SJA Legal Assistance Portal
U. S. Army Judge Advocate General's Military Legal Information Portal
Visit the U.S. Army Judge Advocate General's Corps Legal Information Portal. This website is a resource designed to educate and inform military members on their personal legal affairs. Information contained on this site is not legal advice. Military members seeking legal advice should consult the staff of the nearest installation legal assistance office. Reference on this site to public or private resources is not an endorsement of such resources by the Department of Defense, Department of the Army, or Office of The Judge Advocate General.
Administrative Law
Administrative Law
1520 Freedman Drive, Suite 136
Fort Detrick, MD 21702
Phone: (301) 619-2280 / TEAMS (520) 684-6131
DSN: 343-2280
Mon-Fri: 7:30 a.m.-4:30 p.m.
The Fort Detrick Office of the Staff Judge Advocate provides legal advice and written opinions to commanders and staff members on a wide variety of issues. This advice involves questions pertaining to the official operation of military organizations on Fort Detrick and under the U.S. Army Medical Research and Materiel Command.
The broad legal categories include environmental law, commercial solicitation, fundraising, interaction with private organizations, imposition of administrative sanctions, and entitlements of access to Army Community Services. These services are available to the Army units under the control of the Commanding General, USAMRMC & Fort Detrick, and other military organizations, if addressed by an interagency support agreement.
Administrative Law Topic/Reference Index [PDF]
Designation of Soldiers as Not Deployable Due to "Legal Processing" (LP) on Monthly Unit Status Reports (USR)
12 August 2003
1. Purpose. To provide guidance regarding the deployment availability of soldiers pending legal action.
2. Law. Army Regulation (AR) 220-1 sets forth Army policy regarding a soldier's availability for deployment, as reported on the unit status report (USR). In particular, AR 220-1, table D-1, outlines when a soldier must be carried as unavailable due to legal processing ("LP") and when a soldier may be carried as LP.
3. Reporting a Soldier in the "LP" Category.
1. Soldiers that Must be Carried as LP. Only soldiers who are under arrest or in confinement must be carried as "LP."
2. Soldiers that May be Carried as LP. A soldier may be carried as LP when:
1. Under investigation by a military, civil, or criminal investigation activity;
2. Pending administrative/legal discharge or separation; or
3. Pending military or civil court action.
4. Consult with the Office of the Staff Judge Advocate (OSJA) and Use Commander's Discretion in Determining Who Should be Carried as "LP".
1. The categories requiring when a soldier may be non-deployable due to legal processing (under investigation, pending administrative discharge, pending civil or military trial) are extremely broad.
2. Commanders have discretion in determining who is and is not deployable due to legal processing (just as commanders have discretion in determining who should and should not be administratively separated).
3. Consult with the OSJA to make this determination in accordance with Note 1, Table D-1, AR 220-1. After consulting with the OSJA, a commander may conclude that pending legal action does not preclude a soldier from deploying.
5. Factors to Consider. The decision of who is deployable or not due to "legal processing" usually requires an individualized determination of each case.
1. Seriousness of the alleged misconduct or separation action. Soldiers pending article 15 proceedings are usually deployable. Soldiers pending separation for PT failures or overweight, for example, may still be deployable, while soldiers pending separation for serious acts of misconduct may not be. Soldiers pending civil trial or court-martial for serious felonies are ordinarily not deployable.
2. Soldier's MOS and importance to the mission. If a soldier is in a shortage MOS, that fact mitigates in favor of designating him or her as deployable, if the underlying legal processing is not so serious.
6. Do not double-count legal non-deployables. Soldiers who are AWOL (AW) or pending administrative separation for family care plans (FP), conscientious objectors (CO), Lautenberg Amendment (LA), or parenthood (PH) have specific separate codes and should not be counted as "LPs."
7. Point of contact for the OSJA trial counsel is (301) 619-3936.
Claims
Claims
Phone: (301) 619-2221
1520 Freedman Drive, Suite 136
Fort Detrick, MD 21702
Mon-Wed and Fri: 8 - 11 a.m.- 1- 4:00 p.m.
Thurs: 1-4 p.m.
The Office of the Staff Judge Advocate (OSJA) operates the Fort Detrick Claims Office. Army Regulation 27-20 controls the claims program for the US Army. The Claims Office is a claims processing office for the Fort Meade Area Claims Office. As such it has limited jurisdiction. It only processes Affirmative Claims, Article 139 UCMJ claims, and Torts Claims under the Federal Torts Claims Act. Claims for personal property loss or damages are centrally processed.
