Military Law Questions & Answers

Q: Is using a camouflage colored pants illegal? No patches, no nothing, just camouflage colored.

1 Answer | Asked in Military Law on
Answered on Jul 16, 2018
Angelina Bradley's answer
No, it isn't illegal to wear camouflaged pants. You will run into problems with the Stolen Valor Act when you start wearing rank, medals, and other insignia. But if it's just the pants, you should be fine.
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Q: My husband claims me on his VA benefits still, he hasn't supported me or my children, when I had them home, in 5 years.

1 Answer | Asked in Military Law and Divorce for Oklahoma on
Answered on Jul 15, 2018
Gary Johnston Dean's answer
You should consult an experienced Family Law Attorney, in your area, for help with this problem ASAP. You have waited long enough to receive what you're entitled to from this bum!
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Q: How much time does chain of command have to initiate a statement of charges?

1 Answer | Asked in Military Law for Oklahoma on
Answered on Jul 12, 2018
John Cannon's answer
You need legal assistance office or a retained attorney to assist you in your FLIPL rebuttal. Not having a signed hand receipt for government property is potentially a valid defense.
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Q: Can a Virginia lease be terminated by a military who wasn't the original lessee without a Military clause?

1 Answer | Asked in Contracts, Real Estate Law, Landlord - Tenant and Military Law for Virginia on
Answered on Jul 11, 2018
F. Paul Maloof's answer
Only the lessee who is on military duty has the right to invoke such a termination provision.
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Q: How should I handle the following military matter?

1 Answer | Asked in Collections, Gov & Administrative Law and Military Law for Georgia on
Answered on Jul 10, 2018
Angelina Bradley's answer
There are too many specifics in your case that aren't provided here in your question, and I"m sure more nuances will arise. I'd head down to talk to your local Area Defense Counsel or Defense Service Office for a free consultation. They'll be able to help walk you through this.
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Q: Can I be discharged from the navy for depression?

1 Answer | Asked in Military Law for Pennsylvania on
Answered on Jul 10, 2018
Angelina Bradley's answer
Yes. if you remain on LIMDU for more than three periods, you will be referred to the Physical Evaluation Board. The board will determine if your ability to perform your duties has been significantly impacted by your depression. If so, you'll be rated by the VA. If your rating is 30% or above, you'll be medically retired from the Navy. If less than 30%, you'll be medically separated.

The Navy provides free IPEB attorneys for you to ask questions of, located at all major military...
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Q: What happens if you get busted for something while stationed overseas? Like a DUI?

1 Answer | Asked in Military Law for California on
Answered on Jul 10, 2018
Angelina Bradley's answer
It depends on your service branch. In the Navy, if you're attached to a ship, you're going toArt 15/ NJP/Captain's Mast because you can't refuse. Otherwise, your command may try to take you to NJP or elect to take you to court-martial. They may elect to administratively separate you from the service. It's at your commander's discretion.

You should contact your local Defense Service Office/Area Defense Counsel for free advice. There are also many civilian attorneys (myself included) who...
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Q: My wife has just been sued, but she's deployed. What do we do now?

1 Answer | Asked in Military Law for Texas on
Answered on Jul 10, 2018
Angelina Bradley's answer
The Service Member's Civil Relief Act provides protections for deployed service members. You should head to your local base legal office to get assistance on how to invoke her rights under the SCRA. Most courts near military bases have a panel of pro bono attorneys who do this work.

If you can't get assistance that way, reach out to me directly and I'll see if I can connect you to a Texas lawyer.
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Q: Hello, I’m in the military and trying to break out of my lease and it’s pretty confusing. Can I have some help with it?

2 Answers | Asked in Contracts, Military Law and Real Estate Law for Texas on
Answered on Jul 7, 2018
Angelina Bradley's answer
A commission is what officers receive when they join the service.
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Q: What are the main international legislation requirements applicable in the field of engineering services?

1 Answer | Asked in Government Contracts, Intellectual Property, Military Law and Patents (Intellectual Property) on
Answered on Jun 28, 2018
Kevin Flynn's answer
I am not seeing a patent issue here. To the extent that a patented concept has been embedded in a US required standard, then the patent rights necessary to adhere to the standard must be made available in a license to any company that requests it.

See https://en.wikipedia.org/wiki/Reasonable_and_non-discriminatory_licensing

I hope this helps.

