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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 34512
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I joined the USMC back in 2003 right out of gh school.

Customer Question

I joined the USMC back in 2003 right out of high school. Everything went fine, no issues enlisting. 9 weeks into boot camp at MCRD I rolled my ankle during a hump to the crucible staging area. I delt with the pain and made it to the staging area hurting and noticeably limping. DI's did not care and i did not report the issue but it was clear. During the setup of the staging area we had to put up tents for ourselves, 2 recruits per tent. Inside the tent is 2 rings that need to be inserted to keep the tent up, I have my rifle to my tent mate and climbed inside. While inside a DI crawled into the tent holding a M16A2 service rifle. He asked "Is this your rifle?" I take the weapon and examine the serial number it was my rifle I say "yes sir." He then said "which ankle did you f*** up, is it this one (pointing towards my injured ankle)" I say "yes sir." He then proceeded to use the butt stock of the rifle to strike my leg multiple times. He then left the tent. The next morning the swelling and damage was severe enough to prevent me from putting on my boot. I was put into the back of a truck and driven to medical. At medical they said my ankle was not broken but the damage would take time to heal and I would need to be sent to BMP (Do not know official name, everybody called it broken Marine platoon) I went sent to 2nd battalion routing, I assume for paperwork. I spent 2 weeks in the 2nd battalion routing building, during my time there my ankle healed up very well and I was able to PT on my own. The C.O. a colonel I believe of the building called me into his office and asked me "Do you still want to be a Marine" I said "yes sir" he then asked me "So why are you here?" I said "I injured my ankle and was told I will be sent to BMP." he then said "Well that is not the story your drill instructor told us, and its unbecoming of a Marine to lie." I then said "I do not believe ending a persons career for losing their temper and making a mistake will benefit the USMC sir." He then told me to leave. 2 Days later I was in RSP (regimental separation platoon) being told I was being discharged. I asked for the reason and I was told its cause I lied. I asked "Will coming forward now stop this?" (I wanted nothing more than to be a Marine since I was 9 so I did not want to leave, and was willing to come forward to stay in.) I was told "No, its to late for that, but don't worry you will be able to reenlist in 6 months. I have a sticky not from a colonel that says make sure you can come back though." I grudgingly had to accept since there was no alternative. 6 Months later I went back to my old recruiter and said "my time is up what do I need to do now." I was punched in the face and spit on by 3 people as I was forcibly removed from the recruiting station. I am now trying to reenlist with the USAF and being told my separation code of JDA1 means I lied to enlist claiming it was fraudulent entry into military service so therefor I am no longer allowed to into any military branch. I did not lie to enlist. What do I do now?
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.

I am sorry for this dilemma. But not sure I understand the question...are you asking the process to request a correction to your military records?

Customer: replied 1 year ago.
My question is, what steps do I need to take to change my separation code to allow me to reenlist into military service? From the circumstances of the discharge, I believe it was unfair to disqualify me from all future military service.
Expert:  P. Simmons replied 1 year ago.

Thank you
The process is straightforward. You file this form
With the board of corrections. IF you can show that they made a mistake on your records? That can be a basis to change the code.

But you have an uphill battle here.

Primarily you waited too long. There is a 3 year window to make these are well past that. And part of the reason they require you to file the request in a timely manner is to allow an investigation into the your case, over 10 years have will be tough, I expect for any investigation to occur. So they may very will deny your application.

The other problem is that the board of corrections assigns a "presumption or regularity" to the records. They presume the records are accurate. You need to prove otherwise, ideally with evidence other than your claim.

But if the goal is to make the change? You file this form along with evidence to support your claim.

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.

Customer: replied 1 year ago.
This is all information than can be found with a simple google search. My issue is, none of the records are of my accounts, they are all simply what the CO and discharge officer put on them, of which they lied and claimed that I lied to enlist. So I have no documentation supporting my claim of the events, other than the time frame is clearly odd. Routing station for 2 weeks, when the average time in there is 3-6 hours. 3 days in RSP when average time in 10-25 days. The only documentation is what they decided to put down after vocally discussing, so it was agreed verbally to put down incorrect information. How can I fight an "uphill battle" when the only proof is what they decide it is?
Customer: replied 1 year ago.
What I require is, who do I contact directly? Just filling out a form that will be denied without any investigation cause its been too long is not what I am seeking here. I am seeking legal advise in the terms of, I was assaulted and discharged for not coming forward, swept under the rug and then lied to verbally and in documentation. Who can directly investigate? I have asked many other including recruiters they just say call the VA, the VA does not do anything but provide an empty form like you did, and they say the same thing, it will probably be denied. I was unjustly separated, but the larger issue is that the terms of the separation where a lie and it is now preventing me from reenlisting.
Customer: replied 1 year ago.
now I have a 51 dollar charge on my bank account when I did not receive an appropriate answer, a charge I did not agree to or was told about. I was not done and have not rated cause I am getting general google responses and not real "expert" answers, and being charged for asking. I have no problem paying if I am satisfied, like the agreement said, but yet I am still charged a random amount, so if I rate are you going to charge me again? Do I need to contact my back to stop payments?
Expert:  P. Simmons replied 1 year ago.

Sorry...I was called away (I am a volunteer fireman and we had a call)

A few mins please while I review your posts...

Expert:  P. Simmons replied 1 year ago.

Again, sorry for the delay. I live in a small town and when the tones go off I need to respond.

The form you file is DD Form 149.

Contact someone directly? does not work that way. The ONLY way to get your record changed is by filing this form. Period.

Used to be (50 years ago) you could contact your congressman and request they fix errors in your record...but Congress changed the law (they got tired of the requests) and created the process that requires you use the DD149. There is no 'short cut'

And as I explained the primary problem is you waited too long.

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that there was some shortcut, but I can only provide you information based on the law so that you can act on the best available information to you...frankly, it would do neither of us any good for me to lie to you and tell you something you want to hear. I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!

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.

Customer: replied 1 year ago.
I understand the FF bit, I am also a volunteer firefighter in a small town in east Texas, What about the random charges to my card? i know the deposit, it said 5.00 but there is 2 charges totaling 51.59, if I rate you will i also get charged again? Im getting married in 13 days and I am broke, I was not prepared for extra charges and hidden fee's.
Expert:  P. Simmons replied 1 year ago.

Honestly, I am a "user" like you of this service...I have no control over billing. But I do know that I get a portion of any money you pay...and if you "rate" you would not be billed again. And if you do not "rate" you can contact customer service and they will refund your money.

Expert:  P. Simmons replied 1 year ago.
Experts on this site (myself) are compensated ONLY if the customer (yourself) "rate" or "accept" the answer.Please rate the answer so I may receive credit
Thanks for your understanding

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