Philip Douglas Cave’s Answers

Philip Douglas Cave

Alexandria Military Law Attorney.

Contributor Level 17
  1. Am I responsible for military debt

    Answered 11 months ago.

    1. Philip Douglas Cave
    2. Kelvin P. Green
    3. John Daniel Hafemann
    3 lawyer answers

    DFAS will go after him. They will follow various procedures which could ultimately involve him becoming liable through court order. This seems something that ought to be discussed with your attorney as part of a settlement agreement and court order to be safe. Sounds like a recoupment. Here's the basics for how DFAS approaches such issues. http://www.dfas.mil/debtandclaims.html

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  2. My daughters boyfriend was formally charged with fraternization and she is under investigation.

    Answered 12 months ago.

    1. Philip Douglas Cave
    2. William Emil Cassara
    3. Gerald Richard Healy
    3 lawyer answers

    Normally fraternization becomes a big issue when there is a difference in rank, the senior is also a supervisor of the junior, and there is some impression of an adverse impact, such as a perception of favoritism. If she is punished at NJP, then it is possible this will have an adverse impact on her career, and possibly be a reason the Navy will try and administratively discharge her. Normally it is difficult to prosecute if the two persons involved do not confess and there is no other...

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  3. How do Constitutional and Procedural Errors from an arrest effect Criminal Proceedings and Trial?

    Answered over 1 year ago.

    1. Philip Douglas Cave
    2. William A. Jones Jr.
    3. Mary Frances Higdon
    4. Sean Joseph Farrelly
    4 lawyer answers

    You should address these concerns directly with your counsel.

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  4. Is it unlawful to wear a sign that says . . .?

    Answered over 1 year ago.

    1. Christine C McCall
    2. Philip Douglas Cave
    3. Harry Edward Hudson Jr
    3 lawyer answers

    It might be. Some states have laws about releasing the ID of an informant, because it puts them in danger. There can be certain restrictions on the First Amendment. Google Justice Holmes and his opinions, including about yelling Fire in a crowded theater. In fact there's an excellent, relatively new book analyzing Holmes's First Amendment jurisprudence. That could also be an good way to occupy your time.

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  5. I received a general discharge under honorable conditions from the Army National Guard. Can I reenlist?

    Answered over 1 year ago.

    1. Philip Douglas Cave
    2. William Emil Cassara
    3. Andrew David Cherkasky
    3 lawyer answers

    Difficult to say. The military is downsizing. Even the NG. So they are recruiting less, including less prior service people. Talk to the recruiter and explain the circumstances. You can also seek to upgrade the discharge and change the re code.

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  6. Can my son be discharged (ELS) for an issue where he had a specific medical waiver prior entering, if he is performing well?

    Answered over 1 year ago.

    1. Philip Douglas Cave
    2. Byron David Flagg
    3. Rixon Charles Rafter III
    3 lawyer answers

    Whether or not the person is considered "fit" to proceed to the next training AIT, is a command decision. That's not something one drill sergeant has control over. The Army has invested money in your son and made a decision to allow him in at a time of reduced manning. In my view he doesn't qualify for a failure to adapt if that is the sole reason they want to separate him. The Army has already agreed that no matter how much effort he puts in, his physical inability won't change. Again,...

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  7. An entitlement on my military contract is not being met, can I request a discharge and is the contract void?

    Answered over 1 year ago.

    1. Philip Douglas Cave
    2. Rixon Charles Rafter III
    3. Shawn Michael Haggerty
    3 lawyer answers

    You can request separation and state the reason. It does not have to be granted. You might be able to petition for a correction of records if there is some discrepancy with your contract and other records. Yes, a reason for joining the military is to gain education benefits. However, not all such benefits accrue until after you have completed any contract and being honorably discharged. So as Mr. Rafter indicates, not enough facts.

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  8. Child custody when the other party tested pisitive for me, why an exparte was denied twice.

    Answered almost 2 years ago.

    1. Atousa Saei
    2. Philip Douglas Cave
    3. Vincent Barney Garcia
    3 lawyer answers

    Your question is unclear.

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  9. I went awol from Korea, and voluntarily returned to pcf in Ft.Knox. I went awol again from Ft. Knox.

    Answered over 2 years ago.

    1. Philip Douglas Cave
    2. Rixon Charles Rafter III
    2 lawyer answers

    Mr. R. is correct that - like it or not - you need to surrender from your (apparently) multiple AWOL and missing movement. It seems you are making matters worse. As to not letting you talk to a JAG: that means that nothing you said to them should be used in a prosecution if you can establish you asked for and were denied counsel when being questioned about your AWOL status. It is correct that not all AWOL's are discharged at Fort Sill/Knox. There are times when the person is returned to...

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  10. My ex husband is now retired from the military. We were married 23 years have been divorced 15; if I get married how would that

    Answered 9 days ago.

    1. Amanda Salcido
    2. Harris Justin Brumer
    3. Philip Douglas Cave
    3 lawyer answers

    However, you will lose medical benefits, and they cannot be regained in the event of a second divorce. Medical benefits cease upon remarriage and can never be reinstated. However, commissary and exchange privileges can be reinstated if the remarriage ends because of death or divorce.

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