This individual is now 20 years old. He self-mutilated and was admitted to a psych ward at age 13. By law, is the military able to disqualify any person(s) for past medical history in which the minor was not legally of age to permit any decisions or diagnosis' without the consent of a parent?... Read more »
You need to understand that there is no right to serve in the military, and when the military trains a recruit, they spend tens of thousands of taxpayer dollars. The recruiting standards exist based on probabilities as to who will have and not have problems conforming, serving, and meeting the...Read more »
My dcounceling also says I will not receive any benefits. I was wondering if I my command team could do me like this if I have not gotten in any trouble during my 7 months in the military. The only thing I could think of for why they would be trying to give me this discharge would be because I had... Read more »
Your question is a bit confusing. If you fail to disclose a preexisting medical condition that you knew about, that would be fraudulent enlistment (misconduct). If you did not know about the medical condition but it was discovered soon after your enlistment and existed prior to your enlistment...Read more »
Difficult time with GM Financial honoring this program for service members. The program is supposed to be an on and off process for Active Duty and for Reserve Component who is call back to active duty. They are saying because I bought the a vehicle using there financing in an active duty status... Read more »
If you are on active duty, you are entitled to military legal assistance services. Go see the base legal assistance office to review your case. If you are entitled to the reduced rate, the base legal office will draft a letter on your behalf.
Generally your assertion is correct; however, civil support orders are the most sure way to get paid support during a separation or divorce. Each service has its own rules regarding support to dependents.
We had a party were drinking my husband had sex with soilders wife & she charged him rape because her husband didnt know& didnt want him to leave her but my husband was found innocent , can he still get charged adultry ? What are the consequences?
Absolutely. The consequences vary - sometimes adultery (a violation of Article 134, UCMJ) is dealt with at Article 15 or through a counseling. Sometimes it is dealt with at court-marital. I imagine your husband has an attorney - it is best he speaks with that attorney. If he doesn't have an...Read more »
This is a state law question - you should go see the base legal assistance office or the base housing office. Generally, you need a letter on official letter head that meets the requirements of state law.
For the active duty component - 24/7, anywhere in the world. For reserves/national guard, the member must be on orders or in a drilling status. There are many nuances with jurisdiction, but those are the basics.
It's costly to see him one weekend a month. And if we ask for extra time she tries to take it out of summer time. I would like to see if I could get more time in the summer. My current partner and I have a little boy together and my son doesn't get to spend the time that both we and he would like... Read more »
Ticket was written for "not stoping in the right place" at a stop sign. was at Fort hood in TX. My Drivers license is out of California. I am a Military spouse but did not show my Military ID because I wasn't asked for it. I had a pass and was driving Uber at the time of the ticket. My main concern... Read more »
I am in the National Guard. I have not been able to go to drill because of some medical reasons. I have given my doctor notes to my Sergeant but he tells me that the Sergeant Major does not care about that. Will they give me a dishonorable discharge? I am also studying to become a teacher. Will... Read more »
You need to show up to drill, even with medical reasons. If you are not fit to perform your drills, the military medical folks will place you in a not physically qualified status. Not showing up will get you involuntarily separated with a less than Honorable discharge.
You need to speak to a lawyer. Hire a civilian if you cannot find a military defense counsel to assist you. You need to have an advocate communicate with your chain of command and/or draft a strong rebuttal statement if you are not eligible for an adsep board.
At the time, he did not understand what this meant. Now he does and it means he cannot access any benefits in his future. All he remembers is missing two drills when he was working out of state. His unit was undergoing a change in command at the time and he tried to talk to someone about... Read more »
A lawyer will be able to identify any procedural issues with the discharge, which are generally the most successful arguments at a discharge review board/board of corrections. If he received an OTH, he was board eligible and should not have a waived his right to a board. If they did not offer him...Read more »
I have advised him to report it to the JAG since he fears that she will be caught and he will be held responsible. he says he cant report it because he would still beheld responsible. He has gone as far asking her to leave which she refuses as well and says if he tries to force it she will claim... Read more »
If you have a green card, you can enlist and obtain citizenship almost immediately. If do not have a green card, you may still be able to enlist via the MAVNI program. http://www.goarmy.com/benefits/additional-incentives/mavni.html
Divorce is a matter of state law, not military law. The state that has jurisdiction over the parties and property at issue will be the appropriate place to file. With military, it can be tricky due to frequent PCS moves, separation due to deployment/training/assignments, and states of residence....Read more »
In regards to breeches of military security clearance laws (which laws apply) and what immediate actions should be taken. If an officer has/is having extensive contact with and been paid money by a hostile foreign government and their agents:
1. should that officer/official immediately... Read more »
No wait time. You can get married immediately. You just have to make sure your personnel folks are kept in the loop about the divorce and remarriage. Problems arise if the military thinks you are married to two people at the same time.
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.