Military Law

Have military law questions? Ask a military lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I would like some information about 2 instances that

Customer Question
happened while I was in...
I would like some information about 2 instances that happened while I was in the military.
When I was an airman, my first duty station was at Hahn AB, Germany, I was sexually assaulted by a supervisor, Sgt Victor Conner, in my shop. The year was 1983. He had taken me in a vehicle alone to park at different buildings in the bomb storage dump. He would take me in the buildings, we would make out. He had me go to lunch with him. He kept coming to my room, He was a trainer and a supervisor and he was married at that time. Finally, on one visit to my dorm room, he had me sodomize him orally and proceeded to have intercourse. I felt that I had to do this with him because he was a supervisor.
The second issue is, when I was stationed at Carswell AFB, I was given study guides, that had been highlighted from the last few previous tests to help me prepare for the Staff Sargeant (E-5) test. I was helped at worked by supervisors at the shop, and I was told to take the study guides home and to use them there. I feel that I had an unfair advantage and I took a promotion away from another airman.
Submitted: 1 year ago.Category: Military Law
Show More
Show Less
Ask Your Own Military Law Question
Answered in 2 minutes by:
8/24/2016
Military Lawyer: Marsha411JD, Lawyer replied 1 year ago
Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 20,933
Experience: Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
Verified

Hello,

Thank you for the information, can you tell me what your legal question is?

Ask Your Own Military Law Question
Customer reply replied 1 year ago
Can I get justice against the Sgt. Is there any legal way to get the stripe removed from my record
Military Lawyer: Marsha411JD, Lawyer replied 1 year ago

What do you mean by "stripe" removed from my record? Were you involuntarily separated from the AF with less than honorable discharge? Please keep in mind I don't have any information related to the "stripe" question.

Ask Your Own Military Law Question
Customer reply replied 1 year ago
I was given study guides with highlighted answers from tests for ssgt. On my only attempt I scored high enough to get promoted. Without the study guides and group study I wouldn't have been promoted. I would like to have the promotion taking off my records
Military Lawyer: Marsha411JD, Lawyer replied 1 year ago

Alright. Well as far as your first question goes about "justice" against the Sgt., unfortunately, the statute of limitations ran many years ago. For court-martial it was a 5 year statute of limitation, which means he would have had to be charged within 5 years of the alleged illegal act. For an NJP, that was only 2 years. Likewise, even if you had a cause of action against the AF for some sort of negligence on their part, that too would have required that a claim be filed within 2 years. So, at this point, there is no legal recourse for any wrong that may have occurred 3 decades ago.

As for wanting to remove the record of your promotion, I can't really understand why you would want to do that, especially since it has no direct affect on your job, etc., but you are free to file a petition with the Air Force Board for Correction of Military Records and ask them to change your rank. You can find the form you would need (DD Form 149) and more information at the following link: http://www.archives.gov/veterans/military-service-records/correct-service-records.html

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating of my efforts to assist you in the ratings box above, I will receive credit for assisting you today. Thank you

Ask Your Own Military Law Question
Customer reply replied 1 year ago
Only 5 years when forced to perform unwanted acts
Military Lawyer: Marsha411JD, Lawyer replied 1 year ago

I am not sure I understand your question. If you are asking if the 5 year SOL applies to the alleged crimes you described, then yes, the statute of limitations are for all crimes, except capital crimes, like Murder and Treason. It is 5 years. that is what Congress decided the law should be. I didn't write the laws and can only help you understand what they are.

Ask Your Own Military Law Question
Customer reply replied 1 year ago
I thought rape was a longer SOL
Military Lawyer: Marsha411JD, Lawyer replied 1 year ago

Rape does not have a statute of limitations, but I am not convinced, that even if the individual you want to have charged is still on active-duty, that the AF would charge him with that crime after 30 years. You are free to file a complaint with the Air Force criminal investigative service. However, if he is no longer on active-duty, that is that end of that, they would not have jurisdiction and neither would the civilians since Rape, other than of a child, does have SOL in the civilian world and this apparently occurred in Germany so U.S. civilian authorities would not even have jurisdiction. The other issue is proof. This would be a he said, she said, and that would make it less likely that, even if he was still on AD, that he would be prosecuted. But again, you are free to report it to the AF.

Ask Your Own Military Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a military lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Marsha411JD Your Own Question
Marsha411JD
Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 20,933
20,933 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

15,273 satisfied customers

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

Allen M., Esq.

Allen M., Esq.

Lawyer

5,454 satisfied customers

Lawyer and current JAG officer.

