Philip Douglas Cave’s Answers

Philip Douglas Cave

Alexandria Military Law Attorney.

Contributor Level 17
  1. Can the army with hold disabilty payments

    Answered over 1 year ago.

    1. Stephen Laurence Hoffman
    2. Michael Lynn Walker
    3. Philip Douglas Cave
    4. Wojciech Zbigniew Kornacki
    5. Judy A. Goldstein
    6. ···
    6 lawyer answers

    It sounds like there MIGHT be an issue of service connected injury. Would need to know a lot more facts. It does sound odd that they did not do a Medical Evaluation Board. His DD214 is the document he needs to go to the VA regarding medical care, assuming they gave him and honorable discharge. You need to talk with a lawyer who is familiar with military law, VA entitlements, and Records Correction issues.

    6 lawyers agreed with this answer

  2. Cleared of charges in civilian court and now military wants to charge me with the same.

    Answered almost 2 years ago.

    1. Philip Douglas Cave
    2. Stephen P. Kelly
    3. William Emil Cassara
    4. Rixon Charles Rafter III
    5. Wojciech Zbigniew Kornacki
    5 lawyer answers

    1. The military is allowed to prosecute you at court-martial for the same charges. There is no double jeopardy because this was a state prosecution, now this is a military (federal) prosecution. 2. It sounds like you may have a defense. 3. Normally this might be a situation where it is best to refuse Article 15 and ask for a court-martial. However, that's a decision you should make after all the facts are properly evaluated by a lawyer. 4. Make an appointment with TDS to talk with one...

    6 lawyers agreed with this answer

  3. Can the army discharge a soldier for getting a DUI but not being convicted for it?

    Answered almost 2 years ago.

    1. Rhidian David Watson Orr
    2. Ann Toney
    3. Christopher Daniel Leroi
    4. Philip Douglas Cave
    4 lawyer answers

    Yes they can. They do not need a conviction to process you for a "serious offense." If they try to give you an OTH you should contest that at a board hearing -- talk to TDS at Fort Carson. If they try to give a GD, then you only have the right to submit written rebuttals, again talk to TDS at Fort Carson.

    6 lawyers agreed with this answer

  4. Is it legal for the military to conduct an investigation of off-post activity of a person?

    Answered almost 2 years ago.

    1. Philip Douglas Cave
    2. John E. Whitaker
    3. William Emil Cassara
    4. Rixon Charles Rafter III
    5. Charles Gregory Schierer
    5 lawyer answers

    If the person is a military member, yes. If they want to search off-post then they need consent or a CIVILIAN search warrant.

    6 lawyers agreed with this answer

  5. My boyfriend is in the Navy and is almost divorced. His ex is living with new boyfriend can he have sex with me without punishme

    Answered almost 2 years ago.

    1. Philip Douglas Cave
    2. John E. Whitaker
    3. Dave Hawkins
    4. Thuong-Tri Nguyen
    5. William N. Chambers
    6. ···
    6 lawyer answers

    In the Navy adultery is considered an offense under Article 134, UCMJ. However, in the late 1990's they changed the "policy" on who would or wouldn't be prosecuted at court-martial or in an administrative disciplinary hearing. Now the factors to consider are what effect if any is there on good order and discipline are is the situation "service discrediting." What that generally means is that the military is most concerned with situations where the people work together or in a supervisory...

    6 lawyers agreed with this answer

  6. My son did not register with selective service when he turned 18 (somehow, we just let it slide). He just turned 25.

    Answered about 2 years ago.

    1. Philip Douglas Cave
    2. Stephen P. Kelly
    3. Dave Bahr
    3 lawyer answers

    Late registrations are accepted, but not once a man reaches age 26. You have time, get it done. http://www.sss.gov/when.htm

    6 lawyers agreed with this answer

  7. Can i tell the marines that i have never saw a psyhciatrist when i actually did for A.D.D.

    Answered over 2 years ago.

    1. Rixon Charles Rafter III
    2. Philip Douglas Cave
    3. Christine C McCall
    4. Stephen P. Kelly
    4 lawyer answers

    No, this would be a fraudulent enlistment prosecuted under Article 94, UCMJ, if discovered. ADD and associated treatment can a disqualifying condition unless it "resolved" before age 12, and /or you have not been on medication for 12 months prior to enlistment.

    6 lawyers agreed with this answer

  8. Is there anyway my husband could get sent home early from Deployment?

    Answered over 2 years ago.

    1. Philip Douglas Cave
    2. Deanne L. Bonner Simpson
    3. Rixon Charles Rafter III
    3 lawyer answers

    He can submit a request for extended leave, or potentially a humanitarian re-deployment. However, this is rarely granted in his situation. The circumstances for you at home would have to be very extraordinary and well documented for him to have a chance. Absent the extraordinary nature of the medical concerns they would view his request along the lines of "lots of people have family problems, why is yours different."

    6 lawyers agreed with this answer

  9. How do i get my rights back to an administrative board if i previously waived them. this is concerning military law mostly....

    Answered over 2 years ago.

    1. Philip Douglas Cave
    2. Matthew Gregory M. Watson
    3 lawyer answers

    You have to put in a request. It is up to the discretion of the command whether or not they will let you revoke your waiver. Get with military defense counsel ASAP. Somewhere in your notication letter it says that.

    6 lawyers agreed with this answer

  10. Can an officer and witness (an informant) testify against me if they were sexually involved?

    Answered almost 2 years ago.

    1. Philip Douglas Cave
    2. Joseph Aragon
    3. Harry Edward Hudson Jr
    3 lawyer answers

    They can testify. There may be issues about credibility, especially if there is evidence of "planting drugs." Get a good criminal defense lawyer from that area. It's quite possible H/she knows the officer and his history if they do a lot of drug cases in town.

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