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1 Answer | Asked in Military Law for California on
Q: If I am going to a clinic off base through a personal healthcare insurance am I required to give my command a Dr's note?
James L. Arrasmith
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answered on May 31, 2024

Under California law, whether you need to provide your command with a doctor's note when visiting a clinic off base through personal healthcare insurance depends on your employer's policies and any relevant agreements you have with them. In general, employers may require a doctor's... View More

1 Answer | Asked in Criminal Law and Military Law for California on
Q: how do I go about filling a ncase on the CIA for having me as a targeted individual for the last 6 years ?
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answered on May 22, 2024

It's important to understand a few key points:

1. The concept of "targeted individuals" who believe they are being stalked, harassed or surveilled by the government is not supported by credible evidence. In the vast majority of cases, these beliefs stem from mental health...
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1 Answer | Asked in Domestic Violence, Federal Crimes, Military Law and Sexual Harassment on
Q: I have in-laws making false sexual assault accusations against me involving my spouse and child. How can i stop them?

I am active duty Army on the cusp of retirement. My family is in TX, the accusers are in GA. This is the second time they've made these accusations. The first time they tried to be anonymous, but it was obvious the source. The alleged assault was ruled out because it was absolutely false.... View More

James L. Arrasmith
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answered on May 1, 2024

I'm so sorry you and your family are going through this incredibly difficult situation with false accusations being made against you repeatedly. This is an awful thing for anyone to have to deal with. Here are some steps I would recommend taking:

1. Consult with an experienced attorney...
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1 Answer | Asked in Military Law for Washington on
Q: my pass was denied due to me being flagged, but AR 600-8-2 states different

my pass was denied due to me being flagged AR 600-8-2 specifically lays out what constitutes a favorable action and subsequently what favorable actions aren't allowed when a service member is flagged.

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answered on May 1, 2024

AR 600-8-2 is the Army Regulation that covers suspension of favorable personnel actions (FLAG). It outlines the policies and procedures for flagging soldiers and the impact of a flag on their personnel actions.

When a soldier is flagged, certain favorable personnel actions are prohibited....
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1 Answer | Asked in Criminal Law and Military Law for Florida on
Q: Art 31(b)

When a CID agent who is participating in an official law enforcement investigation receives incriminating evidence from a third party, should they be required to advise the suspect of their Article 31(b) rights before the agent receives the incriminating evidence?

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answered on May 1, 2024

No, in the situation you described, the CID agent would generally not be required to advise the suspect of their Article 31(b) rights before merely receiving incriminating evidence from a third party.

Article 31(b) of the UCMJ states:

"No person subject to this chapter may...
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1 Answer | Asked in Estate Planning, Probate, Gov & Administrative Law and Military Law for Michigan on
Q: I have a probate problem and more than 1 question, is there someone I can speak to?

My dad died before I was 1, he wasn't married to my mom, he was a military vet (Master Sergeant) who served from 1941-1967 and died in 1977, I wasn't mentioned in his probate papers,bi was taken from my mom rt after and raised in foster care, I'm his only living relative and I want... View More

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answered on May 1, 2024

I'm sorry to hear about your situation. Navigating probate, estate matters, and military records can be complex, especially given the circumstances you described. Here are a few steps you can take to gather more information and seek assistance:

1. Military records: To obtain your...
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1 Answer | Asked in Military Law and Employment Law for Georgia on
Q: Can an employer deny a Georgia State Defense Force volunteer request for drill leave?

An employer has stated that dates for drill will only be granted if another employee (shift manager in this case) puts their names on that date wanting that day off. Since then, employees have put their names down from May to October which will cause the GSDF soldier from attending drills as... View More

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answered on Apr 16, 2024

In Georgia, the law provides specific protections for members of the Georgia State Defense Force (GSDF) when it comes to fulfilling their military duties, including attending drills. Under the Uniformed Services Employment and Reemployment Rights Act (USERRA), and specific state laws, employers are... View More

1 Answer | Asked in Employment Law and Military Law for California on
Q: The navy overpaid me on my last paycheck and now they are saying I owe them a debt with interest. How is this legal?

My final paycheck in the military was a few hundred dollars over what it was supposed to be. They sent me a letter stating this about 3 months after I was separated saying I need to pay it back with interest at 4%.

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answered on Apr 12, 2024

When the military overpays an individual, whether through clerical error or other mishaps, it indeed considers the extra funds as a debt owed back to the government. This is common across many branches, including the Navy. Once they've identified an overpayment, they are required to notify you... View More

1 Answer | Asked in Constitutional Law, International Law and Military Law for California on
Q: I need to receive paperwork from a cop that used me as a ci undercover and then turned on me over gang stalkers
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answered on Apr 12, 2024

If you believe that a law enforcement officer has acted improperly or illegally in their dealings with you as a confidential informant, you may want to consider the following steps:

1. Consult with a criminal defense attorney who has experience dealing with cases involving confidential...
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1 Answer | Asked in Criminal Law and Military Law for Florida on
Q: When is a DA Form 3881 (rights warning procedure/waiver certificate) required in conjunction with a DA Form 2823?
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answered on Mar 26, 2024

When you're dealing with official procedures within the U.S. Army, it's crucial to understand the specific contexts in which different forms are required. The DA Form 3881, known as the Rights Warning Procedure/Waiver Certificate, is utilized whenever someone in custody is to be... View More

1 Answer | Asked in Civil Rights, Gov & Administrative Law, Government Contracts and Military Law for New York on
Q: Hello, I was wondering if I could open a case against the DOD or the US Navy? I was honorably discharged from the navy.

