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Recent Convening Authority questions

I'm trying to help my friend gather information

I'm trying to help my friend gather information for a characterization upgrade to an OTR. The incident happened over 26 years ago. He has dealt with depression over what seems to be an unethical application of the Chapter 10 option. (In my opinion.) He was charged with rape. I've read the testimonies and statements. He has finally seen the CID report and the results are 'no weapon found,' 'no fluid,' 'no fibers,' and there are no polygraph results anywhere. The accuser contradicted herself 100% in a sworn statement or testimony and admitted she had blackouts, was admitted into rehab and some kind of 'center' before she joined the military for her issues. He knew he was innocent but the military said "sign this or we're sending you to prison." It is his word against the word of those at the time and of course the board will not upgrade because "it's not on paper that he was coerced into signing." Just hoping to find some helpful case law or something.

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P. Simmons

Attorney

Doctoral Degree

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Per Marcorsepman, if respondent's counsel appeals a

Per Marcorsepman, if respondent's counsel appeals a separations board's findings to the Convening Authority, must the government recorder reply to rebut that appeal?

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P. Simmons

Attorney

Doctoral Degree

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I am on LIMDU awaiting shoulder surgery (bicep teniditis,

I am on LIMDU awaiting shoulder surgery (bicep teniditis, labrum repair and rotator cup) which says no transfer due to I am awaiting surgery in a month and then the recovery. I am on pain medicine which I am not to drive and due to the pain increase my blood pressure has increased to 150 over 110 with headaches, dizziness and feeling faint. I put in for a mod to my orders and was denied. I was told my physician a competent authority made the recommendation that I could PCS. However I talked to my PCM, surgeon, and LIMDU board convening authority in which all have said they did not make any such recommendation. Also, my limitations are no pt, or heavy lifting. Physical therapy has not worked nor the steroid shots for my shoulder. I was told by the assignment section to get my surgery at the next command. That will put me into my second LIMDU and my pain is already at an 8 out of 10. What can I do.

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P. Simmons

Attorney

Doctoral Degree

35,172 satisfied customers
Recently tendered my resignation, can't wait results from

Recently tendered my resignation, can't wait for the results from HRC. I plan to piss hot on the next UA. I want to waive my rights to a separation as I have 7 years of total active/reserve experience. What are my odds of receiving an Honorable discharge? I currently owe $27,500 in SLRP.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

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I got a civilian dui that was dropped but the army is trying

I got a civilian dui that was dropped but the army is trying to chapter me out . I have nothing negative on my record either military or on the civilian side but that and I even made e4 before my first 2 years. I want to stay in what are my chances and my eoas is in a year. I want to be a soldier n I know I made a stupid mistake. I have done everything they have required me to do, asap classes etc and I am stressed out about this.

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P. Simmons

Attorney

Doctoral Degree

35,172 satisfied customers
I was just NJP'd and in my rebuttal period now, my

I was just NJP'd and in my rebuttal period now, my rebuttal starts 16 Feb 16 due to my COS taking so long getting my UPB back to me . I was charged with article 134 Drunk and Disorderly and due to a poorly written specification it had the words disrespect to Senior Officers written in for the disorderly portion, the Convening Authority who took final disposition and I believe was completely confused during the NJP and found me not guilty of article 134, but found me guilty of article 89 disrespect to Senior Officers. I was never read my rights to article 89 and was never aware of being charged of it as my article 31 rights was only to 134 drunk and disorderly and my booker statement only had 134 drunk and disorderly conduct on the UPB. On the guilty of article 89 I was fined 2 months half pay. I want to know if this is legal to do a switch in the middle of a NJP and I had no clue about it? When I received back my UPB (10132) it had the article 134 lined through with 89 pinned in and initialed along with the drunk and disorderly lined through and initialed with only the remaining bring disrespectful to senior officers after the when and where in the specification. Is this a violation of my rights? If I need to request this to be thrown out by the appeal CO authority?

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

17,856 satisfied customers
I have questions dealing with my current legal situation.

Good Afternoon,I have questions dealing with my current legal situation. GySgt 13 years in active duty. Was a suspect in a Article 31 NCIS investigation for Sexual Abusive Contact, waived rights made statement. Then 2 months later they changed the charge to Article 134 Drunk and Disorderly on a new Article 31. In the NCIS report is very contradicting from each witness. My one main help is the senior Marine interviewed was a Col and was in the middle of the events and stated I was not intoxicated, this happened all during the dancing part of the ball. On the article 31 for 134 D&D the evidence list only the NCIS report. I currently refused NJP and awaiting the outcome of the convening authority. My worry is just accepting NJP will hurt my chance to re-enlist at 16 years and affect my chance for retirement.My legal questions:Can the convening authority use just the NCIS report as evidence? It was provided to me and reviewed and that's where I got my basis for refusing NJP.Should there been an internal Command Investigation done? I don't know if one was done or not. But if one was done would it need to be referenced in my Article 31 also and available for my review?Thanks for your help.

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P. Simmons

Attorney

Doctoral Degree

35,172 satisfied customers
Should Ltc Peters, USA Ret, be recalled to active duty and

Should Ltc Ralph Peters, USA Ret, be recalled to active duty and court martialed for his comments on Fox News regarding President Obama?

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

17,856 satisfied customers
My son in law was convicted to 16 years in prison with the

My son in law was convicted to 16 years in prison with the US Army. He was stationed overseas in S Korea when the incident occurred. He has presently been sent back stateside to a Military Prison(Ft Leavonworth). They have cut his pay, benefits, and spousal support for my daughter, his wife, and their son. He has not been dishonorably discharged at this time. My question is are they allowed to cut all funding, since he technically is still a service member? I understand the pay cut, but the health benefits, and the living allowance for the family?

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Marsha411JD

Doctoral Degree

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