Military Law Questions & Answers

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

1 Answer | Asked in Constitutional Law and Military Law for Utah on
Answered on Mar 14, 2019
Mike Branum's answer
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 authority they believe they have to control what your group does.

I never charge a consultation fee for military members or veterans. I will extend the same courtesy to a military / veteran...

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

1 Answer | Asked in Criminal Law and Military Law for Washington on
Answered on Mar 1, 2019
Greg Freeze's answer
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#

Disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it...

Q: Is our court actually considered a tribunal as in Admiralty law. The judge, DA and the prosecutor?

1 Answer | Asked in Admiralty / Maritime, Constitutional Law, Gov & Administrative Law and Military Law for North Carolina on
Answered on Feb 16, 2019
Timur Akpinar's answer
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 the nature of the crime.

Tim Akpinar

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

1 Answer | Asked in Criminal Law, Juvenile Law and Military Law for California on
Answered on Feb 4, 2019
Ali Shahrestani, Esq.'s answer
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 publicly listed; but it depends on the thoroughness of the background check and the entity running the check. As for whether it will preclude you from a particular job with the US government, for...

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

1 Answer | Asked in Contracts, Products Liability, Business Law and Military Law for Pennsylvania on
Answered on Feb 4, 2019
Peter N. Munsing's answer
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.

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

1 Answer | Asked in Criminal Law, Admiralty / Maritime, Constitutional Law and Military Law for South Carolina on
Answered on Jan 24, 2019
Timur Akpinar's answer
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 Civil Procedure. However, our legal system does also embody common law, the notion of applying precedents established from earlier court decisions.

Tim Akpinar

Q: Yes I’m under 21 and I’m a national guardsmen but I would like to buy a pistol in Ga can I do that?

1 Answer | Asked in Criminal Law, Gov & Administrative Law, Military Law and Probate for Georgia on
Answered on Jan 22, 2019
David Edward Boyle's answer
If you cannot lawfully possess the gun in your home state I would not recommend that you do so.

Q: If my family member is in the middle of getting deport and me in the military is there anyway I can help them?

1 Answer | Asked in Family Law, Immigration Law and Military Law for Texas on
Answered on Jan 22, 2019
Kelli Y Allen's answer
Not just by virtue of being in the military. But I suggest consulting with an immigration attorney who handles removal defense in your area to see if there are options.

Q: My father just passed I'm his daughter there is no will and I need to know if I have any rights to his military benefits

1 Answer | Asked in Family Law, Military Law, Municipal Law and Probate for California on
Answered on Jan 16, 2019
Richard Samuel Price's answer
His surviving spouse would be entitled to all of the community property that they owned, or any joint tenancy held property. Since he had two children, you both would share 2/3 of his separate property and his surviving spouse would be entitled to 1/3 of his separate property. But if he was married for a long term, there probably isn't any separate property.

You'll have to contact the Veterans Administration to determine if you're entitled to any survivor's benefits.

Q: I’m pending chapter , however my ets date is coming up can I still ets ? I was told I can’t but my leadership I feel lie

1 Answer | Asked in Employment Law and Military Law for Kentucky on
Answered on Jan 15, 2019
Robert Donald Gifford II's answer
You are likely "flagged" and will be prevented from ETS'ing normally until your chapter paperwork is processed.

Q: I was discharged from my military unit and I'm pretty sure it's because I'm gay. Can they still do that?

1 Answer | Asked in Military Law for California on
Answered on Jan 9, 2019
Steven McNicholl's answer
In 2010, President Obama repealed the policy "Don't ask Don't Tell", preventing the military from discharging service men because of sexual preference.

Q: What area of law does the Uniformed Services Former Spouses’ Protection Act cover?

1 Answer | Asked in Military Law for Texas on
Answered on Dec 18, 2018
Angelina Bradley's answer
Generally, spousal support, eligibility for TriCare coverage, and military retirement pay.

To see how it applies to you, consult with a family law attorney.

Q: Can I be discharged from military service because of a cancer diagnosis?

