Military Law Questions & Answers by State

Military Law Questions & Answers

Q: I'm being discharged with a 5-17. I signed my packet last monday. It was sent off the following day. How long do I have

1 Answer | Asked in Military Law for Georgia on
Answered on May 21, 2017

That's probably an average time, but actions may be delayed if a commander is out or it has not gone through a legal review.
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Q: I have been in the military for 20 years got a misdemeanor cdv in 1994 and it was pardoned in 2003 due to going to Iraq.

1 Answer | Asked in Military Law, Civil Rights and Criminal Law for South Carolina on
Answered on May 20, 2017

The Pardon wipes away your conviction and you should be fine to have a concealed permit. I would recommend that you keep copies of your pardon paperwork in multiple places in the event it becomes an issue as to whether or not you have had your rights restored.
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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

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.
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Q: I need to know how long it takes to be separated from the national guard in PA if I popped hot for hydrocodone

1 Answer | Asked in Military Law for Pennsylvania on
Answered on May 20, 2017

You will be given notification of separation, and depending on how many years of service you have and the characterization of the discharge they are seeking (General, OTH...), you will have an opportunity to contest it at an Admin Board or waive the board and be processed out. With the Guard, I would guess anywhere from 60-120 days.
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Q: I have an article 15 in my OMPF that is preventing me from positions and assignments. How do I get it removed?

1 Answer | Asked in Military Law on
Answered on May 20, 2017

Each branch of service has some form of board of corrections for military records. For example if you're in the Army (as it appears you are), you might want to consider getting relief through the Army Board of Corrections for Military Records. A simple internet search will take you to the site and it is self explanatory. While it is meant for someone to do it on their own, you may want to seek the assistance of an attorney - either on post at Client Services/Legal Assistance or retain an...
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Q: I divorced my husband 15 years ago. He just retired from the military - am I entitled to any of his pension?

1 Answer | Asked in Military Law for California on
Answered on May 16, 2017

What did the court order in your divorce say re: split of his pension? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody,...
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Q: Received an OTH. CO recommended a General. Served for 2.5 years. Am I able to get it upgraded to General?

1 Answer | Asked in Military Law for Illinois on
Answered on May 16, 2017

Your chances of an upgrade are slim without finding some type of a procedural error. Your chances of success increase with an attorney, which can be expensive, as you are paying for knowledge, experience, and ability to spot issues and write persuasively.

As a Marine, you first want to apply to the Naval Discharge Review Board. There is no application fee. You have 15 years from the date of your discharge to apply. The standard is whether the discharge was inequitable or improper at...
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Q: My father was in the military all my life he never paid child support I was wondering can I get back child support

2 Answers | Asked in Child Support and Military Law for Illinois on
Answered on May 8, 2017

Child support is owed to the custodial parent not the child.

Why did your mother not collect child support.

There a million reasons why people do what they do.

Maybe they had their own side bar agreement that if he didn't get involved she wouldn't go after him for child support.

Anyway, the usual rule in Illinois is that child support starts from the time the Paternity case is filed or served on the father.
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Q: Hello ! Heres my question i recently found out my girlfriend is undocumented but i want to marry her can i get bah?

2 Answers | Asked in Military Law and Immigration Law for New Jersey on
Answered on May 7, 2017

To prevent issues, you need to retain an experienced immigration attorney. Immigration is a very complex area of law. It is a lot more than merely filling out forms. You need to retain an immigration attorney to handle all immigration proceedings. This prevents errors that can sometimes prove costly and may even be irreversible. You should always seek to obtain the best attorney that you can afford and not let geographic restrictions stand in the way. Some immigration attorneys will charge a...
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Q: Boyfriend misdiagnosed with autism as a young child wants to join military, any way to remove diagnosis from records?

1 Answer | Asked in Military Law and Health Care Law for Florida on
Answered on May 2, 2017

What he needs, in my opinion, is a letter from a doctor, preferably a specialist in the field of autism, to the effect that the previous diagnosis was erroneous, and hopefully explaining why.
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Q: How can I force my ex spouse to appear in court?

