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I received a GCM. 128; child abuse. I was sentenced to ten

I received a GCM for Art. 128; child abuse. I was sentenced to ten years in 1995, and served seven years and ten months. While at the USDB I was again convicted of Article 128 on a law enforcement officer and received a concurrent 15-month sentence in the hole. I was also fingerprinted for this, showing two separate assault convictions with no distinction between being incarcerated and not. Incidentally, I'm sure you hear this a lot but upon appeal the government cited they lost my ROT, and decided upon the original GCM. And a TORT claim was settled by the DOD for $3.1 million for the care of my son, post-morbitidy/mortality report. Look it up. Anyways, this is probably an absolutely ridiculous question, and is more to put to rest any hopes I may have, but can I ever received a PERC or FOID card. Thank-you for your time.

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Marsha411JD

Doctoral Degree

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UCMJ has convicted and sentenced my husband of child abuse

UCMJ has convicted and sentenced my husband of child abuse (excessive spanking) of his 2 (now adult children) and an isolated child sexual touch charge on his (now adult step daughter) - all from a previous marriage. The charges are from 2000-2003. I thought that there was a 5 year statute of limitation and don't understand why it didn't apply here. It was not even raised during the courts martial.

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P. Simmons

Attorney

Doctoral Degree

35,712 satisfied customers
There was an allegation of child abuse and child neglect against

There was an allegation of child abuse and child neglect against my wife (military dependent) and I. An MPO was given to us but revoked after a week. According to the SJA, no charges were filed but we have to attend FAP counseling and we agreed to this. A week after the incident occurred, my wife and I have been asked by NCIS to undergo booking procedures. We haven't been charged and I yhought the counseling was all that was needed. The question I have is do my wife and I need to comply with the booking procedures or can we say no? I am stationed in Singapore.

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Marsha411JD

Doctoral Degree

18,962 satisfied customers
How valid is a Family Advocacy case against a military spouse?

How valid is a Family Advocacy case against a military spouse? My wife was charged with child abuse while I was deployed over an argument with my 13 year old daughter. CPS dropped the case, but I found Army FAP picked it up and they "charged" her, and found her "guilty" through some sort of secret tribunal we were not allowed to attend nor even provide statements for. She was sentenced to a period of treatment, however she has been attending counseling through a non-military practice and does not want to switch. A letter came down my chain of command telling me that I need to ensure she follows the FAP's findings. I am curious as to what validity they have to enforce any of this?

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

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I am being with article 128 for spanking my children with a

I am being with article 128 for spanking my children with a belt. I did leave bruises and some redness and child protective services deemed it abuse. My kids are currently in foster care while I accomplish the respective case plan in order to get them back in my care. I did not know spanking was illegal. What possible punishments could I be recieving for spanking my children, am I looking at reduction in grade aswell?

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P. Simmons

Attorney

Doctoral Degree

35,712 satisfied customers
My sister in law was caught by my brother having an affair

My sister in law was caught by my brother having an affair with her (married) Civilian superior. She is in the USCG. They had been sleeping together in his office amongst other places. My brother discovered facebook messages and text messages between her and the CO. I have copies of some screen shots as well. They both asked him not to report the affair and destroy not only their personal lives but also professional. She called me asking me to help convince my brother to take her back. She confessed what she had done and repeatedly called herself a F-ing whore and said she knew now how great my brother is and that she doesn't want to lose him. I called the USCG and filed a complaint. I was told an investigator would contact me (this was around April 2013). To date I received one call and the investigator said he didn't need to interview me any more because he got what he needed. My sister in law went and called CPS and filed a restaining order and suddenly said my brother is a domestic and child abuser and he created the facebook posts as false evidence and he was simply paranoid and trying to get revenge on her. We also have months of cell phone records showing the text messages and communications between the parties in addition to the screen shots but the Coast Guard appears to be sweeping this under the rug. This woman is a dishonorable person and her misconduct should be punished. What recourse do we have when the USCG appears to be keeping things hush hush?

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P. Simmons

Attorney

Doctoral Degree

35,712 satisfied customers
i was detained by ncis in a child abuse claim filed washington

i was detained by ncis in a child abuse claim filed washington state about a yr ago my commanding officer recieved a call from ncis that the case had been dropped i was never arrested I.E handcuffed and dragged down to the office and i was never charged after im done with my navy career i wanted to pursue something else in the criminal justice field do i need to file for expungment is this going to be possible at all

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P. Simmons

Attorney

Doctoral Degree

35,712 satisfied customers
are there any laws in place that determine when a counselor

are there any laws in place that determine when a counselor should report something or break confidentiality? I've heard of legal cases where this has happened if the counselor believes actions could harm others? military counselors and military law?

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P. Simmons

Attorney

Doctoral Degree

35,712 satisfied customers
My 17 year marriage to soon to be ex was finally over after

My 17 year marriage to soon to be ex was finally over after I found out about her being a child abuser (our kids). Unfortunately, when we filed for legal separation in CT, I was so emotionally ruined i did not fully comprehend that she would be rewarded for that by receiving 43% of my retirment pay for the rest of her life. Now she is in contempt of the separation agreement (I foolishly agreed to legal separation to provide medical coverage for her to get treatment for a medical condition. She did not pursue treatment and sponged off of the agreement for a year before I found out) and I have discovered that had it been me as a child abuser, I would have lost all eligibility for retirement pay and benefits. What is my recourse to strip her of this eligibility so that I can better take care of my kids?

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P. Simmons

Attorney

Doctoral Degree

35,712 satisfied customers
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