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 Post subject: Re: oh christ(prob NSFW)
PostPosted: Wed Nov 30, 2011 4:36 pm  
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Obama Zombie
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Yuratuhl wrote:
Send me your contract. I'll tell you if you actually got screwed, or if this was written into a clause. I don't want to be too discouraging here, but government bureaucrats know what they're doing and the thing was probably airtight for them; less so for you.

When I was fighting for my tuition I was working closely with the Army and Marine JAG for consulting and representation because they thought I was entitled to the tuition since it was written into the contract, as was a signing bonus I didn't receive. When I received my discharge it was explained to me that a soldier can be cut for a reason like budgetary constraints... especially since I didn't receive any of the bonuses they had in my contract that just made it easier for them to sever the ties. I had an independent lawyer review all the documentation and he didn't think there was a case since I didn't receive a dishonorable discharge. All in all, we just kinda said it was fun while it lasted (since I got to do a lot of neat shit) but it didn't work out. This was over eight years ago and I've since made due without them and moved on.

Thanks for offering to review the contract tho. It's probably in a box in the attic somewhere and I'm not going through the effort to find it just so you can tell me what everyone else already has.
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 Post subject: Re: oh christ(prob NSFW)
PostPosted: Wed Nov 30, 2011 5:48 pm  
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Querulous Quidnunc
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Eturnalshift wrote:
When I was fighting for my tuition

You weren't "fighting".

Eturnalshift wrote:
I was working closely with the Army and Marine JAG for consulting and representation because they thought I was entitled to the tuition since it was written into the contract, as was a signing bonus I didn't receive.

It's their job to advocate for military issues just like any other public defender. That doesn't make your case any more legit than if you were caught on tape raping an indigenous person. It'd be their job to offer consultation all the same.

Eturnalshift wrote:
When I received my discharge it was explained to me that a soldier can be cut for a reason like budgetary constraints... especially since I didn't receive any of the bonuses they had in my contract that just made it easier for them to sever the ties.

Let me ask you this: Why do you think soldiers should be treated differently than any other public sector employees?

Eturnalshift wrote:
Thanks for offering to review the contract tho. It's probably in a box in the attic somewhere and I'm not going through the effort to find it just so you can tell me what everyone else already has.

Can you cite the protocol that gives you and the enlister the right to unilaterally negotiate extraordinary terms for recruitment?

If not, your contract is invalid because the negotiator never had the authority to sign it.

Eturnalshift wrote:
If the state was investing in me and if I couldn't perform (since most things in the Army/NG are a Go/No-Go) then I think it's fair that I pay them back if asked to. The only thing they could get me to pay back is the cost of equipment which amounted to clothes. All weaponry and other standard issue was provided by, and returned to, the Armory.

Your toys weren't "provided by the Armory", they were provided by taxpayers.

And you're forgetting a very important concept here. Depreciation.

Eturnalshift wrote:
They can't get education costs from me since I never received tuition assistance; no reimbursement, no payment and no GI bill. None of that would've happened since I performed very well - Expert/Sharpshooter on all tests, 270+ on my PT exam and I was selected as Squad Leader for four weeks, as well as being available for first/early response for state needs like disasters.


None of which matters because the government didn't recup its investment.

The TLDR of all this is, "Inflexible demands for personal sacrifice should override all excuses except mine."


Aestu of Bleeding Hollow...

Nihilism is a copout.
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 Post subject: Re: oh christ(prob NSFW)
PostPosted: Wed Nov 30, 2011 8:43 pm  
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Obama Zombie
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Quote:
You weren't "fighting".

How wasn't I?
Quote:
It's their job to advocate for military issues just like any other public defender. That doesn't make your case any more legit than if you were caught on tape raping an indigenous person. It'd be their job to offer consultation all the same.

