Q: If I need to have my discharge upgraded, can I go to Federal Court?
A: Not right away. First you need to apply for correction of military records before the Board for Correction of Military Records and apply to upgrade the discharge before the Discharge Review Board of your particular military service.

Q: What if the military improperly calculated my pay or time in service?
A: This would be a proper subject for the Board for Correction of Military Records. By submitting all the required paperwork to the BCMR, they only have to review the regulations and make the proper mathematical calculations. The board has the authority to direct the military service to correct the records both as to pay and time in service/time in grade issues.

Q: What if the Office of Servicemembers Group Life Insurance (OSGLI) will not pay the lump sum life insurance benefit for my spouse who died in action overseas?
A: Prudential Insurance Company administers SGLI benefits under contract with the Department of Veteran Affairs. If the beneficiary insists upon lump sum benefits, as would be normal with other life insurance policies, then Prudential is supposed to honor this request. Sometimes they contend a reservist does not qualify for SGLI benefits. You may need a lawyer to get them to do the right thing.

Q: May I retain civilian counsel for military justice or separation issues?
A: Yes. Both the UCMJ and the separation regulations of all the services allow civilian counsel in any proceeding where the servicemember may be separated from the service involuntarily. There are special rules, however, if security clearance issues are involved.

Q: How would the attorney fee be determined?
A: SGLI cases can be handled on (1) a contingency fee basis where a percentage is taken out of the money received through settlement or collection of the verdict, plus reimbursement of litigation expenses and costs or (2) a normal hourly rate, plus reimbursement of litigation expenses and costs. All other matters are either handled on a flat fee basis or an hourly rate basis with reimbursement of expenses and costs. This will be determined in consultation with the attorney in the office.