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North Carolina Military Law Questions & Answers
1 Answer | Asked in Military Law for North Carolina on
Q: I want to back out of the National Guard what are my options?

I recently enlisted in the National Guard, I haven't been to basic training yet. I've thought about this a lot and I just realized It's truly wrong for me, I jumped into it while simply excited (I'm 17). Is there a way out without legal repercussions?

Philip D. Cave
Philip D. Cave answered on Feb 22, 2022

It may be possible to void your contract. There is a procedure to do that.

I usually recommend you visit this website for more precise advice on how best to do that.

1 Answer | Asked in Family Law, Adoption, Child Custody and Military Law for North Carolina on
Q: Can I? And how fast can I adopt my younger brother?

I am in the military, and I want to adop my 15 year old brother. He lives with my stepfather and my mother lives in mexIco. I’m stationed in NC and my brother lives in California. How can I adopt him so I could bring him to live with me.

Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on Jun 19, 2021

The adoption process is a state law issue and if he currently lives in California then you will need to speak with a family law attorney there. Adoption may not even be necessary, depending on the purpose of the adoption. You may able to just have a custody order. You should also research what... Read more »

1 Answer | Asked in Military Law for North Carolina on
Q: I have a question regarding Tennessee national guard

How the state handles issue with the national guard.

Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on Jun 10, 2021

Unfortunately your question is not clear. What issues do you want to know how the state handles? You mentioned the TN National Guard but it appears you live in NC. Which state are you referring to?

1 Answer | Asked in Military Law for North Carolina on
Q: Can you presume that a 5-17 discharge for a medical reason would also trigger VA disability rating?

Being discharged for "adjustment disorder" and concerned that although its honorable, they will not document it properly and I'll not be entitled to treatment if I need it, or any other VA benefits, like GI Bill or a disability rating. Should I hire an attorney to make sure that... Read more »

Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on Mar 29, 2021

An attorney cannot assist you with your discharge paperwork. If your discharge is ultimately honorable (not all 5-17 discharges are honorable) then your should be taken through the process of getting a VA claim started.

You should make sure that any medical conditions are noted on your...
Read more »

1 Answer | Asked in Child Custody, Child Support, Divorce and Military Law for North Carolina on
Q: 100% disabled veteran. Him and wife divorce. They have 1 kid and a house. Is she entitled to his disability if divorce.

He had been getting 100% military disability before they married.

Paul Ylvisaker
Paul Ylvisaker answered on Jan 4, 2021

No. By federal law is not divisible or an asset of the marriage to be divided. However, the income can be used in calculating child support in most states.

1 Answer | Asked in Employment Law and Military Law for North Carolina on
Q: Am I protected under USERRA?

I am prior service. I met with a national guard recruiter 2 weeks ago and was informed I need to go to meps to swear in. I gave my boss verbal and written notice for both Monday and Tuesday that day and again that following Monday. I worked half a day on Tuesday and went to meps and came back to... Read more »

Ben Corcoran
Ben Corcoran answered on Oct 8, 2020

It is my understanding that you are not protected by USERRA for your trip to MEPS. Unfortunately, you are only protected for the time you are actually serving. I would look at this as a good thing, your employer was probably going to be very difficult once it came time to fulfill your guard... Read more »

1 Answer | Asked in Military Law for North Carolina on
Q: I have received medical board findings. I was found unfit and can the military hold me for AdminSep?

I went through the PEB and got my findings. They found me unfit and got medical retirement from the military. I have an EAS Date 45 days from now. My unit is pursing an AdminSep for pattern of misconduct. The characterization is General Under Honorable. Can the military hold me past my new EAS... Read more »

R. Davis Younts
R. Davis Younts answered on May 17, 2020

There may be some specific nuances in your case but as a general rule you cannot be held past an EAS date solely for the purpose of admin sep proceedings. The issue with your case is that if the start the misconduct based separation process fast enough then your case will be... Read more »

1 Answer | Asked in Military Law for North Carolina on
Q: Will I get my GI bill if I'll get separated for a mental condition?

