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Recent Separation questions

I'm going to be receiving a counseling for not having an

I'm going to be receiving a counseling for not having an adequate Family Care Plan today. I don't have reliable family members to take care of my son if I were to deploy, go away for training or if my wife and I die. I'm hearing a couple of things from different people:JA: Are you overseas or stateside?Customer: 1.) i hear that it's a honorable discharge and I would get a RE cod 2 and that I would qualify for a severance package. 2.) I also heard that I could receive an Other-Than -Honorable discharge and be intitled to nothing. I am StatesideJA: Have you talked to anyone in the chain of command about this?Customer: Yes. My 1SG is pushing the issue but my immediate supervisor and CO are on my side.JA: Anything else you want the lawyer to know before I connect you?Customer: I talked to DTS and they said that I would get an honorable RE-2 with severance

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

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Honorably discharged from USN due to Pre-existing condition.

Honorably discharged from USN due to Pre-existing condition. Was allowed into AD with a statement that I am not physically qualified for Naval Pilot, but am qualified for duty (Surface Warfare). Upon discharge, received no compensation (just base access for 2 years) but 50% from VA. My question is can I appeal this ruling and seek compensation/correction to my dd-214 for this situation.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,448 satisfied customers
I have a situation currently going on and was wondering if

Hello, I have a situation currently going on and was wondering if you could help with an answer. I was in the army national guard and was activated for a tour to Iraq/Kuwait. Long story short, I had a summary court martial and a part of the condition was to receive an OTH. Upon returning to demob for processing with a captain O3, and sergeant first class E7, I was waiting for my discharge. The brigidar general never signed my separation packet, and I received an honorable discharge. Upon return to my home unit, they learned of what happened and discharged me from the national guard with an other than honorable discharge. This happened in 2007. I decided in 2012 to go to the VA and see if I were eligible for education benefits. I was told that the OTH does not matter, and the only thing they can consider is the active duty time, which was just over 12 months. I have been using the post 9/11 Gi bill and was told by my therapist I should file a disability claim with the VA for my service related conditions. Ptsd, torn meniscus that occurred during my tour, etc... I recently received a letter from the va claims rating officer saying that the military has said that my service was not "honorable" and that I need to provide evidence to get a characterization of service. I am confused as to how I am eligible for the post 9/11 GI bill but not service connected disability. Any help would be greatly appreciated.

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Marsha411JD

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If someone in the military who is 18 has sex with someone

If someone in the military who is 18 has sex with someone over the age of 16 but under 18 is their any legal reprecussions?JA: Are you overseas or stateside?Customer: Its not me but a concern I have of another military memberJA: Have you talked to anyone in the chain of command about this?Customer: No I do not want to involve them as the person is not involved in my chain of command just involving a family member who is 18 now but just recently turned 18JA: Anything else you want the lawyer to know before I connect you?Customer: He is a reservist in the state of Missouri I belive the age of consent is 17 for the state law and do not wish to disclose this with any one in my chain of command or his at this time

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P. Simmons

Attorney

Doctoral Degree

37,764 satisfied customers
If I have a job offer from a police department after passing

If I have a job offer from a police department after passing background phase and all other requirements, could I get an earlier separation to start the police academy? For example I've already served 4 1/2 years, and have less than 6 months left on contract. Would I be able to get an earlier separation to attend police academy in June Or July even though my actual separation is September (not including 40 leave days saved up)JA: Are you overseas or stateside?Customer: StatesideJA: Have you talked to anyone in the chain of command about this?Customer: Not completely as I just recently completed background phase.JA: Anything else you want the lawyer to know before I connect you?Customer: I don't have the job offer yet (I have conditional job offer from Sheriff) I'm asking for future reference.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,448 satisfied customers
I have a reentry code 4 for separation code jkk (thc.) I'm

I have a reentry code 4 for separation code jkk (thc.) I'm not seeing that recode in relation to drug abuse. However, it is related to homosexual misconduct, which is not the reason for my separation (nor relevant to myself as a person.) Just wondering how I can get the answer to what my recode details.JA: Are you overseas or stateside?Customer: State side veteran, I'm in colordao.JA: Have you talked to anyone in the chain of command about this?Customer: I've been out for almost 4 years, I had to learn the ropes before I could notice mistakes.JA: Anything else you want the lawyer to know before I connect you?Customer: Yes, I qualified for my 30/30 g.I. bill (I have written confirmation from my base education department) and I'm only receiving 80%. My va liason is a joke, the majority are.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,448 satisfied customers
I am potentially being sent to a show cause board, but have

I am potentially being sent to a show cause board, but have 8 years of ADSO left. Does that matter if I am chosen for separation?JA: Are you overseas or stateside?Customer: statesideJA: Have you talked to anyone in the chain of command about this?Customer: just my direct supervisorJA: Anything else you want the lawyer to know before I connect you?Customer: I received a GOMAR for fraternization 1 year ago, and this show cause board came up because I was supposed to PCS this summer

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P. Simmons

Attorney

Doctoral Degree

37,764 satisfied customers
Question about VA disability and divorce. I'm familiar with

Hi, question about VA disability and divorce. I'm familiar with the USFSPA and I realize his VA disability cannot be divided as an asset when settling community property. I believe that the USFSPA generally refers to awarding a portion of future benefits to the spouse. However my contention in this divorce is that I'm entitled to a portion of his retroactive payment. We were married for almost 20 years. He served 8 years in the military. He was awarded back pay for 4 years totaling approximately $100k, $75k after attorney fees. The retroactive payment covered a time when we were married however the decision and payment occurred while we were separated but divorce was not final. So, although I'm not asking for a portion of his future disability payments or any alimony, it seems reasonable and just that I would be entitled to half the retroactive payment just as I'm responsible for half the debt in the marriage-particularly those 4 years when he had no income but was later paid by the VA. Do you know of any court rulings regarding this particular issue-receiving portion of retroactive VA disability payment for a time when we were married?

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P. Simmons

Attorney

Doctoral Degree

37,764 satisfied customers
My son was charged with assault. He has gone before the DRB

My son was charged with assault. He has gone before the DRB and the case is being sent to the xo. I am just trying to find out what his rights are, and what, if anything can be done.JA: Because laws vary from place to place, can you tell me what state this is in?Customer: All of this happened while at sea on board the USS BushJA: Have you talked to anyone in the chain of command about this?Customer: Only my son himself.JA: Anything else you want the lawyer to know before I connect you?Customer: He admits to the simple assault. I dont know what else might be pertinent.

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Marsha411JD

Doctoral Degree

19,612 satisfied customers
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