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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 34256
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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1. Mar 2010 I was med Boarded after returning from

Customer Question

1. Mar 2010 I was med Boarded after returning from Afghanistan for 31 months by Memo For Record I was ineligible for promotion, military schooling, or promotion until med board clearing (while my non-med boarded peers were allowed to continue with their careers). 31 months later I was cleared by med board Oct 2012, I immediately enrolled and took my phase 1 ILE (perquisite for MAJ's promotion to LTC May 2013, completed Phase 2 in May 2014 (received 1st look for LTC not selected due to education and completed started Phase 3 Sept 2015 received 2nd look Jan 2015 (2nd time nonselect due to education) completing Phase 3 Mar 2015). Jan 2016, my personnel manager advised that I was placed on clecom list for consideration for promotion 2016. March 2016, I received orders of my MRD date effective 31-May-2016 but I needed to reach Jul 5, 2016 for my 18 years safe zone and with the promotion list normally posting results after May 31, I would be out of the army before the list posting and could not re-enter action all non-created by me but the mandatory med board describe above. I initiated an IG complaint explained the circumstances, the IG advised that due to the law there was nothing that could be done. I was notified by my Gen Officer by May 25, 2016 of my selection and on May 27, 2016, my immediate superior that I was selected for promotion and therefore retained. promotion orders effective date Jun 1, 2016 to LTC. On Jul 18, 2016 received memo stating that my promotion was revoked for promotion board review due to my last unit CDR having referred my OER (this was due to reprisal a year this CDR wrote an outstanding OER on my behalf but after he became aware that I intended to report potential infractions against him to his replacement he struck out).
JA: Because education law varies from place to place, can you tell me what state this is in?
Customer: What are my options?
JA: Have you talked to a lawyer yet?
Customer: nope
JA: Anything else you think the lawyer should know?
Customer: I provided a rebuttal listing all my accomplishments and it shows to be my best year every in the Army Reserve. I have received no negative counseling statements prior to the referred eval.
Submitted: 11 months ago.
Category: Military Law
Expert:  ScottyMacEsq replied 11 months ago.

Apologies for the posting. It was meant for someone else.

Expert:  P. Simmons replied 11 months 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 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 your specific question. Would it help to talk on the phone? I can make that available for $5.

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