Military Concerns

Upgrading a Military Discharge

If you have been given an unfavorable discharge, you may be able to upgrade your discharge. A servicemember can apply to have their discharge upgraded either through a civilian discharge review board of their particular service or through the Military Board for Correction of Military Records in each service By having your discharge upgraded, your civilian employment prospects will no longer be impaired by your unfavorable military history. In addition, an upgraded discharge may bring military or...

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Staff 4/18/2012 5:28:00 PM Comments(0)

The Servicemember's Civil Relief Act

The Servicemember's Civil Relief Act provides legal protection for those individuals on active duty in the military. The act protects servicemembers from certain judicial proceedings until the servicemember returns from military service, deployment or overseas duty. If civil action is taken against a servicemember while on active duty the servicemember has three legal protections: 1. In the event civil action is taken, the servicemember may apply to the court for a stay of proceedings. A stay of...

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Staff 12/12/2011 12:15:00 PM Comments(0)

Board for Corrections of Military Records

A servicemember can appeal to the Board for Correction of Military records if an adverse action like poor evaluation or unfavorable discharge has happened. The Board for Corrections of Military Records is a civilian agency providing administrative review to correct the errors and injustices in a military record that negatively affect the servicemember. If you have any negative history on your military record we can help you contest the accuracy and fairness of your military record. Successful ap...

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Staff 11/15/2011 12:27:00 PM Comments(0)

Military Search and Seizure

The Military Rules of Evidence provides that the search of a home, including the items within is prohibited absent a search warrant. However, a commander can order a search if there is probable cause to do. While probable cause affords commanders broad discretion to order searches, many limitations exist. For example, a warrantless search conducted by a third party, such as a servicemember's roommate, will be considered illegal if it was ordered by a commander. A military search and seizure can ...

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Staff 11/1/2011 12:25:00 PM Comments(0)

Article 86: Absence Without Leave (AWOL in the Army and Air Force or UA in the Navy, Coast Guard and Marine Corps)

An armed forces member is considered absent without leave if they either: 1 failed to go to their appointed place of duty at the time prescribed; 2 goes from that place; or 3 absents themself or remains absent from their unit, organization or place of duty at which they are required to be at the time prescribed. A servicemember charged with Article 86 must demonstrate an intent to return to the military. The punishment for going AWOL or UA may include confinement and/or bad conduct or dishonor...

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Staff 10/18/2011 1:59:00 PM Comments(0)

Military Law: Deployment and Child Custody

Servicemembers who have physical custody over their children may find themselves deployed, activated or placed on temporary assignment. Deployment does not mean you need to give up custody, parenting rights and time-sharing. Florida has a statute to protect the child custody orders of servicemembers called to duty. It prohibits permanent modifications of child custody orders for parents called to duty. If you are required by the service to give your former spouse temporary physical custody of yo...

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Staff 9/19/2011 1:08:00 PM Comments(0)

Military Urinalysis Test Program

The Department of Defense tests roughly 60,000 urine samples each month. All active members of the military are subjected to a urinalysis test at least once per year. The purpose of the test to monitor as well as deter controlled substance use by servicemembers. A positive urinalysis result may result in severe disciplinary actions including a discharge. There are many defenses to a positive urinalysis. Such tests may be mistakenly interpreted or the sample may have been improperly obtained....

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Staff 8/29/2011 5:59:00 PM Comments(0)

Board of Inquiry

A military officer may face a Board of Inquiry hearing as a result of allegations of misconduct. A Board of Inquiry reviews an officer's misconduct in light of their record and history with the military to determine whether that officer should be separated from the military. The Board of Inquiry hears the facts and evidence regarding the alleged misconduct and gives the commander empowered to make the final decision a recommendation on whether the military officer should be separated and the cha...

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Staff 8/15/2011 3:02:00 PM Comments(0)

Article 15

Article 15 of the Uniform Code of Military Justice allows military commanders to award nonjudicial punishments to servicemembers. This serves as an alternative to a court-martial, which has a higher form of punishment. Nonjudicial punishments are given to servicemembers who are charged with minor disciplinary offenses. Each service calls it by its own name. The Navy and Coast Guard call it Captain's Mast. In the Marine Corps it is Office Hours. In the Army and Air Force it is simply Article 15. ...

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Staff 7/28/2011 2:41:00 PM Comments(0)

Desertion

Desertion is a serious court-martial offense. Under the Uniform Code of Military Justice desertion occurs when an armed forces member either: 1 goes without authority or remains absent from his unity with an intent to remain away permanently; 2 quits his unit with the intent to avoid hazardous duty or shirk important service; or 3 without being regularly separated from one of the armed forces enlists or accepts an appointment in the same or another of the armed forces. If an armed forces member ...

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Staff 7/19/2011 9:55:00 AM Comments(0)

Foreclosure Suits Against Servicemembers

The Servicemembers Civil Relief Act provides servicemembers with many legal and procedural safeguards while on active duty. The Act contains specific mortgage provisions for servicemembers facing foreclosure suits. Before a court can enter judgment in a foreclosure suit against servicemembers the plaintiff must prove that the servicemember was not on active duty before legal action was started. Those who violate the act by foreclosing on a servicemember's property may face federal charges. I...

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Staff 7/12/2011 10:10:00 AM Comments(1)

Military Law: Administrative Discharge

There are several types of discharges the military may administratively issue to servicemembers: the honorable discharge; the general discharge under honorable conditions; and a discharge under other than honorable conditions. Servicemembers that have served less than 180 days are subject to entry level separation. If you are being discharged under other than honorable conditions, you have the right to an Administrative Board to hear your case. The characterization of a discharge may have ...

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Staff 7/8/2011 11:56:00 AM Comments(0)

Facing Court Martial? Know your Rights!

The military has a separate criminal code of conduct, called the Uniform Code of Military Justice. Violations of any provisions of the Uniform Code of Military Justice may result in an informal hearing or a full court martial. You are entitled to legal representation, independent of any legal representation provided through the military. You have important rights against incrimination, and may have a defense to the charges brought against you. Knowing your rights and finding the right attorney m...

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Staff 3/28/2011 9:59:00 AM Comments(1)

Military Child Support

What counts as income when calculating child support? Service personnel often receive military allowances and benefits, such as per diems, that are often left off a tax return. However, under Florida child support guidelines, they will count as income when child support is being calculated. If you're facing divorce and have questions about child support and filing a divorce in Florida, contact The Wheelock Law Firm at 407-648-5742. We are located in the Marketplace at Dr. Phillips.

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Staff 2/8/2011 9:23:00 AM Comments(0)

Divorce And The Military

Over half of all military personnel are married and 70% of military personnel have children. The divorce rate for active-duty military has risen from 2.6% in 2001 to 3.6% in 2009. Military divorces involve significant special issues. Even if you are not currently in Florida, you may be eligible for divorce in Florida. If you are in the military and considering divorce, contact The Wheelock Law Firm at 407-648-5742. We have extensive experience with military laws and how they can affect a family ...

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Staff 2/4/2011 2:09:00 PM Comments(0)

For the Military

Since entering private practice in 1985, Mr. Wheelock has brought his military training and experience to all areas of the law of interest to service persons and their families. He has essentially functioned as a private JAG doing military justice cases in all services including Navy, Army, Marines, Coast Guard and Air Force from Central Florida to Japan.. Mr. Wheelock has defended clients in Courts Marital, in Medical Discharge Boards, Administrative Discharge Boards and in desertion matters. O...

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Staff Attorney 2/17/2010 4:15:00 PM Comments(0)