Skip to main content
Philip Douglas Cave
Avvo
Pro

Philip Cave’s Answers

1,941 total


  • Can a DACA receipient join the military?

    Can a DACA receipient join the military? If so what branch? I'll like to join the Navy or Army (I prefer the navy) but I'm not sure if it's possible. And if my husband is a marine is it possible to get stationed with him?

    Philip’s Answer

    Not currently.

    Should you join, then they do have provisions for co-location of spouses. It's not guaranteed but they do make an effort.

    See question 
  • Do I need to appear before the naval discharge review board.

    In March 2011 I was separated from the marine corps with a general discharge under honorable conditions. The narrative on my dd214 indicates that this was because of "rehabilitation failure". I have submitted a dd form 293 already (in 2011) and it...

    Philip’s Answer

    Yes, your last option is to request a personal appearance hearing.
    However, you should not do that without having a lawyer experienced with the Boards helping you.
    Also, you package likely needs rework to emphasize points that might sway the board.
    Also, this is a USMC case, tough to upgrade.

    See question 
  • Correction of Discharge as Civilian

    This is a continuation of this case: http://www.avvo.com/legal-answers/methods-of-correcting-characterization-of-service--2016915.html?utm_campaign=question_confirmation&utm_content=view_question&utm_medium=email&utm_source=notification ...

    Philip’s Answer

    You cannot apply for an upgrade until you have been out more than six months.
    Depending of the conduct, it is unlikely you would get an upgrade until you have been out some time. And only then would it likely be based on post-service conduct and actions.
    You will need to sell back your leave. But there is nothing to stop you asking them if you can go on leave now. It's up to them.

    See question 
  • Are tresspassing warnings visible to FBI during background checks?

    I got a trespassing warning from the campus police at my college, for entering without an ID. The issue is that I am planning on joining the military, which will require a security clearance. Will I need to report this warning?

    Philip’s Answer

    No.
    The SF 86 does require you to report certain arrests, convictions, and even expunged convictions.

    See question 
  • Can I get an Other Than Honorable discharge upgraded.

    It will be 6 years this month and I've sent in one DD 293 and they denied an upgrade. I sent another in this month and I wanted to know if it will get upgraded by sending in the DD 293.

    Philip’s Answer

    It's unlikely to happen.
    Your first application on paper may not be the problem.
    HOwever, mailing in a second application is the problem. You should be asking for a personal appearance hearing and you should be putting together a solid package of evidence and arguments about why they should consider an upgrade.
    Get an attorney, it's not too late depending on when you mailed your last application.

    See question 
  • Can the Air Force charge me with an Article 15?

    I am a SrA in the Air Force. For three years now. After the birth of my child I started having migraines, depression, anxiety, fatigue, visual changes, hormonal problems etc. For about the past eight months these symptoms have started and gotte...

    Philip’s Answer

    You need to get aggressive here in asserting yourself to the command, especially if they have now documented the existence of a tumor that may help explain the cause.
    You should consider an IG complaint.
    You should make sure you get a complete copy of all of your medical records now. Sometimes records go missing.

    See question 
  • Can a Senior E-7 (18+ YOS) in the ANG be administratively reduced to E-6 for inefficiency (missing drills) without Art. 15?

    I was administratively reduced for inefficiency (missing drills) from E-7 to E-6 without any Article 15 or court marshal proceedings. 5 months later I was reduced from E-6 to E-3 by a reduction board. I submitted a correction of records to ARBA bu...

    Philip’s Answer

    Many administrative actions can be taken without a Art. 15 or court-martial.
    You say you had a Board to review the issue. Generally that constitutes sufficient due process. Whether or not those procedures were done correctly is a different issue. And perhaps that may be why the ABCMR gave you some relief.
    As Mr. Cassara says, if you represented yourself, maybe there is something to be found in the records to date that could be identified and argued as "new." While not required, the Board will on occasion reconsider a prior decision when there is a new presentation through an attorney.
    The next step would be to have an attorney determine if there is a case for the court of claims.

    See question 
  • What's ethical and not ethical

    My lawyer repersented me and two of my friends in a accident claim he gave one of them a loan until our settlement came in. He also told me about there medical bills and injuries. And he told them about my bills and medical problems.He also used t...

    Philip’s Answer

    https://www.vsb.org/docs/Lawyers_OPM_electronic.pdf

    http://greatbaycapital.com/virginia-pre-settlement-funding-state-bar-lawyer-assist/

    See question 
  • What is the easiest way to get discharged from the Army Reserves?

    OK, I'm not going to write the whole story down but basically because of my jobs and lifestyle, I travel around a lot. I didn't when I first join the Reserves but I do now and its conflicting with my drill schedule. Also, I'm finding out, all the ...

    Philip’s Answer

    Do the IRR request and see what happens.

    All other "methods," such as intentionally missing drills can result in negative consequences.

    Have you tried to change units to one that has a better ability to sync with your work schedule?
    Have you discussed the possibility of changing drill dates?

    They may be receptive to some schedule jockying. I wouldn't tell them it interferes with your lifestyle--stick with the impact of employment.

    See question 
  • Is there ANY possible way at all for someone to see convictions on an expunged record?

    I got into some trouble when I was 15 and ended up with a felony conviction and a couple misdemeanors on my record. The judge (in PA) said if I stayed out of trouble, I could have my record expunged when I turned 18. I of course was a good boy lo...

    Philip’s Answer

    If you are required to hold a security clearance for your work, then you will fill out an SF 86 application for a clearance.

    There are a number of questions that deal with arrests, convictions, and investigations related to an offense.

    You will see that you still have to inform them of cases that have been expunged.

    Look at this SF 86, as the model for applications. For example, look at question 22. (Attached below)

    Keep in mind that lack of honesty on a security clearance application is the quickest way to get a denial.

    See question