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Military Law Questions & Answers
1 Answer | Asked in Contracts, Admiralty / Maritime, Constitutional Law and Military Law on
Q: Are you a BAR Member?

Do you answer to the British monarch

Tim Akpinar
Tim Akpinar answered on Nov 25, 2020

The maritime firms here practice in the U.S. mainly. There are online resources for finding UK maritime firms outside of this site. Additionally, some of the larger maritime firms based in the U.S. have international practices with offices overseas. Good luck

Tim Akpinar

1 Answer | Asked in Civil Rights and Military Law for Maryland on
Q: What are the laws governing private militias in MD?

I found many references to "Private and unauthorized Militias" but cannot find any definitions.

There are many Militias operating nationwide, but I cannot find any laws concerning their legality in the state of MD.

Mark Oakley
Mark Oakley answered on Nov 24, 2020

Maryland Public Safety Code, Title 13. Militia.

The full act and statutes can be accessed here:...
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1 Answer | Asked in Family Law and Military Law for Idaho on
Q: The last question i have is they both where adopted after i was born and .y father is ex military airforce retired?

I was told since they where adopted after i was born it makes me next of kin.

Kevin M Rogers
Kevin M Rogers answered on Nov 17, 2020

If they were legally adopted, they are your LEGAL brothers in every way!

1 Answer | Asked in Family Law and Military Law for Iowa on
Q: What rights do I have after my dad passed away

My aunt bullied me out of everything

Tim Akpinar
Tim Akpinar answered on Nov 9, 2020

I'm sorry for your loss. Your post remains open for three weeks. You may want to consider reposting under the Iowa Probate and Estate Planning sections. There's no guarantee all posts are picked up, but attorneys in those categories would be able to offer the most meaningful input. Good... Read more »

1 Answer | Asked in Military Law on
Q: 4 year initial enlisted contract but reupped/reenlisted at 2 years. Will I get the GI Bill for this period of service?

The 2 year being the period of service in question for the eligibility of the GI Bill

J. Heath Dillon
J. Heath Dillon answered on Nov 5, 2020

You're eligible now for partial GI Bill benefits. Usually, 36 months service is required for full benefits. Take a look at the site pasted below for further, more detailed information pertaining to your question. Thanks for your service.

www.va.gov/education/eligibility

1 Answer | Asked in Military Law for Louisiana on
Q: If considered a deserter in the marines what will be the likely outcome upon return

If a lawyer is hired is it possible that everything could get taken care of w/o returning due to the pandemic

Joshua Burke Johnson
Joshua Burke Johnson answered on Nov 2, 2020

You will need to speak to a JAG (able to practice in Courts-Marshal) because this will fall under the Uniform Code of Military Justice.

1 Answer | Asked in Military Law for Louisiana on
Q: What is the likely consequence for a Marine who went AWOL for over one year after being in for the same amount of time

Left due to psychological conditions and can show medical documentation proving the extenuating conditions of the psychological condition

R. Davis Younts
R. Davis Younts answered on Oct 29, 2020

Good Morning,

The typical response if you turn yourself in ranges from court-martial to administrative separation. If there are significant mitigating factors I would anticipate that an administrative separation could be negotiated. You should consider hiring an experienced attorney to...
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1 Answer | Asked in Military Law for Louisiana on
Q: Does anyone know any ex-Marine Judge Advocates or other military law attorneys knowledgeable with Marine Corps justice?
R. Davis Younts
R. Davis Younts answered on Oct 29, 2020

Good Morning,

There are several very good lawyers with military experience. For example I served on active duty for 11 years in the Air Force and have significant experience representing Marines. An important question is what legal issue are you dealing with. If you let me know the...
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2 Answers | Asked in Criminal Law, Divorce, Family Law and Military Law for Georgia on
Q: Good afternoon i have an issue with my spouse (married in the army) we have not lived together for a while now &

I know she used me to get her green card expedited and once she got she fled the state of Texas So with me not being knowledgeable as i am now about the time limit in her being in Georgia passed six months, i was too late in doing something to keep her here since a child was conceived through our... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Oct 24, 2020

Whether you are eligible for an annulment based on fraud is extremely fact specific based on your individual circumstances and the proof that you have to evidence her intentions in entering the marriage. Likewise, the cost of your divorce will depend on your individual circumstance and the... Read more »

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2 Answers | Asked in Family Law, Child Custody, Juvenile Law and Military Law for Georgia on
Q: I am 17 years old enlisted into the active army and will graduate in dec 2020 can i leave my moms home?

My DFCS case has been closed after almost 2.5 years. I enlisted in the army July 9th 9 days after my 17th birthday June 30, i am trying to leave home right when i grader Dec 18th 2020 legally and without any consequences due to my army contract !!

Regina Irene Edwards
Regina Irene Edwards answered on Oct 23, 2020

You are are minor until age 18.

