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Staff Judge Advocate : Types of cases

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Types of cases:

Honor and Other USCC Matters:

The West Point Legal Assistance Office assists Cadets and Soldiers with Honor matters and other issues unique to USCC, to include Article 10s under USCC Regulation 351-1 and 351-2. For more information regarding Honor matters please click on this link: Honor.

Family Law:

Divorce, annulments, legal separations, financial nonsupport, child custody and visitation, and paternity cases.

Cases regarding financial support, court orders, child custody and visitation, and paternity under Army Regulation 608-99.  

Estates:

Wills, testamentary trusts for the benefit of minors, guardianships, and designation of beneficiaries under life insurance policies. 

Probating wills and settling estates.

Health Care and End of Life:

Advance Medical Directives, Living Wills, Health Care Directives, Health Care Proxies, Health Care Power of Attorney, and Do Not Resuscitate (DNR) Orders.  

Real Property:

Landlord-tenant issues and disputes involving a client's principal residence.

Termination of a lease or contract under the Soldiers' and Sailors' Civil Relief Act (SSCRA). 

Purchase, sale, or rental of a residence or other real property (legal assistance is limited to non-business activities for these cases). 

Personal Property:

All legal matters relating to the purchase, contract, chattel mortgage, security agreement, warranties, cancellations, and other consumer affairs of personal property.

Economic:

Bankruptcy, garnishment orders, involuntary allotments, debts, banking issues, credit card issues, property insurance problems, and non-government claims.

Reemployment under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) and comparable State statutes.   

Civilian Administrative:

Name change, immigration, naturalization, welfare assistance, and other administrative or quasi-judicial matters.

Military Matters:

Line of duty investigations, financial liability investigation of property loss (FLIPL) or reports of survey, officer evaluation reports (OERs), noncommissioned officer evaluation reports (NCOERs), relief for cause reviews, memoranda of reprimand, Article 138 complaints, Inspector General investigations, 15-6 investigations, commanders investigations, hardship discharges, compassionate reassignments, unqualified resignations due to pregnancy, resignations in lieu of discharge due to failure to meet requirements under AR 635-120, correction of military records, and certain Cadet administrative matters (Honor, Article 10, and others).    

Torts:

For tort cases, legal assistance is limited to invoking protections afforded under the SSCRA and counseling in retaining a civilian attorney. 

For tort cases arising from acts or omissions within the scope of a Servicemember's official duties, such cases will be referred to the legal Claims section.   

Taxes:

Real and personal property tax issues, preparation of Federal and State income tax returns, review of prior year tax returns, amending prior year tax returns, assistance with tax assessments, estate, inheritance, and gift tax matters, electronic filing of income taxes, and certain tax appeals. 

Note: Tax assistance on private business activities is outside the scope of legal assistance.  

 

Legal Assistance cannot assist with the following categories of cases:

    • Military justice matters.
    • Private business activities.
    • Civil litigation against the United States.
    • Employment matters, except those involving enforcement of USERRA. 

Army Regulation 27-3, The Army Legal Assistance Program