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Recent military law questions

Could accepting a conditional waiver misconduct separation

could accepting a conditional waiver for a misconduct separation board be considered as an admission of guilt by civilian court?JA: Since laws vary from place to place, what state is this in?Customer: montanaJA: Huh?Customer: i'm in the state of montanaJA: Have you consulted a lawyer yet?Customer: it's difficult. I'm an AGR soldier so Jag is two states away.JA: Is there anything else important you think the Military Lawyer should know?Customer: noJA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Military Lawyer about your situation and then connect you two.

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P. Simmons

Attorney

Doctoral Degree

 
34,190 satisfied customers
My son was at Air Force boot camp, halfway through. He was

Hello,My son was at Air Force boot camp, halfway through. He was selected to get an Intelligence branch job and was starting the clearance process when in one interview he was asked if he had ever attempted suicide. He said he had, as a child of 12 or so (this was news to his mother and I). Based on that, the Air Force told him he could apply for a waiver and wait, or go home and apply for the waiver. Now he is being told there is no way that the waiver will be granted, after he was told yes, there is a chance. I don't know the details of what he actually did, but does not the fact that he was a child, and there was no Emergency Room visit or any kind of medical problem resulting from the attempt have any mitigating effect? He is now processing out and will be home in a few days. Assuming he would like to try to get back in, what would you advise?

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Marsha411JD

Doctoral Degree

 
18,510 satisfied customers
I have to this question. When a private Security

I have a follow up to this question. When a private Security company that I'm looking into applying ask you to list your military service and they get a copy of the DD214 what else would they have access to view? I was detained for questioning while inthe service by the MP's and released back to my unit. No arrest or any charges. I just had Article 15 NJP. I've had backgrounds and always been honest when completing, but want to make sure that I don't hinder myself while applying.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

 
17,430 satisfied customers
Please read the article attached to the link before you

Please read the article attached to the link before you continue. Is that article true regarding the army national guard?? The reason I ask is because my brother and I have spoken to are recruiters/ commanders. Clearly they are not happy that we want toback out and I don't know if there telling us things that are untrue just to get us to commit. They said if we want an entry level seperation to just go to basic and then just ask to leave and we will be sent home and be done with it all. Personally we thinkthat's a huge waist of time. Idk what type of discharge would come from that even tho were told it would be entry level seperation. They told us if we refuse to ship they will just keep re scheduling the ship date and if we don't show up to drill every monthwe would be considered AWOL. Is this true??? Or is the article I sent you true??? Cause we're supposed to ship in a couple of days and we don't want to ship if we don't have to. Your advice is going to play a major role in our decision so please don't saysomething unless your 100% sure. Thank you

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

 
17,430 satisfied customers
How you doing sir, The reason I'm contacting you is because I have a question regar

How you doing sir,The reason I'm contacting you is because I have a question regarding the army national guard. Joining the guard was something I never planned to do. However, my brother talked me into it. The benefits were good and putting down the guard on any application looks good. We're supposed to ship off to basic on the 23rd of November. However, my brother is no longer interested in moving fowrard with the guard and he wants out. He could personally care less about getting a general discharge. As for me, doing the guard was something I wanted to do with him and if he's no longer interested ethier am I. But I don't want a general discharge. I know even tho it's not dishonorable it still doesn't look great. Any recommendations?? At this point I would rather just go back to school next semester and move forward with a few potential job offers I have. I don't want this to hurt my chances of getting a job in the future in the civilian world. Officially we've only been in for a l

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

 
17,430 satisfied customers
My son is in the Army and may have a deferred adjudication

My son is in the Army and may have a deferred adjudication of a felony. Will he be allowed to stay in the Army? The charge is evading police officers.

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P. Simmons

Attorney

Doctoral Degree

 
34,190 satisfied customers
My wife is an Army Major. She is nurse corp officer. My wife

My wife is an Army Major. She is nurse corp officer. My wife is at 19 years and 4 months, will retire next Summer. She is receiving a GOMAR for being late to work several times this year. She is having problems because we lost our son 2 years ago from SIDs which I blame on a PCS to Hawaii. She is having severe depression and anxiety from this which caused her problems. However, the Army is not treating her psychiatric condition, they are just labeling it simple grief and anxiety. I am a physician and it is not simple. We have tried to get a civilian second opinion but the command will not let her and now want to punish her with the GOMAR. How can we fight this?

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P. Simmons

Attorney

Doctoral Degree

 
34,190 satisfied customers
If an army officer in the US army reserves gets a "threat of

If an army officer in the US army reserves gets a "threat of violence" conviction, will he lose his commission? He got into a fight with his boss in his civilian workplace. He didn't touch his boss but he yelled at him. It's because his boss bullied him and ordered him to do stuff not in his job description everyday and on the last day, the boss was especially abusive. His boss has a history of drugs and theft arrests. This is his first arrest. His rank in the US Army reserve is 1LT. He also has secret clearance. Will he lose that too with the conviction? Does he need a lawyer at the court hearing? Or can he represent himself? What do you recommend? Can you give me some sources/sites to show him? Thank you.

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P. Simmons

Attorney

Doctoral Degree

 
34,190 satisfied customers
My husband is an army officer. His euqiptment is missing. The

My husband is an army officer. His euqiptment is missing. The value of the euqiptment is about 7000$ . Non sensitive items. The vault was accessble by several people. His chain of command told him that he might need to pay for the item. And, they also said that he will get bad OER etc. They even mentioned relief for cause. I wanted to know is there anything he can do. I think this entire process is pretty unfair for him.

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P. Simmons

Attorney

Doctoral Degree

 
34,190 satisfied customers
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