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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26137
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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My attorney sent a subpoena to my husbands military unit for

Customer Question

My attorney sent a subpoena to my husband's military unit for his military records concerning his deployment and travel with his unit - he is full time active duty air guard member - I am involved in a divorce action with my husband and he used the military travel and deployment as a means to commite adultrey with another member of his unit, also lower in rank than himself. They traveled on several guard related trips, on guard time, guard expense, stayed in hotels together, used government credit cards to pay for meals, travel and hotel rooms. She would take leave and travel with him on guard related trips and training and he would use his goverment credit card to pay for all expenses. I want the records to prove in my divorce case of his misuse of funds, his travel with her and others reason. The subpoena was sent to the JAG office and was held, thye would not release. What do I do now? Also I want to subpoena his commander and other members of his unit for depositions - will I have a problem with this?
Submitted: 1 year ago.
Category: Military Law
Expert:  P. Simmons replied 1 year ago.
Thanks for the chance to help. I am an attorney with over 12 years military law experience.

The military is a federal entity and therefore are not required to respond to a state subpoena.

That said, policy for all services is to respond to a properly issued subpoena (signed by a judge) if it is served properly. That is part of the problem...your lawyer did not do his or her research. Service is never on JAG. You have to serve to the service secretary (so if Army, to the secretary of the Army).

Have your lawyer make sure the subpoena is signed by a judge (not the lawyer) and then have the subpoena served on the service secretary. That is how to get a subpoena answered.

P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26137
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
P. Simmons and 2 other Military Law Specialists are ready to help you
Customer: replied 1 year ago.


So can I re-send the subpoena to the secretary of the air force - he is air guard full time - AGR - will the judge in family court sign off on it if my attorney requests her too. Also you did not answer my question concerning serving a subpoena on his commander for a deposition hearing - I want to request his commander to give testimony at a deposition but will serve the subpoena on him at his home - not the guard. Also I did not serve the subpoena(for the records) on the JAG-it was served on the unit personal office at the base per the information told to us by the unit commander - the subpoena's were forwarded onto the local JAG office and they called and said they would not release the information. I also requested that my husband produce this information through discovery about a week ago - can I get it that way?

Customer: replied 1 year ago.

Are you going to answer my reply questions -

Expert:  P. Simmons replied 1 year ago.
Sorry, I stepped away from the computer.

If you are seeking Air Force records (from a current AF member, then yes...the best way to obtain is to subpoena through the Secretary of the Air Force). Have your lawyer contact JAG at headquarters air force and they can give you the delegate for service of process.

You can also request the court order the records through discovery, so long as your husband has the records...the court can only order he produce what he has. But if they are AF records, under the control of the AF? Then you need to subpoena them from the AF.

Finally, regarding the Colonel, if your goal is to have the colonel testify about information regarding his official position your lawyer will need to comply with 32 Code of Federal Regulations part 97.

The Air Force has not codified this...so they do not have a written policy (the other services do) but 32 CFR part 97 will apply. So the release authority for testimony will remain the secretary.

So I would have your lawyer provide a subpoena for testimony AND for the documents both to the secretary of the Air Force.

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