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I am researching UCMJ offenses. I found your response few

I am researching UCMJ offenses. I found your response few years back that article 92 dereliction of duty statute of limitations is 5 years. Is that during wartime as well (Iraq/Afghanistan)? Or is it a capital offense because it is wartime? The internet searches I have done are unclear as to how dereliction of duty is treated specifically in wartime.

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Marsha411JD

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You are live right now? : you are a real person correct? : i

you are live right now?JA: Because laws vary from state to state, could you tell me what state is this in?Customer: you are a real person correct?JA: I'm an assistant to the Military Lawyer. I work with them to help customers like you.Customer: i thought you were a prior military lawyerJA: OK. The Military Lawyer will need to help you with this.Customer: so you are a robotJA: It makes me sad that you don't believe in me. Maybe I'll be like Tinkerbell and die unless you believe I'm real.Customer: ok sorry. my issue is that i am in the school house of fort leonard wood missouri and am potentially suspected of innappropriate relationship with a studentJA: Have you talked to a lawyer yet?Customer: i talked to a military lawyer but i wanted a second opinion. there is a girl who over one conversation was flirting with me and sent me some pictures. they were not naked pics or anything else. she told me she had other pictures with her having sex with NCOs and SNCOs. i took this as a sexual advance.JA: OK. To minimize me, please click the down arrow at the top right corner of this box. OK. To minimize me, please click the down arrow at the top right corner of this box. Anything else you think the lawyer should know?Customer: i told her i did not want to continue the conversation, to delete the conversation, and that we would not be having sex or any other type of relationship. my military lawyer here said at most art 92 but she thinks less. what should i consider in this situation? and what possible outcomes do you see?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

 
17,444 satisfied customers
My name is , I have been in the Army National Guard 11 years

My name is Christopher,I have been in the Army National Guard for almost 11 years now, I have a clean record and great evaluations; however, I am looking for a way out of my contract early if at all possible. Though i don't want a dishonorable or negative discharge in doing so.Almost my entire time in I have worked full time with the Guard or have been on active duty orders. However, a couple years ago I decided to finally focus on a civil***** *****fe and career. I decided I wanted to fly helicopters for a living, so I moved 240 miles away from my unit to go to an approved flight program that's also tied to a university so I could get my degree at the same time. The month to month drills proved far to stressful, I was making less money than the cost to go to drill. The drill weekends and the 2 weeks a year were also getting in the way of my flight program causing me to have to redo very expensive labs all over again and miss many important tests and opportunities. Due to this and other circumstances negative complications grew between my unit and I, as a last ditch effort to protect myself from my unit and buy me time to focus on my training and education I transferred to the Inactive National Guard (ING) for 18 months.My ING contract ends at the end of this month but now I'm running into more problems. it appears that I will now have to extend my contract for another 18 months to cover the ING time. Remaining in the Army National Guard is directly preventing me from getting a helicopter job. I have been licensed to fly for a year now but almost every starting job I find is located nowhere around a NG unit, constantly on the move or is at sea. My original ETS would be next September, but this is before having to extend another 18 months now. Preventing me from beginning my career for another 3 years. This is causing me to work minimum wage jobs and is putting a huge hardship in my life. When I go to my drill weekends i have to dump large sums of money into my truck every month to make the almost 500 miles round journey back and forth to drill. I also have to pay for all my food and usually I am forced to sleep in my truck.My educational advances are also being hindered, unlike conventional jobs I have to travel around and work in different industries and companies in order to gain additional certificates, ratings and logged times; this can last from months to years and I can't just transfer to a different guard unit every couple months. So I am unable to further my chosen career, much less start it.Not to count, my last couple of years in college have allowed me to expand my education and research topics far more in depth than I ever have. And I can say clearly now that though I have had some amazing times and experiences in the armed forces I no longer agree with the military, and I don't know how I can spend the next few years supporting an organization that (currently) stands for everything I'm against. I would say that being a consciences objector may be a relatively new title for me, but it is one I would say fits me well.Basically in a nutshell, I am stuck and don't know what to do. I have never broken a contract early and know that I am obligated to fulfill my end of the bargain. Yet I know that I will not reenlist ever again. On a professional level as long as I am in the National Guard I cannot start my career or advance my training/education until I am out. And on a personal level the monthly drills are a havoc on my life and fostering great financial/educational hardships.Is there anything that I can do? The helicopter industry is almost completely run by veterans so a negative/dishonorable discharge would absolutely prevent me from ever getting a job in this field. I am just looking for a way to start my life. I don't really know who to talk to or much about this process if it exists, when I signed those contracts years ago I couldn't have ever foreseen these circumstances.I know this is a bit lonJA: OK. The Military Lawyer will need to help you with this. Because laws vary from state to state, could you tell me what state is this in?Customer: UtahJA: Have you consulted a lawyer yet?Customer: No not yet, i dont know anything about this so im just trying to gather some information.JA: Is there anything else the Military Lawyer should be aware of?Customer: Nothing i can think ofJA: 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

 
17,444 satisfied customers
I enlisted in USAR in October 2015 and started IET training

I enlisted in USAR in October 2015 and started IET training in January 2016. I have now been suggested for a discharge because of lyme disease I obtained in 2016. What discharge would this be considered? I was under the impression this would not be EPTS because 180 days of service started when I orginally enlisted. If it is indeed not an EPTS do i recieve any benefits.

