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Recent Discrimination questions

My ex is a marine and we have a 4 month old daughter. I

hi. My ex is a marine and we have a 4 month old daughter. I don't mind joint custody now but if he were to get transferred out of state would he still have joint custody? He expects her to live with him half of the year.JA: Are you overseas or stateside?Customer: StatesideJA: 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: I don't think so

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

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I have a question regarding the definition of unlawful

Hello! I have a question regarding the definition of unlawful discrimination in the Air Force. I was looking at the AFI-36-2706 and it did not give me a strict definition of what constitutes discrimination.JA: Okay, I'll connect you to the lawyer to discuss this further with you. Before I do, is there anything else you want him or her to know?Customer: I also have a few questions about dis-enrollment investigations and cadet rights in such procedures.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,372 satisfied customers
I have 10 years in national guard and I received a general

I have 10 years in national guard and I received a general discharge and was barred. I failed a drug test in a two month period and I did it in a year when I had reenlisted for just that one year. I was a great soldier and was experiencing family problems and not progressing in military due to discrimination. I was told since I was about to ets within two months, they made it personal by barring me. Can you give me any insight?JA: Can you tell me what state this is in?Customer: LouisianaJA: Have you talked to anyone in the chain of command about this?Customer: No maam, just people telling me my chances aren't good. It's been five and a half years and I'm in great physical and mental condition, currently a correctional officer and my job loves me. I want to get back in and I feel this was too much to be put on me.JA: Anything else you want the lawyer to know before I connect you?Customer: No maam

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,372 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

37,474 satisfied customers
I work for the YMCA as a fitness instructor. I do this to

I work for the YMCA as a fitness instructor. I do this to keep myself as healthy as possible, because I am a disabled veteran. The YMCA had a two job openings for full time positions and I applied. A recently new Director had been hired, and met with me for less than 5 minutes and told me she wouldn't be interviewing me for the position. Her reason was I lacked management experience. I have years of management experience, so it was clear she had not read my resume. On top of that the YMCA says it give priority to veterans and disabled veterans, but that was clearly not the case. I told her that I did have extensive management experience, and that made her angry. So for the other position i interviewed for, but she made sure I did not get the position because she basically didn't like me. She approached someone who applied for a different position (another fitness instructor with less experience) and asked her to change her application to the position I was trying to get. The hiring manager wanted to hire me, but this woman would not let her. I do not know what my rights are, but I know that the YMCA does not give priority to disabled veterans and I was discriminated against and want to know if I have any rights. At a minimum, I want the YMCA to remove that they give priority to disabled veterans when they clearly do not from their application process. Look forward to your thoughts, and this was the "readers digest" version.

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P. Simmons

Attorney

Doctoral Degree

37,474 satisfied customers
I have a military question. I am a former US Army soldier. I

I have a military question. I am a former US Army soldier. I joined the US Army in 1997. I was victim of racial discrimination, which caused me to leave the Army, under Other Than Honorable Discharge, In lieu of court martial. For over 20 years I never used my military status. The racism from military experience was too traumatic for me to relive. I am more mature and a lot wiser than the helpless person who encountered racism as 24 years old. I am seeking an expert who can help upgrade my military discharge from Other Than Honorable Discharge, In lieu of court martial. I can better articulate the racial discrimination that I have avoided over the past 20 years. Quick history, in 1996, I interned as a US Customs Special Agent in 1996. I wanted to become a US Special Agent. I enrolled with the US Army, as a Specialist (E4), because of my college degree. As part of military enrollment contract, the USA Army agreed to pay off my college loans. MY MOS was military intelligence, 98K, signals interceptor. After basic training, I went to Pensacola, FL Naval training station. Within five minutes of meeting my training Drill Sergeant, he told me that he did not respect me and not to expect the other training officers to obey me. I told him within a couple of months, I had to attend my wedding, which was schedule before joining the Army. My Drill Sergeant did not allow me to train. My training consisted of study from classwork as a 98K student. I played college football at Rutgers. I was not fat, but, I also did not meet US military weight and height regulations. My classroom instructor expressed concern with me not being allowed to train. I always past my physical training (PT) test. Yet, instead of training for 98K classwork, I was always doing PT. I do not remember the details, I was placed on a punishment, where I had to signing on a sheet, located in my barracks, every hour on the hour. The last sign-in, I was late as a result of the extra PT and eating dinner late. My Drill Sergeant wait for me, as though he intended or expected me to fail. My Drill Sergeant told me, he “got me.” He then told me that I would not be attending my wedding, which was two days from me missing the sign-in. I called my local US Congresswoman about the matter the next day. I was told there was short notice for any decision to occur. I went to my wedding on Friday and returned on Sunday. I received an Article 15 and I was told that I would be losing my top secret security clearance. I told the commander I did not agree with the decision because of the ethical dilemma of having to choose between my wedding and a punishment that I should never been punish for. Again, I do not remember specifically what I did to receive sign-in punishment. I told my commander that I would like to use the next level down clearance, “secret” for a military police contract. I was told a new MOS was chosen for me, in Kentucky's Armory as a tank mechanic. When I arrived in Kentucky, I demand being release from my Army contract. After my commanding officer reviewed my military records from military intelligence, I was told that I was process for a new MOS as the wrong form of punishment. A Drill Sergeant advised me to go AWOL, since it was Peace Time. Before being instructed to go AWOL, I was approved for an Honorable discharge. Because of the emotional stress, I listed to one of my Drill Sergeant, who told me that my previous training station treated me wrong and I should never have lost my top secret security clearance. I want to upgrade my discharge and received all of my US military benefits based on racial discrimination from the US Army.

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P. Simmons

Attorney

Doctoral Degree

37,474 satisfied customers
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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P. Simmons

Attorney

Doctoral Degree

37,474 satisfied customers
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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P. Simmons

Attorney

Doctoral Degree

37,474 satisfied customers
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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P. Simmons

Attorney

Doctoral Degree

37,474 satisfied customers
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