The Servicemembers Civil Relief Act (SCRA) provides legal protections to active duty service members, including reservists and National Guard members when serving on active federal duty. Some key protections include allowing early termination of leases and vehicle contracts without penalty if the service member receives orders for a permanent change of station or deployment of 90 days or more. The SCRA also provides protections related to interest rates on debts incurred prior to entering active duty, delaying court proceedings if the service member's military duties materially affect their ability to participate, and protections for child custody arrangements. The goal of the SCRA is to provide financial and legal protections to service members while serving in order to enable them to devote their full attention to duty without

1. Puerto Rico Army National Guard
Office of the Staff Judge Advocate
THE ADVOCATE
Official Newsletter from the Office of the Staff Judge Advocate
PREMIERE ISSUE!!! Volume 1, Issue 1
Welcome to between the Office of the this to be your newsletter, September 2011
Staff Judge Advocate and not just ours.
the first issue of our
you, Our readers. It will
newsletter, The Advo- The OSJA fulfills the
allow us to address many
cate. This is the result of mission of the U.S. Army
of the issues and con-
a combined effort by the Judge Advocate Gen-
cerns that many of you
Puerto Rico National
have expressed to our eral’s Corps in the
Guard Office of the Staff
staff, and give us the op- PRARNG; To Develop,
Judge Advocate (OSJA)
portunity to provide you employ, and retain One
and its members. It is
with not only information, Team of proactive profes-
also the first step in our  Reduce Interest rates
but the additional tools sionals, forged by the
initiative to keep our
and resources to better warrior ethos, who deliver  Delay Court Proceed-
Guard force informed and
prepare yourself when principled counsel and
ings or Re-open De-
up to date on the latest fault Judgments.
dealing with legal mat-
information regarding all mission‐focused legal
ters.  Terminate Leases
legal matters that affect services to the Army and
and other service
us. From activation and the Nation. agreements without
deployments, rights and penalties
It is our intent to reach This newsletter is an-
responsibilities to separa-
as many of our soldiers as other step taken in ac-  Outstanding Credit
tions and retirement, we’ll
possible, so feel free to complishing that mission. Card Debt
cover it all; But this publi-
share this newsletter with We hope that it meets
cation can only be as ef-  Mortgage Payments
all you believe will benefit with your expectations,
fective as your feedback
from it. We hope that this and that it can be of help
will permit. We welcome
new tool will become not to you and your family. So Inside this issue:
your comments, ideas
just a mere newsletter, welcome again, to the
and suggestions. We want
but an interactive asset world of The Advocate.
From the Fulltime 2
JAG’s Desk
THE QUILL & SWORD From the Chief Legal
NCO’s Desk
2
What’s the Deal with 3
Powers of Attorney?
The Servicemembers 4
Civil Relief Act
Army Values & 7
The UCMJ
BRANCH INSIGNIA BRANCH PLAQUE REGIMENTAL INSIGNIA COAT OF ARMS
At the Movies: 8
In May 1890, a crossed character of the Corps. throughout the Army. The The Lincoln Lawyer
The wreath is symbolic of motto indicates the anni-
quill and sword was origi-
honor. The quill and versary of the Corps on Social Media For
nally adopted for wear by 8
sword symbolize the mis- 29 July 1775, and has Leaders
officers of the Judge Ad-
sion of the Corps, to ad- generally paralleled the
vocate General's Depart-
vise the Secretary of the origin and development of
ment. The quill represents
Army and supervise the the American system of
the recording of testimony
system of military justice military justice.
and the sword the military

2. Page 2 THE ADVOCATE
FROM THE FULLTIME JAG’S DESK — MAJ William E. O’Connor
Welcome to our newest conduct of full spectrum op- Mission or Federal Active Duty
addition in the OSJA. The erations for the Nation we deployments, the law plays an
serve. One of the ways that integral part of the mission.
Advocate is part of our ongo-
the JAG Corps allows us to do The OSJA has great expecta-
ing effort in maintaining our
this is by employing informa- tions with the publishing of
service members aware of the
tion technology to enhance this newsletter since it will
latest legal developments and
efficiency and effectiveness of give our most important cus-
most important issues.
our business practices. tomer, you, the opportunity of
It is our intent to share all the accessing information or re-
Our Guard’s 2020 Vision also sources that will positively
necessary information in order
calls for the improvement of impact your readiness. This
-“As Judge to assist you in fulfilling our
strategic communications and initiative is the first step on
Guard’s 2020 Vision; Be the
Advocates it is our knowledge management by our goal to improve our strate-
Premier Organization for the
mission to provide enhancing public affairs and gic communications.
