Military Law & Life Matters: Recent Episodes
Ferah Ozbek
Arm yourself with knowledge, know your rights, and avoid becoming a victim of injustice. The Military Law &Life Matters Podcast empowers you to take charge of military law issues such as how to upgrade your discharge, what to do when facing an Officer Grade Determination to other legal issues we may face at various stages of our life. In addition to legal topics, the podcast will also cover Life Matters--Life Lessons I've learned along the way. This podcast is for our Heroes: Active Duty, Reserve, Guard, Veterans, Retirees and Family Members,
Listen to this podcast to learn about cases decided by the Naval Discharge Review Board.
Boards of Review Reading Rooms website below:
https://boards.law.af.mil/
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Listen to this podcast to learn about cases decided by the Army Discharge Review Board in 2022.
Boards of Review Reading Rooms website below:
https://boards.law.af.mil/
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MLM 117 - Cases decided by the Air Force Discharge Review Board (AFDRB) related to COVID-19 Vaccine Refusal.
Listen to this podcast to learn why the Air Force upgraded Veterans' discharges who were discharged with general discharges (under honorable conditions) for refusing the Covid-19 Vaccine.
Read cases decided by the Service Discharge Review Boards in the Boards of Review Reading Rooms website below:
https://boards.law.af.mil/
The website below addresses COVID-10 Vaccination Mandate Rescission Information for Currently Serving Air Force Members and Discharged Air Force Service Members
https://afrba-portal.cce.af.mil/#covid
The Air Force Review Boards Agency (AFRBA) states that If you were administratively discharged solely for failing to obey a lawful order to receive a COVID-19 vaccination, the Department of Defense was precluded by law from awarding any characterization less than a General (Under Honorable Conditions) discharge. If you are seeking a correction to the characterization of your discharge (character of service, narrative reason and/or reenlistment eligibility code), follow the standard procedures to petition the Air Force Discharge Review Board." (see link below)
https://afrba-portal.cce.af.mil/#board-info/drb/navbar
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Learn how two lawsuits against the Air Force and the Department of Defense may impact your discharge and DD Form 214.
1) The Air Force lawsuit "challenges the AFDRB’s systemic denial of discharge status upgrades to Air Force veterans who (1) served during the Iraq and Afghanistan era, (2) received less-than-Honorable discharges, and (3) incurred service-connected mental health conditions such as PTSD (and related conditions), Traumatic Brain Injury (TBI), or experiences of MST or IPV. (Intimate Partner Violence). They allege that the Air Force has arbitrarily and capriciously failed to apply DoD’s policy of liberal consideration to discharge upgrade applications filed by these veterans."
2) The DoD lawsuit alleges that the "Government’s discriminatory dismissal of LGBTQ+ service members on the basis of their actual or perceived “homosexuality” was unconstitutional. Likewise, the Government’s issuance of DD-214 forms with discriminatory narrative reasons for separation, separation codes, and reenlistment bars is unconstitutional. LGBTQ+ veterans are not treated equally to other veterans, who are issued dismissal paperwork free of references to their sexual orientation."
The plaintiffs asks the Court to require Defendants to conduct a comprehensive review of every discharge processed pursuant to DADT and its predecessor policies and systematically remove all indicators of sexual orientation—including (1) narrative reasons for separation, and (2) affiliated separation codes from veterans’ DD-214s (and reenlistment codes)—and to require the Defendants to systematically upgrade discharge characterizations to Honorable.
Never ever give up - There is always Hope
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Military Discharge Upgrades
Knowledge is Power. If you are thinking about trying to upgrade your discharge and want to learn the basics on how to go about the process, take a look at Episode # 106. This episode and its shownotes give you a synopsis of all of the MLM episodes I have done in the past several years that discuss Discharge Upgrades.
You may decide to prepare the application yourself after listening to the episodes. If not, you will be armed with knowledge so when you speak with an attorney, you know the critical information you will need to convey to them as they evaluate your case.
Wishing you all the best with the process!
Remember, never ever give up There is always Hope!
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Attorney Pete Faerber has a long history of military service. He was commissioned into the United States Marine Corps as a 2nd Lieutenant in 1992 and served as a pilot on active duty for 10 years, with the most flight time in the AH-1W Supra Cobra. After ten years on active duty, Pete attended law school and then served as a judge advocate in the Marine Corps, retiring in January 2021 as a Lieutenant Colonel.
Pete has more than 13 years of experience in the Disability Evaluation System (DES). After helping clients navigate through the DES, Pete decided that he wanted to establish a non-profit to help active duty members and veterans navigate the DES. Pete founded The Warriors’ Lawyer, the only certified 501(c)(3) non-profit organization with an exclusive focus on protecting the rights and entitlements of injured service members. The Warriors’ Lawyer’s mission is to ensure the wounded, ill, or injured Service Members and Veterans are afforded their full rights to determination and appeal within the DoD’s Disability Evaluation System – at NO COST to the member.
Learn more about the Warriors' Lawyer at their website below:
https://www.thewarriorslawyer.org/
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Attorney Davis Younts talks about how the January 10, 2023 Secretary of Defense Rescission of the COVID Vaccine Mandate affects Military Members & Veterans.
Davis Younts is an experienced military law attorney with 20 years of legal experience. He is a former active duty Judge Advocate who served as the Chief of Military Justice at the Air Force JAG School and as the Staff Judge Advocate at multiple Wings. Davis is currently a Lt Col in the USAF Reserve. Davis focuses his civilian legal practice on military law including court-martial defense, adverse actions, and military records corrections.
Davis has represented military members who refused the COVID vaccine at discharge boards and in court. If you haven’t listened to his first interview on the COVID Vaccine mandates from March 2022, it's a great introduction-- Episode #94.
https://yountslaw.com/
DoD Memo Rescinding COVID-19 Vaccination Mandate:
https://media.defense.gov/2023/Jan/10/2003143118/-1/-1/1/SECRETARY-OF-DEFENSE-MEMO-ON-RESCISSION-OF-CORONAVIRUS-DISEASE-2019-VACCINATION-REQUIREMENTS-FOR-MEMBERS-OF-THE-ARMED-FORCES.PDF
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Attorney Shannon James is an attorney who focuses her law practice on the U.S. Public Health Service Commissioned Corps. As one of America's seven uniformed services, the Commissioned Corps is an elite team of more than 6,000 well-trained, highly qualified public health professionals dedicated to delivering the nation's public health promotion and disease prevention programs within the nation's federal government agencies and programs.
Shannon began her career in law clerking at a civilian law firm where she focused on military law. After graduating from law school, Shannon became an associate and eventually a managing partner of the firm. It was there that she first worked with Public Health Service Commissioned Corps Officers and developed a passion for helping this unique community of officers who work in underserved areas in the United States. Shannon is a powerful advocate for her clients as she understands their unique skills and their sacrifices in serving their country.
https://shannonlawyer.com/
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The ends don't always justify the means - the Story of an Airman who got Justice
This is the story of an Airman who got justice. He started his journey at the Air Force Discharge Review Board and then took his case to the Air Force Board for Correction of Military Records where he got justice. Remember, never ever give up; there is always hope!
