Locating a Service Member for Service of Process
Sep 23, 2011
Locating military personnel to serve a summons can be a challenge. In the post 9/11 era, service member locators previously widespread in the internet are not restricted to .mil addresses; as a result,...
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Medical Benefits for Former Spouse on Death of Service Member
Sep 23, 2011
In cases where the servicemember served 20 years of creditable service, the marriage lasted 20 years, but the period of the marriage overlapped the period of service by only 15 years the former spouse ...
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The USFSPA Permits Divorced Military Spouses to Retain Base, Commissary, PX and TriCare Privileges
Sep 23, 2011
The Uniformed Services Former Spouse Protection Act (USFSPA) permits former spouses to continue receiving commissary, exchange, and health care benefits after a divorce in certain cases.
In order to q...
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THe USFSPA Permits States to Treat Military Retired Pay as Martial Property in a Divorce Action
Sep 23, 2011
The Uniformed Services Former Spouse Protection Act (USFSPA) addresses these concerns such as whether a former spouse will have military base, commissary, PX or exchange privileges.
The USFSPA permits...
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Survivor Benefit Plan Basics
Sep 23, 2011
When a military retiree dies, if he/she does not have the Survivor Benefit Plan (SBP), the government will suspend retirement benefit payments and the surviving spouse will not receive the service memb...
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Converting Survivor Benefit Plan (SBP) to Future Ex Spouse When Divorcing
Sep 23, 2011
CHANGES DUE TO DIVORCE AFTER RETIREMENT
If you have SBP, are getting a divorce and wish to continue SBP for your future former spouse, you must convert your SBP election from spouse coverage to form...
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Special Education Complaints in Virginia
Sep 20, 2011
In Northern Virginia's largest school system (Fairfax County Public Schools) many schools refuse to provide the kind of scientifically evaluated and peer reviewed program for dyslexics that Federal and...
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Faulty Guilty Pleas May be Amended Under the UCMJ
Sep 20, 2011
Under the UCMJ, faulty guilty pleas may be amended by the court. See 845. ART. 45 where the UCMJ provides that (a) If an accused after arraignment makes an irregular pleading, or after a plea of guilty...
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No Double Jeopardy under UCMJ
Sep 20, 2011
Under the UCMJ a service member may not be charged a second time for the same offense. See 844. ART. 44 where the UCMJ provides: (a) No person may, without his consent, be tried a second time for the s...
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Oaths Under the UCMJ
Sep 20, 2011
Under the UCMJ, Service members and trial counsel must take oaths. See 842. ART. 42. Where the UCMJ provides that :(a) Before performing their respective duties, military judges, members of general and...
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