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Philip Douglas Cave

Philip Cave’s Answers

1,911 total

  • Can my NCOER not be completed due to an on going investigation?

    My NCOER was due this month but my Chain of Command has refuse to complete it as they say "due to investigation". When I read the regulation, it says that my NCOER should not be held up due to an ongoing investigation if the investigation is not c...

    Philip’s Answer

    They can close out the NCOER, but then if the investigation is substantiated later, they can do another NCOER, adverse, to document the underlying misconduct.
    Also, there are potential adverse consequences other than an NCOER--Art. 15, court-martial, letters of reprimand.
    Sounds its time to get help now rather than wait.

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  • I received a GOMAR. I was mentioned in a 15-6 and never contacted or interviewed by the Investigating Officer. Did not know.

    Received a GOMAR by a MG. Stating it was based upon a "potential Anti-Deficiency Act" violation. A fellow officer was under a 15-6 and I was mentioned by the Investigating Officer that I may have committed an ADA. I was never interviewed or que...

    Philip’s Answer

    You have a set period of time to submit a written rebuttal to address the filing decision.
    You can ask for extra time depending on the circumstances.
    You can ask the GOMOR be dismissed, filed locally, or in your restricted fiche.
    It's important to put together a good package so that the lawyers at MDW will have something solid to review.
    Having an "expert" opinion might be one of the helpful things you could put in your rebuttal.
    Time is of the essence.

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  • Can I lose my security clearance if I go to inpatient treatment?

    I am in the military and would like to know what are the possibilities of losing my secret clearance if I go to inpatient treatment. I really need to to take care of myself before I do something I regret but do not know if I will lose my security ...

    Philip’s Answer

    Please get treatment now.
    Under the Adjudicative guidelines your lawyer can argue that seeking treatment and carrying out treatment is a mitigating factor.
    There are many factors looked at under the "whole person" concept, that losing it for this reason is not a done deal.

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  • How do I find a legal ghost writer for a breach of contract lawsuit that I'll be filing by myself.

    How do I find a legal ghost writer for a breach of contract lawsuit that I'll be filing by myself.

    Philip’s Answer

    You might also check for documents filed at the court for cases similar to yours.

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  • I privately paid lawyer to represent my son, found out on the Pacer account he is a CJA appointee.

    After I paid a large sum to an attorney, who stated his fee wouldn't be more than what I pre-paid, I found out that he has received/applied as a CJA appointee. Is this normal/legal procedure? If not any recommendations.

    Philip’s Answer

    Attorney's can be on a "list" such as you indicate.
    The list you refer to is likely one for appointment of counsel to an indigent person. Each jurisdiction has criteria for how a person is classed as indigent and therefore unable to afford counsel. If the court or plan administrator finds the person qualifies, the counsel is appointed from that list and paid by the state or federal government.
    If the person does not qualify, then like your son, counsel has to be retained.
    Now if he is receiving CJA money specific to your son's case, that MIGHT be a different situation.
    I"m not familiar with how CT does it, so you should talk to the person who might best explain.
    Talk to the attorney and clarify your concerns.

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  • Military - Residency Issue

    I am in the military stationed overseas and my spouse is with me. We are getting a divorce but I am having trouble with determining where to file. Prior to moving overseas, we lived together in Augusta, GA for 7 months. Can I file in Georgia even ...

    Philip’s Answer

    Is this an agreed course of action, and no children involved.
    You should talk to your base Legal Assistance Office. They have attorney's who can work with you to get better answers to your questions. They can't represent in any proceedings, but there's a lot of document drafting-such as separation agreements-that they can help with at no cost.

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  • A General Manager for College Pro Painters reneged on a verbal agreement to award my 20 y.o. son a franchise.

    A General Manager for College Pro Painters reneged on a verbal agreement made on 3/20/15 with my 20 y.o. son to award him a franchise in Connecticut, citing a miscommunication between he and his Vice President. The verbal agreement was made in CT...

    Philip’s Answer

    As the previous comment advised-talk with a CT lawyer about this.
    CT law may require such contracts to be in writing to be enforceable. Or that might be some provision that allows for recovery of actual losses due to a revoked verbal contract when you have taken action in good faith to execute your part of the contract.
    This is all maybe, which is why it might be worth an hour of an attorney's time to get some more definite answers. Some attorney's give a free initial consultation which might serve to answer your questions.

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  • How do i resolve a old fine issue in the state of illinois, while i reside in alabama

    Im trying to get my licence after twenty five years.

    Philip’s Answer

    You might want to search AVVO for a lawyer in Illinois who does traffic cases.
    It might be something that can be cleared up by paying the fine.

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  • What kind of attorney do i need for litigation to overturn the void judgment

    my probation was revoked and there were due process violations i.e., admission of a polygraph and no preliminary hearing on a tech violation

    Philip’s Answer

    A lawyer in the Tidewater area-search on AVVO-who does criminal cases and appeals. Look for one who does both if possible because they'd be the most likely to have experience in these matters and knowledge of the rules and likely outcomes.

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  • My attorney filed a withdrawal. Dont I have to be notified?

    My attorney filed to withdraw from my divorce case. It says filed by petitioner, I thought that was me. Don't I have to be served or someway notified? Can I get a copy of the request to see what it says?

    Philip’s Answer

    Good practice would suggest that the attorney discuss this with you at the time and, yes give you a copy. As one other commentator notes, perhaps this is something automatically done depending on where your case is in the process.
    Contact the attorney and inquire about what's going on.

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