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Military Law Archives

Desertion is a serious charge against a service member

One of the reasons that the United States military is the strongest in the world is the ingrained sense of duty, discipline and respect for hierarchy that service members embrace when they take on the incredible role of soldier, sailor or airman. Virginia residents who have served in the armed forces can attest to the importance of trusting one's fellow service members and understanding the importance of fulfilling one's responsibilities not only to protect their personal safety but also to protect the well-being of others in their units.

Taxing error may result in refunds to veterans

An error in the computation of taxes regarding military disability severance pay will result in more than 130,000 veterans receiving refunds from the government. Virginia veterans who received these lump-sum payments and were taxed on them after January 1992, may be eligible for refunds and, therefore, may receive notifications from the Department of Defense regarding their eligibility.

Non discretionary allotment may be used to pay off child support

A member of the United States military who is subject to a Virginia child support order is required to make payments under that order for the financial benefit of their child. If the service member is able to keep up with their payments in a timely manner, then they may not run into any issues regarding enforcement of the order. If, however, the service member falls behind on their payments, then they may see a non discretionary allotment taken out of their pay for the satisfaction of the delinquent child support payments.

Different conduct may constitute going AWOL in the military

The acronym "AWOL" stands for absent without leave. It is a well-known term for military personnel and involves some serious penalties for those who are found guilty of committing it. This blog will cover some of the ways that a service member may be considered AWOL; this post's contents, though, are not comprehensive. Please consult with a military law attorney if you have questions about a specific case.

A review of failure to report charges

As with any other job, a military career requires a Virginia resident to show up and do their work when they are told to do so. When a civilian fails to report to work, their employer may allow them some leeway and an opportunity to explain why they failed to report for their shift. In the military, though, a service member can be significantly sanctioned if they fail to report for duty.

Military leader punished for sexist comments

The strict hierarchy of the United States military has long been touted as one of the greatest assets of the nation's defense system. The structure in which power is passed up the chain of command and through which orders are set down ensures that individuals know where they stand with regard to what is expected of them and to whom they are accountable. Respect is a key component of making this system work and, recently, a high-ranking commander was reprimanded for conduct that some believe was highly unprofessional.

Can I get veterans' benefits with a dishonorable discharge?

Last month, this blog discussed the process of seeking a discharge upgrade. Put simply, a discharge upgrade improves the character of a veteran's discharge and, therefore, increases their capacity to obtain veterans' benefits by virtue of their years of military service. Discharge upgrades can be vitally important to the futures of military personnel, as many of the benefits they should enjoy require them to have discharge statuses other than dishonorable.

What is non-judicial punishment?

A Virginia service member who allegedly commits a felony may be subject to criminal conviction as well as court-martial procedures from their branch of the military. A court-martial is a serious process through which a service member may be dishonorably discharged from their branch of service and may, in the future, be denied access to veterans' benefits that they otherwise could have received but for the circumstances of their release from service.

What is a discharge upgrade?

Men and women who commit their lives to service in the United States military often are eligible for benefits after their periods of service end. Whether they may receive those benefits, though, can depend upon the manner in which they were discharged from their branches of service. This post will generally discuss military discharges, what those different discharges can mean for Fairfax residents, and what a person can do to improve their discharge status.

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