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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 14507
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I'm not in trouble legally. I joined the Marines at 19 as an

Customer Question

I'm not in trouble legally. I joined the Marines at 19 as an enlisted man. A few years later I finished college, went to OCS and was commissioned. Over the last 15 years I've volunteered for pretty much every combat tour that came my way. I'm an Infantry Officer, an Artillery Officer, a Joint Terminal Attack Controller and a Foreign Area Officer. I've served in Afghanistan and Iraq, Colombia and Haiti. I've been decorated for bravery twice. I've recently been told that because I never accepted "augmentation" I am not qualified to retire as a reservist. My security clearance has been expired for two years. Every time something comes up for volunteers I go. Now I'm being told I don't have enough acceptable time to rate a retirement. My 21 year anniversary comes up on 5 June this year. I don't want to country is still at war. I've been lucky enough to have survived without pretty much a scratch. You can google me...William Ghilarducci Blue Diamond. I simply want to continue my service....I don't want disability or any other bullshit...I'll even go back to enlisted if I have to. I have a civilian job...detective with Las Vegas Metro...I simply cannot understand why, after every time they've asked me to go on orders the Marine Corps is turning their back on me. I've never been in trouble, I'm financially secure and have the full backing of my family. Last week, I accepted orders to active duty for service with J3 counternarcotics in Afghanistan. After a week of processing in Tampa I was sent home because my security clearance wasn't current. So my country won't send me to war over simple paperwork that can be completed in a matter of days.
JA: OK. The Military Lawyer will need to help you with this. Because laws vary from state to state, could you tell me what state is this in?
Customer: I live in Nevada. My orders came down from the Pentagon...literally
JA: Have you consulted a lawyer yet?
Customer: No. This is the only thing I can think of right now because nobody at Marine Forces Reserve will consider my situation, my old IMA Det at I MEF has literally told me it was my fault...nobody answers the phone or email. I've never been in a situation like this before. The letter they sent me told me I have less than two years...then they're giving me MRD...mandatory removal date...I don't want that. I'm physically fit, mentally prepared and fully-ready to continue serving my country. And my family and my civilian employer are fully-behind me. This is a nightmare.
JA: Is there anything else important you think the Military Lawyer should know?
Customer: I set a record as a JTAC in Kajaki (Helmand Province, AFG) for single controls with 103. I did MEDEVACS...14 in all..11 of them lived. In Iraq, there was so much more. In Colombia...etc. I can provide documentation on everything. I'm not asking for anything other than the reinstatement of my clearance...I never lost it for cause, just a lazy contractor not paying attention to their responsibilities. I'm still a solid Marine officer and there's no way after what I've done for them, the time lost from my family and all the collateral BS that I still cannot serve. I'm 100%
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Military Lawyer about your situation and then connect you two.
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. 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 helpAlso, if you would like to chat on the phone, let me know and I can make that happen. Marine, I am sorry for this dilemma...but not sure I understand your question. What is your question? Are you asking if you qualify for retirement?