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Ely, Counselor at Law
Category: Military Law
Satisfied Customers: 102162
Experience:  Licensed attorney in private practice.
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I do not know if you can and my husband does not want me to

Customer Question

I do not know if you can and my husband does not want me to pursue it, they are lying on his dd214's about length of service, what he did, 3 years ago we requested copies of both his Marine and Army DD214 they were so redacted that you could only see start and end date and discharge honorable, he is now sick and dying his doctors want him to get on disability it took me 2 years waiting 6 months in between online requests to receive these 2 DD214's and the amount of actual service time is shortened by 8 months
Submitted: 1 year ago.
Category: Military Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; and (B) the site allows experts to opt out of participation in phone calls and I may or may not be able to participate in this feature.

Allow me to clarify some of the definitions.

ORDER means any order given by the Court.

FINAL JUDGMENT means a final order on a case (hence the name). Sometimes it is simply called "judgment." The judgment is binding upon the Judge's verbal ruling, but the Court often waits a few days or even weeks until a written version is issued.

An appeal of an order or a judgment does not stop the judgment from being enforced. In order to "pause" the order/judgment while appealing or otherwise filing for reconsideration. one generally also needs a Motion to Stay, which asks the Court to "stay" (pause) the order/judgment. This is at the Court's discretion.

"If I appeal will I get hit with an interlockatory decision because I am still in the property?"

No - the judgment can be executed even if one appeals, unless one also files a motion to stay along with any appeal.

As for when a judgment "really is final," this depends. In Maryland, a judgment can be (timely) appealed all the way to the Court of Appeals. Only then is it "final." However, there is only a limited time to file the appeal. If not appeal is filed, whatever judgment one has does become final.

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