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Recent military law questions

I am currently trying to get an upgrade from an

I am currently trying to get an upgrade from an "uncharacterized discharge - entry level separation" due to end of training for the reserves to an "honorable" discharge. I am being asked to fill out a box describing the "error or injustice" that occurred.I am currently considering stating that an "uncharacterized discharge" is causing problems when applying for government benefits and that an honorable discharge would more accurately reflect my service. What is your specific advice for what I need to describe?I am looking for specific wording.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

 
17,430 satisfied customers
I am trying to qualify Hazlewood Act in Texas and need

I am trying to qualify for the Hazlewood Act in Texas and need 180 days "active duty" to qualify. I attended the Air Force Academy in 1982 for 2 months and 26 days, and later enlisted in the Texas Army National Guard for 6 years. I ended up with a DD214 from the Air Force (honorable) for 2 months 26 days, the US Army (uncharacterized I guess because of training) for 3 months and 15 days, and a NGB22 from the TXARNG for 6 years. Many years ago, I received hazlewood benefits but the state has now changed the Hazlewood Act and decided to choose what they think is "active duty" and they disallow anything that is considered training such as the Air Force Academy, Basic Training and AIT, and any schools that were attended. This gets me back below the 180 day requirement.Another issue that might affect your answer is that I am a 70% disabled veteran due to hearing loss (I was in a tank unit for 6 years). This was due to to the cumulative exposure to noise for 6 years. 38 US Code 101 -definitions says i part that "any period of active duty for training during which the individual concerned was disabled or died from a disease or injury incurred or aggravated in line of duty; and (C)any period of inactive duty training during which the individual concerned was disabled or died—(i)from an injury incurred or aggravated in line of duty" is considered active duty.Now my question -How do I get- or do you think I can get my 214 corrected to show active duty credit for my training since I was injured during my inactive duty training.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

 
17,430 satisfied customers
I am interested in pursuing a suit against The United States

I am interested in pursuing a suit against The United States Air Force Academy. I was raped in 1990 at the USAFA, while I was a cadet there. The perpetrator confessed to sexual assault, but was not prosecuted. I was punished for coming forward, as I had been drinking underage. I suffered greatly from this incident and the senior leadership's choice not to prosecute. I would like to sue for pain and suffering, as the entire cover-up affected the rest of my life and career. How can I go about this? I do receive minor VA disability comp for the rape PTSD, so it is documented. I am interested in suing based upon the injury from the cover-up and choice not to prosecute. How can I do that and who should I go through? Should I make it class-action, or just pursue this independently? I understand the Feres ruling to some degree, but there must be a way to receive compensation when wrongdoing is proven, isn't there?

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Marsha411JD

Doctoral Degree

 
18,510 satisfied customers
Hi,I am trying to find out if (most of) the the time spent

Hi, I am trying to find out if (most of) the the time spent while I was attending the Naval Academy counts towards my accumulated Active Duty time, in my particular situation. In general, I know that Academy time does not count. However, I was enlisted before being appointed to the Academy. I had nearly four years of obligated service remaining at the time of my entry to the Academy. I have two DD-214s for the following periods: one from the beginning of my enlistment to the time of entry into the Academy; and one from the time of entry into the Academy to the end of my obligated service (about 5 months prior to graduation). There is a note on the first DD214 which states that no discharge certifcate was to be issued because I would be serving active duty in a "dual status" (meaning that if I left the academy for any reason - I would return to being an E5 in the enlisted Navy). The second DD214 (from the time of entry to 5 months prior to graduation) states the reason for separation as "fullfillment of service obligation" and notes that discharge papers were given. This is important in my situation because I am currently a Naval Reservist (SELRES) and, over the years, have qualified for a reserve retirement and have accumulated 18 total years of Active Duty (in fact the Navy will not write me any more orders due to "sanctuary" concerns, ie - they do not want me to qualify for a regular retirement). PERS-9 had not counted my time while at the Academy (most of the time while I was in dual status at the Academy). But I just found these DD-214s in some old files and have submitted them to PERS-9, but have had no response from them. Do you know if the DD214 which shows me as being in a dual status should count as Active Duty toward the 20 years I would need for a regular retirement?Currently, I have a reserve retirment and will get retirement pay at age 60 (actually a couple years earlier due to active duty time from deplyments and active duty since January 2008). However if this DD-214 spent in dual status will be honored and counted toward my active duty time - then I will have accumulated nearly 22 years of active duty and will qualify for a regular retirment, and thus, will start receiving retirement pay as soon as I retire from the reserves.

