Skip to main content
Philip Douglas Cave

Philip Cave’s Answers

1,986 total

  • Can a parolee refused an imposed special condition that was not sentence by the court, which also infringes on parolee liberty ?

    I was sentence in the military court for sex offense, and was transferred to the bureau of prisons to serve the remainder of my military sentence. Recently, I was release on good time, in pursuant to military policy, and the U.S. Parole officials ...

    Philip’s Answer

    Yes. They can impose conditions. In fact those conditions might be from the military clemency and parole board. That's where you go to get a change.

    See question 
  • False sexual assualt charge, military

    I am being false accused of sexual harassment. This military lady and I had a very professional relationship, until she surprised me with this lie. Claimed i tried to touch her in her hotel room while we were TDY. Now OSI is all over me. Need some...

    Philip’s Answer

    Keep your mouth closed to anyone but a lawyer.

    Immediately go to ADC on your base.

    Get a lawyer, and remain silent.

    See question 
  • Is there a law that prohibits not finding in favor or a petitioner for fear of setting a precedent for other similar cases?

    My husband was recently discharged from the Air Force (AF) for a condition he had been diagnosed with 10 years prior. The evidence overwhelmingly supported his retention, but he was still found "guilty" and discharged. We have since appealed, an...

    Philip’s Answer

    The statement combined with a "finding" that he could safely serve certainly has the appearance of impeaching the decision to separate him.

    Talk to the lawyer who represented him in the process. If it's a military lawyer that lawyer may not be able to follow through on further steps.

    But he does need help.

    See question 
  • My 17year old son went away to Army camp training this summer, came back,& told me, he has a sexual harassment complaint

    Made against him, he said, he spoke with CID, but they didn't inform him of anything, they only told him once they are done investigating, they will let him know whether, he will be charged or not. I'm unfamiliar with Military laws,don't really k...

    Philip’s Answer

    CID is involved because of the politics surrounding sexual assault and harassment issues in the military.
    He's in a very serious situation here.
    Investigators and commanders are being told basically to believe the "victim" and punish the accused. Against this is being driven partly by politics.
    Getting a lawyer on the case quickly may help. For example and lawyer would have told him not to talk to CID or anyone in his command about the allegations.
    I suspect they also got some sort of statement from him which might amount to an admission or confession of wrongdoing.

    See question 
  • Is it possible to remove Field Grade UCMJ action records from R-fiche in an enlisted Soldier's OMPF?

    UCMJ refers to an ND (negligent discharge) and illegal use of controlled substance; both at the rank of PVT. The UCMJ actions were filed in R-fiche OMPF over 3 years ago and since then servicemember has deployed, had a promotion and maintains good...

    Philip’s Answer

    I see the Corrections Board as the only option. But not a truly viable one.
    Maybe you could put together a package similar to the kind people put through who are eligible to petition DASEB--you'd need some strong senior endorsements. It would be creative to try that.
    Actually, I'm surprised you are still in the Army and haven't been processed for separation based on the drug issue.

    See question 
  • What happens if I don't ship to basic?

    I joined the National Guard 2 months ago. I have attended one drill weekend. I have several reasons why I can't do this anymore which I don't want to post on here. I am scheduled to leave for BCT/AIT in Feburary. If I were to get my request for di...

    Philip’s Answer

    Because you have attended at least one drill, and received pay, your situation is different than many others who change their mind regardless of the reasons.
    Most states would process you for administrative separation, and possibly a discharge that is not characterized as honorable. A few states might prosecute you in civilian court under their state military law which can be different than for active duty personnel.
    If something adverse happens consider it will follow you for the rest of your life. May not seem important now but wait until you apply for a job.

    See question 
  • Is there anyway for me to get out of the military?

    I joined the military a month ago, and now I need out. There are many reasons as to why but I just need to know the basic details of what is going to happen. I live in Iowa and I am not sure if it varies by state. If they deny my discharge request...

    Philip’s Answer

    Are you in the Delayed Entry Program? If so, there is a fairly straight-forward way out. This can be done without adverse consequences, and it is a crime for recruiters to interfere.
    If you've reported to boot camp you are in the suck it up and get through it category.

    See question 
  • 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.

    See question 
  • 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.

    See question 
  • 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.

    See question