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Philip Douglas Cave

Philip Cave’s Answers

1,999 total

  • My son is being medically discharged from the Navy. What's his chances of re enlisting?

    He passed out doing cardio and perfomed tests on his heart. They came back with nothing but don't want to take the chance of it happening again. He's never had a problem with his heart ever.

    Philip’s Answer

    The military has a standard regulation for who is or isn't medically qualified for service.
    He should make sure everything is well documented, because that may affect the type of discharge and also benefits later.
    Heart problems can develop for many reasons, some problems are temporary, some are treatable with medication, and some aren't going to change once they happen.
    I've linked to the regulation for you to review.
    I think it highly unlikely any Service will take him if he is discharged for medical reasons, he'd likely get DQ'd at MEPS during the enlistment process because he'd have to tell them about it.

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  • Is it possible to get my General under honorable conditions changed to Honorable?

    I was discharged Aug/02 from the ANG with a General under Honorable conditions for not completing Tech school. I was sent home from tech school for an isolated alcohol incident that took place. I was active duty USMC 08/91 – 08/95. Joined the ...

    Philip’s Answer

    You can petition the Army Discharge Review Board up to 15 years from the date of discharge.
    Whether you succeed is going to rest on a fuller understanding and explanation of what "got detained" means, and what results followed from it at the time.
    The ADRB has a fairly low rate of success unless you can submit a very compelling package. Usually most upgrades come after a significant period of time since discharge and a pretty stellar civilian life. It sounds though like your case is going to have a lot of focus on why you were discharged in the first place and why the charactirization.

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  • Is it considered unprofessional to not contact your client or send them any correspondence in regards to your case

    i have hired a personal injury attorney over a year ago, that states in our contract that reasonable contact for communication is every 3 to 4 months by phone, email or written communication but has never sent us any correspondence written or othe...

    Philip’s Answer

    Good communications with a client as a hallmark of a good and conscientious lawyer.
    Emails are fine. Do that a lot myself, although much more frequently that months. I typically will send an update when anything happens, or if it is have been a week or so. But that's the nature of my practice--criminal cases typically go fairly quickly and there's a lot going on.

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  • How serious is a violation of no contact order in military?

    My husband and his pregnant mistress are both in military. Husband is a higher rank. Their commander recently found out about their affair and made them each sign no contact order paperwork. How serious is a no contact order in military? How serio...

    Philip’s Answer

    Could lead to an Article 15, or even court-martial.

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  • Can I do an IG or article 138 complaint against my commander for disclosing my mental health problems with another officer

    out loud in front of his office? There were many people around his office that overheard the conversation including myself. Thank you.

    Philip’s Answer

    I don't think this is a HiPPA violation.
    Rather it's more like a Privacy Act issue.
    An IG complaint might be the better approach. Get something of an outsider involved.

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  • I am trying to read precent federal court decisions regarding military appeals but I cannot understand what does it mean that

    For the forgoing reasons, I would affirm the judgment of the Court of Federal Claim. Or, We therefore affirm the District Court's grant of summary judgment to the government. Could anyone explain how to read federal court appeal decisions? Thank you!

    Philip’s Answer

    Neither of these explicitly deal with military appeals.
    I think of military appeals as being appeals of court-martial convictions.
    The Court of Federal Claims deals with more than just appeals of certain cases or issues involving the military.
    Affirming the DC on summary judgment means the DC granted summary judgment for the government and the appeals court agrees with that decision.
    "I would affirm" reads more like it's a beginning or end of a dissenting opinion.
    But that's just me on limited information.

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  • Is having Schizoaffective disorder an automatic disqualification when applying for a security clearance ?

    I have been stable for a year and on medication for my condition. However before going on my current medication, in 2012 I had 3 hospitalizations and once in 2014.

    Philip’s Answer

    Yes, this may be an issue in getting or keeping a clearance. There are questions on the application about mental health.
    However, you should be aware that while it may create a "Concern" there might be ways to establish "Mitigating Conditions" that counter-act the "Concern."
    You could benefit with a consultation with an experienced security clearance attorney before submitting the application, and updating a current clearance.

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  • What legal options do I have after a denial of a suitability waiver for reenlistment into the Army National Guard?

    I was involved in an off duty domestic dispute in NJ in 2005. Charges were based on allegations and included a simple assault and poss. of weapon, due to me having my duty weapon on me at the time of the incident. Charges were dismissed through th...

    Philip’s Answer

    I think your issue is more the underlying reasons you got in trouble.
    Have you had to go through the clearance review process yet, or since the court case? The expungment doesn't necessarily prevent the CCF looking at that for clearance purposes.
    All of the Services including the Reserve and Guard are still in a downsizing mode. That means they have the ability to be more picky on who they access. Perhaps that's really the problem here. If that's the case, other than trying to explain the events I don't see an option for you.

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  • How do appeal a GOMAR? and Relief for Cause?

    I received a GOMAR and it is retaliatory in nature. I got it because i was the scape goat for something that my supervisor did wrong. how do i appeal a gomar? I dont know if its locally or permanently filed yet.

    Philip’s Answer

    You should have been advised at the time of receipt of the GOMOR that you had a period of time to submit a written response. In that response you could ask it be set-aside, filed locally, or in your restricted file.
    Check your iPerms. Sometimes it gets slipped in there because of an administrative mistake.
    Retaliation, for what? Are you a whistleblower and entitled to statutory protections?

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  • GOMAR & Relief for Cause from command... Can I still get an honorable discharge?

    I know i didnt do anything wrong. there was a lot of undue command influence in my investigation.

    Philip’s Answer

    You can appeal to the DASEB under certain circumstances, and your RFC also.
    You need to prepare a good package of materials to rebut.
    If you are still within the time frame to submit a response to the "filing" decision you need to get on it ASAP.

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