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Recent military law questions

I want to know if I'm entitled to bah JA: The Military

I want to know if I'm entitled to bahJA: The Military Lawyer will need to help you with this. Have you consulted a lawyer yet?Customer: No, not yet. I've done a little bit of research, I just an actual lawyer to know what I'm entitled toJA: Please tell me everything you can about this issue so the Military Lawyer can help you best. Please give me a bit more information, so we can help you best.Customer: My spouse is in the Marines- E6 w/ 13 yrs. he has orders in New Orleans in July (which I know his bah increases) As for me since we've been married I always lived in Wisconsin because of an court order custody agreement that is in place for my daughter (which is my husband stepchild) my husband also told me the only money he gets for the both of us is $250 which comes from spouse separation (my daughter and I are also in Deers)JA: Is there anything else important you think the Military Lawyer should know?Customer: Yes if I'm entitled to it. how much am I entitled to? (Also he doesn't live on the barricks) I also would like to know if it is actually true the only funds he gets for us is spouse separation.JA: 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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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

 
17,430 satisfied customers
I was arrested in california 647(f), public intoxication.

I was arrested in california for pc 647(f), public intoxication. I am in the California Army National Guard. I was later released without a court date or citation. No charges filed. Do I have to report it to my commanding officer?

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P. Simmons

Attorney

Doctoral Degree

 
34,190 satisfied customers
I am a US Marine currently assigned as a recruiter. Due to

I am a US Marine currently assigned as a recruiter. Due to what I feel are unsatisfactory work conditions that are adversely impacting my family and my mental health (70 hour work weeks, complete disregard for my own and my family's physical/mental/emotional well being), I notified my commanding officer that I want to be reassigned and do not wish to continue my tour of recruiting duty. My commanding officer became irate and notified me that I was not authorized to resign my duties, and that if I refused to continue my recruiting duties, that she will charge me with Article 92 and/or Article 15 non-judicial punishment, continually until my career is destroyed. I have never had any punitive or disciplinary paperwork or actions taken against me in my 8 years of service. Up to this point, I have had an exemplary career. I have no desire to continue my service at this point, but I want to know to what extent would this likely be pursued? I imagine this is likely an article 15 NJP type of offense, but can I continually be given subsequent article 15's indefinitely? When and how does this end, and how would it impact my discharge? What, if anything, can I do to defend myself?

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

 
17,430 satisfied customers
My husband was recently threatened by s Platoon Seargent

My husband was recently threatened by his Platoon Seargent with UCMJ charges for malingering. Last Monday, 4/11, he was called to the office by his platoon sgt. where he was told that he did not believe he had a back injury. He was told that if he does not reach 200lbs or less by 6-1-16, that he would be pressing malingering charges against him. He has made solid progress with his weight. At his January weigh in, he weighed 228lbs and at his March weigh in, he was 216lbs. He has not yet been weighed for April, but is still on the right path. He was also told that he hasn't had an active profile since August and needed to take the upcoming PT test this Thursday.He has received treatments for back pain from the clinic, physical therapy, and physical medicine and has been told different issues from each. He is currently being treated with steroid injections in his back, along with a tens unit prescribed for the house because the pain is constantly there. His clinic provider told him the MRI showed fluid build up in his spine (who 2 months later said he could find nothing wrong and spoke with his Platoon Sgt. on 4/11, which started this situation), his physical therapist told him that he had mild scoliosis, and Physical medicine told him he had T4 and T5 deterioration as well as an L3 compaction.Being med boarded has been brought up to him numerous times by different providers and even his platoon Sgt. I feel as if they are trying to push him out for malingering so they don't have to deal with his disability. He is constantly discriminated against, pulling the same extra duties as other soldiers (they get a comp day) and he does not. He has been promised comp days without receiving them, even when other soldiers get theirs. He has never in any way refused a duty, let alone to his back injury.Today, he spoke with a provider to get his profile renewed (that he thought was done in Feb) since they cannot turn people away on MOD and they are REFUSING to see him until his pt test is done Thursday. He did not even ask for a profile renewal specifically, he is having shoulder pain as well. I am not sure of the legalities of this. It is one thing to deny treatment or giving a profile, it is another to refuse to see him.I would like some advice on how to proceed at this point. He is not comfortable going up his chain of command seeing as how there is discrimination in the ranks and feels he will be unfairly treated as he already has.Thank you in advance.

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P. Simmons

Attorney

Doctoral Degree

 
34,190 satisfied customers
I am supposed to join navy boot camp as a reserve in few

I am supposed to join navy boot camp as a reserve in few days. 2 months ago,I went to MEPS with my recruiter and took first oath. I was supposed to leave for boot camp at the end of this year but suddenly one day my recruiter asked me that I'm leaving at the end of april. From first oath to uptil now, certain things have happened in my life .Due to these , it is difficult for me to join navy. Can I deny to go to boot camp?. If I don't go in boot camp, will it have any impact on my naturalization process (at the end of this year).? Will there be any impact on my job or doing business in future?. If I don't go in boot camp, what kind of discharge, navy will issue me?

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P. Simmons

Attorney

Doctoral Degree

 
34,190 satisfied customers
I was charged with Article 112 Drunk on Duty. First Sergeant

I was charged with Article 112 Drunk on Duty. First Sergeant claimed to smell alcohol on me. I was read my rights and told them I wanted to see the Area Defense Counsel. She let me leaves, then as I drive to ADC she tells a coworker to call me back to my Unit. I arrive back, she states she feels its not safe for me to drive and orders me not to drive for the rest of the day. No Breathalyzer or Blood work completed. What kind of punishment could I be facing? or actions I could take to mitigate this. I have no record of discipline and an exemplary troop.

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Marsha411JD

Doctoral Degree

 
18,510 satisfied customers
I was notified chapter 13 discharge to over

I was notified for a chapter 13 discharge for failure to over come a bar due to physical limitations...I am currently going through a meb...what type of discharge should I expect? Note : I was arrested over a year ago for drunk and disorderly conduct... case was dismissed..i have served for over 16 yrs and have never been in trouble

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P. Simmons

Attorney

Doctoral Degree

 
34,190 satisfied customers
I was injured, in a flight line accident in summer 1962. The

I was injured, in a flight line accident in summer 1962. The doctor who treated me, told me that my back injury was inoperable and that I would have to wear the back brace for the rest of my life. I was given a permanent "no Duty" slip. My commanding officer recommended me for re-enlistment, but I made a decision to go to college and asked for an early out. I received and honorable discharge for the convenience of the government AFR 39-14. I just recently got copies of my military papers from the St Louis records center, but they do not have my medical records. I believe I should have gotten a medical discharge. Is there anything I can do. thank you G.H.Vaughn AF# *****

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

 
17,430 satisfied customers
My name is***** I met a man on a dating site

My name is***** I met a man on a dating site that claims to be a United States Army soldier in Afghanistan. After we spoke many times online he told me he wanted to opt out of his deployment. He told me he wanted to revoke his own deployment orders. This is something I have never heard of before. Long story short, he gave me an email address of what he called his undercover agent and asked me to write him and ask him how I can help get this man out of the military. I sent an email to the person that he gave me and I got an email back from someone claiming to be a lieutenant general with the first Battalion the man told me that I would have to pay $1350 to him to buy this soldiers opt out. It sounds like a scam to me have you ever heard of anything like this?JA: Thanks. Can you give me any more details about your issue?Customer: The soldier claims to be Sgt Maj Steven SchultzJA: OK got it. Last thing — Military Lawyers generally expect a deposit of about $18 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

 
17,430 satisfied customers
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