Military Law

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Military Law

I just recently sent an IG complaint in regards to my

Customer Question
Hello, I just recently sent...
Hello, I just recently sent an IG complaint in regards ***** ***** medical records that had false or exaggerated statements on there and I was looking for what the outcome of filing the IG complaint would be
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: North Carolina
JA: Have you talked to a lawyer yet?
Customer: But it occurred in Portugal. No, not yet.
JA: Anything else you think the lawyer should know?
Customer: I was also mistreated by my superiors while I was stationed in Lajes, Portugal.
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
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Customer reply replied 1 year ago
I was searching online and saw that the types of grievances I can claim are: physical/psychological brutality (need more elaboration on that), denial of leave (they denied me leave on several occasions), abusive language (my NCOIC would use vulgar language towards me and yell at me), failure to follow regulations or policies (specifically my superiors were not following AFI 36-2618 Chapter 4 para 4.1.4.3.2; 4.1.5.4; 4.1.6 and others within the AFI), and failure to grant certain privileges (i.e. not being able to take leave, deciding when I should take lunch, deciding when an appropriate time for me to go to my appointments were, etc.)
Answered in 20 minutes by:
7/8/2016
Military Lawyer: Law Educator, Esq., Attorney replied 1 year ago
Law Educator, Esq.
Category: Military Law
Satisfied Customers: 121,080
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If you provided proof and evidence that the records were false or exaggerated, then the IG office will order correction to the military records to reflect the truthful and correct information.

As far as grievances you can file, you bear the burden or proving the physical or psychological abuse. This means you would have to show injury from the abuse or have witnesses testify to the conduct that constituted abuse.

The vulgar language is a minor violation, but it is not a violation of policy to yell at anyone, it is the military.

You are in the military, they OWN you, meaning they can decide when you eat, sleep, shower, go to appointments etc. They are in charge, you do not get to make the rules as a soldier, the superiors do. If your superiors were not following the rules, then you need to file a grievance based on what rules they did not abide by.

Them denying you leave, that depends on whether or not they had good cause to deny the leave and you would bear the burden again of proving they IMPROPERLY denied leave without good cause.

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Customer reply replied 1 year ago
Thank you for your response.I have the medical documentation with the false/exaggerated statements. I also have witnesses that can testify that some of those statements are actually false.I have been seeing a psychologist and a psychiatrist in which I have reported that I feared for my safety in Lajes. I still report that statement to my psychologist and she has diagnosed me with depression and anxiety.The vulgar language may be minor...but in the Air Force it is an unprofessional act and you can be held accountable for that. Which, I also have witnesses for the times that I have been emotionally distressed.They denied my leave because they told me I was going to be discharged from the Air Force and the process was already started, so I couldn't take leave because they said I could receive my orders at any moment. However, upon further investigation, my discharge paperwork was never being processed and I'm not being discharged.
Military Lawyer: Law Educator, Esq., Attorney replied 1 year ago

Thank you for your reply.

I did not say vulgar language was not a violation, I just said it was minor and the party who did this would not receive much discipline.

So, you can file your grievances on the issues you mentioned that would be violations as you are entitled to have them investigated. You simply need to provide the evidence to the investigator of the violation.

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Customer reply replied 1 year ago
Which would be whom? I don't know whom to speak to in order to file these grievances.
Military Lawyer: Law Educator, Esq., Attorney replied 1 year ago

Thank you for your reply.

You file all of your grievances with the air force IG office.

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Customer reply replied 1 year ago
Okay. Thank you for your help.
Military Lawyer: Law Educator, Esq., Attorney replied 1 year ago

Thank you for your reply.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page , as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Military Law
Satisfied Customers: 121,080
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