I’ll explore it and get back to you guys.
______________________________________________________________________________
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for such purposes is strictly prohibited. If you have received this
e-mail in error, please notify me immediately by telephone, facsimile or e-mail
and purge the original and all copies thereof. Thank you.
Mark S. Zaid, Esq.
Mark S. Zaid, P.C.
1250 Connecticut Avenue, N.W.
Suite 200
Washington, D.C. 20036
(202) 454-2809 direct
(202) 330-5610 fax
www.MarkZaid.com
From: Eric S. Montalvo
[mailto:eric@puckettfaraj.com]
Sent: Saturday, January 22, 2011
12:03 AM
To: 'Mark S. Zaid'; 'Neal
Puckett'; 'Haytham Faraj'
Subject: RE: Correction to Record
of Military Service (DD Form 214)
Fed court case I am
thinking 15-20 FF to cover both of us…I have spent a lot of time on the three I
am working. He may argue that all the research is done…result obviously
doesn’t track and he has boxed himself out of reconsideration so he up’d the
anty. He is competing for gs-15 so an investment I would think.
Your call your guy
--
Eric S.
Montalvo
Attorney at Law
1800 Diagonal Road
Suite 210
Alexandria, VA 22314
eric@puckettfaraj.com
(703)
706-9566 Phone
(540)
840-7717 Cell
(202) 318-7652 Fax
DC ׀ CA ׀ MI ׀ VA
www.PuckettFaraj.com
Practice is
limited to matters and proceedings before special courts - federal courts -
agencies. Confidentiality / Privilege Notice: This transmission, including
attachments, is intended solely for the use of the designated recipient(s).
This transmission may contain information that is confidential and/or
privileged or otherwise protected from disclosure. The use or disclosure of the
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intended recipient of this transmission, please immediately destroy all copies
received and notify the sender.
From: Mark S. Zaid
[mailto:mark@markzaid.com]
Sent: Friday, January 21, 2011 11:55
PM
To: 'Eric S. Montalvo'; 'Neal
Puckett'; 'Haytham Faraj'
Subject: RE: Correction to Record
of Military Service (DD Form 214)
I’ll talk to him and see if he’s
interested in us working it.
Do you see this as an hourly or flat rate
case? I don’t know his financial situation.
______________________________________________________________________________
This electronic mail (e-mail) transmission is meant solely for the person(s) to
whom it is addressed. It contains confidential information that may also
be legally privileged. Any copying, dissemination or distribution of the
contents of this e-mail by anyone other than the addressee or his or her agent
for such purposes is strictly prohibited. If you have received this
e-mail in error, please notify me immediately by telephone, facsimile or e-mail
and purge the original and all copies thereof. Thank you.
Mark S. Zaid, Esq.
Mark S. Zaid, P.C.
1250 Connecticut Avenue, N.W.
Suite 200
Washington, D.C. 20036
(202) 454-2809 direct
(202) 330-5610 fax
www.MarkZaid.com
From: Eric S. Montalvo
[mailto:eric@puckettfaraj.com]
Sent: Friday, January 21, 2011
11:41 PM
To: 'Mark S. Zaid'; 'Neal
Puckett'; 'Haytham Faraj'
Subject: RE: Correction to Record
of Military Service (DD Form 214)
Sure…looks like it
will have to be sent to court of claims which costs more than an application.
The board’s answer doesn’t answer the question directly so there may be some
wiggle room but will take some time for me to figure it out. This cant be
the first case like this so finding a comparison case will be helpful….i can do
that as well.
V/r
e
--
Eric S.
Montalvo
Attorney at Law
1800 Diagonal Road
Suite 210
Alexandria, VA 22314
eric@puckettfaraj.com
(703)
706-9566 Phone
(540) 840-7717
Cell
(202) 318-7652 Fax
DC ׀ CA ׀ MI ׀ VA
www.PuckettFaraj.com
Practice is
limited to matters and proceedings before special courts - federal courts -
agencies. Confidentiality / Privilege Notice: This transmission, including
attachments, is intended solely for the use of the designated recipient(s).
This transmission may contain information that is confidential and/or
privileged or otherwise protected from disclosure. The use or disclosure of the
information contained in this transmission for any purpose other than that
intended by its transmittal is strictly prohibited. If you are not an
intended recipient of this transmission, please immediately destroy all copies
received and notify the sender.
From: Mark S. Zaid
[mailto:mark@markzaid.com]
Sent: Friday, January 21, 2011
3:12 PM
To: 'Neal Puckett'; 'Haytham
Faraj'; 'Eric S. Montalvo'
Subject: FW: Correction to Record
of Military Service (DD Form 214)
Take a look. The key doc to summarize
everything is likely the 1st BCMR letter which is the decision.
Something you want to work on with me?