I'm talking to a law student about reviewing a contract which was already reviewed by the JAG, which is as good as, if not better, than his review. Hell, I even hired another lawyer outside the military to review everything to make sure I wasn't getting forced out illegally. I wasn't saying, "I talked to Military JAG so that makes me more legit." You're an idiot if that's what you took away from that.
Quote:
Why do you think soldiers should be treated differently than any other public sector employees?

Who said I think they should be? If a public sector employee (or anyone) has something written into their contract and if one side of the contract isn't honored then the contract should be reviewed. If not, what's the point of any contract?
Quote:
Can you cite the protocol that gives you and the enlister the right to unilaterally negotiate extraordinary terms for recruitment?

If not, your contract is invalid because the negotiator never had the authority to sign it.

I don't need to know what law gives them the authority to do their job. I'm assuming that my enlistment and contract was approved by someone higher than the SSgt. that came to my house since I did join the military. As far as the tuition being written into the contract, I was advised that all promises be written into the contract. Before I signed anything I ensured that happened. PS: You don't know shit about the situation, the military, enlistment or their protocols - stop trying to second-guess the people who are doing their jobs because you think you know how to do it better.
Quote:
Your toys weren't "provided by the Armory", they were provided by taxpayers.

And you're forgetting a very important concept here. Depreciation.

The Armory is the facility in which the weapons were stored, therefore, when I was issued my weapons and general issue it was provided by the Armory. "Hurhur, but it was provided by the tax payers!" Well, fuck you, stupid. My toys were actually provided by the Federal Reserve because it printed the money the tax payers used to pay taxes on... and the Federal Reserve is beholden to the planet for providing materials to print money. So, my toys were provided to me by Planet-fucking-Earth. Planet-fucking-Earth doesn't depreciate because it's made of matter and that can't be created or destroyed.

The TLDR of all your shit is you don't know what the fuck you're talking about... but you think you do, so that's all that matters.


Last edited by Eturnalshift on Wed Nov 30, 2011 8:52 pm, edited 1 time in total.
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 Post subject: Re: oh christ(prob NSFW)
PostPosted: Wed Nov 30, 2011 8:47 pm  
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MegaFaggot 5000
Joined: Mon Aug 27, 2007 11:39 pm
Posts: 4804
Location: Cinci, OH
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Aestu's been back for what... a couple hours?


RETIRED.
[armory loc="US,Bleeding Hollow"]Mayonaise[/armory]
[armory loc="US,Bleeding Hollow"]Jerkonaise[/armory]
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 Post subject: Re: oh christ(prob NSFW)
PostPosted: Wed Nov 30, 2011 8:51 pm  
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Querulous Quidnunc
Joined: Thu May 13, 2010 3:18 pm
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the threads he hasn't gotten to yet are still pretty productive.


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 Post subject: Re: oh christ(prob NSFW)
PostPosted: Wed Nov 30, 2011 8:54 pm  
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MegaFaggot 5000
Joined: Mon Aug 27, 2007 11:39 pm
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Its ok. Once I start giving out warnings and he goes all "fight the power!" on me, he's gone forever.


RETIRED.
[armory loc="US,Bleeding Hollow"]Mayonaise[/armory]
[armory loc="US,Bleeding Hollow"]Jerkonaise[/armory]
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 Post subject: Re: oh christ(prob NSFW)
PostPosted: Wed Nov 30, 2011 8:57 pm  
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Querulous Quidnunc
Joined: Thu May 13, 2010 3:18 pm
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OCCUPY FUBU.

So i read an article about how, after the raids on OWS camps, the OWS people are doing smaller things for now, and then are really gonna go nuts at the DNC and RNC next year.

Should hopefully be interesting. I may go to the DNC in charlotte next year, see the sights.


