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Washington Military Law Questions & Answers

1 Answer | Asked in Criminal Law and Military Law for Washington on

Q: I am researching a double murder case from 1992 involving a US Army member shooting and killing 2

Other US Army members. I can not find any information on it, why?

Greg Freeze answered on Mar 1, 2019

If you are trying to research something somewhat vague, it can be difficult to find it. If you knew who and where, that would certainly help.

You didn't say how you were researching.

Here is an interesting website that might help you in some way. cite: www.jagcnet.army.mil/ACCA#...
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1 Answer | Asked in Military Law for Washington on

Q: Can a reservist be held accountable for having an affair according to the UCMJ?

Peter N. Munsing answered on Sep 12, 2018

With other personnel, on base, possibly. Off base, privately, unlikely. With a civillian, no. Get a confidential consult from a JAG attorney through the legal assistance plan.

1 Answer | Asked in Military Law for Washington on

Q: Can I leave my current apartment lease with official orders to ship to Naval RTC?

I leave the 10th of this month and have been told that i shouldn't be held in my lease for any longer after i ship but my property manger states different. He say that i am still stuck into my contract until june or later and i dont understand who is correct.

Robert Donald Gifford II answered on May 7, 2018

You need to put it writing to your landlord and request to terminate the lease, and include a copy of your orders. If you think there is going to be a legal fight, send it certified mail and keep a copy. If you have an email address or fax number, I'd be that thorough. The earliest termination... Read more »

1 Answer | Asked in Military Law for Washington on

Q: Can i sue the va for giving me all male providers when i have documented Military sexual trauma? Im a female veteran.

Im a disabled female veteran with documented Military sexual trauma from being raped in iraq by our own soldiers... The VA knew about my sexual trauma and still only provided me with all male providers. Just going to an appointment is a trigger for me and ends up being very traumatic, especially... Read more »

Robert Donald Gifford II answered on Jan 26, 2018

You likely do not have grounds for a lawsuit unless you could establish it was done intentional to cause you emotional pain. Your better route is to make a complaint within the VA, to the VA OIG, or through a congressional inquiry/complaint.

1 Answer | Asked in Criminal Law, Federal Crimes, Landlord - Tenant and Military Law for Washington on

Q: What is the charge if you know someone is subletting in base housing?

The person in question is active duty in base housing but subletting to another service member and has not reported it.

Patrick Korody answered on Feb 13, 2017

There may not be a charge at all, depending on the circumstances. It's probably privatized housing based on a lease. Violating a lease is not normally a criminal offense, even in the military.

1 Answer | Asked in Military Law for Washington on

Q: My sons wife continues to bring Marijuana on base to their home even after being told by him not to.

I have advised him to report it to the JAG since he fears that she will be caught and he will be held responsible. he says he cant report it because he would still beheld responsible. He has gone as far asking her to leave which she refuses as well and says if he tries to force it she will claim... Read more »

Patrick Korody answered on Feb 6, 2017

You son should go see the defense counsel JAGs at the Defense Service Office, Naval Base Bremerton.

1 Answer | Asked in Divorce, Gov & Administrative Law and Military Law for Washington on

Q: I'm in the Army and just got a divorce. When am I allowed to get married again? Is there a military law covering this?

I have heard a rumor about waiting three months and wondered if it was true.

Patrick Korody answered on Feb 3, 2017

No wait time. You can get married immediately. You just have to make sure your personnel folks are kept in the loop about the divorce and remarriage. Problems arise if the military thinks you are married to two people at the same time.

2 Answers | Asked in Military Law for Washington on

Q: Ive signed my dd214, cleared post & unit.. can the army legally call me back to sign an ncoer?

Matt James answered on Aug 2, 2013

Typically, if you've out-processed, passed your date of separation, and did your final accounting of pay with finance, then no. They should just put "refused to sign" or "unavailable to sign".

This answer does not create an attorney-client relationship or provide legal advice.

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2 Answers | Asked in Military Law for Washington on

Q: Field grade article 15 for positive UA of THC, doesn't smoke but have been around in-laws that are heavy smokers

What advice do you have for me. I'm stationed in a state that is legal for marijuana to purchased and utilized as long as you have a medical card for it. I don't know how else you can prove that I'm innocent of this type of conduct without bringing my husband's relatives in it. I have never had a... Read more »

Jared Hawkins answered on Oct 30, 2012

You should consult with your local military defense counsel. Under military law there is a presumption that if the substance is found in your sample you knowingly took it into your body. So your best chances of fighting this are by providing an explanation (i.e., someone gave it to you but you... Read more »

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