Law Enforcement Officers Safety Act LEOSA September 06 2017, 0 Comments

THIS INFORMATION SHOULD NOT BE CONSTRUED AS LEGAL ADVICE. YOU SHOULD STRONGLY CONSIDER THE BENEFITS OF CONSULTING WITH A TRAINED LEGAL PROFESSIONAL

Law enforcement officers must protect themselves and their families with their federal right to concealed carry codified into federal law by Presidents Bush and Obama.  LEOSA also known commonly as HR 218 has been ignored in too many jurisdictions but caselaw has defended it, namely a Federal Court of Appeals decision in Duberry v. DC.  We'll be presenting information on this development and more in an upcoming November 2017 seminar

H.R. 218-LEOSA
National Concealed Carry
OFF-DUTY FIREARMS CARRY FOR QUALIFIED/RETIRED LAW ENFORCEMENT OFFICERS
This four hour seminar will discuss and explore the numerous decisions, federal guidance, and history of the Law Enforcement Officers Safety Act of 2003 and its 2010 and 2013 amendments (commonly known as "H.R. 218" or "LEOSA") to help agencies, officers, retired officers, and civilian government officials better understand:
• Who can carry firearms nationwide?
• What firearms, ammunition, and magazines can be carried?
• When can qualified LEOs and qualified retired LEOs carry?
• Where concealed firearms can be legally be carried?
• Why can qualified LEOs and qualified retired LEOs carry?
• Whether your agency has any potential civil liability?
Who should attend:
• Police Executives, Directors, Police Chiefs & Supervisors
• Firearms Instructors
• LEOs who travel outside their jurisdiction
• Retiring & Retired LEOs
Come find out how to protect or establish your right to concealed carry as a qualified LEO or as a qualified retired LEO.
REGISTRATION DETAILS http://hr218leosa.com/?page=register
Rockland County Police Academy
35 Firemen's Memorial Drive
Pomona, NY 10970
Date: Nov. 4, 2017 In advance via Internet $65.00
10:00 am to 3:00 pm At the door $80.00
35 miles north of Newark, NJ (Seminar Materials Included)
Presenter
Thomas Roughneen, Esq.
Thomas Roughneen is:
A firearms attorney,
former Assistant Prosecutor,
Veteran Army JAG
National Guard Lieutenant Colonel, and a combat veteran.
He has as advised and defended LEOs against criminal charges involving HR 218.
DISCLAIMER: The views expressed in this seminar are
those of the presenter and do not reflect the official policy or position of the NJ Army National Guard, U.S.
Army, Department of Defense or the U.S. Government.
Visit our website to get on our contact list: http://hr218leosa.com/?page=contact
Can’t attend?
You can order our seminar

- VETERANS CAN APPLY FOR DISCHARGE UPGRADES BASED ON CERTAIN BEHAVIORAL HEALTH ISSUES December 29 2014, 0 Comments

http://arba.army.pentagon.mil/adrb-ptsd.cfm

Congress Passes Benefits for Benefits Who Apply for discharge Upgrades for Certain Behavioral Health Issues

http://www.armytimes.com/story/military/careers/army/2014/12/17/veterans-can-apply-to-upgrade-discharge-for-ptsd/20529495/

Army Times Story:

A special web page has been launched to assist veterans seeking to upgrade punitive discharges related to behavior problems caused by post-traumatic stress.

The web page provides information and applications to seek an upgrade to discharge from service. The page can be found at http://arba.army.pentagon.mil/adrb-ptsd.cfm.

It follows a recent directive to the Army's Review Boards Agency to give liberal consideration to requests for discharge upgrades from veterans who say they were kicked out of service because of problems related to PTSD.

Thousands of Vietnam-era soldiers may have been given punitive discharges because they suffered from PTSD before it was recognized as a debilitating medical condition, Defense Secretary Chuck Hagel acknowledged in September. .

The ARBA is the Army's highest level of administrative review for personnel actions taken by lower level organizations, and is comprised of several boards for considering the claims of soldiers and former soldiers who appeal unfavorable information in their personnel records.

Discharge upgrades are important because they are linked to benefits available through Veterans Affairs, such as treating PTSD-related symptoms, according to information provided by the Army.

The Army could not provide an estimate of how many applications it will receive as a result of the outreach campaign.

However, a class action suit brought by veterans groups, including the Vietnam Veterans of America, estimates that one third of the 250,000 other-than-honorable discharges issued to Vietnam-era veterans may have been PTSD-related.

Veterans who previously were denied an upgrade can re-apply under the new guidance, and the Army Board for Correction of Military Records will consider the application a new case, according to the Army.

The new guidance only applies to veterans who received "other than honorable" discharges.It does not apply to veterans who received less than honorable or dishonorable discharges because of serious infractions.

