JBLM Legal Assistance

Stephen Tenorio

Agenda

• Scope of Army Legal Assistance Services

• McChord Field Legal Assistance Trivia

• Command Structure and “The Commander”

• Recurring Issues

• JBLM Resources

• Questions and Answers

Legal Assistance Mission

• The mission of the legal assistance program is to assist those eligible for legal assistance with their personal legal affairs in a timely and professional manner by —

– Meeting their needs for information on personal legal matters.

– Resolving their personal legal problems whenever possible.

Legal Assistance Mission

• The legal assistance program is a commander’s program. The mission of the legal assistance program is based on the following military needs:

– Readiness

– Morale

– Discipline

– Quality Force

LA—Eligible Clients

• Active Duty Personnel & Family Members

• Reserve Personnel on active duty

• Retirees & Family Members

• Unusual cases

• Note: Retirees and Veterans are different

Uniformed Services ID Card (non-CAC)Non-Servicemember ID to access benefits/privileges

http://www.cac.mil/Uniformed-Services-ID-Card/

LA—Types of Cases

• Family Law

• Wills & Powers of Attorney

• Consumer Issues

– Landlord/Tenant

– Auto Sales

– Debt Collection

• Military Administrative Matters

• Domestic Violence

LA—Services Provided

• Legal Counseling• Legal Correspondence• Legal Negotiation• Legal Document Preparation• Lawyer Referrals• Preventive Law Services (civilian/military)• Ministerial Services• * Communication with Military Components • * Mediation Authorized (currently not provided)

McChord LAO Numbers

5400

5600

5800

6000

6200

6400

6600

6800

7000

7200

2015 2016 2017 2018 (projected)

Client Services - 1 Jan through 31 Dec Client Demographics

AD AD FM RET

Case Type

No Show

Consumer Protection

Criminal Victims

Economics

Estate Planning

Family Law

Military Admin

Real Property

Command Structure

• Command:

– The authority that a commander in the armed forces lawfully exercises over subordinates by virtue of rank or assignment.

– An order given by a commander; that is, the will of the commander expressed for the purpose of bringing about a particular action.

– A unit or units, an organization, or an area under the command of one individual.

Command Structure

• Command and Control:

– The exercise of authority and direction by a properly designated commander over assigned and attached forces in the accomplishment of the mission.

• The Commanding Officer or Commander has unique authority, responsibility, and accountability for the conduct of his/her unit.

U.S. Air Force

Major Commands

Numbered Air Force

Wing

Group

Squadron

Flight

2+ Divisions

2+ Groups

2+ Squadrons

2+ Planes

Fighter Squadron -- 18-24 aircraftBomber Squadron – 10-20 aircraftTransport Squadron – 8-19 aircraft

U.S. Army

Command Structure

• Why do we get different answers from servicemembers in our courts?

• JAGs are not assigned to every command

– SJAs typically assigned to O-6+ commands

– May not have visibility on all legal issues at lower levels

– Other offices may be involved: IG, OLA, etc.

Recurring Issue--Family Support

• Failure to provide service-specific family support MAY result in punitive and adverse administrative action.– Punitive: USA, USMC, USAF– Non-punitive: USN

• Each service has the ability to modify/adjust payment based on the particular facts– Servicemember is victim of domestic violence– Income of complaining spouse exceeds

servicemember’s military pay– Court order silent on financial support (i.e. TRO,

interim order)

U.S. Army

• Source Document: Army Regulation 608-99, “Family Support, Child Custody and Paternity”

• Payments based on BAH-II--the housing allowance without the locality allowance

• Support based on family situation– Civilian spouse/children not in military housing:

BAH-II at the with-dependents rate– Civilian or military spouse/children in military

housing: none

U.S. Army

U.S. Air Force

• Source Document: Air Force Instruction 36-2906, “Personal Financial Responsibility”

• Recently adopted US Army Support Guidelines on Family Support

Examples of Support

• Facts: Servicemember E-6 with 8 years of service married to civilian spouse with 1 minor child living off base near Tacoma.

• USA/USAF: $1,053.60/month

• USMC: $1,302/month

• USN: $2,703.30/month

LAO and their Role with DV

• In addition to providing legal assistance services:

- assist efforts (IAW AR 27-3) to protect victims from further abuse; and,

- serve as a liaison to courts and other civil authorities.

* LAO also assists clients with DV allegations against them.

Repercussions of DV in Military

• Court Martial• Board/Chapter• Federal Court (Civilian aggressor on JBLM)• GOMOR• MPO• Adverse Affects on NCOER/OER• Flag • Qualitative Management Program (QMP) • Family Case Review Committee• Selection to School (i.e. Airborne), Conferences, etc.• Positions of Trust (i.e. Drill Sergeant)• Security Clearance

JBLM DV Services

• Family Advocacy Program

• OSJA Victim Witness Liaison Office

UCMJ Changes Specific to DV

• Article 128b• Effective 1 January 2019• Any person who

– Commits a violence offense against a spouse, an intimate partner, or an immediate family member of that person;

– With intent to threaten or intimidate a spouse, an intimate partner, or an immediate family member of that person• (a) commits an offense under this chapter against any person; or• (b) commits an offense under this chapter against any property,

including an animal

– With intent to threaten or commit a violent offense…violates a protection order

– Assaults a spouse, an intimate partner, or an immediate family member of that person by strangling or suffocating

** Impact? Too soon to speculate but likely consistent with the same challenges the civilian community endures.

JBLM Resources

JBLM Resources

JBLM Resources

The Take

• LA mission focuses on Soldier readiness.

• Demand for LA services exceeds supply of attorneys and subject matter experts.

• Commanders are different—outcomes may vary.

• Service rules are different—outcomes may vary.

• LAO DV services limited.

• New DV UCMJ regulation effective 01 JAN 2019.

• Many resources—coordination is difficult.

And now…

• Your questions.

• Our answers.

Contacts

• McChord Field Legal Assistance Office

– (253) 982-5513

• Fort Lewis Legal Assistance Office

– (253) 477-1873/1875