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Philip Douglas Cave
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Philip Cave’s Answers

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  • What constitutes an assault charge?

    My sisters neighbor claims the smoke from their very small fire pit gives her a headache. The local PD told my sister that if they have a fire in their fire pit (which is 100% legal in our town) and it causes the neighbor a headache the neighbor c...

    Philip’s Answer

    Doesn't sound like an assault.
    Double check the "legality" of the fire pit, as already suggested.

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  • I received an Article 15. I'm done with the rebuttal and appeal. Is hiring an attorney advisable for the USAF BCMR?

    I have completed the rebuttal and appeal process for my article 15. My ADC, several other lawyers and my flight chiefs have said multiple times that the punishment was far more severe then the charged action. I have never received a LOC/LOR or any...

    Philip’s Answer

    You can seek to appeal to the Air Force BCMR.
    Keep in mind that the standard of review is not favorable to you, and that they 'evidence" necessary to overcome.
    More immediate. Did you ADC discuss with you the possibility the AF may seek to administratively discharge you for misconduct? I see a 120 which was apparently not substantiated. But you are likely aware of all the politics involved.

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  • Veteran department sends denial letters to OAG Texas repeatedly for the support of four children on food stamps

    I have four children by a 100% 'disabled' veteran. (I put the disabled in quotations due to his disability being asthma, which he smoked both marijuana and cigarettes continually for 14 years after diagnosis.) He had received his back pay...

    Philip’s Answer

    This is a duplicate question answered elsewhere.

    You need to contact your state or local child support enforcement agency.

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  • Veteran department sends denial letters to OAG Texas repeatedly for the support of four children on food stamps

    I have four children by a 100% 'disabled' veteran. (I put the disabled in quotations due to his disability being asthma, which he smoked both marijuana and cigarettes continually for 14 years after diagnosis.) He had received his back pay...

    Philip’s Answer

    Regrettably you are limited to using your state and local resources for the enforcement of child support obligations.

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  • I have been given a legal document to sign and send back but it has a witness section

    should I need to get a signature from anyone I know or it would be handled at the receiving end?

    Philip’s Answer

    You are being asked to have someone witness you signing the document. It's a way to verify that it was you who signed. Often times a notary public (your bank or credit union might offer such service free or at low cost). Legal documents often require it be a notary public.

    It is done on your end.

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  • What pieces of information should I use to appeal an Article 15 NJP decision? Do I have grounds for an IG complaint?

    I was diagnosed with Major Depressive Disorder following my spouse of 9 years leaving me. I was given a profile due to the mental health diagnosis and was ordered to return to my previous duties as a Recruiter (Title 32). In addition, I sought out...

    Philip’s Answer

    The bases to appeal are:

    1. The imposition of punishment was unjust. This usually means an offense wasn't committed, or if you are Army there wasn't sufficient evidence of guilty beyond reasonable doubt. For example. There might have been a defense based on inability due to the effects of the medication (this would be especially true if you'd taken extra steps to make sure you woke in time). You would need to submit evidence of the medications and if possible statements of a medical provider.

    2. The punishment was too severe.

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  • DCF Headache. Damaging info on file about me

    DCF has something on file about me as being a danger to children. Whatever they have on file is not being released to me and I believe it to be false and it has been there between 20 to 25 years now. It is preventing me from taking custody of ch...

    Philip’s Answer

    A MA lawyer can help you best. The first questions I would want to aks would be:

    1. Does MA have a state Privacy Act/Freedom of Information/Sunshine Law under which you can gain access to personal information on yourself. I'm familiar with that in federal matters and VA. So perhaps MA has something similar.

    2. Does the DCF have an "appeal" or procedure to have incorrect information removed.

    I'd do some initial Google looking and then take those questions to a MA lawyer. Perhaps there's a law school clinic that serves low income people, and perhaps the Bar Association has a list of lawyers charging low fees or pro bono work.

    Just calling them probably isn't going to work because you are not using the right "procedure."

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  • I would like to reenlist in the reserves and would like to know if I can change my RE-Code.

    I received a General discharge under honorable conditions because I did not finish my contract with the military. I never had any misconduct or punishments. Can I change my RE-code so that I can join the reserves and how hard could it be? Do I nee...

    Philip’s Answer

    That's an odd situation.

    The recruiter will want to look at the underlying reason you got separated early and only with a General. If you got a RE4 that tells people that you did something, perhaps wrong or bad.

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  • Can I re enlist if I've changed?

    Went to MCRD in 2013. Got my first letter from my ex girlfriend at home saying she was going to leave me. I didn't want that. I knew the easy way out was to tell a drill instructor that I wanted to hurt myself. No questions asked and got sent home...

    Philip’s Answer

    Unlikely you will get your separation code changed. The Navy board is quite strict and tough to convince to allow changes.

    The Marines are unlikely to give you a waiver. They don't need to give too many waivers at the moment because they are meeting their recruiting needs.

    Apply by all means. You might find a sympathetic recruiter who might help steer you through the process.

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