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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

18,092 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

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I am supposed to enlist tomorrow but I am wondering how

I am supposed to enlist tomorrow but I am wondering how binding that is prior to OCSJA: Are you overseas or stateside?Customer: StatesideJA: Have you talked to anyone in the chain of command about this?Customer: YesJA: Anything else you want the lawyer to know before I connect you?Customer: I have been selected for UPT for the air national guard. I am not yet sure I want to do it and am supposed to enlist tomorrow, It will be at least 10 months before I go to OCS

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Marsha411JD

Doctoral Degree

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I'm in West for my AIT so I'm not a permanent resident can I

Hello I'm in West Virginia for my AIT so I'm not a permanent resident can I still change my name hereJA: Has anything been filed or reported?Customer: Not yetJA: Anything else you want the lawyer to know before I connect you?Customer: No

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,092 satisfied customers
I received a military discharge of "Commission of a Serious

Hello, I received a military discharge of "Commission of a Serious Offence" General under honorable conditions, but I want to upgrade to honorable. How would I go about doing so?JA: Are you overseas or stateside?Customer: Stateside, I received this in 2011.JA: Have you talked to anyone in the chain of command about this?Customer: I haven't been in contact with anyone in the chain since then.JA: Anything else you want the lawyer to know before I connect you?Customer: Is there anything else specific?

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Marsha411JD

Doctoral Degree

18,954 satisfied customers
First of all, I want to express my gratitude for your advice

First of all, I want to express my gratitude for your advice last year. Because of your guidance about my fiance's court martial (where he received 6 years confinement), 2 months later, he was granted an Article 39 (A), 3 charges were dropped due to statute of limitation, and within 3 more months he was home! There was later a resentencing hearing, where he was sentenced for the remaining charges, but after a mess of errors by the prosecution, he was granted almost 250 days of confinement credit. He was given 2 years at the resentencing, he's done the 6 months and was released from the brig last week. My question is who can we appeal to in order to get him back to the east coast? He was ordered to a transient personnel unit near the brig. He did not receive a punitive discharge, so he is still in the Navy and the appellate process hasn't really begun yet. The CO told him that they are not releasing him to return home to Maryland. The TPU command took him to Navy Relief to get money to live in a hotel and $25 per day to eat and he is paying a taxi to take him to muster each morning. He has a letter indicating that he can't eat at the galley. This is CRAZY! It feels like additional punishment. Our commitment to remain deeply involved in every step of his case, has served him well. We don't intend to stop now. Please advise on military instruction regarding rights of those in a situation like this.Many thanks,JC

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P. Simmons

Attorney

Doctoral Degree

35,684 satisfied customers
I was just wondering if my "in lieu of court martial" would

I was just wondering if my "in lieu of court martial" would be considered as a felony but I don't remember what chapter of a discharge it was other than an OTHJA: Are you overseas or stateside?Customer: StatesideJA: Have you talked to anyone in the chain of command about this?Customer: No. it never came across my mind to ask or research until recently. It happened 2012-2013JA: Anything else you want the lawyer to know before I connect you?Customer: It was a larceny but not sure if it would've been considered petty or not.....

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,092 satisfied customers
I was medically retired from the Marines with a mental

I was medically retired from the Marines with a mental disorder, can I still purchase a hand gun? I was never hospitalised or deemed a risk to myself or others.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,092 satisfied customers
Transfer from California NG to IRR due to school and financial problem

I have a question about transferring from California National Guard to IRR because of financial and school problem if that's possibleI talked to my training NCO about doing SUTA on my current school schedule but he said there's possibility they can't give me the days next year and my NG schedule is complicating with my school schedule. I already did 3 1/2 years active duty.

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P. Simmons

Attorney

Doctoral Degree

35,684 satisfied customers
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