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Military Law Questions & Answers
Q: I'm being discharged with a 5-17. I signed my packet last monday. It was sent off the following day. How long do I have
Robert Donald Gifford II's answer
That's probably an average time, but actions may be delayed if a commander is out or it has not gone through a legal review.
That's probably an average time, but actions may be delayed if a commander is out or it has not gone through a legal review.
Q: I have been in the military for 20 years got a misdemeanor cdv in 1994 and it was pardoned in 2003 due to going to Iraq.
1 Answer
| Asked
in
Military Law, Civil Rights and Criminal Law
for
South Carolina
on
Answered on May 20, 2017
Answered on May 20, 2017
Robert Donald Gifford II's answer
The Pardon wipes away your conviction and you should be fine to have a concealed permit. I would recommend that you keep copies of your pardon paperwork in multiple places in the event it becomes an issue as to whether or not you have had your rights restored.
The Pardon wipes away your conviction and you should be fine to have a concealed permit. I would recommend that you keep copies of your pardon paperwork in multiple places in the event it becomes an issue as to whether or not you have had your rights restored.
Q: My older brother's girlfriend sent me a message to kill myself. Do i report her to the police?
1 Answer
| Asked
in
Family Law, Domestic Violence, Internet Law and Military Law
for
Indiana
on
Answered on May 20, 2017
Answered on May 20, 2017
Robert Donald Gifford II's answer
It is recommended you make a police report to document what has happened and what has continued to occur. You may want to consider getting a protective order to stop the harassment. I would inform your chain of command in your reserve unit in the event it becomes an issue, and provide a copy of the police report.
It is recommended you make a police report to document what has happened and what has continued to occur. You may want to consider getting a protective order to stop the harassment. I would inform your chain of command in your reserve unit in the event it becomes an issue, and provide a copy of the police report.
Q: I need to know how long it takes to be separated from the national guard in PA if I popped hot for hydrocodone
Robert Donald Gifford II's answer
You will be given notification of separation, and depending on how many years of service you have and the characterization of the discharge they are seeking (General, OTH...), you will have an opportunity to contest it at an Admin Board or waive the board and be processed out. With the Guard, I would guess anywhere from 60-120 days.
You will be given notification of separation, and depending on how many years of service you have and the characterization of the discharge they are seeking (General, OTH...), you will have an opportunity to contest it at an Admin Board or waive the board and be processed out. With the Guard, I would guess anywhere from 60-120 days.
Q: I have an article 15 in my OMPF that is preventing me from positions and assignments. How do I get it removed?
Robert Donald Gifford II's answer
Each branch of service has some form of board of corrections for military records. For example if you're in the Army (as it appears you are), you might want to consider getting relief through the Army Board of Corrections for Military Records. A simple internet search will take you to the site and it is self explanatory. While it is meant for someone to do it on their own, you may want to seek the assistance of an attorney - either on post at Client Services/Legal Assistance or retain an...
Each branch of service has some form of board of corrections for military records. For example if you're in the Army (as it appears you are), you might want to consider getting relief through the Army Board of Corrections for Military Records. A simple internet search will take you to the site and it is self explanatory. While it is meant for someone to do it on their own, you may want to seek the assistance of an attorney - either on post at Client Services/Legal Assistance or retain an...
Q: I divorced my husband 15 years ago. He just retired from the military - am I entitled to any of his pension?
Ali Ebrahimzadeh, Esq.'s answer
What did the court order in your divorce say re: split of his pension? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody,...
What did the court order in your divorce say re: split of his pension? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody,...
Q: Received an OTH. CO recommended a General. Served for 2.5 years. Am I able to get it upgraded to General?
Patrick Korody's answer
Your chances of an upgrade are slim without finding some type of a procedural error. Your chances of success increase with an attorney, which can be expensive, as you are paying for knowledge, experience, and ability to spot issues and write persuasively.
As a Marine, you first want to apply to the Naval Discharge Review Board. There is no application fee. You have 15 years from the date of your discharge to apply. The standard is whether the discharge was inequitable or improper at...
Your chances of an upgrade are slim without finding some type of a procedural error. Your chances of success increase with an attorney, which can be expensive, as you are paying for knowledge, experience, and ability to spot issues and write persuasively.
As a Marine, you first want to apply to the Naval Discharge Review Board. There is no application fee. You have 15 years from the date of your discharge to apply. The standard is whether the discharge was inequitable or improper at...
