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Questions Answered by Patrick Korody
1 Answer | Asked in Juvenile Law and Military Law on
Q: Military disqualifications against minor juvenile records?

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 »

Patrick Korody
Patrick Korody answered on Mar 17, 2017

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 »

1 Answer | Asked in Military Law for North Carolina on
Q: I am getting a chapter 5-17 which warrants either a honerable or general discharge. I am receiving a general discharge.

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 »

Patrick Korody
Patrick Korody answered on Mar 16, 2017

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 »

1 Answer | Asked in Military Law for Virginia on
Q: I am in the Military and have used the SSCRA in my past deployments for many of my Creditors. I am having such a

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 »

Patrick Korody
Patrick Korody answered on Mar 14, 2017

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.

2 Answers | Asked in Military Law for Texas on
Q: I've read that the military can sanction my husband and even sever his service for non-payment of support

- is that true?

Patrick Korody
Patrick Korody answered on Mar 14, 2017

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.

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1 Answer | Asked in Federal Crimes and Military Law on
Q: Can you be charged with adultry when having sex with other soilders wife , but was found innocent on rape charges.

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?

Patrick Korody
Patrick Korody answered on Mar 14, 2017

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 »

1 Answer | Asked in Real Estate Law, Military Law and Public Benefits for Georgia on
Q: We are married now and are eligibleFor housing, what do we need to show for this?

It states we can terminate if we become eligible for housing (military service members)

Patrick Korody
Patrick Korody answered on Feb 21, 2017

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.

1 Answer | Asked in Military Law for Connecticut on
Q: when do ucmj have jurisdiction over a crime
Patrick Korody
Patrick Korody answered on Feb 21, 2017

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.

1 Answer | Asked in Family Law and Military Law for Utah on
Q: I want to see if I can get extra time with my son. I had to move due to military, and I am in a different state.

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 »

Patrick Korody
Patrick Korody answered on Feb 20, 2017

You should contact a family law attorney in the jurisdiction that has control over the timesharing agreement to seek a modification based on changed circumstances.

1 Answer | Asked in Divorce, Family Law and Military Law for Georgia on
Q: Will the Army recognize a new marriage if you get divorced and if so do they have a waiting period?
Patrick Korody
Patrick Korody answered on Feb 13, 2017

There is no waiting period - you do, however, have to provide proof of the divorce in a timely fashion to your personnel folks so that they can adjust the dependents.

On another note, quick marriages often raise suspicions by military chains of command.

1 Answer | Asked in Criminal Law, Federal Crimes, Landlord - Tenant and Military Law for Washington on
Q: What is the charge if you know someone is subletting in base housing?

The person in question is active duty in base housing but subletting to another service member and has not reported it.

Patrick Korody
Patrick Korody answered on Feb 13, 2017

There may not be a charge at all, depending on the circumstances. It's probably privatized housing based on a lease. Violating a lease is not normally a criminal offense, even in the military.

1 Answer | Asked in Military Law and Traffic Tickets for California on
Q: I received a Ticket on a Military base in Texas. My DL from CA will it go on my record if so can I go to traffic school

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 »

Patrick Korody
Patrick Korody answered on Feb 8, 2017

If it is a federal ticket, yes it will carry points. Generally you can go to magistrate's court and resolve the ticket under state law. I am not aware of the options to avoid points under Texas law.

1 Answer | Asked in Criminal Law, Education Law and Military Law for Texas on
Q: Wouldn't it be fine under the Romeo and Juliet law? If i did get pregnant at 16 by someone 18 who's in the army?
Patrick Korody
Patrick Korody answered on Feb 7, 2017

The age of consent under the UCMJ is 16 years old. However, state law would also apply.

1 Answer | Asked in Employment Law and Military Law for Nevada on
Q: will a not showing up to drill because of a medical reason give you a dishonorable discharge?

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 »

Patrick Korody
Patrick Korody answered on Feb 6, 2017

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.

1 Answer | Asked in Military Law for Georgia on
Q: Hi Ive been recommended to get chaptered out of the army with a chapter 14 and I'm in ait but I do not want to leave

I want to know if my company commander cam stop the process? I have statements from peers and also from doctors chaplains to I just want to know how to stop the process.

Patrick Korody
Patrick Korody answered on Feb 6, 2017

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.

1 Answer | Asked in Military Law for Illinois on
Q: My husband received a discharge "under other than honorable conditions" out of the army reserve.

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 »

Patrick Korody
Patrick Korody answered on Feb 6, 2017

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 »

1 Answer | Asked in Military Law for Washington on
Q: My sons wife continues to bring Marijuana on base to their home even after being told by him not to.

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 »

Patrick Korody
Patrick Korody answered on Feb 6, 2017

You son should go see the defense counsel JAGs at the Defense Service Office, Naval Base Bremerton.

1 Answer | Asked in Employment Law, Immigration Law and Military Law for Indiana on
Q: Can I sign up for the National Guard or Marines if am a student/immigrant?

- Have been in the U.S for almost 9 years

- High School student (senior)

- GPA 3.0

Patrick Korody
Patrick Korody answered on Feb 6, 2017

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

2 Answers | Asked in Military Law for California on
Q: Would a military divorce be filed in a regular court or military one?
Patrick Korody
Patrick Korody answered on Feb 4, 2017

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 »

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1 Answer | Asked in Military Law for District of Columbia on
Q: 1. would a military officer be in violation of military clearance laws should they have contact/paid by foreign govt.

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 »

Patrick Korody
Patrick Korody answered on Feb 3, 2017

This would certainly trigger a suspension of a security clearance and investigation by military authorities. There are numerous federal laws and UCMJ articles that can be applied to espionage cases.

1 Answer | Asked in Divorce, Gov & Administrative Law and Military Law for Washington on
Q: I'm in the Army and just got a divorce. When am I allowed to get married again? Is there a military law covering this?

I have heard a rumor about waiting three months and wondered if it was true.

Patrick Korody
Patrick Korody answered on Feb 3, 2017

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.

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