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Philip Douglas Cave

Philip Cave’s Answers

1,994 total

  • Can a TS clearance reveal a dismissed infraction?

    Hello I am trying to get Into the navy nuclear program which currently isn't accepting waivers for marijuana use. I was given a ticket for possession of marijuana while driving in California which is an infraction. I was never arrested or fingerpr...

    Philip’s Answer

    Yes. There are questions on the SF86 clearance application specific to drug issues. Look at it closely.

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  • A call from a lawyer saying he/she represent the other party, question

    is it an acceptable practice for a lawyer to the other party stating he/she represents the defendant when in fact he/she had not yet been retained by the other party?

    Philip’s Answer

    Depends on the circumstances. And it's a matter between the lawyer and the client whether or not they have a ongoing relationship.

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  • Need a military lawyer who understands Army National Guard Technician Program.

    I was discharged in April 2008, and was not seen by a MEB (medical evaluation board) which is not by regulations! I know that I have a great case, just need a good attorney who knows military law!

    Philip’s Answer

    The rules can be complicated when there are medical conditions and other issues.
    For example, if a person is facing misconduct and medical issues the general rule is that misconduct processing can trump MEB processes already underway.
    So part of the issue is knowing why you were discharged. There would be other facts to develop before considering an ABCMR petition.

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  • I was kicked out of the Army and then reinstated. While I did not serve during two years, I had my date of rank adjusted by the

    Army Board of Corrections. I did not serve during 2013 and 2014 but my date of rank was backdated to 2013. Do I have a case if I want to appeal through the federal court to receive backpay for those two years that I lost due to being unjustly kick...

    Philip’s Answer

    Isn't this a same question from some months ago?

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  • Do I need a lawyer for an Article 15?

    I have a Article 15 with the General next week. I am a Captain with 6 years. I am going to accept it. My co-accused hired a civilian lawyer. I think it’s a waste of money since I am guilty. Is there a point to having a lawyer for an Art 15? I just...

    Philip’s Answer

    How you present your case at the Art. 15 will affect the punishment, and most importantly how you are dealt with after.
    In this day and age an Art. 15 for an officer is most likely going to be followed by an adverse evaluation, and administrative elimination actions. The quality of the discharge will be important in the future.
    There is no guarantee any lawyer civilian or military can improve your situation. We've all had cases where we have been able to help and cases where it didn't seem to make a difference.
    But, it's the collateral consequences from the Art. 15 that are also going to be significant and may need help with navigation.

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  • NCIS wants to talk to me what should I do?

    I’m in the military (Navy) and my friend got into trouble with marijuana and NCIS wants to talk to be. I think he gave them my name. I didn’t do anything wrong so I don’t know why they want to talk to me.

    Philip’s Answer

    They want to talk to you as a potential witness.
    You should be careful. You don't know what your "friend" said. It would not be unusual for a "friend" to dump on other friends as a way to reduce their punishment.
    If you knew about your friends alleged drug use, that may, I say may, be problematic.
    Better to go in there to tell them you have a lawyer and they should talk to that lawyer first.

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  • Someone with military understanding would be helpful (UCMJ/Lautenberg Amendment).

    Does the Lautenberg Amendment apply to SM who have a MP file that state "opinion that sufficient probable cause exist to believe that XX and XX committed the offense." The offense is listed as Domestic - Simple Assault - Consummated by a battery (...

    Philip’s Answer


    It's not a conviction, merely the MP investigator "founding" the allegation for investigative purposes.

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  • General letter of reprimand. Board forund for Retention. GOLR remains in OMPF and prevented promotions, Now retired.

    The GOLR was drafted based on false testimony and retention board cited this as reason for retention. I several had promotion board(s) to MAJ (04) but GOLR in OMPF has prvented it. "appeal remedies are exhaused...option to seek relief in court..."...

    Philip’s Answer

    Before you go further you would need to know when the ABCMR acted on your last petition.

    There are time limits for filing in court. It may be you are outside the statute of limitations.

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  • 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.

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  • 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.

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