______________________________________________________________________________
This electronic mail (e-mail) transmission is meant solely for the person(s) to
whom it is addressed. It contains confidential information that may also
be legally privileged. Any copying, dissemination or distribution of the
contents of this e-mail by anyone other than the addressee or his or her agent
for such purposes is strictly prohibited. If you have received this
e-mail in error, please notify me immediately by telephone, facsimile or e-mail
and purge the original and all copies thereof. Thank you.
Mark S. Zaid, Esq.
Mark S. Zaid, P.C.
1250 Connecticut Avenue, N.W.
Suite 200
Washington, D.C. 20036
(202) 454-2809 direct
(202) 330-5610 fax
www.MarkZaid.com
From: O'Brien, Michael
M [mailto:Michael.M.O'Brien@dhs.gov]
Sent: Friday, January 21, 2011
2:59 PM
To: Mark S. Zaid
Subject: RE: Correction to Record
of Military Service (DD Form 214)
Mark,
I’ve attached all the documentation I
have. The only thing missing is my original request to the Army Review
Boards Agency. I was so positive my request would be approved I didn’t
bother to make a copy of it.
Mike
From: Mark S. Zaid
[mailto:mark@markzaid.com]
Sent: Friday, January 21, 2011
1:30 PM
To: 'O'Brien, Michael M'
Subject: RE: Correction to Record
of Military Service (DD Form 214)
Michael, can you please send me the denial
letter? Is there any?
______________________________________________________________________________
This electronic mail (e-mail) transmission is meant solely for the person(s) to
whom it is addressed. It contains confidential information that may also
be legally privileged. Any copying, dissemination or distribution of the
contents of this e-mail by anyone other than the addressee or his or her agent
for such purposes is strictly prohibited. If you have received this
e-mail in error, please notify me immediately by telephone, facsimile or e-mail
and purge the original and all copies thereof. Thank you.
Mark S. Zaid, Esq.
Mark S. Zaid, P.C.
1250 Connecticut Avenue, N.W.
Suite 200
Washington, D.C. 20036
(202) 454-2809 direct
(202) 330-5610 fax
www.MarkZaid.com
From: O'Brien, Michael
M [mailto:Michael.M.O'Brien@dhs.gov]
Sent: Friday, January 21, 2011
9:50 AM
To: Mark S. Zaid
Subject: RE: Correction to Record
of Military Service (DD Form 214)
Thanks
From: Mark S. Zaid
[mailto:mark@markzaid.com]
Sent: Friday, January 21, 2011
12:59 AM
To: 'O'Brien, Michael M'
Subject: RE: Correction to Record
of Military Service (DD Form 214)
Thanks for your e-mail Mike, and for your
service to our country. Let me check on this and get back to you shortly.
Mark
______________________________________________________________________________
This electronic mail (e-mail) transmission is meant solely for the person(s) to
whom it is addressed. It contains confidential information that may also
be legally privileged. Any copying, dissemination or distribution of the
contents of this e-mail by anyone other than the addressee or his or her agent
for such purposes is strictly prohibited. If you have received this
e-mail in error, please notify me immediately by telephone, facsimile or e-mail
and purge the original and all copies thereof. Thank you.
Mark S. Zaid, Esq.
Mark S. Zaid, P.C.
1250 Connecticut Avenue, N.W.
Suite 200
Washington, D.C. 20036
(202) 454-2809 direct
(202) 330-5610 fax
www.MarkZaid.com
From: O'Brien, Michael
M [mailto:Michael.M.O'Brien@dhs.gov]
Sent: Thursday, January 20, 2011
2:20 PM
To: Mark@markzaid.com
Subject: Correction to Record of
Military Service (DD Form 214)
Mark,
I was referred to you by Drew Early of the firm Lynch and
Shewmaker. I believe you know Steve Shewmaker.
I graduated from West Point
in 1977 and was discharged from active duty in 1982. However, at the time
I left the service, the Army had a policy of not showing the four years a cadet
spent at the military academy on his DD Form 214. This was primarily
because those years do not count toward military retirement. In 2000, the
Army issued Regulation 635-5, which stipulated wording to be added to the DD
Form 214 showing the four years at West Point
as “active duty,” but not counting toward military retirement. Thinking
this regulation solved the problem, I applied to the Army Review Boards Agency
and was astounded when they refused my request. I wrote to my
Congressman, Jim Moran, whose staff did nothing. I then went to Senator
Jim Webb’s office, and was told they wouldn’t be able to help me.
The reason this issue is sensitive is because I am a Federal
employee. I was recently denied 5-point veterans status on a job
application because my DD Form 214 starts on June 8, 1977 (when I graduated
from West Point), and not July 2, 1973 (when I entered West
Point and began active duty). Because the DD Form 214
doesn’t begin until June 8, 1977, it does not show me as being on active duty
prior to October 14, 1976, the end of the Vietnam era. As a result, I
was not able to compete against other veterans for several GS-15 vacancies to
which I had applied, causing me hardship and loss of income.
I was told you were the go-to lawyer for an issue like
this. Can you help me? Thanks
Mike