Military Law

Have Military Law Questions? Ask a Military Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Military Law

I was instructed to use a duty van to move barracks by my

Customer Question
chain of command and...
I was instructed to use a duty van to move barracks by my chain of command and , I had bought a tv from the nex the day prior and I stupidly picked the tv up from the nex in the duty van and my HMCS said that I could go to captains mast is that true
Submitted: 2 years ago.Category: Military Law
Show More
Show Less
Ask Your Own Military Law Question
Answered in 1 hour by:
9/7/2015
Military Lawyer: Marsha411JD, Lawyer replied 2 years ago
Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 20,417
Experience: Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
Verified

Hello,

Thank you for the information and your question. Technically yes, using Government property for personal use is a violation of a general order, so you could conceivably be charged with an orders violation. It is against both statute and regulation to use any Government property for private use unless there is a waiver from the Head of the Government agency. That said, I understand that it happens sometimes and some people get in trouble and others don't. Unfortunately though, that doesn't make it legal and selective enforcement happens.

I do think that, unless you have a record of misconduct, that this issue normally should not go further than a Chiefs' Board or XOI, but that is up to the Command. Please feel free to ask for clarification.

Ask Your Own Military Law Question
Customer reply replied 2 years ago
I have never been in trouble in the military yet and I have a good record of doing well I just hope it does not go to mast
Military Lawyer: Marsha411JD, Lawyer replied 2 years ago

Hello again--Hopefully, the Command will choose to handle this at a lower level as I touched on. It is technically a violation of the UCMJ, but since you are not a "problem" for your Command, it really should just be a counseling versus punishment. But, not up to me. Best of luck to you.

Ask Your Own Military Law Question
Military Lawyer: Marsha411JD, Lawyer replied 2 years ago

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 7th. For some unknown reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit(paid) for our work, that the customer thinks have gone through. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

Ask Your Own Military Law Question
Ask Marsha411JD Your Own Question
Marsha411JD
Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 20,417
20,417 Satisfied Customers
Experience: Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG

Marsha411JD 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

14,530 satisfied customers

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

Allen M., Esq.

Allen M., Esq.

Lawyer

5,153 satisfied customers

Lawyer and current JAG officer.

Marsha411JD

Marsha411JD

Lawyer

20,417 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
If I receive punishment of Article 15(Captains mast) after
If I receive punishment of Article 15(Captains mast) after intentionally failing a Pfa test in the us navy, will this lead to a dishonorable or OTH discharge?… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,530 satisfied customers
I am about to receive an RE4 code with a general discharge.
I am about to receive an RE4 code with a general discharge. I've only read bad things about the code. What can I do? … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,530 satisfied customers
How does it take NCIS to release my police report to my
How long does it take NCIS to release my police report to my command? It was a drinking in public arrest but I was never charged with anything. I believe the command just wants the report to send me t… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,530 satisfied customers
I was discharged 5 years ago from the Navy, for a commission
I was discharged 5 years ago from the Navy, for a commission of a serious offense due to refusing to renounce my dual-citizenship with another country and for renewing my passport with that country.(c… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,530 satisfied customers
If you pass a urinalysis but someone else in the command
If you pass a urinalysis but someone else in the command popped positive and the command has "hear say* … read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,153 satisfied customers
I was sexually assaulted while i was in the military. I went
I was sexually assaulted while i was in the military. I went to captains mast as a victim/witness. Would it be in my service record? … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,530 satisfied customers
Can you help up grade my discharge? Stateside. My type of
my type of discharge was Homosexual. I didn't break any military law.… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,530 satisfied customers
I'm filling out a conviction record for an overseas
I'm filling out a conviction record for an overseas position. I don't have my military records other than dd214. I have a re-enlistment code of re-4 and narrative of (burden to command due to substand… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,530 satisfied customers
I am facing a possible charge of pattern of misconduct
hello I am facing a possible charge of pattern of misconduct because this will be my second njp but I have been to xoi 4 times now but also I have less then 2 months left in the navy do you know what … read more
Marsha411JD
Marsha411JD
Lawyer
20,417 satisfied customers
My command is trying to put me on report pending an
My command is trying to put me on report pending an investigation. But I get out in 3 months. … read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,153 satisfied customers
How are you? I have an re-4 code and a narrative reason for
Hello, How are you? I have an re-4 code and a narrative reason for seperation of drug abuse misconduct. As far as changing both of these what is the likely outcome of the attempt? Also, I am going to … read more
Marsha411JD
Marsha411JD
Lawyer
20,417 satisfied customers
LCDR R.J. Hatley, JAGC, USNR, here. I came off active duty
LCDR R.J. Hatley, JAGC, USNR, here. I came off active duty 22 years ago. A friend has asked me to speak with his son, who is an enlisted man in the Navy and on his way to XOI. I only ever counseled wi… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,530 satisfied customers
This pertains to mu husband who is currently serving abroad
This pertains to mu husband who is currently serving abroad right now. I have a few questions about the DRB process. … read more
Marsha411JD
Marsha411JD
Lawyer
20,417 satisfied customers
I had a question about how Captain's Mast's are notated in
I had a question about how Captain's Mast's are notated in one's record and if there is any way of having it removed? … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,530 satisfied customers
I have xoi on Tuesday and im a E3 in the navy. My husband
I have xoi on Tuesday and im a E3 in the navy. My husband has shown nude pics to my chief. I don't know what im being charged with. Im pretty sure thats what it is. … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,530 satisfied customers
I would like to ask what would recommend an XOI the second
hello I would like to ask what would recommend an XOI the second time around. It was a fraternization case that came out because of a sexual assault case. Is it handled separately now that the end of … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,530 satisfied customers
Mrs., I am currently being sent to XOI because I was caught
Hello Mrs. Wilson, I am currently being sent to XOI because I was caught driving my motorcycle on base without proper training, insurance or license. I don't have any of these done because after purch… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,530 satisfied customers
Can my department send me up to captains mast to receive
Can my department send me up to captains mast for failure to receive warfare pin, I got two SP evals and my seperation eval is going to be a SP so can they send me up for receiving three SP evals?… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,530 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