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Ask the Lawyer

"Ask the Lawyer" gives you the chance to ask military law experts questions about legal issues or topics. This is a general information service. Please be aware that the lawyers responding to your questions do not know all the details of your particular situation and, therefore, you should view their responses as information of a general nature and not as legal advice. This service is not a replacement for individual, particularized legal advice from a lawyer, and we encourage you to consult with a lawyer before taking any action based on the answers you receive through this feature.

Ask the Lawyer: Not reporting for duty can trigger AWOL, disobedience charges
Q. If a noncommissioned officer tells you to report for duty at a certain time and place and you don't do it, does that qualify as disobeying an NCO or just AWOL?
Posted Thursday Feb 14, 2013 16:28:06 EST
When religious beliefs and service orders conflict
Q. Can I disobey an order if it goes against my religious beliefs?
Posted Thursday Jan 17, 2013 17:19:54 EST
Q. Can I get in trouble if I impulsively deny something to an investigator to avoid confessing to a crime?
Posted Wednesday Nov 28, 2012 15:33:00 EST
Ask the Lawyer: Disloyalty: Troops have a shorter leash than civilians
Q. Am I being disloyal if I criticize the government?
Posted Sunday Nov 18, 2012 14:32:31 EST
Ask The Lawyer: ‘Discredit’ definition is broad; be alert to prosecution’s moves
Q. Are there any offenses that do not qualify as "bringing discredit" upon the military?
Posted Thursday Oct 25, 2012 16:13:03 EDT
Ask the Lawyer: ‘Conduct unbecoming’ aims to preserve integrity
Q. What exactly qualifies as "conduct unbecoming of an officer and a gentleman"?
Posted Thursday Oct 11, 2012 17:07:28 EDT
Ask the Lawyer: Defense available for troops unknowingly absent from military
Q. What happens if you've been AWOL for a long time without knowing it?
Posted Thursday Sep 13, 2012 16:51:55 EDT
Ask the Lawyer: Following orders not automatic defense
Q. Can I get off the hook for a crime if I acted on orders?
Posted Thursday Aug 30, 2012 18:02:55 EDT
Kevlar For The Mind: How to get out without trouble or pain
Q. Short of doing something wrong or becoming disabled, how can someone leave the military before his service obligation expires?
Posted Thursday Aug 16, 2012 20:56:45 EDT
Ask the Lawyer: Dangerous, stupid acts can lead to charge of reckless endangerment
Q. If I do something dangerous — and a little stupid — but no one gets hurt, will I still get in trouble?
Posted Thursday Aug 2, 2012 20:07:34 EDT
Ask the Lawyer: UCMJ’s kidnapping statutes can apply to domestic disputes
Q. Is it seriously considered kidnapping if I refuse to let my girlfriend storm out of the room during an argument?
Posted Thursday Jul 19, 2012 16:16:27 EDT
Ask the Lawyer: Commanders cannot demand urinalysis testing on a whim
Q. Can my commander demand a urinalysis sample on the spot?
Posted Thursday Jul 5, 2012 14:21:20 EDT
Ask the Lawyer: Judges’ scrutiny guards against improper guilty pleas
Q. What happens if you mistakenly plead guilty to an offense?
Posted Thursday Jun 21, 2012 13:59:47 EDT
Ask the Lawyer: PTSD not a free pass for criminal charges
Q. Can I blame a crime I committed on post-traumatic stress disorder?
Posted Friday Jun 8, 2012 16:59:47 EDT
Ask the Lawyer: Timing matters in fighting auto repossessions
Q. Can a creditor repossess my car while I'm on active duty?
Posted Thursday May 24, 2012 14:25:23 EDT
Ask the Lawyer: Subordinates can be charged for disrespect
Q. There's a lot of tension between a lieutenant and me. Could I get in trouble for ignoring him or telling him to back off?
Posted Thursday May 10, 2012 12:49:12 EDT
Ask the Lawyer: Foreign family ties: How to dispel concerns and earn your clearance
Q. My military career has hit a snag. Not to sound childish, but it's my dad's fault. He lives in China and has since I was a child. We rarely see each other but talk every few months. This...
Posted Thursday Apr 26, 2012 17:03:23 EDT

