Military Law Questions & Answers by State

Military Law Questions & Answers

Q: How do I clear a military charge?

1 Answer | Asked in Military Law for Florida on Jan 17, 2014

Answered on May 20, 2015

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Robert Jason De Groot's answer
Go see a military lawyer about this.

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Q: Military Person who is never punished for committing crimes? What do I do?

1 Answer | Asked in Military Law for Florida on May 11, 2015

Answered on May 11, 2015

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Robert Jason De Groot's answer
Go see a lawyer and see if you can sue civilly.

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Q: Each member of the Military swear an indivdual oath to "Protect and Defend the Constitution against all enemies, foreign

1 Answer | Asked in Military Law for North Carolina on Feb 25, 2015

Answered on Apr 7, 2015

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Philip D. Cave's answer
The taking of the oath.

From then on you are committed to protect and defend THE CONSTITUTION of the US, not the flag, not the country, not the President, but the founding document upon which the American form of democracy is based upon.

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Q: Is it legal for signed military doccuments to not be sent up the chain of command?

1 Answer | Asked in Military Law for Utah on Mar 7, 2015

Answered on Apr 2, 2015

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Philip D. Cave's answer
If you are facing a DD, that means you are pending general court-martial for some serious allegations.

Yes, an administrative elimination can be stopped if he intent is to conduct a court-martial or other disciplinary action.

If instead of a GD they are now seeking an OTH, then you should speak with the local military defense counsel for advice on contesting at a Board hearing, etc. They can represent you for free.

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Q: I am in the army and today during room checks my sergeant through several items of mine onto

1 Answer | Asked in Military Law for Georgia on Mar 7, 2015

Answered on Apr 2, 2015

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Philip D. Cave's answer
You could file a complaint under Article 139, UCMJ, for damage to the property.

See here. https://www.law.cornell.edu/uscode/text/10/939

The complaint should be addressed to the CO and in writing, explaining in detail what happened and the cost of replacement.

If the CO fails to deal with the complaint, you can submit an IG complaint against the CO and the SGT.

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Q: What you do when you are being belittle, career threatened, and verbally abused by a Senior Enlisted at your command?

1 Answer | Asked in Military Law on Mar 19, 2015

Answered on Apr 2, 2015

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Philip D. Cave's answer
1. Discuss it with the leadership. Start with the individual, then the first sergeant, then the open door policy to the commander.

2. If that doesn't work you can try an IG complaint, contact your Congressperson.

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Q: Finally getting my military records I find documents that have been forged in my name dated before and upon my discharge

1 Answer | Asked in Military Law for Nevada on Feb 14, 2015

Answered on Apr 2, 2015

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Philip D. Cave's answer
If you can prove it with solid evidence, you may be able to get the Board for Correction of Military Records to put them straight. This is important if the current records affect your employment or benefits.

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Q: So my husband has been sexting and on facebook with another girl but he has not sent nudes can he still get in trouble?

1 Answer | Asked in Military Law for Colorado on Mar 2, 2015

Answered on Apr 2, 2015

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Philip D. Cave's answer
He needs to stop -- NOW.

There are quite a number of cases going on to do with on-line activity such as this. Whether he ultimately gets in trouble or not, it's not healthy for your relationship and his commanders may not look at him as a good Soldier/ so it might affect his career.

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Q: I received a general under honorable conditions discharge from the USAF and I had a question about upgrading for

1 Answer | Asked in Military Law for Alabama on Mar 5, 2015

Answered on Apr 2, 2015

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Philip D. Cave's answer
Maybe.

One of the things they look at in the upgrade process is whether there have been significant procedural errors showing the process was unfair. So maybe you have a case to prove an inequity.

NOTE NOTE NOTE.

You have 15 years from date of discharge to apply. This is a hard deadline.

If you have substantial procedural error, the quicker you apply the better-don't sleep on your rights. It's tough to do. Without evidence the Boards apply the "presumption of...

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Q: If a soldier owns a business, are they required to report that they own the buisness to their commander?

1 Answer | Asked in Military Law for North Carolina on Mar 24, 2015

Answered on Apr 2, 2015

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Philip D. Cave's answer
Each Service has their own regulation regarding "off duty employment."

Check your unit admin for the regulation on "moonlighting" or "off duty employment."

Generally it can't interfere with military duties.

There are also some potential ethics regulation issues about advertizing, using government time, and selling to Soldiers.

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Q: If you commited a felony while active duty. Get out with benefits, do you & your family loose all military benefits?

1 Answer | Asked in Military Law for Texas on Mar 28, 2015

Answered on Apr 2, 2015

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Philip D. Cave's answer
You military benefits are based on the discharge you received, independent of the conviction.

If you got an Honorable then you get all of your benefits. A general you get most, except education and home guarantee. With an OTH its harder to have any benefits.

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Q: Can that Article 15 come out of my OMPF and can I get my rank back?

2 Answers | Asked in Military Law for Florida on May 21, 2014

Answered on Mar 24, 2015

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Robert Jason De Groot's answer
I do not know of any military lawyers who regularly answer questions on this site. Go see one.

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Q: Can that Article 15 come out of my OMPF and can I get my rank back?

1 Answer | Asked in Military Law for Florida on May 21, 2014

Answered on Mar 24, 2015

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Robert Jason De Groot's answer
I do not know of any military lawyers who regularly answer questions on this site. Go see one.

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Q: Hello I have a few questions. It is authorized to use your military email account to conduct personal business?

2 Answers | Asked in Military Law for Georgia on Mar 17, 2015

Answered on Mar 17, 2015

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Michael David Birchmore's answer
You should probably ask your CO or contact your local JAG office for an answer. Generally, most lawyers are going to strongly urge people to NOT use their occupational email account(s) to convey personal non job related communications. You can probably guess why.

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Q: My best friend was discharged from the Marines because he said he was a drug addict. But he told me he lied about it.

2 Answers | Asked in Military Law for Florida on Apr 25, 2014

Answered on Jan 27, 2015

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Robert Jason De Groot's answer
Whenever you have a legal problem like this, it is always best to go have a full discussion with an attorney. The friend needs to go see a military law attorney.

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Q: Was in army reserves, had recieved broken neck in hit and run, my dd214 says neither honorable or dishonor. How to chang

1 Answer | Asked in Military Law for Florida on Jan 5, 2015

Answered on Jan 7, 2015

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Robert Jason De Groot's answer
You need to actually go see an attorney who handles matters such as this.

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Q: I am a Private in the Marine Corps who has been in for eleven and a half months. I am being processed for AdSep

1 Answer | Asked in Military Law for California on Nov 16, 2014

Answered on Nov 28, 2014

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Andy Chen's answer
If you've been caught drinking multiple times before, failed rehab several times, and don't believe that alcohol dependence is a problem of yours, I'd say your odds of changing the Army's mind is pretty slim. Your reputation might be sullied beyond repair already.

Ultimately, if the military believes that you are not or won't be a good soldier, then they can get rid of you at any time for any reason.

Andy

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Q: If my roommate has military orders to leave the state. shes on the lease is the lease void

1 Answer | Asked in Military Law for Alaska on Apr 29, 2014

Answered on May 13, 2014

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William E. Scully Jr.'s answer
The lease is not void. She can, however, get out of the lease. She has to provide the proper notice to the landlord, and she has to provide copies of the military orders. This, however, does not necessarily get YOU out of the lease. Check your written lease and see if there is a provision in it that allows you out of the lease. Probably not. See if you can find another roommate. Talk to the landlord and see if he or she can help. Good luck.

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