When I was in the Army National Guard I transferred from Texas to Alaska. Just before the transfer I was promoted. I

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Customer: When I was in the Army National Guard I transferred from Texas to Alaska. Just before the transfer I was promoted. I notified the transfer NCO when I first heard that I was on the list for promotion, up to when I was promoted and requested he find an E8 slot for me. He never requested a slot from the State Sergeant Major and I didn't find out about it until I moved there because of my job. Alaska refused to put me in an E8 slot even though there were a number of slots in the state at the time. Sidpers contacted NGB and asked for guidance which was three pronged, Let me look for an opening, ask me to take a voluntary reduction or reduce me in rank. They chose to reduce me. I was a decorated soldier, with a bronze star for Meritorious service during Vietnam, I have either 11 or 12 ribbons for good conduct, etc. I was an exemplary soldier through my tenure in the regular Army and National Guard service. They let me remain an E8 for a year before reducing me. When I contacted NGB after I retired, I was threatened by a Sergeant Major there at NGB that if I persisted they would take back the money I was paid for that year I had remained an E8. There are more facts relative to this situation but they are too lengthy to discuss at this time. I have been retired since 2013. I am only looking to have my rank reinstated, I am not looking for compensation for the time I served after the reduction. I am a disabled Veteran as a result of Agent Orange exposure. I would just like justice to return me to my rank I worked so hard to attain and lost through no fault of my own. I tried to speak to the JAG at my unit and was yelled out of his office by his clerk when all I was trying to do was speak to him about my options. Can you give me directions I might follow to rectify this unjust situation?
JA: Has anything been officially filed?
Customer: Not after I was threatened.
JA: Have you talked to a JAG attorney about this? Or anyone in the chain of command?
Customer: No, since I am retired I have no chain of command
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I did start paperwork when I moved to Texas in 2014 but I was going through a reduction in my disability status and had been reduced from 100% to 30% at the time and was working on getting the 100% reestablished and didn't want to muddy the waters any more.
Answered by P. Simmons in 1 hour 6 months ago
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P. Simmons
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P. Simmons
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69184 Satisfied customers
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10+ years of experience
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P. Simmons
10+ years of experience
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69184 Satisfied customers

Jessica

Jessica

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31,131 Satisfied customers

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P. Simmons, Expert

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

You may see an offer for a phone call. Understand that such marketing is sent automatically (I have no control over how this site markets). Feel free to ignore if you like. Or, if you prefer a phone call I am happy to speak on the phone.

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P. Simmons, Expert

I want to make sure I understand...are you asking the process to "correct" this injustice?

Customer
Hi
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P. Simmons, Expert

Thank you. A few minutes please, I have some thoughts and will type them up.

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P. Simmons, Expert

Thank you for your patience and sorry for the delay.

What you are describing, if there was an incident of unfairness in your military record, there is a process you can use to “correct” the error on injustice.

You can see the form used to start this process here:

https://www.esd.whs.mil/Portals/54/Documents/DD/forms/dd/dd0149.pdf

The form is just the starting point…it is, in essence, a “template” for the application.

The board of corrections confers a “presumption of reliability” for your military record. This means that if you want to chance the record you must provide evidence to “rebut” the presumption.

Consider working with an attorney with experience in this area to help you with the submission.

Please let me know if you have more questions. Happy to help if I can.

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P. Simmons, Expert

Follow up, wanted to see if you were able to view my answer and to check if you had any follow on questions?

Customer
I did and no on the follow up
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P. Simmons, Expert

thank you

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