the advocate jan mar 2013

14
FOR COMMENTS, SUGGESTIONS, QUESTIONS AND CONCERNS E-MAIL US AT: [email protected] The Commander’s Responsibility to Practice Preventive Law 1. BE PROACTIVE, NOT JUST REACTIVE THE new 2012 Commander’s Legal Handbook is designed to assist you in taking proper immediate action when faced with a variety of legal issues that might arise during your command. The purpose of your actions should be to preserve the legal situation until you can consult with your servicing Judge Advocate. However, like most aspects of your command responsibilities, you can fail if you just wait for things to come to you. You need to be proactive in preventing problems before they occur. (Continued on Page 8) VOLUME 3 ISSUE 1 JANUARY-MARCH 2013 The Advocate A PUBLICATION FROM THE OFFICE OF THE STAFF JUDGE ADVOCATE di·vorce n. 1. The legal dissolution of a marriage. 2. A complete or radical severance of closely connected things. From the Latin divortium, divertere, to divert, to leave one's husband. When we divorce, which goods or commodities are ours and which do we have to divide with our former spouse? How do we answer the ever-present question in a divorce: LINK IT UP! RESOURCES ON THE INTERNET. . . . . . . . . 3 WARRIOR LEADER COURSE: Creating Leaders. . . . . . . . . . . . . . . 4 FROM THE CHIEF PARALEGAL NCO: CAREER PROGRESSION.. . . . . . . . . . . . . 7 TOP 10: SITUATIONS WHEN YOU SHOULD IMMEDIATELY CONSULT WITH YOUR SERVICING JUDGE ADVOCATE . . . . . . 12 SUICIDE PREVENTION: THE PUERTO RICO NATIONAL GUARD SUICIDE PREVENTION PROGRAM. . . . . 13 THE dissolution of a marriage is a legal act which is typically a painful process for all concerned. In the U.S., divorce rates have been rising since the beginning of the 20th century, and espe- cially since the 1970s, when no-fault divorce was instituted. Some experts contend that the easing of divorce laws has helped make marriage stronger by rooting it more deeply in personal choice, although it does little to give people the skills needed to work out the inevitable difficulties that arise in mar- riage. Marriage is a legal act that produces personal and patrimonial effects. This relationship carries with it pecuniary conditions between the spouses and be- fore third parties. For this reason it is especially necessary to regulate the eco- nomic means that serve material and monetary projections of the marriage. Such regulation in Puerto Rico is called a marital economic regime. Ac- cording to current statistics, divorces in Puerto Rico outnumber marriages on a yearly basis. Hence, because of its mag- nitude and the effects or consequences on those who go through it, divorce is con- sidered a social problem. Around 50% of marriages in Puerto Rico are said to end in divorce. (Continued on Page 2) WHAT’S MINE... YOURS & OURS ? HEY. . . COMMANDER: PREVENTIVE LAW . . . . . . . . . . . . . . . . . 8 TALKING ABOUT: CITIZENSHIP & THE MILITARY . . . . . . . . . 9 NEWS FROM THE FTC: Active Duty Alerts & your Credit. . 11 AT THE MOVIES: ACT OF VALOR . . . . . . . . . . . . . . . . . . . 14 JAG BOOKSHELF: THE UNITED STATES ARMY 2013 SOCIAL MEDIA HANDBOOK. . . . . 14

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Page 1: The advocate jan mar 2013

FOR COMMENTS, SUGGESTIONS, QUESTIONS AND CONCERNS E-MAIL US AT: [email protected]

The Commander’s Responsibility to Practice Preventive Law

1. BE PROACTIVE, NOT JUST REACTIVE

THE new 2012 Commander’s Legal Handbook is designed to assist you in taking proper immediate action when

faced with a variety of legal issues that might arise during your command. The purpose of your actions should be to

preserve the legal situation until you can consult with your servicing Judge Advocate. However, like most aspects of

your command responsibilities, you can fail if you just wait for things to come to you. You need to be proactive in

preventing problems before they occur. (Continued on Page 8)

VOLUME 3 ISSUE 1 JANUARY-MARCH 2013

The Advocate A P U BL IC A T IO N F R O M T HE O F F IC E OF

T H E ST A F F J U D GE A DVO C A T E

di·vorce n. 1. The legal dissolution of a marriage. 2. A complete or radical severance

of closely connected things. From the Latin divortium, divertere, to divert, to leave one's

husband. When we divorce, which goods or commodities are ours and which do we have to

divide with our former spouse? How do we answer the ever-present question in a divorce:

LINK IT UP! RESOURCES ON THE INTERNET. . . . . . . . .3

WARRIOR LEADER COURSE: Creating Leaders. . . . . . . . . . . . . . .4 FROM THE CHIEF PARALEGAL NCO: CAREER PROGRESSION.. . . . . . . . . . . . . 7

TOP 10: SITUATIONS WHEN YOU SHOULD IMMEDIATELY CONSULT WITH YOUR SERVICING JUDGE ADVOCATE . . . . . . 12

SUICIDE PREVENTION: THE PUERTO RICO NATIONAL GUARD

SUICIDE PREVENTION PROGRAM. . . . . 13

THE dissolution of a marriage is a

legal act which is typically a painful

process for all concerned. In the U.S.,

divorce rates have been rising since the

beginning of the 20th century, and espe-

cially since the 1970s, when no-fault

divorce was instituted. Some experts

contend that the easing of divorce laws

has helped make marriage stronger by

rooting it more deeply in personal

choice, although it does little to give

people the skills needed to work out the

inevitable difficulties that arise in mar-

riage.

Marriage is a legal act that produces

personal and patrimonial effects. This

relationship carries with it pecuniary

conditions between the spouses and be-

fore third parties. For this reason it is

especially necessary to regulate the eco-

nomic means that serve material and

monetary projections of the marriage.

Such regulation in Puerto Rico is

called a marital economic regime. Ac-

cording to current statistics, divorces in

Puerto Rico outnumber marriages on a

yearly basis. Hence, because of its mag-

nitude and the effects or consequences on

those who go through it, divorce is con-

sidered a social problem.

Around 50% of marriages in Puerto

Rico are said to end in divorce.

(Continued on Page 2)

WHAT’S MINE... YOURS & OURS?

