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2 Answers | Asked in Family Law, Gov & Administrative Law, Military Law and Public Benefits for Kentucky on
Q: My daughter's father was killed over seas. He was in the United States army once stationed at ft Knox and fort polk

What can I do about getting my daughter's benefits from his death for support for my child his name is xx

Robert Donald Gifford II
Robert Donald Gifford II
answered on Jan 9, 2024

Order his military records from St. Louis from the National Archives. You can find that information online. I would request the entire file, to include medical, DD214, etc. Once you receive, go to the Veteran's Administration website and they will give additional guidance. You may also get... View More

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1 Answer | Asked in Military Law for North Carolina on
Q: Discharged from the airforce under an ELS due to fraudulent enlistment, but completed BMT with honors, what can I do?

My nephew was discharged from the airforce under an ELS due to fraudulent enlistment because of mental health issues from middle school and ADHD that was never disclosed to his parents, he has graduated high school with and went to BMT at 17 years old and completed it with honors and was even... View More

James L. Arrasmith
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answered on Jan 17, 2024

In cases of an Entry-Level Separation (ELS) from the military due to issues like fraudulent enlistment, re-enlisting can be challenging but not always impossible. Your nephew's first step should be to obtain a copy of his discharge paperwork, specifically the DD-214 form, which will detail the... View More

1 Answer | Asked in Family Law, Elder Law, Military Law and Social Security for Georgia on
Q: Contacted by estranged sister's (head injury/stroke) caregiver (deceased husband's cousin) to assume his POA. Must I?

Estranged (in TX since 1972) sister (DOB April 1954) falls in 2012due to Air Force knee injury (surgery & discharge 1974; also forced early retirement in 2011) & struck head, resulting in stroke hours later, which resulted in partial paralysis. Her husband cared for her until his death from... View More

James L. Arrasmith
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answered on Jan 5, 2024

You are not legally required to assume the power of attorney (POA) for your sister. Accepting the role of POA is a voluntary decision and carries significant responsibilities, particularly in managing her personal and financial affairs. Given your concerns about your ability to provide financial... View More

1 Answer | Asked in Education Law, Employment Law, Military Law and Public Benefits for Ohio on
Q: Are Ohio public school teachers considered public employees for the purpose of paid military leave in Ohio?

Say a teacher were to join the national guard... Public employees are given additional benefits when serving in the national guard. Does a teacher receive these benefits based on Ohio law?

James L. Arrasmith
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answered on Dec 31, 2023

Under Ohio law, public school teachers are indeed considered public employees. This classification is significant when it comes to eligibility for certain benefits, including those related to military leave.

If a teacher joins the National Guard, they are entitled to the same benefits as...
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2 Answers | Asked in Military Law, Civil Litigation and Probate for New York on
Q: To whom it may concernMy cousin an army veteran passed away with no will, and won a lawsuit settlement.

What action can I take if he won a lawsuit, and I was the person that provided for him when he was alive and also paid all the expenses for his funeral. I called the law firm and was told that yes he won the case however no one will be getting any of the settlement.

T. Augustus Claus
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answered on Dec 29, 2023

If your cousin, an Army veteran, passed away without a will and won a lawsuit settlement, and you were the primary provider for him during his life and covered the expenses for his funeral, there are legal avenues you can explore. Despite the law firm indicating that no one will receive any of the... View More

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1 Answer | Asked in Military Law and Collections on
Q: looking in to US code 5 5514, i am a military member with DOD debt. I have never received a debt notification.

I was overcharged pay last year in the USMC, and have never received a debt notification letter. DFAS does not see any debts or credit in their system and neither does my local office. i have already had loss of pay and now a payment plan started. i was look in the US code 5 5514, and believe that... View More

James L. Arrasmith
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answered on Dec 29, 2023

Under U.S. Code Title 5, Section 5514, when a federal employee, including a military member, owes a debt to the United States, there are specific procedures that the government must follow before starting to collect the debt through salary offset. One of these procedures includes providing the... View More

1 Answer | Asked in Divorce, Military Law and Family Law for Texas on
Q: Uncontested divorce in Texas (Ft Worth), are they charged at a standard rates or are there low cost options available?
James L. Arrasmith
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answered on Dec 21, 2023

In Texas, the cost of an uncontested divorce can vary. While there is no standard rate for all uncontested divorces, many attorneys offer flat fees for these types of cases, especially when they are straightforward and the parties agree on all major issues. This flat fee can often be more... View More

1 Answer | Asked in Military Law for Georgia on
Q: When having to move due to military orders. Will the service member receive their deposit back in full?
James L. Arrasmith
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answered on Dec 11, 2023

Under the Servicemembers Civil Relief Act (SCRA), a service member who has to move due to military orders is typically entitled to certain protections, including the ability to terminate a residential lease early without penalty. When you receive military orders requiring you to relocate, you have... View More

1 Answer | Asked in Employment Law, Health Care Law and Military Law for Ohio on
Q: Can I sue employer for charging retroactive premium on health benefits while on military leave?

I went on military leave from civilian job (February 6th). All I was told is that company policy would allow me to return to job once I returned. When I returned 7 months later (September 11th), now employer is deducting health insurance from time on leave.

Now I am being told that I had... View More

James L. Arrasmith
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answered on Dec 11, 2023

Under the Uniformed Services Employment and Reemployment Rights Act (USERRA), service members are provided certain protections regarding employment and benefits when they leave for military duty. USERRA requires that your job and benefits be protected during military leave, but it also allows... View More

2 Answers | Asked in Criminal Law, Constitutional Law and Military Law for Texas on
Q: Didnt know about warrant issued 6 years ago never been arrested or contacted by police what can happen?