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The Department of Defense (DoD) Discharge Appeal Review Board (DARB)
DARB affords Service members the opportunity to request an upgrade to the characterization of a discharge or dismissal that was not granted by their Service Discharge Review Board (DRB) and the Board of Corrections of Military/Naval Records (BCM/NR).
** Note that the DARB only applies to discharges or dismissals with a date on or after December 20, 2019.
- For a discharge or dismissal dated on or after December 20, 2019, through December 31, 2020, a request for relief must be submitted on or before January 1, 2022, or within 365 calendar days of receipt of the BCM/NR decision, whichever is later. A request filed later than this date is untimely and may be denied by the DARB on that basis.
- For a discharge or dismissal date on or after January 1, 2021, a request for relief must be submitted within 365 calendar days of the date of receipt of the BCM/NR decision. A request filed more than 365 calendar days after the date of the respective BCM/NR decision is untimely and may be denied by the DARB on that basis.
Department of Defense (DoD) Discharge Appeal Review Board (DARB) https://afrba-portal.cce.af.mil/#resources
Department of Defense (DoD) Discharge Appeal Review Board (DARB) Application Instructions https://afrba-portal.cce.af.mil/#application-submission-darb
The current governing instruction for the DARB process is in the Deputy Secretary of Defense “ Memorandum, dated 29 January 2021 ”
https://afrba-portal.cce.af.mil/app/assets/DOD_SECTION_523.pdf
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A question that Veterans ask is where do they submit an application if they want to change their Reenlistment (RE) code so they can reenlist.
There is some confusion because there is some guidance out there that informs Veterans to submit an application to the Board for Correction of Military or Naval Records. This is not necessarily true.
The service websites below include language regarding changing your RE code:
Air Force Discharge Review Board https://afrba-portal.cce.af.mil/#all-board-info
"The Air Force Discharge Review Board (AFDRB) affords former Air Force, Air National Guard, and Air Force Reserve members the opportunity to request a review of their discharge (except for a discharge or dismissal by general courts-martial) within 15 years of the date of separation. The objective of the AFDRB is to examine an applicant’s discharge and consider changing the characterization of service, the reason for discharge, and the re-enlistment eligibility code (when applicable), based on standards of propriety or equity."
Army Discharge Review Board https://arba.army.pentagon.mil/change-re-code.html
"If however, a former Soldier can provide evidence that the RE code is an error or unjust, the former Soldier may apply to the Army Board for Correction of Military Records for a correction of the RE code. If the former Soldier can provide evidence that their discharge character or reason for discharge issued in the last 15 years are erroneous or unjust, the former Soldier can apply to the Army Discharge Review Board for a discharge review and request that their RE code be changed according to the correct reason for discharge."
Naval Discharge Review Board https://www.secnav.navy.mil/mra/CORB/pages/ndrb/default.aspx
"Additionally, the NDRB is authorized to change a NDRB Applicant's Reenlistment Code if related to an accompanying change in discharge characterization or narrative, but this authority is strictly limited to those cases where an applicant's narrative reason or characterization of discharge is changed and that change warrants revision of the previously issued reenlistment code."
The Coast Guard Discharge Review Board https://www.uscg.mil/Resources/legal/DRB/
U.S. Department of Homeland Security
"Before applying to the DRB, please understand the scope and authority of this Board. The DRB has authority to recommend changes to the items issued in Blocks 24-28 of the DD-214:
Character of Service
Separation Authority
Separation Code
Reentry code
Narrative Reason for Separation"
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Attorney Tommy Gregory is a retired USAF Judge Advocate (JAG), a civil litigation lawyer, a Florida State Representative, a small business owner, a native of Florida and a proud American. He attended the United States Air Force Academy, where he earned a bachelor’s degree in economics and graduated with military distinction. He also earned a law degree, with honors, from the University of Texas.
Tommy served on active duty in the United States Air Force for 20 years, including 14 years as a judge advocate. He was assigned to 6 different states and 4 different countries during his career and deployed multiple times in support of Operations SOUTHERN WATCH, IRAQI FREEDOM and ENDURING FREEDOM, where he advised aircrews during real-time strikes of terrorist targets.
Tommy’s wife, Erica, is also a retired Lieutenant Colonel and they met as cadets at the Air Force Academy. Tommy and Erica have 3 sons.
https://www.williamsparker.com/attorneys/tommy-e-gregory/
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Ms. Hillary Walsh is an immigration lawyer and the Chief Executive Officer of New Frontier Immigration. She is also a former foster care and juvi-kid turned award-winning lawyer who has a passion for helping immigrants live free in the United States.
In addition to being the CEO of her law firm, Hillary is also an adjunct law professor and an avid Phoenix Suns fan. In the past 10+ years of practicing immigration law, she’s represented clients before the U.S. Supreme Court, the Supreme Court of Nevada, the Ninth, Sixth, and Fifth Circuit Courts of Appeals, the Board of Immigration Appeals, and immigration courts nationwide. Hillary believes that there is a solution for every problem, and she injects that relentlessness into her immigration law practice.
Hillary is also the mother of four children and the wife of an active duty military officer. She is a passionate advocate for her clients and will fight to ensure you can live free in the United States.
Ms. Walsh's practice is global so she can assist clients all over the U.S. and the world.
https://newfrontier.us/about-us/
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Military Law & Life Matters Podcasts that discuss Military Discharge Upgrades:
Episode 4: I discuss the Discharge Review Board (DRB). The DRB gives former military members the chance to request a review of their discharge within 15 years of the date of separation. The DRB reviews a veteran's administrative discharge and can legally change the veteran's discharge characterization of service, the reason for discharge, and the re-enlistment eligibility code (when applicable), based on standards of propriety or equity.
Episode 6: I discuss the Board for the Correction of Military Records or BCMR. The BCMR for each service has the authority to review and correct the personnel records of current and former members of the each military service. Records include administrative discharges, reenlistment codes, disciplinary matters, performance evaluations, selection for promotion, advancement, retirement, dates of service, disability ratings and medals. **If you were discharged more than 15 years ago and want to upgrade your discharge, you would apply to the Board for Correction of Military Records for your service.
Episodes 22 - 31: 10 Part Series. It is possible to upgrade your military discharge characterization. This series covers 10 things you should know about upgrading your discharge either at the Discharge Review Board (DRB) or the Board for the Correction of Military Records (BCMR). Go to https://ferahozbek.com/ if you want to download my written guide to follow along with the podcast.
Episode 37: DoD Guidance on Mental Health Issues - This episode is intended to ensure Veterans know what that the August 2017 DoD Clarifying Guidance to Military Discharge Review Boards applies to. The DoD Guidance discusses Liberal Consideration for certain cases before the Discharge Review Boards and Boards for Correction of Military Records.
Episodes 38-40: FAQ on Military Discharge Upgrades -- I share some of common questions that Veterans ask in case you also had the same question.
