Military Law Questions & Answers

Q: Joining the Army, but bump in the road. What should I do? Please read carefully

1 Answer | Asked in Military Law for Maryland on
Answered on Nov 15, 2018
Joseph D. Allen's answer
It wouldn't help anything to lie about the previous incident. If you know the name of the Navy recruiter, it is odd that they can't find him/her. However, it is very unlikely they would support your story and admit they told you to lie, even if they found them. What doesn't add up here is why you apparently told other recruiters about the Navy issue, but not the Army recruiter looking at your file. Anyhow, you may be ultimately unsuccessful in joining the Army- but the best bet seems to be...

Q: My gay son was discharged from the army and refuses to tell me what happened. Think I need to hire a lawyer for him?

1 Answer | Asked in Military Law for Texas on
Answered on Nov 2, 2018
Angelina Bradley's answer
What would you want to hire the attorney for? In the discharge process, your son should have been notified he had the right to consult with an attorney, and, if the discharge characterization was Other Than Honorable or he’d been serving more than 6 years, he would have been offered a hearing and an attorney.

There’s not enough information here to know what service an attorney would provide. Discharge characterization upgrade? Records correction? You — or better, your son — are...

Q: Can I get out of the Navy Reserves if I need to help out family more

1 Answer | Asked in Military Law for California on
Answered on Oct 23, 2018
Angelina Bradley's answer
Hello. Yes, you can ask for a hardship separation from the Naval Reserve. Depending on where you are in your contract, you can also request to be transferred to the IRR so your drilling requirement would be eliminated -- you'd just have an annual check-in (and you'd still be subject to recall to active duty).

Please feel free to reach out for a consult. I do this sort of work often, and I am also here in San Diego (don't let the number fool you): 323-487-1171.

Q: I suspect my daughter is the victim of abuse - do I alert the base, or the regular cops?

1 Answer | Asked in Military Law for California on
Answered on Oct 19, 2018
Angelina Bradley's answer
Where do you think the abuse occurred? If off-base, you should contact local PD for the criminal investigation, then contact your base Family Advocacy Program to report the abuse.

I specialize in Military Victim Rights. If it's sexual abuse, and the case heads to military criminal trial, your daughter will be appointed a victim rights attorney at no charge to you. Outside of that, if you need legal assistance, please feel free to reach out and I can help with your daughter's military...

Q: When would military law ever apply to a private citizen?

1 Answer | Asked in Military Law for Texas on
Answered on Oct 13, 2018
Angelina Bradley's answer
The Uniform Code of Military Justice provides for specific instances when the code would apply to civilians. As a general rule, that civilian would need to be serving alongside the armed services (e.g. as a contractor). It's more likely that the Military Extraterritorial Judicial Act would apply for civilian misconduct.

Q: I'm pregnant, how soon can I start the process with DCSS?

2 Answers | Asked in Family Law, Child Custody, Child Support and Military Law for Georgia on
Answered on Oct 5, 2018
Regina Irene Edwards' answer
You can file for child support as soon as the baby is born. He will likely be ordered to provide health insurance as well as child support.

Q: What would be good legal advice for a military spouse who suspects their spouse has been having an affair?

2 Answers | Asked in Divorce and Military Law for Louisiana on
Answered on Oct 4, 2018
Ellen Cronin Badeaux's answer
You should hire a divorce lawyer before you report this to her command.

Q: I want to reverse an adoption in LA CA in 2002 I am 23 now. I want to petition to get my OG birth cert. for military PIP

1 Answer | Asked in Adoption, Family Law and Military Law for California on
Answered on Sep 30, 2018
Tobie Brina Waxman's answer
Were you adopted by a u.s. citizen? I'm not sure I understand what it is that you are trying to accomplish.

Q: I took leave and was suppose to go to Texas, I went to California.My OIC gave me a slap on the wrist.

1 Answer | Asked in Military Law for Pennsylvania on
Answered on Sep 29, 2018
Angelina Bradley's answer
Probably. The statute of limitations for false official statement and unauthorized absence are both longer than 2 months.

You should talk to your local Area Defense Counsel or Defense Service Office for advice. You can also reach out to a civilian military counsel like me for a consultation.

Good luck.

Q: I might be getting punished for Unauthorized Absence.