Components of the Review Boards Agency include the Army Board for Correction of Military Records, the Army Discharge Review Board and the Army Grade Determination Review Board.

- DOD WILLING TO REVIEW DISCHARGES OF VIETNAM ERA VETS WITH PTSD September 11 2014, 0 Comments

The Pentagon has announced a new rule that applies to all vets with discharges prior to the formal recognition of PTSD in 1980.  Under this new rule, the DoD will reconsider the bad-paper discharges of thousands of Vietnam-era veterans who may have suffered combat-related post-traumatic stress disorder (PTSD) but were kicked out of the military in a time before that became a diagnosable condition.  The rule announced September 3, 2014, said Veterans will be given "liberal consideration" if they seek to correct their military records and provide some evidence that a PTSD diagnosis existed during their service.  The new guidance focuses on minor misconduct that may have led to administrative discharges and is unlikely to affect those court-martialed for serious misconduct and kicked out with bad-conduct or dishonorable discharge.

In order to correct service records, it is important to hire a law firm dedicated to serving members of the military in filing a petition before the Army's and Air Force's Boards for Correction of Military Records and the Board for Correction of Naval Records.

- USERRA LAW IN ACTION: UNITED AIRLINES SETTLES FEDERAL CASE June 17 2014, 0 Comments

A U.S. District Judge in Denver, Colo., has approved a $6.15 million class action settlement between United Airlines and 1,160 United pilots who served in the military from 2000 to 2010—resulting in one of the largest reported payments in U.S. history to resolve a claim brought under the federal veterans’ reemployment rights law, known as the Uniformed Services Employment and Reemployment Rights Act or USERRA.

U.S. District Judge William J. Martinez in Colorado signed off on the settlement Tuesday, saying it should serve as a model in similar cases across the country.

The money paid by the Chicago-based airline will go into an account that will be disbursed to the estimated 1,160 United pilots who also served overseas between 2000 and 2010 and received less money in their pension accounts than the law requires, defense attorneys alleged. The lawsuit was originally brought by James D. Tuten, an 18-year pilot with United who lives in Colorado. Tuten served three tours with the U.S. Air Force during that period, leaving United in 2006, 2009 and 2010, according to the lawsuit.

During those periods of leave, contributions were made per company policy to Tuten’s retirement account based on the minimum number of monthly flight hours required under United’s contract with its pilots. The Spokane attorneys argued that Tuten and other veterans should have received monthly contributions totaling the average of their previous 12 payments prior to deploying.

USERRA

The Department of Labor requires all Employers to provide notice of individual rights under USERRA. An example of that notice can be seen here.  



- LONGSHOREMAN JOBS FOR VETERANS May 24 2014, 0 Comments

- SOLDIER FILES FEDERAL LAWSUIT SEEKING MEDICAL RETIREMENT May 02 2014, 0 Comments

AFTER ABCMR DENIAL, NATIONAL GUARDSMAN FILES FEDERAL LAWSUIT FOR MEDICAL RETIREMENT

William Cowles, who served more than 20 years as an Army National Guardsman, has filed a federal lawsuit seeking to have his discharge changed to medical retirement.  The lawsuit asserts that the Army hastily discharged Cowles based on an erroneous diagnosis of Adjustment Disorder when he should have been diagnosed with post-traumatic stress disorder (PTSD).   Furthermore, the lawsuit challenges the illegal denial of Cowle’s application for medical retirement.  Last year, the ABCMR, denied Cowle’s petition to correct his discharge to medical retirement.

Recent reports indicate that thousands of Veterans have been wrongfully discharged for alleged personality or adjustment disorders when many of these men and women suffer from PTSD.  The Government Accountability Office, members of Congress, and Vietnam Veterans of America have criticized the Army for discharging more than 30,000 people since September 11, 2001 in violation of DoD procedural protections for service members based on erroneous diagnosis of Adjustment Disorder and Personality Disorder.  Cowles is believed to be the first to seek redress in federal court.

Soldier’s Appeal Rights

Here is a list of the avenues for appeal available to an Army Veteran

1. U.S. Army Physical Disability Agency (PDA)
2. U.S. Army Physical Disability Appeal Board (APDAB)
3. U.S. Army Disability Rating Review Board
4. U.S. Army Board for Correction of Military Records (ABCMR)
5. U.S. Court of Federal Claims
6. U.S. District Courts
7. Secretary of the Army - DOD/Congress/President

            * Appeals not require to be in this order

- RESERVE SOLDIERS STUCK IN MILITARY DISABILITY SYSTEM April 14 2014, 0 Comments

Why does it take so long for disability military, Reserve, National Guard and Active Duty, to proceed through MEBs and PEBs?