Military Law Basics

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What's Next for Army Major Nidal Hasan?
  On November 5, 2009, US Army Major Nidal Malik Hasan opened fire at Fort Hood, Texas, where he was stationed. He killed 13 and wounded 43 soldiers and civilians The US military has jurisdiction over the case Major Hasan faces 13 murder charges or "specifications," and he faces the death penalty ... READ MORE

Is the End in Sight for "Don't Ask, Don't Tell"?
Update The Don't Ask, Don't Tell (DADT) ban on openly gay service members violates the US Constitution. That's the ruling made by Judge Virginia Phillips, a federal judge in California. She determined the policy violates soldiers' rights to free speech and due process. The judge was persuaded that DADT ... READ MORE

Stolen Valor Act May Go Too Far to Protect Heroes
Politics aside, most of us agree that US military personnel bravely work at jobs many of us don't want to do. Should their honorable service to the country be protected, and if so, how? Can the appreciation we feel for their service go too far? Protecting Valor The Stolen Valor Act (Act) is meant to ... READ MORE

Taxability of Military Pay
Do you know that there are certain built-in tax advantages for military pay? As a member of the Armed Forces, you receive many different types of pay and allowances. Some of your pay and most of your allowances are excluded from your gross income. This means they aren't taxed.  Taxable Gross Income ... READ MORE

Military Versus Civilian Court Authority
Like civilians, military service members can be involved in crime. These crimes may be committed on or off a military base. Many civilian laws may be broken during the commission of a crime. However, the military has its own set of laws to deal with crimes. Uniform Code of Military Justice (UCMJ) The ... READ MORE

Obtaining Your Military Records
Do you have the need or desire to obtain your military records? The federal government stores records on people who have been discharged from the military. As a veteran, you can request a copy of your records. If you're the next of kin of a deceased veteran, you also have the right to request this information. ... READ MORE

Rights and Protections of Military Personnel
The United States government has enacted several laws that apply only to those in the military. These laws give special rights and considerations to those who serve their country, usually during periods of active duty and deployment. Some federal acts exempt servicemembers from certain laws. Others federal ... READ MORE

Selective Service Registration Requirements
Almost all male Unites States citizens and male aliens living in the United States who are 18 through 25 years old must complete Selective Service registration. Failing to do so may cost you certain benefits, and fines and even prison are possible. Females, some non-citizens, and some men who are ... READ MORE

The GI Bill After 9/11
The Post-9/11 GI Bill provides financial support for education and housing to individuals with at least 90 days of aggregate service on or after September 11, 2001. You may be eligible if you were discharged with a service-connected disability after 30 days. You must have received an honorable discharge ... READ MORE

Uniformed Services Former Spouse Protection Act
Before 1982, state courts disagreed on whether they were allowed to divide military retired pay in divorce cases. On September 8, 1982, Congress enacted the Uniformed Services Former Spouses Protection Act (USFSPA). This law allows state courts to treat military retired pay as marital property in divorce ... READ MORE

 

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Restraining Orders, Military vs. Civil

Military families in crisis have a choice between military and civil protective orders. Military protective orders can be obtained quickly and easily by an abused spouse by going to the other spouse&# ... Read more

The New “Blended” Benefits Package for Military Personnel

Contributing Author: Dianne Schechter The year ahead will prompt many of today’s 1.3 million active-duty service members to make a big decision about their retirement benefits: whether to preser ... Read more

Amendment Protects Servicemembers’ Surviving Spouse Against Foreclosure

The Honorable Bob Filner introduced HR 1263, which if passed would protect some surviving spouses of servicemembers from foreclosures on their homes for nine months.  The Serviceme ... Read more

San Antonio Military Law Attorney

As a member of the United States Armed Forces, do you understand your rights under military law?  If you don’t, you are not alone.  All things military lead back to the Uniform Code of ... Read more

Command Influence and Fort Hood

The tragedy at Fort Hood is going to reverberate across our country for months to come.  Unfortunately for the military justice system, the intense national and media attention will cause a subst ... Read more

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