Questions Answered by Patrick Korody
Q: Do you lose any benefits after 20 years active duty if you retirement in lieu of elimination?
You really need to talk an attorney if you are asking yourself this question. That is a lot of money to not be sure of the consequences.
Q: I completed MEPS, took the oath and shipped out for bootcamp. I changed my mind at the airport now what?
I never made it to Boot Camp. What are the ramifications?
You may be considered UA. Or they may have simply separated you. You should contact your recruiter to resolve the situation, or hire a lawyer to act as an intermediary.
Q: Can my friend’s Medical retirement benefits be taken away for fraternization while he was in the Army?
He’s been medically retired over 18months now, and his child’s mother is still in the Army and not cooperating with court order and he have to get JAG and her COC involved. Can anything happened to him since he medically retired or her since she’s not following a court order by updating her... Read more »
Technically, yes. If you are receiving pay, including retired pay, you can be recalled to active duty to be court-martialed for crimes, including fraternization, that occurred on active duty and are still within the statute of limitations (5 years for Art 92 violations).
Realistically the... Read more »
Q: Can you go back to court to get alimony changed on the divorce decree? She gets 50% of his military retirement.
He is retired military and in the divorce decree it is stated that he has to give her half of his retirement as Former Spouse Support.
Alimony and military retirement are generally two different concepts. Alimony is spousal support while military retirement is property division. However, there are arguments that when a spouse starts receiving military retirement, the need for spousal support decreases. Spousal support is... Read more »
Q: My son went AWOL in 1/15 from Fort Bragg Military base.He was just arrested on 2/18, for damage to private property
He is being held at the Harnett co. jail. They have a hold on him for extradition to Kentucky. Why is he going to Kentucky? Also what ever time he does waiting to be picked up, will it count as credit for time served if he ends up doing jail time there?
He will be picked up my the military and taken back to his current unit, which may not be the unit he went AWOL from. He will get credit for the days in confinement starting when a detainer was placed on him for the military - meaning from the day he would have been released but for the military... Read more »
Q: If my mpo is expired and I haven’t signed a new one or been notified of a new mpo. What does that mean
As long as the MPO has expired, and you have not received a new one, then there is no MPO in place. However, it wouldn't be wise to make contact with the protected person, as that often leads to a new report of harassment/stalking/abuse and another MPO.
Q: I was discharged Honorably after 9.5 years of service due to PRT failures with a medical condition. Was it justified?
I was diagnosed with an abnormality in my lungs 1 year and 2 PRTs before i was separated from the military due to PRT failures. I was not given a Medical Review Board and was given a no PT chit without a expiration date on it. This was after i had re-enlisted for 6 years i am now separated with 80%... Read more »
This a complex issue - I have fought it before. You can apply to the Board of Corrections alleging that you should have been, based on your condition, referred to the PEB, and ask them to refer you to the PEB. If you get to the PEB, the PEB will determine whether you are fit or unfit and should... Read more »
Q: How likely is it to upgrade my military discharge from General Under Honorable to Honorable?
I have documentation proving I was recommended for an Honorable. I was discharged for a condition not a disability. How would I get the narrative reason of separation changed also?
Generally speaking, if a discharge review board grants an upgrade based on a separation processing issue, they will change the narrative as well. If the narrative reason was correct, then they won't change the reason. You have the burden to demonstrate the characterization were unjust or... Read more »
Q: My pov was taken as well as the key, and was dammaged 500+ in damages, pictures of mistreatment. Can he take it?
My gunny took my “POV” ( motorcycle) and had it sitting out for months and through the weather, it’s faded the fairings, rusted sprockets , rusted chain, rusted kickstand, battery is busted, front tire flat, was vandalized ( brake lever broken off, and clutch lever broken and bent, (... Read more »
You can file a claim under the UCMJ or under federal law. Go see the base legal assistance/claims office. You can also file an 1150 complaint against the gunny.
Q: My divorce decree states that my ex is entitled to 50% of my military retired pay. Is it possible to change that?
Divorce was in Utah, finalized in 2014. I would like to know what are my odds of having that reversed or lessened.
This is a very complex issue that I see all of the time. I am not a Utah lawyer - you need to speak to a Utah lawyer who has substantial experience in military retirement, how it is calculated, and how the it can be divided by a Utah court. Generally, different laws apply on whether the language... Read more »
Q: I have 3 days left on my contract in till I ETS out and ,my commander is stating she is going to court marshal me.
I have cleared everything and have my tickets and my id changed and my finale pay ready can she do that !?
My family is also with me here and they have the tickets to go and I have cleared housing and everything else all I am waiting on is to leave .
