Trial Complete - Months Later BIG PROBLEMS - HELP please

[Aphix]

I am currently loacted in South Korea.
Case Status: Closed

Issue: Follows

On May 8th 2006 I went to trial for a large case in Fort Hood Texas, (at the time I was stationed there). The case involved myself and 2 other soldiers.

Charges against other 2 soldiers (these charges were not on my charge sheet as all whitnesses and sworn statements by ALL subjects confirmed I was not involved with the following charges)

1. Larceny of Govenrment Property (on post) 32 accounts

2. Housbreaking (on post) 6 accounts

and many others.

Charges that I DID recieved and pled guilty to were;

Consirisy to dispose government porperty (the planning to trow it away) ($500+)
and Disposttion of government property (the throwing it away) ($500+)

On other charge that was dismissed @ trial by the judge was;

Recieving of stolen property (government items) - Dismissed Unjustified

Here is my issue.

1. My charges were to pay a $500 fine (paid), and if not paid I would spend 60 in jail.
2. Reduced to the rank of E-2 (from E-4)
3. 30 Days hard labor by the local county

.. Item #1 Paid same day through local finance office.
.. Item #3 Was signed over to my unit and the releaced me in order to clear the base
and PCS to Korea. (I had recieved orders 2 weeks prior to the trial and was to report in 30 days, I had the flag lifted the same day and was allowed to clear and PCS.)
.. Item #4 Never happened. I have documented e-mails and to and from the prosicution and my legal rep in Texas saying that it will happen just wait, and I have a counceling I had the commander of my new unit give me as well as I asked and had my 1st line supervisor and 1SG give me one as well saying that they are aware of the situation and that with no paperwork that there is nothing they can do about it. And that the say I should still goto the E-5 promotion board.. I am due to goto the board next month.

I have been to legal and IG, I never thought it would be so hard to lose my rank.

All of that being said here are my questions...

1 - I have 8 years in the Army, reenlistment says I can not reenlist until I get PROMOTABLE status. (true or false?)

2 - Is going to the board without anyone dropping my rank with all the documented items I have showing my attempts to lose my rank going to hurt me?

3 - If I make cut off and get promoted is this going to haunt me in the future?

4 - I did a background check and found that I have 6 accounts of - Larceny of Government Property (on post), that are showing up. I have contacted everyone about this and found myselfe in the circle of finger pointing as to who is to remove them since I was only an initial suspect and never any charges filled... How do I get these removed? I need this check to go forward to the local Area commander here in order to get a POV approval, and I do not want him seeing pointless info.

5 - Is there a time limit as to when all this needs to be done? (ie. loseing of my rank), or can they come 2 years from now and say opps.. yeah lets do that now?

Thanks again for the help.. for more info on the case you can view my older post from my trial assistance.. (thanks for all that help by the way)

https://forum.freeadvice.com/showthread.php?p=1360935#post1360935

Please let me know anything any one may be able to help with.What is the name of your state?

 

[Aphix]

Really no reply?

I know this posted case was a little NOT worth helping in some eyes.
Is it that there really is no one that can assist me? If any one could help,
I would be very greatful.

All of that being said here are my questions...

1 - I have 8 years in the Army, reenlistment says I can not reenlist until I get PROMOTABLE status. (true or false?)

2 - Is going to the board without anyone dropping my rank with all the documented items I have showing my attempts to lose my rank going to hurt me?

3 - If I make cut off and get promoted is this going to haunt me in the future?

4 - I did a background check and found that I have 6 accounts of - Larceny of Government Property (on post), that are showing up. I have contacted everyone about this and found myselfe in the circle of finger pointing as to who is to remove them since I was only an initial suspect and never any charges filled... How do I get these removed? I need this check to go forward to the local Area commander here in order to get a POV approval, and I do not want him seeing pointless info.

5 - Is there a time limit as to when all this needs to be done? (ie. loseing of my rank), or can they come 2 years from now and say opps.. yeah lets do that now?

Thanks again for the help.. for more info on the case you can view my older post from my trial assistance.. (thanks for all that help by the way)

 

[SHORTY LONG]

I know this posted case was a little NOT worth helping in some eyes.
Is it that there really is no one that can assist me? If any one could help,
I would be very greatful.

