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Military Law Questions & Answers
1 Answer | Asked in Federal Crimes and Military Law on
Q: My brother is a private in the Marines, were drinking and fought another Marine with a higher rank what's the punishmen?

Don't have much details about what happened, but, it seems like my bother that being a marine 18 months got went out with his friends and they were eating. It seems like there was another marine there that's were bothering his group of friends. My brother got fed up and approached the... Read more »

Jeffrey Liebenguth
Jeffrey Liebenguth answered on Feb 17, 2021

It really depends on the nature of the fight, if there were any injuries to the other person and, if so, how bad. If he is charged with any type of assault under Article 128 of the UCMJ, he could be facing from no punishment to a dishonorable discharge and years of confinement. A good military... Read more »

1 Answer | Asked in Military Law on
Q: Is a military protective order still valid if the issuing commander has PCSd?
J. Heath Dillon
J. Heath Dillon answered on Feb 11, 2021

Yes, the MPO is still an enforceable order, despite the issuing officer's PCS. Violation of the MPO could result in your appropriate punishment by the new command.

1 Answer | Asked in Libel & Slander and Military Law for Tennessee on
Q: My military spouse had an affair with another service member. The individual attempted to slander my name can you help?

The individual vandalized their own property in Virginia where they reside the individual went so far as to leave a letter with my spouses name as if I left the letter and vandalized their property leading to an investigation and being questioned I have never seen or met this individual nor do I... Read more »

Anthony M. Avery
Anthony M. Avery answered on Feb 8, 2021

It does not appear any libel jurisdiction exists in TN if VA is where it occurred. Contact a VA attorney for which there are several here on Justia.

2 Answers | Asked in Workers' Compensation and Military Law for Georgia on
Q: If I am fired for not doing the light duty work , are they still liable for the medical bill.

It’s a Workman’s Comp claim, knee injury and I injured my back outside of the job and haven’t returned to work.

Tristan Blain Morrison
Tristan Blain Morrison answered on Feb 1, 2021

Most of the time, yes! There are basically two kinds of work accident claims: accepted and denied claims. If your claim was accepted, and the medical care is also accepted, then your medical bills with authorized doctors (i.e. the company's doctors) must be paid by work comp. That said, the... Read more »

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1 Answer | Asked in Military Law for Massachusetts on
Q: Discharged from the army with a general discharge w/ honorable mentions for violating the curfew. Do I have a good case?

I was discharged with a general discharge with honorable mentions for violating the curfew overseas and want to get it changed. The curfew was changed to no curfew only a few months after I left base. I have no blemish marks since getting out of the army and would love to have this black mark on my... Read more »

R. Davis Younts
R. Davis Younts answered on Jan 25, 2021

Good Morning,

Each service has a Discharge Review Board. To obtain an upgrade you have to apply and provide sufficient evidence to overcome the "presumption of administrative regularity" which is the standard the Board will apply in reviewing your case. You should consider...
Read more »

1 Answer | Asked in Civil Litigation, Civil Rights, Education Law and Military Law for Minnesota on
Q: Unforeseen Military Order of January 26th 2018.

I was in good standing with GPA of 4.0 until the unforeseen Military Orders of January 26, 2018. I was on order to go to Afghanistan on January 26. The Army gave me two weeks to deploy to Afghanistan. This short notice destabilized me, and I did not have enough time to deal with family issues and... Read more »

William Bailey
William Bailey answered on Jan 14, 2021

What is your legal question?

2 Answers | Asked in Criminal Law and Military Law for California on
Q: I am shipping off to Basic Training for the military on FEb 8th.Last week I got 3 misdemeanors: possession, intoxicatio

Paraphernalia. I was informed the new LA DA is not pursuing any low level misdemeanors (including the ones I was charged with). The arresting officer also confirmed this. However, my court date is in April during which time I am supposed to be in Basic training. Any advice?

Paul Ylvisaker
Paul Ylvisaker answered on Jan 4, 2021

If you were arrested, charged, and fingerprinted you dont have any choice; the military will find out eventually and a number of things could happen at that point, including a discharge for the convenience of the government while you are in training. If your MOS is at all reliant on ability to... Read more »

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1 Answer | Asked in Child Custody, Child Support, Divorce and Military Law for North Carolina on
Q: 100% disabled veteran. Him and wife divorce. They have 1 kid and a house. Is she entitled to his disability if divorce.

He had been getting 100% military disability before they married.

Paul Ylvisaker
Paul Ylvisaker answered on Jan 4, 2021

No. By federal law is not divisible or an asset of the marriage to be divided. However, the income can be used in calculating child support in most states.

1 Answer | Asked in Divorce and Military Law for Montana on
Q: I need someone to help me with a COPA for the USPS in Billings Montana?
Tim Akpinar
Tim Akpinar answered on Jan 4, 2021

I'm sorry your question remains open for five weeks. At this point, you could reach out to attorneys using the Find-a-Lawyer tab above to the left, or through your own independent searches. Good luck

Tim Akpinar

2 Answers | Asked in Estate Planning, Military Law and Probate for Ohio on
Q: How are heirs determined for a deceased person who passed without a will?

My father recently passed away. On paper, I am his only child. He and my mother were married when I was born and he is listed on my birth certificate. When I was in 5/6, he was dating a woman who was separated from her husband. This woman became pregnant and had a son that she claimed was my... Read more »

Paul Ylvisaker
Paul Ylvisaker answered on Dec 26, 2020

You will need to speak to an experienced probate attorney licensed in the state where the decedent lived. Probate law differs from state to state and you are requesting information on a very specific set of facts pertaining to an individual’s right lay claim to the estate. Only someone familiar... Read more »

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1 Answer | Asked in Cannabis & Marijuana Law and Military Law for Wisconsin on
Q: I am interested in joining the army reserves. Marijuana is may be in my system. I want to go to Military Entrance though

I want to go to Military Entrance with honesty of what's in my system but I don't believe it should fairly disqualify me, as per with a doctor I can prove the upkeep of a drug free workplace by testing more frequently proving it is getting out of my system. I have taken all of the... Read more »

Paul E. Tennison
Paul E. Tennison answered on Dec 16, 2020

No, this is not possible. The military has policies regarding what drugs are tested for as part of the military entrance process. Currently this includes testing for marijuana. if you stop using marijuana early enough before the drug test, you may pass. You should realize that if you are not... Read more »

1 Answer | Asked in Banking and Military Law for Louisiana on
Q: What type of account is qualified for Louisiana Statute 29:312. I’m a servicemember who was told an account do not qual.

I’m a servicemember who was told he did not qualify for Louisiana Statute 29:312 due to my loan being a signature loan.

J. Heath Dillon
J. Heath Dillon answered on Dec 10, 2020

It appears you were mislead by whomever told you the law doesn't apply to a signature loan. Recommend you consult with the Legal Assistance Office (part of JAG) at whatever installation to which you're assigned to get personal legal consult, advice and representation. Good luck.

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...
Read more »

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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