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Pennsylvania Military Law Questions & Answers

1 Answer | Asked in Contracts, Products Liability, Business Law and Military Law for Pennsylvania on

Q: Can I use my military ID/base access as a job recruiter or does this violate any laws regarding financial gain?

I am an Army officer, federal subcontractor and private business owner. Interested in attending school graduations at a base with the intent of hiring.

Peter N. Munsing answered on Feb 4, 2019

Better check in with JAG corps on this--sounds like potential multiple violations. You should know that access is for the specific purpose only. Can you hand out cards, or other items? Not sure of that but if someone is looking to burn you you're giving them a match it seems to me.

1 Answer | Asked in Military Law for Pennsylvania on

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

M

Angelina Bradley answered on Sep 29, 2018

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...
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1 Answer | Asked in Military Law for Pennsylvania on

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

Having a hard time dealing with my miscarriage. I have been in for two years and have been talking to a psychiatrist.

Angelina Bradley answered on Jul 10, 2018

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,... Read more »

1 Answer | Asked in Criminal Law, Federal Crimes and Military Law for Pennsylvania on

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

I had a TSSCI Still. I just saw through Pennsylvania State police that there is a record of that or a form of it. Will this effect my investigation for a clearance now?

Peter N. Munsing answered on Jun 24, 2018

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.

1 Answer | Asked in Family Law, Military Law and Child Support for Pennsylvania on

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

My cost of living is considerably higher than where my ex lives. I am required to live in a more expensive area due to my military service (proximity to base). PA calculates my non-taxable income (Basic Allowance for Housing and Basic Allowance for Subsistence. Which are given tax free so a service... Read more »

Kathryn Hilbush answered on Jun 12, 2018

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... Read more »

1 Answer | Asked in Military Law for Pennsylvania on

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

Robert Donald Gifford II answered on Feb 4, 2018

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.

1 Answer | Asked in Military Law for Pennsylvania on

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

I put in my packet that I will forgo my hearing if I get a general discharge

Robert Donald Gifford II answered on May 20, 2017

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... Read more »

1 Answer | Asked in Child Support, Divorce and Military Law for Pennsylvania on

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

And married for ten yrs

Robert Donald Gifford II answered on Apr 3, 2017

If he is incarcerated with the military, you have likely lost any pay and benefits.

1 Answer | Asked in Employment Law and Military Law for Pennsylvania on

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

My employer says I can use my vacation days. But in the employee hand book it says "Employees who are absent from work in order to attend an annual encampment in a recognized reserve branch of the armed forces of the United states will receive a paid leave of absence of up to a maximum of two... Read more »

Terrence H Thorgaard answered on Nov 3, 2015

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... Read more »

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