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Philip Douglas Cave
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Philip Cave’s Answers

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  • Does active duty service member stationed in Germany need to be physically present for trial?

    My husband got stationed in Germany recently. It was expected, and occurred in the midst of family court proceedings for a minor modification to a parenting plan. Adequate cause was granted, he and his ex wife are mediating, and trial is set for O...

    Philip’s Answer

    Talk to the attorney.

    There is also a SCRA implication to this.

    See question 
  • Family law/ divorce. What are my rights? Child custody. Is it worth to file for adultery in military?

    My husband is in Air Guard. He got deployed and after came home I found out he was having an affair with a woman from his unit the whole time they were deployed together. I was pregnant with our second child at that time. We decided to work on thi...

    Philip’s Answer

    You so not have to be married to anyone to join the ANG. The problem he is referring to relates to the enlistment of single mothers/fathers and the required family care plan.
    The ANG can take some disciplinary actions against him, especially if the adultery was with another airman. The end result may be his being kicked out of the ANG.
    Talk to a civilian divorce/child custody attorney in your town about the other issues.

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  • I want to request to the Army Board of Military Records to remove a letter of reprimand that I received. How long do they

    normally take to make a decision or respond back? Should I have an attorney? Tks.

    Philip’s Answer

    Before making a submission you should gather support for your package. In particular you should determine if the GOMOR issuer is willing to support you.

    Depending on the type of "misconduct" it can take from 9-18 months.

    A lawyer experience with the boards can help you prepare a better and perhaps more focussed package. A simple letter from you doesn't work.

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  • I need military legal advice regarding a current situation that I am facing. My command ordered a command directed mental health

    evaluation because I have been taking treatment for a few months. I have heard that two things can happen here. I can get a MEB board for depression or an administrative separation for mental health reasons. Would having an admin separation affect...

    Philip’s Answer

    • Selected as best answer

    If they did a CDMHE then they should have informed you in writing and also told you about rights to seek legal advice and second opinion.

    It depends on the actual diagnosis. Suffering from depression is not an automatic disqualifier without other factors being considered.

    A mental health issue might affect your clearance by creating a "Concern." There are many ways to "Mitigate" a concern if they take action to revoke your clearance. There is an appeal process.

    While you seem to be assigned to either Hurlburt or Eglin, I suspect you are a Marine? They can be tougher on people with alleged mental health issues. It depends on the "treatment" and prognosis for recovery. There happen to be many people on active duty receiving medication for anxiety and depression.

    A resignation isn't the simple answer here for various reasons.

    Get some one on one legal consultation or advice first before you take an action that might be irrevocable.

    And good luck, get and stay healthy.

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  • What kind of legal assistance can I get regarding Debt from Military Service.

    Upon leaving Military Service I was charged Leave (vacation) that was supposed to be convalescent ( not charged for medical reasons) and It put me in a negative balance. I received a letter from DFAS stating I owed them money. I disputed the debt ...

    Philip’s Answer

    Mr. Brumer has good advice for you.

    One other point, did you petition the board for correction of records? The problem will now be how long it is since the issue arose.

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  • What type of lawyer do I need?

    I left to train in the army from February 24 through July 09th. I have an apartment leased under my name, in which for the month of July- I didn't get around to paying my rent. It slipped my mind and my training regimen had increased. Typically, t...

    Philip’s Answer

    Agreed the issue is likely a little more complicated. But they still have to follow the SCRA once you went to training.

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  • I would like to know who is the one who decides if a soldier will have a MEB board or administrative separation board. Is it the

    command? Or is it the doctors at mental health that determine if the soldier should have a MEB board or administrative separation for mental health reasons? I am confused.

    Philip’s Answer

    They run parallel.

    The commanding general will then evaluate both "cases" and decide which to approve. That's why it is very important you do everything you can to "contest" the administrative separation.

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  • I am a 100% disabled soldier with service connected injuries. I receive compensation from the VA but not the active duty Army.

    I should receive benefits from active duty as a 100% medically retired soldier. How can I get medical retire and back pay.

    Philip’s Answer

    There are several attorney's on AVVO who specialize in the specialized area of military law relating to VA and medical benefits. Get in touch with one of them to discuss. As Mr. Cassara says, this is not a DIY project.

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  • I am in the army and I am in the process of being medically separated. Is the rating that they give me based

    on my base pay? If I am an E-5 and I get 30% disability rating, does that mean that it would be 30% of my E5 base pay? Also, is it true that if I am medically separated for disability reasons that I will get promoted one more rank?

    Philip’s Answer

    Pay based on rank.

    No promotion.

    Follow Mr. Sweet's advice about applying now for VA benefits, rating, etc.

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  • I need to request the Army Board of Corrections to fix my military record and I would like to know how long is that process

    taking. Also, if I request to have my rank adjusted and they approved my request, do I need to go to my chain of command with their approval or they will contact my chain of command? I would like to know how this process works and if HRC will also...

    Philip’s Answer

    taking--months.

    if I request to have my rank adjusted and they approved my request, do I need to go to my chain of command with their approval or they will contact my chain of command? The Board will make the appropriate notifications. But it wouldn't hurt to inform your command.

    The Board contacts HRC and gets information in addition to the package you submit. Command is not automatically informed.

    You should be sure to put a good package together. The burden is on you to prove you need the adjusted change.

    You should make sure the paperwork has been done properly first with your command and personnel and finance.

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