Pennsylvania Military Law Questions & Answers

Q: I took leave and was suppose to go to Texas, I went to California.My OIC gave me a slap on the wrist.

1 Answer | Asked in Military Law for Pennsylvania on
Answered on Sep 29, 2018
Angelina Bradley's answer
Probably. The statute of limitations for false official statement and unauthorized absence are both longer than 2 months.

You should talk to your local Area Defense Counsel or Defense Service Office for advice. You can also reach out to a civilian military counsel like me for a consultation.

Good luck.

Q: Can I be discharged from the navy for depression?

1 Answer | Asked in Military Law for Pennsylvania on
Answered on Jul 10, 2018
Angelina Bradley's answer
Yes. if you remain on LIMDU for more than three periods, you will be referred to the Physical Evaluation Board. The board will determine if your ability to perform your duties has been significantly impacted by your depression. If so, you'll be rated by the VA. If your rating is 30% or above, you'll be medically retired from the Navy. If less than 30%, you'll be medically separated.

The Navy provides free IPEB attorneys for you to ask questions of, located at all major military...

Q: 2012 charged with assault consummate by battery, but it never went through any criminal proceedings. Honorable discharg

1 Answer | Asked in Criminal Law, Federal Crimes and Military Law for Pennsylvania on
Answered on Jun 24, 2018
Peter Munsing's answer
Depends on the agency but usually that will attract at least extra scrutiny of your entire record. You may want to look at having that expunged.

Q: I am active duty military and am stationed in another state.

1 Answer | Asked in Family Law, Military Law and Child Support for Pennsylvania on
Answered on Jun 12, 2018
Kathryn Hilbush's answer
Generally speaking, none of the states consider cost of living or living standards when determining child support. Most states have rules for calculating support orders which involve consideration of income only, not living expenses. You may want to consult by telephone with an attorney in the county where your support order was entered to see if there are any options open for you.

Q: Can you get introuble for prescribed marijuana? In the army

1 Answer | Asked in Military Law for Pennsylvania on
Answered on Feb 4, 2018
Robert Donald Gifford II's answer
Yes. Marijuana possession is still a violation of federal law (and the UCMJ). Marijuana use (as discovered by drug testing) is a crime in of itself under the Uniform Code of Military Justice.

Q: I need to know how long it takes to be separated from the national guard in PA if I popped hot for hydrocodone

1 Answer | Asked in Military Law for Pennsylvania on
Answered on May 20, 2017
Robert Donald Gifford II's answer
You will be given notification of separation, and depending on how many years of service you have and the characterization of the discharge they are seeking (General, OTH...), you will have an opportunity to contest it at an Admin Board or waive the board and be processed out. With the Guard, I would guess anywhere from 60-120 days.

Q: What are my benefits as a spouse of my husband of the military army branch incarcerated for many years with a child

1 Answer | Asked in Child Support, Divorce and Military Law for Pennsylvania on
Answered on Apr 3, 2017
Robert Donald Gifford II's answer
If he is incarcerated with the military, you have likely lost any pay and benefits.

Q: Leaving for Bootcamp soon, does my employer have to pay me?

1 Answer | Asked in Employment Law and Military Law for Pennsylvania on
Answered on Nov 3, 2015
Terrence H Thorgaard's answer
Your "vacation days" would be unpaid? The first sentence you quoted doesn't apply, because you normally are not in the reserves until you have undergone basic training. I don't believe the second sentence helps either, because as far as I know, there are no "requirements of law" providing that an employer must give you leave when you enlist.

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