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Questions on Air Force Law

The Air Force offers a wide range of services to the military by air. From nuclear deterrence operations to global precision attack, the Air Force offers superior protection and defense to the military. Many people are unaware of the vast possibilities the Air Force has to offer. Air force laws and regulations can lead to many questions much like the ones below.

What would be the penalty for using the drug "Spice" before the military ban?

Technically speaking, usually nothing would happen as far as criminal action. The fact that you used a substance during the time that it was legal still may have some adverse affects on your military career. Your command may wonder about your judgment, which could possibly result in a slow climb towards promotion. There are ways that you could possibly be disciplined that are not as obvious. Slight marks to your test scores, is an example of the discretionary consequences that you could face.

If a person is separated during basic training due to an injury, can they sue the Air Force for failing to give an appropriate discharge such as a medical discharge?

You can attempt to sue the military if you have applied to the board of corrections for records and were denied. However, because you were injured in basic training, you may not have case. The reason for this is the military has the right to give you an "entry level separation" during the first 180 days of your service. Much like a probation period, within the 180 days, you have few rights. Without having evidence that the military did something illegal, you probably won't be able to get a judge to order a change of discharge.

Can you be discharged from the Air Force for saying you would do everything in your power to keep from killing another person?

It is possible to be discharged from the Air Force by conscientious objector if you make these statements based on your religious beliefs. However, the process usually takes up to six months. More than likely, you would receive an honorable discharge; however it is possible that you could receive a general discharge, under honorable conditions.

Is an active duty Air force officer allowed to date an enlisted Army Reservist?

The Air Force frowns upon any relationship between an officer and an enlisted person. The Air force carries a strict rule policy which prohibits all relationships between officers and enlisted. However, there are some commanders who are not as strict when it comes to issues such as this and may allow the relationship to happen. This of course, will depend on the command but the law also permits the commander to seek charges if they choose to.

My husband is in the Air Force and we have separated. What can I do to ensure that he will help me financially?

Your husband has to offer some form of support, he is required to. If your husband doesn't support you, he could be in trouble with the UCMJ. You would be entitled to a portion of his housing allowance if he is receiving any and also child support if you have children. The child support can be enforced through VA child protective services. If your husband is receiving a housing allowance and doesn't give you a portion, you can inform DFAS and his allowance will be ended. You also may want to contact the NOB or speak to a visiting JAG.

The Air Force is a branch of the military which enforces by air. Many people choose the Air Force for its many advantages. However, sometimes there can be issues about Air Force laws if you are unaware of Air Force regulations. If you find yourself in a situation that requires legal insight, you should ask an Expert in Military Law for legal assistance.

Ask a Military Lawyer

P. Simmons
P. Simmons, Military Lawyer
Category: General
Satisfied Customers: 11944
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
11181181
Type Your Military Law Question Here...
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Military Lawyers are Online Now

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Military Lawyers are online & ready to help you now

P. Simmons
Military Lawyer
Satisfied Customers: 11441
Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Allen M., Esq.
Lawyer
Satisfied Customers: 4035
Lawyer and current JAG officer.
Marsha411JD
Lawyer
Satisfied Customers: 1149
Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG

Recent Air Force Questions

  • Hey Allen,my son is in boot camp right now. He didn't pass

    Hey Allen,my son is in boot camp right now. He didn't pass his last physical (2 mile run) his drill instructor wanted to send in for physical training and then AIT but was over rode by the first sergant
    and he is getting an ELS. they tell him he can try again in 6 months? very confused can you help?
  • My former spouse was awarded 40% of my retirement in the divorce.

    My former spouse was awarded 40% of my retirement in the divorce. I submitted through DFAS for her to receive her award from therm. The process took 9 months before It was automatically deducted. She continued to receive her entitlement directly from me via check. Do I have the ability to re-coup taxes paid on her award.
    Thank you
  • I was divorced in 2001, and was an E-7 in the Air National

    I was divorced in 2001, and was an E-7 in the Air National Guard with approximately 25 years service. After the divorce I continued on in the Air Guard for another 9 years and was promoted to E8. My ex will get a percentage of my military retirement when I begin to collect it at age 60. My question is, will the percentage she gets be based on my E7/25 years or E8/30 years?
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