Americas. As such we strive
information technology to sus-
you with proactive to become a force of trained
tain joint operations. The As we speak, we are work-
soldier/airmen ready to pro-
legal support in Advocate is a way to achieve ing on the development of a
vide ready relevant units in
that objective. web page and on social media
order to enable the support of our State and Na-
platforms in order to fully dis-
tional Strategy. Therefore, the information
successful conduct seminate the information that
As Judge Advocates it is our that we provide you with this you need, when you need it.
of full spectrum
mission to provide you with publication is designed to bet-
operations for the proactive legal support in or- ter prepare you to meet the Stay tuned, more to come…
der to enable the successful challenges of being a Guards-
Nation we serve.”- man. Be it a State Active Duty
FROM THE CHIEF LEGAL NCO’S DESK — SFC Frank Chiroque
Welcome to the first issue of others: training records for all assigned
The Advocate. Many have and attached personnel.
asked me how can command- -Serving as principle advisor to
ers contribute to the military the SJA, Commanders, and staff -Ensuring logistical support for
careers of their Paralegals and concerning all Paralegal Spe- all teams in the OSJA, to in-
improve their legal skills and cialists, and coordinator of their clude procurement, issue, turn-
overall readiness. duty assignments in, accountability of equipment,
and preparation for pre-
The fact remains that the major- -Ensuring common soldier skill deployment, deployment, and
ity of our paralegals do not per- proficiency for all legal person- redeployment.
-“The fact form the jobs they were trained nel, and MOS proficiency.
for, unless they are deployed, -Serving, in conjunction with the
remains that the -Providing technical supervision DSJA, as liaison between staff
and that needs to change. Too
of all Paralegal Specialists. sections and the OSJA to coor-
majority of our easy! Make arrangements with
the Chief Paralegal NCO -Reviewing military justice and dinate field training.
paralegals do not (CPLNCO) to allow them to per- administrative documents/files. -Revising and updating the
form some drills at the OSJA.
perform the jobs -Supervising technical training enlisted portion of the SJA’s
According to the Soldier’s Train- of all Paralegal Specialists lo- Field Standard Operating Proce-
they were trained ing Manual for Paralegal Spe- dures (FSOP).
cated at subordinate elements
for, unless they cialists (27D), published by the including those deploying as
These and many other forms of
Judge Advocate General’s Legal part of a separate legal section
are deployed, and Center & School – Training De- or Brigade Operational Law training will help our paralegals
velopments Directorate (TDD) Team (BOLT). not only round out the skills
that needs to
(April 2011), the CPLNCO is the many already posses, but help
change.”- senior enlisted soldier in the -Ensuring timely legal technical them grow professionally and
Office of the Staff Judge Advo- and automation training, includ-
ing use and care of the Reimer become better assets to their
cate.
Digital Library (RDL). units. This is our commitment
As CPLNCO our duties and re- to making ours, the best Na-
sponsibilities regarding training -Assisting Legal Administrators tional Guard of our Nation.
and operations, include among in monitoring and certifying

3. Volume 1, Issue 1 Page 3
What’s the Deal with Powers of Attorney?
A Power of Attorney (POA) is a bank account; closing on a
house; medical care for your
remains valid during any period
of incapacity.
written instrument that allows children; or movement of your
you (the "principal") to authorize household goods. The special or 3. Any third party has the right to
your agent (your "attorney-in- limited power of attorney, as its refuse to accept a POA.
fact") to conduct certain busi- name implies, restricts the
ness on your behalf. It is one of other individual's action to a 4. A POA should be given for only
the strongest legal documents particular purpose which you a limited time period (such as six
that you can give to another per- have chosen; this is much safer to twelve months during a de-
son. There are two types of POA; than giving a general power of ployment). A third party is more Section 1044b of
"general" and likely to accept a POA Title 10, United
"special" (or limited). States Code, indi-
with a recent date than cates that military
one which is many powers of attorney
A general POA gives months or years old. are to be given
your agent very broad
legal effect without
powers to act on your 5. Many financial institu- regard to State
behalf; and a special POA tions and other busi- Law. However, any
limits your agent's au- nesses have their own third party has the
thority to act only on cer- POA'S which they prefer right to refuse to
tain matters. Every act to be used to conduct accept a power of
performed by your agent attorney of any
business. It is a good kind.
