Philip Douglas Cave’s Answers

Philip Douglas Cave

Alexandria Military Law Attorney.

Contributor Level 17
  1. 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

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

    Answered about 1 year 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

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

    Answered over 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

  4. Can a Bad Conduct Discharge from the United States Navy ever be upgraded? Was discharge in may 1999...

    Answered over 1 year ago.

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

    Yes, you can apply to the Naval DRB up to 15 years from the date you received the DD214. The NDRB is one of the hardest boards to get success.

    5 lawyers agreed with this answer

  5. Married military man who had affair, what's next

    Answered almost 2 years ago.

    1. Philip Douglas Cave
    2. John E. Whitaker
    3. William Emil Cassara
    4. Chayah Skye
    4 lawyer answers

    You may not have gotten in so much trouble about the adultery. But it appears they may now have some evidence that you lied in an official statement. This is what can be a classic, "it's not the crime but the cover-up" that gets the person into more trouble than might have been if you had exercised your right to silence. At a minimum I'd expect them to be seeking an Article 15, possibly even a court-martial. You mention "graphic pictures." How were they sent? If sent over a military AKO...

    5 lawyers agreed with this answer

  6. Are legally married service members allowed to have open relationships ? Or is it considered "adultery"

    Answered 3 months ago.

    1. Philip Douglas Cave
    2. Kelvin P. Green
    3. Maria Sara Lowry
    4. Dorothea Elaine Laster
    5. Jason Thomas Kercheval
    6. ···
    6 lawyer answers

    Yes, under Article 134, UCMJ, this would be considered adultery. Whether it would be prosecuted, or there be some administrative discipline is a different question. To try to figure our your jeopardy, it would be useful to review the Manual for Courts-Martial. Go to page IV-103, and see the criteria that are used when considering action for adultery. http://www.loc.gov/rr/frd/Military_Law/pdf/MCM-2012.pdf

    Selected as best answer

  7. Is it against military law for active duty service members to operate their own business on the side?

    Answered about 1 year ago.

    1. Philip Douglas Cave
    2. William Emil Cassara
    3. Harris Justin Brumer
    3 lawyer answers

    It can depend at times on the business. Also check your service regulation on whether you need permission similar to rules on moonlighting.

    Selected as best answer

  8. Is there an area of law, named administrative law,that concerns itself with a medical professionals reputation (emphasis added)?

    Answered 7 months ago.

    1. Philip Douglas Cave
    2. Christine C McCall
    3. D K Kevin Dugan
    4. Craig Marc Rappel
    4 lawyer answers

    Confusing. Administrative law would deal with administrative hearings such as those where a medical care provider is being recommended for a loss of licence or limits. But "administrative law" is a generic phrase to cover the practice and procedure before an agency, for example a licencing agency.

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. If you're in the military and accused of a crime do you have the right to know who the accuser is?

    Answered 10 months ago.

    1. Philip Douglas Cave
    2. William Emil Cassara
    3. Steven P. Shewmaker
    4. John Daniel Hafemann
    4 lawyer answers

    Retaliation for using the IG, Congress, or Art. 138 is a crime, and is prohibited by statute. You should monitor for this and it can be a separate cause for complaint. It is not unusual for investigators in the very early stages to disclose little about a complaint. At some point they will have to disclose the full nature of the accusations. Until then you should remain silent and not make any statements to anyone about this, and you should get a lawyer and tell the investigators/command...

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. The point everybody misses is the the 2nd Amendment was created so citizens could defend themselves ...

    Answered over 1 year ago.

    1. Zachary Douglas Mayo
    2. Robert Pecco Baker
    3. John Paul Thygerson
    4. Rixon Charles Rafter III
    5. Christopher S Ison
    6. ···
    6 lawyer answers

    Yes and no.

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

Call now for a free consultation.

703-298-9562