HEY. . . COMMANDER: PREVENTIVE LAW . . . . . . . . . . . . . . . . .8

TALKING ABOUT: CITIZENSHIP & THE MILITARY . . . . . . . . .9 NEWS FROM THE FTC: Active Duty Alerts & your Credit. . 11

AT THE MOVIES: ACT OF VALOR . . . . . . . . . . . . . . . . . . .14 JAG BOOKSHELF: THE UNITED STATES ARMY 2013 SOCIAL MEDIA HANDBOOK. . . . .14

Page 2: The advocate jan mar 2013

(Continued from Page 1)

So then… When we divorce… Which

goods, (commodities - assets - property) are

ours and which do we have to divide with

our former spouse? The first thing you need

to do is determine under what economic/

financial regime did you marry. If you had

the opportunity to see our last issue of The

Advocate, you know we’re referring to Pre-

nuptial Agreements. If you have a prenup-

tial agreement in Puerto Rico, it

probably means that you have a

total separation of goods

(assets) with your spouse;

meaning what’s yours is yours

and what’s hers is hers, and

will remain so, during the mar-

riage. If you do not subscribe

to a prenuptial agreement when

you marry, then you are subject

to the financial/economic re-

gime established by the Law in

Puerto Rico, the Legal Society

of Marital Goods (Sociedad

Legal de Bienes Ganaciales),

comprised of both spouses. It is

under this premise that we offer

the following bits of information, regarding

which goods (assets) belong to who, in the

marriage and afterwards in case of a divorce.

When talking about marriage, divorce and

goods in Puerto Rico, there are two basic

categories: Marital and Non-marital Goods

or Property (Gananciales y Privativos).

Non-marital Goods are those belonging to

one spouse, which are brought to the mar-

riage. They might be obtained by the spouse

or acquired as a donation, legacy, descent

(inheritance), redemption or exchange of

owned goods, or bought with private money.

In summary, they are the goods that be-

long to one spouse and do not have to be

divided with the other.

On the other hand, marital goods are

those acquired during the marriage at cost to

the common estate; by the business, wage

and work or as fruits of labor, rent and inter-

est proceeding from marital or non-marital

goods. Within

what is consid-

ered “fruits of

labor” are in-

cluded all sala-

ries, honoraries,

commissions, and

all type of remu-

neration for ser-

vices rendered by

any of the

spouses. All goods acquired during the

marriage are presumed to be of a marital

nature as long as they are not proven to

be non-marital. All goods obtained before

marriage are always non-marital.

Another concept we need to understand is

“personal good” (Bien Personalísimo). This

is a good that belongs only to the person

who acquired it; hence it does not have to be

divided with anyone, regardless if it was

obtained before or after the marriage. So

to put it as simply as possible… Non-

marital = mine 100%, Personal = mine

100%, Marital = ours 50% and 50%.

The following are some of the most common

questions brought to our attention by service

-members, regarding certain goods and how

they are generally classified in Puerto Rico:

The MILITARY RETIREMENT PEN-

SION is a personal good of the spouse

receiving said pension.

The CONTRIBUTIONS made to a

VOLUNTARY NON GOVERNMENT

RETIREMENT PLAN at cost to the mari-

tal estate, are marital.

The CONTRIBUTIONS made by any

employer (private or government) to

your RETIREMENT PLAN are non-

marital.

An ACADEMIC DEGREE is a Non-

marital and personal good of the holder

spouse.

If you win the LOTTERY, the WIN-

NINGS obtained by any of the spouses

are marital.

The DIVIDENDS of private stocks and

stock options PAID IN CASH during the

marriage are marital.

The DIVIDENDS of non-marital stocks

PAID IN STOCK OPTIONS during the

marriage are non-marital.

The COMPENSATION received in a

TORTS action (Daños y Perjuicios) for

physical and emotional damages is of a

non-marital nature.

The INCOME received by a former

spouse, after a divorce sen-

tence has been finalized is

non-marital.

When INCOME is earned

DURING a marriage, it will

be considered a marital good

even if the money is received

after the marriage is dissolved.

SOCIAL SECURITY

BENEFITS are non-marital

and cannot be divided be-

tween spouses when liquidat-

ing a community of marital

goods in case of a divorce.

However, in the case of a

spouse who begins to receive

benefits while still married,

or who dies, the other spouse is entitled to

these benefits.

If you own real property (real estate) of a

non-marital nature, but make USEFUL

IMPROVEMENTS on it while being

married, the increase in value is consid-

ered marital.

When a spouse owns a non-marital plot

of land where you build a structure (e.g.

house) of a marital nature, both the struc-

ture and the plot of land become a marital

good. The spouse who owns the plot does

have right to a credit for the value of the

same when the construction is finished.

This rule does not apply to the building of

a second story, in which case the non-

owner spouse would have right to a credit

for the improvement done to the existing

structure, as stated in the previous para-

graph.

2

Page 3: The advocate jan mar 2013

DEBTS and OBLIGATIONS incurred or

contracted during the marriage by any of

the spouses are marital, as long as there is

no hidden or fraudulent intention to

harm the other spouse.

ARREARS and CREDITS accrued from

obligations affecting both personal and

marital goods are considered marital.

REPAIRS done on a marital property by

any of the spouses are marital in nature.

FAMILY SUSTAINMENT and EDUCA-

TION of any of the spouses’ children are

marital.

PERSONAL LOANS are marital.

Anything lost and paid through GAM-

BLING is marital.

Anything lost and not paid by a spouse in

LAWFUL GAMBLING is marital.

FINES received during the marriage are

non-marital in nature. If marital income is

used to pay fines, the other spouse would

have the right to claim a credit for half of

said payment, in case of a divorce.

DEBTS incurred by any of the spouses

from the date a divorce suit is presented in

court are non-marital.

In general terms, the Legal Society of Mari-

tal Goods is the owner of all goods

(property) acquired by the marriage, as well

as responsible for all debts and obligations

incurred. This Society ceases to exist when a

divorce is finalized, the marriage is annulled

or when one of the spouses dies. From the

moment this happens, a community of goods

is created between the ex-spouses.

In Puerto Rico, the division of assets of this

newly formed community does not usually

take place during the divorce proceeding.