Personal Property Claims.
Personal Property Claims such as those relating to PCS moves are not being made at the Fort Detrick’s legal office. These claims are made by submitting an online Notification of Loss and Damage after Delivery form in the Defense Personal Property System, or DPS. DPS is the portal where personnel using the military PCS move transportation system originally scheduled their individual household goods move. POC for PCS-related personal property claims are the local Transportation Office, the claimant’s Transportation Service Provider (TSP), or your service branch military claims service (for Army personnel it is the Center for Personnel Claims Support (CPCS) at Fort Knox, (502) 626-3000).
Tort Claims under the Federal Torts Claims Act (FTCA), 28 USC § 2672.
These cases include process of claims or actions arising from injury or loss of property or personal injury or death caused by the negligent or wrongful act or omission of any employee or the agency while acting within the scope of office or employment.
Affirmative Claims.
Affirmative claims include medical care recovery and property damage claims filed by the government against a third-party for the recovery of government expenses. For example, if a service member or family member was injured in a motor vehicle accident and the government provided medical care, or TRICARE paid for medical care, the claims office will seek to recover the cost of the medical care (and lost wages of the service member) from the person/agency responsible for the accident.
Types of Affirmative Claims include:
Medical Affirmative Claims: The Federal Medical Care Recovery Act (FMCRA), 42 USC §2651-53, authorizes recovery from a third person of the expenses for medical care the government furnishes to a person who is injured due to that third person’s acts. The United States has an independent cause of action against the third party.
Property Damage Affirmative Claims: Liability for the loss of or damage to United States government property is set forth in the provisions of the Federal Claims Collection Act, 31 USC §3711. A claim may be made against the person who damaged government property or his or her insurance.
Article 139 Claims.
Can be filed at the Fort Detrick’s Legal Office. Article 139 of the Uniform Code of Military Justice (UCMJ) allows commanders to investigate allegations of a wrongful taking or willful damage to property by Soldiers. In some circumstances, the Article 139 claims process allows a commander to direct the Finance Office to pay a victim from the wrongdoer’s pay.
Ethics
Ethics
1520 Freedman Drive, Suite 136
Fort Detrick, MD 21702
Mon-Fri: 7:30 a.m.-4:30 p.m.
Phone: (301) 619-2263 / TEAMS (520) 684-6074
The Ethics Counselor provides advice and opinions to Headquarters Command, Staff, and civilian government employees regarding all aspects of ethics, procurement integrity, post-employment restrictions, and employment outside the government, questions regarding gifts and travel, and conducts extensive annual ethics training. The Ethics Counselor can be reached at (301) 619-2263.
Ethics Library
Filing the OGE Form 450, Confidential Financial Disclosure Form
All OGE 450 filings must be done via the on-line filing system. FDM 450 may be accessed at https://www.fdm.army.mil. A filer e-signs his or her report using the Common Access Card (CAC). FDM 450 requires advance registration of filers and supervisors. All filers and supervisors should contact the ethics counselor at (301) 619-6598 for registration instructions, if not already registered in the system.
Please note that supervisors have a responsibility to determine which of their subordinates must file a report. Consult the guidance below in the Ethics Library on who should file the OGE Form 450. Submissions must receive supervisor review and e-signature prior to being forwarded, through the on-line system, to the Ethics Counselor of the Office of the Staff Judge Advocate.
The period covered by the form is 1 January through 31 December. For further information contact the Office of the Staff Judge Advocate, Ethics Counselor at (301) 619-6598.
The Ethics Counselor provides advice and opinions to Headquarters Command, Staff, and civilian government employees regarding all aspects of ethics, procurement integrity, post-employment restrictions, and employment outside the government, questions regarding gifts and travel, and conducts extensive annual ethics training.
Contact the ethics counselor, Attorney Gary Zolyak, at (301) 619-2263 for registration instructions..
Labor Law
Labor Law
1520 Freedman Drive, Suite 136
Fort Detrick, MD 21702
Phone: (301) 619-8643 / TEAMS (520) 692-6300
Mon-Fri: 7:30 a.m.-4:30 p.m.
The Fort Detrick Office of the Staff Judge Advocate provides legal advice and written opinions to Fort Detrick’s Army unit commanders and staff members on a wide variety of issues, including labor law. This advice involves questions pertaining to the official operation of Army military organizations on Fort Detrick.
