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Philip Douglas Cave
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Philip Cave’s Answers

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  • Will I be able to join the military under deferred action documents?

    I have a work permit under the deferred action program. I am interested in joining the military and have always been. However, I'm not sure if my documents allows me to serve in the military. Is there anyway possible to serve without a bachelor'...

    Philip’s Answer

    No. Sorry you would not qualify for enlistment.

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  • Should I have served the 14 days of extra duty prior to the suspension?

    I was given a Company grade article 15. I was given 14 days extra duty which I served and 180 days of suspension of rank and pay Which I am currently serving and I am also flagged.

    Philip’s Answer

    Yes, you were correctly required to serve the extra duty unless you had timely appealed and the ED was deferred pending resolution of your appeal. If you appeal was denied then the ED can be served.

    Normally flags are lifted at the completion of the action (Art. 15).

    I have linked to the AR on flags. Go to page 10 and it tells you when flags are to be lifted.

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  • I was kicked out the military and given a general discharge, but it still shows up on background checks, is there any way I can

    I was kicked out the military because I took one of my sons pills and didnt have a prescript. I was in the service for over 10 years, now I am at college getting my degree. I was given a general discharge and now it shows up in background checks....

    Philip’s Answer

    There are two issues here.
    1. You can petition the Discharge Review Board.
    2. But the harder more important one is what the FBI/NCIC records say about you and your case. If this is showing in background checks then I am going to assume for the purpose of this question that CID/OSI/NICS was involved in some way. Because of that the "case" got into the FBI/NCIC and now shows on background checks. That can be "appealed" but getting a Titling changed or the record changed can be difficult.

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  • Is CFR 581 backed by military law or is it a federal law put in place my government?

    I am going through a divorce, i am active duty military. Both my ex's and my lawyers are saying they can hit my housing and food allowance for use as child support. I have found CFR 581 stating that they can not be used. Is CFR 581 backed by milit...

    Philip’s Answer

    And, to add to Mr. Green's comment.
    Once divorced, you may still be entitled to BAH/with dependents depending on any support obligation for children.

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  • Is there anyway I can ask for a hardship discharge or honorable discharge?

    Hey there I'm 20 years old and an E-4. Okay so I've been in the national guard in KY for about three years. I've had mono 5 times in the past 5 years (crazy I know). I'll have to see a disease doctor in the future. I have high blood pressure and a...

    Philip’s Answer

    Mr. Green suggests the starting point here--that is getting the medical personnel on board to recommend a medical related separation.

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  • How can I appeal or what can I do ?

    I had a sleeve surgery I was wondering how I can appeal so I can join the ARMY reserve ??

    Philip’s Answer

    • Selected as best answer

    If you are seeking to enlist and you have a weight problem plus related surgery then MEPS will look at that to determine if it is a disqualifying condition or a condition for which there may be a medical waiver.
    There is nothing "appealable" beyond that process. The military has absolute discretion on who it will enlist. For obvious reasons preexisting medical conditions may limit a persons potential to serve world-wide without problems.

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  • Is it possible that I can receive an chapter 11 instead of an chapter 14 ? if I do receive an chapter 14 what is it most likely

    I am being chaptered out on an chapter 14-12b 635-200 I did something that one of my battle buddies blew out of proportion and now I am being punished because of that but I really want to stay in the army or even be able to return if discharged bu...

    Philip’s Answer

    So you are being processed for a pattern of misconduct?

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  • Can a misdemeanor domestic violence charge prevent you from getting DOD clearance?

    My husband and I are owner operator truck drivers. We are trying to get DOD clearance for a company that we are leased to haul government freight. He was arrested in Dec 2014 and has a misdemeanor 4th degree assault-domestic violence charge and pu...

    Philip’s Answer

    Hard to tell the actual impact.
    A "mitigating factor" is the passage of time since the misconduct.
    Another "mitigating factor" is what steps have been taken to ensure something similar doesn't happen again. Alcohol screening and some counseling often helps.

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  • Whose choice determines the actions an attorney may make in a civil trial?

    I was told by an attorney that " Under RPC 1.2(a) that a client gets to decide the goal and objectives of his representation, and whether or not to settle a case. She then said " All other decisions on how to handle the case and how to accomplish...

    Philip’s Answer

    Mr. Smith states the policy I follow and all of my colleagues follow.
    There are certain decisions that can only be made by the client, obviously with the lawyers advice.
    However, it is generally the rule that the lawyer decides how best to get to the goal.
    Along the way an attorney will, and should keep good communications about what is happening in the case, why, and what she is doing. A good attorney will consider the input of the client.
    As Mr. Smith notes, you are in a relationship with the attorney and you have to feel comfortable with their advice and work. You hired the attorney for their knowledge, experience, and skill.
    You could change lawyers, depending on where you are in your case. But keep in mind the new attorney may well want to proceed in the same or similar fashion.

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  • Several years ago I served 9 months in jail for theft charges in the military for a crime I didn't do.

    After I was sentenced I was told by my attorney that 9 months in jail is considered a misdemeanor. Also the lawyer who was representing my case for appeal didn't do much to help me to get the charges dropped. Can I get this charge expunged.

    Philip’s Answer

    You cannot get it expunged. Military doesn't do that.
    If you got less than one year confinement and no punitive discharge then you were not entitled to appeal to the Court of Criminal Appeals. You would have had two years to submit a petition to the Judge Advocate General under Article 69b, UCMJ (10 USC 869(a). You do not get a free military lawyer to do that.
    A SPCM conviction can be a felony. It depends on the dollar amount of the theft and that you could have received more than one year in jail. You may in fact have a felony according to the state in which you live.

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