For this reason, a separate and independent

legal action must be initiated after the di-

vorce is finalized, in order to divide all as-

sets, which include goods, debts and obliga-

tions. The only way a division of assets takes

place within a divorce proceeding is when

the divorce process takes place under mutual

consent (consentimiento mutuo) or when an

agreement is reached between both parties,

and is presented as such to the Court. Hence,

if you do not divorce under mutual consent

or reach an agreement with your spouse, you

have to initiate a separate legal action re-

questing the division of marital assets, after

the divorce process is finalized.

The division of assets process starts with a

claim where all marital goods, debts and

obligations are detailed. It is followed by a

discovery phase where both parties have the

opportunity to compile all the evidence nec-

essary and which will be presented at trial.

The Court will evaluate the evidence and

adjudicate half of all the goods to each of the

former spouses, as well as half of the respon-

sibility over the payment of all debts and

obligations incurred during the marriage.

When there are children involved, the custo-

dial parent has the right to claim “safe

home” for the minors, and the parents cannot

request their participation in the property

that constitutes the minors’ safe home, until

all have reached legal age, which in Puerto

Rico is 21 years of age.

As we have stated before and as many peo-

ple who have gone through it know, divorce

is a particularly uncomfortable process,

which for better or worse has become a part

of our society’s daily affairs. In the United

States this is a matter left for each state to

determine on its own, how it takes place and

how property is divided among the spouses

when it is finalized. Though many U.S.

States and Territories, including Puerto Rico

have similar laws pertaining to divorce and

the division of marital assets, there are still

many differences on how these procedures

and legal actions take place in different juris-

dictions. For this reason, it is always a smart

move to consult with a licensed attorney if

you are considering divorce.

Keep in mind that the information provided

in this article does not constitute legal ad-

vice, and in no way can it substitute the

analysis and conclusions that a licensed at-

torney may reach, if given the opportunity to

examine the particulars of your case. Each

situation is different, and each case merits its

own evaluation. If anything the information

provided above should encourage you to

seek proper legal counsel, and as always

remember that you can obtain further infor-

mation from your servicing Judge Advocate

and the Legal Assistance section of the Of-

fice of the Staff Judge Advocate at Tel. 787-

289-1400, Extension 1030.

3

Page 4: The advocate jan mar 2013

By: Sgt. Javier Fontánez, J.D.

Legal NCO

LEADERSHIP

The process of influencing people by

providing purpose, direction, and motivation,

while operating to accomplish the mission

and improve the organization. ________________________________________________________

I don’t think I’ll ever forget this definition

of leadership as long as I live. At least I hope

I never do. It was engrained in my mind

from the very first day of Warrior Leader

Course; and I think it is the most important

thing I took from it. It may seem simple to

some, but the reality is that leadership is not

a quality that everyone instinctively has.

Some have a natural disposition, and others

have to work at it. When junior NCOs reach

WLC it isn’t to become leaders. As our

instructors would say; if you’re here, you’re

already a leader. We’ll just give you the

tools to make you a better one.

Warrior Leader Course (WLC) is the

foundational and first course in the NCO

Educational System (NCOES). It trains pro-

spective and newly appointed sergeants of

the Active and Reserve Components in basic

leadership skills and noncommissioned offi-

cer duties and responsibilities. WLC is a

common core course that addresses the au-

thority of NCOs and instructs on effectively

conducting individual and selected collective

training tasks. Through its training regimen,

it builds competent first line leaders for the

U.S. Army’s teams, sections and squads.

The bottom line: WLC teaches young NCOs

how to lead soldiers.

In Puerto Rico this course is managed and

offered by the 201st Regimental Training

Institute’s NCO Academy, at their facilities

in Fort Allen. Commanded by Colonel

Efrain Soto, this unit offers a great deal of

training opportunities for all members of the

PRNG as well as members of other National

Guards, the Reserves, Active Duty personnel

and even international students.

Recently, I had the opportunity to attend

WLC at this NCO Academy, and right off

the bat I have to say that I was very im-

pressed with the level of preparation, dedica-

tion and professionalism demonstrated by

everyone involved with this course. From

the Commander and instructors, down to the

medics and all the support personnel, the

level and quality of the work they do is for

lack of a better word, exemplary. Each sol-

dier’s experience while attending this type of

course may vary. I don’t pretend to know

what that may be for everyone, and what

follows is based on my experience as a

member of WLC Class 006-12.

The course is non-MOS specific, taught in

a live-in environment using classroom in-

struction with practical application, followed

by hands-on, performance-oriented training

conducted in a field training environment,

culminating with a situational field training

exercise (STX). The Small Group Leaders

(SGLs) assess the students’ leadership po-

tential and evaluate their ability to apply

lessons learned and effectively lead their

classmates in a tactical environment.

It is not designed to teach soldiers how to

fight in specific theaters of operation. The

goal is not to train soldiers to fight in spe-

cific environments; their job is to teach the

basic doctrinal principles which can be used

and applied no matter what situation you are

in. Improvement starts with a curriculum

calling upon soldiers to push beyond their

comfort zones and perform tasks expected of

a well-rounded leader. For example, an in-

fantry sergeant must still know how to write

a memorandum and a paralegal specialist

must know how to conduct tactical move-

ments in a squad formation. Participants are

repeatedly called upon throughout the

course, to lead from the front. In order to

graduate, these sergeants (as they are called

during the course, regardless of rank) lead

their peers through Physical Readiness

Training, inspect and march a squad, brief a

class on important historical contributions

made by NCOs and teach an individual war-

rior task or skill.

4

Page 5: The advocate jan mar 2013

5

In terms of difficulty, WLC is not an im-

possible course. It all depends on each indi-

vidual’s capacity and abilities, no less im-

portant the ability to adapt. During the initial

days many will find it difficult to adjust to

different aspects of the curriculum. For

some who are not used to sitting in a class-

room environment for long periods of time,

staying awake in class might be the largest

obstacle to overcome. For others, lack of

sleep might be their biggest challenge,

though some SGLs believe that we spend a

lot of our time in life sleeping (25 years ac-

cording to one of our SGLs). As I am not a

combat arms soldier, I figured the hardest

part for me would be the tactical aspect of

the course. We however, faced each new

challenge thrown at us by the SGLs with a

positive, if not naive attitude; to which most

SGLs would reply with an ominous “We’ll

See…”

As you would expect, WLC is a school-

house environment. For many it’s a

flashback down memory lane, back to basic

training. Each SGL has their own leadership

and teaching style, but there seems to be, as

it should, an ever present standard which is

common to all. Like many, if not all training

environments in today’s army, teamwork is

the key. Yes, there is a certain degree of

individual accomplishment that has to be

demonstrated, but it seems to me that the

element that is mostly stressed during all

evolutions of training during WLC is team-

work. As it is commonly said, a team is as

strong as its weakest member. There may be

soldiers whose strengths lie on the academic

portion of the course, while others may be

more inclined to the physical and tactical

aspect. The goal of WLC is to develop well

rounded soldiers. This means that every

NCO should be able to perform all aspects

of the total soldier concept. If you go into

the course thinking you’re going to do it all

on your own, then you are sadly mistaken.