Ask the Lawyer: Family’s losses depend on charges, sentence
Q. What will happen to my family if I am convicted at court-martial and sentenced to confinement with a punitive discharge?
Posted Thursday Apr 12, 2012 14:23:58 EDT

Ask the Lawyer: You can’t take military property — even temporarily
Q. How bad would it be if I used some military equipment from work to do odd jobs at home?
Posted Thursday Mar 29, 2012 14:29:10 EDT

Ask the Lawyer: Method, intent shape illegal-entry charges
Q. I got in trouble for going into a friend's home without his permission while he was away. What's the difference among burglary, housebreaking and unlawful entry?
Posted Thursday Mar 15, 2012 18:30:20 EDT

Ask the Lawyer: Education interrupted by service? Know your rights
Q. I recently started attending college and am really enjoying it. I also serve in the National Guard. I've heard some professors grumble about students missing classes because of military...
Posted Thursday Mar 1, 2012 16:06:46 EST

Ask the Lawyer: Other-than-honorable discharge will limit veteran’s job protections
Q. I am being separated under other-than-honorable conditions. Will this hurt my job prospects when I re-enter the civilian workforce?
Posted Thursday Feb 16, 2012 12:25:30 EST

Ask the Lawyer: When in doubt, don’t wear uniform to off-base events
Q. I am very active in community events off base. How do I know when not to wear my uniform?
Posted Thursday Feb 2, 2012 15:38:55 EST

Ask the Lawyer: Mental illness can complicate legal process, discharges
Q. Can you get punished by the military for suffering from mental illness?
Posted Thursday Jan 19, 2012 15:28:01 EST

Ask The Lawyer: Even legal separation can lead to adultery conviction
Q. Can I be punished for adultery if I am legally separated? Could I be charged with anything else?
Posted Thursday Jan 5, 2012 11:54:09 EST

Ask the lawyer: Desertion conviction could lead to five-year prison term
A. The main difference between being absent without leave and desertion is that the latter requires proof that a service member intended to permanently remain away from his unit or place of duty.
Posted Thursday Dec 22, 2011 11:55:08 EST

Ask the Lawyer: Desertion conviction could lead to 5-year prison term
Q. I've never told anyone I plan to desert the military. So if I don't report for duty for awhile, would the military come after me for AWOL or desertion?
Posted Thursday Dec 22, 2011 11:32:01 EST

Ask the Lawyer: Wounded troops can appeal low disability ratings
Q. I was injured during my last tour in Iraq. I received a 20 percent disability rating through the Physical Evaluation Board process, but this seems very low given the injuries I sustained...
Posted Wednesday Dec 7, 2011 16:41:41 EST

Ask the Lawyer: Move quickly to ensure veterans’ preference honored for fed jobs
Q. I'm interested in entering federal civil service after I leave the military. I know veterans get federal hiring preference, but I know many veterans get passed over for jobs. How do I know...
Posted Friday Nov 25, 2011 11:48:12 EST

Ask the Lawyer: Be careful to use prescription drugs as prescribed
Q. I was prescribed a painkiller for a knee injury. I found the meds helped me sleep better so I used them to knock me out on restless nights. I just took a urinalysis and I am wondering,...
Posted Sunday Oct 30, 2011 12:21:17 EDT

Ask the Lawyer: Missing a military movement can land you in hot water
Q. Can I get in trouble if I miss a movement by accident?
Posted Thursday Oct 13, 2011 14:14:23 EDT

