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

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Eric S. Montalvo
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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 1^st BCMR letter which is the decision.

Something you want to work on with me?

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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?

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

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