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Military Law Questions & Answers

1 Answer | Asked in Criminal Law, Health Care Law, Juvenile Law and Military Law for Iowa on

Q: 14yo boy steals military explosives and tells therapist in Iowa. Does therapist tell? What's her duty?

This is a question for a test (not real life)

Peter D. Mlynek answered on Jul 19, 2019

This is a classic test question that has to do with the balance of privacy of patients vs the protection of property/health/life.

To answer this question, see Tarasoff. https://en.wikipedia.org/wiki/Tarasoff_v._Regents_of_the_University_of_California .

I think that the therapist...
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1 Answer | Asked in Military Law for Mississippi on

Q: Can a convicted felon, who is married to a retired veteran, live in off-base military housing open to the public?

Paul E. Tennison answered on Jul 17, 2019

Yes, unless there is a specific law that would prohibit such conduct. I am unaware of a law that limits who may live in off-base military housing. This may be an issue where the rules and regulations set by the post commander may apply.

1 Answer | Asked in Divorce and Military Law for Tennessee on

Q: Do I have grounds to file for a uncontested divorce?

My wife has moved to another state and has been gone from our home for more than 30 days and I can’t contact her. But she contacted my chain of command through a redcross message to get money from me.

Anthony M. Avery answered on Jul 16, 2019

No that is not grounds for abandonment. If possible get an agreed Irreconcilable Differences Divorce. Sometimes you can send papers through the Spouse's Family. Being in the Military has its own special

requirements, so you need a competent attorney to represent you now. This...
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1 Answer | Asked in Military Law for California on

Q: I was separated from the US navy while in boot camp for a kidney stone. I want to reenlist but now I am 40 years old.

My private Dr cleared me to go back. I might also need an age waiver.

Paul E. Tennison answered on Jul 10, 2019

Speak with a recruiter. Their job is to get people to enlist. They can educate you on the current waivers available. Keep in mind each of the services have different recruitment policies so you may want to check with each of the branches of the US Military. Good luck.

1 Answer | Asked in Divorce and Military Law for Texas on

Q: How do I apply for and file for a divorce from my abusive husband. I'm in CA and afraid to go home in Lone Star, TX

He is at my home in Lone Star with the kids....His 3 biological. He is a VET and a very abusive alcoholic. He says if I come with my grown kids to move out, he's going to have his motorcycle brothers come when we come. I'm afraid for me and my children and his! I don't want any problems. It's my... Read more »

Paul E. Tennison answered on Jul 3, 2019

I recommend you call attorneys in/near the Lone Star, TX area and discuss your potential case with them. It is possible that you could file the divorce while you are still in California. You could likely pursue most of the divorce without ever traveling to Texas. You may also consider seeking an... Read more »

1 Answer | Asked in Military Law for Texas on

Q: 17 yr old daughter returned home from the military as she is being held against her will and without parental consent

Paul E. Tennison answered on Jul 3, 2019

This question is unclear, I do not understand what you are asking here.

1 Answer | Asked in Military Law for Massachusetts on

Q: Can a civilian be banned from an Army Reserve building without any documentation? Who has the legal right to ban them?

My coworkers husband was just banned from entering the building by our chain of command.

Paul E. Tennison answered on Jul 1, 2019

I believe the answer to this question is yes. The commander of the building has that authority to not allow people in the military building. I am unaware of any requirement for documentation.

2 Answers | Asked in Military Law, Real Estate Law and Tax Law for Georgia on

Q: Military member selling house in GA but not a resident. Is there a way not to pay the 3% withholding tax 48-7-128.

We moved years ago due to military deployment and stationed to another Post. We do not pay GA state tax due to Texas resident.

Andrew M Steiger answered on Jun 20, 2019

That’s a good question. It sounds like the tax is an unconstitutional burden on interstate commerce because it unfairly discriminates against out of state taxpayers. It would seem fair if every owner of real GA property paid the tax because that’s where the property is. But to soak out of... Read more »

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1 Answer | Asked in Personal Injury, Military Law and Social Security for Georgia on

Q: What rights does my daughter have if injured during Army BCT (Georgia NG)? NG is trying to discharge her.

My daughter was injured last summer, 3 days from Army BCT graduation. She suffered 3 hip/pelvic fractures, was sent home to REFRAD. She was scheduled to go back this week and the CT scan showed that one fracture is still not healed. We are waiting to get more details from the specialist. Her RSP... Read more »

Paul E. Tennison answered on Jun 11, 2019

As far as her rights to continue her basic training, that is a question for her RSP leadership and not really a legal question. If she has until June 2020 to finish her basic training then her leadership should do the right thing and give her more time to heal before going back. However, they may... Read more »

1 Answer | Asked in Military Law for Michigan on

Q: I need some help with medical disqualifications

My name is Michael, I'm a 20 year old who was diagnosed with asperger's autism at a young age. I was told by a marine recruiter that asperger's autism is a disqualification for joining any branch of the military, is that true? I need some clarity

Brent T. Geers answered on Jun 2, 2019

Your best bet is to check with recruiters from the different branches; each branch has different criteria. Military recruiting standards fluctuate, and some disqualifiers can be waived. Ultimately, though, you'll need to find a recruiter willing to work with you. All recruiters have quotas and thus... Read more »

1 Answer | Asked in Military Law for Wyoming on

Q: A friend joined the guard a few weeks ago. Has not been to drill or basic training. She wants out because of her

Recruiter made her lie at meps and trying to date her. Now she’s being threatened with going to jail if she doesn’t come to drills or go to basic training. Can that happen?

