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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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Military pilot currently on down slip with simulator duties

Customer Question

Military pilot currently on down slip with simulator duties authorized pending a maintenance of wakefulness test and subsequent waiver approval or disapproval. I saw a civilian flight surgeon who was also a prior military flight surgeon to get a class one medical certificate to transition from the military to the civilian side. While trying to do a favor for an active duty flight surgeon who is also an AME we got on the topic of my job with Endeavor airlines and he asked about my visit to the civilian. He asked if I wrote on the FAA forms that I was awaiting another waiver and I said no, because there was no question for that on the application. He references a question that asks what health professionals said pilot has seen in the last three years and accused me of intentionally withholding that information to defraud the FAA. I inform him that I've never flown outside the military and I've never done a medical for civilian aviation and that's not how the form reads so I answered it with what I thought it was asking. He says I'm talking in circles and proceeds to inform my detachment commander who informs the company commander who has now said I will be the subject of a 15-6 for integrity violation. This all happened yesterday, and I informed the detachment commander today that I took every doctors appt. for the last 3 years to the civilian doctor and informed him in detail the status of my pending waiver and that I'd notify him the second it was approved or denied and that the doctor was already submitting to the FAA for corrections but he believes there was an integrity violation so he is convincing the commander to initiate a 15-6. My record for the last 18 years has been good I believe. I got into the fixed wing unit I'm in because of a voluntary recommendation from my last commander without even knowing he made the recommendation. This whole thing feel very excessive especially considering I corrected it within 12 hours of the accusation. Should I be worried? How should I proceed from here?
Submitted: 3 months ago.
Category: Military Law
Expert:  P. Simmons replied 3 months 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 3 months ago.

Gimme a few mins to review the question and I will get back with you.

Customer: replied 3 months ago.
I have access to JAG but I hate to overreact if this is not as dire as he wants me to believe. Will do sir. Thank you
Expert:  P. Simmons replied 3 months ago.

Can you tell me are you a commissioned officer? Or warrant or NCO?

Customer: replied 3 months ago.
Warrant
Expert:  P. Simmons replied 3 months ago.

Thanks

Have they served you notice of a BOI (show cause board)?

Customer: replied 3 months ago.
Not yet. The officer pushing this just informed me less than an hour ago of his intent to do so
Expert:  P. Simmons replied 3 months ago.

Can you speak on the phone? This would allow me to address your concerns directly. There is a nominal ($5) additional charge. I do not time my phone calls...we can converse until you receive the information you need.

Customer: replied 3 months ago.
Not preferable. I'm at work with the officer in earshot and I was just wanting advice. Maybe I should go to JAG tomorrow to get clarification.
Expert:  P. Simmons replied 3 months ago.

I think it would be a struggle to try and type back and forth to reslove this. I am around for a few hours if you want to chat later.

Customer: replied 3 months ago.
No thanks. I'll go to JAG tomorrow. I appreciate the reply. Have a good evening.
Expert:  P. Simmons replied 3 months ago.

best of luck