THE ADVOCATE Official Newsletter from the Office of the Staff Judge Advocate

BRANCH INSIGNIA BRANCH PLAQUE REGIMENTAL INSIGNIA COAT OF ARMS

Puerto Rico Army National Guard Office of the Staff Judge Advocate

this to be your newsletter,

not just ours.

The OSJA fulfills the

mission of the U.S. Army

Judge Advocate Gen-

eral’s Corps in the

PRARNG; To Develop,

employ, and retain One

Team of proactive profes-

sionals, forged by the

warrior ethos, who deliver

principled counsel and

mission‐focused legal

services to the Army and

the Nation.

This newsletter is an-

other step taken in ac-

complishing that mission.

We hope that it meets

with your expectations,

and that it can be of help

to you and your family. So

welcome again, to the

world of The Advocate.

Welcome to

the first issue of our

newsletter, The Advo-

cate. This is the result of

a combined effort by the

Puerto Rico National

Guard Office of the Staff

Judge Advocate (OSJA)

and its members. It is

also the first step in our

initiative to keep our

Guard force informed and

up to date on the latest

information regarding all

legal matters that affect

us.

It is our intent to reach

as many of our soldiers as

possible, so feel free to

share this newsletter with

all you believe will benefit

from it. We hope that this

new tool will become not

just a mere newsletter,

but an interactive asset

between the Office of the

Staff Judge Advocate and

you, Our readers. It will

allow us to address many

of the issues and con-

cerns that many of you

have expressed to our

staff, and give us the op-

portunity to provide you

with not only information,

but the additional tools

and resources to better

prepare yourself when

dealing with legal mat-

ters.

From activation and

deployments, rights and

responsibilities to separa-

tions and retirement, we’ll

cover it all; But this publi-

cation can only be as ef-

fective as your feedback

will permit. We welcome

your comments, ideas

and suggestions. We want

PREMIERE ISSUE!!!

THE QUILL & SWORD

In May 1890, a crossed

quill and sword was origi-

nally adopted for wear by

officers of the Judge Ad-

vocate General's Depart-

ment. The quill represents

the recording of testimony

and the sword the military

character of the Corps.

The wreath is symbolic of

honor. The quill and

sword symbolize the mis-

sion of the Corps, to ad-

vise the Secretary of the

Army and supervise the

system of military justice

throughout the Army. The

motto indicates the anni-

versary of the Corps on

29 July 1775, and has

generally paralleled the

origin and development of

the American system of

military justice.

September 2011

Volume 1, Issue 1

Reduce Interest rates

Delay Court Proceed-

ings or Re-open De-

fault Judgments.

Terminate Leases

and other service

agreements without

penalties

Outstanding Credit

Card Debt

Mortgage Payments

Inside this issue:

From the Fulltime

JAG’s Desk 2

From the Chief Legal

NCO’s Desk 2

What’s the Deal with

Powers of Attorney? 3

The Servicemembers

Civil Relief Act 4

Army Values &

The UCMJ 7

At the Movies:

The Lincoln Lawyer 8

Social Media For

Leaders 8

FROM THE FULLTIME JAG’S DESK — MAJ William E. O’Connor

training records for all assigned

and attached personnel.

-Ensuring logistical support for

all teams in the OSJA, to in-

clude procurement, issue, turn-

in, accountability of equipment,

and preparation for pre-

deployment, deployment, and

redeployment.

-Serving, in conjunction with the

DSJA, as liaison between staff

sections and the OSJA to coor-

dinate field training.

-Revising and updating the

enlisted portion of the SJA’s

Field Standard Operating Proce-

dures (FSOP).

These and many other forms of

training will help our paralegals

not only round out the skills

many already posses, but help

them grow professionally and

become better assets to their

units. This is our commitment

to making ours, the best Na-

tional Guard of our Nation.

Welcome to the first issue of

The Advocate. Many have

asked me how can command-

ers contribute to the military

careers of their Paralegals and

improve their legal skills and

overall readiness.