Q: My father was in the military all my life he never paid child support I was wondering can I get back child support
Ray Choudhry's answer
Child support is owed to the custodial parent not the child.
Why did your mother not collect child support.
There a million reasons why people do what they do.
Maybe they had their own side bar agreement that if he didn't get involved she wouldn't go after him for child support.
Anyway, the usual rule in Illinois is that child support starts from the time the Paternity case is filed or served on the father.
Child support is owed to the custodial parent not the child.
Why did your mother not collect child support.
There a million reasons why people do what they do.
Maybe they had their own side bar agreement that if he didn't get involved she wouldn't go after him for child support.
Anyway, the usual rule in Illinois is that child support starts from the time the Paternity case is filed or served on the father.
Q: Hello ! Heres my question i recently found out my girlfriend is undocumented but i want to marry her can i get bah?
Leonard R. Boyer's answer
To prevent issues, you need to retain an experienced immigration attorney. Immigration is a very complex area of law. It is a lot more than merely filling out forms. You need to retain an immigration attorney to handle all immigration proceedings. This prevents errors that can sometimes prove costly and may even be irreversible. You should always seek to obtain the best attorney that you can afford and not let geographic restrictions stand in the way. Some immigration attorneys will charge a...
To prevent issues, you need to retain an experienced immigration attorney. Immigration is a very complex area of law. It is a lot more than merely filling out forms. You need to retain an immigration attorney to handle all immigration proceedings. This prevents errors that can sometimes prove costly and may even be irreversible. You should always seek to obtain the best attorney that you can afford and not let geographic restrictions stand in the way. Some immigration attorneys will charge a...
Q: Boyfriend misdiagnosed with autism as a young child wants to join military, any way to remove diagnosis from records?
Terrence H Thorgaard's answer
What he needs, in my opinion, is a letter from a doctor, preferably a specialist in the field of autism, to the effect that the previous diagnosis was erroneous, and hopefully explaining why.
What he needs, in my opinion, is a letter from a doctor, preferably a specialist in the field of autism, to the effect that the previous diagnosis was erroneous, and hopefully explaining why.
Q: How can I force my ex spouse to appear in court?
1 Answer
| Asked
in
Divorce, Real Estate Law, Child Custody and Military Law
for
Georgia
on
Answered on Apr 28, 2017
Answered on Apr 28, 2017
Robert Donald Gifford II's answer
You may need to go to where she is and file in that jurisdiction. Courts mostly look to where the child is at for the purposes of the proper venue. That will be the surest way to get things moving and done. The downside to this is the expense. In some jurisdictions, you can ask for attorney's fees based on misconduct of the other side - but that may vary from state to state (and from judge to judge).
You may need to go to where she is and file in that jurisdiction. Courts mostly look to where the child is at for the purposes of the proper venue. That will be the surest way to get things moving and done. The downside to this is the expense. In some jurisdictions, you can ask for attorney's fees based on misconduct of the other side - but that may vary from state to state (and from judge to judge).
Q: My boyfriend is in the military he is 19 and im 16 is it legal for us to have sex
Ali Ebrahimzadeh, Esq.'s answer
Sex with a minor is statutory rape.
See: http://www.aeesq.com/criminal-defense-lawyer/sex-crimes/
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts,...
Sex with a minor is statutory rape.
See: http://www.aeesq.com/criminal-defense-lawyer/sex-crimes/
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts,...
Q: Are there any pro bono lawyers with military experience who can calculation retirement percentage?
Robert Donald Gifford II's answer
Many state bar associations do have a program dedicated to pro bono (or low cost) assistance to servicemembers and veterans. I do believe that Texas does have such a program. Please go to the Texas State Bar Associations website for further information. In addition, if you are eligible, you can also consult with a Judge Advocate in Legal Assistance/Client Services.
Many state bar associations do have a program dedicated to pro bono (or low cost) assistance to servicemembers and veterans. I do believe that Texas does have such a program. Please go to the Texas State Bar Associations website for further information. In addition, if you are eligible, you can also consult with a Judge Advocate in Legal Assistance/Client Services.
Q: I have orders to leave the 21st and I got a recommendation for ucmj. Will they take my orders away from me?
Robert Donald Gifford II's answer
It is likely you have been "flagged," so you may not be able to go on your orders. It is not uncommon for them to do a quick summary Article 15 (assuming that is what you are referring to as UCMJ) before you PCS/ETS.
