Military Law

Have military law questions? Ask a military lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I have two questions. First, what happens if someone fails…

Customer Question
Good evening. Lawyer's Assistant:...

Good evening.

Lawyer's Assistant: Hi. How can I help?

I have two questions. First, what happens if someone fails the PFT or CFT in the Marine Corp?

Lawyer's Assistant: Have you talked to a JAG attorney about this? Or anyone in the chain of command?

No.

Lawyer's Assistant: Are you overseas or stateside?

Stateside.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes. I have a friend who is in the Marine Corp Reserves and is going UA. What is going to happen to him? Is he going to go to jail?

Submitted: 11 months ago.Category: Military Law
Show More
Show Less
Ask Your Own Military Law Question
Answered in 1 minute by:
8/3/2017
Military Lawyer: P. Simmons, Military Lawyer replied 11 months ago
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 37,458
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Verified

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

Ask Your Own Military Law Question
Military Lawyer: P. Simmons, Military Lawyer replied 11 months ago

You mention 2 questions...what is the 2nd?

Ask Your Own Military Law Question
Customer reply replied 11 months ago
It should be in the chat above with the assistant.
Military Lawyer: P. Simmons, Military Lawyer replied 11 months ago

Is it if your friend will go to jail?

Ask Your Own Military Law Question
Customer reply replied 11 months ago
sir.
Military Lawyer: P. Simmons, Military Lawyer replied 11 months ago

Thanks
I have some thoughts and will type them up...just a moment please

Ask Your Own Military Law Question
Customer reply replied 11 months ago
Thank you.
Military Lawyer: P. Simmons, Military Lawyer replied 11 months ago

failing the PFT or CFT, a single time? Really not a big deal. They will be placed in "remedial physical training"...so they may have to work out a bit more than normal until they are able to pass the test. But it is not a big deal.

Now...fail 2 in a row? That is something that could lead to separation. But a single failure would not.

As for the friend going UA?

From the reserves?

Most likely they will be separated from the Marine Corps with an OTH (other than honorable) discharge. It is not common for a court martial to be convened for a Marine who is UA from reserve duty. That only happens for Marines on active duty

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Ask Your Own Military Law Question
Customer reply replied 11 months ago
If you fail, once do you have to retake it?
Military Lawyer: P. Simmons, Military Lawyer replied 11 months ago

Yes, the test is administered semi annually. But if you fail, the command will typically have the Marine take it again, for score, once they are able to pass

Ask Your Own Military Law Question
Customer reply replied 11 months ago
Back to my friend, what is the OTH process?
Military Lawyer: P. Simmons, Military Lawyer replied 11 months ago

They have to give him notice in writing of the intent to separate with an OTH and the opportunity for a hearing on the matter. If they elect a hearing, once the hearing determines an oth is appropriate (they will...since he is UA) they will award the OTH

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Ask Your Own Military Law Question
Customer reply replied 11 months ago
How long is that process usually? And how many drill does he miss before they start the process?
Military Lawyer: P. Simmons, Military Lawyer replied 11 months ago

The process does not take long...a few weeks. And the typically will start the process after 2 missed drills in a row

Ask Your Own Military Law Question
Military Lawyer: P. Simmons, Military Lawyer replied 11 months ago

Hi
Experts on this site (myself) are compensated ONLY if the customer (yourself) "rate" or "accept" the answer.

Do you have more questions regarding this?

Thanks for your understanding
Phil

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 P. Simmons Your Own Question
P. Simmons
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 37,458
37,458 Satisfied Customers
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.

