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Author Archives: Thomas Roughneen

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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AR 635-40 Chapter 1 and 2

By Citizen Soldier Law |

Chapter 1 Introduction 1–1. Purpose This regulation establishes the Army Physical Disability Evaluation System (PDES) according to the provisions of Title 10, United States Code (USC), Chapter 61, (10 USC 61) and DODD 1332.18. It sets forth policies, responsibilities, and procedures that apply in determining whether a Soldier is unfit because of physical disability… Read More »

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AR 635-40 Chapter 3: Policies

By Citizen Soldier Law |

Chapter 3 Policies 3–1. Standards of unfitness because of physical disability The mere presences of an impairment does not, of itself, justify a finding of unfitness because of physical disability. In each case, it is necessary to compare the nature and degree of physical disability present with the requirements of the duties the Soldier… Read More »

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Soldier files federal lawsuit seeking medical retirement

By Citizen Soldier Law |

After ABCMR denial, National Guardsman files federal lawsuit for medical retirement William Cowles, who served more than 20 years as an Army National Guardsman, has filed a federal lawsuit seeking to have his discharge changed to medical retirement.  The lawsuit asserts that the Army hastily discharged Cowles based on an erroneous diagnosis of Adjustment… Read More »

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A good year in the Guard and Reserve; what is required of your unit

By Citizen Soldier Law |

Ensure that you earn a good year in the Guard and Reserve SUTAs (Split Unit Training Assembly) should be permitted at your military Reserve or National Guard unit if other units in your Command or State permit such flexibility for other military personnel. In light of the unpredictable nature of the lives that we… Read More »

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Reserve Soldiers stuck in military disability system

By Citizen Soldier Law |

This article by Adam Ashton in the State of Washington does a great job of describing what is wrong with the disability claims process.  It focuses on the active duty portion but the National Guard and Reserve military personnel have an additional layer of bureaucracy at the unit level, then proceed to the facility… Read More »

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