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Recent General Court Martial questions

My son was written up on a Article 107 and he didn't know he

My son was written up on a Article 107 and he didn't know he was supposed to submit a statement until after the fact.JA: Are you overseas or stateside?Customer: statesideJA: Have you talked to anyone in the chain of command about this?Customer: He has. Currently is awaiting to see JAG. he was at is command post awaiting to serve watch they though he was sleep, so he was hit with Article 92. Upon going to se ethe Master Chief, he had no idea he as supposed to submit a statement.JA: Anything else you want the lawyer to know before I connect you?Customer: Right now, he's been given 45 day restriction, deduction in pay and rank. what is the probable outcome. Could he still face dishonerable discharge

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Allen M., Esq.

JAG officer and former adjunct prof.

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My question is im going back to my base voluntarily for

hello my question is im going back to my base voluntarily for desertion. what can i expect when i get there and what should i do? what are my options?JA: Are you overseas or stateside?Customer: state sideJA: Have you talked to anyone in the chain of command about this?Customer: noJA: Anything else you want the lawyer to know before I connect you?Customer: i was arrested by civilian police i dnt know if that matters or not

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Marsha411JD

Doctoral Degree

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If someone was convicted of a general court martial and all

If someone was convicted of a general court martial and all charges were then dismissed and the conviction was overturned on appeal, how do you answer the "were you ever convicted of a court martial" question on federal job applications? Will the initial conviction appear on a background check? This person has returned to duty in the service but in the reserve component and rank, privelages, and property previously deprived due to the initial conviction have been restored as so ordered. Please advise.

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Marsha411JD

Doctoral Degree

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Are you there? I'm headed to DRB today. I have yet to have

Are you there?JA: No. I'm the Military Lawyer's Assistant.Customer: I'm headed to DRB today. I have yet to have been advised by military legal counsel. Time is of the utmost importance. Is there anything you could do to help?JA: Are you overseas or stateside?Customer: Stateside. Gulfport, MS.JA: Have you talked to anyone in the chain of command about this?Customer: I have exercised Article 32 to the best of my ability. So, no.JA: Anything else you want the lawyer to know before I connect you?Customer: Nope. That'll be it. Thank you.

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P. Simmons

Attorney

Doctoral Degree

38,324 satisfied customers
I'm trying to find out how a conviction at a general court

I'm trying to find out how a conviction at a general court martial impacts VA benefits.JA: Since laws vary from place to place, what state is this in?Customer: Conviction in NC, moving back to WI though.JA: Have you talked to anyone in the chain of command about this?Customer: NoJA: Anything else you want the lawyer to know before I connect you?Customer: It's actually a very long story.

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P. Simmons

Attorney

Doctoral Degree

38,324 satisfied customers
I have an uncharacterized discharge from 2000 and I am

I have an uncharacterized discharge from 2000 and I am trying to get a Security Endorsement from the State of Texas. One of the disqualifiers for that endorsement is a dishonorable discharge. However, I am currently being considered for denial since the person reviewing my application admits ignorance to what 'Uncharacterized Discharged' is defined as. In my case, it was due to an ELS. What could I point her to for her to be corrected?

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Marsha411JD

Doctoral Degree

19,734 satisfied customers
I was convicted of article 108 and 121 and served 8 months

I was convicted of article 108 and 121 and served 8 months confinement. It was at a general court martial. I understand that I am not able to purchase a gun..but what about being in the presence of them? I am a resident of Ohio if that helps. Neither of the charges were violent at all.JA: Since laws vary from place to place, what state is this in?Customer: OhioJA: Have you talked to anyone in the chain of command about this?Customer: I have gotten mixed answers..some say I can and some say I can'tJA: Anything else you want the lawyer to know before I connect you?Customer: That is all

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P. Simmons

Attorney

Doctoral Degree

38,324 satisfied customers
About me: Discharged with General, Under Honorable

About me: Discharged with General, Under Honorable conditions (CPT-03) for positive UA for the drug adderall- Was fingerprinted and interviewed by CID- never admitted to willingly using the drug (small nanogram amount detected fyi)- Currently applying for a job with an airline that is subject to FAA regulations/ FBI NCIC background check- The airline called me and said they were forwarding my record to the legal department for review because of the incident. She couldn't tell me exactly what it said on my report (probably because she rarely see's this incident) I am asking you before I spend the time to get my own copy of the FBI report... My questions 1: What do you think it says on my report. 2: Even though the drug was never in my possession (or any evidence there was) is it considered 'possession of a controlled substance'? 3: How should I approach the Airline if denied employment or asked about the incident? 4: Is this use considered a felony or anything else that would hinder my employment?

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P. Simmons

Attorney

Doctoral Degree

38,324 satisfied customers
I was wondering if my military charges can be expunged?

I was wondering if my military charges can be expunged?JA: Are you overseas or stateside?Customer: statesideJA: Have you talked to anyone in the chain of command about this?Customer: i am a civilian nowJA: Anything else you want the lawyer to know before I connect you?Customer: no..

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Marsha411JD

Doctoral Degree

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