premobilization legal issues 43d mp bde. important issues l getting wills and powers of attorney in...
TRANSCRIPT
IMPORTANT ISSUES Getting Wills and Powers of Attorney in order Dependent Support Protection under the Soldier’s and Sailor’s Civil
Relief Act (SSCRA) Reemployment Rights (USERRA) Code of Conduct What to do if detained Law of War Rules of Engagement (ROE)
WILLS
Controls what happens to your property if you die
Does NOT control life insurance Can designate a guardian for minor
children OR their money (life insurance included)
Recommended if you have property or children
POWERS OF ATTORNEY Documents that let another person act
on your behalf as “attorney in fact” 2 kinds; General (can do anything) and
special (can do only specific things) Durable Power of Attorney YOU ARE RESPONSIBLE FOR ALL
THAT IS DONE WITH THE POWER OF ATTORNEY
SGLI
No more “by law” or “by will” designations
Ways exist to designate who controls it for minors (to trustee designated in will)
DO NOT LEAVE IT TO SOMEONE BECAUSE YOU “KNOW” THEY WILL USE IT FOR YOUR CHILDREN!!!!
DEPENDENT SUPPORT
Soldiers must support dependents adequately, AR 608-99
Almost always, the amount of BAQ “with” for your grade is an absolute Minimum
Make sure your spouse can get to the money--joint bank accounts or allotment
SOLDIER’S AND SAILOR’S CIVIL RELIEF ACT
May provide financial relief for soldiers going on active duty
Can help legal issues from blowing up while you are away
Not a “cure-all” - Use it carefully and with help from a legal assistance attorney
FINANCIAL RELIEF AVAILABLE UNDER THE SSCRA
Can terminate a lease or prevent eviction Can be used to reduce interest rates to 6% (includes
credit cards) Can be used to avoid repossession without a court
order However, military service must result in a change of
circumstances making payment more difficult --”material effect” test
DOES NOT APPLY TO POST-SERVICE BILLS!!!
SSCRA AND CIVIL COURT PROCEEDINGS
If your military service has a “material effect” on your legal situation you may...– Ask for your proceedings to be “stayed”
• Applies to Plaintiff and Defendant (civil cases)• Mil Ser prevents appearance and actual harm
– If default judgment occurs during deployment you may be able to ask that it be reopened
• Must do it within 90 days of AD
HEALTH COVERAGE
SSCRA covers non-employer sponsored health care
Can terminate your health care and use military for yourself and family
Can pick up your previous policy without a waiting period
Does not cover VA disability
TAXES
Domicile not the state assigned to Bosinia, Herzegovina, Croatia and
Macedonia are Hazardous duty areas Enlisted pay is not subject to tax Officer pay new cap is “maximum amount
of enlisted pay” instead of the $500 limit (PL 104-117)
Filing
THE UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT
RIGHTS ACT Must give prior notice of military service to
civilian employer unless a military necessity exists
Service cannot exceed 5 years per employer Must terminate under “honorable conditions” Must return in a timely manner
– 30 days - 8 hours + travel– 31 to 180 - 14 days– 181 or more - 90 days
PROTECTIONS AFFORDED BY USEERA
Prompt reinstatement In same status (if less than 90 days
same job), plus seniority Other benefits given to employees who
are on furlough or nonmilitary leave Assistance and enforcement - Veterans’
Employment and Training Service (VETS) 1-800-442-2838
CODE OF CONDUCT
Presidential Executive Order 10631 Applies to all members of the U.S.
Armed forces All combatant activities resulting in US
force captivity All terrorist activity resulting in US force
captivity
ARTICLE I
I am an American fighting in the forces which guard my country and our way of life. I am prepared to give my life in their defense.
ARTICLE II
I will never surrender of my own free will. If I am in command, I will never surrender the members of my command while they still have the means to resist.
ARTICLE III
If I am captured, I will continue to resist by all means available. I will make every effort to escape and aid others to escape. I will accept neither parole nor special favors from the enemy.
ARTICLE IV
If I become a prisoner of war, I will keep faith with my fellow prisoners. I will give no information or take part in an action which might be harmful to my comrades. If I am senior, I will take command. If not, I will obey the lawful orders of those appointed over me and will back them up in every way.
ARTICLE V
When questioned, should I become a prisoner of war, I am required to give name, rank, service number, and date of birth. I will evade answering further questions to the best of my ability. I will make no statements disloyal to my country or its allies or harmful to their cause.
