Dd 149 Form 2023

Dd 149 2023 Form: What You Should Know

If you are an applicant or have a DD Form 149 as your record, but you think that your discharge may be in error, I encourage you to find an experienced attorney who understands the rules set for you by the Board for Correction of Military Records. My client is not on the Board now, but I have represented many military discharge upgrade plaintiffs. A civilian law firm was paid and is working on my contingency of about one or two thousand dollars. A lot of the time, when I am involved, a discharged military person is the plaintiff. They are not “the plaintiff” in the case, but they are represented by their Air Force discharge upgrade attorneys and the parties can negotiate the terms of that representation depending on circumstances. I usually suggest that a litigant do so because attorneys are paid by their “federal cases.” A lot of lawyers are very well-known in “non-federal cases,” so it is not an easy decision. In most cases, a judge will be notified of any discharge upgrade, but there is usually no written notice. What is the right thing to do? It depends. There is a legal principle called “remedial relief” that provides a person the right to recover a balance of money in excess of damages and to be eligible for a special “general compensatory remedy.” The principle of recovery is that the damages are to be recovered. So, if a person is paid 20 million and has a 2 million recovery, the court would find that the proper thing to do is to award a lump sum recovery at least in the 20 million. That is what happened in this case. The defense attorney who filed the motion for an upgrade on behalf of the Plaintiff alleged that the plaintiff was not entitled to the special “general compensatory remedy” and that the Plaintiff would have to “prove” that 20 million was “grossly excessive.” The court agreed that there was a legal basis for seeking an enhanced compensatory award as well as a cause of action or defense to the complaint. The court granted the defense's motion.

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