Re: What do you guys make of this? Anything to do?

Neal

Neal A. Puckett, Esq
LtCol, USMC (Ret)
Puckett & Faraj, PC
1800 Diagonal Rd, Suite 210
Alexandria, VA 22314
703.706.9566
www.puckettfaraj.com

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On Jan 21, 2011, at 8:31 AM, eric@puckettfaraj.com wrote:

Denial will say why
Suspect may not be retroactive
Get denial letter and that will provide direction
He can resubmit if needed
Should do so with an attorney

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From: "Mark S. Zaid" <mark@markzaid.com>

Date: Fri, 21 Jan 2011 00:59:34 -0500

To: 'Neal Puckett'<neal@puckettfaraj.com>; 'Haytham Faraj'<haytham@puckettfaraj.com>; 'Eric S. Montalvo'<eric@puckettfaraj.com>

Subject: What do you guys make of this? Anything to do?

I received the following from a potential client:

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.

Thoughts?

Mark

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Mark S. Zaid, Esq.
Mark S. Zaid, P.C.
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