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Military Legal Assistance

What is Military legal assistance?

Military Lawyers are called Judge advocates (JAG). JAGs can offer help in legal and non-legal matters ranging from purchasing a car to renting an apartment, buying a home, paying taxes or writing a will. A "judge advocate is an attorney who has graduated from an accredited law school, and is licensed to practice law by the highest court of a state or by a federal court and is available for military personnel as well as their families. However many times, people in the military wonder if Military legal assistance can help them in any way. Read below a few of the questions that has been answered by the Experts.

If a wife is currently separated from her husband who has just been deployed to Iraq and their Military identification card has expired what should he/she?

Typically, the first step is to visit the Base Personnel Office and hand over the expired ID, and request that the individual’s ID be renewed. If they won’t do it, they will tell you the reason and the next step. If they tell you that he must submit a form then ask him. If he refuses, contact his commander and ask for assistance. Each unit has a “rear D” or Rear Detachment” at their base and they are for the support of the local troops and family.

Can military legal assistance help a widow of an Air Force Veteran put their assets in a trust fund?

Legal assistance offices within the military bases provide varying levels of service to the military and their families. A trust is a complex topic with many outside laws and requires significant knowledge of state law. Some military legal assistance offices will offer this service others will not. Check with your local base, they may be able to help.

If someone is the Army OneSource Community Support Coordinator for SC, and is currently searching for lawyers that support the Military with either free or reduce services in SC where could they obtain information for military lawyers.

There are several places you can get this information.

1. The LAMP committee of the ABA is a committee of the ABA specially for addressing problems of providing legal assistance to military personnel. Active duty, retired, and dependents can get free assistance from the base legal office.
2. The State AFB, SJA, usually maintain a list of local lawyers.
3. Navy Legal Service Office at Charleston, they too will have a list.
4. Check with the SC Bar Association; ask if you can be put in touch with the Chairman of the Military Law Committee.
5. Contact the Administrative Law Divisions of the Air Force and Navy, and ask them for input.

If a couple are in the process of a divorce, will the military appoint legal representative for the wife or is Military legal assistance solely for the person that is in the military?

Military legal assistance can answer any questions you may have, however they cannot represent a person that is not in the military or a soon to be ex of a military officer. Legal assistance must be sought outside of the military.

How can someone get citizenship if their husband is in the military?

The individual could go to JAG, their military legal assistance office on their base. Whereas there is not a streamlined path to citizenship for spouses the same as for active duty members, the fact that she is married to someone in the military will give her easier path to either citizenship or residency.

Each military service has specific regulations regarding the extent of legal assistance they provide Legal assistance offices are located on almost every base, ship and installation. If you have trouble locating military legal assistance, you can contact the Experts for answers.
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Recent Legal Assistance Questions

  • I received a Relief for Cause NCOER from my chain of command.

    I received a Relief for Cause NCOER from my chain of command. I was called into the CDR’s office, and when I entered, my Platoon Leader, and BN CSM were present. After reporting, the CDR informed me that he was relieving me base on counseling statements from my PL. He handed me a folder which contained my NCOER, which was already signed by my PL, CDR and my BN CDR as the reviewer. As I started to read it, he told me that I can read it later; the CSM then told me that I have 48 hrs to sign it. I was then dismissed from the office. After talking with the BDE CSM, he advised me to request a CDR’s inquiry from the BDE CDR, however it was handed down to my BN CDR conducted the inquiry. It is now 40 days later and I was just brief by my CSM that the inquiry is finished. The document from the SJA showed that the IO recommended that the NCOER be changed to a change of rater. The CSM then asked me to write some bullet comments on the original NCOER to reflect what I thought that I should read. The next day I returned and gave the CSM my recommendations and he told me that the NCOER will go forward without change; he just want to see what I thought my NCOER should read.

    I don’t understand this process. After 40 days, no one has ever gone over my NCOER with me; there are obvious falsifications on my NCOER such as a forged counseling date that never happened. Another thing is that one document that was used against me was a typed statement of an event that happened 3 months ago that was never investigated or substantiated. The document has no date or signature of who wrote it. That same document was used to justify a “needs much improvement” rating. One more thing is that several counseling statements stated that I am not completing tasks but fails to specifically state at least one task that I failed to do. During the counseling session, I asked my PL to document what specific tasks that I am not completing, he told me that he has plenty of examples but he ran out of room on the paper.

    The IO was informed of all of this. The BN CSM would not show me the full report. I have an appointment with legal assistance to request the documents under the freedom of information act. I don't know if the NCOER was sent forward already, but I have requested to see the DIV CDR.

    I have researched AR 623-3 and DA Pam 623-3. As I interpret the Regs, the process was not conducted properly. The BDE CDR should have conducted the inquiry since the BN CDR was my reviewer. Also, the BN CDR should have made the rater remove the counseling date that didn't happened; the CRD should have briefed me on the finding not the BN CSM. Unsubstantiated comments should be removed...

    Please advice!
  • Do I have the right to see legal assistance

    Do I have the right to see legal assistance if I am being given a 6105 counseling? In order to help write a rebuttal and get advice. Also am I entitled to a copy to use to write my rebuttals. I was told I will get it after the CO signs it but he will not be here for another week and I only have five days to write my rebuttal.
  • Hi there..my brother is retired military, living in mishawa

    Hi there..my brother is retired military, living in mishawa and working for a government store..he was driving to work and a Japanese man (who might have been drinking) walked in front of his car and was severly injured..he went through windshield and my brother thought he was dead..he is in hospital and my brother (very responsible manager) is a mess...should he retain a lawyer now as someone told him he could go to jail?! I am worried as he does not know about these things and I am in florida, he is still a nervous wreck and I emailed him to stay home a few days and not go to work? please what should I do to help my brother, he is a very good driver and I am thinking he needs counsel?
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