I received a waiver for enlistment in the military. When I got to Basic I was discharged for the same disorder I recieved a waiver for, however, the person who made the diagnosis wasn't licensed to do so instead make the recommendations to someone...
This looks like a case to present to the Army Review Boards Agency.
Depending on the quality and amount of evidence in your favor, they have the power, if they want to to change records.
It can be time consuming and potentially cost some money.
I am an airman in tech school at the moment. I was recently diagnosed with depression and put on medication that disqualifies me from my specific Job. I was told I would talk to the commander about a reclass into another afs and to make a list; wh...
Sorry to hear of your difficulties.
Unfortunately this happens sometimes for various reasons where a person become disqualified for their selected field.
It would be a good idea to talk with a career counselor and discuss the various AFSC's that may be available to you. Understand the merits and demerits of each field. Once you've done that seek to get the best of the three. You may find something you can work with.
The alternative, as the regulation notes, is to request separation.
Keep in mind that should you serve your contract time you will earn the benefits for the future such as education money.
I enlisted in March 2016 and am scheduled to leave for basic in September. I go to mandatory paid drills the first weekend of every month. Due to mental health issues I would like to be separated.
There is a way to try.
You can get some initial advice at the GI Rights Hotline.
Can you submit a chapter 10 discharge in lieu of court martial straight to ft Knox? Or does this have to go to the GCMCA for them to decide? From what I understand discharged and separations all HR related army cases are done at ft Knox?
The request is submitted via the prosecutor to the SJA for the convening authority and to the convening authority.
Fort Knox doesn't get involved in that decision.
If you go to trial and are convicted, then your record is transferred, along with you, to Fort Knox PCU.
I received a BCD from a general court martial over 30 years ago and since then I have not had any other legal infractions. Recently, I requested a FBI background check through one of the approved channelers off of the FBI website. The results came...
I have seen this happen with clients over the years.
The error is likely caused by the MCIO not properly inputting the case into the computer system and then updating it. This happened more years ago than today, but it still happens.
Keep in mind computer databases were not as robust back then compared to today.
I have no specific details to share in this case, as my question is very straightforward and for this purpose hypothetical.
Yes. I have had this happen as a defense counsel.
Also, as a sea going judge advocate I have recommended setting aside a NJP, and seen them granted.
The likelihood of that happening though is very very low.See question
My Grandmother just recently passed away from Alzheimer's disease. She was 93. About two years before she passed my Aunt, who is the youngest of 2 boys and 4 girls, obtained power of attorney over my grandma. To make a long story short my Aunt w...
I think the next of kin usually means the surviving child or children under these circumstances.
I was illegally separated from the Marine Corps in 2008. I did not receive any pre separation classes that are mandatory nor did I receive the mandatory TBI and PTSD screening I was later diagnosed with a TBI from a civilian doctor. I am trying ...
Unfortunately you are past the statute of limitations for an appeal of the SCM.
I think you are likely looking at a Navy Discharge Review Board case and Board for Correction of Naval Records case.
As Mr. Cassara says, at this point there's little hope of changing the charge sheet. The failure to complete the various evaluations may be helpful in a DRB/BCNR case.
There are any number of us who do these kinds of cases and it's not necessary to be local to you. NDRB does sometimes allow personal hearing at which you and your lawyer can attend. The hearings are held in Washington DC, so having a lawyer in the DC/NVA area could help with expenses.
I went to captain mast for something i didn't do and was dropped in rank. I appealed the punishment and it was denied. Now I'm facing higher tenure. Is there anything else i can do? Can i appeal the appeal? Can i get a lawyer? I refuse to let my c...
Your appeal of the NJP is exhausted.
If it is less than 4-6 months since the imposition of punishment you could try to get the reduction set-aside or remitted. But it must usually be done within the 4-6 month period to have a chance of success. The basic process for this is found in Part V, Manual for Courts-Martial. An experienced military lawyer can help with this, but keep in mind they'd likely charge a fee, you are entitled to DSO assistance for something like this.
I am in the middle of an AR 15-6 investigation for apparently turning in false sick call quarters to my boss. I went to a civilian hospital and not a military hospital. Can they still have access to those records? Also, the IO says that he called ...
You will be allowed to have a copy of the investigation if they decide to take action, for example an Art. 15.
If they decide to do only a developmental counseling, you'll have to ask for it via FOIA and PA requests.
Should they offer an Art. 15, you should immediately talk to a TDS attorney or experienced civilian military law attorney.
Unfortunately I suspect they would consider that sufficient evidence to initiate an Art. 15 or Chapter separation. That's why the point above about getting to talk to a lawyer is a best option.