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Philip Douglas Cave
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Philip Cave’s Answers

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  • Can I upgrade my military discharge from general under honorable to honorable

    I had to give guardianship of my son to mother before I went in and while I was active duty I had gotten pregnant and my mother informed me that she could no longer take care of my son. I got out early but three months later I had my second son. ...

    Philip’s Answer

    You can try by petitioning the Discharge Review Board for your service.

    I disagree about the security clearance issue. I do security clearances. While this might raise an initial concern, your facts indicate you may well have significant mitigating circumstances.

    There is not and never has been an automatic upgrade. What you should have been told is that after six months you were eligible to apply, that that it's not guaranteed.

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  • What state should I file contempt of court in?

    Divorced in TN courts. I got reassigned to military base in Florida and the ex took kids to Texas. She has now refused handing the kids over twice. She is living with her parents. Does that constitute residential status? Do I file in TN or TX...

    Philip’s Answer

    It may be Texas has the jurisdiction because that's where the children are. However, you need to actually check Texas law.
    The best way to start that without paying a lawyer is to go to the Base legal assistance office. They have paralegals and attorneys there who can assist you with basics, and may be able to do some informal interaction with your ex without having to go to court.

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  • Who is responsible? What is the best course of action for collection of damages? Is the attorney responsible? Is the hospital?

    My medical records were released from a hospital to an attorney. I was a non party witness to a custody case. The attorney did not follow proper protocol by informing me and giving me time to file a motion to quash. The records were released and o...

    Philip’s Answer

    VA Code § 32.1-127.1:03 may also be applicable.
    You might check to see if the release was ordered by the court in the proceeding.

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  • Ethical Violation

    My spouse says that my lawyer has violated the state bar's ethical standards since my attorney referred our kids to a therapist who has tried to look for directions and approvals from my attorney, regarding the visitation and custody issues. I tho...

    Philip’s Answer

    Sounds like you and your attorney need to sit down with each other and discuss the case as well as any concerns you have.

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  • How should this situation be dealt with?Do I have a case for the florida bar. Should I file a complaint?

    I fired my personal injury attorney for reasons I won't go into. Since being fired he has still continued to regularly communicate with the defendant's claim adjuster. he has also along with one of his office personel came to my home unannounced a...

    Philip’s Answer

    Assuming you have sent him a letter (by registered mail) you should consider contacting the Florida Bar.

    http://www.floridabar.org/TFB/TFBResources.nsf/0/AB230E7DCCC3B75385256B29004BD6DC/$FILE/Inquiry%20Complaint%20Form.pdf

    You do not say if you have hired another attorney as substitute counsel. If you did, that lawyer should take the lead on this I think. If you have not hired substitute counsel, then perhaps you should consider that and get the new lawyer in between you and former lawyer.

    Just some thoughts based on limited facts.

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  • Can I get my SPD CODE and RE CODE changed to reflect that I had no issue in service and what could it be changed too?

    I received a waiver for enlistment in the military. When I got to Basic I was discharged for the same disorder I recieved a waiver for, however, the person who made the diagnosis wasn't licensed to do so instead make the recommendations to someone...

    Philip’s Answer

    This looks like a case to present to the Army Review Boards Agency.
    Depending on the quality and amount of evidence in your favor, they have the power, if they want to to change records.
    It can be time consuming and potentially cost some money.

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  • How would that section apply to me if I was assigned an afs that I wasnt happy with. If it would apply to me at all?

    I am an airman in tech school at the moment. I was recently diagnosed with depression and put on medication that disqualifies me from my specific Job. I was told I would talk to the commander about a reclass into another afs and to make a list; wh...

    Philip’s Answer

    Sorry to hear of your difficulties.
    Unfortunately this happens sometimes for various reasons where a person become disqualified for their selected field.
    It would be a good idea to talk with a career counselor and discuss the various AFSC's that may be available to you. Understand the merits and demerits of each field. Once you've done that seek to get the best of the three. You may find something you can work with.
    The alternative, as the regulation notes, is to request separation.
    Keep in mind that should you serve your contract time you will earn the benefits for the future such as education money.

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  • Can I leave the Air Force Reserves if I have not yet been to Basic Training?

    I enlisted in March 2016 and am scheduled to leave for basic in September. I go to mandatory paid drills the first weekend of every month. Due to mental health issues I would like to be separated.

    Philip’s Answer

    There is a way to try.
    You can get some initial advice at the GI Rights Hotline.

    http://girightshotline.org/en/military-knowledge-base/topic/delayed-entry-program-discharge-dep-discharge

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  • Chapter 10 question UCMJ

    Can you submit a chapter 10 discharge in lieu of court martial straight to ft Knox? Or does this have to go to the GCMCA for them to decide? From what I understand discharged and separations all HR related army cases are done at ft Knox?

    Philip’s Answer

    The request is submitted via the prosecutor to the SJA for the convening authority and to the convening authority.
    Fort Knox doesn't get involved in that decision.
    If you go to trial and are convicted, then your record is transferred, along with you, to Fort Knox PCU.

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  • Is there a reasonable explanation why this search did not reveal my general court martial conviction or bad conduct discharge?

    I received a BCD from a general court martial over 30 years ago and since then I have not had any other legal infractions. Recently, I requested a FBI background check through one of the approved channelers off of the FBI website. The results came...

    Philip’s Answer

    I have seen this happen with clients over the years.
    The error is likely caused by the MCIO not properly inputting the case into the computer system and then updating it. This happened more years ago than today, but it still happens.
    Keep in mind computer databases were not as robust back then compared to today.

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