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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 14501
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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This is not a request for records correction---this is a

Customer Question

This is not a request for records correction---this is a claim that I was unduly denied promotions because of a disability. I was told on many occasions that my performance was excellent and that I should be assigned duties that allowed me to continue in my MOS. However, since being injured, I was assigned  I was assigned to the Instructor Branch at Ft. *****, ***** ( I had reenlisted for that assignment). Future assignments were to Combat Arms units as Command did not want to deal with persons with disabilities. Because of my disabilities I could not function as a normal soldier under combat conditions in the field. My SEER ratings in the efficiency portion were always excellent, but my performance level in a field environment was rated as to bring by overall score down as to list me as non-promotable. In 1981, with the help of a Infantry Captain, married to an Officer in the JAG Corp, I was reclassified into the Finance Corp. With in six months I was promoted to my retired rank of SFC E7, at that time I had more than 14 years of time in grade. I am currently 100% combat disabled. I am hereby claiming the United States Army discriminated against me for 14 years. If transferred to a position not to aggravate my body, I believe I would have been promoted to E7 at normal progression and even promoted to E8 prior to retiring in 1983. During those years in combat arms units, I was harassed, belittled, and called a malingerer. I have letters from my superiors that it was believed I was abusing my profile, however, after being covertly observed  in excess of 60 days, my superior was 100% convinced that I was in a great deal of pain all the time. This superior also stated that I should stay in MOS 76Y but have permanent limitations applied (no assignments to combat/combat support units. This letter was dated 20 May 1976, signed my the Executive Officer of the 2/27 FA. Several other correspondence mimic the same synopsis. I was discriminated against for more than 8 years. Even upon assignment  to Ft. Carson Colorado after my tour with 2/27 FA, I was told by the assignment branch that 'since he has a P3 Profile, assign him to the 506th Infantry' and so I was. Due to the violations of regulations pertaining to persons with disabilities and Profiles. My limitations were: no crawling, stooping, jumping, marching or standing for long periods. No climbing of more 8 stairs without a rest. No exercises involving lower extremities.  The following Information is submitted----SFC E-7 (Ret),Retired Nov 1983
JA: Because traffic laws vary from place to place, can you tell me what state this is in?
Customer: Fla
JA: Has anything been filed or reported?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: I think the message should be enough to know if I have a claim---and when I go to the web sites dictated by the Govt I get nothing as file not found
Submitted: 2 months ago.
Category: Military Law
Expert:  P. Simmons replied 2 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 2 months ago.

I am sorry for this dilemma. But not sure I understand your specific question. Do you have a question regarding this?