Indiana Military Law Questions & Answers

Q: I’ve missed 9 drills in Indiana. they said If I don’t make them up I’m going to dishonerable... true or false?

1 Answer | Asked in Military Law for Indiana on
Answered on Dec 3, 2018
Angelina Bradley's answer
The only way to be dishonorably discharged is if it is awarded at a general court martial. Is it possible? Yes. Each missed drill is an Unauthorized Absence. They could choose to refer the charges to court-martial.

More likely is that they’ll administratively separate you, asking for either a General or Other Than Honorable discharge.

If they’re offering you to makeup your drills, you should ask if they’re going to make those UAs into AAs or if they’re just going to...

Q: My older brother's girlfriend sent me a message to kill myself. Do i report her to the police?

1 Answer | Asked in Family Law, Domestic Violence, Internet Law and Military Law for Indiana on
Answered on May 20, 2017
Robert Donald Gifford II's answer
It is recommended you make a police report to document what has happened and what has continued to occur. You may want to consider getting a protective order to stop the harassment. I would inform your chain of command in your reserve unit in the event it becomes an issue, and provide a copy of the police report.

Q: I am currently in the USMC but my residency is Indiana. Can I file for divorce in Indiana even tho I'm stationed in NC?

1 Answer | Asked in Divorce and Military Law for Indiana on
Answered on Mar 21, 2017
Robert Donald Gifford II's answer
If you maintained your residency under the Servicemembers Civil Relief Act, then yes. By that, I am assuming you kept that residence for the purposes of taxes (look at your LES to see where your state taxes are going), kept an Indiana DL, and Indiana plates on your car are all indicators you remain a resident there - so yes you can. The question becomes "why" would you want to do so if you are not living there.

Q: Can I sign up for the National Guard or Marines if am a student/immigrant?

1 Answer | Asked in Employment Law, Immigration Law and Military Law for Indiana on
Answered on Feb 6, 2017
Patrick Korody's answer
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

Q: Who were the lawyers in th schenkvs untied states case?!

1 Answer | Asked in Military Law for Indiana on
Answered on Dec 30, 2010
Paul Overhauser's answer
Schenk v. US is a famouns case, reported at 249 U.S. 47. However, becuase the case is very old, Decided March 3, 1919, they did not publish the attonreys names in the opinions like they do now.

You can read the opinion here: http://supreme.justia.com/us/249/47/case.html

Paul Overhauser

317 891-1500

www.overhauser.com

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