The fact remains that the major-

ity of our paralegals do not per-

form the jobs they were trained

for, unless they are deployed,

and that needs to change. Too

easy! Make arrangements with

the Chief Paralegal NCO

(CPLNCO) to allow them to per-

form some drills at the OSJA.

According to the Soldier’s Train-

ing Manual for Paralegal Spe-

cialists (27D), published by the

Judge Advocate General’s Legal

Center & School – Training De-

velopments Directorate (TDD)

(April 2011), the CPLNCO is the

senior enlisted soldier in the

Office of the Staff Judge Advo-

cate.

As CPLNCO our duties and re-

sponsibilities regarding training

and operations, include among

others:

-Serving as principle advisor to

the SJA, Commanders, and staff

concerning all Paralegal Spe-

cialists, and coordinator of their

duty assignments

-Ensuring common soldier skill

proficiency for all legal person-

nel, and MOS proficiency.

-Providing technical supervision

of all Paralegal Specialists.

-Reviewing military justice and

administrative documents/files.

-Supervising technical training

of all Paralegal Specialists lo-

cated at subordinate elements

including those deploying as

part of a separate legal section

or Brigade Operational Law

Team (BOLT).

-Ensuring timely legal technical

and automation training, includ-

ing use and care of the Reimer

Digital Library (RDL).

-Assisting Legal Administrators

in monitoring and certifying

Mission or Federal Active Duty

deployments, the law plays an

integral part of the mission.

The OSJA has great expecta-

tions with the publishing of

this newsletter since it will

give our most important cus-

tomer, you, the opportunity of

accessing information or re-

sources that will positively

impact your readiness. This

initiative is the first step on

our goal to improve our strate-

gic communications.

As we speak, we are work-

ing on the development of a

web page and on social media

platforms in order to fully dis-

seminate the information that

you need, when you need it.

Stay tuned, more to come…

conduct of full spectrum op-

erations for the Nation we

serve. One of the ways that

the JAG Corps allows us to do

this is by employing informa-

tion technology to enhance

efficiency and effectiveness of

our business practices.

Our Guard’s 2020 Vision also

calls for the improvement of

strategic communications and

knowledge management by

enhancing public affairs and

information technology to sus-

tain joint operations. The

Advocate is a way to achieve

that objective.

Therefore, the information

that we provide you with this

publication is designed to bet-

ter prepare you to meet the

challenges of being a Guards-

man. Be it a State Active Duty

Welcome to our newest

addition in the OSJA. The

Advocate is part of our ongo-

ing effort in maintaining our

service members aware of the

latest legal developments and

most important issues.

It is our intent to share all the

necessary information in order

to assist you in fulfilling our

Guard’s 2020 Vision; Be the

Premier Organization for the

Americas. As such we strive

to become a force of trained

soldier/airmen ready to pro-

vide ready relevant units in

support of our State and Na-

tional Strategy.

As Judge Advocates it is our

mission to provide you with

proactive legal support in or-

der to enable the successful

FROM THE CHIEF LEGAL NCO’S DESK — SFC Frank Chiroque

Page 2 THE ADVOCATE

-“As Judge

Advocates it is our

mission to provide

you with proactive

legal support in

order to enable the

successful conduct

of full spectrum

operations for the

Nation we serve.”-

-“The fact

remains that the

majority of our

paralegals do not

perform the jobs

they were trained

for, unless they

are deployed, and

that needs to

change.”-

A Power of Attorney (POA) is a

written instrument that allows

you (the "principal") to authorize

your agent (your "attorney-in-

fact") to conduct certain busi-

ness on your behalf. It is one of

the strongest legal documents

that you can give to another per-

son. There are two types of POA;

" g e n e r a l " a n d

"special" (or limited).

A general POA gives

your agent very broad

powers to act on your

behalf; and a special POA

limits your agent's au-

thority to act only on cer-

tain matters. Every act

performed by your agent

within the authority of the

POA is legally binding

upon you. Since a POA is

such a powerful docu-

ment, give it only to a trustworthy

person, and only when absolutely

necessary. Your local legal assis-

tance office can advise you

about, and prepare for you, the

appropriate type of POA needed

for your situation.

