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First of all, I want to express my gratitude for your advice

First of all, I want to express my gratitude for your advice last year. Because of your guidance about my fiance's court martial (where he received 6 years confinement), 2 months later, he was granted an Article 39 (A), 3 charges were dropped due to statute of limitation, and within 3 more months he was home! There was later a resentencing hearing, where he was sentenced for the remaining charges, but after a mess of errors by the prosecution, he was granted almost 250 days of confinement credit. He was given 2 years at the resentencing, he's done the 6 months and was released from the brig last week. My question is who can we appeal to in order to get him back to the east coast? He was ordered to a transient personnel unit near the brig. He did not receive a punitive discharge, so he is still in the Navy and the appellate process hasn't really begun yet. The CO told him that they are not releasing him to return home to Maryland. The TPU command took him to Navy Relief to get money to live in a hotel and $25 per day to eat and he is paying a taxi to take him to muster each morning. He has a letter indicating that he can't eat at the galley. This is CRAZY! It feels like additional punishment. Our commitment to remain deeply involved in every step of his case, has served him well. We don't intend to stop now. Please advise on military instruction regarding rights of those in a situation like this.Many thanks,JC

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P. Simmons

Attorney

Doctoral Degree

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I was medically retired from the Marines with a mental

I was medically retired from the Marines with a mental disorder, can I still purchase a hand gun? I was never hospitalised or deemed a risk to myself or others.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,102 satisfied customers
Is military retired pay an accrued benefit? If so, then is

Is military retired pay an accrued benefit? If so, then is the denominator in an coverture fraction the years the benefit was accrued or the total years in the military regardless of change from reservist to active duty or break in service?JA: Are you overseas or stateside?Customer: StatewideJA: Have you talked to anyone in the chain of command about this?Customer: No just a military retirement specialist on base who said the accrued time but civilian QDRO professional is using total years of service.JA: Anything else you want the lawyer to know before I connect you?Customer: Yes, when dividing disposable income. Is the calculation before or after service members federal income taxes? How much to speak with professional?

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P. Simmons

Attorney

Doctoral Degree

35,712 satisfied customers
What if two people have have affair. Both guys are military

What if two people have have affair . Both guys are military and the wife of one had affair with other . She realized she was in love . Stopped the affair divorced the first husband and when divorce wAs final started to date the second guy . Can the original husband retroactively hurt the second guy if he suspects an Affair in the past without proof or even if he finds proof later ? At this point the divorce is final

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,102 satisfied customers
I am on the receiving end of a Relief for Cause OER. Short

I am on the receiving end of a Relief for Cause OER.Short version. A bunch of my Soldiers made up allegations against me and my First Sergeant for harassment, sexual harassment, and mental retardation to protect their friend who got caught stealing a TV from my office while deployed to Afghanistan.The overzealous investigator proved all manner of allegations against me to be true even though he proved things such as medical conditions, bad childhood, and that my predecessor were all bad. My rater even told me on two occasions that the facts didn't matter and I would be punished no matter what I did. Furthermore, they withheld all evidence used against me and only gave me some summarized memorandums with no supporting evidence to tell me I was guilty of all manner of crazy things. I was even found to be a toxic leader because I enforced AR 670-1 by telling people to get their hands out of their pockets.I believe I can show evidence of harassment, discrimination, HIPAA violation and failure to follow army regulations.Also, I was relieved a week after my rating period ended and that was put on my OER in violation of AR 623-3.The evidence against me was a joke. No victims, no witnesses, no dates, no times, no locations. All evidence was rumor and hearsay.I filed 2 congressional and the Army simply stonewalled and rebuffed them. They had my rater reply to one of them even though I had leveled allegations against her. They refused to investigate and told me to file an OER appeal.I need some guidance because I need to file an OER appeal (received OER about 18 months ago), but I believe my chain of command should be held responsible for breaking the law. I currently have a Presidential Inquiry ongoing, but the Army is stonewalling on that too. Any advice?

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P. Simmons

Attorney

Doctoral Degree

35,712 satisfied customers
My son has enlisted in the marines. took the oath and was

My son has enlisted in the marines. took the oath and was suppose to ship out Oct 24. They called him in mid august to move his ship date for boot camp. needless to say he smoked pot on aug 18. he was taken to MEPS today and was asked to confess any thing that may hurt them when they go to boot camp. Needless to say my son was honest about what he did. now they are requesting an essay apologizing for his misconduct. i was just looking for respectful wordingJA: Are you overseas or stateside?Customer: STATESIDEJA: Have you talked to anyone in the chain of command about this?Customer: no not yetJA: Anything else you want the lawyer to know before I connect you?Customer: no.

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P. Simmons

Attorney

Doctoral Degree

35,712 satisfied customers
I'm seeking information on how a command has to charge a

hi, i'm seeking information on how long a command has to charge a soldier with an article 86JA: Are you overseas or stateside?Customer: stateside and I was late for my staff duty due to being sickJA: Have you talked to anyone in the chain of command about this?Customer: yes but it is my training center chief pushing it through our hhccommandJA: Anything else you want the lawyer to know before I connect you?Customer: yes, this incidence occurred on 14 august 2016 and I was read my article 15 today and it is dated for today

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,102 satisfied customers
I have a RE code of 6H from the Air Guard. how do I get the

i have a RE code of 6H from the Air Guard. how do I get the code updated to re enlist?JA: Are you overseas or stateside?Customer: state side but I'm flying out tonight for a deployment. I'm a contractor, not longer in the military.JA: Have you talked to anyone in the chain of command about this?Customer: recruiter and someone at "my pers" it was a 800 number the recruiter told me to call. they told me to fill out a "app for correction" I just want to make sure this is the right way to go about it before I send itJA: Anything else you want the lawyer to know before I connect you?Customer: I was in the air guard for over a year and never attended basic, they couldn't get me dates to go so I separated. My discharge says an entry level separate - no fault of their own

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,102 satisfied customers
I am being represented by a Veteran Law Firm for my VA

Hello Sir. I am being represented by a Veteran Law Firm for my VA Disability claims. They sent me a copy of a letter they sent to the VBA. On It states af follows: On Apriol 26,2016 their office requested a copy of my Veterans claims file and has still not received it. They are requesting it immediately! The legal paragraph is as follows: Considering the excessive lenth of time this claim has been pending, we demand to hear from your office within 30 days from the date of this letter. Otherwise, we will be forced to file a petition for writ of mandamus for extraordinary relief at the U.S. Court of Appeals for Veterans Claims.What does this mean? Can you explain the legal terminology?

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rayanswers

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Doctoral Degree

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