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California Military Law Questions & Answers
2 Answers | Asked in Military Law for California on
Q: i was in the military and i am having a hard time getting my records and dd214s so i can apply for much needed benefits

i am currently homeless and i need them. can any of you assist

James L. Arrasmith
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answered on Mar 6, 2023

I'm sorry to hear that you're having difficulty obtaining your military records and DD214s. There are several ways you can try to obtain these records:

Request your records online: You can request your military records and DD214s online through the National Archives website. The...
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4 Answers | Asked in Car Accidents, Personal Injury and Military Law for California on
Q: I was in an auto accident and I’m still recovering. I’m active duty and have a doctors note to be out.

Can I get in trouble for being out too long even if I have a doctors note and let my leadership know?

William John Light
William John Light
answered on Mar 6, 2023

You should confer with your commanding officer and or the Legal Office, or a military law specialist. It sounds like you need a "Line of Duty" determination. An LOD determination may impact disability retirement and severance pay, forfeiture of pay, extension of enlistment, and veteran... Read more »

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4 Answers | Asked in Car Accidents, Personal Injury and Military Law for California on
Q: I was in an auto accident and I’m still recovering. I’m active duty and have a doctors note to be out.

Can I get in trouble for being out too long even if I have a doctors note and let my leadership know?

James L. Arrasmith
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answered on Mar 6, 2023

As an active duty service member in California, you are entitled to certain rights and protections under the Uniformed Services Employment and Reemployment Rights Act (USERRA) and other federal laws. These laws prohibit discrimination against service members in employment and protect their rights... Read more »

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1 Answer | Asked in Medical Malpractice and Military Law for California on
Q: I am wondering the chances of military malpractice with an allergic reaction by continued meds intake per doc directions

In summary:

I am active duty military. After having knee surgery I became allergic to dermabond and then the antibiotics given to me by the military doctors. After multiple military ER visits my face began to swell shut literally by the minute and I was told to keep taking the medication... Read more »

James L. Arrasmith
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answered on Mar 4, 2023

I'm sorry to hear about your experience. It is difficult to say with certainty what the chances of military malpractice are without knowing all the details of your case. However, if you feel that you have been a victim of medical malpractice, you may have legal options available to you.... Read more »

2 Answers | Asked in Military Law for California on
Q: If I developed seizures in the military without any history of seizures. Is it their fault?
James L. Arrasmith
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answered on Feb 26, 2023

If you developed seizures while serving in the military, without any prior history of seizures, it may be possible that your seizures were caused by a service-related condition or injury. This could entitle you to certain benefits or compensation through the Department of Veterans Affairs (VA).... Read more »

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2 Answers | Asked in Military Law for California on
Q: If I developed seizures in the military without any history of seizures. Is it their fault?
Gregory M. Rada
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Gregory M. Rada
answered on Feb 26, 2023

It's not necessarily the military's "fault," but regardless, the general rule is that if a medical condition first started during active duty (meaning it wasn't a pre-existing condition), then you can receive disability compensation from the VA when you separate from the... Read more »

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1 Answer | Asked in Military Law for California on
Q: What Title 10 12301 subsection ( for National Guard) does IET ( Basic Training ) fall under? Is it 12301(a), (b), etc.?
James L. Arrasmith
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answered on Feb 20, 2023

Initial Entry Training (IET), which includes Basic Training, falls under Title 10 U.S. Code § 12301(d) for members of the National Guard. This subsection pertains to inactive duty training and other training, including IET, that the Secretary of the Army or Air Force may prescribe.

1 Answer | Asked in Gov & Administrative Law and Military Law for California on
Q: I’m active duty in California, but I’m from Colorado do I need to register my pistol from back home?

What’s the max capacity magazine for a pistol?

Jason R Wareham
Jason R Wareham
answered on Dec 20, 2022

If you live on a military base, the answer is almost always yes.

While I am not a CA attorney, perhaps this statute can assist you: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=17000.

If you live off base, I'd recommend a brief...
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2 Answers | Asked in Estate Planning, Wrongful Death, Military Law and Personal Injury for California on
Q: Does a widow remain next of kin indefinitely even if they remarry?

My father passed away in January 2020. He was in the Marines and was stationed at Camp Lejeune. I'm wanting to file a claim because he died as a result of being stationed there. Would my lawsuit need to incorporate his widow if she's remarried?

William John Light
William John Light
answered on Dec 5, 2022

If she was married to your father at the time of his death, she likely needs to be included. The fact of re-marriage would likely affect her claim for damages, though. Discuss with a knowledgeable personal injury attorney.

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2 Answers | Asked in Estate Planning, Wrongful Death, Military Law and Personal Injury for California on
Q: Does a widow remain next of kin indefinitely even if they remarry?

My father passed away in January 2020. He was in the Marines and was stationed at Camp Lejeune. I'm wanting to file a claim because he died as a result of being stationed there. Would my lawsuit need to incorporate his widow if she's remarried?

