Patrick Korody's answer 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 Secretary of the Army is not going to recall anyone over fraternization allegations.
Patrick Korody's answer 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 generally based on need and ability to pay. if the need and ability to pay has changed, a modification may be warranted. You should consult with a divorce attorney in the state/city where the divorce...
Patrick Korody's answer 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 warrant.
Patrick Korody's answer 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.
Patrick Korody's answer 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 be medically retired.
Patrick Korody's answer 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 inequitable.
Patrick Korody's answer 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 was following a mediation/consent agreement or if the judge came up with it in an order following a trial. The specific language of the provision also matters. Chances of getting it thrown entirely...
Answered on Jan 27, 2018
Patrick Korody's answer 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 court-martial.
Patrick Korody's answer 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 you can apply and all they can say is "no."
You may want to have an attorney make the application for you - generally, well-organized, concise arguments for removal have the best success rates....
Patrick Korody's answer 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 supposed witnesses - perhaps even the complaining witness. Lastly, the attorney can put up a barrier between you and NCIS/command authorities so that you don't make matters worse. And don't forget it's...
Answered on Sep 10, 2017
Patrick Korody's answer 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. There are ways to win at an admin board after a conviction - hire a civilian lawyer or make sure your JAG has a strategy for the board.
Patrick Korody's answer 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, thus no larceny of BAH. There may be a separate crimes such as false statements, but that would require an in-depth review of the case.
Patrick Korody's answer 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 your adsep to slow down the process. The could always prefer charges for court-martial and place you on legal hold.
Also, though there are requirements for separation, the 10 day letter is a...
Patrick Korody's answer 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 equity of the administrative separation for purposes of upgrading your discharge. Given that your upgrade basis may be more than the typical "I am really a good guy and this discharge is hurting me" you...
Patrick Korody's answer 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.
Patrick Korody's answer 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 apply to the Naval Discharge Review Board. There is no application fee. You have 15 years from the date of your discharge to apply. The standard is whether the discharge was inequitable or improper at...
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