All of that being said here are my questions...

1 - I have 8 years in the Army, reenlistment says I can not reenlist until I get PROMOTABLE status. (true or false?)

2 - Is going to the board without anyone dropping my rank with all the documented items I have showing my attempts to lose my rank going to hurt me?

3 - If I make cut off and get promoted is this going to haunt me in the future?

4 - I did a background check and found that I have 6 accounts of - Larceny of Government Property (on post), that are showing up. I have contacted everyone about this and found myselfe in the circle of finger pointing as to who is to remove them since I was only an initial suspect and never any charges filled... How do I get these removed? I need this check to go forward to the local Area commander here in order to get a POV approval, and I do not want him seeing pointless info.

5 - Is there a time limit as to when all this needs to be done? (ie. loseing of my rank), or can they come 2 years from now and say opps.. yeah lets do that now?

Thanks again for the help.. for more info on the case you can view my older post from my trial assistance.. (thanks for all that help by the way)

Hire an Attorney that specializes in "Military Law!"

 

[ElvisG]

Since you was nice to me SHORTY in your last post I would like to point out something. Aphix is stationed in Korea. His only means of legal help is the legal office.

I would tell my new command in Korea and the legal office there. Though, I would expect at least your commanding office to confide with the orders. If both parties refuse to do anything then your only option is to go on as an E-4 and take the promotion test.

Though, you could request a hearing with your commanding officer. Then explain everything to him. This is probably what my second option would be. The first option would be to tell legal and your command. Since this is an enlisted matter your commanding officer might not know about it. The enlisted side does funny things sometimes so they might have not told your commanding officer.

What will happen most likely is either one of two things. One, you go on with your career in the military and nothing is ever done about it. Two, whenever you reenlist next someone will catch it and it will be resolved in some matter.

 

[Aphix]

SHORTY.. OMG You ARE .. Whats the Words.. For lack of a better term..

An Idiot​

I do thank that you took the timeout of your day to simply say get a lawyer that does Military Law!!!, as in I am looking in the wrong place for help.

"FreeAdvice Forums > GOVERNMENT & ADMINISTRATIVE LAW > Military Law "

Lets review..

FreeAdvice Forums <--- This implies Free Legal Advise, instead of getting a lawyer
GOVERNMENT & ADMINISTRATIVE LAW <--- This moves to the Government Side of the law
Military Law <-- and last but not least, would you look at this this is MILITARY LAW!!!!

If you are going to log on just to tell people to log off, and go pay for a lawyer, then please just do not try to help me.


ElvisG

Thanks for the advise, I have informed the legal here and command as of yesterday, and have it in a written form that they know all about it, and I am still going to the promotion board.

Again to shorty, I was simply asking what the law way, and if you had read the case is closed and I was wanting to know how NOT to bring attention to the issue and the truth to how things should be done. But next time if you read more then the 1st and last line, maybe you would get a clue.. thanks for nothing. You remind me so much like my JAG appointed.. lol, lots of talk (post) and nothing ever really said.

 

[SHORTY LONG]

Again to shorty, I was simply asking what the law way, and if you had read the case is closed and I was wanting to know how NOT to bring attention to the issue and the truth to how things should be done. But next time if you read more then the 1st and last line, maybe you would get a clue.. thanks for nothing. You remind me so much like my JAG appointed.. lol, lots of talk (post) and nothing ever really said.[/QUOTE]

Aphix, you are always welcome; and glad you appreciate JAG, as well,
I am glad it is your six and not mine!

ElvisG, respectfully, thank you for pointing this out to me. Clearly I missed
that part while I was reading [all] the poster posted; and also took it that the
poster was Stateside!

Rock and roll E.

 

[DRTDEVL]

1 - I have 8 years in the Army, reenlistment says I can not reenlist until I get PROMOTABLE status. (true or false?)

I can answer this one...

Since you passed 8 years, you WILL be required to be in a promotable status before reenlistment. The RCP for E-4 remains at 10 years... The Minimum term you can reenlist for is 2 years. If you reenlist today as an E-4, you will surpass the RCP before your ETS.

