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Recent Separation Allowance questions

My name is ***** ***** and I received a Gen/UHC discharge in

Hi sir. My name is ***** ***** and I received a Gen/UHC discharge in May 2001 while in the USCG active duty at my last duty station San Francisco for Misconduct: due to involvement with drugs, SEP Code: JKK; RE Code: RE4. Im looking to request my first ever upgrade of discharge type--Character of Svc--SEP Code--RE Code--Narr Reason for Sep to the CG Disch Rvw Brd. In march 2000 while aboard USCG Polar Star, I was physically assaulted while a shipmate and I were on liberty at a local mall in Melbourne, Australia about one month prior to my orders to depart for A school training. As a result of the assault, I incurred a TBI with many more mental conditions experienced and later diagnosed and awarded post-service (Comb Rtg 80%; 70% TBI-30% Mood Disorders) which led to me struggling to make it through, grasp, and keep up in 12 weeks of Telecommunications School (Petaluma, CA) while all along dealing with marital, parenting and family health problems haunted me so much that I was forced to take leave from school & return to Oklahoma, for a weekend, after only 1 1/2 months of being in school. The decision to take leave only placed enormous pressure on me and I was told could negatively impact my progress towards graduation by becoming "recycled" back to a new incoming class. However, I the pressure to take leave to be with my wife & family as her mother was having a quadruple bypass heart surgery. Fortunately, even with the strain of playing catch-up, I managed to graduate but not without damage already been done to me emotionally, mentally, psychologically and in some ways physically. Once I reported to Group San Fran in Sept 2000, I made my COC aware of the personal assault, it effects it had on me to that point of reporting for my new duty, and the recommendation of my previous command's ship corpsman to make sure I go have an MRI done after joining my new unit. Once I began the numerous medical appointments with neurologist, neuropsych (Behavior Med Doc), pulmonologist, etc., everyone beyond my comms center supervisor (grp corpsman, comms officer, ops officer, and XO) the entire vibe and aura from the above-mentioned became extremely intense, refusal to understand the previously mentioned damage that has been had and its detrimental impact of my newly began coast guard career & more importantly my own overall health. The continued misunderstanding and lack of concern for my mental health deteriorating, home-life being on the rocks, and constant shortness with me in conversation that I would initiate, in an attempt to engage or seek inclusion, would ultimately create the "end all, be all' when I was basically accused of malingering by the XO when I had a meeting with him about an MEB being initiated as a result of my neurologist findings of being "unfit for worldwide assignment" as well as the highly stressful duties of a telecomm watchstander. So, with the changes for the worst taking place in me physiologically, psychologically, emo-behaviorally in all aspects of my life, I would finally be notified (Feb 2001) of a Medical Eval Board to be initiated while being accused of malingering & reminded of what could happen if it is determined that I'm faking injuries to avoid working. At that point, I realized the relationship with my command was more evident to how they felt about me, my health, life and new coast guard career which equated to everything "opposite of positive, success, team, family that I believed in the USCG to stand for. After all, I achieved what seemed to be success while serving in the Air National Guard, promotions, a "Sharp Troop" award making it to my highest ranking of E-4/Sr. Airman about 4 months prior to requesting to be released to join the USCG active duty. I also achieved high marks while onboard the USCG cutter Polar Star and in TC-A School some average but passed my PO3 servicewide exam for promotion to Third Class PO, upon graduating from A-school. In April 2000, command random drug screens were underway. In my department, I remember being told by a TC2 who was providing admin assistance to the urinalysis team which included the group corpsman & of course my Comms officer and that I was being requested to replace him as one of several TC watch standers to be screened. Here's the thing, my name or social security number wasn't on the list but his was and he when I questioned him about being previously informed that I wasn't on the list, he stated “Ms. G said to have you replace me since she ordered me to assist her and the urinalysis team in screening everyone. This led me to strongly feel that they were out to get me by utilizing ununiformed tactics to make a statement or example out of me by showing they had the power to influence how the rest of my career and life was to play out. Nevertheless, I used drugs in between time to cope and numb all the pain and trauma from the assault and tbi, the treatment from my command at the outset of reporting all the way through my discharge. I feel it was unjust to have received a misconduct/gen/UHC due to the fact I was assaulted and the aggravation of my tbi that brought on depression, ptsd, and other conditions led me to use drugs in which ultimately tossed out any continuation for an MEB since the positive screening occurred. What can I do to have these changes made to my record? Thanks sir!JA: Thanks. Can you give me any more details about your issue?Customer: Well, because of a multitude of high overwhelming emotions taking place within me, I wasn't clear with my command on how the drugs were injested due to the overall embarrassement, hurt, fear, to say the least. I didnt want to be discharged, I just wanted everything relating to my assault, injury and mental health effects to be taken treated with a greater level of concern. I thought the test were a false positive because of the hemp-based bath products I had been using 2-3 times a week, when going out to dance clubs where marijuana smoke would be in the air of an enclosed space, as well as various over the counter medicines regularly for the migraines, headaches, jaw pain from the assault. According to Ops Officer, the results revealed what he referred to as "trace" amounts of THC & Cocaine yet, as I was ordered to see a CG my drug addiction following the notification of intent to discharge, his report showed that my..."evaluation related a pattern of moderate alcohol use and denied any present controlled substance use. He did not appear to be minimizing his alcohol/drug use, recommended to return to duty pending investigation and possible discharge". To me, this led me to believe that I stood a chance of being believed even when I presented them with information or evidence concerning hemp-based products that my spouse and I often used for baths and such. I don't recall being given a choice to go to treatment even after my then-wife provided a personal statement of support on my behalf instead, the CO moved forward with discharge, reduction in pay, loss of ranking from E-4 to E-3, 45 days base restriction and stated it would have been worse if it hadn't been for my wife's letter to him.JA: OK got it. Last thing — Military Lawyers generally expect a deposit of about $18 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.

