Philip Douglas Cave’s Answers

Philip Douglas Cave

Alexandria Military Law Attorney.

Contributor Level 17
  1. Why would my daughter and granddaughter not receive army medical benefits?

    Answered 9 months ago.

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

    He may have some limited VA medical benefits if he has or is later shown to have a service connected injury. But that's it. VA benefits are limited to the former service member. Families do keep benefits when a person is retired or leaves under certain early separation programs.

    7 lawyers agreed with this answer

  2. A case or not a case?

    Answered 10 months ago.

    1. Philip Douglas Cave
    2. Allan E Richardson
    3. Christine C McCall
    4. Alec Scott Rose
    4 lawyer answers

    There is a lawyer joke. Ask the same question of three lawyers each in the room with you and they will argue. Ask the same question separately and they will give you a similar answer. But, it's also not unusual to have several lawyers come to different conclusions about the merits of a case. The reasons can vary: different or incomplete facts, lack of knowledge, lack of experience, want your money, don't know and are guessing, are very good and see the forest for the trees, honest, not...

    7 lawyers agreed with this answer

  3. I am an international student, I was told at first that I could not join the military, then another recruiter told me I could.

    Answered about 1 year ago.

    1. Philip Douglas Cave
    2. Alexander Joseph Segal
    3. William Emil Cassara
    4. Rixon Charles Rafter III
    5. J. Thomas Smith Ph.D.
    6. ···
    6 lawyer answers

    Yes, if you are here lawfully and otherwise qualify you can enlist. Over the last ten years thousands of foreign nationals have been granted US citizenship using an expedited process by serving in the Armed Forces.

    7 lawyers agreed with this answer

  4. Received bcd(other) in spcm what are my options for upgrade?

    Answered about 1 year ago.

    1. Philip Douglas Cave
    2. Rixon Charles Rafter III
    3. William Emil Cassara
    3 lawyer answers

    I assume your case was affirmed on appeal. You would have up to 15 years from the date of discharge on your DD214 post-appeal in which to petition for an upgrade. It is not easy to do, especially with a court-martial conviction and BCD. Part of that will depend on what the charges were at trial, what you have done with your life since the military, and some special factors that I (and I think the Boards) look for to warrant an upgrade. Your problem my be timing probably.

    7 lawyers agreed with this answer

  5. Can the military schedule an article 32 that conflicts with the civilian and military lawyer schedule to attend the hearing?

    Answered about 1 year ago.

    1. Philip Douglas Cave
    2. William Emil Cassara
    3. Gerald Richard Healy
    4. Wojciech Zbigniew Kornacki
    4 lawyer answers

    They will have to request a delay of the hearing. There is case law about depriving an accused of his right to have civilian counsel present, even at an Article 32 hearing. If they are smart they will all agree to a reasonable delay.

    7 lawyers agreed with this answer

  6. Fraud is rampant, in fact most so called "Courts" are not Lawful Courts and "Judges" are not de jure Judges but administrators

    Answered over 1 year ago.

    1. Philip Douglas Cave
    2. James Paul Coletta
    3. Keith G Langer
    4. Konstantin Parkhomenko
    4 lawyer answers

    Interesting points. But I think you may be on the wrong site.

    7 lawyers agreed with this answer

  7. Do I have to wait to file for divorce because my husband is deploying?

    Answered over 1 year ago.

    1. Howard M Lewis
    2. Philip Douglas Cave
    3. Maureen Elizabeth Haas
    3 lawyer answers

    You can file for divorce. If he contests it then he can exercise his right to try and delay proceedings under the Servicemembers Civil Relief Act. You are required to disclose his military status as part of your filing.

    7 lawyers agreed with this answer

  8. Does a general discharge turn into a honorable discharge after you get out of the military? if so how long is the waiting period

    Answered about 2 years ago.

    1. Philip Douglas Cave
    2. Stephen P. Kelly
    3. Rixon Charles Rafter III
    4. Dennis Anthony Sommese
    4 lawyer answers

    No, a general discharge is NOT automatically changed to an Honorable Discharge. There are people who WRONGLY say that there is an automatic upgrade after six months -- that's not true. A Soldier discharged with something less than HD or a RE code less than 1 can apply to the Army Discharge Review Board. Here is a link to their website. It is not automatic. The person has up to 15 years from the date of discharge to apply. http://arba.army.pentagon.mil/adrb-overview.cfm He should...

    7 lawyers agreed with this answer

  9. Can I file to receive my spouse military retirement if we have been separated for 3 years but not divorced

    Answered 9 months ago.

    1. Philip Douglas Cave
    2. Gary Burton Port
    3. John Daniel Hafemann
    3 lawyer answers

    If by file you mean make that part of the divorce the answer is yes. VA considers military retirement an asset of the marriage that can be divided at the time of divorce, and from which a spouse can receive a marital share. It sounds like you would be a 20/20/20 spouse which means you could get payments from DFAS once the divorce was finalized. You would keep medical and commissary benefits so long as you did not remarry. But if you are not divorced and don't have some written separation...

    5 lawyers agreed with this answer

  10. Can my Honorable discharge be changed if the orders are already set in stone? And can I still be court martialed?

    Answered about 1 year ago.

    1. Philip Douglas Cave
    2. Rixon Charles Rafter III
    3. Gerald Richard Healy
    4. Wojciech Zbigniew Kornacki
    4 lawyer answers

    1. You can be placed on legal hold for court-martial prosecution. 2. Depending on how long you have left they can initiate discharge proceedings for an OTH. 3. Orders aren't set in stone. The one exception would be if you have fulfilled your complete contract, not just to EAOS. In which case the only legal hold is for court-martial. 4. If court-martialed or they want to OTH then you should look to contesting this.

    5 lawyers agreed with this answer

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