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I was supposed to get promoted to SPC about 2 months ago but
I was supposed to get promoted to SPC about 2 months ago but I was flagged due to an APFT failure. A week ago, I took an APFT and passed but my CO is telling my NCOIC that my TIG was paused due to the… read more
Elizabeth
Elizabeth
Law Clerk II
JD
10,372 satisfied customers
Can you point me into the direction of which febderal law
Can you point me into the direction of which febderal law says ordinary military leave is a right? … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
2,336 satisfied customers
REFERRED OER - details above, questions at the end. AR 632-3
REFERRED OER - details above, questions at the end. AR 632-3 Para 3–26. Referred DA Form 67–10 series (OER)I am a deployed Army Major (O-4) who failed four record APFTs. Yes, I am aware that it is my … read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
6,019 satisfied customers
I am working to figure out what protections I may have
I am working to figure out what protections I may have available. Specifically, I am wondering about "Sanctuary". I have 13 years in Active Duty (10 years Navy; 3 years Army). I am Enlisted (E-6; SSG)… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
48,074 satisfied customers
I need help in writing preparing AR 138, UCMJ against my
I am in the military. I need help in writing preparing AR 138, UCMJ against my commanding officer. I have brought up my case to him numerous of times and he brushes it off. This cased me great sufferi… read more
Expert
Expert
Hello,There is a possibility that I may get a referred report OER for
Hello, There is a possibility that I may get a referred report OER for APFT failure. Will this automatically mean that I will be reviewed for "Relief for Cause" action? If not, how do I advise my rate… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
48,074 satisfied customers
My husband has a permanent profile for his ankle, also nose
My husband has a permanent profile for his ankle, also nose bleeds, and migraines from humvee explosion. He was at slc and didn't pass his crunch, but all his other pt test he passed. His dr said he n… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
48,074 satisfied customers
To whom it concerns, I was dismissed from an Army ROTC program
To whom it concerns, I was dismissed from an Army ROTC program in the middle of my MSIII year. I submitted proof that I was hurt and was told it would be a medical dismissal. When I was notified by Ca… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
48,074 satisfied customers
Can you be Flagged on Height and Weight in the middle of a
Can you be Flagged on Height and Weight in the middle of a combat tour and is a PT test legally required in a combat zone?… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
48,074 satisfied customers
I am a member of the US Army Reserves deployed to Afghanistan
I am a member of the US Army Reserves deployed to Afghanistan in support of Operation Enduring Freedom. I have failed 2 record APFTs in theater plus I was already flagged for APFT failure. My NCO want… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
6,019 satisfied customers
I am a soldier who has failed one record PT test this year.
I am a soldier who has failed one record PT test this year. I was given 30 days to take another record and pass in which I did. I have been given 2 Diagnostic APFTs in which I have failed the run each… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
48,074 satisfied customers
My son received a 4 year army rotc scholorship to Texas Tech
My son received a 4 year army rotc scholorship to Texas Tech Univ. starting fall 2011. He got sick end of Oct. He was under a doctors care and was not released to resume pt's until March 19th. He took… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
48,074 satisfied customers
I was flagged for being overweight last May while I was deployed
I was flagged for being overweight last May while I was deployed with my unit to Afghanistan. I worked hard and passed my tape test the following September. I repeatedly fought my immediate chain of c… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
48,074 satisfied customers
Can I get flag while in active duty for not passing an upcoming
Can I get flag while in active duty for not passing an upcoming physical test even though i pass the last one about 3 months ago? I mean active duty in Iraq in theater. i dont want this to affect me f… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
48,074 satisfied customers
Is there a new army policy regarding soldiers returning from
Is there a new army policy regarding soldiers returning from theater and physical fitness standards? Are soldiers still allowed 90 days to pass the APFT after de-mobilization? If soldiers do not have … read more
PhilCave
PhilCave
Attorney
Post-Doctoral Degree
1,069 satisfied customers
If a soldier is flagged for failing a PT test and is in promotable
If a soldier is flagged for failing a PT test and is in promotable status, once the flag is removed does the soldier have to go back to the promotion board before he/she can be promotable again?… read more
PhilCave
PhilCave
Attorney
Post-Doctoral Degree
1,069 satisfied customers
I would like to know if a stated Diagnostic APFT(written on
I would like to know if a stated Diagnostic APFT(written on card as diagnostic) can be changed by a commander to a record APFT? This will potentially result in the soldier being flagged . Also, is the… read more
PhilCave
PhilCave
Attorney
Post-Doctoral Degree
1,069 satisfied customers

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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