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Massachusetts Military Law Questions & Answers
2 Answers | Asked in Divorce, Child Custody and Military Law for Massachusetts on
Q: Can I apply for benefits and support to move out of the marital home with the kids before I file for divorce?

I am financially dependent on my husband. I want to leave. I have $500 SSDI a month. He is military active duty but stationed close by. We have two minor children.

Philip D. Cave
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Philip D. Cave
answered on Feb 22, 2022

If he is military, he is required by military law to "support his dependents."

Should you move out and you do not have a signed separation agreement, the military mandates that he must pay you a portion of his pay and allowances as support for you and the children pending the...
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1 Answer | Asked in Military Law for Massachusetts on
Q: Discharged from the army with a general discharge w/ honorable mentions for violating the curfew. Do I have a good case?

I was discharged with a general discharge with honorable mentions for violating the curfew overseas and want to get it changed. The curfew was changed to no curfew only a few months after I left base. I have no blemish marks since getting out of the army and would love to have this black mark on my... Read more »

R. Davis Younts
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R. Davis Younts
answered on Jan 25, 2021

Good Morning,

Each service has a Discharge Review Board. To obtain an upgrade you have to apply and provide sufficient evidence to overcome the "presumption of administrative regularity" which is the standard the Board will apply in reviewing your case. You should consider...
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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
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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.

1 Answer | Asked in Military Law for Massachusetts on
Q: I completed MEPS, took the oath and shipped out for bootcamp. I changed my mind at the airport now what?

I never made it to Boot Camp. What are the ramifications?

Patrick Korody
Patrick Korody
answered on Apr 7, 2018

You may be considered UA. Or they may have simply separated you. You should contact your recruiter to resolve the situation, or hire a lawyer to act as an intermediary.

1 Answer | Asked in Family Law, Libel & Slander, Military Law and Personal Injury for Massachusetts on
Q: What recourse do I have if someone stole my veterans medical documents and DD214 and gave them to an attorney?

My private documents were stolen out of my office space and used against me in a deposition by the thief given them to her attorney. Now they are using these documents to further explore and have a judge sepeona the rest of my records.

Peter N. Munsing
Peter N. Munsing
answered on Feb 19, 2017

I assume it's a domestic matter. Take it up with your attorney. He can file a motion in limine.

1 Answer | Asked in Criminal Law, Federal Crimes and Military Law for Massachusetts on
Q: i have a bad conduct discharge though a general courts martial 128 agg assault my charges dont apperar on record

am i felon in the eyes of civilain/federal court systems? *article 128 aggravated assault.

Patrick Korody
Patrick Korody
answered on Feb 3, 2017

If convicted of an Art 128 Aggravated Assault at a general court-martial, absolutely. However, it may be that the results of your trial were not entered into the correct database.

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