Ask The Lawyer: Past alcohol problems needn’t doom security clearance
Q. When I returned from my first deployment in Iraq a few years ago, I started drinking and received nonjudicial punishment for alcohol-related misconduct. I'm still in the military, trying...
Posted Thursday Sep 29, 2011 15:06:33 EDT

Ask The Lawyer: Letter of reprimand needs serious attention
Q. I am an officer and have received a letter of reprimand. What should I do?
Posted Thursday Sep 15, 2011 14:05:58 EDT

Ask the Lawyer: Positive drug test may not lead to separation
Q. My drug test came back positive and showed traces of cocaine in my urine. Does this mean my military career is over?
Posted Thursday Sep 1, 2011 11:19:11 EDT

Ask the Lawyer: Using social media OK, but be careful what you post
Q. Can I get in trouble for maintaining my Facebook page or using any other social media?
Posted Thursday Aug 18, 2011 11:36:02 EDT

Ask the lawyer: Protective orders issued to protect assault victims
Q. What is a military protective order, and what are the consequences for disobeying one?
Posted Thursday Aug 4, 2011 16:59:07 EDT

Ask the Lawyer: Employer cites ‘abandonment,’ denies reservist re-employment
Lawyer Mathew B. Tully answers your questions.
Posted Thursday Jul 21, 2011 14:56:40 EDT

Ask the Lawyer: Recruitment paper lies can lead to dishonorable discharge
Lawyer Mathew B. Tully answers your questions.
Posted Friday Jul 8, 2011 11:50:48 EDT

Ask the Lawyer: Promptness Is Key In Article 15 Appeals
Lawyer Mathew B. Tully answers your questions.
Posted Thursday Jun 23, 2011 15:58:12 EDT

Ask the Lawyer: ‘Little white lies’ not worth the risk of an Article 107
Lawyer Mathew B. Tully answers your questions.
Posted Thursday Jun 9, 2011 11:40:19 EDT

Ask the Lawyer: Aftermath of sexual assault often hinges on how it’s reported
Lawyer Mathew B. Tully answers your questions.
Posted Thursday May 26, 2011 11:23:54 EDT

Ask the Lawyer: Desertion carries stiffer penalties than AWOL
Lawyer Mathew B. Tully answers your questions.
Posted Thursday May 12, 2011 9:43:33 EDT

Ask the Lawyer: Active-duty divorce? Troops can apply for delay under SCRA
Lawyer Mathew B. Tully answers your questions.
Posted Thursday Apr 28, 2011 15:48:09 EDT

Ask the Lawyer: Pop positive? Remain silent and seek counsel
Lawyer Mathew B. Tully answers your questions.
Posted Thursday Apr 14, 2011 14:46:39 EDT

Ask the Lawyer: Gray area for separations during DADT repeal process
Lawyer Mathew B. Tully answers your questions.
Posted Thursday Mar 31, 2011 16:52:15 EDT

Ask the Lawyer: Learn how to assert your SCRA rights
Lawyer Mathew B. Tully answers your questions.
Posted Thursday Mar 17, 2011 13:38:45 EDT

Ask the Lawyer: Concealing a troop’s wrongdoing can bring trouble
Lawyer Mathew B. Tully answers your questions.
Posted Sunday Mar 6, 2011 17:17:24 EST

Ask the Lawyer: If it’s cruel and abusive, it’s hazing
Lawyer Mathew B. Tully answers your questions.
Posted Thursday Feb 17, 2011 14:03:01 EST

Ask the Lawyer: Caution, common sense key to keeping security clearance
Lawyer Mathew B. Tully answers your questions
Posted Thursday Feb 3, 2011 13:24:22 EST

Ask the Lawyer: Other-than-honorable, bad-conduct discharges carry similar consequences
There are major differences in the process of how each discharge is reached, but in terms of the end result, an other-than-honorable discharge and a bad-conduct discharge are virtually the same. Both...
Posted Thursday Jan 20, 2011 14:11:38 EST

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