Does it differ for people legally and illegal at the time of enlistment?
If you're on active duty then I'm assuming you're a legal immigrant. Active duty service members' applications for citizenship receive expedited review. If you are an illegal immigrant then your enlistment may be fraudulent which a UCMJ offense. If you are an illegal alien, I suggest you speak to an attorney who practices immigration law and military law.See question
Im clean im 19 and havent done nothing since im trying to join the airforce so i want to know if this will affect my chance and i didnt get convicted in court so i want to know if i still have to tell the air force?
If this matter was handled without police involvement, the there is no record. Be sure to listen carefully when the recruiter asks about your past, most likely he/she is only going to want to know about past CONVICTIONS or ARRESTS. Since this incident was neither a conviction or an arrest, it wouldn't be necessary to disclose it.See question
My husband and I are divorcing. He is military and stationed in Texas (and soon PCSing to Colorado). I am in Washington. We have a two year old son and would like have shared custody of him. Until he is of school age. We agreed on 4 months on, 4 ...
I agree with my colleagues that your separation plan sounds complex. Accordingly you should consult with an attorney. You are entitled to free legal representation by the military while you are still a military dependent. Marital separation agreements are something that almost all legal assistance offices throughout the military are capable of doing. You should contact the nearest one immediately for legal advice.See question
I am an active duty in the military, who have been married to my wife for sometime now. She came to America illegal and now out of status. How can I help her adjust her status?
If you haven't already, you need to visit your local legal assistance office on base. As an active duty service member you are entitled to the assistance of a qualified active duty attorney who practices in immigration law -- free of charge.See question
privac. of 1974, Stalking, interfering with trial, HIPPA, Discrimmination (Founded)
The military is not above the law, if they have violated regulatory or statutory law then there are remedies available. Whether or not you can sue them depends largely on your status; in most cases members of the armed forces cannot sue the military but their dependents often can if the harm done to the service member affects them as well.
I'd recommend consulting with an attorney to determine what courses of action you might have available.See question
Can a soldier that has been in the army for two years live with his girlfrien off of base?
Whether you can live off base is a matter entirely within the discretion of your commanding officer. This discretion is very broad, but not completely unfettered. You should start off by asking permission to live off base from your chain of command. If you are told "no" and you feel that the response to your request is unfair, you have the right to complain directly to your commanding officer. This is a formal complaint made in writing and your CO's response should also be in writing (in the naval services, this process is called requesting mast). If the CO denies your request and you have a legitimate basis to believe the reason for denying your request is violative of the law, e.g. discrimination based on race, religion, sex, then your last resort would be to file a Complaint of Wrongs under Article 138, UCMJ.
The fact of the matter is that there are a vast number of legitimate reasons why a CO would deny a young soldier's request to live off base. The best way to get permission is to establish a reputation within your unit as being a reliable and squared away soldier.
Good Luck!See question
My military contract reads "you will receive one half your bonus upon enlistment and the other half after 36 months of enlistment". I havent received a penny in 5 years. and my command has nothing to offer.
I agree that your fact pattern is inadequate to give any specific advice. I would recommend you speak to a military attorney at your local legal services office. You may be eligible to file a complaint of wrongs pursuant to Article 138,UCMJ.See question
This happened five years ago on a Marine corps base between only active soldiars. Is that state allowed to try and prosecute later on or would the federal government prosecute it they choose too.
The answer depends on where on base the alleged offense took place. Many bases have areas of concurrent jurisdiction in which the state can assert it's right to prosecute. Because the alleged offense is over 5 years old, the statute of limitations (SOL) may apply, however the SOL may not apply in certain serious crimes or may depend upon other factors, especially in the case of sex offenses.See question
A sailor working under me allegedely made fraudulent charges with the government purchase card. The reviewing supervisor, who also worked for me is also being scrutinized. Both have been interviewed. Since I was the officer in charge of the pro...
I wholeheartedly agree that speaking to an attorney at this point of the investigation is prudent. If you haven't been interviewed yet in the ongoing investigation, there is an excellent chance that you may be a suspect. A suspect is typically interviewed at the end of an investigation after the government has already built it's case against him or her. If you are interviewed and if you are informed that you are suspected of committing an offense, then the purpose of that interview will most likely be to get you to provide self incriminating statements which are very powerful evidence for the Government in a prosecution under the UCMJ, or administrative action under service regulations.
If you are suspected of committing misconduct and you approached by anyone to discuss these matters, they are supposed to inform you that you are suspected of committing an offense and they are supposed to inform you of your rights under Article 31, of the Uniform Code of Military Justice. These are important rights which a skilled interrogator might suggest are a mere formality, try to get you to waive these rights, suggest that you really aren't in a lot of trouble, and that it would be easier on everyone if you just clarified a few points... You should be very carful at this juncture and make it clear whether you are suspected of committing any offense. If so, I'd recommend invoking your rights under Article 31(b), UCMJ by telling them you do not want to discuss the matter and ask to speak to an attorney.
Even if you are told that you are not a suspect, answering questions could be problematic if you believe there might be a basis for the Government to become suspected in the part that you played in this matter. Additionally, you should not talk to friends, co-workers, or family because any conversations you have are not recognized as privileged communications under the law and the Government could try to make these people tell them what you thought that you told them in confidence.
If you are going to be subject to disciplinary action, you will be entitled to talk to a military attorney free of charge, but this won't occur until the government has pretty much decided what they are going to do with you. Retaining your own attorney at this point will give you the opportunity to discuss your situation in detail and under total confidentiality, that means what you say to an attorney cannot be used against you later in a courtroom. Furthermore, if you are later approached by anyone from the Government, e.g. your chain of command or NCIS, then you will be able to tell them to "please contact my attorney regarding any of these matters." Being questioned by Government agents about your personal conduct can be very intimidating and it's nice to have a card in your pocket to help remind you to not help the Government make its case against you! Retaining an experienced military justice practitioner at this juncture would be an extremely wise move. Feel free to contact me through my website at www.raymondbeal.com
Good Luck!See question