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Military Law Questions & Answers
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 »

Q: I'm an officer the US Public Health Service station at a Federal Agency. Can I sue for harassment and retaliation?

My supervisor is harassing at work. Just flat out lying. He lied and put me on a PIP and issued me an LOR when all my work was up to date and at the start of a global pandemic when everyone was working from home. No negative counseling in 8 months leading up the PIP and LOR. I filed an EEO... Read more »

Andrellos Mitchell
Andrellos Mitchell answered on Jul 29, 2020

It depends on what statute your are suing under.

Title VII provides that a court, in its discretion, may award reasonable attorneys' fees to the prevailing party. ... That determination is relatively clear when a plaintiff proves his or her discrimination case and a favorable judgment...
Read more »

2 Answers | Asked in Divorce, Family Law and Military Law for Florida on
Q: What can my girlfriend do if her husband doesn’t want to get a divorce and he is blackmailing her to stay with him?

My girlfriend is being blacked mailed by her husband and threatening her that he will ruin her career and take everything away from her if she divorces him. He verbally and emotionally abused her. He uses religion to shame her and family as well. He has emails, text messages and pictures of us and... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 29, 2020

Get her an attorney.

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1 Answer | Asked in Employment Law and Military Law for Maryland on
Q: After my first mediation meeting, I was placed on a second PIP by my supervisor and demoted. Is this retaliation?
Joseph D. Allen
Joseph D. Allen answered on Jul 28, 2020

It depends. Proximity in time to the employee's protected activity is one factor a court may consider- though generally insufficient by itself. In simple terms, the question is really whether the adverse employment action (new PIP/demotion) was justified by the facts- or was motivated by... Read more »

1 Answer | Asked in Divorce and Military Law for Alabama on
Q: I have been served divorce papers. I can not afford legal representation. The divorce is final 7.30.2020. What can I do

to secure my alimony? I am a military spouse.

Kristine Jones
Kristine Jones answered on Jul 23, 2020

Hello. You can contact the Birmingham Volunteer Lawyers and ask for their help. Best of luck.

1 Answer | Asked in Employment Law and Military Law for Hawaii on
Q: I have moved to South Korea with my military spouse. Can I receive unemployment benefits from the state of Hawaii?
Sabra M. Janko
Sabra M. Janko answered on Jul 17, 2020

You should speak with the Hawaii unemployment department. Each state has different provisions for unemployment and this information can be obtained from the department. It is not a question requiring the assistance of an attorney.

1 Answer | Asked in Federal Crimes and Military Law for California on
Q: If I claim to be a veteran in order to obtain a discount from a company, would that be considered stolen valor?

If its not stolen valor, would it be a violation of any other law? Sources would be appreciated. Thank you.

Sabra M. Janko
Sabra M. Janko answered on Jul 16, 2020

Even if it is not stolen valor, if you are not a veteran it would be fraud.

1 Answer | Asked in Military Law for Georgia on
Q: My friend has been getting death threats demanding to $1500 to pay for a solider to fly from nigeria. Is this a scam?

My best friend has been talking to this guy who says he's in the military online. For two years he has never met her and vice versa. Just recently he's been telling her that she need to pay the military flight pilot $1500 and if she dont that the major general as he calls the commander... Read more »

Paul E. Tennison
Paul E. Tennison answered on Jun 22, 2020

SCAM.

1 Answer | Asked in Criminal Law and Military Law for Maryland on
Q: What type of lawyer do I need to sue someone for harassment/stalking?

I have been photographed without my consent multiple times in a publicly used area. These photographs, along with phone calls, have been used to instigate issues with our housing management, we aren't sure to what end. These individuals have tried to bring us to court under pretenses, and one... Read more »

Eric Todd Kirk
Eric Todd Kirk answered on Jun 6, 2020

You can file for a civil peace order, and discuss the case with the police department or take out an application for statement of charges at the commissioner's office. You can also speak with a civil litigator about injunctive relief, defamation, false light and other civil claims wherein you... Read more »

1 Answer | Asked in Criminal Law and Military Law for Oklahoma on
Q: is it against the law in Oklahoma to fly a green and white American flag with marijuana leaves on it?

