Expert: Cynthia Bedell - 12/7/2006

Question
Col. Bell
          I was commissioned as a second lt in 1981 spent time as reservist then went on active duty for three year; 1983 to 1986. i was approved to remain on active duty voluntary indefinite, but chose to peruse a civilian career. I went back to the reserves an spent six years before calling it quits, and decided i would concentrate soly on my civilian career.From 1992 to 1998 I was away from the military, but in 1998 I decided that since was now secure in my civilian career I may now be able to give the time needed to take on once again the responsibility of a commanding offcier.However, there was bad news for me, I had been passed over for major twice because I had not furthered my military education an I had been discharged; according to this particular recruiter.I had no knowledge that I had been discharged. So, an option the recruiter gave was that I could resign my commission go in as an enlisted soldier, finish out my remaining years (twenty) and retire as a Captain, my highest rank attained while in the military. I agreed and relinquished my commission. Bad move! I was now an NCO marking time, until SEPTEMBER 11, 2001 I was called to active duty to participate in operation Noble Eagle. While on active duty I went to a recruiter and asked if I could get my commission back he advised yes and that he could make it happen. Make a long story short I worked with the recruiter for about seven months going through physicals,recommendations, documents, etc., finally I was reinstated as a Captain. I swore in, gave my oath of office/position,received my new identification card and now awaiting orders for a unit. All the soldier under my responsibility were very happy for my being reinstated. Two months letter, the recruiter calls me and say that my commission as a captain, being reinstated had been rescinded. I can't express to you the embarrassment, humiliation of it all. I have yet to receive an official letter of the commission being rescinded and who made that call and why. Is this a Congressional complaint? I would have finished my three years as enlisted  and retired as a Captain any way, why would the military allow a dedicated soldier for years to be humiliated like this.Col. Bell I could go on and on.Can you help me.? I went to the first Gulf War fought for my country, participated in operation Noble Eagle and this is the thanks I get. Please could you give me some advise, direction. IG is not helpful.

Answer
Dear Frank --

Without seeing ALL your paperwork, including original enlistment papers and commissioning papers, discharge papers, commission resignation, and second enlistment and final commissioning papers, it is difficult to give you advice.  Many of the laws governing age limits, retirement benefits, and service requirements have changed over the years while you were in and out of the service.

If you still have your orders, your new oath of office, and your ID card showing you as a commissioned officer with the rank of captain, I would go to a judge advocate general's (JAG) office, and lay out your situation.  They should be able to tell you what your rights are.  If it turns out that you returned to service legitimately, and were commissioned legitimately, but your current rank status is incorrect, you should take your case to the Uniform Board of Military Corrections.  They can change your status and reinstate your rank, if any incorrect action was taken in your case.  Further, if it turns out they discharged you, but did not follow correct procedures, it may be that you can be reinstated by the board, and all that has transpired recently is moot.

I doubt that your recruiter misled you in order to embarrass you.  More likely he was trying to make quota of high quality recruits and cut some corners with your file, leaving you in an awkward position.

If you have additional information, please feel free to write me again.  Best of luck to you.