Attorney Paul Tennison Tag Archives

Understanding the Uniformed Services Former Spouses’ Protection Act

December 20, 2020 | by Cole Law Group, PC

Military Law Attorney Paul Tennison

Many current or former service members and their current or former spouses are generally aware of the Uniformed Services Former Spouses’ Protection Act. However, from my experience in working with military family law matters, it is an area of law that many people misunderstand. The purpose of this article is to help members and former spouses better understand their rights and obligations under the “USFSPA”.

The Uniformed Services Former Spouses’ Protection Act is a federal law codified at 10 U.S.C. § 1408, et. seq. The Act gives state courts the authority to treat disposable retired pay as property of the member and spouse in divorce. In the definitions section of the Act, the law specifies that only “disposable retired pay” as defined in the act is divisible. The Act prescribes important limitations, i.e. it only applies when the spouse or former spouse was married to the service member for at least ten years during which time the member performed at least ten years of service creditable for retired pay. The law does not authorize courts to order any member to apply for retirement at any specific time. All payments under the USFSPA cannot exceed 50 percent of the disposable retired pay of a member. If there is more than one court order, they are satisfied on a “first-come, first-served basis”.

The 5 Best Ways to Present Persuasive Disability Evidence

November 2, 2020 | by Cole Law Group, PC

Many service members understand the frustration of being wrongfully denied disability compensation from the Veterans Administration. In my experience I have observed veterans who became frustrated with the process and ultimately gave up. This is most unfortunate. If you have suffered an injury or illness due to your military service, you should be compensated under federal law. However, the failure of many service members to understand the VA system can cause self-inflicted problems.

I recommend the following five best ways to present persuasive disability evidence as an effective strategy:

Recognize your mission and ensure that everything you submit helps further your mission.

My Story: Military Challenge Coins After a Decade in the Army

September 22, 2020 | by Cole Law Group, PC

Collecting military challenge coins is something that service members understand. However, those outside the military may have never seen them before or comprehend their unique history. Many purposes are served by challenge coins in the military. One is to reward exceptional performance during training or combat operations. Rewarding excellence is commonly utilized among military leaders to incentivize excellence and raise the morale of a unit. At other times coins are awarded to all service members involved in a particular unit or mission. This shows that each Solider awarded the coin belongs to that unit or contributed to the mission. When I see a military challenge coin, I try to identify the unit, operation, or other insignia to determine if I recognize those features.

I was unaware of the traditions of military challenge coins until I arrived at West Point. As a cadet at the United States Military Academy, I often interacted with Army officers and senior non-commissioned officers who had on their desk or in their office a large collection of military challenge coins. I would sometimes recognize the unit insignia of a well known Army unit or a combat operation or training center that was displayed on a specific coin.

I distinctly remember the first time I was personally awarded a military challenge coin. As a cadet, I volunteered to be on the Color Guard during my sophomore year. As part of my Color Guard duties that year, I often carried general officer flags during parades. One day, as I was performing that duty for the Commandant of Cadets, Brigadier General Robert L. Caslen, the General surprised me by shaking my hand and thanking me for doing an excellent job in performing my duties. He presented me with a coin bearing one star and the West Point insignia that to this day is the military challenge coin of the highest rank that I have been awarded.

How Do I Request a Military Discharge Upgrade?

February 10, 2020 | by Cole Law Group, PC

Attorney Paul Tennison accepting command of Battery B in Poland on August 15, 2019

A military discharge upgrade can be an important step in the life of a veteran who believes that he or she received a lower discharge than what was deserved. Various federal and state benefits are available only to veterans who were discharged at an acceptable level. The best discharge is an Honorable discharge, which should enable the veteran to access all benefits. General Discharge Under Honorable Conditions is the second highest level. Other Than Honorable Conditions Discharge is the third level, while a Bad Conduct Discharge is the fourth. Dishonorable is the lowest level of discharge and is reserved for those convicted of serious crimes while in the military. Veterans who receive a Dishonorable Discharge forfeit all benefits, cannot lawfully possess a firearm, and forfeit their right to vote. For more information about types of military discharges, you should refer to this article.¹

Fortunately, U.S. federal law allows veterans to request a higher-level discharge through one of two record-correction boards. Within 15 years of discharge, veterans may apply to a Discharge Review Board (DRB) using form DD-293. Importantly, DRBs may not make a discharge worse nor can they overturn a court-martial decision. If a discharge occurred more than 15 years ago, a veteran can apply to the Board for Correction of Military Records (BCMR). Veterans should apply to the BCMR within 3 years of discovering the error or injustice they are asking the board to fix using form DD-149. BCMRs also cannot make a discharge worse or override a court-martial conviction.