within the authority of the idea to show your POA to
POA is legally binding all known third parties
upon you. Since a POA is who may be dealing with
such a powerful docu- your named attorney-in- “Since a
ment, give it only to a trustworthy
person, and only when absolutely
attorney, which grants another fact to ensure that your POA is Power Of
individual almost complete le- acceptable to them.
necessary. Your local legal assis- gal power over your personal
Attorney is
tance office can advise you and financial affairs. 6. Never give a general POA such a
about, and prepare for you, the when a special POA will accom- powerful
appropriate type of POA needed plish the mission. There is less
for your situation. SPECIAL POWER OF document, give
opportunity for abuse when only
ATTORNEY TO ACT limited powers are given.
it only to a
GENERAL POWER OF "IN LOCO PARENTIS" trustworthy
This is a common type of 7. A special POA should be as person, and
ATTORNEY special power of attorney. The specific as possible. For exam- only when
A General POA gives your phrase "in loco parentis" means ple, if you are authorizing an at-
agent the authority to do most "in the place of the parent." This torney-in-fact to sell a vehicle on absolutely
things you could do your- type of special POA grants pa- necessary.”
your behalf, specify the vehicle,
self. Your agent cannot perform rental authority to another license number, vehicle identifi-
certain actions which require (such as a babysitter) to per- cation number, the make/
your personal attention, such as form a range of functions which model/year of the vehicle, and
taking an oath. General POA'S can include picking up a child any specific terms you will re-
may not be accepted for the per- from school, buying food and quire. Your legal assistance attor-
formance of certain acts, such as clothing, and consenting to ney can help you tailor the POA
cashing Government checks, or medical treatment of the child to suit your precise needs.
conducting real estate transac- in the event of illness or injury.
tions.
8. You may revoke a POA before
SPECIAL its expiration date by executing a
SPECIAL (LIMITED) revocation of the POA. Notice of
CONSIDERATIONS
POWER OF 1. A POA becomes void upon
the revocation must be delivered
to the attorney-in-fact, as well as
ATTORNEY the death of the principal.
to all third parties who you know
A special, or limited, POA au-
relied on the POA. If possible,
thorizes your agent to do only a 2. A POA normally is void if the
recover from the attorney-in-fact
specified act, such as sell your principal becomes physically or
and destroy the original and all
car, ship your household goods, mentally incapacitated. How-
copies of the POA. Even though
or cash your paycheck. A ever, appropriate "durability"
the POA has been revoked, you
"special" or "limited" power of language may be added to the
may be responsible to any third
attorney can accomplish almost POA which will ensure that it
party who did not receive notice
any need: access to a particular
of the revocation.

4. Page 4 THE ADVOCATE
“Reservists and
members of the The Servicemembers Civil Relief Act
National Guard
INTRODUCTION change of station (PCS) or a was given. For example, if the
(when in active
The Service members Civil deployment of at least 90 term of the lease or rental agree-
federal service) are days. The termination also ment is yearly and notice was
protected under the Relief Act (SCRA) was signed
into law in December 2003 cancels the lease for the ser- given August 5th, then the termi-
SCRA. Additionally, vice member’s spouse and/or nation date will be September
and improved and clarified by
some of the SCRA’s dependants who signed the 30th.
the 2004 Veterans Benefits
protections extend to lease.
Improvement Act (VBIA). The
the soldier’s family SCRA amends the Soldiers’ 2. The service member must 4. If the rent has been paid in
members.” and Sailors’ Civil Relief Act deliver written notice of termi-
advance, then the landlord must
(SSCRA), which was passed nation to the landlord after return any unearned portion
by Congress to provide pro- entry on active duty or receipt
within 30 days of the termination
tection to persons entering or of orders for active duty. date of the lease. The landlord
called to active may not withhold
duty in the U.S. the refund of a ser-
Armed Forces. vice member’s se-
The new law curity deposit for
contains many of early termination of
the same protec- the lease or rental
tions under the agreement. How-
SSCRA, and ever, the landlord
strengthens may withhold return
many protections of the security de-
as well. posit for damages,
repairs, and other
Reservists and members of lawful provisions of
the National Guard (when in “Military orders” are defined the lease/rental agreement.
