Skip to main content
Philip Douglas Cave
Avvo
Pro

Philip Cave’s Answers

2,068 total


  • What is the likelihood of me receiving and upgrade from a General discharge to and Honorable discharge?

    I am currently still active duty with the United States Marine Corps aboard Camp Pendleton. I am in the process of being Administratively Separated for not meeting the Marine Corps height and weight standards. I failed to meet standards after bein...

    Philip’s Answer

    Low.

    It's the Navy Discharge Review Board.

    You need to "prove" that it is for a medical reason beyond your control that is giving you problems. If the Board believes you have control over the problem you lose.

    See question 
  • Is it possible change the "separation authority" and or "Narrative Reason for Separation" on my DD214 (received Honorable)

    Separated from the Army (Honorably). I was going through some mental health issues (received 60% disability by VA for Bi-Polar 2 among other things). Received Field Grade Ar 15 (which initiated the separation) for being awol for 26 hours 1/2 of ...

    Philip’s Answer

    You can petition for a change in narrative reasons.
    You will have to have proof or a very good case to show that you were not ordered into an alcohol rehabilitation program, or if you were, that you successfully completed the program.

    See question 
  • Am I eligible for any type of spousal support or a portion of his military retirement if I decide to divorce him?

    I have been married for a little over ten years. One child from this marriage. He retired from the military during our marriage. He was in for 20 years. There is constant arguing, strife and he repeatedly tells me I'm not good enough.

    Philip’s Answer

    It will depend on state law whether his retirement is considered property subject to division at divorce.
    Note there are special requirements in order to have the right court order. Although it appears you may not have been married long enough for the USPSA to apply.

    See question 
  • Need recommendation on best attorney for doing a DASEB appeal.

    Received a GOMAR (US Army Reserves/part-time)(unauthorized badges) in which I was not represented very well and now possible adverse action.

    Philip’s Answer

    The 50 meter target is a separation proceeding based on the GOMOR.

    See question 
  • What are my options for reenlistment in the navy?

    In navy for 3 1/2 years 6 months left captains mast 14 months ago higher 10 year

    Philip’s Answer

    Talk to a recruiter.
    But it's unlikely if you went to Mast while on active duty.

    See question 
  • Does WA state have jurisdiction over my child?

    I am in military in Japan. I am from MI and my wife is from WA. We had our daughter in Japan on base so she has a consecular birth abroad birth certificate. We are going to be getting a divorce when she flys back home from Japan. Will WA state hav...

    Philip’s Answer

    As Mr. Cassara notes, you can get free legal assistance on base to get basic information.
    Generally the court in which the child is residing can have jurisdiction over some matters, and certainly divorce and child custody once any residence requirement is satisfied.

    See question 
  • Can I divorce my husband he is currently in Japan or do I need to wait until he returns to the states. Can I get support from..

    I have been married for a year, my husband in the military and is currently in Japan. In Dec when he came home for a month he asked me to take the month off from work. When I asked him for money for the month I took off he only gave me 300 hundr...

    Philip’s Answer

    A military member is requited to "support" his/her dependents. In egregious situations, it can even be a crime under the UCMJ to "fail to support" dependents.
    He likely gets "BAH/with" payments based on the zip code where you are physically located.
    If he is receiving BAH/with, and he's not providing "adequate" support, that might rise to the additional crime of BAH fraud.
    The rules on how much support is required are flexible, for example, is he paying your rent/mortgage, car loan, etc.? if so, the military would consider that as providing support.
    As a "dependent" you are entitled to use the free military legal assistance program at your local military base.
    You can also contact his supervisor. Keep in mind that the military does not get involved in the day to day management of a family and the family. When there is a pattern and history of failure to support they are more likely to get involved and possibly take action.

    See question 
  • What percentage of my military retirement is my ex-wife entitled to?

    After 15 years in the AF I married then got divorced at 23 years in the AF.

    Philip’s Answer

    It depends on state law. But the marital share is generally calculated based on the number of years married which overlap military service. So in your case it looks like 8 years.
    She's not a 20/20/20 spouse for medical benefits.
    DFAS does not deduct her payments because of less than 10 years.
    Make sure your divorce lawyer knows about "military" divorces. She's automatically entitled to 50%, for example.

    See question 
  • How can I get back into the military and prove that I am not a violent Person that needs to be watched or worried about.

    4 years in the Marines with an honorable discharged in 2013. Domestic violence misdemeanor in 2013. Seeking to go back into the military. Lautenberg amendment and weapons ban for 10 years.

    Philip’s Answer

    I doubt very much you will be allowed back into the active force with your background.

    See question 
  • How do i go about fighting to get this off my record

    i haven been recently discharged from the air force under fraud enlistment i was diagnosed with eczema and an allergy to wool. i have statements from my doctor saying that Ive never been diagnosed with either of these so how do i go about fighting...

    Philip’s Answer

    The first thing would be to gather any and all medical records.
    Then get a very detailed allergy examination on the wool.
    Then you'd have a start on a petition to the Air Force Board for Correction of Records.

    See question