12 Part Series on Military Discharge Upgrades (No Episode Number for this Series. However, the series begins on 8 November 2019 and ends on 13 March 2020)
MLM 73 - 88: 16 Episodes where I discuss cases from the Board of Review Reading Rooms for each service. The Department of Defense Electronic Reading Room publishes the decisions of the Corrections of Discharge Review Boards (DRB) and the Boards for Correction of Military/Naval Records (BCMR/NR) on a public website. I analyze the decision made by the Discharge Review Boards on a Veteran's application. I explain why I believe the discharge was upgraded or why it was not.
Go to https://ferahozbek.com/ to download a free Military Discharge Upgrade Guide
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Attorney Rupe Gill is a retired USAF Judge Advocate (JAG) who is now an Estate Planning Attorney.
Upon graduation from college, Rupe joined the US Air Force and served as an Intercontinental Ballistic Missile (ICBM) launch officer. In 1990, he was among a few select officers selected by the Air Force to attend law school. After Rupe completed Law School, he continued to serve in the Air Force, this time as an Attorney with the United States Air Force Judge Advocate General’s Corps and retired in the grade of Lieutenant Colonel after 20 years of service.
When Rupe returned home to North Carolina after retiring from the Air Force, he continued practicing law. His law practice at the firm, Walker Lambe focuses on Estate Planning, Special Assistance Planning and Elder law. Rupe’s focus is protecting families from the devastating legal effects of disability and death. Rupe uses his expertise to craft plans for clients concerned about preserving their hard-earned dollars and providing for their loved ones in case of disability or death.
Rupe is a member of the National Academy of Elder Law Attorneys (NAELA), the Durham Bar Association, the North Carolina State Bar and the North Carolina Bar Association. He is President of the non-profit organization, Jiti Foundation, a group focused on empowering young women, combating blindness, and transforming lives in rural India. He is the former Chair of the Elder Law and Special Needs Law Section of the NC Bar Association and former President, NC Chapter of NAELA.
https://www.walkerlambe.com/
RGill@walkerlambe.com
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Meet Attorney Maren Calvert. Maren is a partner at the firm, Schwabe, Williamson & Wyatt where she focuses on Real Estate and Construction Law in Vancouver, Washington.
Maren attended the United States Air Force Academy where she was a Distinguished Graduate. She graduated from UCLA law school and had a very distinguished career in the USAF as both an active duty and reserve Judge Advocate (JAG). She retired from the United States Air Force Reserve in 2018. Maren has a varied background in both government and private sector.
In her private practice, Maren is adept both in and out of the courtroom. Maren currently negotiates land use applications, development agreements, and public/private partnerships. She appears in court and administrative hearings and is working to transform dispute resolution through her civil collaborative law and mediation practice. She loves to overcome regulatory hurdles and aspires to help her clients work with the government to responsibly grow and improve the economic and social health of our community. Before moving to Vancouver, Washington, Maren’s last military assignment was at the Pentagon. Maren has also practiced law at Horenstein Law Group in Vancouver; Alston Hunt Floyd & Ing (now Dentons) in Honolulu, and Skadden, Arps, Slate, Meagher & Flom, in Los Angeles.
Don’t miss this episode as Maren explains the alternatives to the often expensive, time-consuming and stressful process that litigants face when taking disputes to court.
https://www.schwabe.com/
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BLUF: An Officer Grade Determination (OGD) is a very serious matter. You should definitely begin preparing before your Commander serves you the OGD notification memorandum and preferably before you submit your retirement request.
https://ferahozbek.com/officer-grade-determinations-ogds/
https://ferahozbek.com/officer-grade-determinations-the-tangibles-and-intangibles-of-retiring-at-a-lower-grade/
https://ferahozbek.com/officer-grade-determinations-ogds-what-you-need-to-know-now-before-you-even-think-about-retiring/
https://podcasts.apple.com/cz/podcast/mlm-91-officer-grade-determinations/id1292680966?i=1000551162044
AFI 36-3203, Officer Retirements, 29 January 2021
https://static.e-publishing.af.mil/production/1/af_a1/publication/afi36-3203/afi36-3203.pdf
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*A lawsuit was filed alleging that since the start of military operations in Iraq and Afghanistan, the Navy and Marine Corps discharged thousands of Sailors and Marines with Other Than Honorable ("OTH") or General (Under Honorable Conditions) ("GEN") statuses due to misconduct attributable to post-traumatic stress disorder ("PTSD"), traumatic brain injury ("TBI"), military sexual trauma ("MST"), and other behavioral health conditions ("OBH"). Furthermore, the lawsuit alleges that veterans who experienced PTSD, TBI, MST, or OBH in service and received OTH and GEN discharges were systematically denied status upgrades by the Navy Discharge Review Board ("NDRB"). The Navy has agreed to settle the lawsuit while denying these allegations.
The Court certified a class in this civil action (the “Settlement Class”) defined as follows:
"Veterans who served during the Iraq and Afghanistan Era—defined as the period between October 7, 2001 and February 15, 2022—who:
- were discharged from the Navy, Navy Reserves, Marine Corps, or Marine Corps Reserve with less-than-Honorable statuses, including General and Other-than-Honorable discharges but excluding Bad Conduct or Dishonorable discharges;
- have not received upgrades of their discharge statuses to Honorable from the NDRB; and
- have diagnoses of PTSD, TBI, or other related mental health conditions, or records documenting one or more symptoms of PTSD, TBI, or other related mental health conditions at the time of discharge, attributable to their military service under the Hagel Memo standards of liberal or special consideration.”
*verbatim text from https://www.mankersettlement.com/
Review the website above for more information
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Mr. Rudy Lopez never gave up and his resilience and persistent paid off. He filed his own petition in the Court of Federal Claims and was awarded a military retirement that was unjustly stolen from him while he was on active duty. This is Rudy's story.
Rudy is retired from the United States Navy where he served as Special Amphibious Reconnaissance Corpsman. During his impressive career with the Navy, Rudy deployed to Iraq three times and once to Afghanistan.
Rudy is currently employed as a North Carolina Private Investigator. He graduated from law school after leaving the Navy, earning his law degree from Valparaiso University. He also has a Master of Laws degree from Loyola University Chicago. Throughout law school, he has participated in internships helping military Veterans as well as interning at the U.S. Army Judge Advocate Defense Appellate Division.
Rudy now dedicates a portion of his time advocating for veterans before the Boards for Correction of Military or Naval Records as well as the Discharge Review Boards.
Rudy began his battle with the Navy while in Uniform by filing a petition with the Board for Correction of Naval Records (BCNR). He was discharged from the Navy before he got the BCNR decision, denying his petition. Rudy then filed his own petition as a pro se petitioner with the United States Court of Federal Claims. After seven years, Rudy was finally vindicated and the Navy BCNR provided full relief, which included a twenty-year constructive retirement and backpay. This is a story that exemplifies perseverance even when times are tough, and a man who never ever gave up, because he knew there was always hope.
