Stephen Hayes Carpenter JR's Answers

I had a friend charged with 18 USC 113 Assault within maritime and territorial jurisdiction.

Actually your National Guard friend may still be subject to court-martial. When a member of the Guard has been ordered to active federal service with the consent of the state, the period of service subject to court-martial jurisdiction includes any extensions of such service authorized under the Manual for Courts-Martial or other applicable rules and regulations, regardless of whether the state formally consents to the extension of a particular individual. United States v. Self, 13 M.J. at 135....

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How does the military view infidelity by a married military officer? From this act, a child was born.

The Army does not look kindly on adultery, but ultimately the decision as to whether or not to prefer charges will rest in the hands of his command. If the officer faces a court-martial, and is convicted, the maximum sentence is a dismissal (dishonorable discharge), one year of confinement and total forfeiture of his pay and allowances. According to Army Regulation (AR) 600-99, the officer will also be required to pay child support if two conditions are met. First, paternity is established by...

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What are the consequences of a general discharge from the military

You will lose your GI Bill, all educational assistance (See, e.g. 38 United States Code 3011) and all civil service retirement credit. The good news: a general discharge is a "honorable discharge". However, as a E-7 I would request a board!

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I'm AWOL from the Army and scared,What do i do?

The best thing to do is contact a civilian attorney who specializes is military law in the state where you are posted. He can then contact your chain of command to see if they intend to chapter you, court-martial you or simply give you NJP. Typically, the maximum sentence for a AWOL (Art. 86) is directly tied to how long you were gone for: more than 30 days? 1 year plus BCD/DD; more than 30 days plus terminated by apprehension? 18 months plsy BCD/DD etc. Often times your rank, duty performance...

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DUI Fort Lewis

You will be provided with Trial Defense Counsel (TDS) counsel after your "first" reading of the article 15 with your commander. You may hire a civilian lawyer, but that will be at your own expense. Typically, unless the case is a great case, and you turn down the article 15, a civilian lawyer might not be worth the cost.

I was discharged from Navy with OTH in 2003. Im tring to get into Army. Is there anyway to do so?

You may request an upgrade of the characterization of your discharge, a revision of the narrative section of your DD-214 and a change in your reenlistment code from a RE-4 (may not reenlist) to RE-1 (reenlistment eligible). Unfortunately, the statute of limitations to file for relief with the Navy Discharge Review Board and the Board for the Correction of Naval Records is three (3) years after your discharge. You can still make a request for relief, but you will have to show a "grave...

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Im in the Air Force and just received an Article 15 (non judicial) for smoking the substance spice. What to do?

First and foremost, I strongly urge you to speak with a military or civilian defense lawyer about your various options, as "every" case is different, and the below information is meant for general consumption, and it's not offered as legal advice. The prosecution of ""spice"" cases, as one prominent forensic toxicologist recently told me, presents a “bit of a moving target.” Indeed, currently there are no scientifically reliable methods to test for spice. The difficulty is tied to its...

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Im in the Air Force and just received an Article 15 (non judicial) for smoking the substance spice. What to do?

First and foremost, I strongly urge you to speak with a military or civilian defense lawyer about your various options, as "every" case if different, and the below information is meant for general consumption, and it not offered as legal advise. The prosecution of ""spice"" cases, as one prominent forensic toxicologist recently told me, presents a “bit of a moving target.” Indeed, currently there are no scientifically reliable methods to test for spice. The difficulty is tied to its...

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Can I sue the military for wrongful termination / discharge as a civilian?

If you indeed received a "involuntary" discharge you most likely have three legal options. You may apply for relief to the Naval Discharge Review Board (DRB), the Board for Correction of Naval Records (BCNR) and/or the United States Court for Federal Claims (CFC). Typically you must first exhaust your so-called "administrative remedies" (by applying to both the DRB and BCNR) before you can file suit in federal court. If you are seeking back-pay, constructive service credit (retirement) and...

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Selective service

To check your registration, you can either call the Selective Service Line at (847) 688-6888 or go directly to the Selective Service website at http://www.sss.gov/ and select "Check a Registration."

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