That’s precisely the point of it all. NCOs

don’t work alone, and leadership is not a

solo act. It is very easy to motivate yourself

to do something at a certain standard, if you

really want it. The challenge lies in motivat-

ing others to do the same, that’s leadership.

I learned this the hard way, so to speak. I

believe I’ve always had a very solid notion

of what teamwork is; for me that wasn’t the

hard part. Even motivating others to do

something didn’t seem as difficult; the diffi-

cult part was motivating others to meet a

certain standard, and with the SGLs, it’s all

about the standard. A few days into the

course, we’re getting ready to take our first

of many examinations; I get called out of the

chow line by the Senior SGL. I immediately

go before him and stand at parade rest… He

looks at me and asks: “How’s everything

going SGT Fontanez?” “Everything’s fine

Senior” I respond; and then he drops it on

me. “So what are you going to do to moti-

vate my soldiers to pass the Test?” Right off

the bat I don’t know what to answer him,

and I just tell him that I would figure it out

and get it done. I return to the line and im-

mediately go into a daze wondering how in

the world am I going to do this? Here I was

concentrating on getting myself through the

course, when all of a sudden I have to figure

out how I’m going to get my peers to do the

same. I have to admit that I struggled with

this question for a while. Later on I got to

thinking about what was said to us on the

first day of the course. You’re not here to

become leaders… You already are. We’re

here to make you better ones. This is the

primary goal of the WLC. Getting you out

of your comfort zone, and making you think

on what kind of leader you are, the kind of

leader you want to be and the kind of leader

you should be.

As WLC is a common core course and the

first step in the NCOES all of its participants

have different MOSs; all of them bringing

different views and personal experiences to

the table. The 201st RTI’s NCO Academy

hosts soldiers from many jurisdictions and

components, not just the PRNG. Members

from the Reserves both from Puerto Rico

and other states of the Union, take part of

this course, as well as members of other

National Guards such as the Virgin Islands

National Guard. This diversity provides the

unique opportunity to meet and create im-

portant networks with other NCOs that in

good probability will last for years; as the

RTI’s CSM states, the relationships you

establish here, will follow you throughout

your career, and will at times prove them-

selves very useful. And in contrast, the op-

posite is also true; the way you act and han-

dle yourself in WLC will follow you

throughout your career as well. It can be the

beginning of a brilliant reputation or it can

forever haunt you. Like everything in life,

there are many kinds of NCOs. You can be

known for the good qualities or the not so

good ones, it’s your choice, and it begins

with WLC.

Page 6: The advocate jan mar 2013

No matter how “high speed” you may

think you are, WLC will make you re-

evaluate everything you thought you knew

about how to do your job and what leader-

ship is. I believe that many come out with a

new sense of purpose, a sort of inspiration to

put into action the new found knowledge and

experience you just obtained from this

course. When soldiers return to their units

after completing this course everything they

used to do seems to carry a different mean-

ing or at least a reason for being. I don’t

mean to get philosophical or anything re-

motely similar. But you know what the stan-

dard is, and what it can accomplish, and you

want to make it your own, incorporate it to

your everyday duties

and responsibilities,

hoping that in itself this

alone will motivate

others to do the same,

hence improving the

way the job is done and

by definition leading by

example. Others who

thought you were once

a good leader will start

to think that you can be

an even better one,

when given the right

tools and an opportu-

nity to demonstrate it,

and in that way every-

one benefits from the

lessons learned in

WLC. I can’t think of a

better testimony as to

the importance of this

course within our or-

ganization’s structure

and its aspirations. In the end you may very

well realize that through teamwork you did-

n’t really just motivate your peers to accom-

plish the goals of the course and meet their

standards, but that in fact everyone moti-

vated each other as one team.

Throughout the course the SGLs would

remind us of the contribution we as a class

would leave for future participants, a legacy

of sorts. This is something that was always

present in my mind. Like so many other

times when we were asked to do something

for which we had no quick answer, I dwelled

on the question for days. It wasn’t until the

last day after graduation, that it dawned on

me. The contributions we as a class could

make to the betterment of the course would

not be redeemable right then and there. The

truth is that our legacy as a class will make

itself known after we leave the academy.

When we take the tools and knowledge ac-

quired, and put it into practice. When we as

NCOs fulfill the words of our creed, to ac-

complish our mission and look out for the

welfare of our soldiers, that’s when our true

legacy will become apparent.

So after two weeks of training, a group of

people who for the most part did not know

each other to begin with, became a team. As

all shared common achievements, others

would celebrate personal ones at the time of

graduation. And if you were lucky enough,

you had a few new friends. For even the

ones who thought WLC was a piece of cake,

completing the course is nothing short of a

milestone. Personally, I feel blessed to have

had the opportunity, not just to take part of

the course, but for the people I met, and

those from whom I learned to be a better

NCO. Not just the instructors, but my fel-

low sergeants as well, who gave me the op-

portunity to lead and follow. And to the in-

structors, no matter how tough and dry and

unemotional they might be required to be

during the course… you’re not fooling any-

one. It’s been a while since I’ve seen a more

dedicated group of people in the years I’ve

been a member of our National Guard; as

one SGL would say, “Believe Me So!”

And since I don’t want to finish this piece

without acknowledging each one here we

go:

SSG Paolo “Somebody ain’t gonna make it!” Mendez

SSG José “I’m too cool for a catch phrase” Gonzalez

SSG Ramón “Believe me so!” Ocasio

SSG Walter “I like this one” Rivera

SSG Sammy “4 hours of sleep is plenty” Santiago

SSG José “I’d care if I had a heart” Jimenez

SSG Melvin “We’ll See” Santiago

SSG José “Don’t confuse kindness for weakness” Freytes

SFC Raul “Deuces Out” Cedeño, a.k.a. Senior

So in conclusion, WLC may be the first

step in the development of NCOs, but in no

way does the experience diminish the influ-

ence and impact this

course has on all other

courses in a soldier’s

career progression. As

in many other things,

the foundation is most

important when build-

ing a solid structure.

