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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 35003
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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In the 80's I was in USN rank R4. I was abused by my spouse,

Customer Question

In the 80's I was in USN rank R4. I was abused by my spouse, taken to ER, and afterward my ship. Afterward I had to retrieve my 6 mo. old daughter from foster care and requested leave to take my daughter to safety at my parents before spouse was released from brig as he threatened both our lives. Leave was denied and I and my retired msgt father felt there was no recourse but for me to risk AWOL for her safety. I took her to my parents, settled her in and turned myself in at Pearl Harbor. I was stationed at Point Loma. At court martial, I was stripped of rank and recieved general under honorable discharge. VA mental health is just now recovering the extent of trauma both my spouse and the Navy's treatment afterwards have caused. Is it possible to get it overturned and reinstate my rank?
JA: Has anything been officially filed?
Customer: Not since the incident, but I am seeing VA mental health
JA: Have you talked to anyone in the chain of command about this?
Customer: I have not been in the service for 20 some years and wouldn't know who to contact.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 1 year ago.
Category: Military Law
Expert:  P. Simmons replied 1 year ago.

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

Expert:  P. Simmons replied 1 year ago.

I think there is some confusion...a court martial can NOT issue a general discharge. That is not possible.

But what is it you want overturned exactly...or, what is it you are trying to accomplish?

Are you able to talk on the phone...this may be easier to accomplish if we can speak. I can offer that for a nominal additional fee ($5)

Expert:  P. Simmons replied 1 year ago.

Follow up on this...are you looking for help on this matter?

Customer: replied 1 year ago.
If not a court martial, not sure what it was. Group of high ranking officers deciding my fate after charged with awol. The only reason I got general instead of dishonorable is the female Admiral.I would like Honorable and rank of E4 restored.
Expert:  P. Simmons replied 1 year ago.

Thank you...and your question please? Are you asking the process to request a correction to your record?

Customer: replied 1 year ago.
what is the process to get it corrected?
Expert:  P. Simmons replied 1 year ago.
Thank you. There is a process you can use to request a correction to your service record. You would use dd form 149 to make the request. If you can prove that there is an error in your records the board of corrections has the power to correct the record to include change of characterization and reinstatement of rank.