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1 Answer | Asked in Criminal Law, Employment Law and Military Law for Texas on
Q: Can I still retire from the military if I have a 25 year old domestic violence charge and I'm at 18.5 years active duty?
Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Oct 11, 2020

This is not a criminal law question, so I cannot answer it. The question, I believe, is more properly a military law question having to do with the requirements for full benefits upon retirement of a person with such a problem in his/her past. It may also matter whether you were convicted (that is,... Read more »

1 Answer | Asked in Employment Law and Military Law for North Carolina on
Q: Am I protected under USERRA?

I am prior service. I met with a national guard recruiter 2 weeks ago and was informed I need to go to meps to swear in. I gave my boss verbal and written notice for both Monday and Tuesday that day and again that following Monday. I worked half a day on Tuesday and went to meps and came back to... Read more »

Ben Corcoran
Ben Corcoran answered on Oct 8, 2020

It is my understanding that you are not protected by USERRA for your trip to MEPS. Unfortunately, you are only protected for the time you are actually serving. I would look at this as a good thing, your employer was probably going to be very difficult once it came time to fulfill your guard... Read more »

1 Answer | Asked in Child Support and Military Law for Kentucky on
Q: My son is 25 an we just found his father who lives in Hawaii an in the military his father has never paid child support

Is my son entitled to anything an no he’s not on his birth certificate

Timothy Denison
Timothy Denison answered on Oct 1, 2020

No. The statute of limitations has run.

1 Answer | Asked in Employment Law and Military Law for Alabama on
Q: What do I need to do if I was fired from my job a month after I was activated with my reserves unit?

I have worked with my employer since Nov. 2018. In March of 2020, our restaurant was switched to curbside pickups only. They gave us the option to switch to unemployment because they would only keep a couple employees to work due to covid. April, I received orders for active duty starting 4/20 for... Read more »

Kyle Anderson
Kyle Anderson answered on Sep 30, 2020

I highly recommend reaching out to an employment attorney in your area to discuss options. This sounds like discrimination based on military service, which would be a violation of USERRA. The employer is required to place you back in the same position (or the position you would have attained had... Read more »

1 Answer | Asked in Copyright, Business Law, Military Law and Trademark for Pennsylvania on
Q: Good afternoon, I am starting a company called MARINEFIT. Could I get sued for using MARINEFIT or is it okay?

I am a Marine and a certified personal trainer, I named my business Marine fit. My business makes money and I am currently turning it into a official LLC. I should have the LLC done in a few days. I read on Marines website they do not authorize the use of USMC or their logos/brands for other... Read more »

Timothy John Billick
Timothy John Billick answered on Sep 26, 2020

Hi there,

First, thank you for your service! Second, good on you for asking these questions ahead of time! Third, congrats on starting your business!

To the merits ...

Your risk of upsetting the USMC to the point of eliciting a Cease and Desist letter here is relatively...
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1 Answer | Asked in Family Law and Military Law for Texas on
Q: Can my 1SG have me kicked out for not having daycare, with a stay at home wife, and no money to afford daycare?

My 1SG has given me 30 days to have a family plan/daycare put in place, and if it is not in place they will be kicking me out. My wife has quit her job that was only a weekend job. She is home with our kids 24/7. We barely have enough to get by as it is with a family of five after bills. We can not... Read more »

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Aug 27, 2020

This is a question for a JAG Officer. They answer to your question will likely be governed by the UCMJ and military rules, not Texas law.

1 Answer | Asked in Military Law for Alabama on
Q: What type of lawyer would be best for me if I'm submitting a DD-293 Application For The Review Of Discharge from USMC?
R. Davis Younts
R. Davis Younts answered on Aug 24, 2020

Great question. You want an attorney that has military experience as well as experience actually appearing before the Discharge Review Board. There are many attorneys that dabble in military law. You want someone with extensive military experience that practices before the Board frequently.... Read more »

1 Answer | Asked in Products Liability and Military Law for Florida on
Q: I am a living parent of a veteran that was heavily exposed to Agent Orange on Vietnam he has 4 other children who was or

He was named in a class action suit that was settled after he died and at the time all the children were minors and we never married. How can they find out what happened to this money that they should be entitled too.

Tim Akpinar
Tim Akpinar answered on Aug 18, 2020

I'm very sorry for your loss and your family's loss. This is something that the military law attorneys or veteran's benefit's attorneys here would know the most about. But you await a response for two weeks. There is a nonprofit organization that deals with veteran's rights... Read more »

1 Answer | Asked in Criminal Law and Military Law for Florida on
Q: I am on probation and I'm trying to get off to join the military. I have early term and withhold of adjudication.

I've served 2 of 6 years and I'm 20 years old and I've met all of the conditions except the restitution. Is it possible to get off to join the military?

Leonard Louis Cagan
Leonard Louis Cagan answered on Aug 7, 2020

Typically restitution is one of the most important conditions of probation. This of course depends on the type of charge and restitution amount involved. Some judges might be willing to convert restitution to a lien based on a Motion requesting the judge to do so. In my experience most judges will... Read more »

1 Answer | Asked in Criminal Law and Military Law for Alabama on
Q: It’s my first offense and I’m also in the military I got a UPOM2 charge and I’m black what’s are my chances in court
Sheila Crumley Field
Sheila Crumley Field answered on Aug 6, 2020

Very good. You have several options available. You can enroll in the PReTrial Diversion Program (PTIP) that is like probation except when you finish your case is dismissed. Or there is always Veterans Court which is the same thing, probation but when you finish your case is dismissed. Terms are... Read more »

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