My ex was recently honorably discharged. We have been fighting through court for the last 5 years. Can he be downgraded?

We have already been through the pretrial process for battery, which he took a 1 year no contact order and don't do anything else wrong and we'll let you off deal. During that 1 year, he has impersonated me on-line, which he is charged for ID theft, and he is charged for stalking me. We are still in the pretrial process for these charges. He was recently honorably discharged and is working toward a career in healthcare. Should I inform the military of the current legal issues? He has been collecting gov. money for school. How would I do that? Should I inform the DA? Is there anyone I can talk to? I don't want him to steal another person's ID or beat another person within an inch of their lives. I'm scared.

Media, PA -

Attorney Answers (3)

John Daniel Hafemann

John Daniel Hafemann

Military Law Attorney - Beaufort, SC
Answered

If your husband has already been discharged from the military, meaning he has his DD214 in hand, I do not know of any action you can initiate to attempt to have his characterization of service downgraded.

Kelvin P. Green

Kelvin P. Green

General Practice Lawyer - Torrance, CA
Answered

If he has been discharged the military can do nothing now. If there were domestic violence issues and integrity issues they should have been raised with the chain of command and prior to discharge... If he is in the Reserves which is often the case after active duty, these charges could affect his security clearance if he has one but you would need to know his status...

I am sorry for your situation....

This is for general information only. Nothing in this information should be construed as creating an attorney-... more
Rixon Charles Rafter III

Rixon Charles Rafter III

Military Law Attorney - Fairfax, VA
Answered

If he is discharged--he's no longer in the military and informing them of his criminal activities is likely pointless.

Sounds like he has the GI bill--something he earned for his service--if honorably discharged, he's entitled to it without regard for his civilian activities. Since he's already been charged, not sure what you would want to inform the DA of......DA apparently already knows.

NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice in the Commonwealth of... more

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