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Recent Discrimination questions

I see that SECNAV change the BCA and PRT standards last

I see that SECNAV change the BCA and PRT standards last year. Are people separated last year for PRT/BCA failure eligible to be re-instated. Also it turns out what the Navy uses for BCA standard is discriminatory against African Americans and former athletes. Has anyone ever successfully argued that to the Navy in an ADSEP proceeding?

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My husband was recently threatened by s Platoon Seargent

My husband was recently threatened by his Platoon Seargent with UCMJ charges for malingering. Last Monday, 4/11, he was called to the office by his platoon sgt. where he was told that he did not believe he had a back injury. He was told that if he does not reach 200lbs or less by 6-1-16, that he would be pressing malingering charges against him. He has made solid progress with his weight. At his January weigh in, he weighed 228lbs and at his March weigh in, he was 216lbs. He has not yet been weighed for April, but is still on the right path. He was also told that he hasn't had an active profile since August and needed to take the upcoming PT test this Thursday.He has received treatments for back pain from the clinic, physical therapy, and physical medicine and has been told different issues from each. He is currently being treated with steroid injections in his back, along with a tens unit prescribed for the house because the pain is constantly there. His clinic provider told him the MRI showed fluid build up in his spine (who 2 months later said he could find nothing wrong and spoke with his Platoon Sgt. on 4/11, which started this situation), his physical therapist told him that he had mild scoliosis, and Physical medicine told him he had T4 and T5 deterioration as well as an L3 compaction.Being med boarded has been brought up to him numerous times by different providers and even his platoon Sgt. I feel as if they are trying to push him out for malingering so they don't have to deal with his disability. He is constantly discriminated against, pulling the same extra duties as other soldiers (they get a comp day) and he does not. He has been promised comp days without receiving them, even when other soldiers get theirs. He has never in any way refused a duty, let alone to his back injury.Today, he spoke with a provider to get his profile renewed (that he thought was done in Feb) since they cannot turn people away on MOD and they are REFUSING to see him until his pt test is done Thursday. He did not even ask for a profile renewal specifically, he is having shoulder pain as well. I am not sure of the legalities of this. It is one thing to deny treatment or giving a profile, it is another to refuse to see him.I would like some advice on how to proceed at this point. He is not comfortable going up his chain of command seeing as how there is discrimination in the ranks and feels he will be unfairly treated as he already has.Thank you in advance.

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The Manager of the Hale Koa Armed Forces Recreation Center

The Manager of the Hale Koa Armed Forces Recreation Center initially determined that their Fitness Center is for hotel guest only making it unavailable to fee paying military retirees residing in the vicinity of the AFRC. After a series of complaints, Installation Management Command G9 upon review and request from the Hale Koa Manager, granted current Hale Koa fitness members to continue their memberships provided they are military/DOD retirees. The Hale Koa Manager called this a Legacy Program and has stipulated that inorder to continue to use the fitness facilities at the Hale Koa, they must never stop or interrupt their memberships. If that should happen they will be excluded and not permitted to reenter their fitness center program again. Long story short, this is a MWR program that first of all should permit paying retirees to join the fitness center program of the AFRC. Second, the establishment of an exclusionary very restrictive program smacks of inappropriate disregard for equal treatment of a group of retirees as a whole. In my situation, I reside near the Hale Koa only about 4 months out of the year. Those living nearby year around or those that look at the fees as insignificant have no problem accepting what is put in place. Since I refused to pay a fee of $55.00 per month year around, I am excluded for their newly established Legacy Program. I accept that MWR programs can charge fees. My concern is that a group is being denied equal treatment by the decisions being implemented. I hope this all make sense and I look forward to your take on this. SGM Julson (US Army Retired)

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I have been reprimanded following a 15-6 investigation into

HI Pearl,JA: What is your issue regarding?Customer: I have been reprimanded following a 15-6 investigation into workplace discrimination and favoritism. The investigation did not find any but it did say that the investigating officer thought that I had sexual harassed a female employee by making statements of a sexual nature and that I retaliated against that same employee. I need to speak to somebody about defending myself and having a letter of Reprimand removed from my personnel file, being reinstated into my previous position and having no negative fall out from this false charge. Additionally, the ruling dies not fall within the definition that the EEOC or the Army has established to be Sexual Harassment or Retaliation.JA: The Military Lawyer will need to help you with this. Have you consulted a lawyer yet?Customer: not yet, because I am a non-bargaining member (because of my position) I have not had the luxury of union counselJA: Is there anything else the Military Lawyer should be aware of?Customer: I believe that the decision was made because leadership thought it easier to deal with me than with the victim who claims to have a special relationship with the three star commander. Nobody wants to open that can of worms, but I think that the leader has inadvertantly exerted undue command. My issue is not the 3 star, but the "victim's" ability to drop his name so that others will steer clear of the conversation. The 15-6 also determined that I "retaliated" against this employee, although her biggest assertion is that I am NOT her supervisor.JA: OK. The Military Lawyer will need to help you with this. OK. Got it. I'm sending you to a secure page on JustAnswer where you can place your fully refundable $5 deposit (plus $13 after the Military Lawyer responds). While you're filling out that form, I'll tell the Military Lawyer about your situation and connect you two.

