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Timothy Minthorn Klob
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Timothy Klob’s Answers

278 total


  • What can I do to get retroactive back pay from the army for stop loss even though the deadline for filing ended in 2012?

    I am an army veteran that was deployed to Iraq under stop loss. I was in the NC national guard and was ordered to active duty in Sept 03. My ETS date was jan 04. My eight year obligation was complete in 2002. I was deployed to Iraq 2/04-1/05. I wa...

    Timothy’s Answer

    While you may be past any deadlines to recover at this point, I would recommend you contact HRC as well as your former command to see if either of these entities can assist. Also, since you are now a veteran, I would strongly recommend that you contact your local veteran's organizations such as the American Legion to see if one of their National Service Officers can provide assistance. If you have a local Legion or VFW post near you that is active and has knowledgeable service officers, they should be able to provide assistance. Another option is to check if your state or county has a veteran's service office where they can offer you assistance and guidance through your local or state government. I wish you the best as you seek to resolve these issues.

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  • Can my power of attorney file my divorce? Can I use an attorney in Nashville if I'm stationed in VA and they act on my behalf?

    I'm active duty military stationed in VA. My spouse moved back to Tennessee with a child that I believed to be mine ( I signed the birth cert. I took a home DNA test while I was on leave and it stated zero percent probability I am the father. I ...

    Timothy’s Answer

    Since you state that you are active duty military, you should be entitled to legal assistance at no charge through your command's JAG office. I would recommend you consult them for guidance in addition to contacting a family law attorney in Tennessee. While JAG legal assistance is limited in terms of what they can do in local courts on your behalf, they may be able to provide you additional guidance on how to proceed. I wish you the best.

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  • How to handle UCMJ issue concerning possible UCMJ violations?

    I have a friend who is in a situation with a past ex over her son. I feel the ex (former military) violated UCMJ. They were young, and he had her file in court with him to legitimate. But, before he did, he signed and gave her a handwritten letter...

    Timothy’s Answer

    I agree with the other posts here. If the ex husband is no longer in the military, then the military has lost UCMJ jurisdiction. Further, if the BAH or other funds at issue were not part of the court order, it will likely be difficult to recover anything for those potential funds either. You may want to also post this question under family law or child custody on Avvo to see if you can get any additional guidance, but I don't see any potential recovery from a military law standpoint.

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  • Can the Veterans Administration be sued because delayed or denied treatment that results in Veteran losing VA benefits?

    Aside from outright patient abuse being ignored, when reported... The VA denies treatment and simple clinical evaluation post deployment, then denies claims because "records cannot be located". The VA has sole control over all documentation, then...

    Timothy’s Answer

    I agree with Mr. Early. Your options will be limited primarily to administrative remedies, and given the scope of conditions and concerns you have raised here, you will absolutely need to obtain assistance from an attorney who specializes in VA disability claims. There are a number of excellent lawyers available through this site and, since you are located in Texas, the State Bar of Texas also has an excellent Military/Veteran's Law Section that may be able to assist as well. I wish you the absolute best with your claim as you seek to make this right.

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  • Need help with retirement pay from a soldier through divorce

    divorced my husband, will receive retirement pay, however the SBP - survivor benefit plan was not discussed. I have seen that it could have been done within a year of the divorce however the attorney i had did not have that put into my decree, and...

    Timothy’s Answer

    If you are divorced, but your ex-husband is still in the military, it is unlikely but possible that you may still be able to obtain military legal assistance to address your questions. Since you are in the Savannah area, I'd recommend you contact your local JAG legal assistance office at either Fort Stewart or Hunter Army Airfield to see if they can assist. As far as the other questions you have raised, I agree with the other post here that you should contact a financial planner who has experience and knowledge of the military retirement system to see what they would advise, and also to contact your prior attorney since they still have a duty to you even if they have left the active practice of law.