Marijuana shops around Oklahoma City have recently begin waving defiled American flags The colors have been changed to green and white and they are covered with marijuana leaves. Is this against the law in Oklahoma and if so what are the possible penalties?

When I read Oklahoma Statutes,... Read more »

Richard Winblad
Richard Winblad answered on Jun 2, 2020

I agree it is in poor taste. However, the First Amendment protect creation of such item.

1 Answer | Asked in Military Law for North Carolina on
Q: I have received medical board findings. I was found unfit and can the military hold me for AdminSep?

I went through the PEB and got my findings. They found me unfit and got medical retirement from the military. I have an EAS Date 45 days from now. My unit is pursing an AdminSep for pattern of misconduct. The characterization is General Under Honorable. Can the military hold me past my new EAS... Read more »

R. Davis Younts
R. Davis Younts answered on May 17, 2020

There may be some specific nuances in your case but as a general rule you cannot be held past an EAS date solely for the purpose of admin sep proceedings. The issue with your case is that if the start the misconduct based separation process fast enough then your case will be... Read more »

1 Answer | Asked in Family Law and Military Law for Mississippi on
Q: Can i file for an annulment with my husband being in Guam with the military? We both have agreed on everything

We have nothing together, no kids or pets, and do not wish to dispute anything.

I will also be moving back to Ohio within the next week or two

Arthur Calderon
Arthur Calderon answered on May 16, 2020

Getting an annulment is tricky; however, from the looks of it, it would likely be easier for you to get a divorce, especially if he is in agreement. I would highly encourage you to reach out to a lawyer to discuss further, as the process is relatively simple and straightforward. Most lawyers on... Read more »

1 Answer | Asked in Federal Crimes and Military Law for Florida on
Q: Military BCD and felony joy riding, 40yrs ago, wanting my gun rights restored. Clean since then, Any Chance?

Volunteered for duty with the understanding I would get diesel school after Basic training, got then told after basic, when I was stationed I got told then I didn't have it in writing so I was out of luck. Young and dumb, I would show them I went AWOL, then didn't honor their end , I told... Read more »

R. Davis Younts
R. Davis Younts answered on May 15, 2020

Good Morning,

It is possible to address these issues. You can apply for a discharge upgrade as well as have certain information removed from your record. Their are a lot of variables that you should discuss with an attorney that is experienced in dealing with these issues. I have had...
Read more »

1 Answer | Asked in Gov & Administrative Law and Military Law for Michigan on
Q: My son was misled by his recruiter, who withheld information on his application.

I know that he is 21 and signed the app himself, however his recruiter withheld special education info, a learning disability, and mental and physical conditions and told my son that the army will never find out. I believe the recruiter took advantage of my son's inability to understand the... Read more »

Brent T. Geers
Brent T. Geers answered on May 11, 2020

There's a whole lot to unpack there. Since it sounds like your son is still in the Army, he will need to proceed through his chain of command and JAG about what his options are. A medical discharge - any discharge - is a process that won't happen overnight, and in cases alleging prior... Read more »

1 Answer | Asked in Military Law for North Carolina on
Q: Will I get my GI bill if I'll get separated for a mental condition?

I enlisted in the army, infantry, just over a year ago. Got deployed, came back. During a period of depression I went to behavioral health and was diagnosed with a bipolar disorder. I didn't behave in any misconduct, I fullfilled my duties so far, but I dont know how to take it anymore. If I... Read more »

Sabra M. Janko
Sabra M. Janko answered on May 6, 2020

I am sorry to hear about your situation. As for discharge, if your discharge is honorable that will not prevent you from receiving GI benefits if you are eligible based on length of time of service.

1 Answer | Asked in Landlord - Tenant and Military Law for Minnesota on
Q: Can my military partner get out of a lease he signed while on deployment?

We live in Minnesota. His deployment started in December 2019. We signed the lease in April 2020. His deployment is done in September.

Sabra M. Janko
Sabra M. Janko answered on May 6, 2020

Under the Servicemembers Civil Relief Act, he is eligible to cancel a lease contract for a deployment of longer than 90 days. He will need to submit a request with a copy of his orders.

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