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Complaint in Federal District Court for a Mandatory Injunction to Prevent the Substitution of an Honorable Discharge for Invalid, Punitive Court - Martial Ordered Discharge

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Description

Injunctive relief consists of a court order called an injunction, requiring an individual to do or not do a specific action. It is an extraordinary remedy that courts utilize in special cases where preservation of the status quo or taking some specific action is required in order to prevent possible injustice. For example, in a custody case, an injunction may be used to prevent a party from removing a child from the country. Injunctive relief is an equitable remedy granted when money damages are not able to compensate the plaintiff's violation of rights if an injunction is not granted. Failure to comply with a notice of an injunction is punishable by being held in contempt of court.


Mandamus is an order to a public agency or governmental body to perform an act required by law when it has neglected or refused to do so. A person may petition for a writ of mandamus when an official has refused to fulfill a legal obligation, such as ordering an agency to release public records.

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  • Preview Complaint in Federal District Court for a Mandatory Injunction to Prevent the Substitution of an Honorable Discharge for Invalid, Punitive Court - Martial Ordered Discharge
  • Preview Complaint in Federal District Court for a Mandatory Injunction to Prevent the Substitution of an Honorable Discharge for Invalid, Punitive Court - Martial Ordered Discharge
  • Preview Complaint in Federal District Court for a Mandatory Injunction to Prevent the Substitution of an Honorable Discharge for Invalid, Punitive Court - Martial Ordered Discharge

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FAQ

A legal doctrine that prevents people who are injured as a result of military service from successfully suing the federal government under the Federal Tort Claims Act.Also known as the Feres-Stencel doctrine or the Feres rule.

You can obtain an Army honorable discharge simply by fulfilling your enlistment commitment. You may also be discharged for falling short of Army standards, failing basic training, committing a major infraction of Army rules or an outright crime.

Other-Than-Honorable Conditions Discharge In most cases, veterans who receive an other-than-honorable discharge cannot re-enlist in the Armed Forces or reserves, except under very rare circumstances. Veterans benefits are not usually available to those discharged through this type of discharge.

Veterans with this character of service are eligible for all benefits through the VA, such as disability pay, education benefits, and healthcare benefits. Veterans must have an honorable discharge to receive education benefits through the Post-9/11 GI Bill or Montgomery GI Bill.

Military Pay Claims at the U.S. Court of Federal Claims Federal law allows you to sue the U.S. government for payment of money as a result of the wrongful discharge, improper retirement, denial of promotion, service-related disability, and incorrect military records under some circumstances.

In exchange for getting off active duty early, servicemembers agree to serve double the time left on their contract in the Air National Guard. Other branches may have similar programs that allow active duty members off early in exchange for transitioning into the Guard or Reserves.

Here is a list of most types of military discharges: 1 honorable discharge; 2 general discharge under honorable conditions; 3 other than honorable (OTH) discharge; 4 bad conduct discharge (issued by special court-martial or general court-martial); 5 dishonorable discharge; 6 entry-level separation; 7

Think of the military as any big company if that company is responsible for a wrong you have suffered, you are generally able to seek financial compensation. Unfortunately, most active duty members of the military CANNOT sue the military.

No you cannot sue the military since it's protected from frivolous lawsuits like this under the Ferres Doctrine - otherwise every individual with hurt feelings would be filing lawsuits and bury the military in this nonsense.

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Complaint in Federal District Court for a Mandatory Injunction to Prevent the Substitution of an Honorable Discharge for Invalid, Punitive Court - Martial Ordered Discharge