1 Answer | Asked in Divorce, Real Estate Law, Child Custody and Military Law for Georgia on
Answered on Apr 28, 2017

You may need to go to where she is and file in that jurisdiction. Courts mostly look to where the child is at for the purposes of the proper venue. That will be the surest way to get things moving and done. The downside to this is the expense. In some jurisdictions, you can ask for attorney's fees based on misconduct of the other side - but that may vary from state to state (and from judge to judge).
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Q: My boyfriend is in the military he is 19 and im 16 is it legal for us to have sex

1 Answer | Asked in Military Law and Criminal Law for California on
Answered on Apr 27, 2017

Sex with a minor is statutory rape.

See: http://www.aeesq.com/criminal-defense-lawyer/sex-crimes/

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts,...
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Q: Are there any pro bono lawyers with military experience who can calculation retirement percentage?

1 Answer | Asked in Divorce and Military Law for Texas on
Answered on Apr 20, 2017

Many state bar associations do have a program dedicated to pro bono (or low cost) assistance to servicemembers and veterans. I do believe that Texas does have such a program. Please go to the Texas State Bar Associations website for further information. In addition, if you are eligible, you can also consult with a Judge Advocate in Legal Assistance/Client Services.
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Q: I have orders to leave the 21st and I got a recommendation for ucmj. Will they take my orders away from me?

1 Answer | Asked in Military Law for Virginia on
Answered on Apr 20, 2017

It is likely you have been "flagged," so you may not be able to go on your orders. It is not uncommon for them to do a quick summary Article 15 (assuming that is what you are referring to as UCMJ) before you PCS/ETS.
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Q: Am I eligible for Readmission to my University after serving in the Army 1y?

1 Answer | Asked in Employment Law, Education Law and Military Law for California on
Answered on Apr 14, 2017

Review the school readmission rules with a lawyer, as you may have failed out of the school with that GPA.

See: http://www.aeesq.com/education-lawyer/education-law/

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA,...
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Q: What are my benefits as a spouse of my husband of the military army branch incarcerated for many years with a child

1 Answer | Asked in Child Support, Divorce and Military Law for Pennsylvania on
Answered on Apr 3, 2017

If he is incarcerated with the military, you have likely lost any pay and benefits.
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Q: How long does a Chapter 5-17 with more than 180 days in basic training take to be complete after sending the packet off?

1 Answer | Asked in Employment Law, Personal Injury and Military Law for Georgia on
Answered on Apr 3, 2017

Two weeks would be on the quicker end of things, but 4-6 weeks is pretty normal with all of the reviews it has to go through.
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Q: Can the military ignore doctors notes?

1 Answer | Asked in Military Law for Wyoming on
Answered on Apr 3, 2017

The ugly answer is "yes." Just like single-parent servicemembers have to have a childcare plan to take care of kids in the event of mobilization/deployment, the same concept applies here. The best advice is to work this through your chain of command and build support from the bottom up. Come up with a work plan - a way to possibly reschedule or do equivalent drill weekend work (RST). You could file a complaint with the IG or exercise your Commander's "open door policy," but your safer and...
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Q: For a DUI do you go to civilian court?

1 Answer | Asked in Military Law for California on
Answered on Mar 31, 2017

Generally, yes. While a DUI could be the subject of an Article 15 or even a courts-martial - the military will generally defer to the civilian court system. If the DUI is off-base you will go to either the state or municipal court. If the DUI was on base, it will go to the federal court before a magistrate judge. Should you plead or be found guilty, you will likely receive Letter of Reprimand, a Negative counseling, and be required to attend some form of alcohol assessment or classes....
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Q: Can I quit delayed entry program for army?

1 Answer | Asked in Military Law for California on
Answered on Mar 25, 2017

I assume you have not received any sort of bonus yet. They will generally push you and tell you that you could be in trouble, but in 21 years of service I have never seen anyone do anything. Once you get on that bus and show up, you are on the hook. Before you decide to not show up, I would recommend that you meet with an attorney that has a background in military law just to cover all of your bases. It may be worth the small investment to hire an attorney to contact the Recruiting Command...
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