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Allen M., Esq.

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I am an AGR Officer (LTC) selected for retirement in lieu of

I am an AGR Officer (LTC) selected for retirement in lieu of show cause elimination with more than 18 yrs afs but less than 20 afs years. I have a 20 year letter for Reserve retirement.Am I not eligible for sanctuary? My BOI resulted in a General Under Honorable elimination, but am being retired with a by-law non-regular retirement. Thanks! John T.

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Allen M., Esq.

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Hello, My son has signed a five year contract with the Navy.

Hello,My son has signed a five year contract with the Navy. He leaves on July 16th. However, he was and three other teenagers were picked up Monday (June 2nd) and are currently being held in the custody of Juvenile Detention center on a deliquency charge. He was with a bunch of other teens at the wrong place, at the wrong time. He has told the police and us that he did nothing wrong. The teens he were with committed an offense and my son happened to be with them when they did. The other teens have admitted to committing the offense but they are still trying to tie my son to it because he was with them. Anyway, he is awaiting his hearing. In the meanwhile the recruiters do not yet know what has happened and they are texting me and threatening to "discharge" him for not showing up for his department meetings (he has missed two meetings). They are also threatening to run a Juvenile police record check for my county in order to see if something comes up with my son's name. Can they discharge him even if he hasn't had a hearing nor been found delinquent? Can they discharge him for not showing up at a department meetings? Can I request that they release him from his contract until all of this is over and then maybe he can sign up for the military at a future date? When he is released from Juvenile custody can he then enlist in the Navy or another military branch? What are our options?

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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 about the Service members Civil Relief Act

i have a question about the Service members Civil Relief Act I am do to deploy for Afghanistan in 3 days and will be on active duty orders. I was in a car lease and turn in a copy of this service members relief act with a copy of my orders and dropped the car off and now the company is telling me I can not do that and the that I can not get out of the lease I am in a legal binding contract and that they will consider it a repo and that they will garnish 25% of my wages while away on this deployment. Now I could be wrong but if I am correct this act gets me out of the lease as long as the car is in the shape I bought it and was dropped of with a copy of my orders and this act. Can some one tell me if what they are doing is legal and if they are right?

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

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may a marine recieve a 6105 before getting a page 11. I currently

may a marine recieve a 6105 before getting a page 11. I currently have a marine getting processed for 6105 review board so my real question is are these action in the right i he has recieved no prior counseling for the inquiries he has aainst him?

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P. Simmons

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In DD Form 1561 (Statement to Substantiate Payment of Family

In DD Form 1561 (Statement to Substantiate Payment of Family Separation Allowance) block 8. a., the claimant is to certify that he is “not divorced or legally separated from” his spouse. I have been married for almost 10 years. In August 2011, I moved from Alabama to North Carolina due to my job on active duty. My husband has stayed in Alabama mostly due to his job there. I had been planning on filing for divorce before I was given short notice to deploy overseas for 7 months in 2012. If the U.S. military doesn't recognize legal or informal separation in the first place, I don't see why I wouldn't be eligible for it.

