Legal Question in Military Law in California

I am in the navy. I planned on going to Costa Rica, and filled an APACS request, which was approved, that required detailed information regarding my travel to the country.

I turned in a written leave request chit along with my APACS approval sheet. I received

via email that my leave was approved. I went on leave, while on leave I had minor plastic surgery, an in and out procedure, removing unwanted skin from my armpits. I was stiched and released the same day. I left Costa Rica, and went to my home of record, where I was visiting family. While there I was the victim of Domestic Abuse. During the assault, I did not realize at the time that my stiches were opened. I realized on my way back to my duty station, and upon landing went to Balboa Hospital, to get treatment.

I was admitted, and when my command was made aware. I was told that I was under investigation, for having lied on my leave chit, and going to Costa Rica. I was interrogated today by an officer appointed to perform a preliminary command investigation. I told them the truth that I turned in the APACS form along with my chit, that the information on the APACS form was a verifier that I had no intentions of hiding where I was travelling.

Then I was asked about my surgery, I told them it was elective, and that the policy on leave states that any elective surgery has to be done on the members personal leave. I told them the only reason, I sought medical attention, was not because the surgery went bad, but because my spouse aggravated the healing stiches with the assault.

He took down my statements, and said he was recommending it up the chain, and that I would be contacted by a JAG. I need help! I can't believe that because they APAC form was lost or ignored with my leave chit, that my career is in jeapordy.

Asked on 2/21/13, 9:08 pm

1 Answer from Attorneys

Kelvin Green The Law Office of Kelvin Green

You have to have a theater clearance from SOUTHCOM. Once the information is submitted in APACS then it goes to SOUTHCOM for approval. You will get an email back when this is approved. If you did not have the approval then there is a case to be made. It all comes down to what was said when you submitted your APACS form but my guess is they will tell you that it was your responsibility to ensure that APACS was done and that approval was done ( Theater clearances normally take 30 days or so)... You may want to retain a local attorneymto assist with this..

Good Luck

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Answered on 2/24/13, 1:40 am

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