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Recent Honorable Discharge questions

I was accused of altering my physiology on a routine

Hello, I was accused of altering my physiology on a routine military c/i polygraph. I did no such thing but about 2 months after the exam they pulled my access to my work building (did not revoke my clearance) and I was told I was being investigated. About a month after they pulled my access, my commander approved and endorsed my voluntary separation package. I am now officially discharged and not in the IRR or reserves. I haven't heard anything and it's been 8 months since the polygraph. Does this mean most likely case closed or is there still room for concern?

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

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I got NJPd in the Marines last month for furnishing alcohol

I got NJPd in the Marines last month for furnishing alcohol to a minor. I got off restriction for that today and got in trouble for driving a car on base (entry level students can't have cars on base). What will happen next? Will I get discharged? What kind of discharge?

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

17,868 satisfied customers
I just finished over 6 years Active duty, ETS 13 May 2016.

Hello,JA: Hi. What is your issue regarding?Customer: I just finished over 6 years Active duty, ETS 13 May 2016. Before my ETS I signed up for a three year stint in the Reserves as OJT (on the job training) MOS. When arriving at my new unit, I was told I had to go to AIT for my new MOS. Since getting out, I got into an MBA program and am working full time in Management / Operations.. long hours and my new unit is not working with my demanding schedule. I left Active duty as a SSG. I feel like the Reserve recruiter lied to me. Furthermore, I am pending disability and at this time do not know my percentage.JA: Because laws vary from place to place, can you tell me what state this is in?Customer: Virginia - Reserve is federal. US ArmyJA: Have you talked to a lawyer yet?Customer: No.JA: Anything else you think the lawyer should know?Customer: I don't think so. The SFC that I am working with is a full time Reserve position and she doesn't seem to care, or may even be jealous of my transition success. I know she let other soldiers get excused due to school, however, I do not share the same race or gender.

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P. Simmons

Attorney

Doctoral Degree

35,186 satisfied customers
I am currently active duty navy and i didn't disclose i had

I am currently active duty navy and i didn't disclose i had been hospitalized for mental health prior to joining, i believe i was misdiagnosed and one i removed all medication i was healthy and happy and all that good stuff. 6 months into the navy i was raped, i reported it and when i sought counsel on the ship i am currently stationed he said i was in part to blame so i never returned. Recently i took too much of medication i was legally prescribed and it caused my blood pressure to drop forcing me to be admitted to the hospital. Without any options for treatment my command is recommending me to administratively separated. They don't think I'm fit to be in but i strongly disagree, i am a go above and beyond sailor. There has been no evaluation, i haven't gotten any counseling accept to tell me i may be separated. Can they withhold all my benefits?JA: Because laws vary from state to state, could you tell me what state is this in?Customer: The counselor mentioned erroneous enlistmentJA: Have you talked to a lawyer yet?Customer: Im stained in San diego CAJA: Anything else you think the lawyer should know?Customer: *stationed

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P. Simmons

Attorney

Doctoral Degree

35,186 satisfied customers
My son who is 26 was active in the Nat'l Guard (joined 2012

My son who is 26 was active in the Nat'l Guard (joined 2012 for 7 year period), but after the Republicans made their cuts to our country's military services and personnel - especially the benefits that the National Guard newbies were to receive, my son was placed on inactive status. That was about 2 years ago. He doesn't go for his monthly weekend or his annual 2-week weekend either. At that time, his commander had a conversation with him asking one of 2 things:a. When he came back from basic training, his spot on the local Nat'l Guard unit here in San Antonio had been filled. I don't know why he couldn't go back to his unit but that's what he was told. The Commander said he could join a near-by town's unit OR....b. He could be honorably discharged. Since all the benefits he was receiving when he started to serve our country were withdrawn by the government, and he was in school finishing-up his Masters degree (Finance), he told the Commander that he would prefer just the honorable discharge so that he could focus on his education wholly.The Commander said he would submit the paperwork and get it started, but months after that time (and Shawn did keep the e-mails/communication they shared over several months), nothing ever came of it. The paperwork was lost in the shuffle and the Commander never responded or pursued it any further.So Shawn remains in the Nat'l Guard (inactive status) at present. Last year (2015) in May (I believe) he was playing soccer at USAA (where he works) and he took a nasty spill tearing not only his ACL but both meniscus. He had arthroscopy surgery in late July and they rebuilt the whole knee pretty much.Presently he is still working-up his leg strength to this day. But he is timid still about long runs or leg exercises as it does still hurt a bit. (He had been running 5 to 6 miles per day prior to the accident and was in excellent physical condition - very unfortunate.)I am his mother and I'd like to know what his recourse is for obtaining an honorable discharge, if any at all. 2019 seems like a long time from now -being inactive and I'm pretty sure he would not be able to do some of the physical military exercises/training that he could have before the accident.Any help you can offer would be most appreciated. We are in San Antonio, TX. My e-mail is***@******.***. I don't know how you will contact me should I leave this page - so just in case you have my e-mail address and ph#(###) ###-####(in case you have any questions.Sincerely,Linda Cavazos

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P. Simmons

Attorney

Doctoral Degree

35,186 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

35,186 satisfied customers
I RECEIVED MY HONORABLE DISCHARGE FROM U.S AIRFRORCE AS

I RECEIVED MY HONORABLE DISCHARGE FROM U.S AIRFRORCE AS CAPTAIN ON 12/7/1966DO I HAVE ANY MILITARY BENEFITS???

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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

18,818 satisfied customers
I'm active duty AF I recently went to the Emergency room of

Hello I'm active duty AF I recently went to the Emergency room for shortness of breath. The doctor said it may be asthma. I scheduled a follow up with my primary doctor on base. I then spoke with my sister about it to get some clarification on the issue because her son has asthma. During the course of the conversation she said when I was around 6 or 7 my mother took me to the doctor and I staid over night and got an inhaler for asthma. I have no recollection of thi incident. When I meet with my doctor and tell her this. Am I looking at a fraudulent enlistment discharge.JA: Because laws vary from state to state, could you tell me what state is this in?Customer: ArkansasJA: Have you talked to a lawyer yet?Customer: Is this a robot responseJA: Anything else you think the lawyer should know?Customer: No

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Marsha411JD

Doctoral Degree

18,818 satisfied customers
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