Adam Stoddard
Adam Stoddard
answered on Dec 5, 2022

Typically in a wrongful death lawsuit, all heirs must join either as plaintiff's themselves or as a nominal defendant. You may also have to comply with the Federal Tort Claims Act. Given that he died over two years ago, you may also have a statute of limitations issue. You should consult an... Read more »

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2 Answers | Asked in Divorce and Military Law for California on
Q: Can old, deleted, text messages be subpoenaed from AT&T to assist in divorce?

I have a confession that an affair took place, but it’s been deleted off my phone for a few years and I need it for court. He’s in the military.

Tobie B. Waxman
Tobie B. Waxman
answered on Aug 22, 2022

This is a tech question. Have you asked AT&T if the messages can be retrieved? Why is this information necessary for your case? California is a no-fault state. Meaning, an affair is not relevant, unless you are trying to prove that community funds were used to finance the affair, or... Read more »

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1 Answer | Asked in Civil Litigation, Constitutional Law, Government Contracts and Military Law for California on
Q: How to serve the Defendant documents in a federal civil case?

Hi, I am the Plaintiff in a federal civil case. I do not have attorney yet. I have 3 simple questions.

1, After I serve the original complaint and summons, can I serve other documents to Defendant MYSELF? I mean, can I sign the Certificate of Service and proof the service myself?... Read more »

Dan Rowan Cortright
Dan Rowan Cortright
answered on Jul 22, 2022

1) yes, you can serve documents yourself after the Summons/Complaint are served by a process server (or someone other than yourself)

2) you must serve defendant's counsel with all papers in the case, not the defendant himself

3) service deadlines mean the documents must be...
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1 Answer | Asked in Military Law for California on
Q: can someone who knows military law email me at jaimclucas138@hotmail.com i am in need of assitance
James L. Arrasmith
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answered on Mar 6, 2023

I suggest looking for a lawyer directory for attorney's who are familiar with military law.

1 Answer | Asked in Civil Rights, Contracts and Military Law for California on
Q: I am a 56 yr African American veteran ( first Gulf War ). I was denied my right to file a formal complaint by the SF VA

One of the services I am eligible for is the VA RideShare Program. Staff at the Medical Center arrange transportation for veterans ( Dr. appts and other necessary trips ). I discovered soon after using the service, that the cost of many of the trips had been debited from my personal bank... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Jun 22, 2022

you need a lawyer who specializes in Veterans Benefits, not just a personal injury lawyer. Google that if you don't get an answer on this site.

A PI is more like car accidents and slip and falls.

2 Answers | Asked in Criminal Law and Military Law for California on
Q: I am shipping off to Basic Training for the military on FEb 8th.Last week I got 3 misdemeanors: possession, intoxicatio

Paraphernalia. I was informed the new LA DA is not pursuing any low level misdemeanors (including the ones I was charged with). The arresting officer also confirmed this. However, my court date is in April during which time I am supposed to be in Basic training. Any advice?

Paul Ylvisaker
Paul Ylvisaker
answered on Jan 4, 2021

If you were arrested, charged, and fingerprinted you dont have any choice; the military will find out eventually and a number of things could happen at that point, including a discharge for the convenience of the government while you are in training. If your MOS is at all reliant on ability to... Read more »

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1 Answer | Asked in Federal Crimes and Military Law for California on
Q: If I claim to be a veteran in order to obtain a discount from a company, would that be considered stolen valor?

If its not stolen valor, would it be a violation of any other law? Sources would be appreciated. Thank you.

Sabra M. Janko
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answered on Jul 16, 2020

Even if it is not stolen valor, if you are not a veteran it would be fraud.

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 Divorce and Military Law for California on
Q: I filed for divorce in orange county, CA but my husband is military and didnt respond. Hes not deployed.

I filed and served him back in November. But because he is military, I am unable to get it sent to default, and I'm not sure what the next steps are to get it finished

Stephen Peter Anderson
Stephen Peter Anderson
answered on Mar 3, 2020

The Court can be asked to appoint an attorney to represent him under the Soldiers and Sailors Act. That attorney will ensure his rights are protected and so you can proceed with getting all your issues resolved. That he is not deployed is a good thing, as he will be available to testify in case a... Read more »

2 Answers | Asked in Criminal Law and Military Law for California on
Q: Active duty member. I was called into osi for the suspicion of violating 112 of the ucmj

It was 112A. However I have not been charged with anything, I did not answer questions,. I did not fail a UA, was not asked to take one and have not been removed from my job that I work at, at a secure site even after my commander was told and upon his request said I should still stay at my job.... Read more »

Louis George Fazzi
Louis George Fazzi
answered on Oct 29, 2019

No lawyer has a crystal ball to predict what your governing authority might be thinking. If you were not caught carrying, under the influence, or anything else consistent with being under the influence of a controlled substance described in § 112a, and since you were not arrested and charged with... Read more »

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1 Answer | Asked in Civil Rights and Military Law for California on
Q: D/C'd Honorably from Navy in 1986 after confessing to ships chaplain that I was gay. Time served: 8/1985 - 6/1986.

Requested an undeleted DD-214 form for veteran benefits for school. Am I a "veteran?"

Louis George Fazzi
Louis George Fazzi
answered on Oct 18, 2019

Yes, you are a veteran. You should visit the VA's website (https://www.va.gov) to determine what, if any, benefits to which you may be entitled. Thank you for your service.

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