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Military Law/Questions

SubjectDate AskedExpert
Mental Illness8/5/2005Douglas Dribben
  Q: My brother is leaving for Iraq. He has to go into combat training August 22nd. His sargent doesn't ...
  A: All soldiers receive an entrance complete physical examination, including a review of psychiatric ...
DUI7/21/2005Douglas Dribben
  Q: I'm a Navy Chief and recently went to CO NJP for DUI. I was given a special fit rep for the ...
  A: First, double jeopardy likely does not apply in either of these situations. Double jeopardy refers ...
Other-Than-Honorable Discharge5/9/2005Douglas Dribben
  Q: Sir, When recruiting former military personnel for employment at a company, is it legal to ask ...
  A: Yes, when possessing a certain type of discharge is a requirement for a job, such as for a ...
Medical benefits after divorce10/1/2004Douglas Dribben
  Q: Greetings, About 12 years ago my previous husband and I divorced. We did all the paperwork ...
  A: Your issue cannot be answered here because it requires a detailed knowledge of the facts, such as ...
Hello. I am currently in the...10/1/2004Douglas Dribben
  Q: I am currently in the ROTC program and I'm hoping you can answer a question for me about medical ...
  A: While you can visit a doctor and not inform the Army, ultimately (likely at your commissioning ...
Double Jeopardy9/22/2004Douglas Dribben
  Q: What we didn't understand was, "How can the jury find him guilty, then have him serve his punishment ...
  A: As I previously stated, a court-martial or non-judicial punishment is simply that - punishment. It ...
Double Jeopardy9/21/2004Douglas Dribben
  Q: My husband, a former SrA in the United States Air Force, was found guilty of an indecent exposure. ...
  A: If you read my introduction, you will see that as a government attorney, I cannot give advice to ...
person with a felony9/9/2004Douglas Dribben
  Q: Can a person rejoin the military if they have been convicted of a felony (murder), and also can a ...
  A: Army Regulation (AR) 601-210 sets the recruiting standards. A felon requires a waiver to enlist, as ...
Federal Tickets9/3/2004Douglas Dribben
  Q: I receive a ticket onbase in California when the MPs happen to have a speed trap at a stop sign.The ...
  A: As my information on all experts says, I cannot offer legal advice to people who have a case against ...
Called up again after called up once before?8/25/2004Douglas Dribben
  Q: My name is A, and I am prior service, (Artillery, 2yrs active duty, US ARMY / Europe, Desert ...
  A: I cannot comment on his comments regarding the individual. As to your question on recall to active ...
Resigning My Reserve Commission8/23/2004Douglas Dribben
  Q: Expert, I am interested in resigning my Navy Commission after just 18 months. I came into the Navy ...
  A: It is almost inconceivable that you would have no obligation. For officers, the minimum obligation ...
Fraternization8/19/2004Douglas Dribben
  Q: I've been looking for material on fraternization policies in the army and I want to see how my ...
  A: Yes, you are subject to the UCMJ, as is he. The UMCJ applies, under Article 2(c), to all active ...
Naval Investigations7/31/2004Douglas Dribben
  Q: I am currently being investigated for Sexual Harassment. In fact I am being investigated for the ...
  A: I cannot assist in particular cases against my employer, the US military, as my profile says. You ...
Purposely speeding with hazard lights on military base to go to hospital7/25/2004Douglas Dribben
  Q: I was in junction city kansas Denny's restaurant 20 jul, and i couldn't breathe their were 2 police ...
  A: Either pay the ticket or hire an attorney to try and argue your case. You are not correct - ...
Who's in charge7/6/2004Douglas Dribben
  Q: can you tell me that if you had two officers of the same rank one a doctor and one a artillary ...
  A: When two officers have the same rank and one must command, it will be the one with the earlier date ...
Living Legacy, Only child7/5/2004Douglas Dribben
  Q: I have a friend who's son is a Marine Reservist. He's done 1 tour of duty in Iraq. He has developed ...
  A: There is no such policy in the military. As you pointed out, he voluntarily joined the Marines, and ...
military6/30/2004Douglas Dribben
  Q: would a modern general be justified in withdrawing from combat if his personal honer ...
  A: Your question is rather broad - "withdrawing from combat" can mean several things, as can ...
Airmen dating a minor?6/22/2004Douglas Dribben
  Q: I like this Airmen, but he thinks he can not date me because I'm 17. We have been out once or twice ...
  A: There is no law against him seeing you. Whether or not he can have sexual contact with you will ...
Soldier's Rights6/18/2004Douglas Dribben
  Q: I am a soldier deployed in iraq since February. However, that's not the question. I injured my ...
  A: You are asking me to assist you in working against my employer, and that is unethical for me. If ...
illegal military order6/17/2004Douglas Dribben
  Q: i would like to know how does the american law system refers to the subject of illegal military ...