When developing

NCOs, the foundation

provided by WLC is

the base upon which all

other professional

courses will build on.

This is the importance

of the Warrior Leader

Course, so as our Creed

states, we never forget,

nor do we allow our

comrades to forget that

we are professionals,

Noncommissioned

Officers, Leaders!

“This may surprise some people,

but I think the most important

product of this institution (U.S.

Army Sergeants Major Academy

– USASMA) isn’t the Sergeants

Major Course, it’s WLC,” -

“That’s where we are training

the junior NCOs of tomorrow,

the first-line leaders. That’s

their first exposure to learning

the skills needed to lead Sol-

diers, and a tremendous respon-

sibility for us.”

SMA Raymond Chandler III

(Then CSM of the USASMA)

6

Page 7: The advocate jan mar 2013

7

IN May 2011 our JAGC Regimental

Command Sergeant Major, CSM Troy Tyler

published the following message:

-“Little over a year ago, our

Skill Level 1 (SL1) Soldiers

(E4 and below) were at criti-

cally low levels. As a result of

hard work by our HRC Career

Managers and our great team

at Fort Jackson, we not only

eliminated that deficit, but are

now well above our authorized

SL1 numbers. You may have

noticed and enjoyed the bene-

fits of this surplus.

Currently the Army is in the

process of restructuring and

drawing down forces. As a

part of this process, the Army

is looking at all MOSs to de-

termine their strengths and

address over-strength MOSs.

As I noted above, the 27D

MOS, at SL1, is now among the over-

strength MOSs. This means that SL1

Soldiers currently holding the 27D MOS

may not be allowed to re-enlist as a 27D.

SL1 27D Soldiers otherwise eligible to

reenlist, but not allowed to remain in our

MOS, will be allowed to select any other

MOS for which they qualify or can re-

enlist for "the needs of the Army."

Noncommissioned Officers at every

level: increase your involvement in Sol-

dier counseling and keep your Soldiers

informed of this and other changes. Help

your Soldiers through this process. If

you are not familiar with the information

needed to advise your Soldiers, I urge

you to reach out to your Career Coun-

selors for the latest information.

Be prepared to answer tough questions

and properly inform your Soldiers of the

options that are available to them. I

would rather not lose any Paralegals

because I know the amount of hard work

that goes into earning our MOS. The

reality, however, is that we cannot keep

everyone.

This will be a challenging and difficult

process, but with proper NCO involve-

ment and leadership we can help to

minimize the effect on our Soldiers and

on our Corps. Information and commu-

nication are key — as always. Let's meet

this challenge head-on and continue to

provide the best possible care for our

Soldiers. They deserve, and we owe

them, nothing less.”-

With these words, the topic of career pro-

gression jumped into center stage for all

enlisted personnel in the JAG Corps. The

message was clear and the objective a difficult

one. We needed to make room for our soldiers

to advance and grow as professionals in order

to remain in the Corps. It boiled down to a

simple truth, the JAG Corps was to become a

strictly NCO comprised organization.

Career progression is an aspect of the mili-

tary profession that affects all branches and job

specialties. The Judge Advocate General’s

Corps is not alone in addressing this issue. All

Corps in the U.S. Army have to address it.

Regardless of their MOS, competent and confi-

dent Noncommissioned Officers are the result

of progressive and sequential education, train-

ing, and experience. Yet, none of these provide

effective results, without proper mentoring and

tracking of individuals’ career progression by

their leaders.

NCOs grow professionally through the

three domains of leader development:

Institutional Training, Operational As-

signments, and Self-Development. In all

three domains, the goal remains the same:

to develop professional, competent and

confident leaders capable of maintaining a

trained and ready expeditionary Army to

deter war and to engage and defeat an

enemy in battle when necessary. (AR 600-25)

However, even if these three domains com-

plement each other, there is a determining

factor in a soldier’s motivation, and that is the

opportunity for growth both in responsibility

along with the timely and fair promotion in

rank. In the daily hustle and bustle of our du-

ties we sometimes forget that there

are M-Day and permanent soldiers

that DO make an effort to advance

in their military careers. They

attend scheduled drills, complete

training courses and fully meet

with requirements, but remain

stagnant due to limited availability

of duty positions.

AR 600-25 states that :

Successful NCOs take personal

responsibility for their profes-

sional development by carefully

planning for institutional and

functional training courses,

requesting challenging opera-

tional assignments, and maxi-

mizing every opportunity for

self-development. In addition to

exercising personal responsibil-

ity, successful NCOs seek the full sup-

port of their supervisors and command-

ers. Those who lean forward to meet

Army needs will excel. Individual

choices will shape careers. Successful

leaders will look for and routinely ex-

ceed their own personal comfort zone.

Career progression and self-development

go hand in hand, and there is no substitute for

an individual’s own efforts in their own ad-

vancement, so ask yourself… Do you know

who in your unit or command tracks a soldier’s

career development and progression? Who has

the critical responsibility of developing our

future leaders? Information and communica-

tion is the key. The responsibility of a soldier’s

career progression lies in both leaders and indi-

vidual soldiers.

SFC Francisco I. Chiroque, J.D.

CPNCO, Puerto Rico National Guard

Page 8: The advocate jan mar 2013

8

(Continued from Page 1)

IN the legal arena, this means establish-

ing high standards, ensuring your Soldiers

are fully aware of those standards and prop-

erly trained to comply with them. You must

also properly train your soldiers on all army

policies and higher level command standards

so that they also understand and

comply with them. Soldiers must

also be well-versed in the Army

Values and be able to apply those

values to real world situations,

which will usually keep them well

within legal bounds.

All soldiers have seen issues in

the news that can occur when we are

not proactive about discipline and

standards: Abuse of prisoners, dese-

cration of corpses, hazing, and sex-

ual assault to name recent examples.

All of these circumstances present serious

legal issues. But, fundamentally, they also

represent a breakdown in unit standards,

training and discipline. Your objective as a

Commander should be to develop solid sys-

tems and a command climate that prevents

legal issues, rather than just reacting to them.

