What evidence is needed to prove impropriety to a military DRB, and what should I include in an application for review?
Philip's answer
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Answered on April 18, 2021
The DRB and the BCMR presume all actions are correct. This is called the presumption of regularity in legal terms.
You have to show that one or...
I enlisted with a bonus, however the military has breeched my bonus contract for six months past the pay date. Can I get out?
Philip's answer
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Answered on April 18, 2021
No.
A lot of administrative actions are taking longer at the moment because of the effects of COVID.
If after working with your command and...
I have been initiated for a chapter 14c in the army and been in 11 years but my ets is in june 15th of this year what are my opt
Philip's answer
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Answered on April 16, 2021
Elect all of your rights, including any right to a separation board hearing....
Archived
Is the false accuser legally libel under the law?
Philip's answer
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Answered on April 15, 2021
Lost your clearance? Was that done through the formal revocation process by the DoDCAF? If so, you should have received some of the information you...
Archived
Can I bring a lawsuit against the Military for racial bias, physical assault.
Philip's answer
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Answered on April 15, 2021
Unfortunately no, for two reasons: The Feres Doctrine created by the Supreme Court bars such lawsuits because Congress has not waived sovereign...
Can I get hit with an article of the ucmj if I got arrested on a misdemeanor out in town for racing ?
Philip's answer
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Answered on April 06, 2021
They can impose NJP for reckless "driving."
They might also consider separating you for misconduct.
Is there anyway to get out of army national guard?
Philip's answer
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Answered on March 29, 2021
You might be able to get out of the contract IF and only IF,
You have not reported for training and you have not received any money or benefits...
Archived
Can my charges be dropped if they never read me my rights ?
Philip's answer
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Answered on March 14, 2021
It depends.
If the prosecution has enough evidence to proceed without needing to use any statements you made or evidence gained in a search, they...
Can a military installation legally bar you, without notifying you, or giving you a reason?
Philip's answer
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Answered on March 09, 2021
Under federal law the commander of a military installation can bar persons from entering on base. There are various reasons set out (usually in a...
Is there a statute of limitations for BAH (Basic Allowance For Housing) fraud under UCMJ?
Philip's answer
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Answered on March 09, 2021
Yes, the SOL under the UCMJ is five years from the date of the offense (here likely the last fraudulent payment received).
If the person is a...
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