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When my wife was in the army, she made e-6. She had a

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When my wife was...

When my wife was in the army, she made e-6. She had a permanent profile that she could not lift over 20 pounds. She had a child, and they said that she had not lost the proper amount of weight Can this be contested?in a timely fashion, and was demoted. but because of her back issues and the permanent profile, she was unable to do most exercises.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

We were in Tampa Florida in a Unit called JCSE.

Lawyer's Assistant: Have you talked to anyone in the chain of command about this?

I am retired, and my wife has been medically discharged since 2005. She currently has 50% disability.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Thats all I can think of.

Submitted: 4 months ago.Category: Military Law
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Answered in 14 hours by:
3/15/2018
Military Lawyer: Michelle-mod, Moderator replied 4 months ago
Michelle-mod
Michelle-mod, Moderator
Category: Military Law
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Customer reply replied 4 months ago
Continue Please
Military Lawyer: P. Simmons, Military Lawyer replied 4 months ago
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 15,336
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

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Military Lawyer: P. Simmons, Military Lawyer replied 4 months ago

I am sorry for this dilemma. But not sure I understand your specific question. Can what be contested? You reference her reduction in rank...but you later seem to indicate she is no longer in a duty status.

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Customer reply replied 4 months ago
Correct. She had a medical discharge. I was wondering if the taking away of her E6 rank because of her weight could be contested. She had a permanent profile for her back. Degenerative Disk Disease, which prevented her from doing most exercises. She was losing weight, but they said it was not fast enough. She was also recovering from child birth. They took her rank anyways. I was wondering that even though this was many years ago, could we contest it. Thanks
Military Lawyer: P. Simmons, Military Lawyer replied 4 months ago

Going to need more context.

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.

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Military Lawyer: P. Simmons, Military Lawyer replied 4 months ago

If you can not speak on the phone, can you provide some more insight into how they reduced her rank...did she go to NJP?

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