These services are generally available to the Army units under the control of the Commanding General, USAMRDC & Fort Detrick, the US Army Garrison, the 21st Signal Brigade, the Army Medical Logistics Command, the Fort Detrick Network Enterprise Center, and the Fort Detrick Logistics Readiness Center.
Labor Law Services
1. The Fort Detrick Office of the Staff Judge Advocate (OSJA) gives labor law advice to Army commanders and supervisors assigned to Fort Detrick and the Army based subordinate commands of the US Army Medical Research and Development Command. When formal administrative complaints are filed, the OSJA designates a labor counselor to represent the command before the US Merit Systems Protection Board (MSPB), US Federal Labor Relations Authority (FLRA), and US Equal Employment Opportunity Commission (EEOC).
2. Management - Employee Relations and Employment Discipline.
a. MSPB jurisdiction. In the instance of non-probationary employees, the case may possibly be appealed to the MSPB for review. To qualify for MSPB review, the employee must demonstrate that the board has jurisdiction. One example of jurisdiction is a disciplinary action in excess of fourteen (14) days suspension or demotion.
b. Administrative grievance. Some actions taken against employees qualify for processing under the DoD grievance process. This includes challenges of performance ratings, reprimands, and suspensions of fourteen (14) days or less. Certain actions are excluded from coverage under the administrative grievance process, See Department of Defense Instruction 1400.25 Volume 771.
c. Negotiated grievance/ Arbitration. Employees who are members of a bargaining unit will have rights set out in a negotiated bargaining agreement. In addition to the right to file complaints with the MSPB or the EEOC, these employees may also have the right to use their designated union representative to invoke a negotiated grievance or arbitration process.
3. Complaints of discrimination against a member of a protected class
The Army Equal Employment Opportunity Program operates through installation and major command offices. Army employees who feel that they have been discriminated against by employees of the Army may seek redress through the Fort Detrick EEO office. The Fort Detrick OSJA provides advice to the Fort Detrick EEO office and represents management in hearings and investigations that are conducted during the processing of EEO Complaints.
4. Application of the Federal Service Labor Management Relations Statute
The Army Civilian Human Resources Support Cell for each Army organization has assigned management employee relations specialists who provide labor relations guidance to managers. The Fort Detrick legal office also provides labor counselor support on these matters. In the instance of allegations of unfair labor practices and during bargaining sessions, the Fort Detrick OSJA provides advice to management pertaining to the official command position. This role also extends to representation of management before the Federal Labor Relations Authority, the Federal Mediation Conciliation Service, and the Federal Services Impasses Panel.
Legal Assistance
Click here to access the Estate Planning Information Document
Click Here to Access the Estate Planning Questionnaire
Legal Assistance
1520 Freedman Drive, Suite 136
Fort Detrick, MD 21702
Phone: (301) 619-2221
Mon-Wed, and Friday: 8-11 a.m.; 1-4 p.m.
Thursday: 1-4 p.m.
Free legal advice to active duty and retired military members and their dependents.
Limited services to members of the US military reserves on issues pertaining to their preparation for deployment.
Certified military and/or Army civilian attorneys advise on most areas of civil law, including consumer law issues; contract disputes; landlord/tenant disputes; contract review; creditor problems; nonsupport; immigration; motor vehicle laws; merchant scams; wills; powers of attorney; bankruptcy and indebtedness; separation/divorce; notarizations and taxation.
You should know that --
We do not advise on private commercial business activities; appearances in civilian courts on behalf of an individual, civilian or military criminal matters; lawsuits or claims against the United States Government.
Your attorney must know all the facts, favorable or unfavorable. Do not hesitate to talk freely to him/her. An attorney must keep all information confidential unless you, the client, give the attorney permission to disclose information to a third party. Confidential communications are matters you tell your lawyer when seeking legal advice about your personal situation. The privilege may extend to conversations, letters, photographs, charts, and other documents and records. You may lose the privilege if you make the information public either by telling a friend or family members or otherwise communicating the information to unauthorized persons.
-
For separation/divorce counseling, the Fort Detrick office assists only one party in the matter--the first spouse to make an appointment. The other spouse must obtain legal advice from other military legal offices in the area.
-
There is no wait for a power of attorney, a document that authorizes your agent (the person you name) to act on your behalf. A general power of attorney allows your agent to act on all matters; a special power of attorney allows your agent to act only on those matters you listed; and a medical care power of attorney allows your agent to act regarding medical treatment for yourself or a minor family member.
