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I am a CW4(P) in the Army JAG Corps. My FY16 promotion board

I am a CW4(P) in the Army JAG Corps. My FY16 promotion board convened on 10 May 2016 and recessed on 16 May 2016. On 28 December 2016, the Principal Deputy Under Secretary of Defense (Personnel and Readiness) approved the FY16 CW5 Non-AGR board report. My name was on this report as being approved as the only JA for promotion to CW5. The report was published in a Memorandum on 10 January 2017. My MRD was 31 December 2016. At this point I was transferred to the Retired Reserves as a CW4. All of my military education for this promotion had been satisfied.Should the date (28 December 2016) that the results were approved by the Principal Deputy Under Secretary of Defense, e.g., before my retirement toll my retirement and therefore allow me to retire with my CW5? What should be my course of action (COA)?

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P. Simmons

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Doctoral Degree

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Under what circumstances can a military officer's retirement

Under what circumstances can a military officer's retirement be revoked. Please provide code sections which cover or relate to this issue.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

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I was told that the opinion of my unit JAG office takes

I was told that the opinion of my unit JAG office takes precedence over the base legal office. In short, the two disagree over whether my separated spouse is entitled to my Basic Allowance for Housing (BAH) based on her income being higher than mine. The most recent W2 of hers that I could provide as evidence of her income was from 2013 as we PCS'd to Germany shortly thereafter and she was working on the economy. German privacy laws are pretty strict and I don't have a way of providing a more recent pay stub. Does a unit JAG have the final say over the base legal office and if so what steps can I take from here? Thanks.ChrisJA: Has anything been officially filed?Customer: Officially as in divorce filing or..JA: Have you talked to anyone in the chain of command about this?Customer: My chain of command is aware of the situation but is relying on the JAG to make a legal decisionJA: Anything else you want the lawyer to know before I connect you?Customer: I think thats about it.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,346 satisfied customers
I am a cadet in ROTC. Last year, I was arrested on suspicion

Hello,My name is ***** ***** I am a cadet in ROTC. Last year, I was arrested on suspicion of underage drinking. I plead into a deferred sentencing program and the charge was dropped after 6 months. I did inform my Battalion Commander of the situation, and received a character waiver for the incident.Since then, I was later arrested on suspicion of eluding an officer in the third degree (a felony charge). The charge was promptly downgraded to misdemeanor obstruction of justice. I am facing two plea options: admit guilt and enter another deferred sentencing program or accept an ordinance violation. I have not yet reported the incident to my Battalion Commander, and will not be doing so until I reach a final verdict. Moreover, I fully recognize the precarity of my present enrollment in ROTC and need not be informed of this. What I would like to know, is which of these plea options gives me the BETTER chance to contest disenrollment, should I be recommended for such by my Battalion Commander?Further, I have already filled out a security clearance questionnairre and completed an interview. The interview was complete before the time of my second arrest. How are security clearance investigations conducted for most ROTC cadets? Are most cadets interviewed just once as student, and then a second time before commissioning?Any insights on these matters will be appreciated! I ask only that I be spared warnings about the likelihood of my dismissal; I accept responsibility for my mistakes and am aware of the precarity of my situation. I am seeking now the best possible resolution.Thank you!

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Marsha411JD

Doctoral Degree

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My late husband is retired US Navy and his in the service

My late husband is retired US Navy and his in the service for more than 20 years. He already start receiving his pension from the navy but when he died it also stop. Turns out his pension is not transferrable to his beneficiary. My question is: How would I know if there's other benefits I'm entitled to as his widow

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P. Simmons

Attorney

Doctoral Degree

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I'm in the USN on active duty and I'm just not cutting it.

I'm in the USN on active duty and I'm just not cutting it. Is it possible to transfer to the reserves on an active duty contract.JA: Are you overseas or stateside?Customer: StatesideJA: Have you talked to anyone in the chain of command about this?Customer: Not yet.JA: Anything else you want the lawyer to know before I connect you?Customer: Nope

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P. Simmons

Attorney

Doctoral Degree

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One question. I a MAJ is twice passed over to LTC and goes

one question. I a MAJ is twice passed over to LTC and goes through a board and is found "do not promote, Retain"... does that preclude the officer from being selected to LTC in future boards? (ie: AZ x2, 3, 4yrs.... etc). This officer has NO bad marks in his record and 12ys of service ? OR, will he not get promoted to LTC and just be able to serve till 20yr mark and ETS ? ThanksJA: Have you talked to anyone in the chain of command about this?Customer: just researching this now....JA: Anything else you want the lawyer to know before I connect you?Customer: no...

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P. Simmons

Attorney

Doctoral Degree

37,032 satisfied customers
I was recently passed over for promotion and Im trying to

I was recently passed over for promotion and Im trying to determine if I am eligible for reconsideration. At the time of the board my orb (officer record brief) indicated I had assignment consideration: physical restrictions which is like nondeployable. It was an error and incorrectly written profile that was changed after board. I beleive that caused me to me passed over due to physical fitness for promotion. Second 13 yrs ago when I was a SSG I received a AR 15 that went in restricted fiche. After this I made SFC, 3 yrs later went to OCS. I had a very successful career with command and selected for nominated positions such as ROTC and assessed by board into contracting. Additionally I was not selected for the officer seperation board. I beleive because of the draw down which is already being reversed I was unfairly not reselected because of a document that is 13.5 yrs old and years prior to becoming a officer. How can this legally be considered a character issue and how is this legal. Finally John McHugh states the officers selected will shape the Army for the next 10-15 yrs in instructions to the board. How is this not prejudicial to OCS and older officers in general. Does any of this merit reconsideration request.

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NYCLAWYER

Attorney

Juris Doctor.

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Recently I received a field grade article 15, I did not

recently I received a field grade article 15, I did not fight it, I understand I made a mistake and I was willing to accept all punishment and I did. recently I found out from my line leader that my TS is being suspended and I understand because of the article 15 but in the AR it states if such adverse action is taken it should have been provided to me in writing and informing me of my rights at not point while I was read my article 15 this was brought up. Im currently deployed and I'm AGR in the state of FL, in the State of Florida you are required to obtain a security clearance to keep your AGR position, this being said if my Clearance is revoked I will lose my AGR position and this will have a great impact on my family, I would like to rebuttal and try to get advise from IG because at not point was I provided any information on my security clearenceJA: Because laws vary from place to place, can you tell me what state this is in?Customer: Im currently deployed in Tittle 10 order in Africa, but Im AGR tittle 32 in the state of floridaJA: Have you talked to anyone in the chain of command about this?Customer: yes I have my first line leader, he was informed that our Command Officer doesn't have to inform me of my clearance suspension but it states differently in the AR380-67JA: Anything else you want the lawyer to know before I connect you?Customer: also at not point was I counseled to inform me I was flagged... I know its part of the procedure since I received an article 15 but it still wasn't written on a conseling form

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Marsha411JD

Doctoral Degree

19,386 satisfied customers
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