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I had 10 years of active duty/ANG Air force service. I left…

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I had 10 years...

I had 10 years of active duty/ANG Air force service. I left the ANG in 1978 and was transferred to the Inactive Reserve. After 10 years of that, the AFRMPC sent me orders and letter authorizing my DD 2 identification card, which i used until recently. Last November I attempted to update that card and it was confiscated. I was told that the "Honorary Retired Reserve is no longer entitled to this privilege. My orders do not mention "Honorary Retired Reserve." I asked my congressman, Will Hurd to investigate. He forwarded a letter explaining that DoDD 1200.15 was revoked and DoDI 1200.15 replaced it. After reviewing those documents, it is not at all clear to me that my privileges should have been revoked. Have I been treated fairly?

Lawyer's Assistant: Are you overseas or stateside?

San Antonio

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

Yes

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

I have documents of interest.

Submitted: 4 months ago.Category: Military Law
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Answered in 40 minutes by:
3/15/2018
Military Lawyer: P. Simmons, Military Lawyer replied 4 months ago
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 37,458
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Verified

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. Is your question "how was I treated fairly"?

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

if so...I am not sure I understand...what is it you are trying to understand?

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Customer reply replied 4 months ago
I believe that the Air Force reneged on a deal that promised me. I have the order that grants me the DD FORM 2. They changed the rules and confiscated it. I understand perfectly. They screwed me. Can you fix it?
Military Lawyer: P. Simmons, Military Lawyer replied 4 months ago

Thank you

It can not be "fixed". I am sorry...but this is discretionary. The federal government has discretion on this matter. They can change benefits (and do..regularly).

There is no way to sue them to force them to change back

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that you could sue them to regain your benefits, but I can only provide you information based on the law so that you can act on the best available information to you...I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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Customer reply replied 4 months ago
Are you familiar with DoDD 1200.15 and DoDI 1200.15? The definitions appear to favor my case.
Military Lawyer: P. Simmons, Military Lawyer replied 4 months ago

I am. This is no different than the current administration changing MEDICAID benefits. THey can take away benefits if they like, that is the luxury of being a "sovereign"...you make the rules and decide when you can be sued. For this issue? It is discretionary...you can not sue over it.

Again I am sorry to bear bad news

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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

Hi
Experts on this site (myself) are compensated ONLY if the customer (yourself) "rate" or "accept" the answer.

Do you have more questions regarding this?

Thanks for your understanding
Phil

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