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Philip Douglas Cave
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Philip Cave’s Answers

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  • Please let me know what I can do.

    Security Clearance for commissioning background . My story is as follows: Falsely accused for sexual assault, a year later punished under UCMJ for providing alcohol to a person under the legal drinking age, never lost rank, punishment was suspend...

    Philip’s Answer

    This sounds like CID was involved and you were Titled?
    This a way to petition CID to change the records.
    Yes, there's a potential issue on the security clearance, even for expunged records. Look at the SF 86 form and you will see a couple of places the prior allegations might be an issue.

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  • Can I cancel my contract after I've sworn in at the MEPS but I have gone to basic training yet? (I'm a MAVNI applicant btw)

    I signed up for millitary and swore in at the MEPS but I am struggling now because its affecting my personal relationship with my husband and my family so I was wondering what are my options? I talked to my recruiter briefly but if I broke a contr...

    Philip’s Answer

    Do you not lose your MAVNI status if you fail to complete the enlistment process and serve? I'd check that.

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  • My question is how fast should I expect a response from my command? I am in Tech School in the United States Air Force.

    I contacted an Arizona Congressman about my situation and submitted my "Privacy Release Form" to the Congressman Case Worker who sent my inquiry to the Pentagon on January 13, 2016. The Pentagon replied to the Case Worker confirming the inquiry wa...

    Philip’s Answer

    The inquiry has to be forwarded to the commander at Fort Lee, who will in turn assign someone to look into the issue. A report is then made and sent back up the chain to the Representative. That can take weeks, depending on the nature of the issue. In the end, you'll likely get a form letter from the Representative with a copy of the Army "response." At that point the Reps. office may consider the matter closed and "resolved."

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  • Can the army extend me pass my ETS date?

    I have pissed hot on a drug test but I ETS in ten days I just wanted to know if the army will extend me or just let me get out. I haven't spoken to any attorneys yet.

    Philip’s Answer

    Yes. If the reason is to prosecute you at court-martial. It will depend on many factors how they will proceed as well as the drug allegedly involved.
    See a military defense counsel at TDS on base ASAP, and do not make any statements about this to your chain of commander, law enforcement, or investigators until you have talked to a lawyer.

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  • What is most likely going to be the disciplinary actions taken against me? I have not spoken with my lawyer yet or my commander.

    Im an E1 in the airforce and i have a LOR for lying on my pt test in basic training and a LOC for falling asleep in basic. Yesterday i got caught taking a spoolie makeup brush out of a makeup kit at the base exchange. I believe i habe some type of...

    Philip’s Answer

    1. You should not be publically disclosing these details.
    2. Consult with the ADC office on base.
    3. You may be facing an Article 15 and administrative separation for a pattern of misconduct. It's possible they will seek an other than honorable discharge. That depends on all of the facts, so nothing is certain. It MAY (not certain) be possible for an ADC to negotiate for a general discharge. But again this is fact dependent.
    4. You should not make any statements to the commander, OSI, or law enforcement. If they ask, you can legally tell them you want a lawyer who will be appointed from the ADC office.

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  • Does anyone know if paralegal training taught by the Army for paralegal school is considered paralegal training under the ABA?

    I am a paralegal who just returned from a deployment, and I am looking for work as a paralegal at a firm.

    Philip’s Answer

    Here is what Navy JAG advertises:

    Upon successful completion of the basic course at the Naval Justice School, a Legalman receives 10 semester hours of American Bar Association-approved classes toward a degree in paralegal studies. The classes include: Ethics; Introduction to Law; Emerging Technology in the Law Office; and Legal Research and Writing. The Legalman community provides opportunities for advanced training in legal assistance, legal research and writing, shipboard Legalman duties and law office management, which may also translate to additional credits at the bachelor’s and associate’s degree level.

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  • Do the military leave laws, California and federal, apply to all employers or just those with a certain number of employees?

    Do the military leave laws, California and federal, apply to all employers or just those with a certain number of employees? Also, what is the military leave law in California?

    Philip’s Answer

    You might start at the website I have linked to below.

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  • What are my options? How can I get out legally and not tarnish my records?

    I recently enlisted into the National Guard and no longer think it's my best option. I don't want know what I'll be missing out, I've heard it all. I signed when I was 17 (Turned 18 in December) and haven't attended a single drill, nor have I even...

    Philip’s Answer

    It depends on where you are in the process. It sounds like you may have already taken the oath and done some "service."
    I generally recommend this organization as a starting point.
    http://girightshotline.org/

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  • What are the statutes of limitations on cases of unjustified separations from military service while on military orders?

    I was sexually assaulted while on a training flight mission for the AF reserve and as a result contracted HIV which was an automatic disqualification for the AF reserve, I had served 4 years active and went reserve to get my BA so I could return a...

    Philip’s Answer

    Sorry to hear about this.
    Unfortunately you have a very complicated situation for which you should get a consultation with an experienced lawyer.
    One of the issues appears to be a service-connected "injury" as a result of the sexual assault. There have been significant changes on that front regarding VA benefits for example.Another question may be about your due process rights during the separation process.

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