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Recent Summary Court Martial questions

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

Doctoral Degree

19,728 satisfied customers
I was separated from the service with an OTH and RE4 code. I

Hello, I was separated from the service with an OTH and RE4 code. I hooked up with a female from my unit and she accused me of rape and assault. Both charges were dismissed by the service without prejudice. I was honest in my statements to investigators and told them it was not a rape or an assault but that something did happen. This was taken as admission of guilt and the only charge I was actually convicted and discharged of was failure to obey a lawful order. Does this seem reversible?

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P. Simmons

Attorney

Doctoral Degree

38,300 satisfied customers
Getting out the army, I'm from New York but I'm in basic

HelloJA: Hi. What do you want help with?Customer: Getting out the armyJA: Because laws vary from state to state, could you tell me what state is this in?Customer: I'm from New York but I'm in basic training in South CarolinaJA: Have you talked to a lawyer yet?Customer: No not yetJA: Anything else you think the lawyer should know?Customer: I graduated basic training and I'm a hold over because they said I I'm under investigation with the CID

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,812 satisfied customers
My command opened an investigation on me and fratenization,

My command opened an investigation on me for adultery and fratenization, the investigation only took a week came up with little evidence, it's been 3 weeks since the investigation ended and I haven't heard anything. My commander is retiring next week and I still don't know what's going to happen. I know the CO can elect not to do anything but is someone suppose to inform me if the case has been dropped? Will the CO pass the case on to my next CO? How long can I be kept in the dark?

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,812 satisfied customers
My husband was sentenced to 30 days in civilian confinement

My husband was sentenced to 30 days in civilian confinement after a summary court martial. He was reduced from E4 to E1 and 2/3 pay. We just received notice that our BAH has been stopped. However this was not explained to us and we can not get clarification on this from Finance or our lawyer. No one knows if this is appropriate. Can you explain? It is the Army.JA: The Military Lawyer will need to help you with this. Have you consulted a lawyer yet?Customer: Yes. I have a JAG attorney who will not call or email me back.JA: What advice did they give you?Customer: Again, they will not return my calls or emails - so no adviceJA: OK. The Military Lawyer will need to help you with this. Is there anything else the Military Lawyer should be aware of?Customer: No, the case was completed. I am waiting to process out.JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Military Lawyer about your situation and then connect you two.

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P. Simmons

Attorney

Doctoral Degree

38,300 satisfied customers
I was pulled over dui 4 years ago and told my command. Now

Hi I was pulled over for a dui 4 years ago and told my command. Now currently I am going thru a divorce and she brought it up to hurt me. My old command knew about it, but nothing was done. Now new command, years later, previous enlistment and rank, they want to do something about it. A 6105. What can I do?

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686 satisfied customers
I had a Summary court-martial in the Navy about 8 years ago.

I had a Summary court-martial in the Navy about 8 years ago. Was found guilty and given a Administrative Discharge (other than honorable ). Everything I was told before getting discharged and information ive found recently says you cant get a misdemeanor or felony from a summary court-martial. Ive bought guns from licensed sellers and passed background checks and currently have a job that requires a felony free record. Im in a pickle now because I applied for a conceld carry permit and the Sheriff denied it saying I was a felon and he was going to pass it along to the prosecution for futher charges. It was a rather rude letter. What do I need to do? Maybe get a lawyer to put this in writing and show him? Ive dropped off a file with my dischage info and print outs from military lawyer websites stating its not a felony. He hasnt been in the office every time ive tried talking to him. Any help would be great.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,812 satisfied customers
In 1968 I was given a bad conduct discharge from the navy.

In 1968 I was given a bad conduct discharge from the navy. Plus 6 months confinment, reduced to 3 months. This was for awol more than 30 days. In 1976 after fulling Pres. Ford clemency program, I recieged a full unconditional pardon and clemency discharge. My question, can I own a firearm in the state of tennessee?

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P. Simmons

Attorney

Doctoral Degree

38,300 satisfied customers
I have to be finger printed by my employer and I have a

I have to be finger printed by my employer and I have a summary court martial conviction for article 121. I know that SC is not a conviction but an administrative punishment and I am not sure how to prove this.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,812 satisfied customers
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