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Recent military law questions

How does the military treat a DWAI? Which is a traffic

How does the military treat a DWAI? Which is a traffic ticket in NY as opposed to a DWI.

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Marsha411JD

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My grandson is an 18 year old army private. He just found

My grandson is an 18 year old army private. He just found out his old girlfriend just had a baby and says it is his. she is 16. we live in IllinoisJA: OK. The Military Lawyer will need to help you with this. Have you consulted a lawyer yet?Customer: noJA: Please give me a bit more information, so we can help you best.Customer: okJA: Is there anything else the Military Lawyer should be aware of?Customer: She was 15 at the time of conception. We are not sure it is his. But in order to do a paternity test, the army would have to be notified. Is he going to get in troubleJA: Our top Military Lawyer is ready to take your case. Just pay the $5 fully refundable deposit and I'll fill the Military Lawyer in on everything we've discussed. You can go back and forth with the Military Lawyer until you're 100% satisfied. We guarantee it.

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Marsha411JD

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On my Dad's DD214, it reads "No days lost UP Sec 6a App 2B

On my Dad's DD214, it reads "No days lost UP Sec 6a App 2B MCM 1951 FSSD 17Apr54 What does this mean?

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

 
17,430 satisfied customers
I lost my CAC card and it was found hours later by my NCO

Hi, I lost my CAC card and it was found hours later by my NCO and handed back to me. I now have to write an essay on the article that covers punitive action for lost CAC cards. I have a clean record so far and this was an hones mistake.

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Marsha411JD

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If someone unknowingly accepts stolen goods and returns them

If someone unknowingly accepts stolen goods and returns them immediately upon finding out from NCIS they were stolen, is that a chargeable larceny offense? Additionally, if someone gets interviewed by NCIS under the influence of prescription percocete from surgery, does that have any bearing on the usability of that interview?

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Marsha411JD

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My spouse has been having an affair 8 years. He just

My spouse has been having an affair for over 8 years. He just retired 3 days ago and now he's moving in with his mistress at her current duty station. Do I have any legal grown to report her for having an affair with my husband since she is still in the military?

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

 
17,430 satisfied customers
after reviewing the UCMJ and MCM- confused

I'm sorry for being confused but after reviewing the UCMJ and the MCM I see that certain articles under Sexual offences have changed from death, 20 year confinement dishonorable discharge.... etc. to now at the discretion of the judge of the court martial for Article 120 (b) Carnal Knowledge. Say a guy gets out after say 8 months...6 1/2 with good time. Is that still considered a felony to say the FBI for a firearms restriction/ loss of voting rights/ holding a public office? Since the sentence was only 8 months and the maximum punishment for the restrictions is 1 year or more? Also if the person was convicted in the late 80's under the old punishment standards would this change his ability to get relief for his firearms/ voting/ public office rights to be restored since the maximum time is not described under the current UCMJ and MCM? If anyone could help clear this up I'd appreciate it. Thanks

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P. Simmons

Attorney

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I am in the military. My divorce was finalized last week.

I am in the military. My divorce was finalized last week. My case is sort of unique. I was divorce in June of last year by default in the state of Texas. I PCS to another assignment and was unaware that my wife would contest it. In SEP, the divorce was overturned withoput my knowledge. While I was thinking I was divorce, I was seeing a friend, and she had moved in with me for a month. My wife saw the friend and I on FACEBOOK, and contacted her to let her know she was married to me. My wife filed an IG complaint that I was having an inappropriate relationship with her. My commander informed me that he will be doing an investigation into the matter. At this point, I was fairly new to the unit about a month. My wife persuaded the friend to send her photos of her and I to present it to my command. I told the IO that I new my friend for along time and it was not a serious relationship. He asked me if she ever lived with me, and I lied and said "No". The IO soon founded out that she had lived with me for a month. In summary, the IO stated to me that the command is not worrying about the friend situation, due to me not knowing I was married. They are more concern to the fact I lied. He stated that is considered purjury for an Officer. Now that I am divorce, I am awaiting to see what the command is going to do. I have been possiblly a GOMOR. I have been in the military for 16 1/2 years and never been in trouble in my career. I am hoping that they would keep this local as oppose filing permanently in my file. I am also trying to get a general officer to write a letter of characterization. What can I do at this point? Is this worthy to give someone a GOMOR and filed permanently? Thanks.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

 
17,430 satisfied customers
About three years ago I was given an order to tell a soldier

About three years ago I was given an order to tell a soldier to perform an act (skip a doctor's appointment and clearing) in order to stand in a class a inspection. This was after the soldier was told for two weeks he was exempt, and then the day prior to the inspection I was instructed to tell him he had to stand in the class a inspection. The soldier was 6 days out from ets and had already mailed his class a's home. The post policy at the time was 10.duty.days to clear... I was recommended for a FG art.15 which I demanded a trial. A couple months later I was preferred charges in a summary court martial with the max punishment listed as reduction in rank one grade and forfeiture of money...I'm scheduled to go in front of ABCMR board middle of next month with the intentions of getting my discharge upgraded from general and to have my narrative changed to Secretarial authority...My justification for this will be impropriety in that I did not qualify for the chapter.10 because the court martial did not have the authority to impose a punitive discharge...My equity argument for the character upgrade will consist primarily of my service record. Airborne, Ranger tabbed staff sergeant with a CIB, EIB, two combat tours in Iraq, 1-1 ncoers, and other attaboys along the way...My main question is how far do you think the impropriety argument is going to get me. Do you know of anything others have done successfully with a chapter 10 discharge?I think I'm going to be sitting alright on the character upgrade, but the narrative is my biggest concern. Had I ever been informed along the way that with a chapter 10 comes an automatic RE4 I never would have done it. It makes since now but at the time I thought it was based upon your character, and thought I'd at least get a 3...Any thoughts would be appreciated

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Marsha411JD

Doctoral Degree

 
18,510 satisfied customers
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