US Military Law

The term "draconian" refers to laws, rules, or measures that are excessively harsh or severe. It originates from Draco, an ancient Athenian lawmaker known for his extremely stringent legal code, which was said to be written in blood. In modern usage, it often describes overly punitive policies or actions that are considered unjustly severe.

Yes, a military soldier can be deployed even if they are in contempt of court, as military orders generally take precedence over civilian legal matters. However, the specifics can depend on the nature of the contempt and the military branch's policies. It is possible that legal issues could affect a soldier's readiness or ability to deploy, but there is no blanket rule preventing deployment solely based on contempt of court. Ultimately, the military chain of command will make the final decision regarding deployment.

Yes, U.S. taxpayers fund some medical expenses related to the transition of transgender service members in the military. This includes gender-affirming surgeries and hormone therapies as part of the Department of Defense's healthcare coverage for active-duty personnel. However, policies and coverage can vary depending on the administration and specific regulations in place at the time.

Yes, a Military Protective Order (MPO) can be enforced off base, but its enforcement may depend on the circumstances and the local jurisdiction's laws. While military law provides for MPOs to protect individuals from harassment or harm, local law enforcement agencies may also assist in enforcing the order. It's important for the affected party to provide a copy of the MPO to local authorities for it to be recognized off base.

The events of September 11, 2001, led to a significant transformation of the U.S. military, primarily through the initiation of the Global War on Terror, which included operations in Afghanistan and Iraq. This focus shifted military strategies towards counterterrorism, intelligence gathering, and asymmetrical warfare, resulting in increased funding and resources for special operations forces. Additionally, the military adopted new technologies and strategies to address unconventional threats, leading to an ongoing emphasis on rapid response and joint operations across various branches. The psychological and operational impacts of 9/11 also fostered a deeper connection between military and civilian sectors in addressing national security.

If a Dishonorable discharge (DD) was recieved, it is highly unlikely any change will be made. DD is the most punitive discharge characterization that can be awarded. The process is to apply for a change in characterization to the Board for Correction of Naval Records (BCNR) for Navy and Marines, or the Board for Correction of Military Records (BCMR) for Army.

If a former member recieved a General, Under Other Than Honorable (OTH) or Bad Conduct Discharge, the procedure is to apply for an upgrade of characterization to the Navy Discharge Review Board (NDRB) for Navy and Marines or the Discharge Review Board (DRB) for their respective service.

In either case, applicants must show through documentation, and clear issues and arguments their case warrants an upgrade due to an impropriety or inequity. There is no clear cut criteria for upgrading charcterization of service. Each case is considered on a case by case basis, and on it's own merits. However, there are several items that must be included in the application package if it is going to have a good chance of success. These include: clear, coherent issues of impropriety or inequity, documentation to support these issues, and documentation of post-service conduct which could show the applicant's misconduct was an isolated incident, and not indicative of his overall charcter.

The disposition of Capture Tag Part A Tag on DD Form 2745 typically refers to the status or final outcome of the item being captured or seized. It could indicate if the item has been surrendered, returned, retained for evidence, or disposed of through legal processes. The specific disposition will vary depending on the circumstances and legal requirements.

You have to talk to a recruiter, and try to get a waiver. These days, you won't get a waiver, the military is downsizing big time.

You can apply to have your RE code changed at the Board for Correction of Naval Records or the Board for Correction of Military Records depeding on which service you were in. The services' discharge review boards do not have the authority to change RE codes. You will have to show an administrative error, or some injustice in order to make a change. RE codes are very rarely changed. But, if you are successful, you may then be able to re-enlist.

Yes. The question is confusing. Most military installations in the US have a hospital or medical center on post/base. These facilities are used to treat service members and their dependents. Occasionally, it will be necessary for a service member to be hospitalized. Such a situation does not affect his service status, beyond the fact that he may not be able to be immediately deployed.

Help to prevent trafficking in contraband, stop the movement of known or suspected belligerents, control access into restricted or contested areas by individuals or elements that could cause hostilities between warring parties, assist friendly forces in detecting and evaluating the behavior patterns of the local populace, a critical part of the intelligence process

Yes. The member must apply to the Board for Correction of Naval Records (BCNR) if they served in the Navy or Marines, or the Board for Correction of Military Records (BCMR) for former Army members. The Air Force has an equivelent board, but the name escapes me at the time. Discharge review boards (DRB) or Navy Discharge Review Board (NDRB) do not have the authority to change RE codes.

Generally, military deployments can be postponed for a period of time after the birth of a child. Each military branch has specific regulations and policies regarding deployments after having a baby. It is recommended to consult with your commanding officer or military personnel office to determine the specific guidelines that apply to your situation.

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what type of responsability obliges a soldier to excersice reasonable and prudent actions to properly care for and provide proper custody and safekeeping for property in storege awaiting issue

no

A judicial court for trying members of the armed services accused of offences against military. That means a soldier is taken to court for offences against the military basically.

I presume that you mean that you wish to collect unemployment because you were involuntarily separated from the military.

Discharge from the military, for any reason, does not qualify one for unemployment benefits in California (and, I'm pretty sure, nowhere else, either). Unemployment is a civilian system.

Now, you may qualify for assistance from programs under the various "Welfare" laws if you are unable to find a new job quickly. Disability claims must be filed through the Military, however.

If the question involves the impact that a OTH or BCD might have on future eligibility for unemployment in the civilian world (i.e. you took a civilian job, then were laid off): it is irrelevant. OTH/BCD and similar have no legal bearing in the civilian world - they will follow you around when applying for various military benefits and things, but they do not become part of your civilian legal record. That is, it's not like they're treated as a felony or other crime. They can't be used against you in the civilian legal or ordinary government benefits areas.

A Court Martial is the court that applies military law. In the US, such courts are subject to review by higher military authority, and ultimately by the US Supreme Court.

For what country? If it's the US, check the temporary options here: http://www.martinvisalaw.com/nonimmigrant%20visas.html

In our system of checks and balances we keep control over the military by having civilians overseeing the military to keep them from being too powerful and overthrowing the government, civilians approve the budget for each service and a civilian is the head of each branch of the service.

if you're enlisted, confer with your next highest enlisted person, NCO, LCPO, whatever, then, if that doesn't help anything take it to the officer's direct superior, but remember the golden rule, keep it on the lowest possible level.

Rebuttal statements are used in a debate, where the opposing side gets to respond to the arguments. Unless the format of the debate is known in advance, it is hard to have it written in advance. The great thing about debating is learning to think up quick, logical responses in a discussion.