Anthony M. Avery answered on May 3, 2019

Yes. Joining the Military is a very serious matter. Going AWOL is seriously frowned upon by the Court and Prosecutor if her National Guard Commander swears out a Warrant. She also does not want an Other Than Honorable Discharge as it will ruin her life. A Dishonorable Discharge or Bad... Read more »

1 Answer | Asked in Appeals / Appellate Law, Constitutional Law and Military Law for Louisiana on

Q: I have served in the Combat Zone in Desert Shield and Desert Storm. I have submitted numerous of documents supporting .

I have submitted hazardous duty tax documents.

Ellen Cronin Badeaux answered on Apr 19, 2019

Can't tell what your question is.

1 Answer | Asked in Divorce and Military Law for Colorado on

Q: My ex-wife was awarded 45% of my military pension when we divorced in 1997. She remarried sometime in the 80’s.

Am I required to still pay the alimony as she has remarried?

John Hyland Barrett III answered on Apr 2, 2019

This depends on the terms of your divorce decree. Usually, alimony stops upon her remarriage. However, the division of your military pension is not alimony. It is part of your property division. Those terms would not change upon her remarriage. you should have an attorney review your decree and... Read more »

1 Answer | Asked in Criminal Law and Military Law for Georgia on

Q: Is it possible for a felony I recieved in the military to be expunged?

The felony is premeditated attempted murder.

Ecleynne Mercy answered on Apr 2, 2019

There is NO expungement of military court-martial records, even if you are acquitted at trial. Here is a recent case of a person who sought to have his court-martial conviction expunged.

The United States Department of the Navy (Navy) dishonorably discharged Jerome Randolph, the pro se...
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1 Answer | Asked in Constitutional Law and Military Law for Utah on

Q: I run a charity for military families. We wear multi-cam's with our patches fully identified upon them.

We work directly with the military and members of my team are both military veterans and civilians trained alike. We have been doing this for 10 years. A group of people have gotten together to stop the work that we are doing and asked the State of Utah to have our uniforms taken off. Like the... Read more »

Mike Branum answered on Mar 14, 2019

I can not think of a law which would allow them to take action against you to restrain you from wearing an article of clothing merely because it resembles a military uniform. To provide you with more constructive legal advice I would need more information about who "A group of people" are and what... Read more »

1 Answer | Asked in Criminal Law and Military Law for Washington on

Q: I am researching a double murder case from 1992 involving a US Army member shooting and killing 2

Other US Army members. I can not find any information on it, why?

Greg Freeze answered on Mar 1, 2019

If you are trying to research something somewhat vague, it can be difficult to find it. If you knew who and where, that would certainly help.

You didn't say how you were researching.

Here is an interesting website that might help you in some way. cite: www.jagcnet.army.mil/ACCA#...
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Q: Is our court actually considered a tribunal as in Admiralty law. The judge, DA and the prosecutor?

As a sovereign we have the jurisdiction over the land of the United States of America. What is the difference between a STRAWMAN and a Human Being.

Timur Akpinar answered on Feb 16, 2019

People use the terms loosely, but U.S. Constitution grants U.S. Courts authority to hear admiralty cases in Section 2 of Article III. In terms of maritime prosecutions, it is common for them to sometimes be handled jointly between the U.S. Department of Justice and U.S. Coast Guard, depending on... Read more »

1 Answer | Asked in Criminal Law, Juvenile Law and Military Law for California on

Q: I was arrested for the following when I was 12.. I am now 26 and recently made contact with the attorney

that represented me in juvenile court. He suggested and is confident we can successfully unseal my record, file a motion to reduce all felonies to misdemeanors, file a secondary motion to have the case dismissed by a judge, and re-seal the record. By doing so, will that make me eligible for... Read more »

Ali Shahrestani, Esq. answered on Feb 4, 2019

CA Penal Code 17b relates to reductions of crimes for juveniles, depending on the circumstances. See: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=17.

As for information in a background check, typically such checks uncover all arrests that are...
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1 Answer | Asked in Contracts, Products Liability, Business Law and Military Law for Pennsylvania on

Q: Can I use my military ID/base access as a job recruiter or does this violate any laws regarding financial gain?

I am an Army officer, federal subcontractor and private business owner. Interested in attending school graduations at a base with the intent of hiring.

Peter N. Munsing answered on Feb 4, 2019

Better check in with JAG corps on this--sounds like potential multiple violations. You should know that access is for the specific purpose only. Can you hand out cards, or other items? Not sure of that but if someone is looking to burn you you're giving them a match it seems to me.

1 Answer | Asked in Criminal Law, Admiralty / Maritime, Constitutional Law and Military Law for South Carolina on

Q: Are we in Admiralty law or common law. Cause our flags in our court room are gold fringed meaning Admiralty law

Timur Akpinar answered on Jan 24, 2019

Courts today can apply elements of both types of law. It will come down to a matter of the type of case the court has subject matter jurisdiction over, so that if a federal district court is deemed to have admiralty jurisdiction over a matter, it will apply maritime law and the Federal Rules of... Read more »

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