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To: Chad Fairbanks
If he's going up against the BCMR...

I think that's already been settled and done. Remember, the article I linked was posted in '97. I haven't found anything that's more current, other than what's going on this week.

What Loomis is doing now is taking the case to US Court of Federal Claims, apparently on the basis of the SCOTUS ruling in Lawrence v. Texas.


113 posted on 07/08/2003 4:57:19 PM PDT by Sabertooth
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To: Sabertooth
Right, I understand that - however, what I am saying is that the avenue he took was to go to the BCMR. With the BCMR, there was no way to get his courtsmartial overturned, expunged, or anything like that - I just confirmed my initial understanding, which is that the BCMR can ONLY upgrade discharges.

By going the BCMR route, he was trying to get his discharge upgraded to Honorable, so that he would be eligible for benefits immediately. The BCMR cannot say "He was wrongly discharged, so let him back in." but they CAN, and have been know to, say "He was discharged unfairly, so let's change the type he received." That is all. They can really do no more than that.

There is also a time limit to going the BCMR route, which is something like 6-10 years - after that, it's SOL...

It appears (and I may be wrong) that his Discharge was reviews by the BCMR, and they determined that they should not upgrade or otherwise change the type of discharge he received. He most likely appealed, and was also shot down.

Now, he sees an opening - the Lawrence Case. THe only thing he can really sue for is the "correction" of his record, i.e. the discharge.

And if, somehow, he gets it changed through the courts (which in all hoensty I doubt they will interfere and his discharge will stay as it is), then he qualifies for the benefits NOW, instead of when he is 60...

115 posted on 07/08/2003 5:04:41 PM PDT by Chad Fairbanks (There's no place like 192.0.0.1 There's no place like 192.0.0.1 There's no place like...)
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