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Being a federal employee and drill status guardsman. I just

Being a federal employee and drill status guardsman. I just want to know if I'm protected under USSERAJA: Thanks. Can you give me any more details about your issue?Customer: I would like to go to drill but they are telling me I may not be able to be in two status' in one day.. How is this possible? They are trying to make me make up my drills on a different day versus going to drill right after shift. I do not want to make up my drills on my day off, I feel like I should not have to.JA: OK got it. Last thing — Military Lawyers generally expect a deposit of about $18 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.

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My name is ***** ***** and I received a Gen/UHC discharge in

Hi sir. My name is ***** ***** and I received a Gen/UHC discharge in May 2001 while in the USCG active duty at my last duty station San Francisco for Misconduct: due to involvement with drugs, SEP Code: JKK; RE Code: RE4. Im looking to request my first ever upgrade of discharge type--Character of Svc--SEP Code--RE Code--Narr Reason for Sep to the CG Disch Rvw Brd. In march 2000 while aboard USCG Polar Star, I was physically assaulted while a shipmate and I were on liberty at a local mall in Melbourne, Australia about one month prior to my orders to depart for A school training. As a result of the assault, I incurred a TBI with many more mental conditions experienced and later diagnosed and awarded post-service (Comb Rtg 80%; 70% TBI-30% Mood Disorders) which led to me struggling to make it through, grasp, and keep up in 12 weeks of Telecommunications School (Petaluma, CA) while all along dealing with marital, parenting and family health problems haunted me so much that I was forced to take leave from school & return to Oklahoma, for a weekend, after only 1 1/2 months of being in school. The decision to take leave only placed enormous pressure on me and I was told could negatively impact my progress towards graduation by becoming "recycled" back to a new incoming class. However, I the pressure to take leave to be with my wife & family as her mother was having a quadruple bypass heart surgery. Fortunately, even with the strain of playing catch-up, I managed to graduate but not without damage already been done to me emotionally, mentally, psychologically and in some ways physically. Once I reported to Group San Fran in Sept 2000, I made my COC aware of the personal assault, it effects it had on me to that point of reporting for my new duty, and the recommendation of my previous command's ship corpsman to make sure I go have an MRI done after joining my new unit. Once I began the numerous medical appointments with neurologist, neuropsych (Behavior Med Doc), pulmonologist, etc., everyone beyond my comms center supervisor (grp corpsman, comms officer, ops officer, and XO) the entire vibe and aura from the above-mentioned became extremely intense, refusal to understand the previously mentioned damage that has been had and its detrimental impact of my newly began coast guard career & more importantly my own overall health. The continued misunderstanding and lack of concern for my mental health deteriorating, home-life being on the rocks, and constant shortness with me in conversation that I would initiate, in an attempt to engage or seek inclusion, would ultimately create the "end all, be all' when I was basically accused of malingering by the XO when I had a meeting with him about an MEB being initiated as a result of my neurologist findings of being "unfit for worldwide assignment" as well as the highly stressful duties of a telecomm watchstander. So, with the changes for the worst taking place in me physiologically, psychologically, emo-behaviorally in all aspects of my life, I would finally be notified (Feb 2001) of a Medical Eval Board to be initiated while being accused of malingering & reminded of what could happen if it is determined that I'm faking injuries to avoid working. At that point, I realized the relationship with my command was more evident to how they felt about me, my health, life and new coast guard career which equated to everything "opposite of positive, success, team, family that I believed in the USCG to stand for. After all, I achieved what seemed to be success while serving in the Air National Guard, promotions, a "Sharp Troop" award making it to my highest ranking of E-4/Sr. Airman about 4 months prior to requesting to be released to join the USCG active duty. I also achieved high marks while onboard the USCG cutter Polar Star and in TC-A School some average but passed my PO3 servicewide exam for promotion to Third Class PO, upon graduating from A-school. In April 2000, command random drug screens were underway. In my department, I remember being told by a TC2 who was providing admin assistance to the urinalysis team which included the group corpsman & of course my Comms officer and that I was being requested to replace him as one of several TC watch standers to be screened. Here's the thing, my name or social security number wasn't on the list but his was and he when I questioned him about being previously informed that I wasn't on the list, he stated “Ms. G said to have you replace me since she ordered me to assist her and the urinalysis team in screening everyone. This led me to strongly feel that they were out to get me by utilizing ununiformed tactics to make a statement or example out of me by showing they had the power to influence how the rest of my career and life was to play out. Nevertheless, I used drugs in between time to cope and numb all the pain and trauma from the assault and tbi, the treatment from my command at the outset of reporting all the way through my discharge. I feel it was unjust to have received a misconduct/gen/UHC due to the fact I was assaulted and the aggravation of my tbi that brought on depression, ptsd, and other conditions led me to use drugs in which ultimately tossed out any continuation for an MEB since the positive screening occurred. What can I do to have these changes made to my record? Thanks sir!JA: Thanks. Can you give me any more details about your issue?Customer: Well, because of a multitude of high overwhelming emotions taking place within me, I wasn't clear with my command on how the drugs were injested due to the overall embarrassement, hurt, fear, to say the least. I didnt want to be discharged, I just wanted everything relating to my assault, injury and mental health effects to be taken treated with a greater level of concern. I thought the test were a false positive because of the hemp-based bath products I had been using 2-3 times a week, when going out to dance clubs where marijuana smoke would be in the air of an enclosed space, as well as various over the counter medicines regularly for the migraines, headaches, jaw pain from the assault. According to Ops Officer, the results revealed what he referred to as "trace" amounts of THC & Cocaine yet, as I was ordered to see a CG my drug addiction following the notification of intent to discharge, his report showed that my..."evaluation related a pattern of moderate alcohol use and denied any present controlled substance use. He did not appear to be minimizing his alcohol/drug use, recommended to return to duty pending investigation and possible discharge". To me, this led me to believe that I stood a chance of being believed even when I presented them with information or evidence concerning hemp-based products that my spouse and I often used for baths and such. I don't recall being given a choice to go to treatment even after my then-wife provided a personal statement of support on my behalf instead, the CO moved forward with discharge, reduction in pay, loss of ranking from E-4 to E-3, 45 days base restriction and stated it would have been worse if it hadn't been for my wife's letter to him.JA: OK got it. Last thing — Military Lawyers generally expect a deposit of about $18 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.

