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Department of Defense (DoD) Questions

What is the Department of Defense?

The Department of Defense is the section of the military that governs the rules, regulations and laws of the different branches of the armed forces. Having so many sections of regulations and laws may often confuse someone that is in the military if they do not understand what the DOD regulations are. Many times when dealing with the Department of Defense, questions may come up that one might not know the answers to. Read below where Experts answer questions regarding how the Department of Defense works and DOD regulations.

How can a person protect themselves from the Department of Defense condemning their land?

The person facing this will have to file a suit in federal court. In most situations, the Department of Defense cannot just take someone’s land without compensating them.

Can the Army force a soldier to attend a function and make them pay for dinner?

Many times the Army can make the function mandatory and they can make a soldier attend, but they cannot force the soldier to pay for the dinner.

Can a potential soldier enlist in the Navy, signs all his paper work, but has not shipped out for basic training, change his/her mind and not enlist after all?

If the soldier is on the deferred entry program and has not shipped for basic training, then he/she can decide not to join the Navy after all. Soldiers are not considered fully enlisted until they ship off for basic training, therefore the soldier would have to write a letter to the recruiting officer and state that he/she is not entering the Navy under the Department of Defense Directive 1332.14. This Directive states that anyone under the deferred entry program can request a separation.

Can the family members of a retired military serviceman still give him/her a military honor guard if his/her current spouse refuses one?

The soldier’s family can have an honor guard even if his/her current spouse does not have one. According to VA website, “Upon the family's request, Public Law 106-65 requires that every eligible veteran receive a military funeral honors ceremony, to include folding and presenting the United States burial flag and the playing of Taps. The law defines a military funeral honors detail as consisting of two or more uniformed military persons, with at least one being a member of the veteran's parent service of the armed forces.

Can a former spouse of a retired military soldier, who was awarded half of the soldier’s retirement in his/her divorce decree, lose their decreed amount if they refuse to sign the new decree

The former spouse that was ordered to pay will have to take his/her former spouse back to court and prove that there was a error in the original decree for the judge to agree to modify the decree if the former spouse that is to receive the payment does not consent to the changes. If the issue is taken to court, then the parties should hire a divorce attorney that is familiar with Former Spouse Protection Act.

The Department of Defense role in the military is a very complicated subject and may be confusing to many that have to deal with military legal issues. When a soldier and his/her family have questions or concerns they should seek the advice of an Expert.

Ask a Military Lawyer

P. Simmons
P. Simmons, Military Lawyer
Category: General
Satisfied Customers: 11990
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
11181181
Type Your Military Law Question Here...
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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 DoD Questions

  • I'm 80 and in good health. That being said I received a 39-17 63

    I'm 80 and in good health. That being said I received a 39-17 63 years ago from the USAF. My service record ( work related) was good, and since that time I've been successful with no character related issues. For example I've mentored students at a local University with honors. The circumstances were a series of minor issues . . . I guess the most serious being, I had an apartment off base as well as my bunk in a barracks and was caught once coming and going at the wrong time. I joined during the Korean war and did not get discharged until after the truce. My commander made me an offer to get out and I took it not realizing the ramifications at 18 years of age. I want nothing from the USAF but I would like to get this expunged/or reclassified before I die, for my legacy for future generations. I'm looking for a Lawyer who has experience an success.
  • I was a GPC holder (my card has since been destroyed) and there

    I was a GPC holder (my card has since been destroyed) and there are charges on the account dating back for approx 6 mo for a local hotel (LIK). I was unable to pay the vendor due to my BO not certifying his acct; he has since left the military and civilian service. The BC has now initiated a 15-6 investigation with regard to the past due charges and my PCS may be postponed...all the charges are legitimate.
    what are my rights/responsibilities when questioned by the IO?
  • after approx.12 years in the USAR I quit to operate my busines

    after approx.12 years in the USAR I quit to operate my busines can I obtain a DD214
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