Military Law & Life Matters

Latest Episodes:

MLM 109 - Where Do Veterans submit an Application to Change their RE Code? Sep 13, 2022

Show notes

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"

MLM 108 - Attorney Tommy Gregory (Lt Col, USAF, Ret) - Civil Litigation Law & transitioning from the USAF to the civilian world Aug 30, 2022

Show notes

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/

MLM 107 - Attorney Hillary Walsh - A passionate advocate for the Military Community who helps navigate the complexities of Immigration Law Aug 16, 2022

Show notes

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/

MLM 106 - Podcast Episodes that discuss Military Discharge Upgrades Jul 12, 2022

Show notes

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

MLM 105 - Attorney Rupe Gill (USAF, Retired) -- Estate Planning & Elder Law -- What You Need to Know Jun 14, 2022

Show notes

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

MLM 104 - Attorney Maren Calvert explains Court-Alternative Solutions--How to save time, money and the stress of going to Court Jun 07, 2022

Show notes

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/

MLM 103 - Officer Grade Determinations - Some Stats to give you Insight May 31, 2022

Show notes

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/

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

MLM 102 - Manker v. Sec. of the Navy - Navy reconsiders certain NDRB applications May 24, 2022

Show notes

*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

MLM 101 - RJ Lopez - The Story of a Navy Veteran who never gave up in his fight for justice May 03, 2022

Show notes

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.

MLM 100 - Attorney Mark Bridges (Colonel, US Army Retired) - 'War Stories' from the Courtroom Apr 26, 2022

Show notes

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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