1 Answer | Asked in Military Law for California on
Answered on Dec 6, 2018
Angelina Bradley's answer
If you are an active duty service member with a cancer diagnosis, you will be processed through the Physical Evaluation Board process. The Navy will determine whether your cancer significantly interferes with the performance of your duties. Depending on how disabled you are determined to be (by the VA) you could be either retired or separated with a severance.

My office practices in this area. If you need additional assistance, please reach out to me.

Q: I’ve missed 9 drills in Indiana. they said If I don’t make them up I’m going to dishonerable... true or false?

1 Answer | Asked in Military Law for Indiana on
Answered on Dec 3, 2018
Angelina Bradley's answer
The only way to be dishonorably discharged is if it is awarded at a general court martial. Is it possible? Yes. Each missed drill is an Unauthorized Absence. They could choose to refer the charges to court-martial.

More likely is that they’ll administratively separate you, asking for either a General or Other Than Honorable discharge.

If they’re offering you to makeup your drills, you should ask if they’re going to make those UAs into AAs or if they’re just going to...

Q: How can I get CS enforced if deadbeat has filed Ch13 bankruptcy, receiving 90% VA benefits of 2200/mo &$10k in arrears ?

1 Answer | Asked in Bankruptcy, Military Law and Family Law for Alabama on
Answered on Dec 3, 2018
Timothy Denison's answer
Hire a collection or family law attorney who can collect it for you. Bankruptcy does. It stay the collection norenforcement of domestic support obligations.

Q: If I joined the military at 17, am I emancipated in the state of Ohio?

1 Answer | Asked in Family Law and Military Law for Ohio on
Answered on Dec 3, 2018
Joseph Jaap's answer
Not necessarily. See this link for information.

https://www.ohiobar.org/public-resources/commonly-asked-law-questions-results/circumstances-say-whether-minors-are-emancipated/

Q: Do I have to provide my LES to my civilian employer after each drill?

2 Answers | Asked in Employment Law and Military Law for New York on
Answered on Nov 27, 2018
V. Jonas Urba's answer
Have you asked HR why they need it? There might be a very legitimate reason and if they are requiring that from all reservists why object? If you needed a workplace accommodation and your employer kept requesting more and more clarification from your physician would you not have to provide that; within reason?

Q: Joining the Army, but bump in the road. What should I do? Please read carefully

1 Answer | Asked in Military Law for Maryland on
Answered on Nov 15, 2018
Joseph D. Allen's answer
It wouldn't help anything to lie about the previous incident. If you know the name of the Navy recruiter, it is odd that they can't find him/her. However, it is very unlikely they would support your story and admit they told you to lie, even if they found them. What doesn't add up here is why you apparently told other recruiters about the Navy issue, but not the Army recruiter looking at your file. Anyhow, you may be ultimately unsuccessful in joining the Army- but the best bet seems to be...

Q: My gay son was discharged from the army and refuses to tell me what happened. Think I need to hire a lawyer for him?

1 Answer | Asked in Military Law for Texas on
Answered on Nov 2, 2018
Angelina Bradley's answer
What would you want to hire the attorney for? In the discharge process, your son should have been notified he had the right to consult with an attorney, and, if the discharge characterization was Other Than Honorable or he’d been serving more than 6 years, he would have been offered a hearing and an attorney.

There’s not enough information here to know what service an attorney would provide. Discharge characterization upgrade? Records correction? You — or better, your son — are...

Q: Can I get out of the Navy Reserves if I need to help out family more

1 Answer | Asked in Military Law for California on
Answered on Oct 23, 2018
Angelina Bradley's answer
Hello. Yes, you can ask for a hardship separation from the Naval Reserve. Depending on where you are in your contract, you can also request to be transferred to the IRR so your drilling requirement would be eliminated -- you'd just have an annual check-in (and you'd still be subject to recall to active duty).

Please feel free to reach out for a consult. I do this sort of work often, and I am also here in San Diego (don't let the number fool you): 323-487-1171.

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