I enlisted in the army, infantry, just over a year ago. Got deployed, came back. During a period of depression I went to behavioral health and was diagnosed with a bipolar disorder. I didn't behave in any misconduct, I fullfilled my duties so far, but I dont know how to take it anymore. If I... Read more »

Sabra M. Janko
Sabra M. Janko answered on May 6, 2020

I am sorry to hear about your situation. As for discharge, if your discharge is honorable that will not prevent you from receiving GI benefits if you are eligible based on length of time of service.

2 Answers | Asked in Family Law, Child Custody and Military Law for North Carolina on
Q: How would My civilian wife be considered to be the best interest of the children when she doesn't work

She doesn't have a place to live, she smokes weed, and had another man in our home while the kids were there. She calls me names in front of the kids and yells at them all of time. I am trying to get custody and the grandmother said she would drive here to take care of them is that an option?

Adam Bull
Adam Bull answered on Nov 25, 2019

These are all issues and facts if proven are factors for the Court to consider in the best interest of the children. A parent not working is not a big factor as it is hard to relate to how that would effect the children, and in fact may be a positive for mom if it provides her more time to be... Read more »

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2 Answers | Asked in Child Custody, Divorce, Family Law and Military Law for North Carolina on
Q: What state has custody jurisdiction if the mother moved the child to NY and father who is active military lives in NC?

We all lived in NC together... Wife/Mother of our child had an affair, openly admitted to it. She is pursing a relationship with the person she had an affair with, making arrangements to live together etc...

My wife moved our daughter out of state to NY and is not allowing me to see her.... Read more »

Adam Bull
Adam Bull answered on Nov 5, 2019

There are specific rules on this. You need to file suit in NC immediately and based on what you represented you should have grounds for emergency custody. The uniform child custody jurisdiction act controls in this situation and as long as she has not been gone for more than 6 months, the Court... Read more »

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1 Answer | Asked in Military Law for North Carolina on
Q: Are there any lawyers available to that deal with military law

I'm a overseas contractor and my unit is forcing me to quit my current job.

Tim Akpinar
Tim Akpinar answered on Oct 3, 2019

You could search for lawyers on this site under that category. You could conduct your own independent search, or you could check with the North Carolina Bar Association whether they have lawyer referral resources in that area. Good luck

Tim Akpinar

Q: Is our court actually considered a tribunal as in Admiralty law. The judge, DA and the prosecutor?

As a sovereign we have the jurisdiction over the land of the United States of America. What is the difference between a STRAWMAN and a Human Being.

Tim Akpinar
Tim Akpinar answered on Feb 16, 2019

People use the terms loosely, but U.S. Constitution grants U.S. Courts authority to hear admiralty cases in Section 2 of Article III. In terms of maritime prosecutions, it is common for them to sometimes be handled jointly between the U.S. Department of Justice and U.S. Coast Guard, depending on... Read more »

1 Answer | Asked in Contracts and Military Law for North Carolina on
Q: us army and told my sergeant I'm getting out of the army through pt failure, can I get dishonorable discharge for this?
Angelina Bradley
Angelina Bradley answered on Aug 1, 2018

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... Read more »

1 Answer | Asked in Military Law for North Carolina on
Q: My son went AWOL in 1/15 from Fort Bragg Military base.He was just arrested on 2/18, for damage to private property

He is being held at the Harnett co. jail. They have a hold on him for extradition to Kentucky. Why is he going to Kentucky? Also what ever time he does waiting to be picked up, will it count as credit for time served if he ends up doing jail time there?

Patrick Korody
Patrick Korody answered on Mar 18, 2018

He will be picked up my the military and taken back to his current unit, which may not be the unit he went AWOL from. He will get credit for the days in confinement starting when a detainer was placed on him for the military - meaning from the day he would have been released but for the military... Read more »

1 Answer | Asked in Federal Crimes, Gov & Administrative Law and Military Law for North Carolina on
Q: My pov was taken as well as the key, and was dammaged 500+ in damages, pictures of mistreatment. Can he take it?

