Military Law

Have Military Law Questions? Ask a Military Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Military Law
This answer was rated:

What happens when someone in the military is using someone

else social security to work...
What happens when someone in the military is using someone else social security to work as a soldier. If The person has a citizenship certificate but not s/he's own social security.
Show More
Show Less
Ask Your Own Military Law Question
Answered in 2 minutes by:
6/21/2013
Allen M., Esq.
Category: Military Law
Satisfied Customers: 19,450
Experience: Lawyer and current JAG officer.
Verified

Thank you for your question today, I look forward to assisting you. I have nearly 20 years of legal experience in various disciplines, including JAG.

 

If they military found out, they would likely separate that person for fraudulent enlistment and give them a punitive discharge (not an honorable).

 

It could be worse, depending on how upset the command is about the matter. The command could choose to actually charge it as a criminal offense and there could be a court martial, where there could be a punitive discharge and jail time.

 

It will just depend really on what action the command chooses to take, if this were found out.

Ask Your Own Military Law Question
Customer reply replied 4 years ago

The person apply for citizenship it got approved he also deploy 3 times and never been in trouble. If theres any hope for that person to served in the military after serving for 10 years. He was the one that started that investigation. What can he do.

The issue here is that his current citizenship does not change that fact that when he first entered into the military, he committed a crime. I wish I could tell you differently here, but the law is very clear on the subject. His initial enlistment was fraudulent and the military tends to be upset when that happens.

 

Now, his command is not legally required to court martial him or to process him for separation, but that is a command choice. He will not have a legal right to not be processed. If command chooses to let it go, which is highly unlikely but technically possible, then he'll be able to continue to serve.

 

The more likely result is that a commander simply separates him from the military, but he doesn't get a very bad discharge....just a general discharge, based on his prior service. A commander, respecting his prior service, can choose to NOT charge him criminally, which is a good result here.

 

I know that you'd like me to say that he can leverage his military career and deployments as a way to get them to let him continue to serve. I wish I could tell you that, but legally that is a very unlikely result. Honestly, the best that he can hope for is avoiding court martial for having engaged in defrauding the military for 10 years.

 

I'm sorry. I'm just trying to be honest with you here about the probable results.

Allen M., Esq.
Category: Military Law
Satisfied Customers: 19,450
Experience: Lawyer and current JAG officer.
Verified
Allen M., Esq. and 87 other Military Law Specialists are ready to help you
Ask your own question now
And yes, he can lose his citizenship right here, because if they choose to court martial him for fraudulent enlistment, that will remove his honorable service from consideration.
Ask Your Own Military Law Question
Ask Allen M., Esq. Your Own Question
Allen M., Esq.
Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 19,450
19,450 Satisfied Customers
Experience: Lawyer and current JAG officer.

Allen M., Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

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

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

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.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, 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!!

ElaineAtlanta, 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.

TonyApopka, 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

< Previous | Next >

Meet the Experts:

P. Simmons

P. Simmons

Military Lawyer

14,718 satisfied customers

Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.

Allen M., Esq.

Allen M., Esq.

Lawyer

19,450 satisfied customers

Lawyer and current JAG officer.

Marsha411JD

Marsha411JD

Lawyer

1,828 satisfied customers

Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG

LawHelpNow

LawHelpNow

Attorney/Lawyer

223 satisfied customers

Relax. Let's work together. Practical solutions.

rcampione

rcampione

Military Lawyer

187 satisfied customers

Military lawyer - 5 years to the present

JAG Defense

JAG Defense

Military Lawyer

124 satisfied customers

CAPT, JAGC, USN (Retired); Former Military Judge; Specializing in Security Clearance Adjudications

Paul

Paul

Lawyer

48 satisfied customers

Oklahoma lawyer. Over 10 years in the military.

< Previous | Next >

Related Military Law Questions
In 2010 while awaiting General Courts Martial I received my
In 2010 while awaiting General Courts Martial I received my military pay and per diem (I was on per diem when the charges were brought against me, so the command was still responsible for the per diem… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
I am being asked if I have been subject to court martial or
i am being asked if I have been subject to court martial or other disciplinary procedure under UCMJ such as article 15, or article 135. I had to go to XOI 3 yrs ago because I missed the BCA weigh in b… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,828 satisfied customers
At what point is a soldier entitled to receive legal advice
At what point is a soldier entitled to receive legal advice once she is informed she is being separated under chapter 9? … read more
Allen M., Esq.
Allen M., Esq.
Lawyer
19,450 satisfied customers
Me and a friend ( soldier ) were given a piece of paper with
Me and a friend ( soldier ) were given a piece of paper with guidelines on how a no contact order works, I never signed anything, he never signed anything, and the commander never signed anything, and… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
19,450 satisfied customers
Can you be discharged from the military for being diagnosed
Can you be discharged from the military for being diagnosed with adjustment disorder with depressed mood? And what type of discharge does it warrant?… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,828 satisfied customers
I was discharged with 30 years of service general discharge
i was discharged with 30 years of service general discharge under honorable condition can i apply for military retirement pay and benefits … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
I was recently discharged with entry level separation,
I was recently discharged with entry level separation, fraudulent enlistment from the Air Force because of a history of self harm and unstable mental illness. I exaggerated because I wanted to get hom… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
19,450 satisfied customers
How can i tell what kind of court martial i received from my
how can i tell what kind of court martial i received from my dd214? above court martial it says SPSCMONO 94-500 DTD 94JUN06 and a separation code I can't find? … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
My son was in the CG and courts-martialed in 2006/7 for
My son was in the CG and courts-martialed in 2006/7 for assault (He punched his wife on the arm when she tried to take their daughter from his arms (one punch, no bruises); and also for attempt to pos… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
I was convicted by general court martial back in 2002 or
Hello, I was convicted by general court martial back in 2002 or 2003 for larceny. I was only sentenced to 7 months, but the maximum penalty is something like 30 years. Having a maximum sentence of gre… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
I am coming close to the end of a Special Court Martial and
I am coming close to the end of a Special Court Martial and I was curious if a bad conduct discharge is considered a felony in Washington state? I am being charged with the following; Unauthorized Abs… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
A person with an honorable discharge with a separation code
A person with an honorable discharge with a separation code KGF qualify for a VA loan ? … read more
Allen M., Esq.
Allen M., Esq.
Lawyer
19,450 satisfied customers
Im trying to explain a summary court martial to a real
im trying to explain a summary court martial to a real estate licensing board … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
What if a soldier spreads a rumor about another soldier, and
What if a soldier spreads a rumor about another soldier, and the leadership of the somdier hears about it. Can the leadership attempt to get that soldier in trouble?… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,334 satisfied customers
What can I do if my court-martial request is not honored? An
What can I do if my court-martial request is not honored? … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
I am going to a court martial for assault and I was
I am going to a court martial for sexual assault and I was wondering if I am found innocent what exactly can I sue the other service member for? … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
I had a court martial back in 1988, the result was BCD. My
i had a court martial back in 1988, the result was BCD. My first discharge was in 1982 . My question is do the first discharge court for anything. I recieved the BCD with no jail time . what are my ri… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
Can a soldier still get court martialed for a domestic
Can a soldier still get court martialed for a domestic violence if he didn't get charged with it civilian side ? … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x