What Military Servicemembers Should Know About Non-Judicial Punishment

January 9, 2020 | by Cole Law Group, PC

Military Law Attorney Paul Tennison

You may have heard about Article 15 of the Uniform Code of Military Justice (“UCMJ”). Servicemembers experienced in the realm of military justice may reference Article 15 punishment under numerous terms: punishment by the commander, non-judicial punishment (“NJP”), getting ninja punched, captain’s mast, or admiral’s mast. Essentially an Article 15 proceeding is where a commanding officer determines if a military member has committed a relatively minor infraction of the rules governing military servicemembers. In my Army service I have witnessed Article 15s for many different circumstances, including soldiers being repeatedly late to formation, a soldier being absent without leave (“AWOL”) for a short period of time, a soldier reporting drunk to duty, a soldier involved in a bar fight, a soldier that got a DUI, a soldier breaking curfew, insubordination, and a soldier falling asleep while on guard duty. More serious crimes under the UCMJ will go straight to a court-martial and not be adjudicated under Article 15. Article 15 proceedings are much more common than courts-martial.

The Uniform Code of Military Justice is the law that applies to U.S. military servicemembers.¹ This includes all branches of the uniformed services in the United States: Army, Navy, Marine Corps, Air Force, and the Coast Guard. However, the UCMJ does not apply in all circumstances. For example, National Guard and Air Guard Soldiers are only subject to the UCMJ when activated in a federal capacity. Military reserve components, servicemembers, and service academy cadets are governed by the UCMJ. ROTC cadets are exempted from the UCMJ even while on active duty for training.²

Where In The World Is Attorney Paul Tennison?

October 2, 2019 | by Cole Law Group, PC

For those of you who have read Paul’s blogs, worked with him on a case, or wish to retain him as your counsel regarding a military law matter, you may have noticed that he has recently been absent from the office. As noted in his attorney profile on our website, Paul attended the United States Military Academy at West Point and subsequently gained extensive military experience that included challenging training exercises overseas in Korea and Germany. He then received his Juris Doctor from Vanderbilt Law while continuing to serve our country as an officer in the Tennessee Army National Guard. Upon passing the Tennessee Bar, Paul joined Cole Law Group as an associate attorney and pursued his passion to build a military law practice to serve military members as well as veterans.

This summer Paul was called up for active duty by the U.S. Army and deployed to Bemowo Piskie, Poland, where he is currently in command of 105 soldiers in support of NATO’s Enhanced Forward Presence (eFP) Battle Group Poland. The eFP provides a responsive and flexible military capability to respond to any aggressive act as part of NATO’s overall deterrence and defensive posture.

Battle Group Poland is a multinational battle group, comprised of U.S., U.K., Croatian and Romanian soldiers that will serve alongside the host nation’s 15th Mechanized Brigade as a defense and deterrence force.

What is the Physical Disability Review Board (PDRB)?

June 3, 2019 | by Cole Law Group, PC

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Attorney Paul Tennison Active Duty

The Physical Disability Review Board was created by federal law with the passage of the Dignified Treatment of Wounded Warriors Act in 2008. The DTWWA made several significant changes to the care of wounded veterans. First, the law required the military branches to use the same disability determination rating scale as that used by the VA. Second, the law expanded the care available to injured service members after their military service. This included changes in treatment in military and civilian facilities for a variety of conditions, including Traumatic Brain Injury (TBI) and Post-Traumatic Stress Disorder (PTSD). Third, the new law required comprehensive plans to address TBI and PTSD. Fourth, the law directed the Secretary of the Department of Defense (DoD) to establish physical disability review boards to review disability determinations meeting certain criteria and timeline requirements. The law also addressed the quality of housing provided to patients by requiring improved standards.¹

After the law passed, the DoD issued instruction 6040.44 which “establish[ed] policies, assign[ed] responsibilities, and provide[d] procedures for PDBR operation and management as required by section 1554a of Title 10, United States Code.”² The PDBR’s mandate is to: “reassess the accuracy and fairness of the combined disability ratings assigned former service members” who meet certain criteria.³ Those criteria are summarized here: