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Recent Honorable Discharge questions

I need to know which forms are required, to file for

HiJA: Hi. How can we be of help?Customer: I need to know which forms are required, to file for compensation and retirement. Note: I went to the Army review board and won my case, therefore, I need to apply for compensation for damages and retirement pay, plus back pay. I was a SFC/ E7JA: Are you overseas or stateside?Customer: statesideJA: Have you talked to anyone in the chain of command about this?Customer: I am out of service. the review board does not have authority to re-instate any service memberJA: Anything else you want the lawyer to know before I connect you?Customer: that should cover things initially, thank you

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P. Simmons

Attorney

Doctoral Degree

35,648 satisfied customers
I'm 19 years old, I've been in the navy for 11 months and

My name is***** 19 years old, I've been in the navy for 11 months and I'm about to go to a DRB (disciplinary review board) for being caught stealing $87 worth of goods from walmart (lingerie and jewelry). I concealed the items in my reusable grocery bag which I used as a purse. My chief had to come down to the walmart to prove that I lived in the barracks and he was shown the tapes and everything. I was very cooperative. Charges are pressed against me and I'm currently awaiting to go to my arraignment.Before this, I have been an exceptional sailor. At my 6 month long A school I graduated top of my class as ATI Honor Grad, I had over 40 volunteer hours, and I got an outstanding on my PRT. 3 months ago I arrived at my ultimate command; all of my quals are done but I hadn't started volunteering yet. I did just join my command's MWR but did so only a couple weeks ago and have only attended a couple meetings. I plan to volunteer this weekend. My LPO's adored me, as I was a very hard working worker.Knowing all of this, will I likely go to Captain's Mast? Will they look at the things I achieved while in A school or will they only look at what I've achieved whilst at my current command? Will I be separated from the Navy? Would I get a dishonorable discharge if they did? Of course you don't know the exact answers, but if you know of how a similar case turned out, it would help settle my nerves immensely!Thank you

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Marsha411JD

Doctoral Degree

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I am applying for a hardship discharge, which my chain of

I am applying for a hardship discharge, which my chain of command is convinced i will get due to the circumstances. I have been in the marine corps for two years. What percentage of my gi bill should i getJA: You just pay a $5 deposit now and the rest only when you get a reply from the Military Lawyer. All of this is 100% satisfaction guaranteed, so you can get a refund if you're not happy for any reason.Customer: how long does that takeJA: Are you overseas or stateside?Customer: statesideJA: Have you talked to anyone in the chain of command about this?Customer: yesJA: Anything else you want the lawyer to know before I connect you?Customer: no

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,056 satisfied customers
I was honorably discharged with an re4. However I was

I was honorably discharged with an re4. However I was prescribed a medication at the time and my condition should have caused this to be recorded as an RE-3p. There was a side issue in that I was going through the curriculum and was passing the certs. But then I came to one cert that I did not pass but then right after they threw the requirement for that cert out and were pulling people back into the curriculum which did not pass. ...anyway it seemed rather random but they did not pull me back in. Anyway all that seems to me like it should have be a side issue as I was just starting to get treated for a medical issue (which by the way was environment based and so temporary due to odd situation). ... so anyway it would seem at worst I should have gotten an RE-3p not a RE-4 . ...But it is possible that a RE-3p may end up being harder to deal with then a RE-4 but I am not sure and would like your advice on that also.JA: Are you overseas or stateside?Customer: statesideJA: Have you talked to anyone in the chain of command about this?Customer: I am honorably discharged who would I talk to?JA: Anything else you want the lawyer to know before I connect you?Customer: I cant think of anything additional offhand right now.

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P. Simmons

Attorney

Doctoral Degree

35,648 satisfied customers
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

18,056 satisfied customers
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

18,056 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

35,648 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

35,648 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

35,648 satisfied customers
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