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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 34755
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I received a memorandum of reprimand recently from the 76th

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I received a memorandum of reprimand recently from the 76th Operations Response Command, MG York. I spent 30 years in the army, reserves, active and AGR components.
I entered as a PFC and promoted to O-5 in 2011. I have completed Command General Staff College, Combat Lifesavers Certification, earned 5 (over 300 points) badges, several ARCOMs. AAMs and two MSMs. Additionally numerouis above COM evaluations. I have many Letters of Recommendations and and have done quite well as a single mother of two during the years.
I believe my former spouse, (prior military) learned of some of my accomplishments and became overly zealous, along with the fact that our daughter refuses, to speak with him, following his abandonment of us. These issues possibly percipitated his going to the 76th with word that I did indeed missdate my DOB, as he learned, by 3 years during my tenure with the military.
Additionally my "misconduct may result in adverse actions by the Army Grade Determination Review Board", he goes on o state.
The last paragraph of his memo of reprimand seems to allow for his final decisions to be made on this matter , after I submit any informaition I deem relevant to the issue. I did and admit, that I provide for my DOB to allow me to be three years younger, but I have also retained my military confidence, bearing, mental agility, with the ability to create a positive environment. I did try always to use sound judgement in matters pertaining to the command. I remained physically fit, developed others, communicated well using interpersonal tact and retained domain knowledge.
All this said, do I have even a prayer to limit my money from being recouped and to retain my current rank? If indeed I can provide OERs. Letters of Recommendations, Certificates of Completion and award certificates to prove that regardless of a three year missdate on all military documents, will this be almost adequate enough for the General to consider, in my defense?
Your time and advise is appreciated.
Thanks for the chance to help. I am an attorney with over 12 years military law experience.

Can you tell me, what was the significance of this? How did this impact you or your career (the fact you misstated your DOB)?
Customer: replied 4 years ago.
Sir, The significance of this missdate relating to my career is minimal to none. The missdate, at this juncture is somewhat moot, I feel.However, it has come to the attention of the MG commanding the 76th and and am a danger to the Army and the American taxpayers.apparently he feels as though I lack integrity.
As I previously explained, I have a myriad of documents, certificates, evaluations, awards, etc to prove my work, values, and ethics are above average, with regard to integrity.
Thank you

The real issue then why...before your commander can take action, they must have a reason to do so.

And the action they take (if they take any action beyond the reprimand) will be tied to what they believe the motive for the change was.

So is there anything that would point to you gaining some benefit from this? Did you, for example, get a particular billet based on your DOB? Or get advanced prior to your peers?

What would the general think could be your motivation for this?
Customer: replied 4 years ago.
Sir, The Commander states in his memorandum that I engaged in serious misconduct in that I intentiomnally missdated my DOB.. He goes on to say he is alarmed and troubled because I was allowed to remain in an active reserve status past the mandatory separation date, which was the last date of the month I attained age 60, unless I received permission for an exception. Not wanting to have the current action completed, I obviouisly did not consider trying to increase my MRD. Thus, I believe is their motive. BUT Can I reduce the penalty at all? Your comments are, by the way, most helpful, as I now see their reason, albeit, not right, in view of my many accomplishments regardless of old age!.
That is the issue...the MRD is the key. Can you tell me, when was the change made? How long ago?
Customer: replied 4 years ago.
Sir, please qualify "what change"? I did ask the UA if it would do any good to apply for an MRD, earlier this year. She answered adamantly, that HRC was denying all request.

They are claiming you changed your DOB on long ago was the DOB changed?

Also, did you admit to the change? And if so, did you give a reason for the change?
Customer: replied 4 years ago.
DOB was changed in 1982 when my recruiter, in Shreveport, LA told me to go ahead and make a "small fudge". I was trying to get into flight school and he told me he would procure a waiver to get me into the aviation branch. He sent me to basic training and AIT. When I returned, he told me that he was surprised the Army had not gotten a hold of me during my training to send me to Rucker for training.!!! He gave me the FAST test then, I scored well, but now I had to go to OCS at Benning to earn a commission. After the commission, I would be branched aviation and go to Rucker. Just before I graduated OCS, a MILPERCEN officer contacted me and told me that the needs of the army were greater in the AG Branch and I would not be going into aviation. He did offer me n Honorable Discharge, had I wished for one. I spent 18 weeks of hell and had no where else to go.
No, I never admitted to the change.
Thank you

That helps. Helps me understand the context

One more the time this went down (that they gave the reprimand), did you give a statement at all? Or simply remain silent?
Customer: replied 4 years ago.
Sorry...your response did not post...just want to know did you give any statement at all or just remain silent.
Customer: replied 4 years ago.
I c annot
Still can not tell why I can not see your response...but I believe I can provide an answer regardless.

It is good if you have not made a confession. That makes it more difficult for the government to prosecute you.

And it is good that you not apply for MRD waiver at this would not likely be granted

Frankly, were I you, the largest concern I would have would be that they process you for a BOI. A board of inquiry (BOI) is an administrative separation of an officer. They can toss you out with an "other than honorable" conditions discharge, and can ask the service secretary to reduce you in rank on the way out the door to "the last grade served honorably"...since this happened so many years ago, it could, in theory, lead to a reduction in grade to 01

So the stakes are high here

It is a good idea to continue to invoke your right to remain silent. No use giving them ammunition to prosecute your case with

Before they an separate you (and reduce rank) they have to give you the opportunity to present evidence at the board of your history and accomplishments are relevant and can be used to support your request to be retired at your current grade.

Frankly, if you do not confess to this, unless they can prove you did it on purpose? I think they may have a tough time getting a board to recommend separation

The one thing you can do for yourself is find a good with experience in front of BOI's. You want someone to help you navigate this mess and, hopefully, keep your rank,

Let me know if you have more questions....happy to assist if I can
Customer: replied 4 years ago.
I am more than satisfied with all of the support and guidance Mr. P.Simmons provided me today.

( Toward the end of my session, my MAC started giving me fits. It would not respond to anything I was tryin to input. I finally decided to just "power down" and in so doing was able, upon restart, to finally provure the "rate to finish"site.)

Mr. Simmons was most helpful and intelligent with his responses. His professionalism and tremendous knowledge certainly will help support all individuals who make contact with your site.

Linda Harkness
Thank you ma'am

Best of luck with this fight...
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