How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
A new question is answered every 9 seconds

Ask a Military Lawyer

P. Simmons
P. Simmons, Military Lawyer
Category: General
Satisfied Customers: 11988
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
11181181
Type Your Military Law Question Here...
characters left:
2 Military Lawyers are Online Now

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Military Demotion Questions

Military demotion will often raise many questions. Is it fair? Is it legal? Who do I talk to? Many people choose to ask the Military Experts to get the answers to the many questions they have regarding military demotion and demotion law. Below are five of the top five questions answered by the Experts.

If a soldier is demoted from an E5 to an E4, do they have to go before the promotion board in order to be promoted?

An Article 15 under the Uniform Code of Military Justice which is Title 47 of the United States Code (47 USC) is what is known as a "non-judicial punishment" it is in lieu of a court martial procedure and can be voluntarily accepted by a soldier to have his/her case heard by a commander and, if the commander finds guilt, to impose a punishment. There are a couple of advantages in receiving an Article 15; you won't be discharged, you won't go to jail, and you won't carry a federal conviction or court martial. However, demotion is one of the penalties that you may receive. In order to receive a promotion after being demoted, you must go before a commander and have your case heard. You must also be recommended by your commanding officer for the promotion.

Can a soldier be demoted if he refuses a promotion?

Generally, a soldier's command will convene a competency review board to determine if the soldier is efficient at his current job. Prior to the board, the soldier is entitled to legal consultation from an attorney. The board isn't a criminal proceeding, but an administrative one. If the board concludes that the soldier is not able to perform his current job, he can be demoted in rank. In the event that the soldier opts out of a promotion, he/she isn't automatically qualified for a demotion. The command will usually convene a board for the purpose of determining whether or not to reduce the soldiers rank.

Are soldiers entitled to a hearing if they are going to be demoted or separated for not passing a test?

Here is a review of regulations regarding demotion in the Air force: Here is the Air Force Instruction that applies for demotion.

After reading the regulations, you will realize that you have rights that you can exercise if you are up for a demotion. You can speak with Judge Advocate General and submit any material that would support why you cannot pass the test and why you should not be demoted. He should also offer letters from his chain of command offering a show of support. However, the rules read as this; Airmen may be demoted for failing to maintain or failing to demonstrate the ability and willingness to attain physical standards. Without a legitimate reason for his inability to pass his test, he will probably be demoted.

The regulations that apply to separation are shown here: http://www.af.mil/shared/media/epubs/AFI36-3208.pdf

If you have been in the service longer than six years, you are allowed a hearing before the military can discharge you. It may be possible for you to convince the command to keep you. The ADC will give you an attorney for your hearing, but you may want to hire an attorney. If you can find a seasoned attorney who is familiar with military law, you stand a better chance of winning.

Can the spouse of a military member submit a letter concerning their spouse being demoted and how the demotion will affect the family?

As the spouse, you should have the right to express your views to the commander since your spouse's demotion will affect your future as well as his. The Air Defense Commander (ADC) should have given your husband a package to fill out; this is where you should have added your letter. If the package has already been turned in, your letter may have little effect on the commands decision. If you are willing to push the bar, you can always have the ADC submit an addendum to allow your letter to be added to your husband's submission.

Is it legal to be demoted by a commander for filing a grievance against a chief?

You have a right to file a grievance against a chief, however, they cannot retaliate .If you receive a demotion because you have filed a grievance, you may have a complaint under the whistleblower statute or UCMJ, based on retaliation. You should use the ADC to your advantage and submit a rebuttal to the LOR.

Being demoted can not only affect your status but it can affect your financial stability. Being wrongfully demoted can cause hurt feelings among staff and cause potential unrest among the platoon members. If you have been affected by a demotion or if you just have questions about demotion law, you can ask the Military Experts. The Experts can answer any question you have regarding demotion law in an efficient and knowledgeable manner.

Ask a Military Lawyer

P. Simmons
P. Simmons, Military Lawyer
Category: General
Satisfied Customers: 11988
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
11181181
Type Your Military Law Question Here...
characters left:
2 Military Lawyers are Online Now

How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

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 Demotion Questions

< Last | Next >
View More Military Law Questions