GENERAL POWER OF

ATTORNEY

A General POA gives your

agent the authority to do most

things you could do your-

self. Your agent cannot perform

certain actions which require

your personal attention, such as

taking an oath. General POA'S

may not be accepted for the per-

formance of certain acts, such as

cashing Government checks, or

conducting real estate transac-

tions.

SPECIAL (LIMITED)

POWER OF

ATTORNEY

A special, or limited, POA au-

thorizes your agent to do only a

specified act, such as sell your

car, ship your household goods,

or cash your paycheck. A

"special" or "limited" power of

attorney can accomplish almost

any need: access to a particular

bank account; closing on a

house; medical care for your

children; or movement of your

household goods. The special or

limited power of attorney, as its

name implies, restricts the

other individual's action to a

particular purpose which you

have chosen; this is much safer

than giving a general power of

attorney, which grants another

individual almost complete le-

gal power over your personal

and financial affairs.

SPECIAL POWER OF

ATTORNEY TO ACT

"IN LOCO PARENTIS"

This is a common type of

special power of attorney. The

phrase "in loco parentis" means

"in the place of the parent." This

type of special POA grants pa-

rental authority to another

(such as a babysitter) to per-

form a range of functions which

can include picking up a child

from school, buying food and

clothing, and consenting to

medical treatment of the child

in the event of illness or injury.

SPECIAL

CONSIDERATIONS

1. A POA becomes void upon

the death of the principal.

2. A POA normally is void if the

principal becomes physically or

mentally incapacitated. How-

ever, appropriate "durability"

language may be added to the

POA which will ensure that it

remains valid during any period

of incapacity.

3. Any third party has the right to

refuse to accept a POA.

4. A POA should be given for only

a limited time period (such as six

to twelve months during a de-

ployment). A third party is more

likely to accept a POA

with a recent date than

one which is many

months or years old.

5. Many financial institu-

tions and other busi-

nesses have their own

POA'S which they prefer

to be used to conduct

business. It is a good

idea to show your POA to

all known third parties

who may be dealing with

your named attorney-in-

fact to ensure that your POA is

a c c e p t a b l e t o t h e m .

6. Never give a general POA

when a special POA will accom-

plish the mission. There is less

opportunity for abuse when only

limited powers are given.

7. A special POA should be as

specific as possible. For exam-

ple, if you are authorizing an at-

torney-in-fact to sell a vehicle on

your behalf, specify the vehicle,

license number, vehicle identifi-

cation number, the make/

model/year of the vehicle, and

any specific terms you will re-

quire. Your legal assistance attor-

ney can help you tailor the POA

to suit your precise needs.

8. You may revoke a POA before

its expiration date by executing a

revocation of the POA. Notice of

the revocation must be delivered

to the attorney-in-fact, as well as

to all third parties who you know

relied on the POA. If possible,

recover from the attorney-in-fact

and destroy the original and all

copies of the POA. Even though

the POA has been revoked, you

may be responsible to any third

party who did not receive notice

of the revocation.

What’s the Deal with Powers of Attorney?

“Since a

Power Of

Attorney is

such a

powerful

document, give

it only to a

trustworthy

person, and

only when

absolutely

necessary.”

Page 3 Volume 1, Issue 1

Section 1044b of

Title 10, United

States Code, indi-

cates that military

powers of attorney

are to be given

legal effect without

regard to State

Law. However, any

third party has the

right to refuse to

accept a power of

attorney of any

kind.

INTRODUCTION

The Service members Civil

Relief Act (SCRA) was signed

into law in December 2003

and improved and clarified by

the 2004 Veterans Benefits

Improvement Act (VBIA). The

SCRA amends the Soldiers’

and Sailors’ Civil Relief Act

(SSCRA), which was passed

by Congress to provide pro-

tection to persons entering or

called to active

duty in the U.S.

Armed Forces.

The new law

contains many of

the same protec-

tions under the

SSCRA, and

strengthens

many protections

as well.

