Military Law Questions & Answers by State
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Military Law Questions & Answers
Q: Yes I’m under 21 and I’m a national guardsmen but I would like to buy a pistol in Ga can I do that?
1 Answer
| Asked
in
Criminal Law, Gov & Administrative Law, Military Law and Probate
for
Georgia
on
Answered on Jan 22, 2019
Answered on Jan 22, 2019
David Edward Boyle's answer
If you cannot lawfully possess the gun in your home state I would not recommend that you do so.
If you cannot lawfully possess the gun in your home state I would not recommend that you do so.
Q: If my family member is in the middle of getting deport and me in the military is there anyway I can help them?
1 Answer
| Asked
in
Family Law, Immigration Law and Military Law
for
Texas
on
Answered on Jan 22, 2019
Answered on Jan 22, 2019
Kelli Y Allen's answer
Not just by virtue of being in the military. But I suggest consulting with an immigration attorney who handles removal defense in your area to see if there are options.
Not just by virtue of being in the military. But I suggest consulting with an immigration attorney who handles removal defense in your area to see if there are options.
Q: My father just passed I'm his daughter there is no will and I need to know if I have any rights to his military benefits
1 Answer
| Asked
in
Family Law, Military Law, Municipal Law and Probate
for
California
on
Answered on Jan 16, 2019
Answered on Jan 16, 2019
Richard Samuel Price's answer
His surviving spouse would be entitled to all of the community property that they owned, or any joint tenancy held property. Since he had two children, you both would share 2/3 of his separate property and his surviving spouse would be entitled to 1/3 of his separate property. But if he was married for a long term, there probably isn't any separate property.
You'll have to contact the Veterans Administration to determine if you're entitled to any survivor's benefits.
His surviving spouse would be entitled to all of the community property that they owned, or any joint tenancy held property. Since he had two children, you both would share 2/3 of his separate property and his surviving spouse would be entitled to 1/3 of his separate property. But if he was married for a long term, there probably isn't any separate property.
You'll have to contact the Veterans Administration to determine if you're entitled to any survivor's benefits.
Q: I’m pending chapter , however my ets date is coming up can I still ets ? I was told I can’t but my leadership I feel lie
Robert Donald Gifford II's answer
You are likely "flagged" and will be prevented from ETS'ing normally until your chapter paperwork is processed.
You are likely "flagged" and will be prevented from ETS'ing normally until your chapter paperwork is processed.
Q: I was discharged from my military unit and I'm pretty sure it's because I'm gay. Can they still do that?
Steven McNicholl's answer
In 2010, President Obama repealed the policy "Don't ask Don't Tell", preventing the military from discharging service men because of sexual preference.
In 2010, President Obama repealed the policy "Don't ask Don't Tell", preventing the military from discharging service men because of sexual preference.
Q: What area of law does the Uniformed Services Former Spouses’ Protection Act cover?
Angelina Bradley's answer
Generally, spousal support, eligibility for TriCare coverage, and military retirement pay.
To see how it applies to you, consult with a family law attorney.
Generally, spousal support, eligibility for TriCare coverage, and military retirement pay.
To see how it applies to you, consult with a family law attorney.
Q: Can I be discharged from military service because of a cancer diagnosis?
Angelina Bradley's answer
If you are an active duty service member with a cancer diagnosis, you will be processed through the Physical Evaluation Board process. The Navy will determine whether your cancer significantly interferes with the performance of your duties. Depending on how disabled you are determined to be (by the VA) you could be either retired or separated with a severance.
My office practices in this area. If you need additional assistance, please reach out to me.
If you are an active duty service member with a cancer diagnosis, you will be processed through the Physical Evaluation Board process. The Navy will determine whether your cancer significantly interferes with the performance of your duties. Depending on how disabled you are determined to be (by the VA) you could be either retired or separated with a severance.
My office practices in this area. If you need additional assistance, please reach out to me.
Q: I’ve missed 9 drills in Indiana. they said If I don’t make them up I’m going to dishonerable... true or false?
Angelina Bradley's answer
The only way to be dishonorably discharged is if it is awarded at a general court martial. Is it possible? Yes. Each missed drill is an Unauthorized Absence. They could choose to refer the charges to court-martial.
More likely is that they’ll administratively separate you, asking for either a General or Other Than Honorable discharge.
If they’re offering you to makeup your drills, you should ask if they’re going to make those UAs into AAs or if they’re just going to...
The only way to be dishonorably discharged is if it is awarded at a general court martial. Is it possible? Yes. Each missed drill is an Unauthorized Absence. They could choose to refer the charges to court-martial.
More likely is that they’ll administratively separate you, asking for either a General or Other Than Honorable discharge.
If they’re offering you to makeup your drills, you should ask if they’re going to make those UAs into AAs or if they’re just going to...
Q: How can I get CS enforced if deadbeat has filed Ch13 bankruptcy, receiving 90% VA benefits of 2200/mo &$10k in arrears ?
Timothy Denison's answer
Hire a collection or family law attorney who can collect it for you. Bankruptcy does. It stay the collection norenforcement of domestic support obligations.
Hire a collection or family law attorney who can collect it for you. Bankruptcy does. It stay the collection norenforcement of domestic support obligations.
Q: If I joined the military at 17, am I emancipated in the state of Ohio?
Joseph Jaap's answer
Not necessarily. See this link for information.
https://www.ohiobar.org/public-resources/commonly-asked-law-questions-results/circumstances-say-whether-minors-are-emancipated/
Not necessarily. See this link for information.
https://www.ohiobar.org/public-resources/commonly-asked-law-questions-results/circumstances-say-whether-minors-are-emancipated/
Q: Joining the Army, but bump in the road. What should I do? Please read carefully
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...
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?
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...
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
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.
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?
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...
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?
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.
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
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.
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?
Ellen Cronin Badeaux's answer
You should hire a divorce lawyer before you report this to her command.
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
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.
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.
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.
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.
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.
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.
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