Kevin E Flynn
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Q: Currently on deployment so I left my vehicle back in the states with a buddy. Another service member who I have let use

1 Answer | Asked in Gov & Administrative Law and Military Law for California on
Answered on Jun 26, 2018
Angelina Bradley's answer
It's a multi-part question:

1) If you didn't pay your insurance bill, then yes, you were uninsured at the time of the accident and they would not directly pay you to replace the totaled vehicle.

2) Yes, you can hire a personal injury attorney and sue your buddy for the damages and losses related to your vehicle. The attorney would likely collect a portion of the judgment, and you would get the remainder.

3) Yes, you can file a police report, explain you were on...

Q: Just got done with Active duty Military. Just got done with leave my guard unit wants to meet in two weeks to do

1 Answer | Asked in Military Law for California on
Answered on Jun 26, 2018
Angelina Bradley's answer
There is a possibility of early release, but it's unlikely it will be granted. Guard service, like active duty service, is a contract that is not easy to get out of. There are hardship options out there. But if you're in an undermanned MOS, it's unlikely they'll release you.

That said, most employers are subject to USERRA and will work with you on your Guard service. It doesn't have to negatively interfere with your civilian job.

Q: 2012 charged with assault consummate by battery, but it never went through any criminal proceedings. Honorable discharg

1 Answer | Asked in Criminal Law, Federal Crimes and Military Law for Pennsylvania on
Answered on Jun 24, 2018
Peter Munsing's answer
Depends on the agency but usually that will attract at least extra scrutiny of your entire record. You may want to look at having that expunged.
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Q: I am active duty military and am stationed in another state.

1 Answer | Asked in Family Law and Military Law for Pennsylvania on
Answered on Jun 12, 2018
Kathryn Hilbush's answer
Generally speaking, none of the states consider cost of living or living standards when determining child support. Most states have rules for calculating support orders which involve consideration of income only, not living expenses. You may want to consult by telephone with an attorney in the county where your support order was entered to see if there are any options open for you.

Q: What % of retirement is the ex wife entitled to using the Brown law/Brown Formula, in California. 9 years married

1 Answer | Asked in Family Law and Military Law for California on
Answered on Jun 12, 2018
Tobie Brina Waxman's answer
Who is "us"? Do you have an attorney? What do you mean that she served papers for you to calculate the percentage. It doesn't work that way. If there is a retirement account to be divided because of a divorce judgment or court order, the retirement account at issue is divided by QDRO. Whether the Brown formula even applies depends on the type of retirement account you are talking about. Using Brown, the interest owed to the alternate payee is calculated using the actuarial equivalent of...

Q: I am an active military member, i need an experienced lawyer with Military divorce to counsel and represent me

1 Answer | Asked in Child Support, Divorce, Family Law and Military Law for Maryland on
Answered on Jun 3, 2018
Lynndolyn Tippins Mitchell's answer
I have represented active duty military and also have personal experience with the military with respect to pensions and survivor benefits.

Sincerely,

Lynndolyn Mitchell

Q: Is there anyway I can legally carry a Expandable Baton on my person for self defense and what would be the restrictions?

1 Answer | Asked in Criminal Law and Military Law for California on
Answered on May 23, 2018
Dale S. Gribow's answer
not sure

i would check with local police station but i assume it will be a deadly weapon that police would not want in the hands of a non police officer..............

Q: Do you lose any benefits after 20 years active duty if you retirement in lieu of elimination?

1 Answer | Asked in Military Law for Virginia on
Answered on May 17, 2018
Patrick Korody's answer
You really need to talk an attorney if you are asking yourself this question. That is a lot of money to not be sure of the consequences.

Q: Does a landlord in VA have to prorate the last date for a military family that is to be deployed to Florida.

1 Answer | Asked in Landlord - Tenant and Military Law for Virginia on
Answered on May 9, 2018
F. Paul Maloof's answer
I am not sure what you mean by the "information on the Military...." Generally, any issue that deals with prorated rent for a person in the Military will be addressed in the body of the lease.

Q: Can I leave my current apartment lease with official orders to ship to Naval RTC?

1 Answer | Asked in Military Law for Washington on
Answered on May 7, 2018
Robert Donald Gifford II's answer
You need to put it writing to your landlord and request to terminate the lease, and include a copy of your orders. If you think there is going to be a legal fight, send it certified mail and keep a copy. If you have an email address or fax number, I'd be that thorough. The earliest termination date will be 30 days after the date on which the next regularly scheduled rent is due.

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