Legal Question in Military Law in Virginia

i am currently fighting a felony gun possesion case in n.y supreme court which has been on going since june of 09,my command just recommended me for discharge a couple of days ago when im found not guilty which will happen will i be able to stay in the coast guard


Asked on 3/12/10, 2:15 am

1 Answer from Attorneys
William J. Holmes Attorney at Military Law

You need to fight the discharge now. In order to discharge you, they have to show you committed misconduct and should be separated. If you can prove that you did not commit misconduct, they cannot separate you. Even if they show you did something wrong, you can still argue that you should not be separated based on your record, still being an asset to the Guard, etc. You have the right to a discharge board where you can fight this, be represented by counsel, and present evidence on your behalf. Fight it now or you may not have a chance to get it reversed later, even if you win in NY. If you are discharged, we may be able to get it reversed later if you win in NY, but be sure to fight it now just in case.

Please feel free to contact me if you have any further questions.

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Answered on 3/17/10, 6:16 am


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