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Questions Answered by R. Davis Younts
1 Answer | Asked in Military Law for Louisiana on
Q: What is the likely consequence for a Marine who went AWOL for over one year after being in for the same amount of time

Left due to psychological conditions and can show medical documentation proving the extenuating conditions of the psychological condition

R. Davis Younts
R. Davis Younts answered on Oct 29, 2020

Good Morning,

The typical response if you turn yourself in ranges from court-martial to administrative separation. If there are significant mitigating factors I would anticipate that an administrative separation could be negotiated. You should consider hiring an experienced attorney to...
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1 Answer | Asked in Military Law for Louisiana on
Q: Does anyone know any ex-Marine Judge Advocates or other military law attorneys knowledgeable with Marine Corps justice?
R. Davis Younts
R. Davis Younts answered on Oct 29, 2020

Good Morning,

There are several very good lawyers with military experience. For example I served on active duty for 11 years in the Air Force and have significant experience representing Marines. An important question is what legal issue are you dealing with. If you let me know the...
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1 Answer | Asked in Military Law for Alabama on
Q: What type of lawyer would be best for me if I'm submitting a DD-293 Application For The Review Of Discharge from USMC?
R. Davis Younts
R. Davis Younts answered on Aug 24, 2020

Great question. You want an attorney that has military experience as well as experience actually appearing before the Discharge Review Board. There are many attorneys that dabble in military law. You want someone with extensive military experience that practices before the Board frequently.... Read more »

2 Answers | Asked in Criminal Law and Cannabis & Marijuana Law for Pennsylvania on
Q: I have questions about theft and drug cases I'm facing right now

would like to upload documents

R. Davis Younts
R. Davis Younts answered on Aug 21, 2020

Thank you for your question. Unfortunately, I cannot answer it without additional information. You should consider scheduling an appointment with an attorney that offers free consultations.

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1 Answer | Asked in Military Law for North Carolina on
Q: I have received medical board findings. I was found unfit and can the military hold me for AdminSep?

I went through the PEB and got my findings. They found me unfit and got medical retirement from the military. I have an EAS Date 45 days from now. My unit is pursing an AdminSep for pattern of misconduct. The characterization is General Under Honorable. Can the military hold me past my new EAS... Read more »

R. Davis Younts
R. Davis Younts answered on May 17, 2020

There may be some specific nuances in your case but as a general rule you cannot be held past an EAS date solely for the purpose of admin sep proceedings. The issue with your case is that if the start the misconduct based separation process fast enough then your case will be... Read more »

1 Answer | Asked in Federal Crimes and Military Law for Florida on
Q: Military BCD and felony joy riding, 40yrs ago, wanting my gun rights restored. Clean since then, Any Chance?

Volunteered for duty with the understanding I would get diesel school after Basic training, got then told after basic, when I was stationed I got told then I didn't have it in writing so I was out of luck. Young and dumb, I would show them I went AWOL, then didn't honor their end , I told... Read more »

R. Davis Younts
R. Davis Younts answered on May 15, 2020

Good Morning,

It is possible to address these issues. You can apply for a discharge upgrade as well as have certain information removed from your record. Their are a lot of variables that you should discuss with an attorney that is experienced in dealing with these issues. I have had...
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1 Answer | Asked in Military Law on
Q: Is a lie detector test admissible in a court martial?

Can I be fired or found guilty for not doing a lie detector test?

R. Davis Younts
R. Davis Younts answered on Apr 23, 2020

No. Lie detector test results are not admissible in court. But anything you say before, during, and after the test is.I would need more details to answer the second question. If your job requires a TS clearance then it is possible that refusing a lie detector related to a clearance screening... Read more »

1 Answer | Asked in Military Law for South Carolina on
Q: How do I get my dd 214 from my first enlistment ? So I can apply for veterans benefits

I did 8 yrs in the navy and got discharged with an other than honorable discharge. I re-enlisted after 4 years Is there a way I can get a dd214 from my first enlistment ,

R. Davis Younts
R. Davis Younts answered on Mar 28, 2020

You should submit a standard form (SF) 180 to the National Archives. The forms are available online. If there are errors on the DD214 or you need to upgrade your discharge, there is a process for that as well.

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