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Philip Douglas Cave
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Philip Cave’s Answers

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  • Can I purchase and wear an undecorated military uniform?

    Here's the situation: The school I currently attend will be hosting a large 50 years celebration. Our mascot is the Patriot (as in the New England Patriots) and we want to host a small presentation of everything Patriot during this event. One idea...

    Philip’s Answer

    Have at it.
    Wear with pride.
    Recommend you review some pictures of real military personnel so the actor can get the wearing right.
    The SVA doesn't cover this type of situation. It does not appear someone is impersonator a military person to gain something of value.

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  • I'm divorced, a military retiree and receive VA disability. Can my ex get more than 50% of my DISPOSABLE retired military pay?

    I have a VA disabled rating of 40%. The amount of my disabled VA pay reduces my actual military retired pay. The Uniform Services Former Spouse Protection Act (USFSP) states an ex spouse can receive up to 50%, which she qualifies, of my disposable...

    Philip’s Answer

    As Mr. Early suggests. There are ways that a marital share can also come from disability payments.

    It would be a good idea to visit your local military legal assistance office. As a retiree you qualify for free legal assistance. They may be able to help you work out the best arrangement. If they can't they will have a list of local lawyers who are familiar with military divorces and benefits.

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  • How can I find a civilian military lawyer that works with Officers Unqualified Resignations?

    Should I hire a military attorney that is near my area for these type of cases?

    Philip’s Answer

    You can ask any of us who specialise in military law.
    You can search AVVO for names.
    We all travel as necessary to help clients. Sometimes the nature of the issues are such that email, phone, and fax can work out fine.
    It depends what it is you are trying to do on what can be done or how you can be helped.
    Are you in an investigation for misconduct? Are you being processed for administrative elimination? Are you wanting out?

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  • Can I make an appeal to the VA to get GI Bill benefits with a General discharge? What are the odds?

    How that works?

    Philip’s Answer

    Which benefit are you seeking. That makes a difference.
    You need an honorable for a home loan or education money.
    If you have a prior HD you can use that.
    You can petition the discharge review board for an upgrade. That is tough to do.

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  • Can evidence used in an NJP in the military be used by the medical board in filing an accusation? I was not convicted...

    I'm a doctor (MD) and was a Navy lieutenant for 5 years. I accepted NJP over possible court martial in the Navy for an alcohol related incident where I was charged with being under the influence at work and a BAC level of .10 was taken. This BAC...

    Philip’s Answer

    Yes.
    It is not a conviction.
    However, there are various questions on the Board applications and review which deal with matters such as crimes and also matters affecting your performance.
    This is likely something you have to disclose and then address with the boards.
    What you don't mention is whether any adverse credentialing action was taken which ended up being reported.

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  • How do you get a court appointed lawyer?

    I don't have any kind of legal defense council my court date is in 2 weeks, I don't want a public defender, because they just work with the district attorneys in Mt city... so I want a court appointed lawyer, how do I go about getting one??

    Philip’s Answer

    In general, the public defender office is the "court appointed" lawyer.
    If you do not qualify according to PA rules and law you hire one.
    If you don't want a public defender you have the option of hiring one.
    But I'd defer to a PA lawyer to answer whether PA has an alternative method of appointing (free?) counsel where there is a real conflict of interest.
    At a minimum, you should consult with a lawyer in your area to avoid waiving rights or appearing without counsel. Check with your state bar association or perhaps a local bar association for a potential list of lawyers who offer low fees or pro bono services.

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  • Is there a conflict of interest if the prosecutor's investigator is having relations with my cousin?

    I have recently discovered that my cousin whom I live with has been having a sexual relationship with the investigator for the prosecutor's office. There are currently two cases pending against me. I happened to have her tablet (with permission) a...

    Philip’s Answer

    I rhink Mr. Cameron offers good advice.
    It seems to me that there is certainly the potential for bias if the investigator becomes a witness. I suspect the IN rules of evidence have something similar to the federal rules and of all states which allow impeachment of a witness by showing bias or a motive to lie. That might be one of the "frogs" Mr. C. alludes to. In which case there's a tactical consideration.
    I'd be interested in knowing whether the prosecutor is aware of this as well. Does the prosecutor know and condone? Could that be a frog which has the prosecutor croaking in court when challenged?
    But, best to follow your lawyer's guidance.

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  • Attorney misconduct

    Regarding possible attorney misconduct- I know that I can report this incident to the bar association, but am wanting to know if it is worthy of reporting-from an ethical or other point. And 2nd question, what is the likelihood of consequences for...

    Philip’s Answer

    I do security clearance cases so I'm familiar with the process of addressing, rebutting, or contesting a denial/revocation.
    An attorney can submit papers on behalf of the client/applicant.
    In that submission, as I often do, the attorney can attach statements of the client or explain what the client wants to say to the CCF.
    The attorney may make reasonable assertions based on the "facts" told by the client or others, or based on physical evidence.
    I'm not sure this is a case of the attorney lying. Rather it may be a case of the reliability of what he's being told and from which he prepares a presentation. Of course, if the attorney knowingly makes a false representation that's wrong and subject to potential disciplinary action.

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  • How can defeat an admin separation

    I am being processed for admin separation for a pattern of misconduct. 1st njp was drinking underage and larceny for breaking a lock. to give people back there stuff from a guy that was being kicked out for spice. the 2nd njp was drunk and disorde...

    Philip’s Answer

    Based on the above they can process you for a pattern of misconduct as well as commission of at least one serious offense.
    It depends on what type of discharge they are seeking. If it is a General, then your rights are limited to submitting a written statement to the separation authority requesting retention or an Honorable. If they are seeking an OTH, then you would have the right to a board hearing at which you could be represented by a military law at no cost or hire a civilian. You might be able to negotiate a board waiver, but you'd need a lawyer's help to do that.
    If you are at Cherry Point, Lejeune, you have a legal office there that can be consulted.

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  • Does an other than honorable discharge show up on a background check, criminal background check, etc

    i recieved an oth 3 years ago and im about start nursing school. i will disclose my oth, i am just curious if it will pop up on a check. The reasoning for my oth is not relevant to anything nursing.

    Philip’s Answer

    The OTH won't normally. But if there was a CID investigation and you got Titled, that will possibly show up as an arrest (and that's where your OTH might show up).
    I've advised a number of providers about these issues, primarily for licencing and credentialling. The bottom line is to be honest and be prepared with a credible explanation of the underlying reasons for discharge, what you've done to ensure something similar never happens again, etc.

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