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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 34760
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I'm in the Illinois National Guard. I have just earned 18

Customer Question

I'm in the Illinois National Guard. I have just earned 18 years of service. I split out of drill August 2014. It was the 4th time I had ever split out of a drill. While I was off duty my commander ordered me not to attend a community event that takes place in my home town. The order essentially exiles me from my hometown, and away from the private property of my family and away from my possessions.
It also orders me away from the daycare provider of my son. My commander did this while my extremely premature daughter was in the middle of a 278 day stay at the University of Iowa children's hospital, 70 miles away from home. My wife was staying with my daughter making me the acting sole care provider for my 3 year old son.
My commander called on a former 1sg and former friend to spy on me while off duty, not getting paid.
The next day (Sunday IDT)I am informed he is putting me in for a reduction in rank. Which went through. I'm now an E5
After much research I discover that his order is in violation on multiple regulations and is against Articles 90 and 92 of the UCMJ.
Submitted: 1 year ago.
Category: Military Law
Expert:  P. Simmons replied 1 year ago.
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. I am here to help
Also, if you would like to chat on the phone, let me know and I can make that happen.
Expert:  P. Simmons replied 1 year ago.
I am sorry for this dilemma...but do not understand your specific question. Do you have a question regarding this?
Customer: replied 1 year ago.
My question is what means of redress do I have?
My command is guilty of bribery, providing false statements, breaking numerous military laws, and violating army and ILARNG regulations.
I know of article 138 and that is my next step before I actually hire a lawyer.
I'm going to compose an article 138 complaint and since it is too late for my C/O to do anything to redress his wrong, I'm going to ask him to resign his commission. And since Illinois does not have a court martial system, I will send this complaint to any and all media outlets, both local and national. My subject will read "scandal in the Illinois national guard"I do have 18 years of service, meaning any attempt to involuntary separate me would have to go thru the secretary of the army.I have already composed 3 memorandums with over 50 supporting documents.My command has wrongfully appropriated my entire hometown and my possessions. Then punished me using one of the most severe forms of punishment, reduction in rank.
The brass in Springfield have turned a deaf ear to my requests. Therefore I must send it up to the free press in the form of a 138 complaint.
With all that being said. What repercussions would I be looking at if the situation turns against me?
Also, I have my entire situation in writing. Would you be willing to receive it to see if I'm interpreting military laws correctly? It is roughy 50 pages with about 50 enclosures.Thanks
Expert:  P. Simmons replied 1 year ago.
I would be willing to review your submission. I am on travel now...headed back from Spain tomorrow AM (it is night for me). I will be traveling / recovering till Friday AM. But I could look at this over the weekend. Let's do this...when I get in Thursday I will send you an offer for additional services...if you accept we can chat on the phone and I can help you with these documents. This is actually something that I am good at (I have a good deal of experience in assembling packages like you are describing)
Expert:  P. Simmons replied 1 year ago.
Please let me know your thoughts (if this is of interest to you)...if so I will send you an offer