active federal service) are as “official military orders, or
protected under the SCRA. any notification, certification,
Additionally, some of the or verification from the sol- Evictions From Leased
SCRA’s protections extend to dier’s commanding officer Housing
the soldier’s family members. about their military status. 1. A landlord may not evict a
Furthermore, the soldier is
service member without a court
The protection begins on the not required to be deployed order, so long as rent does not
date the soldier entered ac- “with a military unit” but may exceed $2,465 per month and
tive duty service and termi- be deployed otherwise, for the premises are occupied pri-
nates upon release from ac- example “as an individual in marily as a residence.
tive duty. However, some support of a military opera-
protections under the act tion.” If the service member’s military
extend for a limited time be- service “materially affects” his or
yond discharge but are tied to The termination date for a her ability to pay, the court must
the discharge date. month-to-month lease is 30
days after the first date on “stay” (put on hold) the proceed-
which the next rental payment ings for 90 days if the service
Termination of is due after the termination member submits a request to
Lease Agreements notice is delivered. For exam- the court for protection under the
1. A service member who is ple, if rent is due on the 1st of SCRA.
leasing or renting property the month and notice is deliv-
used for dwelling, profes- ered to the landlord on Au- 2. A proper request should ex-
sional, business, agricultural gust 5th, the next rent due is plain how the service member’s
or similar purposes may ter- September 1st. Therefore, military service “materially af-
minate a lease that was: the service member must pay fects” his or her ability to pay
Cell phone service con- the rent through September rent. For instance, if a service
(a) signed before the service 30. member is deployed, a court
tracts can be sus-
member entered active duty, would likely find that his or her
pended or cancelled
under the protections or 3. For all other lease and deployed status “materially af-
of the SCRA, without rental agreements, the termi- fects” his or her ability to pay
penalties, as long as (b) signed while on active nation date will be the last rent.
the contract is in the
service member’s duty and the soldier receives day of the month after the >>>
name. orders for a permanent month in which the notice

5. Volume 1, Issue 1 Page 5
6% Interest Rate. that the interest rate has been service member has leave
1. The SCRA allows a service reduced. available, but has made no “The SCRA
attempt to use that leave to
member to have his or her in- allows a
terest rate on pre-service debts e) The service member attend the proceedings.
should always keep a copy of service
capped at 6%.
the letter for possible proof at 4. What a Service member member to
2. The 6% interest rate cap a later date in court. must do to stay the proceed- have his or her
only applies to debts incurred ings:
The creditor is required to: interest rate on
before the service member
entered active duty. Examples If the service member has pre-service
of such debts are loans, mort- a) Reduce the interest rate on notice of the proceedings, debts capped
gages, credit cards, etc. For the date the service member he or she must send written at 6%.”
example, if a person received enters active duty according notice to the court or admin-
an 8% loan for a car he bought to his/her orders. istrative body stating that:
on 1 February 2003 and
enlisted in the Army on 1 No- b) Reduce the monthly pay- (a) the service member’s
vember 2004, the soldier’s ments on the debt to reflect military service “materially
interest rate on the car loan the reduction of the interest affects” his or her ability to
must be lowered from 8% to 6% rate. appear at the proceeding;
for the duration of the soldier’s and
military obligation. The differ- **Be advised: The creditor
ence between the 6% and 8% can challenge the reduced (b) a date when the service
is forgiven. interest rate in court if it can member will be able to ap-
show that the service mem- pear.
Qualifying debts ber’s military service has not
(a) Debts that were incurred “materially affected” his or her The service member must
prior to the service member ability to pay. also have his or her com-
entering active duty. mander write a letter to the
Delay (Stay) court and the opposing
(b) The service member must party’s attorney stating that:
of Court Proceedings /
be on active duty at the time of
the request. Re-opening Default (a) the service member’s
Judgments military service prevents him
(c) This provision does not ap- 1. A service member who is or her from attending the
ply to federally guaranteed stu- the defendant or plaintiff in a proceeding; and
dent loans. civil lawsuit may request a
stay, or postponement, of a (b) the service member’s
3. How to implement the 6% court proceeding for at least military duty does not allow
cap. 90 days at any point in the him or her to use leave to
proceedings. attend the proceedings.