P. Simmons 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

37,458 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

1,926 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 am an active duty Marine and have been so for 8+ years.
I am an active duty Marine and have been so for 8+ years. When I enlisted I did not document a torn meniscus knee surgery I had repaired in HS. I recently saw a doctor for my knee and its been found t… read more
P. Simmons
P. Simmons
Military Lawyer
37,458 satisfied customers
I currently completed 4 years of active duty in the marine
Hello my name is ***** ***** I currently completed 4 years of active duty in the marine corps and received an honorable discharge. After active duty I joined the marine corps reserve. Fast forward 8 m… read more
P. Simmons
P. Simmons
Military Lawyer
37,458 satisfied customers
A recruiter has been, in my opinion, stalking my friend. He
A recruiter has been, in my opinion, stalking my friend. He has been to her work 6 times. A t-shirt with the Reserves was found in her house on her child's bed. He makes statements that reference the … read more
P. Simmons
P. Simmons
Military Lawyer
37,458 satisfied customers
My nephew is a 2LT in the Marines. He was in top 4% OCS and
My nephew is a 2LT in the Marines. He was in top 4% OCS and top 6% TBS. He wanted to be in tanks & was sent to Army in Georgia to begin training. He took Army PFT passed everything till sit ups. He wa… read more
P. Simmons
P. Simmons
Military Lawyer
37,458 satisfied customers
My son is in the Marine Corps Station in Camp Pendleton, San
Hello, Sir, My son is in the Marine Corps Station in Camp Pendleton, San Diego. One of his Sergeants got busted for selling drugs and got sent to the brig. To make a long story short he gave my sons n… read more
P. Simmons
P. Simmons
Military Lawyer
37,458 satisfied customers
I am a Marine that has been in the Marines years, I am an
Good Afternoon Sir, I am a Marine that has been in the Marines for 3 years, I am an Air Traffic Controller/ lat move to Cyber Network Defense. I have passed all my PFTs prior and made wait for the 3 y… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
So I have been in the Marine Corps Reserve little over
So I have been in the Marine Corps Reserve for a little over two years and I have failed the PFT (Physical Fitness Test) three times. Twice last year and once this year. I have been told that I could … read more
P. Simmons
P. Simmons
Military Lawyer
37,458 satisfied customers
My husband and I are getting ready to PCS. He is a 16.5 year
My husband and I are getting ready to PCS. He is a 16.5 year SSgt. He hurt his foot and got a letter from his PCM advising that he not run for 7 days and to take Motrin. He felt like his foot was feel… read more
P. Simmons
P. Simmons
Military Lawyer
37,458 satisfied customers
I am wondering what the consequences would be if I went UA
I am wondering what the consequences would be if I went UA from the Marine Corps Reserve. I've heard and read you get an OTH after missing 9 drills.… read more
P. Simmons
P. Simmons
Military Lawyer
37,458 satisfied customers
Do you do answers my phone instead of through the internet?
Do you do answers my phone instead of through the internet? Situation is something I wouldn't want placed all over the internet and preferred one on one consult. Thank you!… read more
P. Simmons
P. Simmons
Military Lawyer
37,458 satisfied customers
So it kind of just hit me that Im going to be out of the Marine
So it kind of just hit me that I'm going to be out of the Marine Corps. I will have served 4 years of my five on 2013 July 20. I've been sent to Japan, Thailand, I'm a 0231 Intel analyst. I might not … read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,454 satisfied customers
I have been in the Marine Corps for 3 years and up until last
I have been in the Marine Corps for 3 years and up until last year I was a spotless Marine. I injured my foot just before my annual pft and thought I would be ok after a couple weeks of healing since … read more
P. Simmons
P. Simmons
Military Lawyer
37,458 satisfied customers
I wrote a false pft score for a Marine that we always took
I wrote a false pft score for a Marine that we always took care of. He has been medically unquaified to take a pft but to pick up rank he needed the score. We(my chain of command) has done this numero… read more
P. Simmons
P. Simmons
Military Lawyer
37,458 satisfied customers
My son in law has been UA from the Marines at Pendleton for
My son in law has been UA from the Marines at Pendleton for approx 40 days. He wants to return but does not know what to do next. He has been told he should contact a military lawyer on base before he… read more
P. Simmons
P. Simmons
Military Lawyer
37,458 satisfied customers
My son has been UA now for 16 days. He was proud to be a Marine
My son has been UA now for 16 days. He was proud to be a Marine when he joined and finished boot camp. His recruiter convinced him to join the infantry. But the short of it is....He injured his ankle … read more
P. Simmons
P. Simmons
Military Lawyer
37,458 satisfied customers
I hurt my Knee while in the Marine Corps., now i cant run and
I hurt my Knee while in the Marine Corps., now i cant run and pass a PFT or CFT, but i can still do my MOS job. what kind of discharge does this merit?… read more
P. Simmons
P. Simmons
Military Lawyer
37,458 satisfied customers
I know a Marine who is currently UA or AWOL. He went UA when
I know a Marine who is currently UA or AWOL. He went UA when he was going to Okinawa Japan and never reported in. I was curious as to what he might be looking at. He says he wants to get out of the mi… read more
P. Simmons
P. Simmons
Military Lawyer
37,458 satisfied customers
I have a friend who is in the Marine Corps. He is an E-5 stationed
I have a friend who is in the Marine Corps. He is an E-5 stationed in Okinawa, Japan. He has failed his reqired running PFT after trying 3 times. The base Doctor put him on light duty. Based on his ph… read more
rcampione
rcampione
Military Lawyer
Doctoral Degree
187 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