Philip Douglas Cave’s Answers

Philip Douglas Cave

Alexandria Military Law Attorney.

Contributor Level 17
  1. I was charged for Soliciting prostitution and it was no contest because I came to an agreement and this is my First offense ever

    Answered 4 months ago.

    1. Patrick L. Bales
    2. Philip Douglas Cave
    3. Phoenix Shannon Michele Ayotte Harris
    4. Matt Clay Pinsker
    5. Jay Scott Finnecy
    6. ···
    7 lawyer answers

    You are going to have problems with your clearance regardless of any expungement, deferred judgment or anything similar.. Also, you are going to have problems with being retained in the Army regardless of any action to drop the charges. Also, if your command does not know about this because you haven't told them you could also be in trouble for an orders violation once they find out.

    6 lawyers agreed with this answer

  2. How do I get a article 15 removed from my records for background check purposes?

    Answered 10 months ago.

    1. Philip Douglas Cave
    2. Gerald Richard Healy
    3. Kelvin P. Green
    3 lawyer answers

    You would have to petition the board for correction of records for removal. There are time limits (three years) that apply, but there can be arguments for waiving the time limit. Also, on the clearance, if you were denied a clearance you should take the opportunity to appeal and have a hearing with a DOHA judge. An article 15 is NOT a conviction. However, on the SF86 you are required to disclose it if within the relevant time frame. You also may want to consider looking at CID records if...

    6 lawyers agreed with this answer

  3. What recourse does my son have against the army for failure to treat a back injury?

    Answered over 1 year ago.

    1. James Donald Garrett
    2. Philip Douglas Cave
    3. Christian K. Lassen II
    4. Rixon Charles Rafter III
    4 lawyer answers

    He is barred from suing the military based on the Feres Doctrine. He needs to be talking to a Patient Advocate at the hospital, filing an IG complaint, and communicating with his Congressional delegation.

    6 lawyers agreed with this answer

  4. Do any Prosecutors or Judges show leniency for 1.2 DUI, I am a 16 year Army Veteran with an excellent military record

    Answered over 1 year ago.

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

    The courts generally take a lot of factors into account when it comes to sentencing. Also, the prosecutor might be persuaded in terms of how she approaches the case. These are matters that I'm sure your attorney will explore. The prosecutor will have access to your driving record and your records, and so it's possible the prosecutor will find this information. Normally, the Army waits until the civilian court has finished before taking a decision on whether to retain you on active duty or...

    6 lawyers agreed with this answer

  5. Is there any way i can expedite my citizenship in order to become a military officer?

    Answered over 1 year ago.

    1. Philip Douglas Cave
    2. Kelvin P. Green
    3. Brian David Lerner
    4. Rixon Charles Rafter III
    5. Giacomo Jacques Behar
    6. ···
    6 lawyer answers

    I asked that very question in 1978, and I was married to an American. Was told there was nothing. There was not the enlistment option then, described a little by Mr. Green. I think there is a little something to be said for some enlisted time making for a better officer. Officership takes time, experience, and guidance to have.

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. UCMJ chapter 10 in lieu of special court marshal?

    Answered over 2 years ago.

    1. Philip Douglas Cave
    2. Douglas L Cody
    2 lawyer answers

    Once charges are preferred you will get an appointment with TDS on post. They will discuss with you a Chapter 10 in lieu of trial by court-martial. That written request is forwarded by your commander to the general officer/general court-martial convening authority for your post, who will approve/deny. If approved then you will be separated with an OTH. Whether or not it is approved will depend on several factors: length of absence, surrendered or arrested, quality of service before the...

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. My husband failed his ua for marijuana n September. They gave him 45 extra duty and an article15,

    Answered almost 3 years ago.

    1. Philip Douglas Cave
    2. Rixon Charles Rafter III
    2 lawyer answers

    Under current rules it is mandatory for him to be processed for separation based on drug abuse. However, the separation authority can decide to give him one last chance and remain. That's going to be hard to do in today's environment. The Army is down-sizing, that means they are taking every opportunity to kick people out. He should speak to the defense lawyers at TDS about this ASAP.

    Selected as best answer

  8. What type of discharge would I most likely receive if I transfer from Active Duty to reserves prior the end of my contract?

    Answered 5 months ago.

    1. Rixon Charles Rafter III
    2. Philip Douglas Cave
    3. Cheryl L Van Ackeren
    4. Patrick J. Mclain
    4 lawyer answers

    See Mr. Rafter's response. I would add, that should the Army agree to allow you to transfer to the Reserves then your separation from active duty would be on good terms agreed to by the Army. Therefore you should receive an honorable discharge. Less than honorable discharges are usually issued when the person is being separated for misconduct or unsatisfactory performance. There are some provisions which allow for early release. You might want to talk to a medical officer recruiter for...

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

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

    Answered 9 months 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

    1 person marked this answer as helpful

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

    Answered over 1 year 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.

    Selected as best answer

Call now for a free consultation.

703-298-9562