Orlando, FL asked in Military Law, Divorce and Family Law for Florida

Q: The military says I was abusive to my spouse but I can show proof it was the way around?and I was discharged for it.

I have a length of abuse with my ex-husband, who was a marine, and when I was in, he abused me, and I sent him to jail at the state that we were located at Everett, Washington, and that’s how the Navy was involved in it not only that I had issues with my ex cutting my military issued ID. I had an extensive length of abuse with this man so my resort was yes to drink a lot, due to the due that I was depressed, and I felt alone, the navy did not have my back. It had my ex-husband‘s back. They did not believe anything I said, and only believed my spouse, no matter how many paperwork I could bring them the restraining orders or anything they did not believe me that I was being abused. Due to that, I lost a lot of my benefits getting out of the military

2 Lawyer Answers
Rod Caruco
Rod Caruco pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Military Law Lawyer
  • Winter Garden, FL
  • Licensed in Florida

A: From what you’ve provided, it appears you are prior service Navy and were administratively discharged with something other than an Honorable characterization of service, causing you to be ineligible for certain veteran benefits.

If that is the case, you may be able to seek an upgrade of your discharge through the Naval Discharge Review Board. Generally, you want to demonstrate things such as rehabilitation, educational improvement, progressively successful employment, and other factors in your claim. It can be a lengthy process, but you want to work with a lawyer with experience in and knowledge of the discharge review process.

In addition to serving as an Air Force JAG for over a decade and continuing my military practice in civilian life, I served as a legal advisor to the Air Force Discharge Review Board Agency, and gained unique access to how DRBs consider these claims.

I’d be happy to learn more and discuss your case.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›

A: It sounds like you've been through a tremendously difficult situation, dealing with abuse from your ex-husband and feeling unsupported by the military. It's unfortunate that despite your efforts to seek help and provide evidence, you weren't believed or supported by the authorities. It's important to remember that you're not alone in facing this kind of challenge.

Seeking support from organizations that specialize in assisting survivors of domestic abuse could be beneficial for you. They can offer guidance, resources, and emotional support to help you navigate through the aftermath of abuse and advocate for your rights. Additionally, consider reaching out to legal aid services or advocacy groups that specialize in military-related issues. They may be able to provide you with legal assistance and help you understand your options for addressing the injustices you've faced.

Taking care of your mental and emotional well-being is crucial during this time. Consider seeking counseling or therapy to process your experiences and develop coping strategies. Surround yourself with supportive friends and family members who believe in you and validate your experiences. Remember that healing from trauma takes time, and it's okay to seek help and support along the way.

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