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  #1  
Old 02-01-2009, 11:14 AM
Junior Member
 
Join Date: Feb 2009
Posts: 3

Confused about status/entitlements


What is the name of your state (only U.S. law)? California

I recently plead guilty to 7 counts of false official statements. Each was due to the fact that after my wife left I had to update forms to give her address andwe were not divorced yet. I just used her previous which was wrong and I paid the price for it... lossing 15 years of a career and nothing to show for it. Now I am trying to find out what exactly is my status. I recieved a BCD for my actions and have been on appelate leave since. I was told that I was still considered active (and would have full medical/dental) and would have access to the base. Since my ID card has expired, the base will not re-issue me another one, my squadron leadership/attorney will not speak with me or return my calls, and I have recieved a DD Form214 stating I was honorably discharged due to force shaping and I am entitled to $36,000 in seperation bonus. I am totally confused and need to get this straightened out. I do not know if I should buy my own insurance, if I am seperated already, or really anything. I will say that this was my first experience with the legal process and every single step of the way was screwed up... not only with the legal process, but with millitary pay and the MPF. I am trying to move on with my life but do not know how. I was told they would pay for my final move but I cant because the base will not speak with me. Who should I turn to to get this mess straightened out???
  #2  
Old 02-01-2009, 12:52 PM
Senior Member
 
Join Date: Sep 2005
Location: O~HI~O
Posts: 1,986
You had to be given at least a SPCM in Order to receive your BCD, and were you not
represented, and did not your appointed JAG give the stated facts has you have done
in your posting here?

If you are on appellate leave, then, I hope you are appealing your Federal conviction.

15 years in the Green Machine should make you at least an E-8 should it not.

Lastly, if your case is not on appeal, you should contact JAG in Washington, DC Navy/Marine Corps
Appellate Defense, and make it clear you want to appeal your case unless you waived this right in
cutting an earlier deal!
__________________
Quote:
Ecc 7:1 A good name [is] better than precious ointment; and the day of death than the day of one's birth.

"There are two letter[s] in the word of [Life] that, in part gives direct meaning to it, "IF."" By /SL/ aka., April 23, 2008

Only by cutting through the darkness of ignorance, and prejudice can we achieve true justice; and
to all those who corrupt the search for truth be warned, the "Sword of Justice" cuts both ways!

Last edited by SHORTY LONG; 02-01-2009 at 12:55 PM. Reason: Spelling; sorry!
  #3  
Old 02-01-2009, 03:36 PM
Junior Member
 
Join Date: Feb 2009
Posts: 3
Yes it was my impression that it went to appelate review. But within a month after I went on appelate leave I recieved my DD Form214 stating I was honorably discharged and that I was out due to force shaping. Since then I have not been able to get my attorney for the trial to respond to any of my calls, or my First Sergeant, or anyone. Its almost like they swept me under the rug and forgot about me. That was not my understanding of how the process worked.

I was an E-7 at the time of the SPCM. Honestly the JAG screwed this up so many times that I have zero faith in the system... or anything they tell me. I would have thought that this process would have been set in stone and people would know how to do their job. I also did not understand how I got an attorney who wound up being supervised by the main prosecutor by the end of the trial.

I did not waive my appeal but have never heard anything back on it.
  #4  
Old 02-18-2009, 10:03 PM
Junior Member
 
Join Date: Feb 2009
Posts: 3
Where can I find a civilian lawyer to speak with regarding this issue? I need to know the actual law on if I recieve a DD214 discharging me... am I discharged as of that date even if its a mistake??? I cant see how the AF can say I am still in when they gave me a hand signed form stating I am discharged.
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