Legal Question in Military Law in Alaska

My brother is now at 19 years in the air force and is going to be retiring in under a year! However has he received notice that he is getting ready to be kicked out of the military for an failing PT tests, the reason he is failing is because his back was hurt on the job. This happened around the 12 year mark in his career. He has had continuous issues since then passing his PT tests. They also tell him that he will lose his retirement when this happens. He has to only get to February then he has enough leave time accrued to take leave and cover the rest of his career until retirement. This seems a little convenient to not have to pay his retirement by enforcing this issue at this time.

Is there anything we can do to as he is supposed to go before an Administrative Discharge Board Hearing very soon.


Asked on 7/24/12, 9:52 am

2 Answers from Attorneys

William J. Holmes Attorney at Military Law

Your brother needs to fight the proposed discharge. There is no reason they should be separating him so close to retirement. You are correct, they are trying to get rid of bodies and to avoid paying retirement. He needs to make sure that he has a good attorney to fight this and try to keep his retirement. His attorney can look for evidence and arguments to show that the discharge is not appropriate. He can argue about the cause fbehind the PT failures and why a discharge is not appropriate. He can call witnesses and present evidence as well as legal arguments showing that discharge board proceedings should not be initiated against one so close to retirement. An AF lawyer can be appointed, he can hire a civilian lawyer or have both. Make sure that whoever represents him knows the military system and is willing to fight for his retention aan retirement.

I hope this has helped. If you or he have any additional questions, please feel free to contact me directly at [email protected] or (757) 420-9321.

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Answered on 7/24/12, 2:49 pm
Scot Sikes Law Offices of Scot Sikes

This is preposterous, but the sad byproduct of downsizing across the Services. I agree with Attorney Holmes, ensuring your brother has an aggressive defense counsel seasoned in military justice and administrative law actions is paramount. If he is not wholly convinced that his appointed military attorney "has the guns," he needs to swiftly consider his civilian defense counsel options. Guide him accordingly, as any good brother like you would! Should you have any additional questions, I can be reached directly at [email protected].

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Answered on 7/24/12, 3:56 pm


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