In sum, it is every bit as important to train

your soldiers to maintain a high level

of discipline and compliance with law,

policy, and military standards, as it is

to train them to perform your Mission

Essential Task List (METL). In legal

circles, we call this effort to prevent

legal problems before they arise by

properly training Soldiers, “preventive

law.” The responsibility to practice preven-

tive law belongs to the Commander.

2. PREVENTIVE LAW

While responsibility for practicing preven-

tive law remains with the Commander, your

servicing Judge Advocate stands ready to

assist you in meeting this responsibility. One

of the most valuable services a Judge Advo-

cate can provide to a Commander is elimi-

nating problems before they ever occur

through a robust preventive law program.

While preventive law is often contemplated

in the context of the legal assistance pro-

gram, e.g. a class on avoiding unscrupulous

payday lenders or auto dealers using bait and

switch schemes, the concept of preventive

law is central to good order and discipline as

well. For example, proper training and em-

phasis on the standards contained in a Gen-

eral Order #1 prior to entering a Theater of

Operations can go a long way toward avoid-

ing the types of problem mentioned above.

Your servicing Judge Advocate can help you

to properly emphasize these standards in a

number of ways. For example, they can help

you to cover how previous Soldiers have

violated this directive and the administrative

and punitive action that followed the of-

fenses without violating due process, pri-

vacy, or practicing undue command influ-

ence. They can also help you to analyze sys-

tems and look at weak points and

behaviors in your organization that,

while not violating the law now,

might lead to legal issues. For exam-

ple, they can help you to craft poli-

cies for barracks living arrange-

ments, curbing abuse of alcohol, and

providing security while respecting

privacy – all of which can help to

prevent sexual assaults.

So, as you read and use this guide,

please do not use it as an excuse to

avoid your servicing Judge Advo-

cate. We hope that you will reach

out to your lawyer, and that they will reach

out to you, so that through your relationship

with this important member of your personal

staff, you can receive the advice and assis-

tance you need to have an exceptional and

rewarding command experience.

Some may believe that there aren’t enough

opportunities for all to advance. This is a real-

ity with which we must deal. Our leaders can-

not create opportunities from thin air. It is a

process that takes time and in most cases

money. With our national economy in crisis

and the drawback of personnel in current de-

ployments, the Army is looking to cut down on

spending. It is only natural that this affects us

in ways we may not like, but we must all carry

some of the weight. Instead of placing blame

on our command, we must see this opportunity

as a challenge to remain ready and relevant

with the organization’s current and ever chang-

ing needs. Regardless of cutbacks and reduc-

tions we must remain resilient; we cannot af-

ford losing soldiers who are valuable assets to

the National Guard. We must not believe that

there is nothing more we can achieve in our

chosen profession.

As leaders we have to acknowledge the impor-

tance of our soldiers’ career progression as it

benefits them, and all of us as an organization

in our leadership formula. Motivation, dedica-

tion and purpose are guaranteed when you look

after a subordinate’s career progression. This

the way we influence others and improve our

organization. Our National Guard’s vision as

proposed by our command is to be the premier

organization for the Americas; and its mission,

to provide ready and relevant units in support

of our State and National Strategy. Accom-

plishment of this vision and mission starts with

each individual member. I have no doubt in my

mind that as our JAGC Regimental CSM

says… We will meet this challenge head-on

and continue to provide the best possible care

for our Soldiers. They deserve, and we owe

them, nothing less. One Team!

Page 9: The advocate jan mar 2013

THE USCIS recognizes the important sac-

rifices made by non-U.S. citizen members of

the U.S. armed forces and their families.

USCIS is committed to processing their

naturalization applications in a timely and

efficient manner while providing exemplary

customer service, maintaining the integrity

of the immigration system, and maintaining

the security of the process.

Members of the U.S. armed forces and their

dependents (spouses and children) may be

eligible for citizenship, to include expedited

and overseas processing, under special pro-

visions of the Immigration and Nationality

Act (INA).

Citizenship for Military Members

Members of the U.S. armed forces may be

eligible for citizenship by qualifying for

naturalization through military service under

Section 328 or 329 of the INA.

Citizenship for Spouses

& Children of Military Members

Spouses of U.S. citizen members of the U.S.

armed forces who are (or will be) deployed

may be eligible for expedited naturalization

or for overseas processing. Children of U.S.

citizen military members deployed abroad

may be eligible for overseas processing.

Citizenship

for military members

Members and certain veterans of the U.S.

armed forces may be eligible for naturaliza-

tion through their military service under

Section 328 or 329 of the Immigration and

Nationality Act (INA). Additionally, the

INA provides for posthumous naturalization

under section 329A.

General Requirements & Exceptions

Qualifying military service is generally in

the U.S. Army, Navy, Air Force, Marine

Corps, Coast Guard, and certain components

of the National Guard and the Selected Re-

serve of the Ready Reserve. The general

requirements for naturalization may be di-

minished or waived for qualifying service

member.

Naturalization through One Year of

Qualifying Service during “Peacetime”

Generally, a person who has served honora-

bly in the U.S.

armed forces at any

time may be eligible

to apply for naturali-

zation under section

328 of the INA. The

military community

sometimes refers to

this as “peacetime

naturalization.”

In general, an applicant for naturalization

under Section 328 of the INA must:

Be age 18 or older

Have served honorably in the U.S.

armed forces for at least 1 year and, if

separated from the U.S. armed forces,

have been separated honorably

Be a permanent resident at the time of

examination on the naturalization appli-

cation

Be able to read, write, and speak basic

English

Have a knowledge of U.S. history and

government (civics)

Have been a person of good moral

character during all relevant periods un-

der the law

Have an attachment to the principles

of the U.S. Constitution and be well dis-

posed to the good order and happiness of

the U.S. during all relevant periods under

the law

Have continuously resided in the

United States for at least five years and

have been physically present in the United

States for at least 30 months out of the 5

years immediately preceding the date of

filing the application, UNLESS the appli-

cant has filed an application while still in

the service or within 6 months of separa-

tion. In the latter case, the applicant is not

required to meet these residence and

physical presence requirements.

Naturalization through Qualifying Service

during Periods of Hostilities

Generally, members of the U.S. armed

forces who serve honorably for any period of

time (even 1 day) during specifically desig-

nated periods of hostilities (see below) are

eligible for naturalization under section 329

of the INA through such military service.

