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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 33070
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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My husband was indicted domestic assault and is due to

Customer Question

my husband was indicted for aggravated domestic assault and is due to retire. if he is convicted by the state of MS will he loose all his benefits? He has been in the Army for 20 years and he is an E-8. We have been married 15 years and never once has this happened. The military did not help my husband when I went to his LC and told him that my husband need help for PTSD and drinking to much. This a civilian case and this ADA is brutal and wanting to make a name for herself.
Submitted: 1 year ago.
Category: Military Law
Expert:  P. Simmons replied 1 year ago.

My name is***** have over 16 years experience in the law. Should you like to chat on the phone I am happy to for a nominal cost. Let me know at any time during our question and answer session if you are interested I am happy to give you more details.

Can you tell me, is your spouse still on active duty? Or has he retired from the Army?

Customer: replied 1 year ago.
Active duty, he does not know if he can retire or not?
Expert:  P. Simmons replied 1 year ago.

Thank you
Can you tell me, has he applied to retire yet?

Customer: replied 1 year ago.
we need to know if he takes a plea deal stating that he is a convicted felon, 5 years probation and 2500.00 fine will he loose all benefits. We have a 10 year old son. we need our benefits. No he has not applied for retirement yet.
Expert:  P. Simmons replied 1 year ago.

thanks

That depends on what the Army does.

IF he has more than 20 years of service, he gets to retire UNLESS the Army is able to convict him at court martial AND obtain a punitive discharge (that is, take him to court and obtain a discharge as part of the court martial sentence)

The law allows BOTH the civilians and the military to prosecute an offense....so the Army can prosecute him at court martial while or after his civilian trial. IF they do...and if they (the Army) are able to obtain a conviction that included a punitive discharge your spouse will loose all benefit.

Otherwise, he keeps his benefits.

It is an all or nothing circumstance.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 1 year ago.
Ok well the Army has not stepped in at all nor have they helped my husband in anyway. So do you think he should go ahead drop his retirement package?
Expert:  P. Simmons replied 1 year ago.

Yes. If he is luck they will allow him to retire without prosecuting him.

Customer: replied 1 year ago.
OK what are the propablilities that military will?
Expert:  P. Simmons replied 1 year ago.

That depends on his command....particularly his commander. It would be up to his commander to bring charges. If he has a good reputation at his command, it may be they do not bring charges.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 1 year ago.
He has been a very wonderful dedicated soldier. He has been deployed 5 times and seen some horrible things. He lost his dad to cancer 4 months after his last tour. We need to see a light at the end of the tunnel.
Expert:  P. Simmons replied 1 year ago.

I understand...and recommend he submit for retirement asap. If he is lucky they will let him leave.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 1 year ago.
Thank you so much. I feel horrible and this whole situation has made so sick.
Expert:  P. Simmons replied 1 year ago.

welcome. And best of luck through this mess

phil

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