Joseph D. Allen's answer It wouldn't help anything to lie about the previous incident. If you know the name of the Navy recruiter, it is odd that they can't find him/her. However, it is very unlikely they would support your story and admit they told you to lie, even if they found them. What doesn't add up here is why you apparently told other recruiters about the Navy issue, but not the Army recruiter looking at your file. Anyhow, you may be ultimately unsuccessful in joining the Army- but the best bet seems to be...
Angelina Bradley's answer What would you want to hire the attorney for? In the discharge process, your son should have been notified he had the right to consult with an attorney, and, if the discharge characterization was Other Than Honorable or he’d been serving more than 6 years, he would have been offered a hearing and an attorney.
There’s not enough information here to know what service an attorney would provide. Discharge characterization upgrade? Records correction? You — or better, your son — are...
Angelina Bradley's answer 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 active duty).
Please feel free to reach out for a consult. I do this sort of work often, and I am also here in San Diego (don't let the number fool you): 323-487-1171.
Angelina Bradley's answer Where do you think the abuse occurred? If off-base, you should contact local PD for the criminal investigation, then contact your base Family Advocacy Program to report the abuse.
I specialize in Military Victim Rights. If it's sexual abuse, and the case heads to military criminal trial, your daughter will be appointed a victim rights attorney at no charge to you. Outside of that, if you need legal assistance, please feel free to reach out and I can help with your daughter's military...
Angelina Bradley's answer The Uniform Code of Military Justice provides for specific instances when the code would apply to civilians. As a general rule, that civilian would need to be serving alongside the armed services (e.g. as a contractor). It's more likely that the Military Extraterritorial Judicial Act would apply for civilian misconduct.
Angelina Bradley's answer Your submission doesn't really state a question, but if you're asking what your options and exposure are, you have a couple options. Head to the DSO North detachment during walk-in hours for a PERSREP appointment, which will be free, or reach out to a civilian military justice practitioner like myself for a consultation.
Angelina Bradley's answer 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.
Peter N. Munsing's answer With other personnel, on base, possibly. Off base, privately, unlikely. With a civillian, no. Get a confidential consult from a JAG attorney through the legal assistance plan.
Robert Donald Gifford II's answer You may want to consider petitioning that service's board of records review. For example, if you were Army you may want to petition the Army Discharge Review Board and/or the Army Board of Corrections of Military Records.
Robert Donald Gifford II's answer 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.
Robert Donald Gifford II's answer 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 work to rehabilitate him/her and keep them "in the fight."
Angelina Bradley's answer It does sound like it'd meet the AR standards for hazing. You can take your concerns to the command's IG or JAG (or, if the command doesn't have an IG, go to the ISIC's IG or JAG).
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