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Attorney Mark Bridges Colonel (US Army, retired) opened his private law practice — Law Office of Mark A. Bridges — after a rewarding 30-year career as a military attorney in the US Army Judge Advocate General’s Corps. Mark is a recognized expert in military justice and criminal litigation and his law practice is exclusively focused on legal representation of Soldiers, Sailors, Airmen, Marines, and Coast Guardsmen who are under military investigation, facing adverse action, or pending trial by court-martial. During his military career, Mark served as the US Army’s Chief Trial Judge, with a combined ten years of service as a trial judge presiding over court-martial trials. Mark also had the privilege of serving as the Staff Judge Advocate for the 25th Infantry Division & US Army, Hawaii, where he served as principal legal advisor to the Division Commander and supervised one of the Army’s largest legal offices. In previous assignments, Mark served as a Prosecutor, Special Assistant US Attorney, Appellate Defense Counsel, Chief of Military Justice, and Senior Defense Counsel. He also had the privilege to teach as an Associate Professor in the Department of Law at the US Military Academy at West Point.
One of Mark’s more interesting assignments came when he was a Major, assigned to the newly formed Office of Chief Defense Counsel, Office of Military Commissions. This was the office established soon after the 9/11 attacks to defend detainees at Guantanamo Bay, Cuba, pursuant to President George W. Bush’s military order establishing military commissions for the first time since World War II. Mark and his colleagues successfully challenged the military commissions system established by the President in cases before the US Supreme Court.
https://www.militarycriminaldefender.com/
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Attorney Trevor Orsinger discusses the history of VA home loans, who qualifies, and the pros and cons of a VA loan. Trevor also explains that Veterans need to check with their states as many states provide huge benefits to disabled veterans as it pertains to property tax exemptions.
Trevor Orsinger is the managing attorney of the Orsinger Law Group, P.C., a boutique litigation firm. The firm assists small businesses in evaluating, identifying, and structuring the best corporate organization to achieve strategic goals. Trevor also specializes in commercial and residential real estate transactions---and helps both military members and veterans with closings and other legal matters arising from buying or selling a home including navigating the VA loan process.
Trevor began his legal career in the Cook County Public Defender’s Office in Chicago, IL. After several years, called by a commitment to serve in the United States military, Trevor was commissioned in the USAF as an Air Force Judge Advocate (JAG). During his AF career, he deployed to Baghdad, Iraq in support of the task force that assisted the Iraqi government in rebuilding its judicial, correctional and law enforcement system. Trevor continues to serve in the ANG and is currently a Lieutenant Colonel in the Wisconsin Air National Guard as the Staff Judge Advocate for the 128th Air Refueling Wing.
https://orsingerlawgroup.com/
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Michael Macomber is a partner and CEO of Tully Rinckey PLLC, a national law firm that specializes in Federal Employment Law, Military Law and Security Clearance representation. In addition to being a Partner and CEO at Tully Rinckey PLLC, Michael is the Section Chair of the firm’s New York State Employment Group. He focuses his practice on federal and private sector employment law claims, including claims involving the Uniformed Services Employment and Reemployment Rights Act (USERRA), Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), Family and Medical Leave Act (FMLA), Fair Labor Standards Act (FLSA), National Labor Relations Act (NLRA), New York Labor Law, New York Executive Law and Qui Tam claims. In his federal employment practice, Michael has represented employees before the United States Court of Appeals for Federal Circuit, MSPB, EEOC, NLRB, OSC, and various OIGs
https://www.tullylegal.com/
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While Patrica Navarro is not an attorney, as an Army Veteran, she is a fierce advocate for Veterans by helping them navigate the VA claims process. Ms. Navarro has been working with Mr. Barry Allen, a VA Disability Law Attorney for 9 years where she specializes in Veterans' Benefits Claim Appeals--helping Veterans get the benefits they deserve!
http://www.yourvaadvocate.com/
Links to the sites Patricia discussed during the Podcast
https://www.va.gov/find-forms/ Search for VA forms by number or keyword
https://www.va.gov/health-care/get-medical-records/ Request medical records from VA medical centers and clinics online
https://www.va.gov/find-forms/about-form-10-5345/ Request medical records from VA medical centers and clinics via mail
https://www.va.gov/find-forms/about-form-3288/ Request information from VBA, including Claims file
https://www.va.gov/records/get-military-service-records/ Request service/military records through the VA online
https://www.archives.gov/veterans National Personnel Records Center to request military records online
https://www.benefits.va.gov/homeloans/documents/docs/standard_form_180.pdf Standard Form 180 to request entire military file, with instructions on where to send the request based on your service, via mail
https://www.va.gov/health-care/how-to-apply/ How to apply for VA Healthcare online
https://www.va.gov/disability/file-disability-claim-form-21-526ez/introduction How to apply for Disability benefits online
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Attorney Scott Friedman is a litigator based in Cleveland, Ohio. He is a former officer in the U.S. Army JAG Corps who served as a military prosecutor in Fort Hood, TX; a civil litigator in the Army’s Environmental Law Division in Fort Belvoir, VA; and deployed to Iraq as a Rule of Law and Claims attorney. After five years of active-duty service as a Army JAG, Scott entered private practice, working as an associate in a law firm where he represented businesses and medical professionals in personal injury lawsuits.
In 2017, Scott opened his own practice, where he focuses on criminal defense, civil litigation, and he assists individuals through all stages of the Security Clearance Process. His clients include Military Members, DoD Government Civilian employees and DoD Contractors.
https://ohiosecurityclearancelawyer.com/
https://scottjfriedmanlaw.com/
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Antoinette (Toni) O'Neill is a retired Air Force JAG who is a Partner at Parlatore Law Group, a cloud based national law firm. She focuses her practice on the representation of military members facing adverse actions. Toni has had enormous success in military courtrooms across all the branches, securing acquittal after acquittal for her clients.
While on active duty with the Air Force, Toni had an unprecedented win rate as an area defense counsel then senior defense counsel, regularly being placed on the most high-profile and most complex cases in the Air Force. She is fearless in the courtroom where she feels the most at home. Toni has tried over 150 courts-martial.
Toni is a highly sought-after attorney focusing her practice on criminal defense and military law. With a passion for the courtroom, she has represented a myriad of clients, from general officers to newly enlisted recruits. Toni has an extraordinarily high acquittal rate in courts-martial cases she has tried.
