Long story short, I was accused of failing a drug test at an enlistment program and was kicked out of the navy 30 days before my ship date to bootcamp. This can not be true because i am not a drug user and never will be and i have had a hair folli...
I don't see this as a military lawyer question. I mean, I suppose you could appeal this to the Navy Board of Corrections, but I don't really know if it s worth the effort. The better course is to go see a recruiter about a waiver to allow you to reenlist.
I hope you are successful.See question
I was recently pending a General Court Martial but Signed a deal to plead guilty to fraternization (with me husband, I'm an officer in the USMC and he was a SSgt in the army note he has been out for a year now) and failing Register him as a house...
Yeah, this sounds like a deal to resign en lieu of court martial. The Army calls this a Chapter 10 discharge, and it is almost always an admin discharge at the Other Than Honorable characterization (which is bad, though not technically punitive). I don't see why or how this goes to a BOI, but the definitive answer should come from your assigned military defense counsel. Why not ask him/her these questions?See question
Fiance is Being accused of disobeying an order, assault (where's there's no evidence of) and missing work but they quickly came to get him .
If a person subject to the UCMJ is given a Military Protective Order and violates it, the person has probably violated Article 92 - Failure to Obey Order or Regulation. The commander should have put the order in writing. The order should have been presented to the person face-to-face. The order should be specific about who and where the person should stay away and the fact that it is a direct order. Violations of Article 92 can be punished up to the maximum of a bad conduct discharge, forfeiture of all pay and allowances and confinement for up to six months. The person should know that the worst case is a punitive discharge which counts as a federal criminal conviction. The worst case will stay with him for the rest of his life. The person could likely get a lesser form of punishment, like a general or other than honorable discharge (not punitive), but this is the best time to straighten up, follow orders and seek out a military or civilian defense counsel to speak to directly - not through open Internet forums like Avvo. best of luck.See question
I'll explain further
This one just blows my mind . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .. .. .. . . .. . . . . . .See question
Someone brought a non U.S. Person into their room disobeying general order 1 stating no one other than DOD or U.S. Personnel shall be allowed into rooms at any time. Clean record. Good conduct throughout career. No punishments or bad paper work wh...
I agree with Cassara, but we need more information. Is the service member active duty? Your description of "no punishments or bad paper work while active" makes me wonder. If the person is in the reserves or active duty, then the UCMJ (and Art 92) applies. If the person is in the national guard, he may be subject to the state version of the UCMJ, and those vary quite a bit.
I agree that a 2 year max is awfully harsh, unless there is some sexual assault allegation coming down the road here. Otherwise, it is probably going to shake out with a letter of reprimand or just as likely some sort of non judicial punishment, which will probably include some loss of rank and other effects. A lot comes down on the status of the service member, the rank, who the guest was (Was she also in the military? Was she of a prohibited rank? Was she a subordinate or a superior?) There are a lot of factors that need to be considered.See question
I called the military police because my extremely childish japanese local national ex wife had pushed my last button she hid my car keys and made me search for 2 hours while she taunted me. When they got there she was afraid and did not understand...
First of all, how does an "ex wife" get access to your keys? Maybe she was your wife at the time and is now an ex wife, perhaps? I hope so, because otherwise that is just plain stupid to let an ex spouse have that much access to you.
And the MPs show up into the mix of stupidness they are thrown into. Those guys could not wait to get back to xbox, lifting in the gym and masturbating to Ariana Grande videos, and besides your wife can't speak English, so it was easy enough to thro you into jail.
BUT it is not that easy. You got an OTH, so all of us on Avvo know that you were afforded the due process of a trial defense attorney and a separation hearing. You had a board of three (hopefully with an enlisted member) hear your case. They independently - from your chain of command - weighed the evidence against you and reached their decision. Your ONLY redress at this point is to apply to the Discharge Review Board or the Board of Corrections to upgrade your discharge status.
You are probably fighting an uphill battle with chances of success less than 10%; however, you can and should have a one-on-one consult with an attorney about application for a discharge upgrade.
Next time, choose who to have a relationship much more carefully.See question
Hello, it has been 4 years since my enlistment and my life has not been the same. I was prepared for for most of it, but what I wasn't prepared for, was the amount of hazing and physical abuse that took place to me. I dealt with it for sometime in...
No law suit will succeed. The "Feres Doctrine" arises from a US Supreme Court decision around 1953. You can Google it easily and read all about it. I can save you some reading. Feres boils down to two reasons why the US Supreme Court has told all other courts in the US (state and federal) why you cannot sue the military. These are (1) The military is a very unique animal in its mission and its culture; therefore, a judge and jury is not going to be allowed to substitute its judgment for the military commander's judgment. After all the military is a war-fighting organization and should not have to constantly explain itself to the courts, and (2) The military is just chock full of internal redress mechanisms for all possible grievances. There is the IG, EO, the UCMJ, Art 138, command investigations, administrative appeals, and the list goes on and on and on.
No, you cannot sue the military.See question
I was arrested in Rome,Georgia for driving on a suspended license out in jail then released on probation but was living under a bridge my home was in Alaska and wanted to return my p.o. said no but if I did return home how could I obtain my li...
If you were on probation for a misdemeanor and left the state without a valid probation transfer . . . . eventually the PO will seek to revoke your probation. That will happen, and the court would issue a bench warrant for your arrest. That would be visible on your criminal history disposition anywhere in the US. The next issue is the matter of extradition. When you get stopped by the police in Alaska or wherever, they may hold you and ask Georgia if it wants to pay the freight to ship you back to the Peach State. The answer for a misdemeanor case is probably no, in which case the police wherever will let you go free. If you return to Georgia, you will probably be arrested and serve the rest of your time on probation in jail, or at least a good portion of it. Beyond this, it is hard to give you guarantees. Things could go different, but what I describe is probably pretty realistic.See question
I got pull over with weed
Depends on how much weed. It may be in the cards, it may not.See question
I am currently on informal probation for a DUI, that I was arrested and sentenced for back in July 2015. I have heard that it is possible to terminate your probation under "special" circumstances, such as causing a hardship for gainful employment,...
Don't waste your time speaking with the recruiter about early termination of your probation. Terminating your probation requires you to seek an audience with the judge. Only the judge can do that; it takes a court order from the judge. Your BEST BET is to hire an attorney. Your attorney should reach out to the probation officer as well as the prosecutor to see if they consent. The recruiter is important for details, like when they could get you into basic training. In some cases, you might ask the recruiter to come to the hearing in court regarding the early termination - it might be a nice touch that might swing the matter in your favor if it is a close call. Good luck with it.
Steve ShewmakerSee question