Expert: Howard Lorenz - 6/8/2008

Question
I had a divorce with a Bi-polar. As a result, my life had changed considerably. I had kept the command informed every step of the way. As a single father from my first marriage, I could not attend my Annual Training. I requested a waiver and they said it would be granted. I never received a copy and the on coming XO stated that if I did not show, I would get a UA absence. I said I request to transfer to the IRR until I have established emergency care for my children and have gotten past some hurdles of my divorce.
First off, she filed charges against me. I had informed my command due to my job as a GunnersMate. I went to court and in 1 month had cleared my protective order, and all charges were found false and I was 'Not Guilty'. I received my concealed weapons permit back from the state. I continued to keep my command informed of everything including the local Army SGT that she was dating.
I was told I was granted my IRR transfer. I requested a copy of the papers I signed and never received. I did receive the worst Eval I had ever seen. I have always been between 4.0 and 4.5. This was a 2.1 I was slammed for military bearing, knowledge, leadership, and the final statement on my eval said "Petty Officer could not perform his military obligations due to pending criminal charges." A statement that was made 5 months after the last court date. I had no further pending legal or criminal actions against me.
As a result, I was informed of my RE4 discharge and the command continues to state it's an RE4, but I'm still in the IRR. How do I clear this false statement from my record and change the RE4 to Honorable, or clear my name at the least? My command has lost many of it's members since I have left for false statements and 'lost' documents. I have 17 years active, two wars, and have never been in any administrative punishments. I have documentation of everything.

V/R,
GM1

Answer
Well my friend since you are still a member of the IRR... i would write your local senator and or congressman. These folks that we elect to office can make the inquiries...above your commands head...

There is obviously an issue with the way the command does its business. Those appointed over us as officers are supposed to command with out personal feeling...sort of like a judge. If you were cleared of any wrong doing, then I would also look into retaining a lawyer to sue for liable and defamation of character..just a thought.


The local reps should be able to do something for you...you have to get their attention and make them look at you as an individual instead of a number that will not go away.