Legal Question in Military Law in Ohio

My husband was a SSgt in the Air Force for six years. In November 2009, he was found guilty in Special Court for larceny of a cell phone, given three months confinement (6 month max sentence), three months forfeiture of pay, and redution to E3. His commander recommended discharge. After a discharge board hearing, my husband was given a general discharge with honorable conditions. My husband didn't receive discharge order until April 29, 2010 so was not able to out-process. Once given his orders, he completed out-processing May 15, 2010. The air force stopped his pay on April 29, 2010 so he was not paid on May 15. We live in privatized military housing and the housing development is requiring us to pay the rent and utilities for the month of May. However, we are unable to pay that because I am stay-at-home mom and now my husband is unemployed. Shouldn't the Air Force be entitled to pay our housing cost for the month of May? Could I file a congressional complaint to seek reimbursement if we come up with the money to pay the rent and utility cost? Also, is my husband now considered a felon?

Asked on 5/19/10, 8:58 am

1 Answer from Attorneys

Robert Kerpsack Robert W. Kerpsack Co., L.P.A.

I am sorry to hear about your circumstances. Unfortunately, I do not practice military law; therefore, I am not going to be able to answer your specific questions, nor will I be representing you. I urge you to consult immediately with other lawyers regarding your potential legal rights. Your local bar association may have a lawyer referral service that can provide you with the names of some lawyers near you who handle these types of matters. In the alternative, you may want to contact the Columbus Bar Association Lawyer Referral Service (telephone number 614-221-4112; web address I am sorry I cannot help you.

Bob Kerpsack

Phone: 614-766-2000

Fax: 614-766-2005

Email: [email protected]


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Answered on 5/24/10, 2:43 pm

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