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  • Will my citizenship be revoked if i get discharged through 1) dependency / hardship discharge, 2) Physical test failure?

    Hi, Im an active duty soldier who is now an American thorough MAVNI program. I'm in AIT, enlisted on March 2015, went to the Basic Combat Training on 22 of September 2015. I have a citizenship. I am having family issues back home and want to get d...

    Timothy’s Answer

    Consult with your installation JAG office. You are entitled to free legal assistance if you are on active duty. Since your time in the military has been limited, and since it sounds as if the reasons you may be discharged are not due to any adverse personnel actions, you may be eligible for a discharge with either an honorable characterization or an uncharacterized discharge, but this will be dependent on your specific facts and should be discussed ASAP with a legal as substance attorney.

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  • What is most likely going to be the disciplinary actions taken against me? I have not spoken with my lawyer yet or my commander.

    Im an E1 in the airforce and i have a LOR for lying on my pt test in basic training and a LOC for falling asleep in basic. Yesterday i got caught taking a spoolie makeup brush out of a makeup kit at the base exchange. I believe i habe some type of...

    Timothy’s Answer

    Consult your installation JAG office immediately. You should request assistance from the Air Force equivalent of what we refer to as "Trial Defense Service" in the Army. I second the recommendations of my colleagues here that you should not disclose any more case-specific details online.

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  • How likely am I to get a dependency discharge?

    My mom has de-generative disc disease and is disabled because of it. My sister is the only family anywhere near to my moms housing situation and primary care provider until recently when she had a series of mental break downs and suicide threats, ...

    Timothy’s Answer

    I agree with the previous post that you should consult your nearest JAG office for legal assistance. All branches of the military offer free legal assistance to their members, although the Army has the broadest legal assistance program. Also, discuss this with other resources within your chain of command, including your immediate supervisor(s) and your chaplain, as well as any family readiness officers (if your unit or branch has family readiness or family support resources). I cannot predict the likelihood of success with respect to your discharge request, but these resources should be able to point you in the right direction.

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  • Do I have any recourse to get a hotel room at a rate promised?

    I am a member of the military ordered to do Temporary Duty (TDY) at a location away from my home base. For TDY, I am entitled a per diem for lodging and other allowances based on the location. My TDY will be more than 30 days making it is extended...

    Timothy’s Answer

    Did you have to reserve this room through the Defense Travel System (DTS) or otherwise put the cost of the room on your Government Travel Card (GTC)? Is lodging arranged in any way my your unit or command? Does your unit or command offer Lodging in Kind (LIK) or have any contracted lodging with any local hotels in the area where you are performing TDY? If the room they are offering is within the parameters of 75 per cent of Per Diem, then unless they promised you a room with specific amenities, etc., they are likely within the scope of their agreement. On the other hand, if they are attempting to charge you the full rate in excess of your Per Diem, then you may have grounds to challenge their actions, particularly if there is a contractual relationship between the hotel and your command. If you are active duty, you can also request legal assistance from your governing JAG office to resolve any disputes. I wish you the best in attempting to resolve this issue.

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  • Would I be eligible for a VA Home Loan? A acquaintance said no because I never went overseas. How about GI Bill?

    So I was in the Army from January 29th, 2013 to March 19th, 2015. I was discharged under Separation Code JKK, Reentry Code 4. Narrative Reason for Separation: Misconduct (Drug Abuse). I don't know if the VA cares for specifics as to what drugs, bu...

    Timothy’s Answer

    Drew is correct as to the GI Bill. As for Post-9/11 GI Bill, check with the VA on that, and also check your eBenefits account online which tracks your VA benefits and allows you to apply for benefits. Also, consider pursuing an upgrade in your discharge characterization, both with the military for purposes of your military records as well as with the VA for purposes of benefits. VA regulations and program eligibility requirements change from time to time, so the best option would be to contact the VA directly to determine whether you are eligible for VA home loan and other benefits.

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