Office of the Staff Judge Advocate (SJA)

Legal Assistance

Administrative Law

Post Government Employment

The Administrative Law Office provides advice to commanders and supervisors on a wide range of legal topics, including, Ethics, Labor and Employment Law, Contracts and Fiscal Law, Environmental and Real Property Law, 15-6  and FLIPL Investigations, Fundraising, FRGs, and FOIA/Privacy Act.

Post Government Employment:

 DD Form 2945 - Post Government Employment Advise Request

 Post-Employment Guide

Restrictions while Seeking Employment

 Post-Government Employment Rules for Non-Senior Employees

 Post-Government Employment Rules for Senior Employees

 Procurement Integrity Restrictions

FAQs for Post-Government Employment

Ethics:

Standards for Ethical Conduct booklet

Ethics Overview for New Employees

Training:

Mandatory Ethics Training for New Employees

Joint Ethics Regulation (DoD 5500.87-R)

Claims - Torts

Affirmative Claims

Affirmative Claims Return Money to Fort Polk, But We Need Your Help.

Have you been injured recently? Have you sought treatment at Bayne-Jones Army Community Hospital? Then you have likely received a Medical Care Recovery Program information form in the mail. The usual scenario develops like this: You get injured, you arrive at Bayne-Jones, and you are treated for whatever ailment or injury you may have. A few weeks after you are treated you receive a form from the hospital or OSJA asking you questions about your accident. You crumple it up and throw it away. After all, you don’t have time to fill out silly forms. Your medical care was free. Why does the Army need to know about your accident?

This reaction is common, but have you ever wondered how all of that health care gets paid for? We don’t have to pay for our health care directly. Good thing, because those tests, surgeries, and x-rays would cost more than most of us make in a paycheck. We don’t use private insurance when we go to Bayne-Jones, so some large anonymous insurance company isn’t paying for our health care. And when we do have to go to a civilian facility for treatment, the United States through the TriCare insurance program picks up the tab for us then too. Doesn’t all of this get a little expensive? If we aren’t charging anyone how do we make money to keep these hospitals, clinics and insurance programs going? Well, a large portion of the money that the United States uses to keep Bayne-Jones and TriCare running comes from the form that some of you are throwing away.

As active duty, retired military, or a family member of either, you are entitled to health care provided by the United States. This is one example of an instance where you can reap the benefits of being a member or family member of the United States Army. You don’t have to worry about insurance cards or trying to pay all of your costs out of pocket. Financially, this is pretty convenient. In addition to appropriated funds and other Department of Defense money, one important way we keep our medical care up and running is with money received from the Medical Care Recovery Program. That form you receive in the mail with all of the questions on it is part of this Recovery Program.

So, why all the questions? Picture this: You are driving in your car, with your spouse and two children. John Doe, who isn’t paying attention to what he is doing, hits you from behind with his car. You need immediate medical attention and fear your family may also be injured so you are rushed to Bayne-Jones. You and your family are given tests, monitored, x-rays are taken, hopefully no surgery needs to be done, and you are kept at the hospital for a few days. You are released and never give a thought to how any of that care was paid for. But, think about it. If the United States kept giving out health care and never received any money in return to put back into the medical facility, how could we keep the hospital running? The money must come from somewhere.

The United States has a right to receive money for the medical services you received after John Doe hit you. In reality, the United States MUST receive money from someone for these services, or it would never be able to afford to keep giving free medical care. The Government won’t ask you for the money, because you are entitled to the health care. Who does the money come from? It will be John Doe or his insurance company who will have to pay the United States for the care required to make you well again. This is how we keep the system going. However, we can’t do it without you. The United States can only get repaid by the person who caused your injuries if you fill out the Medical Care Recovery Program information form that is sent to your home.

Last year, because people filled out their information forms this post received $285,000 dollars from the affirmative claims program. If everyone would fill out and turn in their questionnaires, we could easily double this amount and return more money to Bayne Jones Army Hospital.

So, the next time one of the information forms comes in the mail, remember that the health care we all receive depends on you filling out that one little form.  And if you need any assistance, you can call (726) 780-0590.

Personnel Claims

If you have any damage to your property during a PCS move, including your POV, you may be entitled to reimbursement for those damages.  Find out how to recover those damages by clicking the link below.

The ABCs of Claims

Tort Claims

The Federal Tort Claims Act permits payment of claims for death, injury, or property loss caused by negligent or wrongful acts of military personnel or civilian employees acting within the scope of employment. 

The Military Claims Act permits payment of claims for death, injury, or property loss caused by negligent or wrongful acts of military personnel acting within the scope of employment or incident to "noncombat activities" of armed forces. 

The National Guard Claims Act permits payment of claims for death, injury, or property loss caused by negligent or wrongful acts of Army National Guard personnel acting within the scope of employment or caused by noncombat activities of the National Guard. 

If the damages are the result of an on-the job injury, your claim will be barred.  In order to file a claim alleging damages as a result of the actions of individuals acting within the scope of the employment with the government, you can file a SF 95 with the Fort Polk Claims office.

Tort Claims Checklist and Instructions

Claim for Damage, Injury or Death (SF 95)

Magistrate Court

          The U. S. District Court, Western District of Louisiana holds court monthly for civilian violation notices issued on the Fort Polk army installation.  If the violation notice indicates appearance is mandatory or if no amount is listed under "Forfeiture Amount," attendance in court is required.  Otherwise, defendants who do not intend to ask for a trial date and wish to dispose of the matter prior to court may pay online through the Central Violations Bureau using the link below. This site answers most basic questions about violation notices.

Click link below to pay. 
https://www.lawd.uscourts.gov/ft-polk

Hours of Operation:

NOTICE: Closed for lunch from 12 p.m. to 1 p.m. daily.

The phone number is (726) 780-1368.

Trial Defense Services

United States Army Trial Defense Service (TDS)

TDS attorneys are military officers and practicing defense lawyers, graduated from a law school accredited by the American Bar Association, licensed to practice law, and members of the U.S. Army Judge Advocate General’s Corps. To ensure objectivity and fairness, TDS attorneys are completely independent from local commands and their legal advisors. 

The mission of TDS is to provide a full-range of defense legal services to Soldiers worldwide, at no cost to the Soldier. These services include:

• Representing Soldiers at courts-martial.
•  Representing Soldiers during criminal investigations and before involuntary enlisted separation, officer elimination, or grade reduction boards.
•  Counseling Soldiers regarding restraint, nonjudicial punishment (aka Article 15), and any other adverse administrative action taken pursuant to Army regulations.

All communications between a TDS attorney and a Soldier-client are strictly confidential and privileged.

TDS attorneys represent Soldiers only; they do not represent civilian employees of the Department of Defense, nor civilian dependents. In addition, TDS does not represent Soldiers pending civilian judicial proceedings or charges, to include proceedings at a federal magistrate court. TDS representation is only provided to Soldiers facing adverse action in military jurisdiction.

Phone: (726) 780-1252

Email: Trial Defense Service e-mail

The Trial Defense Services office is located at 1918 15th Street, Building 1946, Fort Polk, LA 71459.

Hours of Operation:

NOTICE: Closed for lunch from 12 p.m. to 1 p.m. daily.