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Missouri Military Law Questions & Answers

1 Answer | Asked in Military Law for Missouri on

Q: How likely is it to upgrade my military discharge from General Under Honorable to Honorable?

I have documentation proving I was recommended for an Honorable. I was discharged for a condition not a disability. How would I get the narrative reason of separation changed also?

Patrick Korody answered on Mar 1, 2018

Generally speaking, if a discharge review board grants an upgrade based on a separation processing issue, they will change the narrative as well. If the narrative reason was correct, then they won't change the reason. You have the burden to demonstrate the characterization were unjust or... Read more »

1 Answer | Asked in Family Law, Adoption and Military Law for Missouri on

Q: My girlfriend is currently looking to get custody of her sister from her abusive mother, I'm doing research for her.

Currently my girlfriend is away at basic training for the army reserves. Once she gets back she is lookking to get custody of her sister from her abusive mother. I'm looking for where I need to start looking to do the research required so that when she returns she can start this process. I've also... Read more »

Lydia Seifner answered on Feb 27, 2018

Your girlfriend will want to talk to an attorney local to her and her sister about seeking a child guardianship.

1 Answer | Asked in Military Law for Missouri on

Q: With a chapter 5-17, is someone eligible for 100% GI Bill or only after VA claims prove service connected disability?

My wife is currently being separated under a chapter 5-17 due to a really bad break in her femoral neck. She went on con leave and was told she was getting a chapter 5-17 when she returned. She was never offered a MEB, however with such an injury, is that common? What benefits will she be eligible... Read more »

Robert Donald Gifford II answered on Jan 26, 2018

The VA will establish the percentage of disability. There is an appeals process should you disagree with it.

1 Answer | Asked in Insurance Bad Faith, Criminal Law and Military Law for Missouri on

Q: Bad Background check.

I was arrested for sexual assault while in the army (December 2014) and was proven innocent to the charges but it still comes up that I was arrested for it in a background check and I cant purchase a firearm because of it and I feel like I've lost a few Pharmacy technician opportunities what should... Read more »

Patrick Korody answered on Sep 28, 2017

The problem is that CID entered your arrest/subject in the investigation (called "titling") in DCII and NCIC, databases that track arrests. Your DNA was also put in CODIS. Getting your DNA taken out of CODIS is pretty easy. Getting your arrest out of DCII and NCIC is going to be difficult, but... Read more »

1 Answer | Asked in Employment Law, Military Law and Traffic Tickets for Missouri on

Q: Speeding ticket amended to "no muffler", job website asks if I've been cited for a moving violation, what do I answer?

A few months ago I was ticketed for speeding. I got a lawyer to go to court and she got it changed to what the receipt says, "no muffler". I'm filling out my profile for a job website and it asks if I have been cited for a moving traffic violation in the past 5 years. Do I say yes or no? I was... Read more »

Richard C Simons answered on Jan 20, 2016

This is new to me to see the word "cited" instead of "convicted." Since the word, "cited" is what is used, you have been cited with a speeding ticket. You received a citation from the officer but were not convicted by the court. The big deal is if you lie in this situation. Better to just tell... Read more »

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