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 Post subject: Re: oh christ(prob NSFW)
PostPosted: Wed Nov 30, 2011 9:31 pm  
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French Faggot
Joined: Tue Jun 10, 2008 1:15 pm
Posts: 5227
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Eturnalshift wrote:
When I was fighting for my tuition I was working closely with the Army and Marine JAG for consulting and representation because they thought I was entitled to the tuition since it was written into the contract, as was a signing bonus I didn't receive. When I received my discharge it was explained to me that a soldier can be cut for a reason like budgetary constraints... especially since I didn't receive any of the bonuses they had in my contract that just made it easier for them to sever the ties. I had an independent lawyer review all the documentation and he didn't think there was a case since I didn't receive a dishonorable discharge. All in all, we just kinda said it was fun while it lasted (since I got to do a lot of neat shit) but it didn't work out. This was over eight years ago and I've since made due without them and moved on.

Thanks for offering to review the contract tho. It's probably in a box in the attic somewhere and I'm not going through the effort to find it just so you can tell me what everyone else already has.


Yeah I mean the statute of limitations is long passed at this point so it's not like reviewing it would have done you any more good (or bad) than it's already done. From the sound of it, based on what the non-JAG lawyer said, an honorable discharge was all it took to effectively meet the terms of the contract. It's pretty trashy but probably also legit.

Wouldn't want you to actually look through old boxes for that nonsense.

Edit: I'm probably gonna check out the NYC OWS tomorrow, USD. Now that class is over.


If destruction exists, we must destroy everything.
Shuruppak Yuratuhl
Slaad Shrpk Breizh
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 Post subject: Re: oh christ(prob NSFW)
PostPosted: Wed Nov 30, 2011 9:45 pm  
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Joined: Thu May 13, 2010 12:19 pm
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Mns wrote:
Its ok. Once I start giving out warnings and he goes all "fight the power!" on me, he's gone forever.


If that is your intent then save the tough talk and ban me now. There's a difference between going "fight the power"...of some fat loser who mods a board with about 20 users...and ignoring the brat utterly. Your vitrol won't impress me, and it won't affect any change in what I say or do. I simply don't care.

Actually, I think I'll make you my first foe on this board.

EDIT: "You cannot add administrators and moderators to your foes list.". Doh.


Aestu of Bleeding Hollow...

Nihilism is a copout.


Last edited by Aestu on Wed Nov 30, 2011 9:48 pm, edited 3 times in total.
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 Post subject: Re: oh christ(prob NSFW)
PostPosted: Wed Nov 30, 2011 9:46 pm  
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Obama Zombie
Joined: Fri May 14, 2010 1:48 pm
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Aestu wrote:
Mns wrote:
Its ok. Once I start giving out warnings and he goes all "fight the power!" on me, he's gone forever.


There's a difference between going "fight the power"...of some fat loser who mods a board with about 20 users...and ignoring the brat utterly.

If that is your intent then save the tough talk and ban me now. Or just shut up.

Saving...
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 Post subject: Re: oh christ(prob NSFW)
PostPosted: Wed Nov 30, 2011 9:48 pm  
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French Faggot
Joined: Tue Jun 10, 2008 1:15 pm
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I'm not letting this escalate in this thread. No one will be taking any action. Shut the fuck up and get back to the discussion at hand, or change it to something else. I don't want to hear about moderation.


If destruction exists, we must destroy everything.
Shuruppak Yuratuhl
Slaad Shrpk Breizh
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 Post subject: Re: oh christ(prob NSFW)
PostPosted: Wed Nov 30, 2011 9:55 pm  
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Querulous Quidnunc
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Eturnalshift wrote:
Quote:
You weren't "fighting".

How wasn't I?


You're using the word "fighting" in a military context trying to establish a certain cadence. In this case, though, not only is it not literally true, it's also a faulty metaphor since the intent was to take the path of least resistance - i.e., get the freebie rather than work for what you want or take out a loan.

Eturnalshift wrote:
I'm talking to a law student about reviewing a contract which was already reviewed by the JAG, which is as good as, if not better, than his review. Hell, I even hired another lawyer outside the military to review everything to make sure I wasn't getting forced out illegally. I wasn't saying, "I talked to Military JAG so that makes me more legit." You're an idiot if that's what you took away from that.


