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Philip Douglas Cave
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Philip Cave’s Answers

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  • What must a lawyer provide to his replacement when a client changes lawyers?

    We're not satisfied with the competency or responsiveness of our parents' current lawyer, who drew up their most recent wills, POA's, and Trust docs. If we change lawyers, what must he forward to his replacement vs what might be considered his fi...

    Philip’s Answer

    Well, in Virginia, as in most states and attorney should keep a complete copy of the file for his own records.

    The attorney should then return any original documents provided by you back to you.
    The attorney should also provide the original of any documents received from others.
    There is no requirement as to the format. It is permitted, for example to put it all on a CD in digits.

    Having taken over cases myself it is usually me who contacts the attorney and gets what I need from them. That solves any issues with the client having to communicate with the prior attorney and I can be sure I have what I need. I think this is something that can generally be worked out by the lawyers.

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  • What happens or what are my options if I am recommended for a MEB/PEB and during the evaluation they determine that I do not

    meet the standards to be medically separated? Can I appeal that decision? If so, how and how long it could take? I am being recommended for a MEB but am not sure what will happen now. I want to know my options.

    Philip’s Answer

    There are various appeals that may apply.
    You should start with the MEB/PEB counselor. Talk to them about the options once you have the MEB findings.
    Not all MEB's proceed to the PEB process. If they recommend you for PEB and a rating, then that is a significant favorable step.

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  • Military Law. Officer with a DUI in Korea. What are my options?

    I went out to get some food and drinks with some friends. I left the group early due to me being tired. I was driving to my place and I did not come to a complete stop at a stop sign. MPs pulled me over and breathalyzed me. I was brought back to t...

    Philip’s Answer

    The military has jurisdiction over your case.
    They can decide to court-martial you. Whether they do that will depend on the .bac level, your conduct and demeanor through the process, and whether or not you have some command/leadership support.
    You will definitely be offered and Art. 15 if they do not decide to court-martial.
    If they do not do a Art. 15, you will almost certainly get a GOMOR, and it will be filed in your fiche. Even if retained that will affect future promotion and assighments.
    You will most likely get and adverse/referred OER.
    You will likely get either a "field" directed show cause board for retention or if the local commander does not do that, likely a HRC directed show cause board.
    Some of this depends on your rank. For example if you are retirement eligible, you could also face a retirement grade reduction issue.
    This is the parade of horribles. Your best option right now is starting to assemble mitigation information and evidence.

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  • I've had 2 DUI arrests in the past 3 years. I'm a member of the national guard, how can this affect me?

    I'm a member of the air national guard and have had 2 dui arrests in the past 3 years. Both were dropped/dismissed. Both happened while I was not on orders or a military status (I understand I'm still under the ucmj to some extent). Also both h...

    Philip’s Answer

    Do you need a security clearance?
    These will likely cause an initial intent to deny/revoke a clearance if you need one.

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  • Can I sue the Military for my retirement and pain a suffering for the the stress this is putting me through?

    I was discharged from the military for failing a body fat measurement 14 days prior to my 20 year retirement. I was diagnosed with a medical condition that makes it very difficult to lose body fat only 8 months prior.

    Philip’s Answer

    Maybe.
    These cases can be very expensive and take time. There's a great deal of information to gather.

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  • Can I be punished by the military for a second voluntary hospitalizations for mental health treatment? Please help. I am in the

    Army. The first time I was hospitalized was because the doctor referred me. I feel like I need to the hospital due to mental health issues but I am scared of being punished by my command. I am in the process of getting out and I do not want to get...

    Philip’s Answer

    This is an important question based on a recent case where the Marine Corps prosecuted a Marine for an attempted suicide.

    FIRST, take care of your health.

    Second, talk to a lawyer for help through this process.

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  • Can I re-enlist into any branch of the military?

    I was discharged from the Army National Guard in 2009 for a positive drug test. On my DD-214, I received an OTH and an RE-4. Outside of this test, I had NO other misconduct on my record. I was not granted a hearing or any rehabilitation services. ...

    Philip’s Answer

    Most likely a recruiter will tell you that there are three problems here.

    1. It's drug related.
    2. It's drug related.
    3. It's drug related.

    You could petition the Discharge Review board for an upgrade and change in RE Code. But it seems to be the underlying conduct that will create the real bar to enlistment and not getting a waiver.

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  • Physician/client privelige?

    I was recently convicted of possession of child pornography. The conviction came about when I was in the military and self-admitted myself to a military doctor and he reported to NCIS. Do I have a case post-conviction?

    Philip’s Answer

    Unfortunately, the doctor-patient privilege may only relate to medical treatment. It depends.

    So, do you have a case with the military appeals court? if so, this is something that should be discussed to get a fuller idea of the issue(s) and whether there might be a way to challenge the conviction.

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  • Does the Army Board of Correction have jurisdiction or authority to change the date of rank from a commissioned officer? Thanks.

    I saw an Army Review Board case, that they concluded that they do not have jurisdiction to change the date of rank of the individual. They stated that the only way that the date the applicant was granted Federal recognition to 1LT could be changed...

    Philip’s Answer

    You may not be getting answers to this because it appears to be similar to other questions being asked on the same topic, possibly by you.

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  • CAN YOU OBJECT OR APPEAL IF A JUDGE REFUSES TO CHANGE VENUE

    I FILED MOTION TO CHANGE VENUE AFTER MOTION TO REINSTATE CASE. CASE WAS REINSTATED BUT NO OBJECTIOIN FROM EX WAS EVER PUT FORTH. ISN'T THERE A TIME LIMIT ON THE TIME HE HAS TO OBJECT. WHEN I LEARNED HE HAD AN ATTORNEY, I SENT PAPERWORK ALSO TO AT...

    Philip’s Answer

    A change in venue may be granted in the judge's discretion.
    If the judge declines to move the venue, make sure the issue and facts are properly documented on the record.
    Should you decide you want to appeal, a denial of a change of venue claim may be one of your issues.
    These are issues a competent appellate attorney should be engaged for.

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