The service member should:
2. In order to obtain a stay of An attorney from the Legal
(a) Write a certified letter ad- proceedings, a service mem- Assistance Office can help
vising the creditor of his/her ber must actually be the de- the soldier draft such a let-
deployment and ask for a re- fendant or plaintiff in a civil ter. The soldier, however,
duction in the interest rate to lawsuit, suit for paternity, child must sign the letter and is
6% according to the terms of custody suit, bankruptcy responsible for sending the
the SCRA. debtor/creditor meeting, and/ written notice and military
or administrative proceedings. orders to the court or admin-
(b) The letter must state that istrative body.
the service member’s service 3. This provision does not
on active duty has had a mate- apply to: 5. Default Judgments
rial effect on his/her ability to
pay. (a) Criminal proceedings, A default judgment is a court
order or judgment where the
(c) The service member should (b) Proceedings in which the service member did not ap-
include a copy of his/her orders service member is merely a pear in court to defend him As of 2008, the reduction to 6%
to active duty. material witness to the law- or herself. If the service interest on all mortgages under
suit, but not an actual party, member had no notice of a the SCRA, is extended for one
(d) The letter to the creditor or civil proceeding and a de- year after release from active
fault judgment is entered duty.
should also request written
confirmation from the creditor (c) Situations in which the against him or her, the >>>

6. Page 6 THE ADVOCATE
Service member may request If the court should determine the State Income Tax
the court to set aside and re- contract falls under the protec- Under the SCRA, states cannot
open that judgment. The ser- tion of the SCRA, the creditor is use the military income of the
vice member must apply to the thereafter prohibited from exer- service member who is not a
court stating: cising any right or option under resident of the state to deter-
the contract, such as the right to mine the tax rate for non-
(1) his or her military service rescind or terminate the contract military income. This means
“materially affected” the service or to repossess the property, that if a soldier is stationed at
member’s ability to defend him unless authorized by a court Fort Hood, but is not a resident
or herself in the case, and order. of Texas, and his wife is work-
ing in the state, Texas cannot
(2) that the service member has Auto Leases consider the soldier’s military
a legal defense to the action. A service member may terminate income when determining the
an automobile lease under the tax bracket of the soldier’s
The application must be made SCRA if he or she entered into spouse.
while he or she is still on active the lease before entering military
duty or within 90 days of re- service. Additionally, service
lease from military service. Enforcement of
members may terminate auto-
Additionally, the default judg- mobile leases any time after Obligations, Liabili-
ment must have been issued receiving PCS orders for a de- ties, Taxes
while the service member was ployment for at least 180 days A service member may, at any
on active duty or within 60 days from: time during his/her military
of release from military service. service, or within 180 days
(1) a location in the continental thereafter, apply to a court for
“Judgment” includes any civil or United States (48 states and relief of any obligation or liabil-
administrative judgment, de- Washington D.C.) to a location ity incurred by the service
cree, order, or ruling, final or outside the continental United member prior to active duty.
temporary. Items such as child States or Additionally, the service mem-
support orders, restraining or- ber may apply to the court for
ders, or divorce decrees can be (2) from a location in a State relief from any tax or assess-
reopened and defended if the outside the continental United ment that was due before or
soldier was unable to attend the States to any location outside during his or her active military
hearing or they did not receive that state. service. One form of relief the
notice that the hearing was court may grant is a stay or
taking place. The service member must do the postponement of enforcement
following to effectively terminate during which time no fine or
Installment Contracts his or her automobile lease: penalty can accrue.
and Self Help
An installment contract is an (1) provide the lease company Waiver of SCRA rights
agreement in which the obliga- written notice of termination of Any waiver of SCRA rights must
tion of one of the parties to the the lease under the SCRA and a be in a separate document
contract is delivered or per- copy of his or her orders; and from all other paperwork and
formed into a series of succes- in at least 12 point font. Sol-
sive performances (i.e., car pay- (2) return the automobile within diers should strongly consider
ments). A service member may 15 days after the date of the bringing any proposed waiver
request protection from credi- written notice. of SCRA rights documentation
tors under the SCRA for install- to a Legal Assistance Attorney
ment contracts incurred before The effective termination date of for review before signing any-
entry into military service. The the automobile lease is the date thing.
service member must prove: the service member has both
provided written notice and a
1. That his/her military obliga- copy of his or her orders, and *** If you think that you have
tions have materially affected returned the automobile. rights under the SCRA that may
his/her ability to pay on the have been violated, or that you
debts. The termination also cancels the are entitled to be shielded from
lease for the service member’s a legal proceeding or financial
2. The service member must spouse and/or dependants who obligation by the SCRA protec-
have made at least 1 deposit or signed the lease. tions, you should discuss the
installment payment on the matter with a legal assistance
attorney or a civilian lawyer as
contract before entry on active soon as possible. ***
duty.

