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I am being considered for SELCON (10 U.S. Code § 637). I

I am being considered for SELCON (10 U.S. Code § 637) . I have already received my non-selection notice with TERA as an option. Best COA is to elect and pursue TERA. However, if offered SELCON, the term offered (I may decline) is stated as 3yrs. This would continuation would then take me with in 2 years of retirement per the statute on Cornell LawJA: Are you overseas or stateside?Customer: "Notwithstanding the provisions of clause (A), any officer who would otherwise be discharged under such clause and is within two years of qualifying for retirement under section 3911, 6323, or 8911 of this title, shall unless he is sooner retired or discharged under some other provision of law, be retained on active duty until he is qualified for retirement under that section and then be retired" CONUS Ma'amJA: Have you talked to anyone in the chain of command about this?Customer: My over arching question is does this create a loophole by which I could accept SELCON and be effectively safe to a 20 yr retirement.JA: Anything else you want the lawyer to know before I connect you?Customer: Yes Ma'am, I have. This is all developing very fast and answers are suspect and scarce at this point. SELCON is to convene on 7FEB2017. Just got notification today of my choices (thus far)

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P. Simmons

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I am currently stationed in Japan (under my husband's

Hello,I am currently stationed in Japan (under my husband's orders). I am working for NAF and I am trying to obtain a job in the GS. Most jobs overseas require a Secret Clearance.I applied to a job at the Naval Hospital in Okinawa, Japan but just received a SOR letter denying my security clearance due to 2 factors.I'd like assistance in replying/appealing this decision.JA: Have you talked to a JAG attorney about this? Or anyone in the chain of command?Customer: No. I just got the SOR today. Dated 28 Dec 2016JA: Are you overseas or stateside?Customer: OverseasJA: Anything else you want the lawyer to know before I connect you?Customer: one of the factors is based on a DOJ FBI case because ICE tried to deport me back in 2010

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P. Simmons

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I am a CW4(P) in the Army JAG Corps. My FY16 promotion board

I am a CW4(P) in the Army JAG Corps. My FY16 promotion board convened on 10 May 2016 and recessed on 16 May 2016. On 28 December 2016, the Principal Deputy Under Secretary of Defense (Personnel and Readiness) approved the FY16 CW5 Non-AGR board report. My name was on this report as being approved as the only JA for promotion to CW5. The report was published in a Memorandum on 10 January 2017. My MRD was 31 December 2016. At this point I was transferred to the Retired Reserves as a CW4. All of my military education for this promotion had been satisfied.Should the date (28 December 2016) that the results were approved by the Principal Deputy Under Secretary of Defense, e.g., before my retirement toll my retirement and therefore allow me to retire with my CW5? What should be my course of action (COA)?

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P. Simmons

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Under what circumstances can a military officer's retirement

Under what circumstances can a military officer's retirement be revoked. Please provide code sections which cover or relate to this issue.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

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I'm having trouble getting a Certificate of Eligibility from

I'm having trouble getting a Certificate of Eligibility from department of Veterans affairs for a home loan. I entered service 01/21/1988 and was separated on 13/11/1989 with delayed entry date of 06/11/1987 to 20/01/1988.. Reserve obligation end date 05/11/1995. DD214 block 24 Character of service HONORABLE, b23 Separation: Release from Active Duty. b25 Separation Authority, AR635-200 PARA 5-15 b26 Separation Code LFV. b28 Failure to meet Army weight control standards. On the VA eligibility web sight I do not qualify under time in service but there is a not saying that I may be eligible under a sub paragraph #2 if I was separated for convenience of the government. Based on my dd214 do I qualify for a Certificate of Eligibility? Plus i'm 20% compensible service connected. Thank you Chris SJA: Have you talked to anyone in the chain of command about this?Customer: Not yet Va has my COE in a pending statusJA: Anything else you want the lawyer to know before I connect you?Customer: I would just like a reply on my eligibility for my COE. If I don't get it then yes I would like to contact a lawyer that specializes in these types of discharges. I just need ifno to be able to navigate this through the VA

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P. Simmons

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I enlisted in the USCG in 1999 and was discharged due to leg

I enlisted in the USCG in 1999 and was discharged due to leg injuries. It was listed as Uncharaterized on my DD214, with a reenlist code of RE3L. I continued to have issues with my legs since my discharge. In 2010 I was diagnosed with various neuropathic injuries caused by repeated trauma. I'm now 38, and feel these injuries are seriously impacting my life. Should I try filing for VA benefits considering my entry level separation?JA: Have you talked to anyone in the chain of command about this?Customer: No, my husband had been the main one telling me I need file. He knows how much pain I'm in. I haven't spoke to anyone about this, my enlistment was in 1999 - a lot if time has passed.JA: Anything else you want the lawyer to know before I connect you?Customer: I have my injury records (or partial records) from cape may showing my injuries. I also have my medical records showing the damage caused to the nerves in my feet, legs, and arms.

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P. Simmons

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Can the military hold me past my medical discharge date for

Can the military hold me past my medical discharge date for an NCIS investigation?JA: What state are you in? It matters because laws vary by location.Customer: I'm in HawaiiJA: Has anything been filed or reported?Customer: I haven't been charged with anyJA: Anything else you want the lawyer to know before I connect you?Customer: That's pretty much it

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Marsha411JD

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I was released from active duty and erroneously overpaid by

I was released from active duty and erroneously overpaid by around $5,000. DFAS wants the money back. Is there a way to avoid having to pay them back? I was told there's a process to ask for a waiver. Again, they admitted that they mistakenly overpaid me.JA: Are you overseas or stateside?Customer: StatesideJA: Have you talked to anyone in the chain of command about this?Customer: I was released from active duty and then released from the National Guard. Somebody in the guard told me that it was Federal money from training.JA: Anything else you want the lawyer to know before I connect you?Customer: Yeah the DFAS people don't know who made the accounting error and guard people don't know who did it either but they claim it was the feds who drew it and not the guard unit.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,348 satisfied customers
DD214 Misconduct - Commission of a serious offense Character

DD214 Misconduct - Commission of a serious offense Character of Service Under Other than Honorable Conditions. Reason for processing.. Recommendation for Separation by reason of misconduct due to a serious offense and convenience of the Government due to a personality disorder. Summary of Military offenses Date of NJP 25 Aug 88 Type NJP Offense Violation of UCMJ, Article 85 Desertion with intent to remain away permanently Date of offense 22 Jul 88 Punishment awarded 45 days restriction and extra duties forfeiture of 1/2 months PPM for 2 months and reduction to pay grade E-2 All Punishments are suspended. does that mean I was still charged with Desertion?JA: Because laws vary from place to place, can you tell me what state this is in?Customer: I am in CO, this was in Pt. Loma CA San DiegoJA: Have you talked to anyone in the chain of command about this?Customer: no its been over 25 years agoJA: Anything else you want the lawyer to know before I connect you?Customer: I served a total of 2 years 6 months, and in part it was due to a suicide attempt which is why the personality disorder classification. I want to take advantage of VA Home Loan benefits, and I don't feel the desertion classification was fair because they told me at the time I was free to leave and then they said I deserted at the time...

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P. Simmons

Attorney

Doctoral Degree

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