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Kenneth Phillips’s Answers

4 total

  • Can a court martial "un-do" a retirement?

    While awaiting the my PEB findings I had a positive urinalysis for cocaine. My command decided to proceed with a General Court Martial. While awaiting the Article 32 hearing, I got orders to medically retire from the military. Without nefariously ...

    Kenneth’s Answer

    When I was a Trial Counsel with 2nd Brigade, 101st Airborne Division, I was able to pull a Soldier back onto active duty from a medical retirement based on fraudulent discharge. Seek a competent Military Law Attorney's advice.

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  • Does a congressional inquiry result in any substantive action?

    I've recently submitted a congressional inquiry to my representative in the House regarding an ongoing case against a Air Force Criminal Investigator. I am a civilian that was a victim of abuse in this case. As I'm currently waiting to hear back f...

    Kenneth’s Answer

    A congressional inquiry can be an effective way to draw attention to a legal issue. The military service is not supposed to receive any adverse action for using the inquiry system. Generally though, the congressional will result in some bad feelings from the Chain of Command. I generally direct my clients to file congressional inquiries as part of a coordinated plans. They do not seem to be effective as the only means of attack.

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  • Can an Other Than Honorable Discharge be upgraded later if it was for failing the APFT and Height/Weight?

    A Soldier of mine is concerned that he will be discriminated against for having an OTH on his record. He recently received a BA Degree and has no criminal record.

    Kenneth’s Answer

    Regardless of the reason for separation, the Soldier may apply to the Army Discharge Review Board to have his OTH upgraded. The application can be found online at their website.

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  • My Son was put under "order of protection" by his x-wife appx. 1 1/2 years ago -it is due to expire in November 2013.

    He is 47 years old and has no prior record. She has custody of the 2 children, this being the reason for Order of Prot. He went out and attempted to buy a gun (he was setup) and the Feds arrested him (had no criminal intent with the gun) and h...

    Kenneth’s Answer

    If the Order of Protection is due to expire, his ex-wife may try to have the Order extended. He needs to consult and attorney to see if there was ever a finding of fact on the underlying Order.

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