I was discharged in April 2008, and was not seen by a MEB (medical evaluation board) which is not by regulations! I know that I have a great case, just need a good attorney who knows military law!
The rules can be complicated when there are medical conditions and other issues.
For example, if a person is facing misconduct and medical issues the general rule is that misconduct processing can trump MEB processes already underway.
So part of the issue is knowing why you were discharged. There would be other facts to develop before considering an ABCMR petition.
Army Board of Corrections. I did not serve during 2013 and 2014 but my date of rank was backdated to 2013. Do I have a case if I want to appeal through the federal court to receive backpay for those two years that I lost due to being unjustly kick...
Isn't this a same question from some months ago?See question
I have a Article 15 with the General next week. I am a Captain with 6 years. I am going to accept it. My co-accused hired a civilian lawyer. I think it’s a waste of money since I am guilty. Is there a point to having a lawyer for an Art 15? I just...
How you present your case at the Art. 15 will affect the punishment, and most importantly how you are dealt with after.
In this day and age an Art. 15 for an officer is most likely going to be followed by an adverse evaluation, and administrative elimination actions. The quality of the discharge will be important in the future.
There is no guarantee any lawyer civilian or military can improve your situation. We've all had cases where we have been able to help and cases where it didn't seem to make a difference.
But, it's the collateral consequences from the Art. 15 that are also going to be significant and may need help with navigation.
I’m in the military (Navy) and my friend got into trouble with marijuana and NCIS wants to talk to be. I think he gave them my name. I didn’t do anything wrong so I don’t know why they want to talk to me.
They want to talk to you as a potential witness.
You should be careful. You don't know what your "friend" said. It would not be unusual for a "friend" to dump on other friends as a way to reduce their punishment.
If you knew about your friends alleged drug use, that may, I say may, be problematic.
Better to go in there to tell them you have a lawyer and they should talk to that lawyer first.
Does the Lautenberg Amendment apply to SM who have a MP file that state "opinion that sufficient probable cause exist to believe that XX and XX committed the offense." The offense is listed as Domestic - Simple Assault - Consummated by a battery (...
It's not a conviction, merely the MP investigator "founding" the allegation for investigative purposes.See question
The GOLR was drafted based on false testimony and retention board cited this as reason for retention. I several had promotion board(s) to MAJ (04) but GOLR in OMPF has prvented it. "appeal remedies are exhaused...option to seek relief in court..."...
Before you go further you would need to know when the ABCMR acted on your last petition.
There are time limits for filing in court. It may be you are outside the statute of limitations.See question
I was sentence in the military court for sex offense, and was transferred to the bureau of prisons to serve the remainder of my military sentence. Recently, I was release on good time, in pursuant to military policy, and the U.S. Parole officials ...
Yes. They can impose conditions. In fact those conditions might be from the military clemency and parole board. That's where you go to get a change.See question
I am being false accused of sexual harassment. This military lady and I had a very professional relationship, until she surprised me with this lie. Claimed i tried to touch her in her hotel room while we were TDY. Now OSI is all over me. Need some...
Keep your mouth closed to anyone but a lawyer.
Immediately go to ADC on your base.
Get a lawyer, and remain silent.See question
My husband was recently discharged from the Air Force (AF) for a condition he had been diagnosed with 10 years prior. The evidence overwhelmingly supported his retention, but he was still found "guilty" and discharged. We have since appealed, an...
The statement combined with a "finding" that he could safely serve certainly has the appearance of impeaching the decision to separate him.
Talk to the lawyer who represented him in the process. If it's a military lawyer that lawyer may not be able to follow through on further steps.
But he does need help.See question
Made against him, he said, he spoke with CID, but they didn't inform him of anything, they only told him once they are done investigating, they will let him know whether, he will be charged or not. I'm unfamiliar with Military laws,don't really k...
CID is involved because of the politics surrounding sexual assault and harassment issues in the military.
He's in a very serious situation here.
Investigators and commanders are being told basically to believe the "victim" and punish the accused. Against this is being driven partly by politics.
Getting a lawyer on the case quickly may help. For example and lawyer would have told him not to talk to CID or anyone in his command about the allegations.
I suspect they also got some sort of statement from him which might amount to an admission or confession of wrongdoing.