Legal Question in Military Law in Colorado

military reenlistment

I was in the military and I refused to testify about false events, so i was given 3 options, testify and there would be no punishment,be court marshalled, or finally chapter 10 under honorable and no bar to reenlistment at a later date, so I took the chapter 10 when it came back it was an oth and re 4. I said then to court marshall me and i was told by jag it was too late, i have applyed to abcmr and adrb they both said my case has merit but i didnt prove enough, i have statements about these events from my entire chain of command stating i was a great soldier and i had done nothing wrong! can I sue to reenlist since I have no other options now?


Asked on 10/05/07, 4:21 pm

1 Answer from Attorneys
Donald G. Rehkopf, Jr. Brenna, Brenna & Boyce, PLLC

Re: military reenlistment

The first question is, did you have a lawyer, JAG or otherwise, represent you when you did your Chapter 10 paperwork? If so, do you have a statement from him or her?

Second, without reading the decisions from the Army DRB and Army BCMR, no lawyer can give you competent or thorough advice as to what your options may be at this juncture. Depending on how long ago the ABCMR decision was, you MIGHT be able to petition them for reconsideration.

Suing generally is not an option, but even if after reviewing your paperwork and evidence, there is some basis to sue, that will be an expensive proposition - figure on $10-15,000 in legal fees and expenses at the low end.

This is a public forum, so there is no confidentiality here. Email me privately if you would like to discuss this in more detail.

Good luck in any event.

Don Rehkopf

[email protected]

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Answered on 10/05/07, 5:09 pm


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