Philip Douglas Cave’s Answers

Philip Douglas Cave

Alexandria Military Law Attorney.

Contributor Level 17
  1. Can a convening authority add a reduction in rank when a soldiers sentence is 30 months confinement and a bad conduct discharge?

    Answered 27 days ago.

    1. Jocelyn C Stewart
    2. Philip Douglas Cave
    3. William Emil Cassara
    3 lawyer answers

    Yes, Based on the sentence a reduction to paygrade E-1 is automatic by operation of law, regardless of whether or not the judge/members imposed a reduction. 858a. ART. 58a. SENTENCES: REDUCTION IN ENLISTED GRADE UPON APPROVAL (a) Unless otherwise provided in regulations to be prescribed by the Secretary concerned, a court-martial sentence of an enlisted member in pay grade above E-1, as approved by the convening authority, that includes-- (1) a dishonorable or bad-conduct discharge;...

    5 lawyers agreed with this answer

  2. If an OTH is issued under chapter 10, is a separation board a must before separation?

    Answered 6 months ago.

    1. William Emil Cassara
    2. Philip Douglas Cave
    3. Gary Burton Port
    3 lawyer answers

    No board rerquired. A Chapter 10 is given after a request by the accused pending court-martial as a means to escape court-martial and the possibility of a trial, conviction, and sentence. Frankly the quicker it's done the better to avoid a government change of mind and the occasional new charges that crop up.

    5 lawyers agreed with this answer

  3. Can a lawyer tell the judge you want to join Military as a defense? Military Recruiter says no.

    Answered 7 months ago.

    1. Philip Douglas Cave
    2. Rixon Charles Rafter III
    3. Sharif Ahmed Abdrabbo
    4. Wojciech Zbigniew Kornacki
    5. Scott Allen Scholl
    5 lawyer answers

    Yes, he can tell that to the judge. As a sign of intent to rehabilitate and get some discipline and direction in his life. BUT whether or not they will enlist him is a different issue. If he's convicted of something he may not be eligible to join. Long gone are the days when a judge could give a person the option of joining the military or going to jail.

    5 lawyers agreed with this answer

  4. Does SCRA protect me during deployment?

    Answered 8 months ago.

    1. Philip Douglas Cave
    2. Daniel Boone Mitchell
    3. Jimmie Lee J. Brown Jr.
    3 lawyer answers

    Go the the Legal Assistance Office at the Staff Judge Advocate Office on post at Fort Bragg. They will give free initial advice and may help with some of the papers. They deal with this issue all the time. Both the member and a "dependent' of the member are entitled to those free legal services. I'm not sure if the LO at Bragg also has a program through the ABA/State of NC for an exception to representation in court, some states do. Check.

    5 lawyers agreed with this answer

  5. Will my Dismissed Disorderly Conduct affect eligibility to join one of the military branches as an officer?

    Answered 11 months ago.

    1. William Emil Cassara
    2. John Daniel Hafemann
    3. Stephen P. Kelly
    4. Philip Douglas Cave
    5. Kelvin P. Green
    6. ···
    7 lawyer answers

    Maybe. And an expungement wont matter because officers usually need a security clearance, and the SF86 requires you list arrests and cases expunged and PBJ'd.

    5 lawyers agreed with this answer

  6. Can i sue the military for making me fail collage?

    Answered 12 months ago.

    1. William Emil Cassara
    2. Philip Douglas Cave
    3. Kelvin P. Green
    4. Wojciech Zbigniew Kornacki
    4 lawyer answers

    Dont see a connection between failing classes and not getting the money. You can seek to have the debt remitted. You should have received information about that in the notice you received from DFAS.

    5 lawyers agreed with this answer

  7. Is it normal for a lawyer to bill his client for a telephone call made to and/or received from opposing council?

    Answered 12 months ago.

    1. Sagar P. Parikh
    2. David Herman Hirsch
    3. Philip Douglas Cave
    4. Colleen Mary Ni Chairmhaic
    5. Albert Lee Crosner
    5 lawyer answers

    Yes. If the attorney is working on the case, and certainly discussing the case with opposing counsel is case related then the lawyer can charge for that, so long as you are not on a flat fee agreement. Perhaps you should discuss with the attorney. We all of us excercise some discretion at times.

    5 lawyers agreed with this answer

  8. How can I prevent my wife from getting my military benefits?

    Answered 12 months ago.

    1. Stephen P. Kelly
    2. Philip Douglas Cave
    3. William Emil Cassara
    4. Rixon Charles Rafter III
    4 lawyer answers

    You have a requirement to support your family. Each service has rules on how much support must be given. This is especially true when there is BAH being paid. If you are separated by written agreement that raises a different point, and the military follows what's in the agreement.. Failure to properly support your family iis potentially a reason for discharge and in some cases court-martial.

    5 lawyers agreed with this answer

  9. How can commissioned USAR officer with other than honorable discharge get his discharge status reversed? Complex DFAS case.

    Answered about 1 year ago.

    1. Philip Douglas Cave
    2. Everett Lewis McKeown
    3. William Emil Cassara
    4. Gary Burton Port
    5. John Daniel Hafemann
    6. ···
    6 lawyer answers

    This sounds like you were caught up in the TCS Task Force cases? Did you do a Chapter 10? You can petition the Army Discharge Review Board for an upgrade in the discharge. Success will depend on being able to "prove" a lack of fraud. If this was a Chap. 10 OTH that's going to be a factor against you. DFAS position doesn't help. By statute DFAS cannot remit a debt if there is fraud involved.

    5 lawyers agreed with this answer

  10. What should i do?

    Answered about 1 year ago.

    1. Christian K. Lassen II
    2. Matthew C Simon
    3. Philip Douglas Cave
    4. Paul Y. Lee
    5. Michael A Ferrara Jr
    6. ···
    6 lawyer answers

    You may already have a problem with your insurance company. Most insurance contracts require you to report an accident within a certain period of time, often 24 hours. A failure to report the accident could cause rejection of a claim.

    5 lawyers agreed with this answer

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