Travis AFB is indicating they have decided to Dishonorably Discharge my husband after 22 years of service. My husband will be serving 20 years -the penalty he received in the California Civilian Court System. His crime was against his daughters. Now we will not be able to get pension or military benefits. I believe this is so wrong-I believe we as his victims should not be further punished by the military. I do not understand how they can take the pension after he has served his 20 years-he had an exemplary military record. I can understand why they would not want him to have it and that is fine, but I believe we deserve it after all we have been through already. After all, his needs are being taken care of by the prison system.Who is there to look after us to see that our needs are met? Who makes these kinds of decisions and is there anything I can do besides writing to all the public officials I can find to fight this decision. Travis Legal Dept will not communicate with me regarding this matter at all. It is so frustrating. I have written to JAG, the Department of Defense. I will be contacting the ACLU and the California Senators. I am also having others write letters on our behalf. I cannot afford an attorney and there is no one in my area that specializes in military law. On top of all that, they said the person who was supposed to be his military attorney has left the base, so who is representing his rights? They said they will only communicate with my husband which would be really difficult since the only outside calls he can make are collect phone calls. I need someone really knowledgeable to help me. I would appreciate any and all asistance. We are talking about the futures of 15 and 12 year old girls who have been through so much already, but are really great kids. don't want them to haveto suffer anymore because of what their father did. I am currently disabled because of an on the job back injury so sources of money are vital. I will fight for my girls and do whatever it takes.:angry: :angry: :angry:

Hello and welcome to the Military Justice forum. I'm really sorry to hear about your situation. Bluntly, that sucks! I believe I have read a case similar to yours holding that the spouse and children would receive pay and benefits. Part of the court's reasoning was that they were the victims of the incarcerated spouse. Your post isn't exactly clear as to the court that sentenced your husband, but I read it as a State of California criminal court, not a military courts-martial. If that is the case, you need to contact your husband's attorney or possibly the prosecutor who handled the case and see if they can do anything. You also might talk to a Legal Services office where you live and see if they can help, or refer you. The local or state bar association has lawyer referral service. The military is a different kind of animal when it comes to legal issues, especially those arising from the UCMJ, and you need someone experienced in dealing with military issues. I'm not sure what military policy is concerning continued pay and benefits when a servicemember is serving state time. I will try to find some answers to your questions and post a reply. You might try checking with the Finance Office or with the JAG Command Office at his last post. If they can't help you, maybe they can refer you to someone who can. It sounds like you and your girls have really been through it. Hang in there, hon. Please feel free to post anytime whether it's to update or just to vent. Everyone here is ready to help and support you, even if it's just to "listen."

~Lisa.

I would call the PAO at the following and explain you are having troubles contacting the SJA Victims Advocate regarding victim transitional pay benefits. Public Affairs folks usually respond quickly and tend to atleast get phone calls made to the right people. 60th AIR MOBILITY WING (AMC) Office of Public Affairs,Travis Air Force Base, Calif. 94535 (707) 424-2011

Hope this helps......

You need a lawyer.

Hello I am new here. I do feel for you. My ex is in Leavenworth for a crime against my daughter. He was sentenced to 27 years. I am reciving victims comp for the next two years which helps. I am lucky that it gives me time to finish my degree and be able to get a good job after that two years. I do think though they should continue to provide for the family after that time. It is not our fault that he choose to hurt our children but in the end we are the ones that fighting to protect them now that they are gone. These are just my thoughts.
I do feel for the people here that have sons or husbands in prison. I am sure you miss them very much.
In my case 27 years is not long enough for what he did and I will be at every hearing to make sure he does not get released on parole.
I dont do this only for the anger I feel for what has happened to my child but to hopefully protect any other child that may come in his path when he is released

sounds like they decided to discharge him for misconduct because of the civilian charges, but not because they brought any military charges. if that is the case, you should be able to submit reasons why he should not be discharged at all or at least his discharge should not be dishonorable, and thus not lose his benefits.

it definitely would be very helpful to have some of your reps pushing for that, as well as if you could get the civilian defense attorney and even prosecutor push for it too, like Denada said

good luck, dont let them blow you off.

if his military attorney has left, it is possible for him to get assigned a new attorney, who can and should discuss matters with you. If by Travis legal department, you mean the prosecutors, then they probably will never talk directly to you. but the defense attorney should def. talk to you.