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2 Answers | Asked in Military Law for Florida on
Q: Am I a member of the unorganized militia of the United State?

I'm a 17-year-old male without any physical or mental disabilities, but I do have high functioning autism and ADHD. Am I still "able-bodied" in the context of Title 10 Chapter 12?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 4, 2023

The term "able bodied" as used in 10 USC Section 246 doesn't seem to be defined. Wiktionary defines "able-bodied" as "Having a sound, strong body; physically competent; robust; fit for service.", so it might depend upon why it would matter whether or not you are... View More

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2 Answers | Asked in Military Law for Florida on
Q: Am I a member of the unorganized militia of the United State?

I'm a 17-year-old male without any physical or mental disabilities, but I do have high functioning autism and ADHD. Am I still "able-bodied" in the context of Title 10 Chapter 12?

James L. Arrasmith
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answered on Dec 4, 2023

Under Title 10, Section 246 of the United States Code, the unorganized militia is composed of individuals who are at least 17 years old and, except as provided in Section 313 of title 32, not more than 45 years old, and are citizens or have made a declaration of intent to become citizens. It... View More

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Q: Can my company commander (army) deny me leave for a explicit doctors note for my wife.

My wife just had a miscarriage caused by my company commander and 1SG, we got a doctor’s note explicitly saying because she has 2 kids and recovering from a miscarriage that she’s on bed rest and that I need to be home to take care of her. They only gave me 3 days when the doctor said 2 weeks.

James L. Arrasmith
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answered on Dec 1, 2023

In the U.S. military, leave requests are generally subject to approval by a commanding officer, considering both the needs of the service and the individual circumstances of the service member. In cases like yours, where there's a critical family situation such as a medical emergency,... View More

1 Answer | Asked in Military Law for Ohio on
Q: I enlisted in the army in July 2003 and received a medical discharge I never got any of my sign on bonus Shouldn’

It was for 30,000.0” and I signed a eight year enlistment contract with full intention of completing

I didn’t plan on having a seizure

I never received a dime

James L. Arrasmith
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answered on Nov 29, 2023

In cases like yours, where a medical discharge occurs before the fulfillment of the enlistment contract, eligibility for the enlistment bonus can be complicated. Typically, enlistment bonuses are paid out for completion of certain terms of service, and a medical discharge might affect this.... View More

2 Answers | Asked in Criminal Law, Elder Law, Identity Theft and Military Law for Massachusetts on
Q: neighbor stole $8000 from my 80 yr old mom's bank card, caught on bank ATM camera, admitted it and wasn't arrested.

Intentional, waited till I left for a week to use my mom's card. Intent was there considering he was smart enough to only take out the maximum money allowed daily from ATMs, fun times at Mohegan Sun, all totally caught and verified by police. They brought him in for questioning and told me... View More

James L. Arrasmith
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answered on Nov 27, 2023

In the situation where your 80-year-old mother's bank card was stolen and used to withdraw money, it's understandably frustrating and confusing when the perpetrator admits to the crime but isn't arrested. The decision to arrest or not can depend on various factors, including local... View More

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2 Answers | Asked in Criminal Law, Elder Law, Identity Theft and Military Law for Massachusetts on
Q: neighbor stole $8000 from my 80 yr old mom's bank card, caught on bank ATM camera, admitted it and wasn't arrested.

Intentional, waited till I left for a week to use my mom's card. Intent was there considering he was smart enough to only take out the maximum money allowed daily from ATMs, fun times at Mohegan Sun, all totally caught and verified by police. They brought him in for questioning and told me... View More

Lissa McKinney
Lissa McKinney
answered on Dec 9, 2023

You might want to have a lawyer involved to effectively press the Mashpee Police Department and secure some justice here. Otherwise, please obtain a copy of the police report you filed and go to the local District Court for jurisdiction of Mashpee, Falmouth District Court. There you will go to the... View More

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1 Answer | Asked in Military Law for Oklahoma on
Q: If retired, where on the DD214 does it say you are retired?

How else does it show retirement?

James L. Arrasmith
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answered on Nov 27, 2023

On the DD 214 form, the retirement status of a service member is typically indicated in the "Character of Service" section and in the "Narrative Reason for Separation" section. These areas of the form will clearly state if the separation was due to retirement. Additionally, the... View More

1 Answer | Asked in Military Law for Oklahoma on
Q: How do I prove that I am retired by my DD 214
James L. Arrasmith
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answered on Nov 27, 2023

To prove that you are retired military, your DD 214 form is a key document. The DD 214, also known as the Certificate of Release or Discharge from Active Duty, is issued upon a military service member's retirement, separation, or discharge from active duty. This form contains information about... View More

1 Answer | Asked in Criminal Law, Civil Rights and Military Law for Maryland on
Q: What are the rules about having a lawful peaceful protest
James L. Arrasmith
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answered on Nov 12, 2023

In the United States, the right to peaceful protest is protected under the First Amendment.

However, this right is subject to certain restrictions to ensure public safety and order. Local laws may require permits for large gatherings or the use of public spaces like streets or parks....
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2 Answers | Asked in Military Law for Texas on
Q: I went awol from the ARMY in 2010 and never went back. Just today I went back to fort hood

Just today I went back to fort hood to surrender. The MPs look through the system and then told me I was dropped from rolls and leave the base because my unit don’t want me and I am not allowed on base. What does this mean and how do I get my DD214 so I know my discharge status. Also what do I... View More

James L. Arrasmith
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answered on Nov 12, 2023

In Texas, being dropped from the rolls typically means the military has administratively discharged you due to your AWOL status. To obtain your DD214, which will state your discharge status, you should contact the National Personnel Records Center (NPRC) or use the eVetRecs system online.... View More

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1 Answer | Asked in Family Law, Military Law and Probate for Alaska on
Q: I wasn't told until about a year ago that my dad passed away. Am I still entitled because I was not informed

It was held information from me about my Dad's passing. And I've been going through a lot of stress lately and haven't been able to deal with it and I have TBI so it's hard to deal with anyway. What can I do about this I don't have the money for a lawyer who do I contact... View More

James L. Arrasmith
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answered on Nov 7, 2023

If you were not informed of your father's passing, you might still be entitled to a portion of his estate or benefits, especially as an only child. Your first step should be to obtain a copy of the death certificate and any will or estate documents. Contact the probate court in the area where... View More

1 Answer | Asked in Military Law for Colorado on
Q: We discovered my FIL’s cremains were unclaimed, my FIL was a veteran. Husband would like to claim his ashes.

