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 »
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 »
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.
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 »
His present wife never allowed him to be in our lives mom married him his first enlist year I was born un1964 he had vasectomy to ensure me and mynow deceased brother would have something after his death he married his wife after an affair my brother was still his custody but he died we didn't know... Read more »
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...Read more »
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...Read more »
Dear Justia, I've been wanting to join the Navy Reserve and I spoke with a Navy Recruiter. Initially, I thought it was a 3 year contract, but learned it's a 6 year contract in the Reserve. I work part-time in construction, and also help part-time with my family. Several years ago, I moved... Read more »
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...Read more »
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.
While on terminal leave, a friend of mine was charged with simple possession of a controlled substance on a federal property and had to appear in a federal magistrate court (where it was dismissed). His command found out about the incident and put him on legal hold just a few days before his EAOS... Read more »
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.
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...Read more »
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...Read more »
My vehicle before got ahold of my keys from 9my buddy and was using my vehicle almost every day. Im still paying on the vehicle with a loan through my credit union. The guy flipped my vehicle and decided to leave it where it was never told me about it. I learned of this information from my Higher... Read more »
Paperwork so I can be integrated into the unit. I haven’t gone to basic I switched my mos. I don’t want to be in the guard. I have a good job and it’s 91 miles away from where I live. I did my time active got out with a honarble an I only joined tHe guard because I didn’t have a job at the... Read more »
There is a possibility of early release, but it's unlikely it will be granted. Guard service, like active duty service, is a contract that is not easy to get out of. There are hardship options out there. But if you're in an undermanned MOS, it's unlikely they'll release you.
The ex-wife served us with papers recently to calculate a percentage of his retirement to go to her based on the Brown Formula. What percentage does she get of his retirement, and for how long? He took all of the debt when they divorced and he paid 4 years of spousal support. How much does he... Read more »
Who is "us"? Do you have an attorney? What do you mean that she served papers for you to calculate the percentage. It doesn't work that way. If there is a retirement account to be divided because of a divorce judgment or court order, the retirement account at issue is divided by QDRO. Whether...Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.