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Son in law had military record record expunged apps 2002…

Customer Question
Son in law had...

Son in law had military record record expunged apps 2002 during 2nd tour in Iraq with injury sustained, death to fellow troops, marital discord due to additional tours. Now at 34 just do w ALS and we hear that gulf war vets have increased numbers. Trying to see if son eligible for ant benefits for him, his kids...no insurance, no job.....

Lawyer's Assistant: Have you talked to anyone in the chain of command about this?

Son and his dad went to local va office today and they basically told him he never was in the army as it shows on paper.....he was there, flown to Germany for care after combat injury....

Lawyer's Assistant: Are you overseas or stateside?

Son lives in Florida near Gainesville and Ocala

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No just reaching out for any ideas....thank you

Submitted: 3 months ago.Category: Legal
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Answered in 5 minutes by:
3/27/2018
Lawyer: P. Simmons, Attorney replied 3 months ago
P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 37,455
Experience: 16 yrs. of trial experience
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Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

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Lawyer: P. Simmons, Attorney replied 3 months ago

I am sorry for this dilemma. But I do not understand your specific question. Do you have a question regarding this matter?

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Customer reply replied 3 months ago
Son did 2 tours in army in Iraq. 34 yrs old just diagnosed with ALS. He had told us in past that he was discharged from army "less than honorable" but we now find out his record of being in the military at all was expunged. The VA local office told him this today. Physicians and the ALS foundation Ed have told us we need to exaust every avenue to get benefits....SSI, VA pension, helathcare etc.
son went to VA to have his discharge reconsidered for a discharge upgrade when we found this out. Any chance of overturning or reversing a military record expungement?
Lawyer: P. Simmons, Attorney replied 3 months ago

I am unsure what you mean by "expunged". There is NO federal law that allows expungement...so someone is either using the wrong term...or confused...

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Lawyer: P. Simmons, Attorney replied 3 months ago

Ok...I have to step away for approx 2 hours...if you can respond to my question I may be able to answer yours...

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Customer reply replied 3 months ago
I will have to clarify tonight but I was told expungement. Thanks for your time today
Lawyer: P. Simmons, Attorney replied 3 months ago

Certainly

Let me know what is going on and I may be able to help.

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Customer reply replied 3 months ago
I verified and the exact word was expunged. I have since found out a congressman got involved and we are still continuing the search. I am waiting now at the VA to have them search again for his record of injury, enlistment etc. but have been informed that is in fact possible that he is one of many soldiers whose gulf war records are non existent. Thank you for your time but we need an attorney in are area that handles military law. Thanks for trying to help......
Lawyer: P. Simmons, Attorney replied 3 months ago

I am a retired Marine Corps attorney and my practice today is exclusively military law.
There is NO federal expungement. It does not exist. There is a process that can be used to "correct" a record. But not to expunge (again, that does not exist under federal law).

Can you speak on the phone? This would allow me to address your concerns directly. There is a nominal ($5) additional charge. I do not time my phone calls...we can converse until you receive the information you need.

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