Philip Douglas Cave’s Answers

Philip Douglas Cave

Alexandria Military Law Attorney.

Contributor Level 17
  1. Do military daycare centers on base have the same sex offender restrictions for picking up kids? in VA.

    Answered about 1 year ago.

    1. Philip Douglas Cave
    2. Laura Leigh Sammons
    2 lawyer answers

    Many 120's are felonies. There is nothing technical about that. But it does depend on the state law. To determine if a military conviction is a felony you must look to both federal and state law where the person is located. It is true that the military does not classify crimes and convictions as misdemeanor or felony (despite the erroneous talk in that funniest of funny movies, "A Few Good Men." If the person is a registered sex offender, then the military follows the same or similar rules.

    5 lawyers agreed with this answer

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  2. Can an Other Than Honorable Discharge be upgraded later if it was for failing the APFT and Height/Weight?

    Answered almost 2 years ago.

    1. Philip Douglas Cave
    2. William Emil Cassara
    3. Stephen P. Kelly
    4. Alan A Fowler
    5. Kenneth James Phillips
    5 lawyer answers

    An OTH is not authorized unless there is some other criminal misconduct that is also a basis for separation. A general is a possible quality of discharge. He can try to upgrade after discharge.

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  3. Can I request a hardship discharge in the military because my wife left me and I have a baby?

    Answered about 1 month ago.

    1. Philip Douglas Cave
    2. Ryan Sweet
    3. Jerry E Shiles
    4. Jocelyn C Stewart
    4 lawyer answers

    Visit legal assistance on post. They have attorney's there who can help you work through this, especially in regard to the family law side of things. As Mr. Sweet notes, there is going to be a problem with you command if you are now effectively the custodial parent. If nothing else you will be in effect a single parent. Your command should be willing to help you initially while you make the right efforts to correct matters. Keep in mind that while in the military you have employment, and...

    7 lawyers agreed with this answer

  4. Can an admission from a text get you convicted on drug charges?

    Answered about 1 year ago.

    1. Emmanuel Valerio Tipon
    2. Philip Douglas Cave
    3. David Paul Morgan
    4. Rixon Charles Rafter III
    5. Richard V Stevens III
    5 lawyer answers

    They need to corroborate your "confession." That they came looking for you and decided to search your phone may be an indication that there is corroboration out there either from a witness or a search or a failed urinalysis. Is not cranberry juice a so-called diuretic used to help avoid a positive urinalysis. However, you should not put anymore information on this open forum. That could be a problem if they go looking and searching Google. Get in touch with a lawyer who is familiar with...

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  5. Just how long can the time between an incident and a article 15 reading be?

    Answered over 1 year ago.

    1. Philip Douglas Cave
    2. Daniel Nelson Deasy
    3. Timothy James Bilecki
    4. John Daniel Hafemann
    4 lawyer answers

    The time limits for Art. 15 is two years from the date of offense. The time limit for court-martial is anywhere from five years to never depending on the offense. You have not been found guilty, only your commander can do that at the hearing or a court at court-martial. Keep in mind that with all of the politics surrounding sexual assault in the military they may actually decide on a court-martial for you. Also, you may have a bar to reenlistment, again because this is a sexual "assault"...

    7 lawyers agreed with this answer

  6. Administrative hold

    Answered over 1 year ago.

    1. Philip Douglas Cave
    2. Andrew David Cherkasky
    3. Matthew Scott James
    4. John Daniel Hafemann
    4 lawyer answers

    You cannot be held past your ETS, except for the purposes of court-martial or to serve a sentence imposed by court-martial. If they try to hold you you should take immediate action to contact a lawyer who can help and DO NOT sign any voluntary extension papers. They can't even hold you for the purpose of administrative elimination.

    7 lawyers agreed with this answer

  7. Why would my daughter and granddaughter not receive army medical benefits?

    Answered over 1 year ago.

    1. Philip Douglas Cave
    2. Wojciech Zbigniew Kornacki
    3. Rixon Charles Rafter III
    3 lawyer answers

    He may have some limited VA medical benefits if he has or is later shown to have a service connected injury. But that's it. VA benefits are limited to the former service member. Families do keep benefits when a person is retired or leaves under certain early separation programs.

    7 lawyers agreed with this answer

  8. A case or not a case?

    Answered over 1 year ago.

    1. Philip Douglas Cave
    2. Allan E Richardson
    3. Christine C McCall
    4. Alec Scott Rose
    4 lawyer answers

    There is a lawyer joke. Ask the same question of three lawyers each in the room with you and they will argue. Ask the same question separately and they will give you a similar answer. But, it's also not unusual to have several lawyers come to different conclusions about the merits of a case. The reasons can vary: different or incomplete facts, lack of knowledge, lack of experience, want your money, don't know and are guessing, are very good and see the forest for the trees, honest, not...

    7 lawyers agreed with this answer

  9. I am an international student, I was told at first that I could not join the military, then another recruiter told me I could.

    Answered about 2 years ago.

    1. Philip Douglas Cave
    2. Alexander Joseph Segal
    3. William Emil Cassara
    4. Rixon Charles Rafter III
    5. J. Thomas Smith Ph.D.
    6. ···
    6 lawyer answers

    Yes, if you are here lawfully and otherwise qualify you can enlist. Over the last ten years thousands of foreign nationals have been granted US citizenship using an expedited process by serving in the Armed Forces.

    7 lawyers agreed with this answer

  10. Received bcd(other) in spcm what are my options for upgrade?

    Answered about 2 years ago.

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

    I assume your case was affirmed on appeal. You would have up to 15 years from the date of discharge on your DD214 post-appeal in which to petition for an upgrade. It is not easy to do, especially with a court-martial conviction and BCD. Part of that will depend on what the charges were at trial, what you have done with your life since the military, and some special factors that I (and I think the Boards) look for to warrant an upgrade. Your problem my be timing probably.

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