So? Adds up to the same thing which is just talking to people, something that has no bearing on the merits of your claim.

Eturnalshift wrote:
Who said I think they should be? If a public sector employee (or anyone) has something written into their contract and if one side of the contract isn't honored then the contract should be reviewed. If not, what's the point of any contract?


So you don't think bureaucrats, tenured liberal arts professors and other useless govt people should be fired for "budgetary constraints"?

Isn't that how you think the budget deficit is best fixed...by firing government personnel, closing agencies, etc? Isn't that your criticism of the Greeks and other EU people, a bunch of govt people bitching about their perceived entitlement to a paycheck? How are you different?

Eturnalshift wrote:
I don't need to know what law gives them the authority to do their job. I'm assuming that my enlistment and contract was approved by someone higher than the SSgt. that came to my house since I did join the military. As far as the tuition being written into the contract, I was advised that all promises be written into the contract. Before I signed anything I ensured that happened. PS: You don't know shit about the situation, the military, enlistment or their protocols - stop trying to second-guess the people who are doing their jobs because you think you know how to do it better.


If I don't know then enlighten me. If you don't know then you have no case. A contract isn't valid if the signer never had the authority to make the claims he did.

Eturnalshift wrote:
The Armory is the facility in which the weapons were stored, therefore, when I was issued my weapons and general issue it was provided by the Armory. "Hurhur, but it was provided by the tax payers!" Well, fuck you, stupid. My toys were actually provided by the Federal Reserve because it printed the money the tax payers used to pay taxes on... and the Federal Reserve is beholden to the planet for providing materials to print money. So, my toys were provided to me by Planet-fucking-Earth. Planet-fucking-Earth doesn't depreciate because it's made of matter and that can't be created or destroyed.


Entropy. Can't destroy matter, but can put it beyond use. Thousands of years ago, gold was much more abundant than it is today; a lot has been lost over the centuries to irrecoverable loss every time it's melted down, etc.

Anyway, the point stands. Taxpayers paid for that shit. Guns have to eventually be replaced. From an accounting perspective, using the guns costs money. Military chest-beaters pretend their shit comes out of thin air.

Eturnalshift wrote:
The TLDR of all your shit is you don't know what the fuck you're talking about... but you think you do, so that's all that matters.


In what respect don't I? I've stuck entirely to your own claims. I haven't introduced any claims of my own, merely pointed out flaws in your reasoning.


Aestu of Bleeding Hollow...

Nihilism is a copout.
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 Post subject: Re: oh christ(prob NSFW)
PostPosted: Wed Nov 30, 2011 10:12 pm  
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Querulous Quidnunc
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 Post subject: Re: oh christ(prob NSFW)
PostPosted: Wed Nov 30, 2011 10:27 pm  
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French Faggot
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Aestu wrote:
If I don't know then enlighten me. If you don't know then you have no case. A contract isn't valid if the signer never had the authority to make the claims he did.


An offer, if accepted, is enforceable. The offeror doesn't have to sign anything more, provided there's proof that he made the offer in the first place. Something as simple as letterhead is the equivalent to a signature.

The military makes the offer. One way or another, there was a counteroffer (unlikely since you usually don't negotiate with the government) and an acceptance (Eturnal signing up to wave his gun wherever he did his gun-waving, I'm not sure he ever said). The contract is valid at this point.

You can argue with him on your other points, but a contract for military service is valid.


If destruction exists, we must destroy everything.
Shuruppak Yuratuhl
Slaad Shrpk Breizh
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 Post subject: Re: oh christ(prob NSFW)
PostPosted: Wed Nov 30, 2011 10:28 pm  
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Querulous Quidnunc
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So if the recruitment guy, on his own authority, offers him ten million dollars, or extraordinary waiving of other conditions (such as drug use/criminal history), that would be considered valid? Blank check?

Where do you draw the line?


Aestu of Bleeding Hollow...

Nihilism is a copout.
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