7. Volume 1, Issue 1 Page 7
ARMY VALUES & THE UCMJ - SGT Javier Fontánez, Legal NCO
The Army has always had values, of the armed services. Members
The Manual for
Courts-Martial
dating back to Baron Von Steu- of the military Reserve Compo-
(MCM) contains the
ben at Valley Forge in 1778 nents including soldiers and air-
Uniform Code of
when he established those attrib- men in the National Guard of the
Military Justice and
utes and traits that an NCO United States are subject to the
instructs military
should have. These values apply UCMJ when activated in a Federal
lawyers, known as
to every soldier who wears the capacity under Title 10. judge advocates,
uniform. As Soldiers we enter the
and judges on how
Army with personal values devel- It is our duty to abide by law to conduct courts-
oped and nurtured over many and regulation, 24 hours a day, martial. It is also
years of personal experience. By seven days a week, for as long as where non judicial
taking an oath to serve, one also we’re in the Army. The UCMJ gives punishment, com-
agrees to live and act by a new us judicial authority, which is es- monly known as
set of values - Army Values. sential to the Army’s ability to ac- Article 15, is found. The universal val-
These Values consist of the prin- complish its mission. The UCMJ is There are a total of 140 articles in ues of loyalty, duty,
ciples, standards, and qualities the statute that defines criminal the MCM. It explains what conduct respect, selfless
considered essential for success- offenses for soldiers, which along is in violation of the UCMJ, sets service, honor, in-
ful leaders. They are fundamen- with our Army values form a sys- tegrity, and per-
forth rules of evidence, contains a
tal to helping Soldiers make the tem of belief and behavior of what sonal courage that
list of maximum punishments for
right decision in any situation. is proper conduct for a soldier of enable you to see
each offense and explains types of
what is right or
Loyalty, Duty, Respect, Selfless the US Army. court-martials. wrong in any situa-
service, Honor, Integrity, and tion and make deci-
Hence, the link between Army
Personal courage - To bear true The UCMJ defines crimes that sions based on
Values and the UCMJ is unavoid-
faith and allegiance to the U.S. are the same as those in civilian those values
able. Army doctrine states that
Constitution, the Army, your unit, courts, such as murder, rape, and
military discipline is founded upon
and other soldiers; Fulfill your robbery. It also includes violations -“Discipline is
self-discipline, respect for authority,
obligations; Treat people as they of order and discipline exclusive
and the embracing of the profes-
should be treated; Put the wel- to the military, such as disobedi-
sional Army ethic with its support- the soul of an
fare of the Nation, the Army, and ence to a superior officer, drunk-
ing individual values. Military disci-
your subordinates before your enness on duty, absent without
pline is developed through individ- army. It makes
own; Live up to all the Army Val- leave and even adultery.
ual and group training to create a
ues; Do what’s right, legally and
mental attitude that will result in
small numbers
morally; And face fear, danger, or Similarly to civilian rule of law,
soldiers have rights under the proper conduct and prompt obedi- formidable;
adversity both physical or moral.
UCMJ. In some ways, the UCMJ ence to lawful military authority.
Field Manual 6-22 (Army Lead- provides far greater protections Soldiers demonstrate their disci- procures
ership) states that –“The Army than under civilian jurisdiction, pline in many ways, including the
Values firmly bind all Army mem- including for example: The right to prompt and correct execution of success to the
bers into a fellowship dedicated remain silent; the right to counsel; orders and compliance with regula-
to serve the Nation and the the right to demand trial; under tions. weak, and
Army. They apply to everyone, in Article 15, the right to present his/
Everything we do or fail to do,
every situation, anywhere in the her case, in the presence of the
every decision we make, whether
esteem to all.”-
Army. The trust Soldiers and civil- imposing commander; the right to
on duty or off duty is based on a George Washington
ians have for each other and the call witnesses (if they are reasona-
set of values. Our attitudes, behav-
trust of the American people, all bly available); the right to present
iors and beliefs are based on a set
depend on how well a Soldier evidence; the right to request a
of values that are all interrelated
embodies the Army Values.”- spokesperson (but not an attorney
and affect each other. Our values
at the hearing); the right to re-
The Uniform Code of Military determine our outward display of
quest an open hearing; and the
Justice is a federal law, found in right to examine all evidence. behavior. Although the majority of
Title 10 United States Code, Soldiers embrace and live by these
Chapter 47 and implemented by Our courts-martial system does Values, there are a few who do not.
