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South Carolina Military Law Questions & Answers
1 Answer | Asked in Military Law and Employment Law for South Carolina on
Q: Can an employer question you about military discharge, can they receive military documentation without requesting

a wavier to receive records of military charges other than the original signature to conduct a background check?

James L. Arrasmith
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answered on Oct 31, 2024

Employers are allowed to ask about your military discharge status as part of the hiring process. However, they should refrain from delving into the specific reasons behind your discharge unless it directly relates to the job you're applying for. It's important to understand your rights in... View More

1 Answer | Asked in Military Law for South Carolina on
Q: Can I draw concurrent US Army retired pay with a 100% disability rating from the Veterans Administration?

I am a retired US Army veteran with 20+years of service. I an now a 100% disabled veteran by the Veterans Administration. I have combat related disabilities from Agent Orange from exposure in Viet Nam during my active service years.

James L. Arrasmith
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answered on Jul 18, 2024

You can draw concurrent retired pay and VA disability compensation under certain conditions. If your disability is combat-related, you may be eligible for Combat-Related Special Compensation (CRSC). CRSC allows you to receive both benefits without a reduction in your retired pay.... View More

1 Answer | Asked in Divorce, Military Law and Family Law for South Carolina on
Q: I am wanting to separate/divorce my military husband. We have 2 children together and have been married for 16 years.

I'm a SAHM

No money saved

No family near me

James L. Arrasmith
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answered on Jun 18, 2023

I'm sorry to hear that you are going through a difficult time. If you are considering separating or divorcing your military husband, there are several things you should be aware of:

1. Military divorce: Military divorce can be more complex than civilian divorce, as there are specific...
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1 Answer | Asked in Military Law for South Carolina on
Q: Can I get in trouble if I marry my boyfriend and know he is MIA from his post in the service
James L. Arrasmith
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answered on May 2, 2023

Yes, it is illegal to knowingly marry someone who is absent without leave (AWOL) or missing in action (MIA) from the military. This is considered aiding and abetting in a crime and can result in legal consequences. It is important to contact the military authorities and report his absence to avoid... View More

1 Answer | Asked in Divorce, Estate Planning, Family Law and Military Law for South Carolina on
Q: In SC I am a military member, my spouse is smoking pot illegally and harassing me with it because he knows I can't smoke

By harassing me i mean he smokes it obnoxiously in my face and continues to follow me around with it. I feel like he is trying to sabotage my health and career, and I feel unsafe around him. We are divorcing. The house is mine. He is forcing me out. He pays nothing on the house and is now trying to... View More

Megan Hunt Dell
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Megan Hunt Dell
answered on Nov 28, 2022

There are not enough details here to provide you with specific information about your rights. The best course of action is to consult with an experienced South Carolina divorce lawyer.

1 Answer | Asked in Elder Law, Health Care Law, Military Law and Nursing Home Abuse for South Carolina on
Q: My Father was veteran. He’s been at funeral home since Oct 2th without anyone letting the family know what’s going on.

My father was a veteran that had live in nurse aid. None of our family knew this person other than me searching her criminal records. She let him get dehydrated for 5 days which shut his organs down. She was reported to DSS.Not one person has gotten back with family on that. He then went in Oconee... View More

Roy Willey
Roy Willey
answered on Oct 9, 2022

I’m unclear on what your exact question is but you should contact an nursing home negligence attorney if you are concerned about the care your father received. So sorry for what you are going through.

1 Answer | Asked in Military Law for South Carolina on
Q: How do I get my dd 214 from my first enlistment ? So I can apply for veterans benefits

I did 8 yrs in the navy and got discharged with an other than honorable discharge. I re-enlisted after 4 years Is there a way I can get a dd214 from my first enlistment ,

R. Davis Younts
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R. Davis Younts
answered on Mar 28, 2020

You should submit a standard form (SF) 180 to the National Archives. The forms are available online. If there are errors on the DD214 or you need to upgrade your discharge, there is a process for that as well.

1 Answer | Asked in Criminal Law, Admiralty / Maritime, Constitutional Law and Military Law for South Carolina on
Q: Are we in Admiralty law or common law. Cause our flags in our court room are gold fringed meaning Admiralty law
Tim Akpinar
Tim Akpinar
answered on Jan 24, 2019

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... View More

1 Answer | Asked in Military Law, Civil Rights and Criminal Law for South Carolina on
Q: I have been in the military for 20 years got a misdemeanor cdv in 1994 and it was pardoned in 2003 due to going to Iraq.

Now we have to get a concealed weapons permit. IS that going to be a problem for me? I am just confused on exactly what all a pardon restores.

Robert Donald Gifford II
Robert Donald Gifford II
answered on May 20, 2017

The Pardon wipes away your conviction and you should be fine to have a concealed permit. I would recommend that you keep copies of your pardon paperwork in multiple places in the event it becomes an issue as to whether or not you have had your rights restored.

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