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Military Law Questions & Answers

Q: I am a Private in the Marine Corps who has been in for eleven and a half months. I am being processed for AdSep

1 Answer | Asked in Military Law for California on Nov 16, 2014

Answered on Nov 28, 2014

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Andy Chen's answer
If you've been caught drinking multiple times before, failed rehab several times, and don't believe that alcohol dependence is a problem of yours, I'd say your odds of changing the Army's mind is pretty slim. Your reputation might be sullied beyond repair already.

Ultimately, if the military believes that you are not or won't be a good soldier, then they can get rid of you at any time for any reason.

Andy

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Q: If my roommate has military orders to leave the state. shes on the lease is the lease void

1 Answer | Asked in Military Law for Alaska on Apr 29, 2014

Answered on May 13, 2014

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William E. Scully Jr.'s answer
The lease is not void. She can, however, get out of the lease. She has to provide the proper notice to the landlord, and she has to provide copies of the military orders. This, however, does not necessarily get YOU out of the lease. Check your written lease and see if there is a provision in it that allows you out of the lease. Probably not. See if you can find another roommate. Talk to the landlord and see if he or she can help. Good luck.

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Q: I am in the military my daughters mother is taking me back for more child support, can my housing allowance and clothing...

1 Answer | Asked in Military Law for Alabama on May 13, 2013

Answered on May 13, 2014

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William E. Scully Jr.'s answer
Yes. In Alabama your BAH and BAS are included in your income in determining what an appropriate level of child support is. Rule 32 of the Alabama Rules of Judicial Administration governs child support. Here's a link to that rule: http://www.alacourt.gov/pdfppt/arjarule32.pdf Take a look at section (B)(4). There is also case law in Alabama that I don't have time to look up right now.

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Q: Can a married soldier be in a singe soldier room

1 Answer | Asked in Military Law for Alabama on Apr 7, 2014

Answered on Apr 10, 2014

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William E. Scully Jr.'s answer
Maybe. Maybe not. I can't tell very much from the pitiably small amount of information you have provided. It sounds to me like the 'married soldier,' (I'm guessing that's you) is in trouble for being in the barracks room of the 'single soldier.' One of the things about being in the military is that there are a whole lot of things that can be illegal that aren't illegal for the rest of humanity. The Uniform Code of Military Justice is a list of laws that soldiers are expected to abide by....

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Q: Can a Navy mother get full custody if she feels the father is not proving the best interest of the children?

1 Answer | Asked in Military Law for Alabama on Feb 20, 2014

Answered on Apr 4, 2014

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William E. Scully Jr.'s answer
Changing a custody arrangement once it has been established is very difficult in Alabama. There is generally a presumption that disrupting a custody arrangement is more detrimental to a child than the benefit that might be gained from the change in custody. This doesn't mean that a change of custody is impossible, just difficult...and expensive. A couple of other things bother me about this question. If mom is in the Navy, WHERE is she in the Navy. I'm not aware of any Navy installations...

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Q: Ive signed my dd214, cleared post & unit.. can the army legally call me back to sign an ncoer?

1 Answer | Asked in Military Law for Washington on Jul 29, 2013

Answered on Aug 2, 2013

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Matt James' answer
Typically, if you've out-processed, passed your date of separation, and did your final accounting of pay with finance, then no. They should just put "refused to sign" or "unavailable to sign".

This answer does not create an attorney-client relationship or provide legal advice.

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Q: How do i get a special armed forces operator's license

1 Answer | Asked in Military Law for Rhode Island on Mar 24, 2011

Answered on Jan 25, 2013

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Neville Bedford's answer
For Radio, contact the FCC. For Automobiles query the DMV.

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Q: Field grade article 15 for positive UA of THC, doesn't smoke but have been around in-laws that are heavy smokers

1 Answer | Asked in Military Law for Washington on Sep 19, 2012

Answered on Oct 30, 2012

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Jared Hawkins' answer
You should consult with your local military defense counsel. Under military law there is a presumption that if the substance is found in your sample you knowingly took it into your body. So your best chances of fighting this are by providing an explanation (i.e., someone gave it to you but you didn't know what it was (as long as that's true)), showing that the sample tested wasn't yours (if that's true), or by showing that the chain of custody wasn't followed. These are all very difficult to...

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Q: Questions about applying for my VA benefits claims

1 Answer | Asked in Military Law for Illinois on Jul 29, 2012

Answered on Aug 16, 2012

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Timothy J. Deffet's answer
Contact The John Marshall Fair Housing Clinic Veteran's Clinic. http://www.jmls.edu/veterans/.

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Q: Can military retirement benefits be taken away after serving twenty plus years and receiving an honorable discharge

1 Answer | Asked in Military Law for Illinois on Jun 12, 2012

Answered on Aug 8, 2012

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Timothy J. Deffet's answer
I am sorry to hear that your benefits were terminated. I do not practice in thus type of law but my alma mater, The John Marshall Law School, has a Veteran's Legal Support Center, where you may be able to get free advice on veteran's benefits issues. Contact:

Joseph R. Butler

Assistant Professor

Co-Executive Director, Veterans Legal Support Center & Clinic

The John Marshall Law School

315 South Plymouth Court

Chicago, Illinois 60604

Phone:...

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Q: Is anyone working on the military's Mandatory Supervised Release program?

1 Answer | Asked in Military Law for Oklahoma on May 2, 2011

Answered on May 3, 2011

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Bradley M. Glaze's answer
To provide any assistance in this area, you would have to provide more information. I am assuming that you were incarcerated by the Army. If that is the case, your MSR should be handled through the Army Review Boards Agency (http://arba.army.pentagon.mil/index.cfm). An attorney answering this question would really benefit from talking to you in detail about your situation. For example, were you on MSR / parole, and it was revoked for some violation? When were you sentenced and what was the...

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Q: Does a Trial Counsler have to review personnel files(counselings, evaulations,etc)an investigator before a court martial

1 Answer | Asked in Military Law for Texas on Apr 14, 2011

Answered on Apr 26, 2011

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Bradley M. Glaze's answer
There are a few words and phrases that you use that really need defining to provide you with the best answer to this question, but I'll give you my opinion, based upon what is asked here. As with all of the answers provided here, this answer does not constitute legal advice, and you should always consult an attorney to review the specific facts of your situation in order to protect your rights. By "subject", I am assuming that you mean someone who is a suspect in a criminal investigation; by...

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Q: What exactly does dishonorably discharged mean ?

1 Answer | Asked in Military Law for Nevada on Feb 11, 2011

Answered on Apr 25, 2011

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Bradley M. Glaze's answer
Like many terms that you may find in dealing with the law, "dishonorable discharge" has a very specific meaning for attorneys who practice military law, and another meaning that is applied by the general public. The legal or technical definition of dishonorable discharge ("DD")is found under Rule for Court Martial (R.C.M.) 1003 (8)(B), which is titled "Punishments". Under this rule, a DD only applies to enlisted members of the Armed Forces or warrant officers who have not been commissioned....

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Q: Who were the lawyers in th schenkvs untied states case?!

1 Answer | Asked in Military Law for Indiana on Dec 29, 2010

Answered on Dec 30, 2010

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Paul Overhauser's answer
Schenk v. US is a famouns case, reported at 249 U.S. 47. However, becuase the case is very old, Decided March 3, 1919, they did not publish the attonreys names in the opinions like they do now.

You can read the opinion here: http://supreme.justia.com/us/249/47/case.html

Paul Overhauser

317 891-1500

www.overhauser.com

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