Toni is the mom of two little girls and an interesting fact is that she played professional poker during her first year of law school to pay for expenses!
https://parlatorelawgroup.com/content/antoinette-quinn-oneill
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Davis Younts is a military law attorney with over 19 years of experience. He is a former active duty Judge Advocate (JAG) who served as the Chief of Military Justice at the Air Force JAG School and as the Staff Judge Advocate at multiple Wings. In 2011, Davis was ranked the #1 senior defense counsel in the United States Air Force. He is currently a Lt Col in the USAF Reserve. Davis focuses his civilian legal practice on military law including court-martial defense, adverse actions, and military records corrections.
https://yountslaw.com/
https://www.youtube.com/watch?v=BI_0ypI-gs4
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Patrick Hughes is the co-founder of Patriots Law Group, a law firm he started with his friend and former active duty Air Force JAG colleague, Michael Lyons. Pat served nearly seven years on active duty, and then transferred to the Reserve as he formed Patriots Law Group in 2017. He started as a prosecutor and his next assignment was as a defense counsel, where he was ranked the #1 of 84 area defense counsel globally. In his final assignment on active duty, he shifted his focus to civil litigation, and defended the Air Force in federal courts pertaining to matters involving, among other things, military pay disputes. There, he represented the Air Force in lawsuits brought by servicemembers involving claims where the military had unlawfully denied entitlements. Many of these cases involved claims of six or seven figure money demands and multiple class-action lawsuits. These cases were usually filed after a servicemember sought relief through the Board for Corrections of Military Records but was denied. Pat also defended the Air Force against federal civilian employees who brought discrimination claims before the Equal Employment Opportunity Commission (EEOC), and when challenging their adverse personnel actions before the Merit Systems Protection Board (MSPB).
In his private practice, Pat now represents servicemembers, primarily in the civil realm, including administrative claims brought in the boards for corrections of each military department, claims for military pay brought in the Court of Federal Claims or claims taken up in Federal District Courts.
https://www.patriotslawgroup.com/
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Excited to share with you interviews with talented lawyers in the military community who will educate you about the focus area of their law practice. I know you will learn a lot about different areas of law and be armed with knowledge in case you or a loved one needs help in a specific area of law. When you need an attorney, it's best to seek advice from someone who is an expert. Hope you enjoy these interviews with attorneys who are passionate about law and passionate about serving the military community!
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As a former senior legal advisor at the SECAF Personnel Council, I was the action officer, lawyer and voting member on OGD Boards.
Things you need to know about your OGD
What does the OGD Board look at?
How to prepare ahead of time if you know you will undergo an OGD.
How does a reduction in your rank affect you post-retirement, including your retirement pay
AFI 36-3203, Service Retirements
https://static.e-publishing.af.mil/production/1/af_a1/publication/afi36-3203/afi36-3203.pdf
Blog article--The Tangibles and Intangibles of Retiring at a Lower Grade https://ferahozbek.com/officer-grade-determinations-the-tangibles-and-intangibles-of-retiring-at-a-lower-grade/
Blog article--What you need to know BEFORE you decide to retire
https://ferahozbek.com/officer-grade-determinations-ogds-what-you-need-to-know-now-before-you-apply-for-retirement/
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Take a look at the ABA website below to learn more about Living Wills, Health Care Proxies, & Advance Health Care Directives
https://www.americanbar.org/groups/real_property_trust_estate/resources/estate_planning/living_wills_health_care_proxies_advance_health_care_directives/
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Free Education On-Line - Saylor Academy
You must have received an honorable discharge to be eligible for the Post-9/11 GI Bill. If you were discharged with less than an honorable discharge, you can take classes on-line to learn new skills or earn college credit.
Saylor Academy's classes include Biology, Business Administration, Chemistry, Computer Science (Python, C++ Programming, Software Engineering and more), Economics, English as a Second Language, Mathematics, Philosophy, Psychology and many more classes.
Check out Saylor Academy's website below to learn more about learning new skills, earning credit toward a degree, or advancing your career at your own pace. All courses at Saylor Academy are Free.
https://www.saylor.org/
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The Department of Defense Electronic Reading Room publishes the decisions of the Corrections of Discharge Review Boards (DRB) and the Boards for Correction of Military/Naval Records (BCMR) at a public website. You can go to the website below and read decisions from each of the services to get an idea of what an applicant stated with regard to the error or injustice in his or her case as well as the Board's rationale for granting or denying the request.
Marine discharged for personality disorder with a general under honorable conditions discharge. Discharge upgraded to Honorable.
https://boards.law.af.mil/index.htm
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The Department of Defense Electronic Reading Room publishes the decisions of the Corrections of Discharge Review Boards (DRB) and the Boards for Correction of Military/Naval Records (BCMR) at a public website. You can go to the website below and read decisions from each of the services to get an idea of what an applicant stated with regard to the error or injustice in his or her case as well as the Board's rationale for granting or denying the request.
Navy sailor's discharge for drug abuse (marijuana) upgraded to general under honorable conditions.
https://boards.law.af.mil/index.htm
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The Department of Defense Electronic Reading Room publishes the decisions of the Corrections of Discharge Review Boards (DRB) and the Boards for Correction of Military/Naval Records (BCMR) at a public website. You can go to the website below and read decisions from each of the services to get an idea of what an applicant stated with regard to the error or injustice in his or her case as well as the Board's rationale for granting or denying the request.
Soldier's discharge upgraded based on nexus between misconduct (marijuana use) and mental health condition.
https://boards.law.af.mil/index.htm
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The Department of Defense Electronic Reading Room publishes the decisions of the Corrections of Discharge Review Boards (DRB) and the Boards for Correction of Military/Naval Records (BCMR) at a public website. You can go to the website below and read decisions from each of the services to get an idea of what an applicant stated with regard to the error or injustice in his or her case as well as the Board's rationale for granting or denying the request.
Airman with PTSD discharged with Bad Conduct Discharge from Special Court-Martial. Find out why his discharge upgrade was denied.
https://boards.law.af.mil/index.htm
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The Department of Defense Electronic Reading Room publishes the decisions of the Corrections of Discharge Review Boards (DRB) and the Boards for Correction of Military/Naval Records (BCMR) at a public website. You can go to the website below and read decisions from each of the services to get an idea of what an applicant stated with regard to the error or injustice in his or her case as well as the Board's rationale for granting or denying the request.
Dismissal of civilian charges--does this invalidate your discharge?
https://boards.law.af.mil/index.htm
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The Department of Defense Electronic Reading Room publishes the decisions of the Corrections of Discharge Review Boards (DRB) and the Boards for Correction of Military/Naval Records (BCMR) at a public website. You can go to the website below and read decisions from each of the services to get an idea of what an applicant stated with regard to the error or injustice in his or her case as well as the Board's rationale for granting or denying the request.
USMC Private First Class's discharge upgraded for impropriety and inequity.
https://boards.law.af.mil/index.htm
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The Department of Defense Electronic Reading Room publishes the decisions of the Corrections of Discharge Review Boards (DRB) and the Boards for Correction of Military/Naval Records (BCMR) at a public website. You can go to the website below and read decisions from each of the services to get an idea of what an applicant stated with regard to the error or injustice in his or her case as well as the Board's rationale for granting or denying the request.
Sailor discharged for a pattern of misconduct.
https://boards.law.af.mil/index.htm
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The Department of Defense Electronic Reading Room publishes the decisions of the Corrections of Discharge Review Boards (DRB) and the Boards for Correction of Military/Naval Records (BCMR) at a public website. You can go to the website below and read decisions from each of the services to get an idea of what an applicant stated with regard to the error or injustice in his or her case as well as the Board's rationale for granting or denying the request.
