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
I am 100% disabled Veteran. I recently had the disability hearing with the judge and if he approves it, I will receive a large back pay amount. I am not trying to get out of paying her anything, but at the same time protect the only income I have....
This is a divorce law matter as much as it is a VA law matter. You need a local Texas family law attorney. Jim Higdon (in San Antonio) down in your neck of the woods is excellent on these matters. The question will be whether that back pay is something the court could apportion in the divorce. In Georgia (where I am) the general rule is that if the disability pay is for lost wages, it is something the court could divide in the divorce. But that would be particular to Texas, so you need a Texas lawyer right away.
Best of luck to you.
Steve ShewmakerSee question
I was discharged from the coast guard with an honorable discharge with a discharge code of jfy. I believe It was inability to adapt, I served 153 days active duty not to include boot camp,
Sorry, Post 9/11 requires that you serve 36 months on active duty following 9/11. If you have not done this, you could at best only get a fraction. It is determined by the VA, not the USCG. They will only give it if you have an Honorable separation characterization.See question
I exited the Marine Corps in 2013 with an Honorable discharge, had a tough time and made a mistake, I completed everything I needed to. I have an excellent job, with everything going on in the world I would better be used in the military. I am com...
A conviction of DV misdemeanor squarely implicated the Lautenberg Amendment to the 1968 Gun Control Act. It means you cannot possess a firearm, whether in the military, as a cop, hunting in the woods, etc. IN theory (although practice is a little less robust) the Department of Justice can prosecute you for firearm possession. But anyone in a position of employment and authority will be wary of vesting you with position and authority requiring firearm possession. That means the armed forces recruiters will immediately screen you for this and flag you as a problem. All hope is not lost. You can apply for a pardon from the Governor of the state where you were convicted. The chance of getting it is not great, but that is your recourse. Good luck.See question
My son is being discharged from basic with a fractured hip but would like to continue after he heals. He'd like to enlist in the Air Force. Is that possible?
Yes, clearly as some of the answers before mine show, this is a very narrow, very esoteric area. In fact, I question it is really about the law and lawyers, unless the service is failing to follow its own established guidelines for recruiting, and then only maybe a legal matter. No, instead I think this is a service regulation matter, as implemented by military recruiters. There is no good substitute to speaking directly with a recruiter. In Atlanta, where I live, there is an entire Army recruiting battalion based here and spread across the state, and that is just the Army. I mean there are armed forces recruiting centers in every third strip mall around here.See question