Rather than pay out a bunch of $$ for RCP's, the Army has nipped that loophole in the butt. You can't work the system anymore for the big payout. You have to be promotable to reenlist, because it extends your RCP to 12 years.

 

[Aphix]

Thanks.. and sorry

I can answer this one...

Since you passed 8 years, you WILL be required to be in a promotable status before reenlistment. The RCP for E-4 remains at 10 years... The Minimum term you can reenlist for is 2 years. If you reenlist today as an E-4, you will surpass the RCP before your ETS.

OK, great, Well I have been preping for the board for a while now and will be attending on the 14th of this month. I am to reenlist on the 15th for 6 years. With my current points, if I max the board I will be sitting @ about 650 points, and I must just wait for the cut off to drop (if it ever does). I guess the only questions that remain are..

2 - Is going to the board without anyone dropping my rank with all the documented items I have showing my attempts to lose my rank going to hurt me?

3 - If I make cut off and get promoted is this going to haunt me in the future?

4 - I did a background check and found that I have 6 accounts of - Larceny of Government Property (on post), that are showing up. I have contacted everyone about this and found myselfe in the circle of finger pointing as to who is to remove them since I was only an initial suspect and never any charges filled... How do I get these removed? I need this check to go forward to the local Area commander here in order to get a POV approval, and I do not want him seeing pointless info.

5 - Is there a time limit as to when all this needs to be done? (ie. loseing of my rank), or can they come 2 years from now and say opps.. yeah lets do that now?

Also I want to apologize to SHORTY. What ever it was that made you pass judgement
on me (as I felt took place, rather you did or not), I should have just let it go. I had came here to seek advice in order to straighten out my life and insure that I made no mistakes in an attempt to "drive on". When I see AWOLs getting assistance by the second it just makes me made @ how easy it is to help someone that just "Gave Up", as to one that has
made every attempt to stay in the active, though given chances to leave.

Reviewing my case posted above you will find a link to my old "Trial" and see how I was dedicated to staying IN the Army. I made commitment and I plan to stand tall through out
the rest of my time until I hit 20.. maybe more years.. heck I nearly half way done.

The Army is my life, and all I have, and I am not going to let one little speedbump throw me off. THAT is why I ask for advise from others, cause we can see that NOT asking for help has lead me down the wrong road in the past.

If someone can assit me with the other questions please let me know.

Thanks again,
Aphix

 

[ElvisG]

** I am not a military lawyer **

The orders is for you to go from E-4 to E-2. It isn't your problem that the Army didn't carry out the orders. If you make rank to E-5 they can not take that away from you.

2. I don't know but I think it will have somewhat of an effect because it is in your records.

3. No, it should not because the orders are for you to go from E-4 to E-2. I would also like to note that I have seen people drop from E-6 to E-5, E-5 to E4, and E4 to E-2. Once you make E-5 they can not drop your rank lower then one pay grade without a court marshal. The only time I have seen someone get their rank dropped lower than one rank was when a E-6 molested his daughter. He had 8 months left to retire too. He went from E-6 to E-1 and then was ordered to 2 years at Leavenworth.

4. As long as you are E-4 they could at any time demote you to E-2.

I would be seriously investing all my spare time into reading and doing research online about this matter. Read up on the UCMJ articles that you got busted on and then do searches online with the UCMJ articles. If you look I bet that you are not the only one to ever to go through this.

 

[SHORTY LONG]

Aphix, apology accepted; and please accept mine as well! We all
have bad hair days.

I am curious to know what Base Legal has had to say about your
dilemma in getting your 'record' squared away?

Also, who did you contact in your background record search?

And since you were not convicted, then when you go in front of
the "Man" can you not explain this to him; and that you are
doing everything possible to have your records cleared; specially
once you speak to Base Legal!

I admire your tenacity in your dedication to the Army, and wanting
your records squared away. Please let me know in what I asked
as soon as you can.

About your other questions, because so much has changed since
I was in 37 years ago, I can only concur in what DRTDEVL & ElvisG
suggested at this time.