Reservists and members of

the National Guard (when in

active federal service) are

protected under the SCRA.

Additionally, some of the

SCRA’s protections extend to

the soldier’s family members.

The protection begins on the

date the soldier entered ac-

tive duty service and termi-

nates upon release from ac-

tive duty. However, some

protections under the act

extend for a limited time be-

yond discharge but are tied to

the discharge date.

Termination of

Lease Agreements

1. A service member who is

leasing or renting property

used for dwelling, profes-

sional, business, agricultural

or similar purposes may ter-

minate a lease that was:

(a) signed before the service

member entered active duty,

or

(b) signed while on active

duty and the soldier receives

orders for a permanent

change of station (PCS) or a

deployment of at least 90

days. The termination also

cancels the lease for the ser-

vice member’s spouse and/or

dependants who signed the

lease.

2. The service member must

deliver written notice of termi-

nation to the landlord after

entry on active duty or receipt

of orders for active duty.

“Military orders” are defined

as “official military orders, or

any notification, certification,

or verification from the sol-

dier’s commanding officer

about their military status.

Furthermore, the soldier is

not required to be deployed

“with a military unit” but may

be deployed otherwise, for

example “as an individual in

support of a military opera-

tion.”

The termination date for a

month-to-month lease is 30

days after the first date on

which the next rental payment

is due after the termination

notice is delivered. For exam-

ple, if rent is due on the 1st of

the month and notice is deliv-

ered to the landlord on Au-

gust 5th, the next rent due is

September 1st. Therefore,

the service member must pay

the rent through September

30.

3. For all other lease and

rental agreements, the termi-

nation date will be the last

day of the month after the

month in which the notice

was given. For example, if the

term of the lease or rental agree-

ment is yearly and notice was

given August 5th, then the termi-

nation date will be September

30th.

4. If the rent has been paid in

advance, then the landlord must

return any unearned portion

within 30 days of the termination

date of the lease. The landlord

may not withhold

the refund of a ser-

vice member’s se-

curity deposit for

early termination of

the lease or rental

agreement. How-

ever, the landlord

may withhold return

of the security de-

posit for damages,

repairs, and other

lawful provisions of

the lease/rental agreement.

Evictions From Leased

Housing

1. A landlord may not evict a

service member without a court

order, so long as rent does not

exceed $2,465 per month and

the premises are occupied pri-

marily as a residence.

If the service member’s military

service “materially affects” his or

her ability to pay, the court must

“stay” (put on hold) the proceed-

ings for 90 days if the service

member submits a request to

the court for protection under the

SCRA.

2. A proper request should ex-

plain how the service member’s

military service “materially af-

fects” his or her ability to pay

rent. For instance, if a service

member is deployed, a court

would likely find that his or her

deployed status “materially af-

fects” his or her ability to pay

rent.

>>>

The Servicemembers Civil Relief Act “Reservists and

members of the

National Guard

(when in active

federal service) are

protected under the

SCRA. Additionally,

some of the SCRA’s

protections extend to

the soldier’s family

members.”

Page 4 THE ADVOCATE

Cell phone service con-

tracts can be sus-

pended or cancelled

under the protections

of the SCRA, without

penalties, as long as

the contract is in the

service member’s

name.

6% Interest Rate.

1. The SCRA allows a service

member to have his or her in-

terest rate on pre-service debts

capped at 6%.

2. The 6% interest rate cap

only applies to debts incurred

before the service member

entered active duty. Examples

of such debts are loans, mort-

gages, credit cards, etc. For

example, if a person received

an 8% loan for a car he bought

on 1 February 2003 and

enlisted in the Army on 1 No-

vember 2004, the soldier’s

interest rate on the car loan

must be lowered from 8% to 6%

for the duration of the soldier’s

military obligation. The differ-

ence between the 6% and 8%

is forgiven.

Qualifying debts

(a) Debts that were incurred

prior to the service member

entering active duty.

(b) The service member must

be on active duty at the time of

the request.

(c) This provision does not ap-

ply to federally guaranteed stu-

dent loans.

3. How to implement the 6%

cap.