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P. Simmons

Attorney

Doctoral Degree

 
34,176 satisfied customers
My son attended Air Force Academy. While in second year, he

My son attended Air Force Academy. While in second year, he got cought stealing a package from the mail room. He was given general discharge with honorable conditions. I'm not sure if he received court martial or field grade article 15. It has been 5 years since his discharge and his ucmj charges showing on his back ground check and restricting him from applying to medical school. How long will this charges stay on his record and is it possible to remove it from his record? What is the possibility of upgrading general discharge to honorable discharge?

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P. Simmons

Attorney

Doctoral Degree

 
34,176 satisfied customers
My son has applied to the air force academy. He has exceptional

My son has applied to the air force academy. He has exceptional qualifications as I am sure many of the candidates do. (Valedictorian, Boys State Alumni, Advanced to international robotics competition, anticipates new world record in cadence pushups at JROTC national competition, regional wrestling champion, etc). A week before winter break (where he had to go out of state to visit his mother) he was informed he had recieved a DQ for a shellfish allergy and that the academy had requested a waiver. A week after returning from the break he recieved and appointment letter conditional on medical qualification, and the next day recieved notice that the waiver had been denied and his application cancelled.He has called and been told his account has been moved from cancelled application to rebuttal status. At that time he was for the first time informed it was due to clam and oyster allergies, we were under the impression it was general shellfish. He has eaten over the past few years clam, food cooked with oyster sauce, crab, and shrimp. The reactions is consistently the same, that of a swollen lip and swelling in the uvula causing discomfort in the throat. Nothing more.I am wondering if there is any guidance you can give in continuing to pursue this. His alternate plan was a $200,000 scholarship through NROTC but that is out the window as well with this disqualification.

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P. Simmons

Attorney

Doctoral Degree

 
34,176 satisfied customers
I have a son who is in college and in the Air National Guard.

I have a son who is in college and in the Air National Guard. His girlfriend got pregnant and he immediately went to the State and asked for a paternity test. He has been paying child support for 2 1/2 years now. She will allow him to see her for short visits at our(grandparents house) but does not want him to be called Daddy or for us to be called Grandparents. Like most of these young men he has no funds for litigation for custody and visitation nor do we. Would he be able to get any legal help from the Air Force. This is a kind young man who was his base's candidate for the Air Force academy.

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LawHelpNow

Attorney and Counselor at Law

Doctor of Jurisprudence

 
6,720 satisfied customers
Suppose an individual tries to get admitted to West Point,

Suppose an individual tries to get admitted to West Point, The Air Force Academy, The Naval Academy, or a school of that nature and when he/she is informed about The Honor Code, he/she says that he/she is not willing to abide by it because the way he/she sees it, he/she is trying to get admitted into a school that prepares a person for the military, and since he/she sees the military, including generals, not only tolerate but even take orders from Presidents of The United States, who not only at the very least lie by making and breaking promises all the time, but may also sometimes cheat and steal as well, then he/she feels that why should he/she obey The Honor Code when even superior officers don't obey this rule. Next, imagine the school tell him/her "Well then you cannot get admitted if you refuse to abide by The Honor Code." Does the applicant in this scenario have a case to sue on the basis that he/she was not admitted for refusing to abide by a rule that he/she felt that they were violating themselves? Thank you for your assistance.

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Marsha411JD

Doctoral Degree

 
18,510 satisfied customers
Iwas honorably discharged from the U.S. Air Force Academy.

Iwas honorably discharged from the U.S. Air Force Academy. Am I considered a Veteran? Thanks!

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P. Simmons

Attorney

Doctoral Degree

 
34,176 satisfied customers
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