  A: Not sure I fully understand your question. If this response is not sufficient, please refine your ...
Can the military give someone...12/9/2003John Varghese
  Q: Can the military give someone a other than honorable discharge and a few months later call them into ...
  A: Bucy, Yes, Because everytime a service personnel is discharged he carries with the discharge an ...
Investigating officer7/9/2003John Varghese
  Q: Are there any ways besides a direct order that a JAG officer might be considered an investigating ...
  A: As far as my knowledge goes there is none Regards JOhn Allison, The ways in which a JAG officer ...
Extra-duty Income Regulations6/6/2003John Varghese
  Q: I'm a writer working on a novel. The main secondary character is a writer/retired USAF fighter ...
  A: So far as I know, there are no such regulations prohibiting an officer on active duty from earning ...
military discharges5/26/2002Douglas Dribben
  Q: What are some of the reasons why a sailor would receive an Administative Discharge?
  A: 1. End of service obligation 2. Sole surviving son or daughter 3. Minor/serious misconduct 4. ...
resigning a commission5/9/2002Douglas Dribben
  Q: my friend in the Navy is in a psychiatric outpatient program with other armed forces people. He has ...
  A: An officer cannot resign his commission at any time - he can submit a resignation, but it is not ...
Military4/9/2002Douglas Dribben
  Q: I just had a discussion with one of my colleague's about the American (John Walker) who was fighting ...
  A: Just got back from a trip-website was not supposed to allow any questions, so I am late in replying. ...
Reservist -- involuntary activation12/29/2001Douglas Dribben
  Q: I think this may be out of your area of expertise, but if you can help, I very much appreciate it. ...
  A: The Soldiers' and Sailors' Civil Relief Act (Title 50, App., U.S. Code, Sections 501 et seq.), ...
Marines vs. Army12/16/2001Douglas Dribben
  Q: In the news it says something to the effect that the Marines are invading some parts of Afghanistan. ...
  A: The Army's mission is to close with, and destroy, the enemy if deterrence to war does not work. ...
refusing enlistment / imprisonment12/5/2001Douglas Dribben
  Q: My friend in the US has had a rough time in the Navy. He was in ROTC at texas a&m, got harrassed ...
  A: 1. If your friend was given orders (most likely to fulfill some commitment from the ROTC program) ...
Award of Purple Heart12/5/2001Douglas Dribben
  Q: Douglas-Do military personnel killed or wounded by "friendly fire" in a war zone receive the Purple ...
  A: Yes, they do qualify for the award. Pursuant to Title 10, United States Code, Section 1129: ...
U.S. Military Special Entrance Provisions (if any)12/3/2001Douglas Dribben
  Q: Is there any provision for an undocumented alien (such as a Mexican citizen who has crossed the ...
  A: No. Unfortunately, you must be legally in the US with proper documentation to enlist. However, ...
erroneous enlistment contract9/17/2001Douglas Dribben
  Q: I was given a SSRB (soldiers selective reenlistment bonus) when I reenlisted in 1999. I did not ...
  A: I cannot assist someone in attempting to proceed against my employer. Sorry. Look for an attorney ...
Types of Discharges and Employment Potential8/25/2001Douglas Dribben
  Q: I have a few questions about discharges from the military. 1. Are there different types or degrees ...
  A: 1. No, there are no degrees of an honorable discharge. There are three discharges that can be ...
Changing Residency8/11/2001Douglas Dribben
  Q: I am a in the military. My current recidency is Louisiana. I would like to change my recidency to ...
  A: To acquire a domicile of choice in a new place two things must happen: (a) you must be in the ...
General Orders7/30/2001Douglas Dribben
  Q: What are the Army's General Orders.
  A: General orders are orders having applicability to all members of a command (usually a division or ...
divorce7/26/2001Douglas Dribben
  Q: Dribben, My name is Anita and I will be going to see my local legal assistance provider soon. My ...
  A: You can share all of the information with your attorney, who will be bound by attorney-client ...
Enlistment7/8/2001Douglas Dribben
  Q: I am currently serving as an enlisted soldier in a signal company in Pennsylvania. For some time ...
  A: I am confused by you stating that you are serving as an elisted soldier but are dating a "fellow ...
Separated Marine Wife rights6/28/2001Douglas Dribben
  Q: My daughter recently returned home to MO after living in PA with her husband who is in the Marines. ...
  A: Send your daughter to the nearest military installation's Staff Judge Advocate's office for an ...
Marriage6/21/2001Douglas Dribben
  Q: My fiance and I will be getting married in November. She is stationed in Hawaii and I in Maryland. ...
  A: Usually, each of the services has a "swap" program for reassignments of members who can find another ...
Army Commissions6/14/2001Douglas Dribben
  Q: I am interested in finding out how to go about resigning a commission in the Army? I received a ...
  A: Your issue is governed by Army Regulation 135-175, chapter 6. You can obtain it on the web at ...

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