The service member should:

(a) Write a certified letter ad-

vising the creditor of his/her

deployment and ask for a re-

duction in the interest rate to

6% according to the terms of

the SCRA.

(b) The letter must state that

the service member’s service

on active duty has had a mate-

rial effect on his/her ability to

pay.

(c) The service member should

include a copy of his/her orders

to active duty.

(d) The letter to the creditor

should also request written

confirmation from the creditor

that the interest rate has been

reduced.

e) The service member

should always keep a copy of

the letter for possible proof at

a later date in court.

The creditor is required to:

a) Reduce the interest rate on

the date the service member

enters active duty according

to his/her orders.

b) Reduce the monthly pay-

ments on the debt to reflect

the reduction of the interest

rate.

**Be advised: The creditor

can challenge the reduced

interest rate in court if it can

show that the service mem-

ber’s military service has not

“materially affected” his or her

ability to pay.

Delay (Stay)

of Court Proceedings /

Re-opening Default

Judgments

1. A service member who is

the defendant or plaintiff in a

civil lawsuit may request a

stay, or postponement, of a

court proceeding for at least

90 days at any point in the

proceedings.

2. In order to obtain a stay of

proceedings, a service mem-

ber must actually be the de-

fendant or plaintiff in a civil

lawsuit, suit for paternity, child

custody suit, bankruptcy

debtor/creditor meeting, and/

or administrative proceedings.

3. This provision does not

apply to:

(a) Criminal proceedings,

(b) Proceedings in which the

service member is merely a

material witness to the law-

suit, but not an actual party,

or

(c) Situations in which the

service member has leave

available, but has made no

attempt to use that leave to

attend the proceedings.

4. What a Service member

must do to stay the proceed-

ings:

If the service member has

notice of the proceedings,

he or she must send written

notice to the court or admin-

istrative body stating that:

(a) the service member’s

military service “materially

affects” his or her ability to

appear at the proceeding;

and

(b) a date when the service

member will be able to ap-

pear.

The service member must

also have his or her com-

mander write a letter to the

court and the opposing

party’s attorney stating that:

(a) the service member’s

military service prevents him

or her from attending the

proceeding; and

(b) the service member’s

military duty does not allow

him or her to use leave to

attend the proceedings.

An attorney from the Legal

Assistance Office can help

the soldier draft such a let-

ter. The soldier, however,

must sign the letter and is

responsible for sending the

written notice and military

orders to the court or admin-

istrative body.

5. Default Judgments

A default judgment is a court

order or judgment where the

service member did not ap-

pear in court to defend him

or herself. If the service

member had no notice of a

civil proceeding and a de-

fault judgment is entered

against him or her, the >>>

“The SCRA

allows a

service

member to

have his or her

interest rate on

pre-service

debts capped

at 6%.”

Page 5 Volume 1, Issue 1

As of 2008, the reduction to 6%

interest on all mortgages under

the SCRA, is extended for one

year after release from active

duty.

Service member may request

the court to set aside and re-

open that judgment. The ser-

vice member must apply to the

court stating:

(1) his or her military service

“materially affected” the service

member’s ability to defend him

or herself in the case, and

(2) that the service member has

a legal defense to the action.

The application must be made

while he or she is still on active

duty or within 90 days of re-

lease from military service.

Additionally, the default judg-

ment must have been issued

while the service member was

on active duty or within 60 days

of release from military service.

“Judgment” includes any civil or

administrative judgment, de-

cree, order, or ruling, final or

temporary. Items such as child

support orders, restraining or-

ders, or divorce decrees can be

reopened and defended if the

soldier was unable to attend the

hearing or they did not receive

notice that the hearing was

taking place.

Installment Contracts

and Self Help

An installment contract is an

agreement in which the obliga-

tion of one of the parties to the

contract is delivered or per-

formed into a series of succes-

sive performances (i.e., car pay-

ments). A service member may

request protection from credi-

tors under the SCRA for install-

ment contracts incurred before

entry into military service. The

service member must prove:

1. That his/her military obliga-

tions have materially affected

his/her ability to pay on the

debts.

