Military Law Questions & Answers

Q: I just found out I have asthma and I have been in the army for 4 years.

1 Answer | Asked in Employment Law, Health Care Law and Military Law for New York on
Answered on Sep 18, 2018
V. Jonas Urba's answer
Can you perform your job duties with or without a reasonable accommodation? Have you requested an accommodation?

What does your doctor say?

What does a lawyer who handles military claims, usually a former JAG Corps lawyer, think? Or someone who handles federal work comp claims - they are out there.

Q: Is it against any Marine corps order to use mass punishment when no Njp was issued for what everyone is punished

1 Answer | Asked in Military Law for California on
Answered on Sep 17, 2018
Angelina Bradley's answer
You’re going to need to be more specific. “Mass punishment” is what? Removal of privileges may be just fine depending on how it was done. Or it could be hazing. Or it could be the command actually enforcing existing policy. Without more facts, I cant make an assessment.

SF

Q: I just got married to my boyfriend, he is a united states marine. What are the next steps to get my legal statues fixed?

1 Answer | Asked in Family Law, Immigration Law and Military Law for New York on
Answered on Sep 17, 2018
Hector E. Quiroga's answer
You don’t say whether or not you came without authorization, but if so you can apply for a benefit called “parole in place”, which could, based on your being married to an active duty Marine, essentially erase an unlawful entry. Once you have that, you can apply for a green card at the same time your husband files an immigrant visa petition. If you entered lawfully, i.e. with a visa, you would not need to apply for parole in place.

We recommend you consult with an immigration...

Q: My daughter is 19, she enlisted in the Navy but received an ELS(entry level separation) is she still able to sponsor me?

1 Answer | Asked in Family Law, Immigration Law and Military Law for Texas on
Answered on Aug 29, 2018
Hector E. Quiroga's answer
Your daughter needs to be 21 in order to file an immigrant visa petition on your behalf.

Q: My husband is in the military, me and my 3 boys live with him but one of my boys belongs to my ex and he didn’t agree

1 Answer | Asked in Family Law and Military Law for Kentucky on
Answered on Aug 22, 2018
Timothy Denison's answer
Yes. They can make you move back. Probably won’t, but you are supposed to file notice of intention to move at least 30 days before you do.

Q: I was recently discharged from the army after a failed urinalysis with a honorable discharge. I was told by my previous

1 Answer | Asked in Military Law for Virginia on
Answered on Aug 22, 2018
Robert Donald Gifford II's answer
You may want to consider petitioning that service's board of records review. For example, if you were Army you may want to petition the Army Discharge Review Board and/or the Army Board of Corrections of Military Records.

See: http://arba.army.pentagon.mil/adrb-faq.html

and

http://arba.army.pentagon.mil/abcmr-overview.html

Q: If a charge was dismissed in a federal magistrate court, could a person go to special court martial for the same thing?

1 Answer | Asked in Military Law for California on
Answered on Aug 22, 2018
Robert Donald Gifford II's answer
If it was dismissed "with prejudice" in the federal court, then there is an argument that the courts-martial may be bound by that dismissal. It depends on the reason and grounds it was dimissed. If the dismissal is silent, it's likely "without prejudice" and still subject to UCMJ action.

Q: How can a DUI affect your chances for promotion?

1 Answer | Asked in Military Law for California on
Answered on Aug 22, 2018
Robert Donald Gifford II's answer
Absolutely. It is pretty much a military career killer. The only "exception" is when the service member is a junior enlisted. The military leadership recognizes that a young soldier (or marine, etc.) will make mistakes. If that junior enlisted member is an otherwise good troop, a commander will work to rehabilitate him/her and keep them "in the fight."

Q: Can a sergeant force his lower enlisted soldier to wear an ACH for multiple days as punishment?

1 Answer | Asked in Military Law on
Answered on Aug 8, 2018
Angelina Bradley's answer
It does sound like it'd meet the AR standards for hazing. You can take your concerns to the command's IG or JAG (or, if the command doesn't have an IG, go to the ISIC's IG or JAG).

Q: I’m 18 and I am wondering if I will be automatically emancipated if I join the National Guard?