Soldier discharged for civilian conviction.
https://boards.law.af.mil/index.htm
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The Department of Defense Electronic Reading Room publishes the decisions of the Corrections of Discharge Review Boards (DRB) and the Boards for Correction of Military/Naval Records (BCMR) at a public website. You can go to the website below and read decisions from each of the services to get an idea of what an applicant stated with regard to the error or injustice in his or her case as well as the Board's rationale for granting or denying the request.
Airman discharged with Entry Level Separation for Erroneous Enlistment. Learn why she could not get an upgrade to an honorable discharge.
https://boards.law.af.mil/index.htm
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The Department of Defense Electronic Reading Room publishes the decisions of the Corrections of Discharge Review Boards (DRB) and the Boards for Correction of Military/Naval Records (BCMR) at a public website. You can go to the website below and read decisions from each of the services to get an idea of what an applicant stated with regard to the error or injustice in his or her case as well as the Board's rationale for granting or denying the request.
Army Ranger with PTSD--Discharge for drug abuse upgraded to fully Honorable discharge.
https://boards.law.af.mil/index.htm
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The Department of Defense Electronic Reading Room publishes the decisions of the Corrections of Discharge Review Boards (DRB) and the Boards for Correction of Military/Naval Records (BCMR) at a public website. You can go to the website below and read decisions from each of the services to get an idea of what an applicant stated with regard to the error or injustice in his or her case as well as the Board's rationale for granting or denying the request.
Airman requesting discharge upgrade for drug abuse and change to RE code so he can re-enlist.
https://boards.law.af.mil/index.htm
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The Department of Defense Electronic Reading Room publishes the decisions of the Corrections of Discharge Review Boards (DRB) and the Boards for Correction of Military/Naval Records (BCMR) at a public website. You can go to the website below and read decisions from each of the services to get an idea of what an applicant stated with regard to the error or injustice in his or her case as well as the Board's rationale for granting or denying the request.
Coastguardsman's application to the Coast Guard Discharge Review Board--Why his case was denied
https://boards.law.af.mil/index.htm
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The Department of Defense Electronic Reading Room publishes the decisions of the Corrections of Discharge Review Boards (DRB) and the Boards for Correction of Military/Naval Records (BCMR) at a public website. You can go to the website below and read decisions from each of the services to get an idea of what an applicant stated with regard to the error or injustice in his or her case as well as the Board's rationale for granting or denying the request.
Critical aspects of a DRB application you need to know.
https://boards.law.af.mil/index.htm
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The Department of Defense Electronic Reading Room publishes the decisions of the Corrections of Discharge Review Boards (DRB) and the Boards for Correction of Military/Naval Records (BCMR) at a public website. You can go to the website below and read decisions from each of the services to get an idea of what an applicant stated with regard to the error or injustice in his or her case as well as the Board's rationale for granting or denying the request.
USMC Reserve Veteran was discharged for missing 19 drills. His discharge application was granted in part. Find out why.
https://boards.law.af.mil/index.htm
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The Department of Defense Electronic Reading Room publishes the decisions of the Corrections of Discharge Review Boards (DRB) and the Boards for Correction of Military/Naval Records (BCMR) at a public website. You can go to the website below and read decisions from each of the services to get an idea of what an applicant stated with regard to the error or injustice in his or her case as well as the Board's rationale for granting or denying the request.
Army Veteran with PTSD whose discharge was upgraded to Honorable
https://boards.law.af.mil/index.htm
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The Department of Defense Electronic Reading Room publishes the decisions of the Corrections of Discharge Review Boards (DRB) and the Boards for Correction of Military/Naval Records (BCMR) at a public website. You can go to the website below and read decisions from each of the services to get an idea of what an applicant stated with regard to the error or injustice in his or her case as well as the Board's rationale for granting or denying the request.
USAF Veteran whose discharge application was denied--Find out why.
https://boards.law.af.mil/index.htm
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As part of a settlement agreement in a lawsuit filed in the U.S. District Court for the District of Connecticut, the Army Review Boards Agency (ARBA) has agreed to have the Army Discharge Review Board (ADRB) automatically reconsider discharge upgrade applications of a group of former Soldiers who previously applied to the ADRB, and to accept new applications from a separate group of former Soldiers who previously applied to the ADRB for discharge upgrades.
https://arba.army.pentagon.mil/adrb-overview.html
https://www.kennedysettlement.com/
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How the VA helps Veterans with Under Other than Honorable Conditions (UOTHC) discharges but also have PTSD and/or who were victims of MST.
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Discharge Review Board/ Board for Correction of Military/Naval Records
Some Law Matters you should know!
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Attachments to you Discharge Upgrade Applicaction
What do you need to include?
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The Wilkie Memo
Why is this important and how can it help your Discharge Upgrade Application?
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Hagel, Carson, Kurta Memos
How do the DoD Guidance to the Discharge Review Boards and Board for Correction of Military/Naval Records help your case?
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Dual Action Cases-- Medical Separation and Administrative Discharge pending simultaneously
Which separation takes precedence?
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What is impropriety/error?
This is one basis to change your discharge at the Discharge Review Board or Board for Correction of Military Records/Board for Correction of Naval Records
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What is inequity/injustice?
This is one basis to change your discharge at the Discharge Review Board or Board for Correction of Military Records/Board for Correction of Naval Records
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Board for Correction of Military/Naval Records for Discharges more than 15 years ago
DD Form 149
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What Board Should I apply to? Discharge Review Board or Board for Correction of Military Records?
We'll begin with the DD Form 293 and Discharge Review Board Application
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How to get your Military Records - SF 180
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Your DD 214 - Why it's important
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If you are an officer with misconduct or substantiated adverse findings in your current grade, you will face an Officer Grade Determination (OGD) when you are retiring. Learn what this entails on this episode.
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Arm yourself with knowledge, know your rights, and avoid becoming a victim of injustice. The Military Law &Life Matters Podcast empowers you to take charge of military law issues such as how to upgrade your discharge, what to do when facing an Officer Grade Determination and other legal issues we may face at various stages of our life. In addition to legal topics, the podcast will also cover Life Matters--Life Lessons I've learned along the way. This podcast is for our Heroes: Active Duty, Reserve, Guard, Veterans, Retirees and Family Members,
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1 October 2018 is the one year anniversary of the Military Law Matters Podcast, I will be taking a sabbatical from the podcast so I can focus on our Heroes, Veterans who have served their country faithfully and who have been unjustly discharged. I am always available to speak to you about your legal issue, discharge circumstances and happy to give you my insight on your case. Feel free to contact me at ferah@ferahozbek.com or 202-322-7888. Never ever give up, because there is always hope!