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Allen M., Esq.

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I was just notified after doing a psych/personality test

I was just notified after doing a psych/personality test that I'm getting an admin discharge. The dr had me take this test because I've been having real bad anxiety. I was under the impression I would get a medical discharge. Is there any way I can get this as a medical discharge rather than an admin discharge?

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

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17,632 satisfied customers
My daughter is a freshman ROTC at her college and set to

Hi, My daughter is a freshman ROTC at her college and set to contract this coming fall. Her boyfriend is a soph and is also supposed to contract now. Their school is a small private college, the main program is ran out of a state college which is about 45 mins away. They were both planning to transfer to the state school that hosts their ROTC program next fall. Their relationship has never been "secret" but a high ranking officer recently realized they are dating now he will only contract them both if they go to different schools (he will stay at the private school and my daughter will go to the state school) Is their relationship an issue? They are both enlisted part time Nat Guard and have different MOS. JA: OK. The Military Lawyer will need to help you with this. Have you consulted a lawyer yet? Customer: No. Not really sure what to do. I feel like power is being abused by the officer who threatened them, he also said they could not date. I have tried to find do research online and it appears to me their relationship is not an issue. Because of chosen majors it is in both of their best interest to transfer to the state school. JA: Please tell me everything you can about this issue so the Military Lawyer can help you best. Is there anything else important you think the Military Lawyer should know? Customer: They are both great students (3.5 and up gpa) and excell in pt and military science classes. My daughters BF has gone to basic and AIT, my daughter is going to basic this summer and will not do AIT because she will contract first. JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Military Lawyer about your situation and then connect you two. Customer: The officer kept promising her bf contract and delaying. His parents finally got frustrated and called Governor and JAG. I think the officer may have gotten "in trouble" because he is suddenly wanting the bf to sign NOW but at the private school and all of a sudden the relationship is an issue.

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P. Simmons

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What was the Supreme Court case (who vs. who) where a

What was the Supreme Court case (who vs. who) where a maximum age limit was put in place for anyone wanting to join the military? Thank you.

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P. Simmons

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