North Carolina Military Law Questions & Answers

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

1 Answer | Asked in Admiralty / Maritime, Constitutional Law, Gov & Administrative Law and Military Law for North Carolina on
Answered on Feb 16, 2019
Timur Akpinar's answer
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 the nature of the crime.

Tim Akpinar

Q: us army and told my sergeant I'm getting out of the army through pt failure, can I get dishonorable discharge for this?

1 Answer | Asked in Contracts and Military Law for North Carolina on
Answered on Aug 1, 2018
Angelina Bradley's answer
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 GEN does not.

Once you are notified of your separation, you should contact either your local Trial Defense Services Office or contact a Military Law attorney (like myself) who can advise you...

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

1 Answer | Asked in Military Law for North Carolina on
Answered on Mar 18, 2018
Patrick Korody's answer
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 warrant.

Q: My pov was taken as well as the key, and was dammaged 500+ in damages, pictures of mistreatment. Can he take it?

1 Answer | Asked in Federal Crimes, Gov & Administrative Law and Military Law for North Carolina on
Answered on Mar 1, 2018
Patrick Korody's answer
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.

Q: Drive Time and SCRA

1 Answer | Asked in Contracts, Banking and Military Law for North Carolina on
Answered on Feb 4, 2018
Robert Donald Gifford II's answer
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 the

above referenced account.

I am currently serving on active duty with the Branch of Armed Forces. I entered active

duty on Date, which was after after the time I incurred...

Q: I got my divorce in NC. The decree stats I'm intitled to a portion of his retirement. The formulation wasn't added

1 Answer | Asked in Family Law and Military Law for North Carolina on
Answered on Oct 25, 2017
Amanda Bowden Houser's answer
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 attorney during your divorce - go see that attorney if possible. Best of luck.

Q: Pending Admin Sep, EAS in 9 days. Need Advice on what to do.

1 Answer | Asked in Military Law for North Carolina on
Answered on Aug 23, 2017
Patrick Korody's answer
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 your adsep to slow down the process. The could always prefer charges for court-martial and place you on legal hold.

Also, though there are requirements for separation, the 10 day letter is a...

Q: Can a soldier get medically discharged for an irregular heartbeat that sometimes interferes with PT?

1 Answer | Asked in Military Law for North Carolina on
Answered on Jul 27, 2017
Robert Donald Gifford II's answer
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.

Q: I was tried by summary court martial and received a discharge of other than honorable conditions.

1 Answer | Asked in Military Law for North Carolina on
Answered on Jul 1, 2017
Patrick Korody's answer
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 equity of the administrative separation for purposes of upgrading your discharge. Given that your upgrade basis may be more than the typical "I am really a good guy and this discharge is hurting me" you...

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

1 Answer | Asked in Gov & Administrative Law and Military Law for North Carolina on
Answered on Jun 28, 2017
Patrick Korody's answer
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.

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

1 Answer | Asked in Military Law for North Carolina on
Answered on Mar 16, 2017
Patrick Korody's answer
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 you should receive a Honorable. If you fraudulently enlisted, a General discharge would likely be warranted.

You need to discuss your specific situation with a military law attorney or JAG...

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

1 Answer | Asked in Divorce, Family Law, Child Custody and Military Law for North Carolina on
Answered on Nov 8, 2016
Amanda Bowden Houser's answer
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.

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

1 Answer | Asked in Car Accidents and Military Law for North Carolina on
Answered on Jul 16, 2016
Peter Munsing's answer
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.

Q: Single soilder and legally married woman civillian?

1 Answer | Asked in Military Law for North Carolina on
Answered on Oct 29, 2015
Melissa Averett's answer
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.

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

1 Answer | Asked in Military Law for North Carolina on
Answered on Apr 7, 2015
Philip D. Cave's answer
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.

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

1 Answer | Asked in Military Law for North Carolina on
Answered on Apr 2, 2015
Philip D. Cave's answer
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 advertizing, using government time, and selling to Soldiers.

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