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How to remove a bad OER? Does your company represent people…

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How to remove a bad OER? Does your company represent people in that situation?

Lawyer's Assistant: Thanks. Can you give me any more details about your issue?

Can you give any information on proprietorial misconduct by SJA and how it would play out on a case they tainted? we talked before a long time ago. Since then it came out that the SJA LTC that opined on my case slandered me worked around the chain of command and even disobeyed the CG to screw me over.

Submitted: 2 years ago.Category: Military Law
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Answered in 7 hours by:
3/1/2016
Military Lawyer: P. Simmons, Military Lawyer replied 2 years ago
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 15,159
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

I have experience in this area...but I do not understand your specific question. Would it help to talk on the phone?

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Customer reply replied 2 years ago
can I change this to a different question or charge me it is ok. I have another more pressing question I need answered right away.I recently did a request to transfer reserve units. There is a huge back story including me being flagged. The flag has finally been removed by order of the CG. I submitted a DA form 4651 request to transfer to a unit in California close to my current home of record. The gaining unit has already accepted me and signed the DA Form 4651. My losing unit is sitting on it. Can the command in Hawaii deny this request? This request is based on my home of record being more than 50 miles away from the Hawaii based reserve unit.I have already reached out to IG which is helping the best they can, the IG was already able to get my flag lifted.
Military Lawyer: P. Simmons, Military Lawyer replied 2 years ago

Thanks

The commander can refuse to grant it.

The commander has what is called "discretion"...they have the ability to grant or deny the request.

Now...he can not treat you unfairly. Can not discriminate against you based on a protected status (like race, gender, religion, etc)...but he can deny the request if the mission of the unit dictates he do so.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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Customer reply replied 2 years ago
What can I do to get my TPU to TPU transfer request based on my home being more than 50 miles away from the unit approved?
Military Lawyer: P. Simmons, Military Lawyer replied 2 years ago

I do not believe there is a regulation that requires this (transfer based on 50 miles) but let me opt out as perhaps another expert may know

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Customer reply replied 2 years ago
It is covered in a regulation AR 140-10.
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P. Simmons
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 15,159
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Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.

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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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