Legal Question in Military Law in Virginia

How Long?

So once they court-martial him he will serve his sentence and if they can't find enough evidence to charge him will they let him move on to his duty station? We were married in December and have not been able to file our BAH paperwork because his sgt needs to set up the appointment and refuses to do so what can I do to get this moving?


Asked on 4/11/09, 11:33 pm

1 Answer from Attorneys
Philip D. Cave Military Law & Justice

Re: How Long?

He should talk with his TDS attorney.

What his SGT is doing may be wrong. He should complain to his senior leadership, and if necessary go to the IG. This could potentially be argued as unlawful pretrial punishment in violation of Article 13, UCMJ, if it could be proved that the SGT is doing this deliberately because of the charges.

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Answered on 4/12/09, 12:22 am


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