2. The service member must

have made at least 1 deposit or

installment payment on the

contract before entry on active

duty.

If the court should determine the

contract falls under the protec-

tion of the SCRA, the creditor is

thereafter prohibited from exer-

cising any right or option under

the contract, such as the right to

rescind or terminate the contract

or to repossess the property,

unless authorized by a court

order.

Auto Leases

A service member may terminate

an automobile lease under the

SCRA if he or she entered into

the lease before entering military

service. Additionally, service

members may terminate auto-

mobile leases any time after

receiving PCS orders for a de-

ployment for at least 180 days

from:

(1) a location in the continental

United States (48 states and

Washington D.C.) to a location

outside the continental United

States or

(2) from a location in a State

outside the continental United

States to any location outside

that state.

The service member must do the

following to effectively terminate

his or her automobile lease:

(1) provide the lease company

written notice of termination of

the lease under the SCRA and a

copy of his or her orders; and

(2) return the automobile within

15 days after the date of the

written notice.

The effective termination date of

the automobile lease is the date

the service member has both

provided written notice and a

copy of his or her orders, and

returned the automobile.

The termination also cancels the

lease for the service member’s

spouse and/or dependants who

signed the lease.

State Income Tax

Under the SCRA, states cannot

use the military income of the

service member who is not a

resident of the state to deter-

mine the tax rate for non-

military income. This means

that if a soldier is stationed at

Fort Hood, but is not a resident

of Texas, and his wife is work-

ing in the state, Texas cannot

consider the soldier’s military

income when determining the

tax bracket of the soldier’s

spouse.

Enforcement of

Obligations, Liabili-

ties, Taxes

A service member may, at any

time during his/her military

service, or within 180 days

thereafter, apply to a court for

relief of any obligation or liabil-

ity incurred by the service

member prior to active duty.

Additionally, the service mem-

ber may apply to the court for

relief from any tax or assess-

ment that was due before or

during his or her active military

service. One form of relief the

court may grant is a stay or

postponement of enforcement

during which time no fine or

penalty can accrue.

Waiver of SCRA rights

Any waiver of SCRA rights must

be in a separate document

from all other paperwork and

in at least 12 point font. Sol-

diers should strongly consider

bringing any proposed waiver

of SCRA rights documentation

to a Legal Assistance Attorney

for review before signing any-

thing.

*** If you think that you have

rights under the SCRA that may

have been violated, or that you

are entitled to be shielded from

a legal proceeding or financial

obligation by the SCRA protec-

tions, you should discuss the

matter with a legal assistance

attorney or a civilian lawyer as soon as possible. ***

Page 6 THE ADVOCATE

The universal val-

ues of loyalty, duty,

respect, selfless

service, honor, in-

tegrity, and per-

sonal courage that

enable you to see

what is right or

wrong in any situa-

tion and make deci-

sions based on

those values

The Army has always had values,

dating back to Baron Von Steu-

ben at Valley Forge in 1778

when he established those attrib-

utes and traits that an NCO

should have. These values apply

to every soldier who wears the

uniform. As Soldiers we enter the

Army with personal values devel-

oped and nurtured over many

years of personal experience. By

taking an oath to serve, one also

agrees to live and act by a new

set of values - Army Values.

These Values consist of the prin-

ciples, standards, and qualities

considered essential for success-

ful leaders. They are fundamen-

tal to helping Soldiers make the

right decision in any situation.

Loyalty, Duty, Respect, Selfless

service, Honor, Integrity, and

Personal courage - To bear true

faith and allegiance to the U.S.

Constitution, the Army, your unit,

and other soldiers; Fulfill your

obligations; Treat people as they

should be treated; Put the wel-

fare of the Nation, the Army, and

your subordinates before your

own; Live up to all the Army Val-

ues; Do what’s right, legally and

morally; And face fear, danger, or

adversity both physical or moral.

