Get free answers to your Military Law legal questions from lawyers in your area.
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, (... View More 
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.
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)... View More
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... View More
By what I was told "Proper Law" he has retired 10yrs ago! DFAS states they can't release my payment.
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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... View 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... View More
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... View 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... View More
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.
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.... View More
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... View More
No preexisting relationship. Zero Possibility of being in the same command. Could this be prosecuted or punished as Fraternization?
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.
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... View More
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... View 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?
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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.
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
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.
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... View More
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.
What constitues the 'trigger' which brings that Oath to bear?
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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.
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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... View More
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