Can we get his remains without paying thousands of dollars? The funeral home put his cremains in an underground vault with about 50 others. My husband and his little brother were 13y and 10y when their dad died and never knew what happened to his ashes. Their father was divorced from their mother.... View More

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answered on Nov 7, 2023

As the next of kin, your husband has the right to claim his father's cremains. You should not have to pay thousands of dollars to claim them, especially if the cremation was already paid for. Contact the funeral home to request the release of the cremains; they may require proof of... View More

1 Answer | Asked in Public Benefits, Employment Law, Gov & Administrative Law and Military Law for Virginia on
Q: IDT paid time off? Federal orders annual training paid time off?

Hello, I am a county employee under the Commonwealth of Virginia?

I am also in the Virginia Army National Guard.

My question pertains to inactive duty training (weekend drills). Can an employer not let you accrue leave? and do they have to pay you?

or does that only apply... View More

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answered on Oct 26, 2023

Under the Uniformed Services Employment and Reemployment Rights Act (USERRA), employers, including those in the Commonwealth of Virginia, are prohibited from discriminating against or penalizing employees due to their military service obligations. This protection includes your weekend drills or... View More

1 Answer | Asked in Government Contracts and Military Law for Texas on
Q: is relative affiliated with a foreign government, military.."

I'm filling a government background check form and there is a question "is this relative affiliated with a foreign government, military, security, defense industry? YES or NO".

My father retired from a foreign military 14 years ago. Should I select YES even though he has no connection anymore?

James L. Arrasmith
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answered on Oct 26, 2023

When filling out a government background check form, accuracy and transparency are vital. Even if your father has been retired for several years, he was at one point affiliated with a foreign military. In the interest of full disclosure and to avoid any potential misunderstandings or complications... View More

1 Answer | Asked in Employment Law, Health Care Law and Military Law for Maine on
Q: How long does OIG & states (Maine) have to put someone on MaineCare/Medicaid exclusion list AFTER RN license Recovation

How long does the federal government (OIG) and individual states have to place someone on the Medicaid/Medicare exclusion list due to their professional RN license being revoked? In other words, how long AFTER the the date the person’s license is revoked do the Feds/State have to place this... View More

James L. Arrasmith
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answered on Oct 18, 2023

The Office of Inspector General (OIG) is tasked with maintaining the List of Excluded Individuals/Entities (LEIE) under which individuals and entities are excluded from participating in federally funded healthcare programs, including Medicare and Medicaid.

When an RN has their license...
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1 Answer | Asked in Child Custody, Child Support, Divorce, Family Law and Military Law for California on
Q: Seeking divorce lawyer with knowledge on the military & CA law, kids involved.

He said it…but doesn’t want it…I’m just lost it was unexpected, I need to protect myself & kids should he follow through, my kids come first. It’s my first one, he’s an expert in divorces. So I need guidance

James L. Arrasmith
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answered on Oct 16, 2023

I'm sorry to hear about your situation. When seeking a divorce involving military personnel in California, there are specific legal nuances to consider, especially with respect to benefits, pensions, and jurisdiction. It's important to find an attorney experienced in both California... View More

2 Answers | Asked in Military Law for Georgia on
Q: Military Veterans having problems getting on Military Installations for services

Does anyone have experience helping veterans respond to issues getting on post for, administrative, general and medical services? A new police came out that require waiver for people that had past legal issues. /// "In accordance with Homeland Security Presidential Directive (HSPD) 12,... View More

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answered on Oct 15, 2023

Navigating military directives and policies can be intricate. Homeland Security Presidential Directive (HSPD) 12 and the associated Army directives you mentioned establish policy for a common identification standard for federal employees and contractors, impacting access to military installations.... View More

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2 Answers | Asked in Military Law for Oregon on
Q: If I'm active duty and my Missouri drivers license expired during training am I still able to drive despite this.

If so do I need a document if I get pulled over.

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answered on Sep 24, 2023

Many states, including Missouri, provide extensions for active duty military members whose driver's licenses expire while they are out of state for military service. You should carry a copy of your orders showing that you're on active duty and away from your home state for military... View More

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2 Answers | Asked in Military Law for Oregon on
Q: If I'm active duty and my Missouri drivers license expired during training am I still able to drive despite this.

If so do I need a document if I get pulled over.

T. Augustus Claus
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answered on Sep 21, 2023

In many U.S. states, active duty military personnel are given some leeway when it comes to the expiration of their driver's licenses while they are deployed or in training. Missouri is one of those states that offers this extension. According to Missouri law, if you are an active duty member... View More

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2 Answers | Asked in Civil Litigation and Military Law for Washington on
Q: How do I get my law firm access to my dd14 when the firm and I are in different states?
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answered on Sep 24, 2023

To provide your law firm with access to your DD Form 214 (often referred to as a DD214), which is the Certificate of Release or Discharge from Active Duty, you can either mail them a physical copy or, if you're comfortable, scan and email a digital version. If you don't have a copy, you... View More

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