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Military Members are Required to get the Covid Vaccine. Are Medical or Religious Exemptions Granted?
The Defense Department has made it clear for some time that all service members must be fully vaccinated again Covid-19, and this includes all reserve component members. Unless there was an approved exemption, the consequences of non-compliance can be severe, including prosecution under Articles 90 and 92 of the Uniform Code of Military Justice (UCMJ) and discharge.
Has there been a process for requesting an exemption on medical or religious grounds? How likely was it that those requests were granted?
Steve and Patty Shewmaker discuss.
You are a Military Service Member that had a Positive Drug Test. What Should You Do?
Military service members are tested twice yearly for drug use. The test is typically a urinalysis and you’ll be screened for marijuana, cocaine, amphetamines and opiates. In some cases you may also be screened for other drugs like barbiturates, LSD, or even steroids. The effect on the service members career can be devastating and include military separation or court martial. What should you do if you come up positive on a test? What if you feel you have been falsely accused? Should you accept the offer of a free trial defense or retain private counsel? Steve and Patty Shewmaker with the Law Firm Shewmaker & Shewmaker answer these questions and many more in this video.
ROTC and Service Academy Disenrollment Procedures and Due Process
What is an ROTC and Service Academy Disenrollment? When a contracted Cadet commits a violation or acts in a manner unbecoming of a future officer, the university can initiate a formal disenrollment. Each service has internal regulations on how to conduct these hearings. An ROTC Disenrollment Hearing is quite different from a typical trial as is the role of the Cadet’s lawyer. There is some due process and the Cadet is allowed to present a defense and they are allowed notice of evidence that will be used against them. The Cadet has to represent themselves but their attorney has a very important role. Steve Shewmaker and Alexa Lewis of Shewmaker and Shewmaker discuss ROTC and Service Academy disenrollment hearings in this video. What does due process look like in these hearings and how can the attorney best serve their client?
What Type of Discharges Can You Receive in the Military?
When a member of the armed forces is released from their obligation to serve it’s considered a military discharge. Enlistment in the U.S. military typically requires a substantial commitment. In this article we discuss the various types of military discharges that can occur before that satisfying that commitment, in particular the “Other Than Honorable (OTH) Discharge” which can be devastating to the service member’s benefits and future civilian prospects.
What is a Separation Board in the Military? How Does it Differ from a Contested Court-Martial?
From a litigation standpoint, an administrative separation hearing is very similar to a contested court-martial. The Respondent is entitled to have an attorney, call witnesses, cross examine witnesses, and present opening and closing statements. There are some stark differences.
How Can an Attorney Help at an ROTC Disenrollment Hearing?
During an ROTC Disenrollment Hearing the Cadet’s attorney can not technically speak, but they can be of great assistance to the Cadet. The board will be often deferential to the attorney in allowing as much time as possible to talk to the Cadet. A good attorney in an ROTC Disenrollment Hearing can “read the room” and push the boundaries in giving the Cadet their best chance at a good outcome. Steve Shewmaker and Alexa Lewis discuss exactly how an attorney can help in this video from the Shewmaker & Shewmaker Law Firm.
Is Every Retirement Account Divisible by a QDRO?
When military couples divorce, assets are typically divided. Does the division extend to their retirement plans? Not necessarily. Qualified Domestic Relations Orders (QDRO) are required. Do those QDROs apply to every retirement account? Not necessarily! Patty Shewmaker and Jimmy Lewis of the Law Firm Shewmaker and Shewmaker discuss the particulars in this video.
What Happens If You Don’t do a QDRO in a Military Separation or Divorce?
The ramifications if you delay in obtaining a QDRO in a Military Separation or Divorce are severe. You could lose valuable rights and run the risk of forfeiting benefits that were awarded to you. In this video, Patty Shewmaker and Jimmy Lewis of the Law Firm Shewmaker & Shewmaker discuss the importance of QDROs and what could happen if you neglect to get one.
Is the Spouse of a Military Service Member Entitled to Half their Pension?
Spouses of military members often think they are entitled to half of their spouses assets including their military pension. Steve Shewmaker and Alexa Lewis of Shewmaker & Shewmaker discuss the facts surrounding division of assets in a military divorce.
Should I Meet With Investigators in a Title IX Investigation?
I’m in College and Being Investigated for a Title IX Infraction. Should I Meet With the Investigators and Give My Version of the Events? Steve Shewmaker and Alexa Lewis with the Shewmaker & Shewmaker Law Firm discuss what to do and who to talk to if you find yourself the subject of a Title IX Investigation.
What is a Title IX Investigation Like?
Title IX was initiated to end discrimination against women on college campuses and provide equal opportunities. Title X covers not only discrimination, but sexual harassment and sexual assault. A college Title IX investigation is required independent of a law enforcement investigation and in general, these investigations lack due process, the accused attorney is not allowed to speak, and the university investigation carries a much lower burden of proof than a criminal justice investigation.
ROTC Disenrollment Hearings: Can the Cadet Have an Attorney and What is Their Role?
ROTC Disenrollment Hearings are very different from a typical trial. The role of legal counsel is unusual. Unlike a separation hearing or a court martial, the attorney cannot speak at the hearing. The cadet has to do his own representation at the hearing. Steve Shewmaker and Alexa Lewis of Shewmaker & Shewmaker discuss the role of the attorney in these hearings.
What Conduct Can Trigger a Title IX Investigation for a College Student?
Title IX investigations of college students and ROTC disenrollment hearings can result in serious penalties and possibly get a student kicked out. Alexa Lewis and Steve Shewmaker discuss the behaviors that can trigger an investigation, from sexual misconduct to plagiarism.
Navy Corpsman with PTSD and a Positive Urinalysis Retains Retirement and Benefits Thanks to Shewmaker & Shewmaker
Robert Capovilla here from Shewmaker & Shewmaker. Last week I had the honor to represent HM2 Christopher Alliano at a separation hearing held at the U.S. Navy Recruiting Command in Millington, Tennessee. HM2 Alliano hired me after he tested positive for THC from a urinalysis done in June 2019.
Shewmaker & Shewmaker Help Green Beret Save Career!
Today we discuss a hard fought victory to save a Green Beret’s retirement. Thanks to the hard work from Mickey Williams and our team here at Shewmaker & Shewmaker, this combat veteran fought for justice and his retirement was saved.
Does My Good Military Character Count if I’m Charged With Sexual Assault?
“I’ve served for over a decade! I’ve deployed 4 times! My command loves me! Does this help me if I’m accused of sexual assault?” These are questions we get at Shewmaker & Shewmaker every time we speak to a Soldier who is accused of sexual assault. Well…the answer is not as simple as it used to be!
Mickey Williams and the Team at Shewmaker & Shewmaker Win Big at Fort Benning, GA
Our client was accused of wrongfully ingesting THC during holiday block leave. Instead of giving our client his day in court, the Command elects to separate our client at a separation hearing.
What is a QDRO? When Do People Need One?
Patty Shewmaker and Jimmy Lewis talk about Qualified Domestic Relations Orders (QDRO). How do they affect your 401k and other benefits? When do you need one?
ROTC Disenrollment Hearings: How Serious are They?
Steve Shewmaker and Alexa Lewis of Shewmaker and Shewmaker on ROTC disenrollment hearings. What are they? How serious are they?
Sexual Assault Case at Fort Sill in Oklahoma: Full Acquittal
In this case, a soldier was accused of sexual assault and abusive sexual contact by a female trainee at AIT. During trial, Shewmaker & Shewmaker expose the accuser during an aggressive cross examination. Shewmaker & Shewmaker show the panel that the accuser...
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