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The law was changed to read the last discharge must be honorable. ** When was the law changed?** He was enlisted then commissioned and while enlisted received 2 honorable DD 214's. A commissioned officer cannot receive a dishonorable discharge only can be dismissed. Anyway he is entitled to... View More 
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answered on Aug 21, 2024
Your friend is likely eligible for VA benefits, even with the last discharge being a dishonorable one. The specific rule change you’re referencing, which affects VA benefits based on the character of the last discharge, does not necessarily bar someone from benefits if they have multiple periods... View More
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answered on Jul 28, 2024
Whether you receive 50% of your ex-husband's military retirement pay depends on several factors, including the length of your marriage overlapping his military service. Typically, the "10/10 Rule" applies, meaning you must have been married for at least 10 years, with 10 years of... View More
I am a service member under FS 250.01 (19), according to FDACS website I am also allowed “to carry a concealed weapon or concealed firearm if you are 18 years of age or older”. And under FL Statue 790.0655 (2)(d)(9) I am allowed to purchase a rifle or shotgun under 21. My question is am I... View More
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answered on Jun 26, 2024
This is a complex question that involves federal and state laws, as well as specific exemptions for military members. Let's break it down:
1. Federal law: Generally, federal law prohibits licensed firearms dealers (FFLs) from selling handguns to individuals under 21. This applies... View More
When a CID agent who is participating in an official law enforcement investigation receives incriminating evidence from a third party, should they be required to advise the suspect of their Article 31(b) rights before the agent receives the incriminating evidence?
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answered on May 1, 2024
No, in the situation you described, the CID agent would generally not be required to advise the suspect of their Article 31(b) rights before merely receiving incriminating evidence from a third party.
Article 31(b) of the UCMJ states:
"No person subject to this chapter may... View More
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answered on Mar 26, 2024
When you're dealing with official procedures within the U.S. Army, it's crucial to understand the specific contexts in which different forms are required. The DA Form 3881, known as the Rights Warning Procedure/Waiver Certificate, is utilized whenever someone in custody is to be... View More
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... View More
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answered on Feb 29, 2024
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... View More
I am serving in the Florida national guard I am a resident of Florida I have a Florida drivers license I am 19 I live in Miami corresponding to Miami dade county
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answered on Feb 13, 2024
In Florida, the general law restricts the sale of firearms to individuals under the age of 21. However, there are exceptions to this rule, especially for members of the military and law enforcement. As a 19-year-old serving in the Florida National Guard (FLARNG), you are considered part of the... View More
I'm a 17-year-old male without any physical or mental disabilities, but I do have high functioning autism and ADHD. Am I still "able-bodied" in the context of Title 10 Chapter 12?
answered on Dec 4, 2023
The term "able bodied" as used in 10 USC Section 246 doesn't seem to be defined. Wiktionary defines "able-bodied" as "Having a sound, strong body; physically competent; robust; fit for service.", so it might depend upon why it would matter whether or not you are... View More
My husband, who is in the Air Force, is leaving for about five months to tech school to cross train to his new AFSC. There is a parenting agreement in place for my stepdaughter and right now we have her every other weekend (Friday - Monday). Will a military POA suffice so I can take over my... View More
answered on Sep 23, 2022
The Judge was the ONLY person who established your husband's visitation rights, and the Judge is the only person who can answer this question. Do NOT rely on a "military POA." Ask the Judge.
answered on Sep 16, 2022
You can request to be put on a payment plan by calling VA at 800-827-0648 or by going to this website: https://www.va.gov/manage-va-debt/
We are both military she is Air Force. I am army national guard on a deployment. She is not going to allow me in the kids life and is going to send me court docs requesting protection. No domestic violence has occurred.
answered on May 19, 2022
In Florida, if you want to assert your rights you would need to file a petition for paternity. In Florida if you take no action the mother will have full legal custody and control of the child. Speak with a local family lawyer for more specific advice.
I am active duty member currently on deployment but coming home soon. Back in January my car got impounded for expired tags. I talked to the impound lot and explained the situation and they said they would hold my car till I got back from deployment. Now right when I am about to come home I found... View More
answered on Apr 7, 2022
You are protected by the Servicemembers' Civil Relief Act, which protects military personnel from certain actions while deployed. You should contact the bank and assert the repossession was improper under the Act, especially since you were not past due and had made arrangements for you... View More
“ The militia consists of all able-bodied citizens of this state and all other able-bodied persons who have declared their intention to become citizens.” Does this mean that there is no defined age range? I’m 15 years old, and I’m curious if I’m legally part of this militia.
answered on Feb 1, 2022
Florida Statute 0.02 Militia.— (the statute from which you have quoted) provides that
(1) The militia consists of all able-bodied citizens of this state and all other able-bodied persons who have declared their intention to become citizens. ... ".
Correct. There seems... View More
Charged with F2 Laviscious battery in Florida. Met person in an adult website that promised is only adults within their regulations. Person faked age and mother pursuing for this veteran to be charged. I did not know.
answered on Jan 4, 2022
First thing for you to do is to hire a competent and aggressive criminal trial lawyer...and refrain from discussing the facts of this case on the internet...These charges are extremely serious and you are facing severe consequences if convicted. My former partner, Bruce Lehr, is a very effective... View More
The father has not been in her life since she was 1, and has had no contact nor attempted to contact her. I understand that these kind of adoption can cost quite a bit, and given my wife's disability, we don't have that kind of extra money. So I'm asking if there are any pro bono... View More
answered on May 11, 2021
You can actually do this without an attorney if you are unable to locate a pro bono attorney. Here is the link to the forms from the Florida Courts website:... View More
He was named in a class action suit that was settled after he died and at the time all the children were minors and we never married. How can they find out what happened to this money that they should be entitled too.
answered on Aug 18, 2020
I'm very sorry for your loss and your family's loss. This is something that the military law attorneys or veteran's benefit's attorneys here would know the most about. But you await a response for two weeks. There is a nonprofit organization that deals with veteran's rights... View More
I've served 2 of 6 years and I'm 20 years old and I've met all of the conditions except the restitution. Is it possible to get off to join the military?
answered on Aug 7, 2020
Typically restitution is one of the most important conditions of probation. This of course depends on the type of charge and restitution amount involved. Some judges might be willing to convert restitution to a lien based on a Motion requesting the judge to do so. In my experience most judges will... View More
My girlfriend is being blacked mailed by her husband and threatening her that he will ruin her career and take everything away from her if she divorces him. He verbally and emotionally abused her. He uses religion to shame her and family as well. He has emails, text messages and pictures of us and... View More
Volunteered for duty with the understanding I would get diesel school after Basic training, got then told after basic, when I was stationed I got told then I didn't have it in writing so I was out of luck. Young and dumb, I would show them I went AWOL, then didn't honor their end , I told... View More
answered on May 15, 2020
Good Morning,
It is possible to address these issues. You can apply for a discharge upgrade as well as have certain information removed from your record. Their are a lot of variables that you should discuss with an attorney that is experienced in dealing with these issues. I have had... View More
can I have them dropped to misdemeanors, if not what can I do?
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answered on Jan 22, 2020
Possibly. You’ll need a good lawyer to make it happen for you and the backing of a recruiter
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