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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26530
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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My now ex husband (he divorced me in April) was in the Army,

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My now ex husband (he divorced me in April) was in the Army, he ETSed in June. He had a separation hearing in May, obviously he was not separated. He was charged and arrested in Oct 2012 for raping my 7 year old daughter. He was just convicted in a civilian court last week. I was not allowed to file for Transitional Compensation since he was not separated. Is there anything I can do now he has been convicted of 4 felony charges? We have a 3 year old son together.
Submitted: 12 months ago.
Category: Military Law
Expert:  P. Simmons replied 12 months ago.
Hi, My name is Philip. I am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

Ma'am, transitional compensation will only apply in the case of members separated from the service. I understand he was convicted of civilian charges...but that would not trigger the provision for transitional compensation. It only kicks in when the member is separated from the military. Is the military also going to take him to court marital?
Customer: replied 12 months ago.

I was told by the JAG that handled his separation that he can not be court marshalled after ETS...? I'm not a lawyer, just an Army brat/wife, but it's always been my understanding that if he was a service member at the time he committed his crimes he could still be subject to military prosecution.


We did live off post, which is why it was handled by the civilian court.


Again, his separation hearing was not till May, but he was arrested on Oct 24, 2012. The only reason his separation hearing was finally pushed through was because he was ETSing in June.


I feel that they sat on it too long and we hasty, putting too much consideration in the fact he was ETSing in a few weeks anyways.

Expert:  P. Simmons replied 12 months ago.
But is he still in?

If not was he separated based on this child sexual abuse?
Customer: replied 12 months ago.

No, he's not in, he got out in June.


He was not separated.


He received an honorable discharge.

Expert:  P. Simmons replied 12 months ago.
ahh

Thank you


I am very sorry to have to bear bad news.

Transitional compensation can ONLY be provided for an early separation. If, for example, he had been separated early for this domestic violence, then you would be eligible.

But since he was separated at the end of his service. There is no way that you can get compensation. The statute that applies will not allow compensation for a dependent of a servicememeber who is subjected to domestic violence.


Please let me know if you have more questions...happy to assist if I can
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26530
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
P. Simmons and 4 other Military Law Specialists are ready to help you
Customer: replied 12 months ago.

If someone who testified at his separation hearing lied, could I ask for some sort of review?


His father stated that the police transcript of the service members police interview was paraphrased, taken out of context and just wrong. Because the trial is over, I was finally allowed to see this interview tape, and what the transcript says is word for word.


I was told I can sue my ex civilly, but he has nothing, especially now he will be incarcerated for life. Could I sue his family? They paid for his bond, criminal attorney and divorce attorney. And especially since my ex father in law lied at the separation hearing, and the children and I were since unable to get Transitional Compensation.

Expert:  P. Simmons replied 12 months ago.
The problem you have is that it will not matter. He is now out...they only way you could get transitional comp is if he was discharged early for misconduct.

He is out now....they can not pull him back and discharge him for misconduct. That is not legally possible.

As for lawsuit? You can sue him...but if he has no money, then that will not help you much

As for his family? Can you sue them? If you could show that the father lied and the lie cost you money? Then you could sue for fraud...but this is an uphill battle. It would be a challenge to sue him...you have to hire a lawyer to sue. Then you have to prove he lied. Then you have to prove had he not lied the military would have separated (that would be difficult to do) then you have to prove that you would have received transitional compensation

So in theory sure

In practice? I do not think it would be worth the cost of hiring a lawyer




Customer: replied 12 months ago.

Understandable. Thank you.

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