IF YOU ARE ILLEGALLY DETAINED Do not act as a combatant during evasion
attempts You hove no obligations to physically resist Request immediate release, and to see a U.S.
Government or NATO representative You may explain circumstances leading to
detention Do not refuse to accept release unless release
would be harmful to US or NATO mission
WHERE DOES LAW OF WAR COME FROM
Tradition and custom Hague Convention -- Weapons and
Warfighting Geneva Conventions -- POWs and
Noncombatants
LAW OF WAR IS NOT THE SAME AS ROE
Rules of engagement are specific to an operation
Law of war is only one component
WHY FOLLOW THE LAW OF WAR?
The right thing to do morally Violations can increase enemy resistance Compliance can secure enemy
compliance Public opinion IT’S THE LAW!!!War crime tribunals --
UCMJ
BASIC PRINCIPALS OF THE LAW OF WAR
MILITARY NECESSITY -- If not required for the mission, do not kill or destroy
PREVENTION OF UNNECESSARY SUFFERING -- Causing suffering for its own sake is unjustifiable; collateral damage must be minimized
PROPORTIONALITY -- Use of force must be an an appropriate level -- balancing test
MILITARY NECESSITY AND LAWFUL TARGETING
All combatants and objects which by their nature, location, and purpose or use make an effective contribution to military action
For Example: Military objectives, enemy personnel, defended places
UNLAWFUL TARGETS AND PROTECTED PERSONS
Non-combatants Wounded and sick not in combat POWs and detainees Medical personnel Chaplains Persons attempting to surrender Truce flag delegations
PROTECTED PLACES
Undefended buildings not subject to military use
Places of worship unless used militarily Medical treatment areas Historical and cultural sites Places marked with protective symbols
unless used inappropriately
USE OF WEAPONS
If it is an issued weapon with issued ammunition, its authorized
If the weapon or ammunition is altered, it may become illegal.
If not used proportionately, it may be misuse
TRICKS AND RUSES
Are legal if they are not based on law of war violations
Use of protective markings
TREATMENT OF CAPTIVES AND DETAINEES
Treat all captives and detainees humanely Don’t try to figure out who is entitled to POW
treatment -- let higher command figure it out later
Allow enemy soldier to surrender and retain protective equipment
Safeguard all captives and care for sick/wounded
CRUNCH TIME
If you receive what you think might be an illegal order, QUESTION IT!!!
If your concerns are not resolved, go to higher level of leadership
You disobey order at your own peril, but Do you really want to be before an international court.
UNIFORM CODE OF MILITARY JUSTICE
Applies to you 24 hours a day during active duty, IDT, or AT
Shipping of contraband has resulted in prosecutions
Reservist can be held on active duty for court-martial
RULES OF ENGAGEMENT
Peace Enforcement Operations Self - Defense Use of Force for Other Purposes Loading of Weapons Challenge Procedures Use of Deadly Force Requirement to Use Proportional Force Other Command Guidance
SELF DEFENSE
You have the right to use necessary minimum force, including deadly force, to defend yourself from hostile acts and hostile intent.
PEACE ENFORCEMENT OPERATIONS
Your mission is to implement the peace plan The US is not at war You will be authorized to use force only as
necessary, and in keeping with the rules of engagement
Rules of engagement are subject to change from higher HQ; cannot be changed without coordination with higher HQ
USE OF FORCE FOR OTHER PURPOSES
Defend friendly forces, persons with protected status, and protected property against hostile acts or hostile intent
Defend against intrusion into command-designated, restricted areas
Defend against hostile forces that prevent NATO forces carrying out their duties
Disarm individuals (on-scene CDR must dir) Perform authorized, directed military actions
OTHER ROE STANDARDS Loading of Weapons Challenge Procedures Use of Deadly force
– Hostile Act– Hostile Intent
How Force is Used– Force Required - Minimize collateral
damage
OTHER GUIDANCE
Who you can stop, search and detain Force cannot be used to punish Treat all with respect and dignity Respect social and religious customs Show no favoritism toward any group Show courtesy
OTHER GUIDANCE (CONT’D)
Do not take private property without your commander’s permission
Looting or taking of “war trophies” found or taken from others are prohibited
Black marketing of goods is prohibited Prevent and report any suspected crime
committed under the law of armed conflict (“war crime”)