I was discharged with a general under honorable a special court-martial and a six-month confinement order for UCMJ article 92, 107, and 121. The reason for separation is misconduct with serious offense in parentheses. Does this all constitute as a...
This is a complicated area of the law. First, unlike the civilian world, the UCMJ does not classify crimes as either felonies or misdemeanors - all crimes under the UCMJ are simply "Offenses."
As Phil Cave suggested, if you were convicted by a Special Court-Martial and sentenced, most likely any backgraound check that cross-references federal convictions such as the NCIS, will show the conviction.
Lastly, for a definitive answer on whether or not Ohio would treat the offenses which you were found guilty of as felonies, you need to contact an Ohio Criminal Defense lawyer, who also has some working knowledge of military criminal law. I would contact the Ohio Association of Criminal Defense Lawyers [(800) 443-2626] to see if any of their members near Columbus have military law experience. It will then depend on how Ohio's statutes apply out-of-state or federal convictions. Each state is slightly different so there is no general answer. For examply, is there an equivalent state crime, e.g., larceny over $1,000.00, that equates to the offenses you were convicted of that is a felony, Ohio then might consider you to be a felon. But, not all states count Special Courts-Martial, which is why you need an expert in Ohio Criminal Law.
Good luck!See question
service member had never been to NJP and 4 years into his career tested positive for THC. Requested court martial but was denied and at the ADMIN Board it was decided that he will be discharged with an OTH. Sustained injuries in the line of duty w...
You need to contact a VA benefits attorney or authorized representative, as your eligibiliy for service-connected benefits encompasses many factors, to include your discharge. I would contact the Disabled American Veterans [DAV], which is an authorized and recognized VSO = Veterans Service Organization ASAP. They will assist you in gathering the necessary paperwork and filling out a VA Benefits Claim, for FREE. Contact your local office at:
VA Regional Office
1700 Clairmont Road
Decatur ,GA 30033
Ask to speak to any DAV Claims Representative.
Good luck to you.See question
I am a probationary officer looking for a military civilian lawyer that can assist me in submitting an officer elimination packet rebuttal. I have been having mental health issues but my command has ignored them. The reason for elimination is misc...
No responsible lawyer can properly answer your questions based upon the limited facts you've provided, and since this is a public forum, you were wise not to have gone into any more detail. However, questions that must be answered include (1) are they claiming that your mental health issues aren't serious enough to merit referral to a PEB; (2) what, if any, mental health diagnosis did they give you; (3) are they claiming that your mental health issues were pre-existing to your being commissioned; (4) the nature and circumstances of the alleged "misconduct;" (5) the language in the GOMOR and your response, etc. As my friend and colleague Mr. Cassara noted, you need to contact a lawyer to provide those details so your matter can be investigated and evaluated. Only then can a lawyer give you proper and adequate advice.See question
I got out the military a year ago and all my saving is in a roth IRA the state is now trying to seize that money after a failed attempt to seize my checking account with is all Military and VA pay so they couldn't touch it. now the state is saying...
There are not enough facts for any lawyer to give you specific advice. As Mr. Cave suggests, you need to talk to an attorney in Minnesota who handles such cases, i.e., where the State is seeking to seize assets. Different rules apply to different situations.See question
My ETS date is October 26, 2015. my unit is scheduled to deploy during the Febuary-March time frame. My unit is telling me that I have no choice but to extend for the deployment. Every time I seek advice I am told the same thing, "Extend for 90 da...
It's a bit more complicated and would require reviewing your enlistment/re-enlistment paperwork. Basically, when you enlisted, you enlisted for a period [set by law] of 8 years, of which you agreed to serve X years, e.g., 3, 4 or 5, on Active Duty. If you have not completed your initial 8 year enlistment, they can legally extend your ETS date up until that point, so your current ETS date is irrelevant. If you have completed your 8 year commitment and are on a subsequent enlistment contract, that will govern. Get all of your enlistment paperwork together and go to the Legal Assistance office on post. If you are deployed when your ETS hits, you will be extended until your redeployment and transition periods are complete. Good luck.See question
The results are not back but will likely be positive. The separation is for non select and the discharge is to be honorable prior to this.
It depends on how many years of commissioned service the officer has first of all. If less than 8 years, the officer is most likely to be "flagged" and put on legal hold. At that point probably an GO Article 15 for illegal drug use will be given, and if accepted by the Soldier, the discharge will no doubt be rescinded and then a new one for drug abuse substituted with less than an honorable being given. But, again, it first depends on the results and when they come back. But, I'd retain a competent/experienced military defense counsel to form an attorney-client relationship ASAP so as to be able to prepare for the various contingencies.See question
Elkhart Co Superior court has denied me a lawyer. I am disabled and cannot work at the present time. I asked 3 times for a lawyer, and it was taken up for advisement by the title IV D magistrate. I am sentenced to work release on October 29th o...
Who was your lawyer before you were sentenced? That would be the first person I'd contact. Secondly, contact the Elkhart County Public Defenders office about having a lawyer. Finally, if they cannot help you, contact the ACLU of Indiana. Have you tried working out a payment plan on a weekly or monthly basis? The bottom line is that it is unconstitutional to imprison someone who cannot pay a fine. You'll need a letter from your doctor however, saying that you are presently disabled, why and that you cannot do any work and whether or not this is a temporary or permanent issue. Good luck.See question
Military/ Divorce indicated that wife must file for her share of the serviceman's retirement. Serviceman retired in October 2013, notifying ex-wife. Ex-wife then waited ten (10) months to file but started collecting as soon as the paperwork was ...
No competent attorney can answer your question without reading your divorce paperwork, to include any and all property settlements and the Divorce Decree. You should talk to the attorney who represented you during the divorce or take your paperwork to the closest Military Legal Assistance Office. Without seeing the language either agreed to or ordered by the Court, any other answer would be pure speculation and do you no good. Good luck.See question
I told him that I do not want to meet with him without the advice of an attorney. What kind of attorney should I be looking for to represent me?
As another poster noted, you need someone experience with military criminal law or commonly referred to as military justice from the Defense side of things. As Mr. Cassara pointed out, since you're retired, and CID is investigating this, it most likely involves something that allegedly happened before you retired. You didn't say how long you've been retired, but there are statutes of limitations to be aware of. The attorney should also be experienced in civilian criminal defense issues because the CID could in fact turn the case over to the civilians if they feel it's more appropriate.
Bottom line, do NOT talk to CID without talking to a lawyer in detail about this. Even if you have to pay for a longer consultation, consider the money an investment in yourself! Good luck!See question