Military Law Questions & Answers

Q: I'm pregnant, how soon can I start the process with DCSS?

2 Answers | Asked in Family Law, Child Custody, Child Support and Military Law for Georgia on
Answered on Oct 5, 2018
Regina Irene Edwards' answer
You can file for child support as soon as the baby is born. He will likely be ordered to provide health insurance as well as child support.

Q: What would be good legal advice for a military spouse who suspects their spouse has been having an affair?

2 Answers | Asked in Divorce and Military Law for Louisiana on
Answered on Oct 4, 2018
Ellen Cronin Badeaux's answer
You should hire a divorce lawyer before you report this to her command.

Q: I want to reverse an adoption in LA CA in 2002 I am 23 now. I want to petition to get my OG birth cert. for military PIP

1 Answer | Asked in Adoption, Family Law and Military Law for California on
Answered on Sep 30, 2018
Tobie Brina Waxman's answer
Were you adopted by a u.s. citizen? I'm not sure I understand what it is that you are trying to accomplish.

Q: I took leave and was suppose to go to Texas, I went to California.My OIC gave me a slap on the wrist.

1 Answer | Asked in Military Law for Pennsylvania on
Answered on Sep 29, 2018
Angelina Bradley's answer
Probably. The statute of limitations for false official statement and unauthorized absence are both longer than 2 months.

You should talk to your local Area Defense Counsel or Defense Service Office for advice. You can also reach out to a civilian military counsel like me for a consultation.

Good luck.

Q: I might be getting punished for Unauthorized Absence.

1 Answer | Asked in Military Law for Illinois on
Answered on Sep 28, 2018
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.

Good luck.

Q: I was given a ticket for harassment on Fort Campbell, KY. It’s my first offense ever. What should I expect?

1 Answer | Asked in Criminal Law, Communications Law and Military Law for Kentucky on
Answered on Sep 23, 2018
Timothy Denison's answer
Hire a lawyer and with your evidence, you should be fine.

Q: I just found out I have asthma and I have been in the army for 4 years.

1 Answer | Asked in Employment Law, Health Care Law and Military Law for New York on
Answered on Sep 18, 2018
V. Jonas Urba's answer
Can you perform your job duties with or without a reasonable accommodation? Have you requested an accommodation?

What does your doctor say?

What does a lawyer who handles military claims, usually a former JAG Corps lawyer, think? Or someone who handles federal work comp claims - they are out there.

Q: Is it against any Marine corps order to use mass punishment when no Njp was issued for what everyone is punished

1 Answer | Asked in Military Law for California on
Answered on Sep 17, 2018
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.

SF

Q: How can I be sure if neighbors are taking video of my where abouts and or inside my apt And on my job

1 Answer | Asked in Criminal Law, Civil Rights and Military Law for Florida on
Answered on Sep 12, 2018
Kevin John Mawn's answer
Hire an expert to scan your home for video equipment.

Q: Can a reservist be held accountable for having an affair according to the UCMJ?

1 Answer | Asked in Military Law for Washington on
Answered on Sep 12, 2018
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.

Q: My husband is in the military, me and my 3 boys live with him but one of my boys belongs to my ex and he didn’t agree

1 Answer | Asked in Family Law and Military Law for Kentucky on
Answered on Aug 22, 2018
Timothy Denison's answer
Yes. They can make you move back. Probably won’t, but you are supposed to file notice of intention to move at least 30 days before you do.

Q: I was recently discharged from the army after a failed urinalysis with a honorable discharge. I was told by my previous

1 Answer | Asked in Military Law for Virginia on
Answered on Aug 22, 2018
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.

See: http://arba.army.pentagon.mil/adrb-faq.html

and

http://arba.army.pentagon.mil/abcmr-overview.html

Q: If a charge was dismissed in a federal magistrate court, could a person go to special court martial for the same thing?

1 Answer | Asked in Military Law for California on
Answered on Aug 22, 2018
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.

Q: How can a DUI affect your chances for promotion?

1 Answer | Asked in Military Law for California on
Answered on Aug 22, 2018
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."

Q: Can a sergeant force his lower enlisted soldier to wear an ACH for multiple days as punishment?

1 Answer | Asked in Military Law on
Answered on Aug 8, 2018
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).

Q: I’m 18 and I am wondering if I will be automatically emancipated if I join the National Guard?

1 Answer | Asked in Military Law for Alabama on
Answered on Aug 1, 2018
Angelina Bradley's answer
If you are 18, you've already reached the age of emancipation. This is not dependent on you enlisting in the National Guard.

Good luck!

Q: Is my military supervisor allowed to order me to use my personal cell phone for work purposes?

1 Answer | Asked in Military Law for Texas on
Answered on Aug 1, 2018
Angelina Bradley's answer
I see this as an Anti-Deficiency Act problem. If you feel strongly about it, contact your local Trial Defense Services office or Area Defense Counsel, and ask them to assist you in raising this issue to the command's JAG or IG. Listen carefully to the advice they provide you about going down that road prior to taking action.

Q: us army and told my sergeant I'm getting out of the army through pt failure, can I get dishonorable discharge for this?

1 Answer | Asked in Contracts and Military Law for North Carolina on
Answered on Aug 1, 2018
Angelina Bradley's answer
No. You can only get a Dishonorable Discharge if you are found guilty at General Court-Martial and awarded a DD. For PT failure, you'll receive either an Honorable or a General Under Honorable Conditions. Benefits-wise, the difference is that, in most cases, an Honorable lets you use the GIBill, a GEN does not.

Once you are notified of your separation, you should contact either your local Trial Defense Services Office or contact a Military Law attorney (like myself) who can advise you...

Q: Is using a camouflage colored pants illegal? No patches, no nothing, just camouflage colored.

1 Answer | Asked in Military Law on
Answered on Jul 16, 2018
Angelina Bradley's answer
No, it isn't illegal to wear camouflaged pants. You will run into problems with the Stolen Valor Act when you start wearing rank, medals, and other insignia. But if it's just the pants, you should be fine.

Q: My husband claims me on his VA benefits still, he hasn't supported me or my children, when I had them home, in 5 years.

1 Answer | Asked in Military Law and Divorce for Oklahoma on
Answered on Jul 15, 2018
Gary Johnston Dean's answer
You should consult an experienced Family Law Attorney, in your area, for help with this problem ASAP. You have waited long enough to receive what you're entitled to from this bum!

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.