My gunny took my “POV” ( motorcycle) and had it sitting out for months and through the weather, it’s faded the fairings, rusted sprockets , rusted chain, rusted kickstand, battery is busted, front tire flat, was vandalized ( brake lever broken off, and clutch lever broken and bent, (... Read more »

Patrick Korody
Patrick Korody answered on Mar 1, 2018

You can file a claim under the UCMJ or under federal law. Go see the base legal assistance/claims office. You can also file an 1150 complaint against the gunny.

1 Answer | Asked in Contracts, Banking and Military Law for North Carolina on
Q: Drive Time and SCRA

My wife purchased a vehicle from Drive Time before I entered the military (active duty) and her intrest rate is extremly high. 25% or so. Back then she had a job where she could afford it, but now om the only one with an imcome. I reclently found out about SCRA (service member civil relief act)... Read more »

Robert Donald Gifford II
Robert Donald Gifford II answered on Feb 4, 2018

You need to put it in writing. Here is some suggested language:

Dear Sir or Ma’am:

Pursuant to the Servicemembers’ Civil Relief Act (“SCRA”) 50 U.S.C. App. Section 527,

this letter is my formal written request to reduce the rate of interest to six percent (6.0%) for...
Read more »

1 Answer | Asked in Family Law and Military Law for North Carolina on
Q: I got my divorce in NC. The decree stats I'm intitled to a portion of his retirement. The formulation wasn't added

By what I was told "Proper Law" he has retired 10yrs ago! DFAS states they can't release my payment.

Amanda Bowden Johnson
Amanda Bowden Johnson answered on Oct 25, 2017

You likely need a QDRO. Go see a local family law attorney and keep your fingers crossed that you aren't completely screwed. If you did your own divorce or relied on your spouses attorney to prepare the divorce - this would be a prime example of why that is an exceedingly bad idea. If you... Read more »

1 Answer | Asked in Military Law for North Carolina on
Q: Pending Admin Sep, EAS in 9 days. Need Advice on what to do.

I am currently pending administrative seperation for Pattern of Misconduct. I am 9 days away from my EAS. If I make it to next Friday(my actual EAS) with no word on a 10 day letter should I just get my DD-214 and leave or could that cause more issues? What could my command legally do to hold me... Read more »

Patrick Korody
Patrick Korody answered on Aug 23, 2017

Yes - you cannot be involuntarily administratively separated after your EAOS absent a voluntary extension or agreement (like a separation in lieu of trial by court-martial). If you are not discharged at your EAOS, then you need a lawyer. if you were smart, you would have requested GCMCA review of... Read more »

1 Answer | Asked in Military Law for North Carolina on
Q: Can a soldier get medically discharged for an irregular heartbeat that sometimes interferes with PT?

My fiancé went to basic at Fort Benning and the Airborne at Fort Bragg where he is stationed now. He has an irregular heartbeat (his mom has the same condition that caused her to have a heart attack at a young age, around 45) that sometimes interferes with PT. Can he get medically discharged (or... Read more »

Robert Donald Gifford II
Robert Donald Gifford II answered on Jul 27, 2017

He can, but it will take a doctor's work up on it. He may be given a waiver, but if the heart condition is dangerous and makes him non-deployable he will likely be discharged.

1 Answer | Asked in Military Law for North Carolina on
Q: I was tried by summary court martial and received a discharge of other than honorable conditions.

I received a supplementary court-martial order in which the findings and the sentence is disapproved. it says that all my rights and privileges lost are restored as a result of the sentence. what does this mean? The supplementary court martial order was signed after my summary court martial.... Read more »

Patrick Korody
Patrick Korody answered on Jul 1, 2017

I don't have enough information to answer your question, but generally administrative separation (which resulted in your OTH) is considered a separate process from a court-martial. However, if the court-martial was disapproved because of a lack of evidence, for example, that could impact the... Read more »

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