In general, an applicant for naturalization

under INA 329 must:

Have served honorably in active-duty

status, or as a member of the Selected

Reserve of the Ready Reserve, for any

amount of time during a designated pe-

riod of hostilities and, if separated from

the U.S. armed forces, have been sepa-

rated honorably

Have been lawfully admitted as a per-

manent resident at any time after enlist-

ment or induction, OR have been physi-

cally present in the United States or cer-

tain territories at the time of enlistment or

induction (regardless of whether the ap-

plicant was admitted as a permanent resi-

dent)

Be able to read, write, and speak basic

English

Have a knowledge of U.S. history and

government (civics)

Have been a person of good moral

character during all relevant periods un-

der the law

Have an attachment to the principles

of the U.S. Constitution and be well dis-

posed to the good order and happiness of

the U.S. during all relevant periods under

the law

There is no minimum age requirement for an

applicant under this section. The designated

periods of hostilities are:

Apr 6, 1917 to Nov 11, 1918

Sept 1, 1939 to Dec 31, 1946

Jun 25, 1950 to Jul 1, 1955

Feb 28, 1961 to Oct 15, 1978

Aug 2, 1990 to Apr 11, 1991

Sept 11, 2001 until the present

The current designated period of hostilities

starting on September 11, 2001, will termi-

nate when the President issues an Executive

Order terminating the period.

Note: current members of the U.S. armed

forces who qualify for naturalization under

sections 328 or 329 of the INA can proceed

with their naturalization application either in

the United States or overseas.

9

Page 10: The advocate jan mar 2013

Application Processing

Service members are not charged filing or

biometrics fees. Service members should

complete the applications stated below to

apply for naturalization:

Form N-400, Application for Natu-

ralization

Form N-426, Request for Certifica-

tion of Military or Naval Service

(establishes periods of honorable ser-

vice certified by the military)

Note: Every military installation should have

a designated point-of-contact (POC) to han-

dle your application and certify your Re-

quest for Certification of Military or Naval

Service (Form N-426). You should inquire

through your chain of command to find out

who this person is so they can help you with

your application packet.

The designated POC may assist you with the

following:

Certification of Form N-426

Information about fingerprinting and

how to comply with the fingerprint-

ing requirement

Submitting the N-400 package to the

Nebraska Service Center (NSC) at

the following address.

The Nebraska Service Center

PO Box 87426

Lincoln, NE 68501-7426

Once your application is received, the NSC

will review the application and send it to the

USCIS office closest to your location. If you

have a preference as to where you would

like to be interviewed, you may provide that

information in a cover letter attached to your

naturalization packet.

The USCIS office will set a date to interview

you to determine your eligibility for naturali-

zation. If your application for naturalization

is approved, USCIS will inform you of the

date you can take the oath of allegiance.

Posthumous Citizenship

for Military Members

Generally, individuals who served honorably

in the U.S. armed forces and who died as a

result of injury or disease incurred while

serving in an active duty status during speci-

fied periods of military hostilities, as listed

above, may be eligible for posthumous citi-

zenship under section 329A of the INA.

Form N-644, Application for Posthumous

Citizenship, must be filed on behalf of the

deceased service member within 2 years of

his or her death. If approved, a Certificate of

Citizenship will be issued in the name of the

deceased veteran establishing posthumously

that he or she was a U.S. citizen on the date

of his or her death.

Citizenship for spouses and

children of military members

Spouses of U.S. citizen members of the U.S.

armed forces (service members) may be

eligible for expedited or overseas naturaliza-

tion.

Children of service members may be eligible

for overseas naturalization.

Expedited Naturalization for Spouses of

Military Members

Spouses of U.S. citizen service members

who are (or will be) deployed may be eligi-

ble for expedited naturalization in the United

States under Section 319(b) of the Immigra-

tion and Nationality Act (INA).

In general, an applicant for naturalization

under section 319(b) of the INA must:

Be age 18 or older

Establish that his or her U.S. citizen

spouse is deployed abroad as a service

member

Be present in the U.S. pursuant to a

lawful admission for permanent residence

(green card holder) at the time of exami-

nation on the naturalization application

Be present in the U.S. at the time of

naturalization

Declare in good faith upon naturaliza-

tion an intent to reside abroad with the

U.S. citizen spouse and to reside in the

U.S. immediately upon the citizen

spouse’s termination of service abroad

Be able to read, write, and speak basic

English

Have a basic knowledge of U.S. history

and government (civics)

Have been, and continue to be, a per-

son of good moral character, attached to

the principles of the U.S. Constitution and

well disposed to the good order and hap-

piness of the U.S. during all relevant peri-

ods under the law.

Overseas Naturalization for Spouses of

Military Members

The National Defense Authorization Act for

Fiscal Year 2008 added Section 319(e) to the

INA which allows certain eligible spouses of

service members to naturalize abroad with-

out traveling to the United States for any

part of the naturalization process and also

treats qualifying residence abroad as resi-

dence and physical presence in the U.S. for

purposes of naturalization.

In general, to be eligible for naturalization

abroad pursuant to section 319(e) of the

INA, the permanent resident spouse of a

member of the U.S. armed forces must:

Be authorized to accompany the ser-

vice member abroad pursuant to the

member's official orders

Be residing abroad with the member

in marital union

Meet the requirements of either Sec-

tion 316(a) or 319(a) of the INA at the

time of filing the naturalization applica-

tion, except for the residence and physical

presence requirements.

Section 319(a) applies to spouses of U.S.

citizens who have been permanent residents

for 3 years immediately preceding the date

of filing the naturalization application and

who have lived in marital union with their

citizen spouses for at least those 3 years.

Section 316(a) applies to spouses who have

been permanent residents for 5 years imme-

diately preceding the date of filing the natu-

ralization application.

For more information, including how to ap-

ply, see the “Fact Sheet: Requirements for

Naturalization Abroad by Spouses of Mem-

bers of the U.S. armed forces” link to the

right.

Overseas Naturalization for Children of

Military Members

The National Defense Authorization Act for

Fiscal Year 2008 amended Section 322 of

the INA to allow certain eligible children of

service members to become naturalized U.S.

citizens without having to travel to the

United States for any part of the naturaliza-

tion process.