-
Consultation for a Last Will and Testament will include a discussion about your estate plan - the plan that allows you to decide how to transfer your property after your death. Your estate plan includes giving away a house, car, and personal property that you own by yourself. The plan also includes your property owned jointly with right of survivorship and property in an account controlled by a "pay on death" certificate.
-
You may obtain a will - the document that tells who you want to receive your property when you die. A will is also important to nominate a guardian for your minor children. If you die without a will, the state of your domicile will decide how to divide your property based on its intestacy law. Consult your legal assistance office to decide if you need or want a will.
Army Legal Assistance Offices exist to advise you on your personal legal matters. As a client, you may reasonably expect:
-
To be treated with courtesy and consideration at all times by Legal Assistance personnel.
-
An attorney capable of handling your legal matter competently and diligently, in accordance with our high professional standards. If you are unsatisfied, you may withdraw from the attorney-client relationship at any time. If we do not have the expertise appropriate to advise you, we will refer you to alternative legal assistance. On occasion, this may mean that you will have to hire an outside attorney at your own expense.
-
To your lawyer's independent professional judgment and undivided loyalty uncompromised by conflicts of interest.
-
To have your questions and concerns addressed in a prompt manner and to have your telephone calls returned promptly.
-
To be kept informed as to the status of your matter and to request and receive copies of papers. We will provide you sufficient information to allow you to participate meaningfully in the resolution of your matter.
-
To have your legitimate objectives respected by your attorney, including whether or not to settle.
-
To privacy in your dealings with your lawyer and to have your secrets and confidences preserved to the extent permitted by law and regulation.
-
To have your attorney conduct himself or herself ethically in accordance with our Army Rules of Professional Responsibility (AR 27-26) and the Code of Professional Responsibility.
-
To free assistance from us without discussion on the basis of race, creed, color, religion, sex, sexual orientation, age, national origin or disability.
For military court appearances or advice on Article 15 proceedings, involuntary administrative discharge issues or other Uniform Code of Military Justice proceedings being initiated against you, contact the Trial Defense Service Field Office, located at 2257 Huber Road, Fort George G. Meade, Maryland, 20755-5030, (301) 677-9218/9822, DSN 923-9218/9822.
For information on claims against the United States contact, contact the Claims Division, Office of the Staff Judge Advocate, 1520 Freedman Drive, Suite 136, Fort Detrick, Maryland 21702, (301) 619-2221.
Military Justice & Criminal Law
Military Justice & Criminal Law
1520 Freedman Drive, Suite 136
Fort Detrick, MD 21702
Phone: (301) 619-1879/3936
Trial Attorney: (301) 619-1879
Hours: Mon-Fri, 7:30 a.m.-4:30 p.m.
Map to Fort Detrick Court Facility
The Office of the Staff Judge Advocate provides advice to commanders and supervisors and represents the Army in criminal proceedings. Soldiers who need legal advice on criminal matters under investigation by the Army must contact an Army Trial Defense Services Office for help. Soldiers assigned to Fort Detrick are covered by the Fort Meade Trial Defense Services (TDS) Office 
The Fort Meade TDS Office is located at Bldg 2257, Snowden Hall, Fort Meade, MD 20755-5030.
Their phone number is (301) 677-9218/9822.
The U.S. District Court convenes at the Fort Detrick court facility (1520 Freedman Drive, Suite 136) once each quarter to address all misdemeanor and minor offenses in the region. On minor cases, the individuals can either pay the fine listed on the ticket, or appear at court.
Fine only cases can result in a $500 fine, $30 court processing fee, and a $5 special assessment if the individual does not pay prior to trial. More serious cases can result in jail time, community service, and higher fines. Individuals who fail to appear at court are subject to possible arrest or suspension of their drivers license.
Soldiers may be tried before the U.S. Magistrate Judge on traffic cases or may be subject to military justice action. The United States District Court Clerk’s Office can be reached through the United States District Court in Baltimore at (410) 962-2600 or (410) 962-3800.
Drivers are subject to federal law, assimilated state law, and the Fort Detrick Traffic Code.
The Military Justice division of the Office of the Staff Judge Advocate advises Commanders regarding administrative separations, letters of reprimand, nonjudicial punishment imposed under the Uniform Code of Military Justice Article 15, pretrial confinement, and courts-martial..