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P. Simmons

Attorney

Doctoral Degree

 
34,196 satisfied customers
I have a very simple question...... In the national guard,

I have a very simple question...... In the national guard, what is a better option.. IRR or INR? I have to take care of an ill parent and there doesn't seem to be any end in sight with this responsibility.JA: OK. The Military Lawyer will need to help you with this. Because laws vary from state to state, could you tell me what state is this in?Customer: New YorkJA: Have you consulted a lawyer yet?Customer: nopeJA: Is there anything else the Military Lawyer should be aware of?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

 
34,196 satisfied customers
I am an E-3 Navy corpsman about to return from deployment.

Hello I am an E-3 Navy corpsman about to return from deployment. My HYT is in 6 months but due to my 5 year mark. I got NJP'd down to E-2 1.5 years ago. Will I still qualify for HYT pay? I've been approved for reenlistment and have good evals otherwise. I will get an honorable discharge and have always scored high on my exams

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P. Simmons

Attorney

Doctoral Degree

 
34,196 satisfied customers
If I stop going to drill and get discharged will I lose my

If I stop going to drill and get discharged will I lose my va benefits if I already have an honorable discharge from active duty?

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P. Simmons

Attorney

Doctoral Degree

 
34,196 satisfied customers
This will be long so I'm just going to stick with the facts.

This will be long so I'm just going to stick with the facts. In October 2015 I received a DWI, I was counseled that I was going to be initiated for a chapter under 14-12c. At first it looked like it was gonna go in my favor, so the acting csm and BC decided to put me on extra duty. Which included moving 1200lbs. Of gravel, rebuilding a retaining wall, fixing posts. Lifting railroad ties, painting murals, staying late, and just all around work where ever the battalion needed it. Then about two months later I was told that they were gonna go through with the chapter and to let my family know. I was upset becsuse I felt like I had already been given a punishment. Although there was no paperwork involved I have sgt's that are willing to put down letters to attest to the work I did do. Fast forward two more months and I still hadn't been read for the chapter, even though I was still doing all the rnu work. At this point my unit came back from deployment and I was moved back to the battery. I was told that the packet had been lost and that since I had worked really hard that my flags and re enlistment code were going to be lifted, and they were. Now fast forward another two months. As I'm trying to re enlist, the packet somehow magically appears up at brigade and now they are trying to chapter me. The medical physicals are over a year old, and Im not even flagged. I was even about to re enlist...I had signed my portion of the contract and everything. I was reading yesterday, even though I'm not flagged and I have paperwork saying it was closed out favorable. When I tried to talk to TDS he wouldn't answer my questions or give me straight answers just tried to MIS direct me. My question is do I have a case, should I go to IG, or should I just submit my letters of appeal and hope for the best.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

 
17,444 satisfied customers
I was former active duty and received disability from the

Hi, I was former active duty and received disability from the VA at 50%. I inquired with an Air Force Reserve recruiter about possibly joining the reserves after 3.5 years of being in out of the military. She had me take the military physical paperwork to my civilian physician to complete, which I did. After turning in the paperwork she said that it was a good thing that she didn't have to send me to MEPS because she knew I would be disqualified. The recruiter sent the paperwork and the command approved me. I went to my first UTA and did a physical with the unit and the doctor noticed my back problems and after full disclosure he said I should've never been allowed in. I gave full disclosure of my disabilities and offered to give my VA documents to the recruiter which she refused during the qualification process. After being told by the doctor that I should not have been approved I contacted the recruiter. She claimed that I did not tell her about my back issues, although it was on the self-identified physical form. Then she went into legal mode by only communicating through her government email and telling me that she needed to talk to her boss. I am afraid they are going to try to spin it as fraudulent enlistment when in reality she should have sent me to MEPS for a proper physical and therefore this would be an erroneous enlistment. I am not sure whether I should seek legal counsel or wait to see what happens.JA: OK. The Military Lawyer will need to help you with this. Have you consulted a lawyer yet?Customer: No. I am not sure if I should seek legal counsel yet.JA: Is there anything else the Military Lawyer should be aware of?Customer: I attended my first UTA this last weekend and that is when the doctor discovered that I should not have been allowed to enter service. He did not say what he would do. I signed the contract just over 2 weeks ago.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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Marsha411JD

Doctoral Degree

 
18,512 satisfied customers
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