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P. Simmons

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My son graduated from basic training for the Air Force. Two

My son graduated from basic training for the Air Force. Two days later he was told he was being separated due to a medical waiver not being granted. He filled out his application and forgot to put down that he saw a psychiatrist twice for some mild depression two years ago. In a survey in boot camp he answered that he had seen a psychiatrist ... he was told not to worry that after receiving the report from Dr. that the waiver was just a matter of formality. ( he also saw a psychologist for a time but not for any serious issues mostly family stuff) Now they are talking about a fraudulent enlistement..What can he do?

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If you get discharged from the army after you got your bonus,

If you get discharged from the army after you got your bonus, do you have to pay it back? I'm talking discharged general under honerable conditions.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

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Our 18 yr old son graduated basic training (Army)Ft Benning,GA

Our 18 yr old son graduated basic training (Army)Ft Benning,GA on 3 Dec, 2009.His MOS is 68W (Medic) and arrived at FT Sam Houston San Antonio for AIT on 4 DEC.He was taken out of recieving the next day (Sun 5 Dec) and put into a company that had some open slots and began his training Monday morning 6 DEC. Made good grades on his tests, passed his CPR test with a 95% and from phone calls to us, everything seemed to be going really well and he seemed genuinely excited. Then, 18 DEC, he came home for 2 weeks for Christmas Exodus.Which was wonderful, he even did 6 days of HRAP and Sargent said he did a great job. His Dad & I took him to the airport on Sat 2 Jan and watched him board his flight, obviously sad to see him go but, also so very proud of what he was doing and he seemed excited and even talked alot our plans for being there in April for AIT graduation. Never, ever one moment of negativity the whole time he was home, all was fantastic. He called us from the airport in San Antonio when he landed and said "Mom, I can't go back, I just can't go back". We begged, pleaded, cried, every emotion and every persuasion we could think of. And, when we asked him why, he just kept saying he can't go back. I asked him if something horrible had happened there that he wasn't telling us and he again just kept repeating "I can't go back". We are talking about an 18 yr old that did 4 solid years of JROTC in high school, 3.6 GPA, never was in any kind of trouble anywhere, never any drugs or drinking, good head on his shoulders, to this. He was to report back from Exodus on Sat 2 Jan by midnight. We were still pleading with him on the phone, from the airport, at 1AM. He apparantly tried to get a flight back home that night but there weren't any. From what he's told us,he took a cab to a motel and last night, got on a bus and is headed home. A SSGT from FT Sam called us at 8 am this morning and my husband told him that all we know is that he is alive, we do not understand or know why he is doing this and he is on a bus. My husband was told that he has 48 hours to return or he will be charged as a deserter. Sir, we are absolutely beside ourselves and don't know what to do.From all of the research I've done on the internet and just common sense,we understand that the BEST thing he can do is to go back and accept the punishment. But, A.I cannot physically make him go back and he knows if he was even to think about doing that, that a strip to an E-1 (he graduated basic as an E-3 PFC) and torment and whatever else will be more than he can possibly, mentally handle. We, by no means what so ever condone what he has done, my husband proudly served in the Navy during Vietnam and for his son to have a dishonorable discharge, is tearing him up inside.But, we are also his parents and love him very much and just absolutely don't know what to do or what the consequences will be if he does not return of his own free will. He was only at AIT for 13 days total, does this make a difference? Is there still a way for him to get out, this early in his training without the risk of him being put in jail or worse? I have heard of "failure to adapt" is this relevant at this point? I haven't slept in 2 days, and apologize for my rambling. But, please, anything you can tell us, would be so very appreciated. His last text message to me said that he will be home this evening. Talking face to face with him, obviously will be better than the cell phone. But, to know the facts of what he is looking at happening, will surely make our discussion and the decisions that have to be made, more productive than if we're just guessing. I thank you from the bottom of my heart for your help. I had 2 strokes 8 months ago and my doctor actually told me again, at an appointment this morning..."Most importantly, keep your stress level down"...sure thing... Thank you again, KT

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P. Simmons

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