Get free answers to your legal questions from lawyers in your area.
My ex moved out of state 2 months after the divorce. 3 years later I got married again and my wife is active duty military, which means we will have to move to another state soon. My ex keep saying she don't want the kids away from her, but she moved to Fl 3 years ago, and has violated the... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 23, 2022
You and your wife should go to the Base Legal Assistance Office. You are both entitled to free legal assistance. They will have some of the answers there. If they don't, they will have a referral list of local lawyers familiar with military divorces and PCS.
It partly depends on what... View More
Before I left I told my sergeant at the time that I was leaving and he told me to go take care of my family. I have been gone for almost 14 years and I wish to go back to clear my name. I need an advice from jag as to what I should do or where the best place would be to go to do this.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 22, 2022
There are civilian lawyers who can help with this.
Experience shows that a person receives better treatment if they surrender rather than get arrested. 30 days after you left you were declared a deserter and a federal arrest warrant was issued. Mny of my AWOL clients were arrested when... View More
I recently enlisted in the National Guard, I haven't been to basic training yet. I've thought about this a lot and I just realized It's truly wrong for me, I jumped into it while simply excited (I'm 17). Is there a way out without legal repercussions?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 22, 2022
It may be possible to void your contract. There is a procedure to do that.
I usually recommend you visit this website for more precise advice on how best to do that.
https://girightshotline.org/
I am financially dependent on my husband. I want to leave. I have $500 SSDI a month. He is military active duty but stationed close by. We have two minor children.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 22, 2022
If he is military, he is required by military law to "support his dependents."
Should you move out and you do not have a signed separation agreement, the military mandates that he must pay you a portion of his pay and allowances as support for you and the children pending the... View More
What constitues the 'trigger' which brings that Oath to bear?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 7, 2015
The taking of the oath.
From then on you are committed to protect and defend THE CONSTITUTION of the US, not the flag, not the country, not the President, but the founding document upon which the American form of democracy is based upon.
I was supposed to receive a general discharge from the military, but my CO never sent my paperwork up and now im facing a dishonorable discharge. Is there anything i can do to recieve the innitial discharge?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 2, 2015
If you are facing a DD, that means you are pending general court-martial for some serious allegations.
Yes, an administrative elimination can be stopped if he intent is to conduct a court-martial or other disciplinary action.
If instead of a GD they are now seeking an OTH, then you... View More
The ground cause damage to them. These items were two video game disc. One being an older game that had great sentimental value to me and the other an newer more expensive one. When I brought it up to my commander he made it seem like my fault. After I expressed my disagreement he told me that the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 2, 2015
You could file a complaint under Article 139, UCMJ, for damage to the property.
See here. https://www.law.cornell.edu/uscode/text/10/939
The complaint should be addressed to the CO and in writing, explaining in detail what happened and the cost of replacement.
If the CO... View More
Other Officers and Senior Enlisted stand around and do nothing
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 2, 2015
1. Discuss it with the leadership. Start with the individual, then the first sergeant, then the open door policy to the commander.
2. If that doesn't work you can try an IG complaint, contact your Congressperson.
Does that means my records have been violated?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 2, 2015
If you can prove it with solid evidence, you may be able to get the Board for Correction of Military Records to put them straight. This is important if the current records affect your employment or benefits.
Husband talks about being with her eating her out and all that but no nudes he sent can military still punish him
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 2, 2015
He needs to stop -- NOW.
There are quite a number of cases going on to do with on-line activity such as this. Whether he ultimately gets in trouble or not, it's not healthy for your relationship and his commanders may not look at him as a good Soldier/ so it might affect his career.
Injustice I received a general under honorable conditions discharge from the USAF and I had a question about upgrading for injustice
during the process my commander broke my constitutional rights, will this help me in getting an upgrade?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 2, 2015
Maybe.
One of the things they look at in the upgrade process is whether there have been significant procedural errors showing the process was unfair. So maybe you have a case to prove an inequity.
NOTE NOTE NOTE.
You have 15 years from date of discharge to apply. This is a... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 2, 2015
Each Service has their own regulation regarding "off duty employment."
Check your unit admin for the regulation on "moonlighting" or "off duty employment."
Generally it can't interfere with military duties.
There are also some potential... View More
Arrested after out of military but commited crime while still a soldier and active duty.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 2, 2015
You military benefits are based on the discharge you received, independent of the conviction.
If you got an Honorable then you get all of your benefits. A general you get most, except education and home guarantee. With an OTH its harder to have any benefits.
A friend of mine, and I started a company. As I am in the Army, he is doing most of the work, and I am doing my best based on the time I have, and mostly online related stuff. Our company would be hitting it's first million dollars soon (hopefully in a few months), and I would love to fully be... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 1, 2015
No. You do not have the kind of reason that would warrant an early termination of your contract. Early outs are for hardship, or as another example to go to school if you are within a few months of your EAS.
I recieved a feild grade article 15 which took one grade from me E6 to E5 and was filled in my ompf restricted file for an infraction which I provided documents proving I did not commit the crime. I was sentenced to a seperation board on Dec. 6 which I won and recieved Retention due to lack of... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 1, 2015
Not at this point unless you can persuade the Army Board for Correction of Records to remove it. You have three years from the date of imposition to apply.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 1, 2015
No.
The prohibitions are similar to what they used to be many years ago when all we had were desk phones.
You can use government email to make checks on kids, family member undergoing an emergency, perhaps to say you'll be home late. But personal use of email is intended to be... View More
My best friend was recently discharged from the Marines because he said he was a drug addict. He got a other than honorable with a RE4B (He told me it means he cant reenlist). However, he recently confessed and told me that he lied about taking drugs so he can leave to be with his fiancee. However,... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 1, 2015
He can't reenlist because he got an "Other Than Honorable" and because of the RE code.
He will not be reenlisted for that reason.
Also, if they believed him that he lied, then they will not want to reenlist him because he lied to get out.
Suggest he move on and learn from his experience.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 1, 2015
They should mark the report as unavailable for signature.
What advice do you have for me. I'm stationed in a state that is legal for marijuana to purchased and utilized as long as you have a medical card for it. I don't know how else you can prove that I'm innocent of this type of conduct without bringing my husband's relatives in it.... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 5, 2015
The issue of testing positive due to being around those who smoke marijuana has been studied extensively. There is no credible research to support the idea that a person can test positive from being around family members who smoke marijuana. This has been tried and litigated in courts-martial... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 1, 2015
A very imprecise question.
Where you retired, and got a DD214 with an HD. If so, the only way that normally you lose retirement is if you are recalled to active duty for the purpose of prosecution at court-martial for conduct which happened while you were on active duty.
Can a... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