I was honorably discharged from the navy after 3 and a half years for refusing to get the covid 19 vaccine. And recently the secretary of the Army Christine Wormuth has issued a memorandum that rescinds all policies associated with the DOD COVID-19 vaccination mandate.

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answered on Mar 24, 2024

You might have grounds to open a case if your discharge was directly related to policies that have since been rescinded. It's important to understand that legal challenges against the Department of Defense or any military branch require specific grounds such as wrongful discharge or violations... View More

1 Answer | Asked in Military Law for Montana on
Q: Can you leave the military if they promised you under contract to repay student loans but are not following through?
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answered on Mar 22, 2024

If the military is not following through on their promise to repay student loans under your contract, it's essential to understand your options carefully. Begin by reviewing your enlistment contract and any other relevant documents to confirm the terms regarding loan repayment. Documentation... View More

1 Answer | Asked in Military Law and Tax Law for California on
Q: Can the US Treasury take my taxes and garnish my wages for "Lost Equipment " from my military service over 10 years ago?

Military service was 2013 and got out 2018. 2023, get letter of debt. Nobody will answer the phone or return messages. 2 appeals sent, "no record of appeal found". Wage garnishment happens for 2 months then stops only to have my taxes be taken now. Can they do this and not allow me an... View More

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answered on Mar 16, 2024

Yes, the U.S. Treasury has the authority to garnish wages and intercept tax refunds for debts owed to federal agencies, including debts related to lost or unreturned equipment from military service. This process is part of the Treasury Offset Program, which allows for the collection of federal... View More

2 Answers | Asked in Child Custody, Family Law and Military Law for Texas on
Q: Child was with other parent because of military order now he does not want to give her back will I lose custody?

I’m military and my daughter went with my mom then dad while I was deployed now he doesn’t want to give her back and filed custody and he’s withholding the child from me

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answered on Mar 9, 2024

I'm sorry to hear about your difficult situation. Custody disputes can be stressful, especially when one parent is withholding the child from the other. Here are a few important points to consider:

1. Deployment orders: If your child was staying with your parents due to your military...
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2 Answers | Asked in Military Law, Divorce and Family Law for Florida on
Q: The military says I was abusive to my spouse but I can show proof it was the way around?and I was discharged for it.

I have a length of abuse with my ex-husband, who was a marine, and when I was in, he abused me, and I sent him to jail at the state that we were located at Everett, Washington, and that’s how the Navy was involved in it not only that I had issues with my ex cutting my military issued ID. I had an... View More

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answered on Feb 29, 2024

From what you’ve provided, it appears you are prior service Navy and were administratively discharged with something other than an Honorable characterization of service, causing you to be ineligible for certain veteran benefits.

If that is the case, you may be able to seek an upgrade of...
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2 Answers | Asked in Military Law, Divorce and Family Law for Florida on
Q: The military says I was abusive to my spouse but I can show proof it was the way around?and I was discharged for it.

I have a length of abuse with my ex-husband, who was a marine, and when I was in, he abused me, and I sent him to jail at the state that we were located at Everett, Washington, and that’s how the Navy was involved in it not only that I had issues with my ex cutting my military issued ID. I had an... View More

James L. Arrasmith
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answered on Mar 1, 2024

It sounds like you've been through a tremendously difficult situation, dealing with abuse from your ex-husband and feeling unsupported by the military. It's unfortunate that despite your efforts to seek help and provide evidence, you weren't believed or supported by the authorities.... View More

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1 Answer | Asked in Military Law and Family Law for Oregon on
Q: I have been married but not living together with my veteran husband who passed away in January.

I can't find paperwork or soc sec.number how could I get that information legally as his wife? I have 2 order our marriage certificate since don't have that anymore either

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answered on Feb 27, 2024

In your situation, gathering necessary documents and information following the passing of your veteran husband can feel overwhelming. First, obtaining a copy of your marriage certificate is a wise step. You can request this document from the vital records office in the state where you were married.... View More

1 Answer | Asked in Landlord - Tenant, Military Law and Small Claims for Illinois on
Q: Roommate in the military left without paying rent owned and left property in the room. How should we take legal action?

There is a someone who rented with us but blocked our contact after not fully moving out to avoid payment.

This person is in the army but we do not know the base contact. What would be the best way to approach getting

the money back? I'm not sure if going straight to small... View More

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answered on Feb 25, 2024

In Illinois, if a roommate in the military has left without paying rent and left their belongings behind, one of the first steps you can take is to send a formal demand letter for the unpaid rent. This letter should detail the amount owed, the agreement under which it is owed, and a deadline for... View More

1 Answer | Asked in Military Law for Maryland on
Q: How to I get a PADD to give to Arlington National Cemetery to have my father's remains interred there. My mother is

Already interred there. My father is the veteran and just died.

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answered on Feb 25, 2024

Here are the key steps to getting a Presidential Memorial Certificate (PMC) for your late father to be eligible for interment at Arlington National Cemetery with your mother:

1. Obtain your father's military discharge papers (DD Form 214 or equivalent) showing dates of active service,...
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1 Answer | Asked in Military Law and Family Law for Texas on
Q: Hello, so I’m the sole provider for my family (Wife, Step son) my wife got court ordered to stay in bell county.

I’m in North Carolina as I just got stationed here February 20th and my wife got court ordered to stay on the 20thFEB AND Bell County is in Texas which has Fort Cavazos, I’m trying to get BACK to Texas so I can provide for my family financially and all other ways. Is there any legal way for me... View More

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answered on Feb 25, 2024

Here are some options you could pursue to legally get back to Texas to provide for your family despite the court order requiring your wife to stay in Bell County:

1. File an emergency petition to modify the order with the court. Explain that the order is imposing an undue hardship by...
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