Yes. You can be placed on legal hold and held beyond your enlistment to be court-martialed. You should speak to a military law attorney or base defense counsel (ADC, TDS, DSO) ASAP. Your discharge and characterization of service may be at stake, in addition to the possible punishments at... Read more »
Q: Bad Background check.
I was arrested for sexual assault while in the army (December 2014) and was proven innocent to the charges but it still comes up that I was arrested for it in a background check and I cant purchase a firearm because of it and I feel like I've lost a few Pharmacy technician opportunities what should... Read more »
The problem is that CID entered your arrest/subject in the investigation (called "titling") in DCII and NCIC, databases that track arrests. Your DNA was also put in CODIS. Getting your DNA taken out of CODIS is pretty easy. Getting your arrest out of DCII and NCIC is going to be difficult, but... Read more »
Q: I am being accused of sexual assault in the Navy. I am currently being investigated and may face a court martial.
Should I retain a civilian military attorney to assist me at this point in time? I do not know if I will be charged with a court martial, but these charges were filed over a year ago and they claim they have been investigating ever since. Recently they told me that I was being officially... Read more »
Yes - there are things a civilian military counsel can do for your that the JAG office cannot. First, you can have an actual attorney (the JAGs will not represent you until charged). Second, that attorney can preserve favorable evidence and conduct a parallel investigation by interviewing... Read more »
Q: General Court Martial sentenced me. How can they then subject me to and admin board who issues a harsher sentence?
A conviction at GCM would likely be a "serious offense" for purposes of administrative separation. Since it is "administrative" vice "judicial" there is no double jeopardy. I agree with you - separation at an admin board seems unfair if you made it through a GCM without a punitive discharge.... Read more »
Q: What is the punishment for knowingly collecting bah for being married when the marriage is fraudulent in the Army?
Someone got married to a woman who had previously been married. At least three years ago, he knew that she had her cousin forge her ex-husband's signature on the divorce papers. He still was considered married to her and still collected around two years of BAH, knowing the marriage was fraudulent.
This is a unique question - fraudulent marriages are normally marriages that, at the time the marriage occurred, were done with the intent to wrongfully obtain certain benefits, like BAH. It sounds like the marriage was legit and not for the purpose of stealing BAH, so the intent would be absent,... Read more »
Q: Pending Admin Sep, EAS in 9 days. Need Advice on what to do.
I am currently pending administrative seperation for Pattern of Misconduct. I am 9 days away from my EAS. If I make it to next Friday(my actual EAS) with no word on a 10 day letter should I just get my DD-214 and leave or could that cause more issues? What could my command legally do to hold me... Read more »
Yes - you cannot be involuntarily administratively separated after your EAOS absent a voluntary extension or agreement (like a separation in lieu of trial by court-martial). If you are not discharged at your EAOS, then you need a lawyer. if you were smart, you would have requested GCMCA review of... Read more »
Q: my husband has been arrested for desertion for the second time and is facing court martil what should i do ?
Your husband should hire an attorney who has significant military experience - there are many ways to avoid a conviction in these types of cases.
Q: I was tried by summary court martial and received a discharge of other than honorable conditions.
I received a supplementary court-martial order in which the findings and the sentence is disapproved. it says that all my rights and privileges lost are restored as a result of the sentence. what does this mean? The supplementary court martial order was signed after my summary court martial. I'm... Read more »
I don't have enough information to answer your question, but generally administrative separation (which resulted in your OTH) is considered a separate process from a court-martial. However, if the court-martial was disapproved because of a lack of evidence, for example, that could impact the... Read more »
Q: I was wondering if an Enlisted Marine could date an officer of another branch (Army).
No preexisting relationship. Zero Possibility of being in the same command. Could this be prosecuted or punished as Fraternization?
Zero chance of it being legal (for either of you) - sorry! This would violate various regulations and the UCMJ. Unduly familiar relationship b/n officers and enlisted is prohibited, no exceptions.
Q: Received an OTH. CO recommended a General. Served for 2.5 years. Am I able to get it upgraded to General?
I served overseas in the US Marines for 2.5 years. Received a couple of awards for good work etc. Basically I had "trouble" with the liberty policy at the time and as a result was NJP'd 3 times. My Commanding Officer recommended to the Commanding General I receive a "General" discharge. I still... Read more »
Your chances of an upgrade are slim without finding some type of a procedural error. Your chances of success increase with an attorney, which can be expensive, as you are paying for knowledge, experience, and ability to spot issues and write persuasively.
As a Marine, you first want to... Read more »
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