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North Carolina Military Law Questions & Answers

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 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 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 GIBill, a... 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 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 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 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 Houser 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 had an... 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 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 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. I'm... Read more »

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 »

1 Answer | Asked in Gov & Administrative Law and Military Law for North Carolina on

Q: I was wondering if an Enlisted Marine could date an officer of another branch (Army).

No preexisting relationship. Zero Possibility of being in the same command. Could this be prosecuted or punished as Fraternization?

Patrick Korody answered on Jun 28, 2017

Zero chance of it being legal (for either of you) - sorry! This would violate various regulations and the UCMJ. Unduly familiar relationship b/n officers and enlisted is prohibited, no exceptions.

1 Answer | Asked in Military Law for North Carolina on

Q: I am getting a chapter 5-17 which warrants either a honerable or general discharge. I am receiving a general discharge.

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 »

Patrick Korody answered on Mar 16, 2017

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 »

1 Answer | Asked in Divorce, Family Law, Child Custody and Military Law for North Carolina on

Q: I am stationed in North Carolina and I'm from Kansas, my husband is from Texas, we have one child together.

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?

Amanda Bowden Houser answered on Nov 8, 2016

If you can not work out a custody agreement with your spouse you will have to file a custody action where the child has resided for the last 6 months.

1 Answer | Asked in Car Accidents and Military Law for North Carolina on

Q: If on active duty can you be served for a civil law suit in nc

I was hit in feb. Of last year in the rear of a guy who fell asleep and can not get a settlement because he is on active duty

Peter N. Munsing answered on Jul 16, 2016

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.

1 Answer | Asked in Military Law for North Carolina on

Q: Single soilder and legally married woman civillian?

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 »

Melissa Averett answered on Oct 29, 2015

Until you are divorced, your husband is the legal father of any children you have, even if your boyfriend is the biological parent. Don't have children until you are divorced from your husband.

1 Answer | Asked in Military Law for North Carolina on

Q: Each member of the Military swear an indivdual oath to "Protect and Defend the Constitution against all enemies, foreign

What constitues the 'trigger' which brings that Oath to bear?

Philip D. Cave answered on Apr 7, 2015

The taking of the oath.

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.

1 Answer | Asked in Military Law for North Carolina on

Q: If a soldier owns a business, are they required to report that they own the buisness to their commander?

Philip D. Cave answered on Apr 2, 2015

Each Service has their own regulation regarding "off duty employment."

Check your unit admin for the regulation on "moonlighting" or "off duty employment."

Generally it can't interfere with military duties.

There are also some potential ethics regulation issues about...
Read more »

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