So I work for a big bank as a fraud invesitgator going on 4 years they did fingerprinting and background check before hiring me everything was fine. I went to enlist in Military an a background check was performed an they stated i have a active arrest warrant for tampering/w gov document. Im very... View More

Mr. Shannon Willis Locke
Mr. Shannon Willis Locke
answered on Dec 8, 2023

Unfortunately, the statute of limitations is paused once a case is filed. However, you do have a right to a speedy trial. To avail yourself of that right you need to clear the warrant (this is something that an experienced criminal defense attorney should know how to do in the jurisdiction with the... View More

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2 Answers | Asked in Military Law and Health Care Law for Tennessee on
Q: Do I have to provide a lawyer my medical records do they can look for a lien since I’m a disabled veteran?
James L. Arrasmith
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answered on Dec 7, 2023

In legal matters, including those involving liens and disability as a veteran, providing your attorney with relevant medical records can be important. These documents can help your lawyer understand your situation fully and identify any potential liens.

However, you have the right to...
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1 Answer | Asked in Family Law, Military Law and Child Support for Missouri on
Q: Hi. My husband is a disabled veteran and receives disability and he left me and the kids. Are the kids entitled to child

Hello. My husband is a disabled veteran and receives disability and he left me and the kids. Are the kids entitled to child support from his disability check ??

James L. Arrasmith
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answered on Dec 7, 2023

In cases of child support, a parent's income, including disability benefits, is typically considered when determining their child support obligations. If your husband is receiving disability benefits, these can be factored into the calculation for child support.

However, the specific...
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1 Answer | Asked in Military Law and Employment Law for California on
Q: I am on a multiyear retention bonus. If I fail to select twice, am I separated thereafter or at the end of my bonus ADSO

I’m a health professional in the Navy

James L. Arrasmith
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answered on Dec 7, 2023

In the context of a multiyear retention bonus in the Navy, the specific terms of your agreement will primarily dictate the consequences of failing to select twice. Typically, these agreements outline the conditions under which you are expected to serve and the implications of not meeting those... View More

1 Answer | Asked in International Law and Military Law for New York on
Q: Under the Viena Convention of similar treaty how do you secure the physical safety of a head of state in foreign land?

Under the Viena Convention of similar treaty how do you secure the physical safety of a head of state in foreign land?

The president of Ecuador is basically permanently 'exiling' his VP to Telaviv Israel, to "help" solve the Hamas/Israel war [in reality, he has a... View More

James L. Arrasmith
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answered on Dec 5, 2023

Under international law, specifically the Vienna Convention on Diplomatic Relations, the physical safety and security of a head of state or other high-ranking officials in a foreign country is primarily the responsibility of the host nation. This responsibility is grounded in the principle of... View More

2 Answers | Asked in Military Law for Florida on
Q: Am I a member of the unorganized militia of the United State?

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?

Terrence H Thorgaard
Terrence H Thorgaard
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

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Q: Can my company commander (army) deny me leave for a explicit doctors note for my wife.

My wife just had a miscarriage caused by my company commander and 1SG, we got a doctor’s note explicitly saying because she has 2 kids and recovering from a miscarriage that she’s on bed rest and that I need to be home to take care of her. They only gave me 3 days when the doctor said 2 weeks.

James L. Arrasmith
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answered on Dec 1, 2023

In the U.S. military, leave requests are generally subject to approval by a commanding officer, considering both the needs of the service and the individual circumstances of the service member. In cases like yours, where there's a critical family situation such as a medical emergency,... View More

1 Answer | Asked in Military Law for Ohio on
Q: I enlisted in the army in July 2003 and received a medical discharge I never got any of my sign on bonus Shouldn’

It was for 30,000.0” and I signed a eight year enlistment contract with full intention of completing

I didn’t plan on having a seizure

I never received a dime

James L. Arrasmith
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answered on Nov 29, 2023

In cases like yours, where a medical discharge occurs before the fulfillment of the enlistment contract, eligibility for the enlistment bonus can be complicated. Typically, enlistment bonuses are paid out for completion of certain terms of service, and a medical discharge might affect this.... View More

1 Answer | Asked in Military Law for Oklahoma on
Q: How do I prove that I am retired by my DD 214
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answered on Nov 27, 2023

To prove that you are retired military, your DD 214 form is a key document. The DD 214, also known as the Certificate of Release or Discharge from Active Duty, is issued upon a military service member's retirement, separation, or discharge from active duty. This form contains information about... View More

1 Answer | Asked in Military Law for Oklahoma on
Q: If retired, where on the DD214 does it say you are retired?

How else does it show retirement?

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answered on Nov 27, 2023

On the DD 214 form, the retirement status of a service member is typically indicated in the "Character of Service" section and in the "Narrative Reason for Separation" section. These areas of the form will clearly state if the separation was due to retirement. Additionally, the... View More

2 Answers | Asked in Criminal Law, Elder Law, Identity Theft and Military Law for Massachusetts on
Q: neighbor stole $8000 from my 80 yr old mom's bank card, caught on bank ATM camera, admitted it and wasn't arrested.

Intentional, waited till I left for a week to use my mom's card. Intent was there considering he was smart enough to only take out the maximum money allowed daily from ATMs, fun times at Mohegan Sun, all totally caught and verified by police. They brought him in for questioning and told me... View More

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answered on Nov 27, 2023

In the situation where your 80-year-old mother's bank card was stolen and used to withdraw money, it's understandably frustrating and confusing when the perpetrator admits to the crime but isn't arrested. The decision to arrest or not can depend on various factors, including local... View More

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