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Virginia Veteran and Family Support (VVFS) provides outreach, connection and support to veterans and their families as they address the challenges of military service, transition, deployments, PTSD, behavioral health concerns and physical and traumatic brain injuries. Learn more about how your own State’s Department of Veterans Services can help you and your family.
https://www.dvs.virginia.gov/virginia-veteran-and-family-support-2/
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Listen to attorney Courtney Smith, the Director, Volunteer Outreach & Education at the Veterans Consortium Pro Bono Program talk about how the Veterans Consortium helps Veterans file an Appeal in the Court of Appeals for Veterans Claims and also assist veterans who have received an other than honorable discharges and who also have a diagnosis or exhibit symptoms of PTSD, TBI or other mental health conditions. https://www.vetsprobono.org/
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Attorney Chris Attig of the firm Attig Steel compares the legacy VA Appeals system and the new system that was passed by Congress in 2017 and scheduled to go into effect in 2019. Chris is the author of the Veterans Law Blog. He is also the author of the VA Form 21 Blog. And, if you have Sleep Apnea, Chris is the author of the “VA Sleep Apnea Field Manual,” which teaches veterans what is needed to prove service connection for sleep apnea. Learn more about Chris at https://www.attigsteel.com/
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Attorney, Mike Millios talks about mindfulness and yoga and how it helped him deal with the stress and trauma of working as an attorney handling death penalty cases and other challenges in his life. Learn about the Veterans Yoga Project https://www.veteransyogaproject.org/ and the non-profit that Mike has started to help spread the word about mindfulness and yoga and how to take care of ourselves so we can take care of others. Learn more at https://karunacmn.com
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It is an honor for me to help fellow veterans who are facing difficulties in their lives and don’t know who to turn to for answers. While I enjoy answering questions on an individual basis, I’d like to share some of common questions that veterans ask in case you also had the same question. Please note that these are general answers and not legal advice. Therefore, it is always best to consult with an attorney or Veterans Service Office for advice regarding your particular case.
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It is an honor for me to help fellow veterans who are facing difficulties in their lives and don’t know who to turn to for answers. While I enjoy answering questions on an individual basis, I’d like to share some of common questions that veterans ask in case you also had the same question. Please note that these are general answers and not legal advice. Therefore, it is always best to consult with an attorney or Veterans Service Office for advice regarding your particular case.
Send in a voice message: https://anchor.fm/ferah-ozbek/message
It is an honor for me to help fellow veterans who are facing difficulties in their lives and don’t know who to turn to for answers. While I enjoy answering questions on an individual basis, I’d like to share some of common questions that veterans ask in case you also had the same question. Therefore, it is always best to consult with an attorney or Veterans Service Office for advice regarding your particular case.
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This episode is intended to ensure Veterans know what that the August 2017 DoD Clarifying Guidance to Military Discharge Review Boards applies to. The DoD Guidance discusses Liberal Consideration for certain cases before the Discharge Review Boards and Boards for Correction of Military Records.
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Retired Army Reserve Judge Advocate Scott MacKay gives us an overview of the Disability Evaluation System (DES). Scott discusses cases he has handled and provides valuable information for both active duty members and veterans who are going through the DES. Scott does pro bono work for veterans related to disability-related applications to the Board for Correction of Military Records. He takes clients only through referrals from his attorney network.
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Many Veterans Don’t know about benefits available to them. The Department of Veterans Affairs (VA) provides medical and non-medical home services for veterans such as Skilled Home Health Care Services, Home Health Aide Services, Family Caregiver Program and benefits. Learn about the healthcare benefits you or your parents who are veterans may need.
https://www.va.gov/healthbenefits/access/home_health_care.asp
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National Veterans Legal Services Program’s (NVLSP) New APP helps Veterans Analyze Eligibility for Benefits. The application helps veterans, with or without the assistance of a veteran’s advocate, determine specific VA benefits to which they are likely entitled. The App directs users to a questionnaire that assists in verifying whether a veteran should file a claim for service connected disability benefits or non-service connected disability pension. http://www.nvlsp.org/
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Sean Marvin, Legal Director of Veterans Education Success and Travis Craig, an Iraq and Afghanistan veteran of the Army National Guard and former student at ITT Tech join us on the podcast to discuss how predatory for-profit colleges target Veterans. Learn how Veterans Education Success provides free legal services for veterans and their survivors and families who have faced college fraud or abuse in using their GI Bill. https://veteranseducationsuccess.org/
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Phil Randazzo is the founder of American Dream U, a non-profit organization that assists military members, veterans and their families as they transition out of the military into a new career as a civilian. Phil shares some critical life lessons for you to consider when you are thinking about your next career. Go to the American Dream U website to access free resources including the opportunity to search for a mentor and access a job board at americandreamu.org
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Part 10 of a 10 part series. It is possible to upgrade your military discharge characterization. This series covers 10 things you should know about upgrading your discharge either at the Discharge Review Board (DRB) or the Board for the Correction of Military Records (BCMR). Go to ferahozbek.com if you want to download my written guide to follow along with the podcast
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Part 9 of a 10 part series. It is possible to upgrade your military discharge characterization. This series covers 10 things you should know about upgrading your discharge either at the Discharge Review Board (DRB) or the Board for the Correction of Military Records (BCMR). Go to ferahozbek.com if you want to download my written guide to follow along with the podcast.
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Part 8 of a 10 part series. It is possible to upgrade your military discharge characterization. This series covers 10 things you should know about upgrading your discharge either at the Discharge Review Board (DRB) or the Board for the Correction of Military Records (BCMR). Go to ferahozbek.com if you want to download my written guide to follow along with the podcast.
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Part 7 of a 10 part series. It is possible to upgrade your military discharge characterization. This series covers 10 things you should know about upgrading your discharge either at the Discharge Review Board (DRB) or the Board for the Correction of Military Records (BCMR). Go to ferahozbek.com if you want to download my written guide to follow along with the podcast.
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Part 6 of a 10 part series. It is possible to upgrade your military discharge characterization. This series covers 10 things you should know about upgrading your discharge either at the Discharge Review Board (DRB) or the Board for the Correction of Military Records (BCMR). Go to ferahozbek.com if you want to download my written guide to follow along with the podcast.
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Part 5 of a 10 part series. It is possible to upgrade your military discharge characterization. This series covers 10 things you should know about upgrading your discharge either at the Discharge Review Board (DRB) or the Board for the Correction of Military Records (BCMR). Go to ferahozbek.com if you want to download my written guide to follow along with the podcast.
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Part 4 of a 10 part series. It is possible to upgrade your military discharge characterization. This series covers 10 things you should know about upgrading your discharge either at the Discharge Review Board (DRB) or the Board for the Correction of Military Records (BCMR). Go to ferahozbek.com if you want to download my written guide to follow along with the podcast.
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Part 3 of a 10 part series. It is possible to upgrade your military discharge characterization. This series covers 10 things you should know about upgrading your discharge either at the Discharge Review Board (DRB) or the Board for the Correction of Military Records (BCMR). Go to ferahozbek.com if you want to download my written guide to follow along with the podcast.
