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Med board for injury, Overseas, Just my squad leader and Plt

Med board for injuryJA: Are you overseas or stateside?Customer: OverseasJA: Have you talked to anyone in the chain of command about this?Customer: Just my squad leader and Plt SgtJA: Anything else you want the lawyer to know before I connect you?Customer: I just have a few questions regarding the subject matter

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P. Simmons

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I'm a SGT/E-5 in the Army and I've been in for 12 years,

I'm a SGT/E-5 in the Army and I've been in for 12 years, last 6 in the National Guard. I've been a good Soldier but made a mistake in February and submitted a fake doctors note when I was sick for drill. They didn't make everyone else submit a note when they are sick but I freaked out when they asked for one 4 days later. I told my chain of command right away and admitted to this and just a few days ago, i got a memo from the commander saying I should be reduced in rank one grade for inefficiency. I have no pattern of misconduct and am a squad leader. I also do extra admin duties in the unit. From my understanding, for inefficiency there has to be a pattern of misconduct. Are they out of bounds here? From reading AR 600-8-19 they are. The reduction board is supposed to take place November 6th. Also can the batallion force the company commander to initiate reduction actions? Thank you.

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Allen M., Esq.

JAG officer and former adjunct prof.

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Is military retired pay an accrued benefit? If so, then is

Is military retired pay an accrued benefit? If so, then is the denominator in an coverture fraction the years the benefit was accrued or the total years in the military regardless of change from reservist to active duty or break in service?JA: Are you overseas or stateside?Customer: StatewideJA: Have you talked to anyone in the chain of command about this?Customer: No just a military retirement specialist on base who said the accrued time but civilian QDRO professional is using total years of service.JA: Anything else you want the lawyer to know before I connect you?Customer: Yes, when dividing disposable income. Is the calculation before or after service members federal income taxes? How much to speak with professional?

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P. Simmons

Attorney

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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

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35,698 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

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I'm seeking information on how a command has to charge a

hi, i'm seeking information on how long a command has to charge a soldier with an article 86JA: Are you overseas or stateside?Customer: stateside and I was late for my staff duty due to being sickJA: Have you talked to anyone in the chain of command about this?Customer: yes but it is my training center chief pushing it through our hhccommandJA: Anything else you want the lawyer to know before I connect you?Customer: yes, this incidence occurred on 14 august 2016 and I was read my article 15 today and it is dated for today

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,094 satisfied customers
I am an enlisted Army IRR soilder who completed an initial

Hello, I am an enlisted Army IRR soilder who completed an initial contract of three years of active duty (2010-2013). i know all contracts are eight years and my contract will officially be over in April 2018. I have been getting calls from the Army reserves for months to consider my options. When I got a phone call a couple of months ago an NCO told me that we needed to do a counseling. I did the counseling and we discussed finishing my contract in the reserves. I told him I would think about it (but didn't sign anything but my counseling form). A few weeks ago I got another call and I told him I wanted to join the reserve. He said o.k. He said I would have 2 months to get to my unit and he asked me to send him a picture of my ID (Driver's license). After about three weeks I realize I probably made a mistake. Is there any way to get out of this? I got a welcome letter from my unit along with a pay stub (reflecting a zero earned balance). I was just coming back from vacation and I missed my first drill and got a message from an NCO explaining I already missed my first drill. I didn't sign a contract and I didn't receive orders. Is there a way out? Am I even technically in the reserve, or just the IRR?JA: Have you talked to anyone in the chain of command about this?Customer: I just got back from work and found the message from the NCO. I plan on calling him tomorrrow.JA: Anything else you want the lawyer to know before I connect you?Customer: No, I think I'm ok.

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P. Simmons

Attorney

Doctoral Degree

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I was recently enrolled into ASAP. I was diagnosed with

Hello there.I was recently enrolled into ASAP. I was diagnosed with depression, anxiety and alcohol addiction. I personally sought the help. After about a month of soberness, my depression became to much to handle and I began using again to cope with it. I was hospitalized with suicidal ideation and spent a month in an inpatient care unit that deals with alcohol addiction and mood disorders.im receiving a chapter 9 which I am not trying to fight. I've been a stellar soldier for 5 years and just recently starting having some mental issues I couldn't deal with. I am still currently voluntarily in treatment. My question is about UCMJ. They are putting me in for a field grade article 15 due to my relapse. Once again, having been diagnosed with 3 seperate mental illnesses, am I subject to UCMJ even with the chapter? I understand there was a no alcohol consumption order, which was broken, but it was due to mental instability and I'm already being punished with the chapter.

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P. Simmons

Attorney

Doctoral Degree

35,698 satisfied customers
Seeing about having my discharge upgraded and benefits

Seeing about having my discharge upgraded and benefits reinstated.JA: Are you overseas or stateside?Customer: Stateside, been discharged for almost 15 years.JA: Have you talked to anyone in the chain of command about this?Customer: Not in anymore.JA: Anything else you want the lawyer to know before I connect you?Customer: Don't think so, thanks for the help.

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Marsha411JD

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