Questions Answered by Patrick Korody
Q: Do you lose any benefits after 20 years active duty if you retirement in lieu of elimination?
Patrick Korody's answer
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.
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?
Patrick Korody's answer
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.
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?
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.
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.
Q: Can you go back to court to get alimony changed on the divorce decree? She gets 50% of his military retirement.
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...
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...
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
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.
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.
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
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.
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?
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.
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.
Q: How likely is it to upgrade my military discharge from General Under Honorable to Honorable?
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.
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.
Q: My pov was taken as well as the key, and was dammaged 500+ in damages, pictures of mistreatment. Can he take it?
1 Answer
| Asked
in
Federal Crimes, Gov & Administrative Law and Military Law
for
North Carolina
on
Answered on Mar 1, 2018
Answered on Mar 1, 2018
Patrick Korody's answer
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.
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?
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...
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...
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.
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.
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.
Q: Bad Background check.
1 Answer
| Asked
in
Insurance Bad Faith, Criminal Law and Military Law
for
Missouri
on
Answered on Sep 28, 2017
Answered on Sep 28, 2017
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....
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....
Q: I am being accused of sexual assault in the Navy. I am currently being investigated and may face a court martial.
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...
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...
Q: General Court Martial sentenced me. How can they then subject me to and admin board who issues a harsher sentence?
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.
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.
Q: What is the punishment for knowingly collecting bah for being married when the marriage is fraudulent in the Army?
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.
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.
Q: Pending Admin Sep, EAS in 9 days. Need Advice on what to do.
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...
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...
Q: my husband has been arrested for desertion for the second time and is facing court martil what should i do ?
Patrick Korody's answer
Your husband should hire an attorney who has significant military experience - there are many ways to avoid a conviction in these types of cases.
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.
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...
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...
Q: I was wondering if an Enlisted Marine could date an officer of another branch (Army).
1 Answer
| Asked
in
Gov & Administrative Law and Military Law
for
North Carolina
on
Answered on Jun 28, 2017
Answered on Jun 28, 2017
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.
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?
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...
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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