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 »
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 »
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 »
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?
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 »
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 »
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 »
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
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 »
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 »
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?
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
My dcounceling also says I will not receive any benefits. I was wondering if I my command team could do me like this if I have not gotten in any trouble during my 7 months in the military. The only thing I could think of for why they would be trying to give me this discharge would be because I had... Read more »
Your question is a bit confusing. If you fail to disclose a preexisting medical condition that you knew about, that would be fraudulent enlistment (misconduct). If you did not know about the medical condition but it was discovered soon after your enlistment and existed prior to your enlistment...Read more »
When we got married, it was in Las Vegas, NV. I don't want to stay in NC after I'm out of the military. How do I go about making sure I don't get stuck down here? Is there a way that I am able to get custody of my son and have it so that I can move back to Kansas when I'm out of the military?
Your lawyer can still make the claim. The soldiers sailors relief act doesn't mean you don't have a claim. Use the time to adequately document your injuries. The insurance company doesn't want to keep it open forever--they will settle.
I got married in january seperated in early february and i moved out, my husband(legally) and i are not affiliated with the military at all. I am dating a single military man with a rank of E4. He wants to have kids but i do not want him to get in trouble. Would becoming legally seperated help or... Read more »
From then on you are committed to protect and defend THE CONSTITUTION of the US, not the flag, not the country, not the President, but the founding document upon which the American form of democracy is based upon.
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.