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Military Law Questions & Answers
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.

1 Answer | Asked in Military Law for Missouri on
Q: Is it illegal for a man to claim to be deployed when he was not? He is in the army but lied about being deployed.
Sabra M. Janko
Sabra M. Janko answered on Apr 28, 2020

It depends on who he made the statement to and under what circumstances. A false statement between friends in not enforceable. However, a false official statement made to obtain a benefit is different.

1 Answer | Asked in Car Accidents, Small Claims, Federal Crimes and Military Law for Washington on
Q: I was hit by a military cop and need to file a tort claim for damages to my vehicle. Who do i file the claim with in wa?

I thought i was being pulled over so i pulled over and got rear ended by a JBLM MP who was responding to another call looking at his computer. I live in wa state.

Peter N. Munsing
Peter N. Munsing answered on Apr 24, 2020

If you were injured contact aWashington State Assn for Justice member member in the county where it happened--they give free consultations. If it's just damage to the car, if you have collision run it through that, let them deal with it. Start by getting estimates, and the base JAG corps... Read more »

1 Answer | Asked in Military Law on
Q: Is a lie detector test admissible in a court martial?

Can I be fired or found guilty for not doing a lie detector test?

R. Davis Younts
R. Davis Younts answered on Apr 23, 2020

No. Lie detector test results are not admissible in court. But anything you say before, during, and after the test is.I would need more details to answer the second question. If your job requires a TS clearance then it is possible that refusing a lie detector related to a clearance screening... Read more »

1 Answer | Asked in Immigration Law and Military Law on
Q: I want to immigrate to the US through the military. Can I do this without having a us family member/place to live, etc?

Currently I live in Lithuania, and I have no relatives in the US. Im 19, so I dont have a job either. But I want to immigrate to the US and get the citizenship. I know there is a way to do it through the military, but im not sure how should I do it "step by step"

Robert Roy Klein
Robert Roy Klein answered on Apr 22, 2020

Your first step is to figure out a way to get to the US that is either temporary or permanent, meaning you must be living here in the US. Then, you can apply for the military. Speak with an attorney.

1 Answer | Asked in Military Law for Minnesota on
Q: Ive had cancer & suffer disability due to chemical exposure during my 20 years in Navy (77-97). Claims denied. What now?

We submitted everything including a rock solid Nexus letter from specialist and still denied. Its been 5 yrs of goibg through this process. VSO has no more suggestions or options. What can we do?

Paul E. Tennison
Paul E. Tennison answered on Apr 20, 2020

Consult with an Attorney experienced in VA disability law. In order to determine what options you have available, an attorney would want to review all the letters you received from the VA about this and the nexus letter from the specialist. The VSO may be out of ideas, yet that does not mean... Read more »

1 Answer | Asked in Military Law for Washington on
Q: Question about a case I'm part of
Tim Akpinar
Tim Akpinar answered on Apr 15, 2020

Something may have accidentally gotten left off when you uploaded your question. You could try reposting (don't include personal information - just basic information). Good luck

Tim Akpinar

1 Answer | Asked in Family Law and Military Law for Georgia on
Q: trying to make brother who is deemed "Medically Disabled" in the state of GA . Do you need to go before a judge.

The SM is currently stationed overseas so going before a judge if so is going to be hard.

Homer P Jordan IV
Homer P Jordan IV answered on Apr 10, 2020

I’m unclear of the question. What are you trying to make or do with your brother? Please clarify the question so we can help you out. -Homer P. Jordan IV, Esq. 404-620-1558

1 Answer | Asked in Military Law for California on
Q: If we refinance a home in California that we had deferred payments on, do we then have to pay for those deferred payment

In our final amount owed statement our current mortgage company is adding the $16,000 to our current home loan amount. Now our refinance loan will be $16,000 higher than our current home loan.

Tim Akpinar
Tim Akpinar answered on Apr 8, 2020

Unless your matter involves military legal issues, you could try reposting under Banking and Real Estate. There's no guarantee that every question is picked up, but your question remains open for five weeks and could have better chances of being seen in those categories. Good luck

Tim Akpinar

1 Answer | Asked in Gov & Administrative Law, Military Law and Municipal Law for Virginia on
Q: What are the guidelines and rules of Tanks that have a deactivated weapon in VA, can I go on the road with them?

For example, can I drive on the road with rubber tracks?

Tim Akpinar
Tim Akpinar answered on Apr 7, 2020

If it's one of the brutes, even in a deactivated state, you run the risk of liability for overweight vehicle damage, despite rubber tracks, and the potential for civil lawsuits from municipalities and utility companies for possible damage to sewage infrastructure and underground utilities. You... Read more »

1 Answer | Asked in Divorce and Military Law for Alabama on
Q: Q: I am married for 12 years in June 2020. My name is not on the deed and it is heir property left to my husband.

What are my rights in a divorce settlement? He is a retired military also. There are no children. Thanks.

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Apr 2, 2020

If the property was used for the common benefit of the parties during the marriage you have a right to that property as divisible marital property. If he inherited it and you never used it as a married couple, it is not part of the marital property. If he inherited it and you did use it for the... Read more »

1 Answer | Asked in Military Law for South Carolina on
Q: How do I get my dd 214 from my first enlistment ? So I can apply for veterans benefits

I did 8 yrs in the navy and got discharged with an other than honorable discharge. I re-enlisted after 4 years Is there a way I can get a dd214 from my first enlistment ,

R. Davis Younts
R. Davis Younts answered on Mar 28, 2020

You should submit a standard form (SF) 180 to the National Archives. The forms are available online. If there are errors on the DD214 or you need to upgrade your discharge, there is a process for that as well.

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