Field Manual 6-22 (Army Lead-

ership) states that –“The Army

Values firmly bind all Army mem-

bers into a fellowship dedicated

to serve the Nation and the

Army. They apply to everyone, in

every situation, anywhere in the

Army. The trust Soldiers and civil-

ians have for each other and the

trust of the American people, all

depend on how well a Soldier

embodies the Army Values.”-

The Uniform Code of Military

Justice is a federal law, found in

Title 10 United States Code,

Chapter 47 and implemented by

the Manual for Courts-Martial, an

executive order issued by the

President of the United States in

his capacity as Commander in

Chief of the United States armed

forces. The UCMJ is the founda-

tion of military law in the United

States. It applies to all members

of the armed services. Members

of the military Reserve Compo-

nents including soldiers and air-

men in the National Guard of the

United States are subject to the

UCMJ when activated in a Federal

capacity under Title 10.

It is our duty to abide by law

and regulation, 24 hours a day,

seven days a week, for as long as

we’re in the Army. The UCMJ gives

us judicial authority, which is es-

sential to the Army’s ability to ac-

complish its mission. The UCMJ is

the statute that defines criminal

offenses for soldiers, which along

with our Army values form a sys-

tem of belief and behavior of what

is proper conduct for a soldier of

the US Army.

The UCMJ defines crimes that

are the same as those in civilian

courts, such as murder, rape, and

robbery. It also includes violations

of order and discipline exclusive

to the military, such as disobedi-

ence to a superior officer, drunk-

enness on duty, absent without

leave and even adultery.

Similarly to civilian rule of law,

soldiers have rights under the

UCMJ. In some ways, the UCMJ

provides far greater protections

than under civilian jurisdiction,

including for example: The right to

remain silent; the right to counsel;

the right to demand trial; under

Article 15, the right to present his/

her case, in the presence of the

imposing commander; the right to

call witnesses (if they are reasona-

bly available); the right to present

evidence; the right to request a

spokesperson (but not an attorney

at the hearing); the right to re-

quest an open hearing; and the

right to examine all evidence.

Our courts-martial system does

not exempt a soldier from trial by

the civil authorities, but it can be,

and often is, used in place of civil

courts for all offenses committed

by a service member, even if the

act is committed off-base and

while off-duty.

The Manual for

Courts-Martial

(MCM) contains the

Uniform Code of

Military Justice and

instructs military

lawyers, known as

judge advocates,

and judges on how

to conduct courts-

martial. It is also

where non judicial

punishment, com-

monly known as

Article 15, is found.

There are a total of 140 articles in

the MCM. It explains what conduct

is in violation of the UCMJ, sets

forth rules of evidence, contains a

list of maximum punishments for

each offense and explains types of

court-martials.

Hence, the link between Army

Values and the UCMJ is unavoid-

able. Army doctrine states that

military discipline is founded upon

self-discipline, respect for authority,

and the embracing of the profes-

sional Army ethic with its support-

ing individual values. Military disci-

pline is developed through individ-

ual and group training to create a

mental attitude that will result in

proper conduct and prompt obedi-

ence to lawful military authority.

Soldiers demonstrate their disci-

pline in many ways, including the

prompt and correct execution of

orders and compliance with regula-

tions.

Everything we do or fail to do,

every decision we make, whether

on duty or off duty is based on a

set of values. Our attitudes, behav-

iors and beliefs are based on a set

of values that are all interrelated

and affect each other. Our values

determine our outward display of

behavior. Although the majority of

Soldiers embrace and live by these

Values, there are a few who do not.

Those who engage in actions incon-

sistent with Army Values weaken

our Army and these actions cannot

be tolerated. We must work as a

team to minimize the number of

incidents that conflict with the

Army Values and discredit our ser-

vice.

