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Recent Desertion questions

I was recently arrested on a desertion warrant from February

I was recently arrested on a desertion warrant from February 2016 and I was released with a ticket to my original unit. When I left I was pending med board (medical discharge) for a 2 tears in my hip.JA: Are you overseas or stateside?Customer: state side . I was wondering if It's possible to go to PCF Instead of my old unit. If not how long should my wife expect me to be gone at my old unit if I just settle of the OTH to get home fasterJA: Have you talked to anyone in the chain of command about this?Customer: No I have notJA: Anything else you want the lawyer to know before I connect you?Customer: My flight to return to my duty station is on tuesdays morning. I am urgently trying to get to PCF instead of the duty station because I don't believe I'd be treated fairly there

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P. Simmons

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On my husband's 1099R, does the gross distribution include

On my husband's 1099R, does the gross distribution include the money his ex wife receives? We were told she will get a separate 1099R.JA: Are you overseas or stateside?Customer: StatesideJA: Have you talked to anyone in the chain of command about this?Customer: No, he is retired now and the courts kept trying to handle this during his Iraqi deployments.JA: Anything else you want the lawyer to know before I connect you?Customer: Yes, my husband was told that his ex wife was entitled to some retirement even though they were married 9 years and she deserted him.

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P. Simmons

Attorney

Doctoral Degree

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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

37,074 satisfied customers
If someone is picked up for desertion what is possible

If someone is picked up for desertion what is possible punishmentJA: Because laws vary from place to place, can you tell me what state this is in?Customer: New JerseyJA: Have you talked to anyone in the chain of command about this?Customer: No.JA: Anything else you want the lawyer to know before I connect you?Customer: Friend had a warrant for arrest for deletion because she did not show up at designated base. She turned herself in and is now in jail waiting to be picked up and taken to quanti. What happens next can she be reinstated

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P. Simmons

Attorney

Doctoral Degree

37,074 satisfied customers
My estranged husband claims to have been a NavySEAL, veteran

Hi! My estranged husband claims to have been a NavySEAL, veteran of the 1st Gulf War (Desert Storm ). I have his DD-214, but blocks 23-29, I'm having difficulty understanding. I understand "conviction by general court martial", but is there a way of finding out specifics?JA: Are you overseas or stateside?Customer: States. N.Y.JA: Have you talked to anyone in the chain of command about this?Customer: No. I don't know the protocols. ..JA: Anything else you want the lawyer to know before I connect you?Customer: I don't think so, just trying to find the specifics behind his discharge

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Allen M., Esq.

JAG officer and former adjunct prof.

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My step son joined the army against my wishes

My step son joined the army against my wishes anyway...unfortunately mom signed for him. Because the recruiter went to his school when he was only a junior at 17... and now he is finding out that nothing the recruiter has told him is true, the career choice he was promised out of an 8 year stay consist of 12 weeks training as a mechanic....he is miserable and wants out.....is this possible or is it really prisonJA: Because education law varies from place to place, can you tell me what state this is in?Customer: OhioJA: Have you talked to anyone in the chain of command about this?Customer: No I just started seriously looking into it for him, cause I thought he should stick it out for a bitJA: Anything else you want the lawyer to know before I connect you?Customer: I guess just want to know if there are any legal possibilities

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,346 satisfied customers
A few days ago my nephew was arrested for desertion. He is

A few days ago my nephew was arrested for desertion. He is currently being held in Salt Lake County Jail. About 8 years ago he signed the papers to join the army, but never reported and never took an oath. I have been told that to resolve this he must go to Oklahoma for 1-3 weeks while waiting for a discharge as he has been somehow listed incorrectly as on being on active duty. Meanwhile he remains in jail with almost no contact with his wife, and to my knowledge no attorney has come to discuss his situation.I understand presently it is not military policy to prosecute those who change their minds between enlisting and reporting for basic training. Is that correct? If so, and my understanding of the facts is correct, is the procedure above the only way to resolve this?

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Marsha411JD

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Just trying to find some information regarding discharge

Just trying to find some information regarding discharge change, process, probability, etc.JA: Because laws vary from state to state, could you tell me what state is this in?Customer: Illinois, would it vary by state if it has to go to the review board for change after the fact and 15 years later?JA: Have you talked to a lawyer yet?Customer: No, not yetJA: Anything else you think the lawyer should know?Customer: The specifics? Or are you referring to something else?

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Marsha411JD

Doctoral Degree

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I'm in the army and currently AWOL unfortunately. I want to

Hey I'm in the army and currently AWOL unfortunately. I want to know if it's possible for my commander to still send me to Leavenworth or give me dishonorable discharge for going AWOL till I'm dropped from the rolls of the army and can go to PCF in Fort Sill and get processed out. I've been in contact with some people still in barracks and they have told me that was what their plan was to do to me and also they have made all soldiers in my platoon right sworn statements. Some background info I left after I had been recycled in AIT at Fort Sill

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Marsha411JD

Doctoral Degree

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