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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 34251
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Hi, I am a former vet who is currently a military spouse. I

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Hi, I am a former vet who is currently a military spouse. I bring in a paycheck and am no bum. After my wife got caught with "spice", her 1sg is trying to have me removed from post (while wife and stepson stay in on post housing). He heard that we got in a fight (verbal only) and claims I am "toxic" for her. He has not met me and I have never done anything illegal or against military regulations here. She was caught with spice, not me. Is this just 1sg talk, or can he really get me thrown to the street? This is not something she wants either.
Thanks for the chance to help. I am an attorney with over 12 years military law experience.

It is not the decision of the First Sergeant, nor of battalion commander. No...this is a decision for the Base Commander alone. And the Base Commander is NOT going to evict you from the base solely because your spouse (the service member) possessed an illegal substance. There must be more than that (to convince a Commander to remove you).

For example, if there is evidence you assaulted your spouse? Or there is evidence you supplied this illegal substance? Then perhaps. But short of that? No way. No how. What you describe, I would not worry about yourself individually...but I would potentially be concerned for your spouse, who can be separated based on this incident.

P. Simmons and 2 other Military Law Specialists are ready to help you
Customer: replied 4 years ago.

Thank you very much. I thought it sounded kind of off. I had never heard of something like this happening myself so was not extremely worried. Just best to have the facts before anything further happens. Thank you very much for your reply.

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