ARMY VALUES & THE UCMJ - SGT Javier Fontánez, Legal NCO

The MCM is an Executive

Order issued by the Presi-

dent of the United States

Page 7 Volume 1, Issue 1

-“Discipline is

the soul of an

army. It makes

small numbers

formidable;

procures

success to the

weak, and

esteem to all.”-

George Washington

Page 8

100 General Esteves Street

San Juan, Puerto Rico 00901-1400

Phone: 787-289-1400 Ext. 1030

Fax: 787-289-1431

PUERTO RICO NATIONAL GUARD

OFFICE OF THE STAFF JUDGE ADVOCATE

If the leader is using

social media as a way to

receive command and

unit information along

with installation updates,

then following members

in a leader’s command is

appropriate. But if the

leader is using social

media as a way to keep

in touch with family and

friends, it may not make

sense to follow people in

the leader’s chain of

command.

LEADER CONDUCT

ONLINE

When in a position of

leadership, conduct

online should be profes-

sional. By using social

media, leaders are es-

sentially providing a per-

manent record of what

they say, so, if you

wouldn’t say it in front of

a formation, don’t say it

online. If a leader comes

across evidence of a

Soldier violating com-

mand policy or the UCMJ

on social media plat-

forms, then that leader

should respond in the

same manner they would

if they witnessed the

Social media has im-

proved the way we con-

nect and communicate

as a culture, but it pre-

sents some interesting

dilemmas for Army lead-

ers.

ONLINE RELATIONSHIPS

Social media is about

connecting, so it’s only

natural that Army lead-

ers may interact and

function in the same

social media spaces as

their subordinates.

How they connect and

interact with their subor-

dinates online is up to

their discretion, but it is

advised that the online

relationship function in

the same manner as the

professional relationship.

SHOULD SOLDIERS

“FOLLOW” THOSE IN

THEIR COMMAND?

This is also left to the

discretion of the Army

leader. Ultimately, it de-

pends on how that

leader uses social me-

dia.

infraction in any other

environment.

SELF PROMOTION

Using rank, job, and/

or responsibilities in or-

der to promote oneself

online for personal or

financial gain is not ap-

propriate. Such actions

can damage the image

of the Army and an indi-

vidual command.

PAID SUBMISSIONS

Treat requests from

nongovernmental blogs

for a blog post as a me-

dia request and coordi-

nate with your public

affairs officer. It is

against Army regulations

to accept compensation

for such posts.

POLITICAL DISCOURSE

Everything a leader

says and does is more

visible and taken more

seriously.

Leaders have a greater

responsibility to speak

respectfully and intelli-

gently about issues they

don’t intend to reflect on

a command or the Army.

SOCIAL MEDIA STANDARDS FOR ARMY LEADERS From the U.S. Army Social Media Handbook (January 2011)

-“Social media is another set of tools

that helps us spread the Army message

faster than ever. These tools not only

help us to respond to a 24-hour news

cycle, but also help us lead

conversations and participate in the

stories. By reaching out to the online

community, we're able to be where more

and more people get their news, and by

doing so, we're better serving our

warfighters.”-

MG Stephen R. Lanza

Chief of Public Affairs

The new US Army Social Media Hand-

book provides a one-stop-shop of

information for soldiers, officers, and

their families.

Criminal defense at-

torney Mickey Haller

(McConaughey) operates

around Los Angeles

County out of a Lincoln

Town Car. Haller has

spent most of his career

defending garden-variety

criminals, including a

member of a local biker

gang, until he lands the

case of his career: Louis

Roulet (Ryan Phillippe), a

Beverly Hills playboy and

son of real estate mogul

Mary Windsor (Frances

Fisher), is accused of the

brutal beating of a pros-

titute.

Haller thinks Roulet is

innocent, having simply

been at the wrong place

at the wrong time. Haller

and his investigator

Frank Levin (Macy) ana-

lyze the pictures and

evidence, notably the

injuries the victim sus-

tained. It bears a similar-

ity to a past case of Hal-

ler's that landed a previ-

ous client, Jesus Marti-

nez (Michael Peña), in

prison for life for murder-

ing a woman, despite

always proclaiming his

innocence.

THE ADVOCATE

***The materials and information on this newsletter are made available by the PRNG OSJA for informational purposes only. It does not

constitute legal advice. This newsletter is not intended as advertising and it does not create an attorney-client relationship. Persons

reading the information on this newsletter should not act upon the information provided without seeking professional legal counsel.***