Marsha411JD

Marsha411JD

Lawyer

20,933 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
I'm under investigation by OSI for suspected drug use. I
Hello, I'm under investigation by OSI for suspected drug use. I took a UA in the 11th and heard nothing back from it. Now everyone that's involved with the investigation has been enrolled into Adapt p… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,273 satisfied customers
I recieved an ELS discharge code 3A in Dec 2012 from the
I recieved an ELS discharge code 3A in Dec 2012 from the USAF. I self-eliminated from a special operations pipeline during water confidence portion of testing. Due to sequestration, assigning me to my… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,273 satisfied customers
I'm being accused of plagiarism on an essay that was used for
I'm being accused of plagiarism on an essay that was used for corrective action and trying to take UCMJ action upon me for this event. They are also trying to state I falsified a Millitary document fo… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,273 satisfied customers
I have been gave paperwork for being late to work several time
I have been gave paperwork for being late to work several time due to having a sleeping disorder. I didn't tell my supervision directly the cause of me losing sleep but it was known that I was losing … read more
Ben Jones
Ben Jones
Solicitor
Legal Practice Course
1,516 satisfied customers
A Sergeant, in my unit went into my room and found a bong.
A Sergeant, in my unit went into my room and found a bong. I live in the barracks. They called my staff sergeant and base police. They with no consent searched me and another marines room, car and sel… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,273 satisfied customers
I am not sure if you will be able to help us, but it is worth
I am not sure if you will be able to help us, but it is worth a try! We are currently stationed at an Air Force base in Arizona and received orders a few months ago to Grand Forks, AFB. We were elated… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,273 satisfied customers
Wrongfully convicted and denied entitlements for testing for
Wrongfully convicted and denied entitlements for testing for promotion.Twice. I was away from home for two years. Asked my mediate supervisor If I can put in for a 12 month waiver to better my chances… read more
joelaws8
joelaws8
Doctoral Degree
390 satisfied customers
I work for DOD Air Force Langley AFB GS-12 Step 2 with 1 year
I work for DOD Air Force Langley AFB GS-12 Step 2 with 1 year of service. Over that year i have complained to my boss about the work environment. I contacted our HR Department and ask if the goverment… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,273 satisfied customers
My son is in Tech School at Vandenberg AFB. He and 5 other
My son is in Tech School at Vandenberg AFB. He and 5 other Airman got Article 15 for underage drinking. My son turned 21yrs old 3 weeks later. Anyway, each one received the same, Article 15, lost of r… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
20,933 satisfied customers
I need to determine what amount of monthly spousal support
I need to determine what amount of monthly spousal support I am entitled to. My husband abandoned me this past weekend, I do not know where he is living and he left me with no money and a landlord tha… read more
Daniel Solutions
Daniel Solutions
Doctoral Degree
5,212 satisfied customers
Hello, my husband is active duty Air Force and Im a veteran.
Hello, my husband is active duty Air Force and I'm a veteran. We are stationed at Holloman AFB, NM. We've only been here for 9 months and were previously stationed at Nellis AFB, NV. I've been experie… read more
LawHelpNow
LawHelpNow
Attorney/Lawyer
Doctor of Jurisprudence
223 satisfied customers
My daughter is currently in AF BMT. She thought she was graduating
My daughter is currently in AF BMT. She thought she was graduating last weekend, until receiving the news that she was being sent to "Get Fit" & her graduation would be delayed. Due to contracting pne… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,273 satisfied customers
My wifes father is a retired air force staff sargeant. He
My wife's father is a retired air force staff sargeant. He retired from Kirtland AFB in Albuquerque. He participated in all three series of atomic and nuclear bomb tests in the Marshalls, I believe th… read more
Daniel Solutions
Daniel Solutions
Doctoral Degree
5,212 satisfied customers
I was notified while deployed in South Korea that I was to
I was notified while deployed in South Korea that I was to be honorably discharged for failure to meet military standards (P.T. waiver) excess waist size, With only a 10 day advance notification. upon… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,273 satisfied customers
My son-in-law is stationed in Germany and will not tell his
My son-in-law is stationed in Germany and will not tell his wife where he is, so she cannot get a current copy of his orders to get her id renewed. They are in the middle of a divorce. He has been ord… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,273 satisfied customers
My husband and I are separated, but we dont have a legal separation
My husband and I are separated, but we don't have a legal separation nor have we filed for a divorce. He's stationed at Scott AFB, IL with our 2 sons and I live in MD with our little girl. We live in … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,273 satisfied customers
My son is up for discharge. He was going through the combat
My son is up for discharge. He was going through the combat control program at keesler afb and feels he was screwed over by a staff sargeant that thought he was too small to be in the program. He was … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,273 satisfied customers
Hi, my name is XXXXX XXXXX I enlisted into the Air Force and
Hi, my name is XXXXX XXXXX I enlisted into the Air Force and got into the DEP (delayed entry program) in May with an enlistment score of 41 or 45 at the time the minimum requirement was a 36. So, sinc… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,273 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