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Author Archives: Site Administrator

Appeals of Security Clearance Revocation

By Citizen Soldier Law |

What option do those who have a security clearance revoked or denied have to regain or attain a clearance? An individual whose security clearance has been denied or revoked by a central adjudication facility has the opportunity to appeal the decision. The process for doing so differs between military and civilian personnel and contractors…. Read More »

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Reserve component medical care and incapacitation pay for line of duty investigations

By Citizen Soldier Law |

SUBJECT: Reserve Component Medical Care and Incapacitation Pay for Line of Duty Conditions References: (a) DoD Directive 1241.1, “Reserve Component Incapacitation Benefits,” December 3, 1992 (hereby canceled) (b) Sections 1074, 1074a, 12322 and 12301(h) of title 10, United States Code (c) Sections 204(g), 204(h) and 206 of title 37, United States Code (d) DoD… Read More »

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DOD Willing to review discharges of vietnam era vets with PTSD

By Citizen Soldier Law |

The Pentagon has announced a new rule that applies to all vets with discharges prior to the formal recognition of PTSD in 1980.  Under this new rule, the DoD will reconsider the bad-paper discharges of thousands of Vietnam-era veterans who may have suffered combat-related post-traumatic stress disorder (PTSD) but were kicked out of the… Read More »

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The manual for Courts Martial Notice and the impact on the accused

By Citizen Soldier Law |

The Manual for Courts-Martial’s notice provision is clearly intended to give the accused an adequate opportunity to assess available options, ultimately leading to a decision to demand trial by court-martial or proceed under the nonjudicial punishment authority.  Part V, MCM, para. 4, V-2 to V-3 (2012).  The notice provision’s importance is highlighted by the… Read More »

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Combat-related injury determinations made by the PEB; AR 535-40

By Citizen Soldier Law |

Army Regulation 635-40, para. 4-19(j) Armed conflict—instrumentality of war. Certain advantages accrue to those who are retired due to disability and later return to work for the Federal Government when it is determined that the disability for which retired was incurred under specific circumstances. These advantages concern preference eligible status within the Civil Service… Read More »

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Administrative Review and Appellate Procedures for Army physical evaluation board and disability claims.

By Citizen Soldier Law |

Once the Army Formal Physical Evaluation Board Has Occurred (AR 635-40): (2) The PEB may change, modify, or correct its findings and recommendations at any time before the record of proceedings is delivered to the CG, USAPDA or commander, USAHRC. When such changes are made in previously announced findings or recommendations, the PEB will… Read More »

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USERRA Law in action: United Airlines settles federal case

By Citizen Soldier Law |

A U.S. District Judge in Denver, Colo., has approved a $6.15 million class-action settlement between United Airlines and 1,160 United pilots who served in the military from 2000 to 2010—resulting in one of the largest reported payments in U.S. history to resolve a claim brought under the federal veterans’ reemployment rights law, known as… Read More »

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Longshoreman jobs for veterans

By Citizen Soldier Law |

Great job opportunity for Veterans. Longshoremen needed. This Wednesday, Tell a Vet to go to Maher Terminal Building, 1210 Corbin Street, Elizabeth, NJ.   Pre-registration is preferred but not required by emailing vetsjobfair@nysanet.org   (Thanks for heads up, Joe Generoso Romano, CPA.  http://nysanet.org/wp-content/uploads/VeteransJobFairPressRelease.pdf

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NCOERs and OERs will make or break your promotion and whether you retire

By Citizen Soldier Law |

Inaccurate, untrue and improper NCOERs and OERs must be corrected It is your career, retirement and healthcare benefits at stake (Important Note: NCOERs Are Treated Somewhat Differently) What to do if you receive a referred OER in a Relief for Cause from Command (Chapter 3) Opportunity to submit comments when you acknowledge receipt of the OER,… Read More »

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The Lautenberg Amendment: a pitfall to a military career

By Citizen Soldier Law |

Lautenberg Amendment The Lautenberg Amendment to the Gun Control Act of 1968, effective 30 September 1996, makes it a felony for those convicted of misdemeanor crimes of domestic violence to ship, transport, possess, or receive firearms or ammunition. The Amendment also makes it a felony to transfer a firearm or ammunition to an individual… Read More »

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