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Steven P. Shewmaker

Steven Shewmaker’s Answers

416 total


  • What are my options?

    I was being chaptered out the army under a chapter 13 and was told by the commander that I would be chaptered under a chapter 13 with a honorable discharge. Today I was informed that my commander changed my chapter at the last minute to a chapter ...

    Steven’s Answer

    1. Less than six (6) years means they can give you a general and all you can do is submit matters in writing - no board required. You can later apply to the discharge review board or the board of corrections, but that will only work if there is a clear error now or later on possibly.

    2. Only the VA can tell you if you will not get your VA / GI Bill benefits.

    3. Yes, the command can switch course like this, so long as they have a preponderance of evidence warranting the chapter they seek to impose. They can make even harsher decisions, like the choice to go with a chapter 14 versus a medical discharge.

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  • Will an increase in disability compensation pay affect Military Division Order from my divorce? Order says disability is mine.

    Divorced in 2012. Ex wife was awarded 50% of my RETIREMENT PAY in property division. I was awarded 100% of my DISABILITY COMPENSATION PAY. Military Division Order specifically states that she is NOT entitled to receive ANY portion of my disability...

    Steven’s Answer

    The answer to your question TOTALLY depends upon the precise wording of your divorce decree and the law in Texas. No one can divine the wording on Avvo, and only an experienced Texas military divorce attorney can help. Seek out Jim (James) Higdon in San Antonio for advise or an Austin referral.

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  • I am active duty military and my wife and I are expecting. She is unable to to move due to her parenting plan for my step son.

    The father has him one a weekend and 4 hours and Tuesday and Thursday. My wife is the custodial parent. We are planning on filling for a modification with hopes that we could be reunited. We are more than willing to give him the summers and a mon...

    Steven’s Answer

    You don't really pose any questions here. Your wife can move, it's only that she may have to deal with a custody modification first. There are a lot of twists and turns here. She really must seek out an experienced military family law attorney in that area, and she needs to do it now. STOP seeking answers in this forum. This forum is great when the issues are simple and time is not a factor. The issues are complex, and time is a factor. Google military family law in your geographic area, Do this today.

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  • I need an attorney for a court action against the Veterans Administration. Will I find one here with Avvo?

    As a 100% disabled veteran, I have been trying to get dental treatment with the VA for the past two years with no success. This is an entitlement by law due to my statue as a disabled veteran. I have had no luck in my efforts.

    Steven’s Answer

    Two words: Drew and Early. Of this must be 35 words long. Drew Early Drew Early Drew Early Drew Early Drew Early Drew Early Drew Early

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  • I would like to know if an Army Officer can have removed or fixed a bad OER. Should the appeal be made to the ABCMR?

    How difficult would it be for a junior officer to have a bad OER removed or fixed? Also, what will happen if the ABCMR orders the army to fix or remove my OER? Who will make me a new OER and how? How this works?

    Steven’s Answer

    This is going to be tough for you. You can apply to the ABCMR. This will require a preponderance of evidence that the OER is not accurate. That can be done with enough documentary evidence and affidavits from those who can attest to your performance. The problem is that OERs are really and truly a discretionary act in the eye of the rater. It is not impossible, but the odds are really stacked against you. If you convince the ABCMR that the OER is inaccurate, I believe you are looking at a removal from your file. I do not see any way the ABCMR or any other component within the Army will order your rater and senior rater to do the OER again anew. I think success for you is going to be a removal or a masking of the OER with a blank spot in your performance record. The blank spot is in itself a softer bad spot than the OER. The promotion board will be left to wonder what is there that they cannot see. In other words, the best paper is good paper, everything else is bad. It is only degrees of bad that you are talking about at this point.

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  • My gov check was stolen and somebody forged my name the VA said i have to get a lawyer to get my check back can u help

    Check stolen ive filed a police report and contacted the va they said that they cant do anything bout it cause so much time has passed ive done everything i can think of i even have the identification number of the person who cashed it my name was...

    Steven’s Answer

    This is why you should always opt to be paid in government cheese.

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  • My best friend is pregnant she is 16, the age of consent is 16 where we live. Her bf is 22. Is that illegal or is it okay?

    I wanna make sure nothing happens to my best friend and her baby daddy.

    Steven’s Answer

    Birchmore is right except see also what Steakley said. I'm other words the pregnancy becomes a math problem. How far along is the pregnancy? And how far past her 16th birthday is she?

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  • Do a officer need to have more than one reading from a breathalyzer test to give a person a DUI

    Officer breathalyzer machine kept timing out. Couldn't attain but one reading.

    Steven’s Answer

    Yes and no
    He needs two readings to charge you DUI per se

    He needs no readings to charge you with DUI less safe

    Now go hire an attorney

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  • Can a soldier be administratively separated from the Army if within his 90 day ETS window?

    My husband had a GOMOR filed in his OMPF for an "improper relationship and improper contact/touching" with a female soldier. This "incident" happened 3 years and 2 duty stations prior to the GOMOR being filed (which was last year). An administrati...

    Steven’s Answer

    Yes they can. He needs a competent military defense attorney who also knows the art of diplomacy (few do). Get the right counsel right away. Don't waste time.

    Many of us give free phone or Skype consults.

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  • Is there a law called guilty by association?

    Got charged cause I was in car with someone that had a joint in there pocket

    Steven’s Answer

    Gawd I hope not. If there were, yours truly wold be totally and all encompassingly screwed. However, you might want to consider the status of your friends if this even crosses your mind. I was the kid that the other parents did not want their kids hanging out with, and I became a defense lawyer.

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