Kenneth James Phillips’s Answers

Kenneth James Phillips

Clarksville Military Law Attorney.

Contributor Level 3
  1. Can a court martial "un-do" a retirement?

    Answered 12 months ago.

    1. Scott Russell Shinn
    2. William Emil Cassara
    3. Philip Douglas Cave
    4. Philip S. Reutlinger
    5. Kenneth James Phillips
    6. ···
    7 lawyer answers

    When I was a Trial Counsel with 2nd Brigade, 101st Airborne Division, I was able to pull a Soldier back onto active duty from a medical retirement based on fraudulent discharge. Seek a competent Military Law Attorney's advice.

    2 lawyers agreed with this answer

  2. My Son was put under "order of protection" by his x-wife appx. 1 1/2 years ago -it is due to expire in November 2013.

    Answered almost 2 years ago.

    1. Alexander Joseph Segal
    2. Kenneth James Phillips
    2 lawyer answers

    If the Order of Protection is due to expire, his ex-wife may try to have the Order extended. He needs to consult and attorney to see if there was ever a finding of fact on the underlying Order.

  3. Does a congressional inquiry result in any substantive action?

    Answered almost 2 years ago.

    1. John Daniel Hafemann
    2. Wojciech Zbigniew Kornacki
    3. Kenneth James Phillips
    3 lawyer answers

    A congressional inquiry can be an effective way to draw attention to a legal issue. The military service is not supposed to receive any adverse action for using the inquiry system. Generally though, the congressional will result in some bad feelings from the Chain of Command. I generally direct my clients to file congressional inquiries as part of a coordinated plans. They do not seem to be effective as the only means of attack.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  4. Can an Other Than Honorable Discharge be upgraded later if it was for failing the APFT and Height/Weight?

    Answered almost 2 years ago.

    1. Philip Douglas Cave
    2. William Emil Cassara
    3. Stephen P. Kelly
    4. Alan A Fowler
    5. Kenneth James Phillips
    5 lawyer answers

    Regardless of the reason for separation, the Soldier may apply to the Army Discharge Review Board to have his OTH upgraded. The application can be found online at their website.