the Manual for Courts-Martial, an not exempt a soldier from trial by Those who engage in actions incon-
executive order issued by the the civil authorities, but it can be, sistent with Army Values weaken
President of the United States in and often is, used in place of civil our Army and these actions cannot
his capacity as Commander in courts for all offenses committed be tolerated. We must work as a
Chief of the United States armed by a service member, even if the team to minimize the number of
forces. The UCMJ is the founda- act is committed off-base and incidents that conflict with the
tion of military law in the United while off-duty. Army Values and discredit our ser- The MCM is an Executive
States. It applies to all members vice. Order issued by the Presi-
dent of the United States

8. Page 8 THE ADVOCATE
PUERTO RICO NATIONAL GUARD
OFFICE OF THE STAFF JUDGE ADVOCATE Criminal defense at- Haller thinks Roulet is
100 General Esteves Street torney Mickey Haller innocent, having simply
San Juan, Puerto Rico 00901-1400 (McConaughey) operates been at the wrong place
around Los Angeles at the wrong time. Haller
Phone: 787-289-1400 Ext. 1030 County out of a Lincoln and his investigator
Fax: 787-289-1431
Town Car. Haller has Frank Levin (Macy) ana-
spent most of his career lyze the pictures and
defending garden-variety evidence, notably the
criminals, including a injuries the victim sus-
member of a local biker tained. It bears a similar-
gang, until he lands the ity to a past case of Hal-
case of his career: Louis ler's that landed a previ-
Roulet (Ryan Phillippe), a ous client, Jesus Marti-
Beverly Hills playboy and nez (Michael Peña), in
son of real estate mogul prison for life for murder-
Mary Windsor (Frances ing a woman, despite
Fisher), is accused of the always proclaiming his
brutal beating of a pros- innocence.
titute.
SOCIAL MEDIA STANDARDS FOR ARMY LEADERS
From the U.S. Army Social Media Handbook (January 2011)
Social media has im- If the leader is using
social media as a way to
infraction in any other
environment.
proved the way we con- receive command and
nect and communicate unit information along SELF PROMOTION
as a culture, but it pre- with installation updates, Using rank, job, and/
sents some interesting then following members or responsibilities in or-
dilemmas for Army lead- in a leader’s command is der to promote oneself
ers. appropriate. But if the online for personal or
leader is using social financial gain is not ap-
-“Social media is another set of tools
that helps us spread the Army message ONLINE RELATIONSHIPS media as a way to keep propriate. Such actions
faster than ever. These tools not only Social media is about in touch with family and can damage the image
help us to respond to a 24-hour news connecting, so it’s only friends, it may not make of the Army and an indi-
cycle, but also help us lead natural that Army lead- sense to follow people in vidual command.
conversations and participate in the ers may interact and the leader’s chain of
stories. By reaching out to the online function in the same command. PAID SUBMISSIONS
community, we're able to be where more social media spaces as Treat requests from
and more people get their news, and by their subordinates. LEADER CONDUCT nongovernmental blogs
doing so, we're better serving our ONLINE for a blog post as a me-
warfighters.”- How they connect and When in a position of dia request and coordi-
interact with their subor- leadership, conduct nate with your public
MG Stephen R. Lanza dinates online is up to online should be profes- affairs officer. It is
Chief of Public Affairs their discretion, but it is sional. By using social against Army regulations
advised that the online media, leaders are es- to accept compensation
relationship function in sentially providing a per- for such posts.
the same manner as the manent record of what
professional relationship. they say, so, if you POLITICAL DISCOURSE
wouldn’t say it in front of Everything a leader
SHOULD SOLDIERS a formation, don’t say it says and does is more
“FOLLOW” THOSE IN online. If a leader comes visible and taken more
THEIR COMMAND? across evidence of a seriously.
This is also left to the Soldier violating com- Leaders have a greater
discretion of the Army mand policy or the UCMJ responsibility to speak
leader. Ultimately, it de- on social media plat- respectfully and intelli-
pends on how that forms, then that leader gently about issues they
The new US Army Social Media Hand- leader uses social me- should respond in the don’t intend to reflect on
book provides a one-stop-shop of
dia. same manner they would a command or the Army.
information for soldiers, officers, and if they witnessed the
their families.
***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.***