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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.

Help is available for domestic abuse victims
If someone asked you for a definition of domestic violence, you might say it’s when one person in a romantic relationship physically abuses the partner.
The nuts and bolts of nonjudicial punishment
Nonjudicial punishment proceedings are known by different terms among the services.
Taking leave to help your service member
When President Bush signed the 2008 Defense Authorization Act on Jan. 28, one of the provisions enacted into law is a significant benefit for military families, the Servicemember Family Leave Act.
Some employees left out of USERRA
Q. I worked as a Transportation Security Administration screener but was recently fired because I took “excessive” amounts of military leave. I thought that the Uniformed Services...
What you should know before selling your home
Dipping into the mail bag this week ...
Facing serious charges? You must understand Article 32
After an evening out, a sergeant and his wife return home where their young daughter is being looked after by the 15-year old female babysitter they usually hire. As usual, the sergeant drives her...
How your disability is rated
A: Before I answer your specific questions, I want to address briefly the procedures involved in reaching the military rating.
Correcting your official record
A. Many service members have heard of the Board for Corrections of Military Records but have no clue about the important powers of the board or how to place a claim before it.
The legal fine points of home buying
Dipping into the mail bag this week:
Handling custody after a divorce
Each state has its own laws on child custody, but generally speaking, there are two forms: legal and physical. Each form of custody provides a parent with different rights, and it’s crucial...
When you marry or adopt overseas
Life in the armed forces can be very different from everyday civilian life. Beyond the obvious difference in daily routine and job duties, one finds that their life may go in a slightly different...
Is school discriminating against student soldier?
Q. My son, who is 17, recently enlisted in the Army’s “split entry” program, which required him to attend basic training after his junior year of high school. He spent the summer in...
If you don’t get federal job preference, speak up
I’ve been getting questions lately on the Veterans Employment Opportunities Act, no doubt because my fellow Military Times columnist, retired Coast Guard Command Master Chief Petty Officer Alex...
Private lawyer is best option for gay troop’s estate planning
Q I am in the military and I am gay. It is my desire to leave my estate, to include my remains, to my partner rather than to my family members. I have chosen not to have my will prepared by my unit...
Estate planning: What you need to know
Q. A military attorney prepared a basic will, health care proxy and power of attorney for me, but I’m not exactly sure what each of these documents does for me. Can you explain the purpose of...
Know the right thing to do when your drug test is wrong
It happens every morning in the military — a soldier, sailor, airman or Marine gets the call that their Social Security number came up and it’s time for a unit urinalysis.
Watch what you say: Speech limits under UCMJ
Q: I am currently on active duty and I want to get involved in politics. Can I?
How to appeal disability ratings
My last article provided some helpful hints on how to get a Veterans Affairs Department rating for injuries that occurred while you were in uniform. But what if VA did not give you the rating you...
Hiring a lawyer is strictly optional for filing VA claim
Q I just left active duty and I have some minor unresolved medical issues. I have been told to file a claim with the Veterans Affairs Department for disability compensation. Do I need a lawyer to...
USERRA offers invaluable protection for reservists
With the deployment of hundreds of thousands of National Guard and reserve members in the past few years — and with more than 81,000 mobilized today — the Uniformed Services Employment...
Returning to work after a disabling injury
One of the more common questions I’ve gotten since this column began is from reservists who have been injured in service. They want to know how their injury will affect their return to their...
Conviction is not end of military legal road
So you’ve been convicted at court-martial. What options do you have?
Ins and outs of retirement pay and divorce
If you read my last column, I have probably already answered your questions about whether your spouse, or soon-to-be former spouse, is entitled to a percentage of your military retired pay and if so,...
Law gives former spouses certain rights
The first e-mail that I received after starting this column was about the Uniformed Services Former Spouses’ Protection Act — and the e-mails have not stopped since. Those who are...
How USERRA protects National Guard technicians
Dipping into the mail bag this week:
Know the limits of USERRA law
The information in this column is provided for informational purposes only and is not intended to constitute legal advice. Readers are encouraged to seek the advice of an attorney or other...
Discuss USERRA violations with employer before calling an attorney
Q: I work for a company that employs 23 people. I was deployed for 18 months. I feel my employer has violated USERRA. Should I hire a local attorney?
What to do when you’re read your rights
If you ever find yourself in a situation where you’ve been read your Uniform Code of Military Justice Article 31 rights — the equivalent of a civilian’s Miranda rights —...
Put affairs in order before you deploy
So you’ve received the call to deploy. You have many tasks to complete before you leave— including a number of personal legal affairs.