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Philip Douglas Cave
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Philip Cave’s Answers

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  • Can I do an IG or article 138 complaint against my commander for disclosing my mental health problems with another officer

    out loud in front of his office? There were many people around his office that overheard the conversation including myself. Thank you.

    Philip’s Answer

    I don't think this is a HiPPA violation.
    Rather it's more like a Privacy Act issue.
    An IG complaint might be the better approach. Get something of an outsider involved.

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  • I am trying to read precent federal court decisions regarding military appeals but I cannot understand what does it mean that

    For the forgoing reasons, I would affirm the judgment of the Court of Federal Claim. Or, We therefore affirm the District Court's grant of summary judgment to the government. Could anyone explain how to read federal court appeal decisions? Thank you!

    Philip’s Answer

    Neither of these explicitly deal with military appeals.
    I think of military appeals as being appeals of court-martial convictions.
    The Court of Federal Claims deals with more than just appeals of certain cases or issues involving the military.
    Affirming the DC on summary judgment means the DC granted summary judgment for the government and the appeals court agrees with that decision.
    "I would affirm" reads more like it's a beginning or end of a dissenting opinion.
    But that's just me on limited information.

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  • Is having Schizoaffective disorder an automatic disqualification when applying for a security clearance ?

    I have been stable for a year and on medication for my condition. However before going on my current medication, in 2012 I had 3 hospitalizations and once in 2014.

    Philip’s Answer

    Yes, this may be an issue in getting or keeping a clearance. There are questions on the application about mental health.
    However, you should be aware that while it may create a "Concern" there might be ways to establish "Mitigating Conditions" that counter-act the "Concern."
    You could benefit with a consultation with an experienced security clearance attorney before submitting the application, and updating a current clearance.

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  • What legal options do I have after a denial of a suitability waiver for reenlistment into the Army National Guard?

    I was involved in an off duty domestic dispute in NJ in 2005. Charges were based on allegations and included a simple assault and poss. of weapon, due to me having my duty weapon on me at the time of the incident. Charges were dismissed through th...

    Philip’s Answer

    I think your issue is more the underlying reasons you got in trouble.
    Have you had to go through the clearance review process yet, or since the court case? The expungment doesn't necessarily prevent the CCF looking at that for clearance purposes.
    All of the Services including the Reserve and Guard are still in a downsizing mode. That means they have the ability to be more picky on who they access. Perhaps that's really the problem here. If that's the case, other than trying to explain the events I don't see an option for you.

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  • How do appeal a GOMAR? and Relief for Cause?

    I received a GOMAR and it is retaliatory in nature. I got it because i was the scape goat for something that my supervisor did wrong. how do i appeal a gomar? I dont know if its locally or permanently filed yet.

    Philip’s Answer

    You should have been advised at the time of receipt of the GOMOR that you had a period of time to submit a written response. In that response you could ask it be set-aside, filed locally, or in your restricted file.
    Check your iPerms. Sometimes it gets slipped in there because of an administrative mistake.
    Retaliation, for what? Are you a whistleblower and entitled to statutory protections?

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  • GOMAR & Relief for Cause from command... Can I still get an honorable discharge?

    I know i didnt do anything wrong. there was a lot of undue command influence in my investigation.

    Philip’s Answer

    You can appeal to the DASEB under certain circumstances, and your RFC also.
    You need to prepare a good package of materials to rebut.
    If you are still within the time frame to submit a response to the "filing" decision you need to get on it ASAP.

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  • Do I need a defense attorney now?

    I'm in the Navy. Another military member is claiming I sexually assault her. NCIS is investigating the matter..This is totally false she has given my chain of command one lie and then gave NCIS another lie. EVERY detail is a lie. I don't know if N...

    Philip’s Answer

    Yes. ABSOLUTELY
    You are about to enter the politics of military sexual assault.
    The investigators have been instructed to believe her.
    You must NOT make any statements to any, especially NCIS.
    Do not take any phone calls, emails, or texts from this person-it could be a pretext trap.

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  • So this may boggle a few brains because I am dumbfounded... Has anyone heard of such debauchery?

    Well this sailor was being administratively separated through the notification board/notice procedure... They got hurt and their surgeon put them on LIMDU... Sailor was held back for a long time by their chain of command and then due to "too many ...

    Philip’s Answer

    Well, administrative errors are not uncommon. Much happens each Navy day to boggle the mind.

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  • Military separation/divorce question ?

    My husband and I are divorcing . He's an E5 in the U.S. Army and I know that he's suppose to pay me 2/3 of his BAH which according to him is 900 a month, so 450 bi weekly. He's saying that is all he has to pay me while we are separated, no child s...

    Philip’s Answer

    The military has a percentage when there is no separation agreement.
    It's a lump sum, not divided out as to support for you or child support. So he is generally correct in terms of how the military will look at it. So long as he's doing that they will not interfere.
    A written separation agreement and later court order is best.

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  • I would like to know if I can get punished for losing my military ID card.

    I am an officer in the Army and I lost my military ID. I will get a new one but am not sure if this can affect me somehow or if my command can take some type of action.

    Philip’s Answer

    Usually, those who get in trouble have lost their ID card more than once.

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