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I was discharged from the military to adapt and conduct.

i was discharged from the military for failure to adapt and conduct. when in reality i should have been discharged for medical. i was issued the wrong size boot in reception. and did not realize it tell i had started BCT. once i noticed and i informed my drill sergeant and he told me to keep going. so i did. after i failed the run in my first APFT, i went to sick call and found out the i have a severe infection in both of my feet. it was worse in my right then my left. they took some scans and told me that i had fractures in both of my feet and hairline fractures in both of my knees. when i came back and mentioned this to my drill sergeant. he told that it didn't matter because i was already being discharged for failure to adapt(because i failed my run in the first APFT). continuing on in BCT, my drill sargeant said i had to continue to wear my boots even with a soft shoe profile, and that i couldnt be issued correct size boot because i was being discharged. when i came home and talked my recruiter, i was told that i got screwed over in my discharged an should have gotten medical. i still have scars on my feet from my where my boots cut holes in my feet. since then ive mention my discharge in conversation to varies people and ive been told multiple times that i should look into suing the military for improper medical treatment resulting in an improper discharge.main point is do i have a standing or is it not worth trying?

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,466 satisfied customers
I was in a military university and was falsely accused of drug

I was in a military university and was falsely accused of drug diversion. Drug test neg; here's part of my complaint: 1) I am a naval officer - security guards take all the items from my locker in plain view of my peers and subordinates. Not to mention, they also confiscate my prescribed medication, clearly labeled in its container. I told them "that's my prescribed medication - they said "we don't care," That my friend is theft', also it was a class II idler for medication which requires strict accountability. I have a letter from the Pharmacist stating that he was unaware how many pills security submitted to him.I was cleared and returned to workI was unable to obtain an appt with medical' so I asked if I could email my provider for. Refill. They said ok what I didn't know was that he was out on paternity leave, so he never responded.I went to discuss this with my instructor and he was very surprised. He even asked if Jen knew (she was my lead instructor. I said yes, she knows and right then she entered the office. Cdr couture said to Jen, hey did you know mike hasn't been on his meds? She said "yeah, it's a bunch of crap and an excuse,"After this, my instructor called me into her office and belittled me by stating that she didn't know why I was fighting my dismissal because nobody else wanted me there.I had an academic board a week later and the board was misled and it was obviously biased and set on having me removed from my program.I then went to Navy legal amd when cdr mcpherson found out, she called me into her office and threatened me (which I have on tape). I continued through the appeal process, but each subsequent person just agreed with the prior recommendation and I was ultimately dismissed. Prior to my dismissal, I was threatened again by cdr mcpherson and contacted my program director and told him everything.I'm beyond frustrated - I submitted my DoD IG complaint in aug 2012, and it still remains open. I really feel that it is being stalled by someone somewhere because this should not be taking so long. Can I make a civil suit against the people responsibility for getting me out. I have mcpherson on tape and I have 2 patient assessment sheets proving that those two people falsified their documentation (they were all friends)

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P. Simmons

Attorney

Doctoral Degree

37,778 satisfied customers
My son is in AIT right now....and is very depressed...almost

hello my son is in AIT right now....and is very depressed...almost suicidal....he has asked to be sectioned out of the army but has basically been told no one gets out......this, after he shared with them that he was advised by the recruiters not to say anything about his knee surgery a few months prior....JA: Are you overseas or stateside?Customer: also note he has had major challenges academically with the AIT training....failing his exams on multiple occasions. because of that, he has been stripped of any weekend priviledges he is in MissouriJA: Have you talked to anyone in the chain of command about this?Customer: he has....they are the ones stonewalling himJA: Anything else you want the lawyer to know before I connect you?Customer: he saw a lawyer on base today, but they seemed to be representing the Army and not soldiers not helpful I'm really worried my son will do something to himself We just want to get him home

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P. Simmons

Attorney

Doctoral Degree

37,778 satisfied customers
If someone is reduced in rate and is approved for fleet

if someone is reduced in rate and is approved for fleet reserve. goes from E9 to e whatever lower. does the high 36 still apply, ie does he get 33 months of e9 pay and 3 mos of lets say e8 or lower pay in his final pay computaion. He is worried that it will all be computed at the lower rateJA: Have you talked to anyone in the chain of command about this?Customer: lol pearl u must be a computerJA: Anything else you want the lawyer to know before I connect you?Customer: i am a retired Navy Counselor Chief E7 trying to help a friend

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P. Simmons

Attorney

Doctoral Degree

37,778 satisfied customers
I used to think that every general started off as a private.

I used to think that every general started off as a private. However, recently, I have read some information that has me wondering if I was wrong. Am I right on how I understand it today which is as follows: When one starts off as a private, he starts as an "enlisted man" which the highest rank for an "enlisted man" is sergeant. However, all ranks from lieutenant to general are "officers" who all started as a lieutenant. All "enlisted men" start as a private in basic training by simply joining one of the military branches. However, all "officers" became an officer either by receiving a college degree which included studying military or naval science or by completing a degree from West Point, The Air Force Academy, or Naval Academy, or they were already a doctor, lawyer, minister, or such and entered with the experience of their profession, or by earning a college degree and going through a 12 week commission program. Do I have it correct now? If so, then a general or any other officer was never a private, is that correct? Thank you.

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Ely

Counselor at Law

Juris Doctor

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I just separated with a discharge general (under honorable

I just separated with a discharge general (under honorable conditions) with a narrative reason as misconduct (drug abuse). I was asking if one: am I eligible for unemployment compensation and two: how long before i can appeal this?JA: Are you overseas or stateside?Customer: statesideJA: Have you talked to anyone in the chain of command about this?Customer: I am already separated as of Friday. They did not have the answers.JA: Anything else you want the lawyer to know before I connect you?Customer: Nope

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P. Simmons

Attorney

Doctoral Degree

37,778 satisfied customers
I got a DUI Friday night I am a SSG with an unblemished

I got a DUI Friday night I am a SSG with an unblemished record. Been in almost Ten years I blew a .097JA: Are you overseas or stateside?Customer: Alaska JBERJA: Have you talked to anyone in the chain of command about this?Customer: Not really they flagged me early Saturday morning with paperworkJA: Anything else you want the lawyer to know before I connect you?Customer: Just trying to figure out what to do.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,466 satisfied customers
Philip, My husband and his CSM are both involved in a 15-6

Philip,My husband and his CSM are both involved in a 15-6 investigation. They were assigned the same attorney by Trial Defense Services.My husband will likely get a civilian attorney as well. He was wondering if it would be a good idea if the civilian attorney represented both he and his CSM?Do either of these situations reflect a conflict of interest?

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P. Simmons

Attorney

Doctoral Degree

37,778 satisfied customers
Due to clerical errors on a reenlistment bonus I was due

Due to clerical errors on a reenlistment bonus I was due almost 3 years ago I had to appeal it to army review board and it's now been over a year waiting on that decision which had currently held up a second reenlistment bonus. I am about to sign another contact for another bonus which will be held until they decide on the first reenlistment bonus. Three years of waiting and I'm still waiting. Can i sue for interest and aggravation. I did nothing to void any of my contracts. JA: Because laws vary from place to place, can you tell me what state this is in? Customer: Ny JA: Have you talked to anyone in the chain of command about this? Customer: It's out of their hands JA: Anything else you want the lawyer to know before I connect you? Customer: Seeing as it's at the Pentagon waiting for a decision

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P. Simmons

Attorney

Doctoral Degree

37,778 satisfied customers
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