Legal Question in Military Law in Alabama

State of Alabama denying me unemployment for Article 15

While I was serving in the Navy, a friend of mine took some snow skis and then sold it to me. I then took the skis to a ski shop and traded them in on a snowbaord. NCIS contacted my command and I took the blame because my friend had a wife and new kid and the Navy was the only way he could provide for them. I went to Captains Mast and got 45 days restriction, 45 days half pay and reduction in rank. I was also given General Discharge from the Navy. Fast forward 7 years and I start working for a local police department. The police department sends in my academy packet APOSTC and they deny it saying that my Captains Mast is the same thing as a misdemeanor conviction for larceny. I lose my job with the police department because I can't get certified as a police officer. I talk with someone from the AG's office and they also state that it is illegal for me to carry or even own a handgun. Although the state has issued me a Concealed Carry Pistol Permit. Please help. 1)Is a Captains Mast(Article 15) the same as a misdemeanor conviction and 2)What is my recourse for taking action against the state so that I may legally own a handgun.


Asked on 9/18/05, 8:57 pm

1 Answer from Attorneys
Donald G. Rehkopf, Jr. Brenna, Brenna & Boyce, PLLC

Re: State of Alabama denying me unemployment for Article 15

A Captain's Mast - Article 15, is NOT a conviction period! It is based on federal law, not State, so it is illegal for Alabama (or any other state) to hold that you have a "conviction." The "handgun" situation is different, as that depends on State law and in some states [I do not know about Alabama] a General Discharge could disqualify you.

Email me and tell me where in Alabama you are. I know a couple of good attorneys down there who might be able to help you out.

You didn't say how long ago you got fired, but if it was relatively recent, you MIGHT be able to sue to get your job back, since it is clear as a bell that you do not have a criminal conviction, regardless of what they are saying.

Regards,

Don Rehkopf

[email protected]

Read more
Answered on 9/18/05, 9:14 pm


Related Questions & Answers

More Military Law questions and answers in Alabama