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Arkansas Military Law Questions & Answers
1 Answer | Asked in Military Law and Employment Law for Arkansas on
Q: If I am a salaried employee and I go to my scheduled Drill for the ANG for 2 days, is my employer allowed to doc pay?

I am salary and missed 2 days of work due to drill for the ANG and my employer is reducing my pay for the 2 days of missed work. I believe my pay is protected under FLSA since I did not miss a week of work. They told me my options were to take my PTO or Unpaid Leave. They had prior notice to my... View More

Brandon L Newberry
Brandon L Newberry
answered on Jun 20, 2024

Employers are generally required to follow certain laws and regulations regarding pay for employees who are members of the National Guard and are called to perform military duties, including drills. The key law governing this area is the Uniformed Services Employment and Reemployment Rights Act... View More

1 Answer | Asked in Contracts, Employment Law, Government Contracts and Military Law for Arkansas on
Q: My 19 YO son enlisted in the Army. He signed papers for 4 years active duty. Has not passed AVAB yet. What can he do?

My 19 year old son enlisted in the Army. He signed papers for 4 years active duty, 4 years reserves. He hasn’t even passed the ASVAB yet. His recruiter is awful and won’t answer phone calls or texts most of the time. He has my son going to a 3 week study class to help him score better on the... View More

James L. Arrasmith
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answered on Oct 6, 2024

Your son still has some options, even after signing his enlistment contract. Since he hasn’t passed the ASVAB yet, he hasn’t fully qualified for service, and this may give him some flexibility. He could work with his recruiter or someone higher up to explore if there’s a possibility to delay... View More

1 Answer | Asked in Military Law for Arkansas on
Q: Does the misdemeanor Possession of sexually explicit digital material disqualifies me from military
Paul E. Tennison
Paul E. Tennison
answered on Oct 4, 2019

Speak with a recruiter. They understand what will disqualify you from military service and what will not. These requirements change overtime and sometimes they can secure waivers to allow enlistments that would otherwise not be allowed. Good luck.

1 Answer | Asked in Criminal Law and Military Law for Arkansas on
Q: My violation is 5–23-308... Can I still serve in the Guard? Or purchase a firearm?

Currently still serving in the national guard. As far as JAG and what I’ve found it’s a toss up on whether I can stay in or not.

James E Hensley Jr
James E Hensley Jr
answered on Dec 1, 2017

You should be able to stay in the military. This is almost the lowest misdemeanor in Arkansas. You should be able to clear your record though depending on how long ago this charge was put on your record. I think you should contact an attorney and talk about this. Jim Hensley. Conway AR

3 Answers | Asked in Criminal Law and Military Law for Arkansas on
Q: Class C felony forgery keeping me from enlistment of military

When I was 19 I got convicted for class C felony for forgery and the state of Arkansas is the one that picked up the charges when the owner dropped the charges. I was in the National Guard at the time and the guard said they couldn't do anything about it it has now been six years later and... View More

W. Whitfield Hyman
W. Whitfield Hyman
answered on Sep 30, 2017

If you get a pardon from the governor you might be able to reenlist, otherwise you would need to do a writ of error coram nobis because it has been so long.

A writ of error coram nobis is available for addressing certain errors that are found in one of four categories:

(1)...
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1 Answer | Asked in Criminal Law, Gov & Administrative Law and Military Law for Arkansas on
Q: Can I mount emergency lights in my POV only lights non sirens. I'm military police and just wondering if I can.
Robert Donald Gifford II
Robert Donald Gifford II
answered on Jul 27, 2017

Most civilian jurisdictions (state or municipal laws) disallow this on non-official vehicles. I would check with your local law enforcement before doing so.

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