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In 1993 while serving as an officer in the military I was

In 1993 while serving as an officer in the military I was accused of a crime but never convicted. However because I was an officer I was charged with adultery. After 23+ years with no criminal record this incident showed up as I was clearing customs. I'm looking into the process to get this expunged.JA: Are you overseas or stateside?Customer: stateside. I'm no longer in the militaryJA: Have you talked to anyone in the chain of command about this?Customer: no I have been out of the military for 22 years.JA: 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

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I am supposed to enlist tomorrow but I am wondering how

I am supposed to enlist tomorrow but I am wondering how binding that is prior to OCSJA: 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: I have been selected for UPT for the air national guard. I am not yet sure I want to do it and am supposed to enlist tomorrow, It will be at least 10 months before I go to OCS

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Marsha411JD

Doctoral Degree

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I received a military discharge of "Commission of a Serious

Hello, I received a military discharge of "Commission of a Serious Offence" General under honorable conditions, but I want to upgrade to honorable. How would I go about doing so?JA: Are you overseas or stateside?Customer: Stateside, I received this in 2011.JA: Have you talked to anyone in the chain of command about this?Customer: I haven't been in contact with anyone in the chain since then.JA: Anything else you want the lawyer to know before I connect you?Customer: Is there anything else specific?

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Marsha411JD

Doctoral Degree

18,962 satisfied customers
First of all, I want to express my gratitude for your advice

First of all, I want to express my gratitude for your advice last year. Because of your guidance about my fiance's court martial (where he received 6 years confinement), 2 months later, he was granted an Article 39 (A), 3 charges were dropped due to statute of limitation, and within 3 more months he was home! There was later a resentencing hearing, where he was sentenced for the remaining charges, but after a mess of errors by the prosecution, he was granted almost 250 days of confinement credit. He was given 2 years at the resentencing, he's done the 6 months and was released from the brig last week. My question is who can we appeal to in order to get him back to the east coast? He was ordered to a transient personnel unit near the brig. He did not receive a punitive discharge, so he is still in the Navy and the appellate process hasn't really begun yet. The CO told him that they are not releasing him to return home to Maryland. The TPU command took him to Navy Relief to get money to live in a hotel and $25 per day to eat and he is paying a taxi to take him to muster each morning. He has a letter indicating that he can't eat at the galley. This is CRAZY! It feels like additional punishment. Our commitment to remain deeply involved in every step of his case, has served him well. We don't intend to stop now. Please advise on military instruction regarding rights of those in a situation like this.Many thanks,JC

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P. Simmons

Attorney

Doctoral Degree

35,712 satisfied customers
I'm trying to figure out how to report adultery to the

I'm trying to figure out how to report adultery to the military.JA: Are you overseas or stateside?Customer: statesideJA: Have you talked to anyone in the chain of command about this?Customer: I'm no longer in Fort hood, My husband got out in 2015, but the other woman in still. So noJA: Anything else you want the lawyer to know before I connect you?Customer: They made a child and there is a possibility that shes pregnant again

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P. Simmons

Attorney

Doctoral Degree

35,712 satisfied customers
I am a DA civilian and I have just been informed that I am

I am a DA civilian and I have just been informed that I am being accused of patterns of discourteous behavior and a 15-6 will be conducted today on me. I am not being told what I said or what the type of discourteous behavior is. do I have a right to know what the patterns of behavior are?JA: Are you overseas or stateside?Customer: Fort Irwin, California USAJA: 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: I will be interviewed today at 1300.

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P. Simmons

Attorney

Doctoral Degree

35,712 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

35,712 satisfied customers
I am a prior service Warrant officer in a specialty mos with

I am a prior service Warrant officer in a specialty mos with just short of 15yrs active duty. I received an "Under honorable conditions" discharge with a JNC code. The narrative reason listed was unacceptable conduct. I elected to put in a letter of resignation due to family care issues.1st question: can I get my character of service changed?2nd Question: Is it possible for me to come back in as a warrant for an under strength high demand MOS; or as an enlisted soldier (E-7)

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P. Simmons

Attorney

Doctoral Degree

35,712 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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