Get free answers to your Military Law legal questions from lawyers in your area.
Your current state is Ohio
I have been harassed and tortured me and my wife by my previous neighbor and I know his name as well
answered on Jul 8, 2024
There have been a small number of lawsuits filed by litigants alleging "remote neurological monitoring" which have been universally dismissed on various grounds. In many cases, litigants are unable to prove that they are a victim of "remote neurological monitoring" or that... 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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Seems unfair to me that I've had an issue come up with my health with a know issue, I'm a 70% disabled vet and going to a few VA appointments that I've told my boss was informed about in as much of advance that I knew minus the er trips
answered on Jun 20, 2024
No, your employer cannot legally fire you, a disabled veteran, solely for having too many VA appointments or trips to the ER, especially if you have provided as much advance notice as possible. You are protected under several federal laws:
Uniformed Services Employment and Reemployment... View More
I have been denied vacation time 2x. Other employees are receiving their vacation time . I reported being singled out and said I was filing a complaint. That I no longer wished to be under my current supervisors. They moved me to another correctional facility under what feels like retaliation.
answered on Jun 20, 2024
Yes, as a member of the National Guard or a veteran, you are protected under Equal Employment Opportunity (EEO) laws. Two key federal laws provide these protections:
The Uniformed Services Employment and Reemployment Rights Act (USERRA):
USERRA prohibits civilian employers from... View More
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
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 31, 2024
Under California law, whether you need to provide your command with a doctor's note when visiting a clinic off base through personal healthcare insurance depends on your employer's policies and any relevant agreements you have with them. In general, employers may require a doctor's... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 22, 2024
It's important to understand a few key points:
1. The concept of "targeted individuals" who believe they are being stalked, harassed or surveilled by the government is not supported by credible evidence. In the vast majority of cases, these beliefs stem from mental health... View More
I am active duty Army on the cusp of retirement. My family is in TX, the accusers are in GA. This is the second time they've made these accusations. The first time they tried to be anonymous, but it was obvious the source. The alleged assault was ruled out because it was absolutely false.... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 1, 2024
I'm so sorry you and your family are going through this incredibly difficult situation with false accusations being made against you repeatedly. This is an awful thing for anyone to have to deal with. Here are some steps I would recommend taking:
1. Consult with an experienced attorney... View More
my pass was denied due to me being flagged AR 600-8-2 specifically lays out what constitutes a favorable action and subsequently what favorable actions aren't allowed when a service member is flagged.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 1, 2024
AR 600-8-2 is the Army Regulation that covers suspension of favorable personnel actions (FLAG). It outlines the policies and procedures for flagging soldiers and the impact of a flag on their personnel actions.
When a soldier is flagged, certain favorable personnel actions are prohibited.... 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?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
My dad died before I was 1, he wasn't married to my mom, he was a military vet (Master Sergeant) who served from 1941-1967 and died in 1977, I wasn't mentioned in his probate papers,bi was taken from my mom rt after and raised in foster care, I'm his only living relative and I want... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 1, 2024
I'm sorry to hear about your situation. Navigating probate, estate matters, and military records can be complex, especially given the circumstances you described. Here are a few steps you can take to gather more information and seek assistance:
1. Military records: To obtain your... View More
An employer has stated that dates for drill will only be granted if another employee (shift manager in this case) puts their names on that date wanting that day off. Since then, employees have put their names down from May to October which will cause the GSDF soldier from attending drills as... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 16, 2024
In Georgia, the law provides specific protections for members of the Georgia State Defense Force (GSDF) when it comes to fulfilling their military duties, including attending drills. Under the Uniformed Services Employment and Reemployment Rights Act (USERRA), and specific state laws, employers are... View More
My final paycheck in the military was a few hundred dollars over what it was supposed to be. They sent me a letter stating this about 3 months after I was separated saying I need to pay it back with interest at 4%.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 12, 2024
When the military overpays an individual, whether through clerical error or other mishaps, it indeed considers the extra funds as a debt owed back to the government. This is common across many branches, including the Navy. Once they've identified an overpayment, they are required to notify you... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 12, 2024
If you believe that a law enforcement officer has acted improperly or illegally in their dealings with you as a confidential informant, you may want to consider the following steps:
1. Consult with a criminal defense attorney who has experience dealing with cases involving confidential... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 was honorably discharged from the navy after 3 and a half years for refusing to get the covid 19 vaccine. And recently the secretary of the Army Christine Wormuth has issued a memorandum that rescinds all policies associated with the DOD COVID-19 vaccination mandate.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 24, 2024
You might have grounds to open a case if your discharge was directly related to policies that have since been rescinded. It's important to understand that legal challenges against the Department of Defense or any military branch require specific grounds such as wrongful discharge or violations... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 22, 2024
If the military is not following through on their promise to repay student loans under your contract, it's essential to understand your options carefully. Begin by reviewing your enlistment contract and any other relevant documents to confirm the terms regarding loan repayment. Documentation... View More
Military service was 2013 and got out 2018. 2023, get letter of debt. Nobody will answer the phone or return messages. 2 appeals sent, "no record of appeal found". Wage garnishment happens for 2 months then stops only to have my taxes be taken now. Can they do this and not allow me an... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 16, 2024
Yes, the U.S. Treasury has the authority to garnish wages and intercept tax refunds for debts owed to federal agencies, including debts related to lost or unreturned equipment from military service. This process is part of the Treasury Offset Program, which allows for the collection of federal... View More
I’m military and my daughter went with my mom then dad while I was deployed now he doesn’t want to give her back and filed custody and he’s withholding the child from me
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 9, 2024
I'm sorry to hear about your difficult situation. Custody disputes can be stressful, especially when one parent is withholding the child from the other. Here are a few important points to consider:
1. Deployment orders: If your child was staying with your parents due to your military... 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
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
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
