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...
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.
I have no specific details to share in this case, as my question is very straightforward and for this purpose hypothetical.
Yes. I have had this happen as a defense counsel.
Also, as a sea going judge advocate I have recommended setting aside a NJP, and seen them granted.
The likelihood of that happening though is very very low.See question
My Grandmother just recently passed away from Alzheimer's disease. She was 93. About two years before she passed my Aunt, who is the youngest of 2 boys and 4 girls, obtained power of attorney over my grandma. To make a long story short my Aunt w...
I think the next of kin usually means the surviving child or children under these circumstances.
I was illegally separated from the Marine Corps in 2008. I did not receive any pre separation classes that are mandatory nor did I receive the mandatory TBI and PTSD screening I was later diagnosed with a TBI from a civilian doctor. I am trying ...
Unfortunately you are past the statute of limitations for an appeal of the SCM.
I think you are likely looking at a Navy Discharge Review Board case and Board for Correction of Naval Records case.
As Mr. Cassara says, at this point there's little hope of changing the charge sheet. The failure to complete the various evaluations may be helpful in a DRB/BCNR case.
There are any number of us who do these kinds of cases and it's not necessary to be local to you. NDRB does sometimes allow personal hearing at which you and your lawyer can attend. The hearings are held in Washington DC, so having a lawyer in the DC/NVA area could help with expenses.
I went to captain mast for something i didn't do and was dropped in rank. I appealed the punishment and it was denied. Now I'm facing higher tenure. Is there anything else i can do? Can i appeal the appeal? Can i get a lawyer? I refuse to let my c...
Your appeal of the NJP is exhausted.
If it is less than 4-6 months since the imposition of punishment you could try to get the reduction set-aside or remitted. But it must usually be done within the 4-6 month period to have a chance of success. The basic process for this is found in Part V, Manual for Courts-Martial. An experienced military lawyer can help with this, but keep in mind they'd likely charge a fee, you are entitled to DSO assistance for something like this.
I am in the middle of an AR 15-6 investigation for apparently turning in false sick call quarters to my boss. I went to a civilian hospital and not a military hospital. Can they still have access to those records? Also, the IO says that he called ...
You will be allowed to have a copy of the investigation if they decide to take action, for example an Art. 15.
If they decide to do only a developmental counseling, you'll have to ask for it via FOIA and PA requests.
Should they offer an Art. 15, you should immediately talk to a TDS attorney or experienced civilian military law attorney.
Unfortunately I suspect they would consider that sufficient evidence to initiate an Art. 15 or Chapter separation. That's why the point above about getting to talk to a lawyer is a best option.
Dealing with a debt collection issue. Debt collector has committed numerous frauds, fabricating documents, false credit reporting, etc. Their attorney recently sent me a letter in which he reversed everything that his client has done so far, but ...
As a general rule, an attorney is required to be honest and truthful with everyone.
You'd need to have specific advice from a LA lawyer on the details.
You also have to make sure your own facts are correct and documented to support a complaint.
I am 100% service connected veteran , I do not pay for any medication from the VA as per my benifits for being service connected . While Hawaii I had to pay for medication the VA knew I would have to get this medicine from a non V A provider , sen...
Not a small claim.
You need a lawyer who deals with VA claims and also the federal court of claims.
There are a number of good ones on AVVO,
Military Law question. My husband is an Army Officer and is currently in the process of separation. He failed to report a misdemeanor arrest to his Command and the Command will take action against him although he plead not guilty and the charges w...
His TDS attorney should seek a delay in the Board hearing.
Is the BOI for the failure to report or for the underlying conduct for which arrested. That makes a difference in the potential result of a BOI. I had thought the rule required a report of a conviction, not arrest.See question
I just filled a case in the federal court last week Feb 16, it got assigned to a judge. I need to change the judge now , what should I do ?
This is the kind of issue that needs help from a lawyer.
If there is a basis to challenge the judge and ask for recusal a lawyer will be able to identify that, the legal basis for a challenge, and the right process to follow.See question