1 Answer | Asked in Military Law for Alabama on
Answered on Aug 1, 2018
Angelina Bradley's answer
If you are 18, you've already reached the age of emancipation. This is not dependent on you enlisting in the National Guard.

Good luck!

Q: Is my military supervisor allowed to order me to use my personal cell phone for work purposes?

1 Answer | Asked in Military Law for Texas on
Answered on Aug 1, 2018
Angelina Bradley's answer
I see this as an Anti-Deficiency Act problem. If you feel strongly about it, contact your local Trial Defense Services office or Area Defense Counsel, and ask them to assist you in raising this issue to the command's JAG or IG. Listen carefully to the advice they provide you about going down that road prior to taking action.

Q: us army and told my sergeant I'm getting out of the army through pt failure, can I get dishonorable discharge for this?

1 Answer | Asked in Contracts and Military Law for North Carolina on
Answered on Aug 1, 2018
Angelina Bradley's answer
No. You can only get a Dishonorable Discharge if you are found guilty at General Court-Martial and awarded a DD. For PT failure, you'll receive either an Honorable or a General Under Honorable Conditions. Benefits-wise, the difference is that, in most cases, an Honorable lets you use the GIBill, a GEN does not.

Once you are notified of your separation, you should contact either your local Trial Defense Services Office or contact a Military Law attorney (like myself) who can advise you...

Q: Is using a camouflage colored pants illegal? No patches, no nothing, just camouflage colored.

1 Answer | Asked in Military Law on
Answered on Jul 16, 2018
Angelina Bradley's answer
No, it isn't illegal to wear camouflaged pants. You will run into problems with the Stolen Valor Act when you start wearing rank, medals, and other insignia. But if it's just the pants, you should be fine.

Q: My husband claims me on his VA benefits still, he hasn't supported me or my children, when I had them home, in 5 years.

1 Answer | Asked in Military Law and Divorce for Oklahoma on
Answered on Jul 15, 2018
Gary Johnston Dean's answer
You should consult an experienced Family Law Attorney, in your area, for help with this problem ASAP. You have waited long enough to receive what you're entitled to from this bum!

Q: How much time does chain of command have to initiate a statement of charges?

1 Answer | Asked in Military Law for Oklahoma on
Answered on Jul 12, 2018
John Cannon's answer
You need legal assistance office or a retained attorney to assist you in your FLIPL rebuttal. Not having a signed hand receipt for government property is potentially a valid defense.

Q: Can a Virginia lease be terminated by a military who wasn't the original lessee without a Military clause?

1 Answer | Asked in Contracts, Real Estate Law, Landlord - Tenant and Military Law for Virginia on
Answered on Jul 11, 2018
F. Paul Maloof's answer
Only the lessee who is on military duty has the right to invoke such a termination provision.

Q: How should I handle the following military matter?

1 Answer | Asked in Collections, Gov & Administrative Law and Military Law for Georgia on
Answered on Jul 10, 2018
Angelina Bradley's answer
There are too many specifics in your case that aren't provided here in your question, and I"m sure more nuances will arise. I'd head down to talk to your local Area Defense Counsel or Defense Service Office for a free consultation. They'll be able to help walk you through this.

Q: Can I be discharged from the navy for depression?

1 Answer | Asked in Military Law for Pennsylvania on
Answered on Jul 10, 2018
Angelina Bradley's answer
Yes. if you remain on LIMDU for more than three periods, you will be referred to the Physical Evaluation Board. The board will determine if your ability to perform your duties has been significantly impacted by your depression. If so, you'll be rated by the VA. If your rating is 30% or above, you'll be medically retired from the Navy. If less than 30%, you'll be medically separated.

The Navy provides free IPEB attorneys for you to ask questions of, located at all major military...

Q: What happens if you get busted for something while stationed overseas? Like a DUI?

1 Answer | Asked in Military Law for California on
Answered on Jul 10, 2018
Angelina Bradley's answer
It depends on your service branch. In the Navy, if you're attached to a ship, you're going toArt 15/ NJP/Captain's Mast because you can't refuse. Otherwise, your command may try to take you to NJP or elect to take you to court-martial. They may elect to administratively separate you from the service. It's at your commander's discretion.

You should contact your local Defense Service Office/Area Defense Counsel for free advice. There are also many civilian attorneys (myself included) who...

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