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Philip Douglas Cave
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Philip Cave’s Answers

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  • Who can see my military OMPF restricted file documents?

    Can employers that required top secret security clearances see my military restricted documents from the OMPF?

    Philip’s Answer

    The employer won't but the DOD CCF (Army Division) will get to see or know about a lot.
    You have many questions that require honest answers on the SF86. And the SSBI for a TS/SCI is very very intrusive.
    If there is a ding in your record, I have found that there often ways to deal with that in the SF86 or the clearance interview that can resolve or minmize records problems.

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  • There was a commanders inquiry that my chain of command ordered against my commander for making jokes for a soldier's mental

    health condition and for hazing in the Army. Can the soldier know the result of that investigation? Its been a few months and no update. What is supposed to happen?

    Philip’s Answer

    Once the investigation is complete you may be able to get a copy under the Freedom of Information Act.

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  • Is there a time after getting a DUI that they can't punish you if they haven't by that time on a military installation?

    I am a soldier who got a DUI at the gate to the installation. That was over a month ago and my unit still does not have the evidence from the PMO to start the packet for an ART 15 or chapter. Is there a certain period of time they have to do somet...

    Philip’s Answer

    Two years for Art. 15.
    Five years for Court-Martial.

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  • What can I do if the Army Board of Corrections denied my application?

    Can I make another appeal? Would it be to the Army Board of Corrections? Or would be other type of appeal? It was for promotion and backpay.

    Philip’s Answer

    Your fling in Fed. Dist. Ct. or the Court of Claims depends on what the error is you allege and whether or not it includes a money claim, and the amount involved.

    Keep in mind there is a statute of limitations. Don't wait, ask a lawyer rather than chatting here.

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  • What legal actions are possible to pursue in regulation violations, especially when CoC does nothing after being contacted?

    Despite notifying the chain of command and discussing with IG, nothing is currently being done to look into the situation in regards to violating strict policy contained in a military regulation. There has been significant attempts to seek resolu...

    Philip’s Answer

    You can file a complaint under Art. 138, UCMJ. Although some Services effectively put that in the IG column.

    You can write to your congressperson. Be careful what you write and do not share it on social media or with anyone other than the commander.

    You say "discussing with the IG," by which you mean what? You filed a complaint, or you didn't file a complaint but discussed it. The IG actions depend on whether they have an official complaint. If your local IG isn't interested you might try a higher level IG (for example DOD IG).

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  • Soldier suspended from E4 to E3. Getting paid E4, but wears the E3 rank. where is this covered in AR 600-8-19

    soldier also given 14/14

    Philip’s Answer

    Well if the suspended reduction is from an Art. 15, the person is entitled ton continue wearing the E4 rank and be paid at that rank.

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  • Under the US Constitution if a random person accuses one of a crime do they have to invoke the fifth per Salinas v Texas?

    This question isn't related to any legal issue just generally curious about the current status of the law. Salinas says people must actually invoke the privilege in voluntary non-custodial interrogation otherwise their silence can be used as evide...

    Philip’s Answer

    An interesting question.
    It's not police questioning. So the Fifth doesn't apply.
    If it's undercover, the Fifth probably won't apply there either.
    You are asking a question abut evidence rules rather than the constitutional issue of invoking the right to silence when confronted by law enforcement.
    Could a prosecutor offer a statement you made when challenged by a private citizen? So a friend or neighbor thinks you committed a crime and point-blank asks you if you did it, and you admit you did, and that comes to the attention of the police. Yes, that may be admissible as a statement of a party--you. A statement made by an accused about something relevant to the charge would not be hearsay under the Federal Rules of Evidence (FRE 801). So the question would be whether other evidentiary rules prohibit the use in trial. Could a prosecutor offer testimony about your physical reaction when confronted? Maybe so under the FRE?

    Keep in mind that a person cannot be convicted on their uncorroborated statements alone, so there would be other hurdles for a prosecutor to clear.

    A defense attorney should certainly challenge the use of the testimony. But there is a good chance it would be admitted.

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  • I am military. My wife and I are getting a mutual separation. We agreed on a few things so I can stay out of the barracks and

    continue recieving my bah and in return I cover our current bills (which also includes her bills) and nothing more for 6 months and watch the dogs until she finds a place. If an agreement is written up showing what the conditions are, will it be a...

    Philip’s Answer

    You can receive more detailed legal assistance on this from the Legal Assistance office at Fort Bragg (or Pope). They don't charge fees and should be able to help sort this out.

    The LO can help get the agreement notarized and ensure it is in a proper and legal form.

    Living off base is a matter of rank and status. You should check this with the LO first, and then possibly with the 1SG.

    That's a start.

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  • What is the constitutional jurisdiction?

    First section of the 14th amendment where it speaks about the jurisdiction thereof

    Philip’s Answer

    The 14th applies throughout the United States and applies to the States.
    Each state also has their own constitution. Sometimes a state constitution creates greater rights to a person in the state, and sometimes the State Supreme Court interprets their own constitution more favorably than the US constitution might.

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