1 Answer | Asked in Military Law for Illinois on
Answered on Sep 28, 2018
Angelina Bradley's answer
Your submission doesn't really state a question, but if you're asking what your options and exposure are, you have a couple options. Head to the DSO North detachment during walk-in hours for a PERSREP appointment, which will be free, or reach out to a civilian military justice practitioner like myself for a consultation.

Good luck.

Q: I was given a ticket for harassment on Fort Campbell, KY. It’s my first offense ever. What should I expect?

1 Answer | Asked in Criminal Law, Communications Law and Military Law for Kentucky on
Answered on Sep 23, 2018
Timothy Denison's answer
Hire a lawyer and with your evidence, you should be fine.

Q: I just found out I have asthma and I have been in the army for 4 years.

1 Answer | Asked in Employment Law, Health Care Law and Military Law for New York on
Answered on Sep 18, 2018
V. Jonas Urba's answer
Can you perform your job duties with or without a reasonable accommodation? Have you requested an accommodation?

What does your doctor say?

What does a lawyer who handles military claims, usually a former JAG Corps lawyer, think? Or someone who handles federal work comp claims - they are out there.

Q: Is it against any Marine corps order to use mass punishment when no Njp was issued for what everyone is punished

1 Answer | Asked in Military Law for California on
Answered on Sep 17, 2018
Angelina Bradley's answer
You’re going to need to be more specific. “Mass punishment” is what? Removal of privileges may be just fine depending on how it was done. Or it could be hazing. Or it could be the command actually enforcing existing policy. Without more facts, I cant make an assessment.

SF

Q: How can I be sure if neighbors are taking video of my where abouts and or inside my apt And on my job

1 Answer | Asked in Criminal Law, Civil Rights and Military Law for Florida on
Answered on Sep 12, 2018
Kevin John Mawn's answer
Hire an expert to scan your home for video equipment.

Q: Can a reservist be held accountable for having an affair according to the UCMJ?

1 Answer | Asked in Military Law for Washington on
Answered on Sep 12, 2018
Peter Munsing's answer
With other personnel, on base, possibly. Off base, privately, unlikely. With a civillian, no. Get a confidential consult from a JAG attorney through the legal assistance plan.

Q: My daughter is 19, she enlisted in the Navy but received an ELS(entry level separation) is she still able to sponsor me?

1 Answer | Asked in Immigration Law and Military Law for Texas on
Answered on Aug 29, 2018
Hector E. Quiroga's answer
Your daughter needs to be 21 in order to file an immigrant visa petition on your behalf.

Q: My husband is in the military, me and my 3 boys live with him but one of my boys belongs to my ex and he didn’t agree

1 Answer | Asked in Family Law and Military Law for Kentucky on
Answered on Aug 22, 2018
Timothy Denison's answer
Yes. They can make you move back. Probably won’t, but you are supposed to file notice of intention to move at least 30 days before you do.

Q: I was recently discharged from the army after a failed urinalysis with a honorable discharge. I was told by my previous

1 Answer | Asked in Military Law for Virginia on
Answered on Aug 22, 2018
Robert Donald Gifford II's answer
You may want to consider petitioning that service's board of records review. For example, if you were Army you may want to petition the Army Discharge Review Board and/or the Army Board of Corrections of Military Records.

See: http://arba.army.pentagon.mil/adrb-faq.html

and

http://arba.army.pentagon.mil/abcmr-overview.html

Q: If a charge was dismissed in a federal magistrate court, could a person go to special court martial for the same thing?

1 Answer | Asked in Military Law for California on
Answered on Aug 22, 2018
Robert Donald Gifford II's answer
If it was dismissed "with prejudice" in the federal court, then there is an argument that the courts-martial may be bound by that dismissal. It depends on the reason and grounds it was dimissed. If the dismissal is silent, it's likely "without prejudice" and still subject to UCMJ action.

Q: How can a DUI affect your chances for promotion?

1 Answer | Asked in Military Law for California on
Answered on Aug 22, 2018
Robert Donald Gifford II's answer
Absolutely. It is pretty much a military career killer. The only "exception" is when the service member is a junior enlisted. The military leadership recognizes that a young soldier (or marine, etc.) will make mistakes. If that junior enlisted member is an otherwise good troop, a commander will work to rehabilitate him/her and keep them "in the fight."

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