It is likely you have been "flagged," so you may not be able to go on your orders. It is not uncommon for them to do a quick summary Article 15 (assuming that is what you are referring to as UCMJ) before you PCS/ETS.
Q: Am I eligible for Readmission to my University after serving in the Army 1y?
1 Answer
| Asked
in
Employment Law, Education Law and Military Law
for
California
on
Answered on Apr 14, 2017
Answered on Apr 14, 2017
Ali Ebrahimzadeh, Esq.'s answer
Review the school readmission rules with a lawyer, as you may have failed out of the school with that GPA.
See: http://www.aeesq.com/education-lawyer/education-law/
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA,...
Review the school readmission rules with a lawyer, as you may have failed out of the school with that GPA.
See: http://www.aeesq.com/education-lawyer/education-law/
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA,...
Q: What are my benefits as a spouse of my husband of the military army branch incarcerated for many years with a child
1 Answer
| Asked
in
Child Support, Divorce and Military Law
for
Pennsylvania
on
Answered on Apr 3, 2017
Answered on Apr 3, 2017
Robert Donald Gifford II's answer
If he is incarcerated with the military, you have likely lost any pay and benefits.
If he is incarcerated with the military, you have likely lost any pay and benefits.
Q: How long does a Chapter 5-17 with more than 180 days in basic training take to be complete after sending the packet off?
1 Answer
| Asked
in
Employment Law, Personal Injury and Military Law
for
Georgia
on
Answered on Apr 3, 2017
Answered on Apr 3, 2017
Robert Donald Gifford II's answer
Two weeks would be on the quicker end of things, but 4-6 weeks is pretty normal with all of the reviews it has to go through.
Two weeks would be on the quicker end of things, but 4-6 weeks is pretty normal with all of the reviews it has to go through.
Q: Can the military ignore doctors notes?
Robert Donald Gifford II's answer
The ugly answer is "yes." Just like single-parent servicemembers have to have a childcare plan to take care of kids in the event of mobilization/deployment, the same concept applies here. The best advice is to work this through your chain of command and build support from the bottom up. Come up with a work plan - a way to possibly reschedule or do equivalent drill weekend work (RST). You could file a complaint with the IG or exercise your Commander's "open door policy," but your safer and...
The ugly answer is "yes." Just like single-parent servicemembers have to have a childcare plan to take care of kids in the event of mobilization/deployment, the same concept applies here. The best advice is to work this through your chain of command and build support from the bottom up. Come up with a work plan - a way to possibly reschedule or do equivalent drill weekend work (RST). You could file a complaint with the IG or exercise your Commander's "open door policy," but your safer and...
Q: For a DUI do you go to civilian court?
Robert Donald Gifford II's answer
Generally, yes. While a DUI could be the subject of an Article 15 or even a courts-martial - the military will generally defer to the civilian court system. If the DUI is off-base you will go to either the state or municipal court. If the DUI was on base, it will go to the federal court before a magistrate judge. Should you plead or be found guilty, you will likely receive Letter of Reprimand, a Negative counseling, and be required to attend some form of alcohol assessment or classes....
Generally, yes. While a DUI could be the subject of an Article 15 or even a courts-martial - the military will generally defer to the civilian court system. If the DUI is off-base you will go to either the state or municipal court. If the DUI was on base, it will go to the federal court before a magistrate judge. Should you plead or be found guilty, you will likely receive Letter of Reprimand, a Negative counseling, and be required to attend some form of alcohol assessment or classes....
Q: Can I quit delayed entry program for army?
Robert Donald Gifford II's answer
I assume you have not received any sort of bonus yet. They will generally push you and tell you that you could be in trouble, but in 21 years of service I have never seen anyone do anything. Once you get on that bus and show up, you are on the hook. Before you decide to not show up, I would recommend that you meet with an attorney that has a background in military law just to cover all of your bases. It may be worth the small investment to hire an attorney to contact the Recruiting Command...
I assume you have not received any sort of bonus yet. They will generally push you and tell you that you could be in trouble, but in 21 years of service I have never seen anyone do anything. Once you get on that bus and show up, you are on the hook. Before you decide to not show up, I would recommend that you meet with an attorney that has a background in military law just to cover all of your bases. It may be worth the small investment to hire an attorney to contact the Recruiting Command...
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