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Part 2 of a 10 part series. It is possible to upgrade your military discharge characterization. This series covers 10 things you should know about upgrading your discharge either at the Discharge Review Board (DRB) or the Board for the Correction of Military Records (BCMR). Go to ferahozbek.com if you want to download my written guide to follow along with the podcast.
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Part 1 of a 10 part series. It is possible to upgrade your military discharge characterization. This series covers 10 things you should know about upgrading your discharge either at the Discharge Review Board (DRB) or the Board for the Correction of Military Records (BCMR). Go to ferahozbek.com if you want to download my written guide to follow along with the podcast.
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Meet Philip McKernan, an Inspirational Speaker, Writer & Filmmaker. Philip believes the path to a happy and fulfilling life is found through the meaning we derive in life through the WORK we do, our relationship to OTHERS and the one with one’s SELF. Learn more about Philip at: https://philipmckernan.com/ And you have free access to Philip’s documentary, Give and Grow by going to this website! http://giveandgrow.com/hopeforheroes
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Hope for Heroes: Meet Ed Latimore, Former US Army National Guard Member, Heavyweight boxer. Physics major, Chess Nerd and Author of Not Caring What Other People Think Is a Superpower. Listen to Ed’s Life Lesson: How to solve problems or overcome challenges in your life. Learn more about Ed at https://edlatimore.com/
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2018 will bring you a series of solo episodes where I go into depth on Upgrading your Discharge either through the Discharge Review Board or Board for the Correction of Military Records as well as many other legal topics.
Start of a series called, Hope for Heroes where I ask a special Guest to share a Life Lesson to help veterans overcome life’s challenges as we all navigate our way through life.
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Interview of Elizabeth (Libby) Jamison, a military spouse, an attorney, a member of the Standing Committee on Legal Assistance for Military Personnel, American Bar Association (ABA) and the President of the Military Spouse JD Network. Elizabeth will educate listeners on all of the resources available for military members, veterans and their families through ABA's initiatives/networks such as ABA Home Front, ABA Military Pro Bono Project and the ABA Veterans Claims Assistance Network.
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Interview of Greg Rada, a former C-17 cargo aircraft loadmaster in the USAF who now represents fellow veterans suffering from combat related PTSD as well as non-combat trauma events against the Veterans Administration to help veterans get the benefits they deserve.
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• Episode 016
Interview of Bill Cassara, a retired US Army Reserve JAG. Bill specializes in criminal law to include courts-martial. Bill explains what happens after your court-martial has ended and you are appealing your conviction. Bill walks us through the Appellate process and explains why it's not over until it's over. How you can get your conviction overturned and walk out of prison.
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Episode 015 Interview of Brian Schenk, an attorney who focuses on helping military members and veterans in administrative matters including filing Claims in Federal Court. Learn what you can do if your application has been denied by the Board for Correction of Military Records (BCMR) and you want to appeal your case. Brian gives an excellent overview of the process to fight back.
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• Episode 014
Interview of Mike Millios. Mike is a criminal law attorney who represents military members in criminal matters. Mike is also US Army Reserve attorney and has extensive experience representing clients facing administrative discharge. Mike explains what you need to know if you are fighting a discharge.
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• Episode 013
Interview of Hugh Spires who is a retired USAF active duty JAG. Hugh has expertise in the disability evaluation system and walks us though each step of the system. Learn about the MEB, IPEB and FPEB and what you need to know to protect your rights as you either fight for a medical retirement or fight to show you are fit for duty.
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Episode 012 Interview of Tom Clare whose practice is devoted to vindicating clients against reputational attacks in print, broadcast and online media outlets. Tom represents military officials who are targeted in hostile media investigations and who are subjects of false statements in the press. Learn what constitutes defamation and what to do if you are a victim of it.
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• Episode 011: Interview of David Lowenstein, a former Senior Appellate Attorney at the Veterans Affairs General Counsel's office. David now uses his past experience to represent veterans with the claims process and with their Appeals at the VA and US Court of Appeals for Veterans Claims. David will give us tips on what you need to know if you are going through the VA process.
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Episode 010: Interview of John Howley who is a trial lawyer in NYC. John has extensive experience in labor and employment law. John talks about the Uniformed Services Employment and Reemployment Act (USERRA) and explains why you need to know about USERRA if you are a reservist or national guard member who leaves your civilian job due to active duty orders.
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• Episode 009: Interview of Dana Jacobson, a retired USAF Reserve JAG who is the managing partner of the Jacobson law firm. As part of his practice, Dana has expertise in estate planning and probate. Many of Dana's clients are active duty and retired military members. Dana explains why it is critical to have your affairs in order and what happens if you don't
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• Episode 008: Interview of Mark Sullivan, a retired US Army Reserve JAG who practices family law and has decades of experience in family law and military pension division. Military divorces are very complicated--you need to know the law and your rights. Mark goes over some very important concepts you will want to know about
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Episode 07: Interview of David Younts, a former active duty USAF JAG and criminal lawyer who represents military members. Davis also a reserve USAF JAG. Davis discusses two courts-martial cases where he defended a soldier and an airman and delivered justice to his clients. Don't miss this episode if you want to hear about real court-martial cases where justice prevailed.
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• Episode 06 In this episode, I will discuss the Board for the Correction of Military Records or BCMR. The BCMR for each service has the authority to review and correct the personnel records of current and former members of the each military service. Records include administrative discharges, reenlistment codes, disciplinary matters, performance evaluations, selection for promotion, advancement, retirement, dates of service, disability ratings and medals.
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• Episode 05 I will discuss the Officer Grade Determinations or OGDs. If you are an officer in any service of the armed forces and have substantiated misconduct in your official records, it is possible that you will be retired in a lower rank than that last rank you held. The services determine your rank based upon the highest grade held satisfactorily. Listen and learn about this process and how to be proactive and fight against losing hundreds and thousands of dollars of your future retirement pay.
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• Episode 04
In this episode, I discuss the Discharge Review Board (DRB), the DRB gives former military members the chance to request a review of their discharge within 15 years of the date of separation. The DRB reviews a veteran's administrative discharge and can legally change the veteran's discharge characterization of service, the reason for discharge, and the re-enlistment eligibility code (when applicable), based on standards of propriety or equity.
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• Episode 03
In this episode, I will explain how to survive a criminal military investigation Part II: The Do's and Don'ts. Arm yourself with knowledge so you don't become a victim of injustice.
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Episode 02 In this episode, I will explain how to survive a criminal military investigation Part I: The Do's and Don'ts. Arm yourself with knowledge so you don't become a victim of injustice.
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Episode 01 In this episode, I will explain 5 reasons you should ask for a lawyer when you are read your Fifth Amendment and Article 31 rights. You will be surprised to learn why you should Always ask for a lawyer, even if you are innocent.
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Episode 00 In this first episode, I will discuss what the Military Law Matters Podcast is all about. The Military Law Matters podcast empowers you to take charge of legal issues you are facing, from court-martial charges to divorce proceedings and military pension division, to tips on how to fight your discharge or how to upgrade your discharge and what to do if you are facing an Officer Grade Determination.
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