Under section 322 of the INA, a parent who

is a U.S. citizen (or, if the citizen parent has

died during the preceding 5 years, a citizen

grandparent or citizen legal guardian) may

apply for naturalization on behalf of a child

born outside of the United States who has

not acquired citizenship automatically under

section 320 of the INA. The general condi-

tions are that:

10

Page 11: The advocate jan mar 2013

11

At least one parent is a U.S. citizen or, if

deceased, the parent was a U.S. citizen at the

time of death.

The U.S. citizen parent or his or her U.S.

citizen parent has (or at the time of death

had) been physically present in the United

States or its outlying possessions for at least

5 years, at least two of which were after

attaining the age of 14.

The child is under the age of 18 years.

The child is residing outside of the United

States in the legal and physical custody of

the U.S. citizen parent (or, if the citizen par-

ent is deceased, an individual who does not

object to the application).

The child is temporarily present in the

United States after having entered lawfully

and is maintaining lawful status in the

United States.

Pursuant to section 322(d) of the INA, a

child of a member of the U.S. armed forces

who is abroad with the service member pur-

suant to official orders is not required to be

present in the United States pursuant to a

lawful admission, and the U.S. citizen parent

service member may count any period of

time of residence abroad on official orders as

physical presence in the United States. For

more information, including how to apply,

see the “Overseas Naturalization Eligibility

For Certain Children of U.S. armed forces

Members” link to the right.

Military help line

USCIS has established a toll-free military

help line, 1-877-CIS-4MIL (1-877-247-

4645), exclusively for members of the mili-

tary and their families. USCIS customer

service specialists are available to answer

calls Monday through Friday from 8 a.m.

until 4:30 p.m. (CST), excluding federal

holidays.

After-hours callers will receive an email

address that they can use to contact USCIS

for assistance. Callers will receive assistance

with immigration-related information, such

as:

Tracking their Form N-400, Application

for Naturalization.

Notifying USCIS of a new mailing ad-

dress or duty station.

Checking the status of any other applica-

tion or petition.

Bringing a spouse, fiancé, or adopted

child to the United States.

Obtaining posthumous citizenship for a

deceased member of the U.S. Armed Forces.

Submitting an application for expedited

processing.

Members of the U.S. armed forces and their

families stationed in the United States or

overseas may access the help line using the

toll-free number through their base tele-

phone operator or using the Defense

Switched Network (DSN).

Operators will ask members of the general

public to call the main customer service line.

THE last thing you want to worry about

while you're on deployment is someone assum-

ing your identity to commit financial fraud.

Now, you don't have to. Amendments to the

Fair Credit Reporting Act allow you to place

an "active duty alert" in your credit report.

According to the Federal Trade Commission,

one of the agencies that enforce the FCRA, the

alert requires creditors to verify your identity

before granting credit in your name.

Your credit report contains information on

where you live, how you pay your bills, and

whether you've been sued, arrested, or filed for

bankruptcy. Nationwide consumer reporting

companies sell the information in your report

to creditors, insurers, employers, and other

businesses that use it to evaluate applications

for credit, and a host of other activities, includ-

ing insurance, employment, or renting a home.

Your credit report can be a tool to help

you guard against - or discover - identity theft,

which occurs when someone uses your per-

sonal information - like your name, your Social

Security number, or your credit card number -

to commit fraud. Identity thieves may use your

information to open a new credit card account

in your name. Then, when they don't pay the

bills, the delinquent account is reported on

your credit report. Inaccurate or fraudulent

information could affect your ability to get

credit, insurance, or housing, now or in the

future. People whose identities have been sto-

len can spend months or years cleaning up the

mess the thieves have made of their names and

credit records.

If you are a member of the military and

away from your usual duty station, you may

place an "active duty alert" on your credit re-

port to help minimize the risk of identity theft

while you are deployed. When a business sees

the alert on your credit report, it must verify

your identity before issuing you credit. The

business may try to contact you directly, but if

you're on deployment, that may be impossible.

As a result, the law allows you to use a per-

sonal representative to place or remove an

alert. Active duty alerts on your report are ef-

fective for one year, unless you request that the

alert be removed sooner. If your deployment

lasts longer, you may place another alert on

your report.

To place an "active duty" alert, or to have

it removed, call the toll-free fraud number of

one of the three nationwide consumer reporting

companies: Equifax, Experian, or Trans Union.

The company will require you to provide ap-

propriate proof of your identity, which may

include your Social Security number, your

name, address, and other personal information.

EQUIFAX: 1-800-525-6285

www.equifax.com

EXPERIAN: 1-888-EXPERIAN (397-3742)

www.experian.com

TRANSUNION: 1-800-680-7289

www.transunion.com

Contact only one of the three companies

to place an alert - the company you call is re-

quired to contact the other two, which will

place an alert on their versions of your report,

as well. If your contact information change

before your alert expires remember to update

it.

When you place an active duty alert, your

name will be removed from the nationwide

consumer reporting companies' marketing lists

for prescreened offers of credit and insurance

for two years - unless you ask that your name

be placed on the lists before then. Prescreened

offers - sometimes called "preapproved" offers

- are based on information in your credit report

that indicates you meet certain criteria set by

the offeror.

To learn more about identity theft and

your credit rights under the FCRA and the Fair

and Accurate Credit Transactions Act, visit

ftc.gov/credit.

The FTC works to prevent fraudulent,

deceptive and unfair business practices in the

marketplace and to provide information to help

consumers spot, stop and avoid them. To file a

complaint or get free information on consumer

issues, visit ftc.gov or call toll-free, 1-877-FTC

-HELP (1-877-382-4357); TTY: 1-866-653-

4261. Watch a video, How to File a Complaint,

at ftc.gov/video to learn more. The FTC enters

consumer complaints into the Consumer Senti-

nel Network, a secure online database and

investigative tool used by hundreds of civil and

criminal law enforcement agencies in the U.S.

and abroad.

Page 12: The advocate jan mar 2013

AFTER RECEIVING A REPORT OF ANY CRIMINAL OFFENSE

Many offenses have reporting or other policy requirements, such as sexual assault, sexual harassment, hazing, etc. Your servic ing JA will ensure that all of these

requirements are met and then can advise you on your options to handle the report/or the offense.

WHENEVER YOU ARE CONSIDERING ANY ADVERSE PERSONNEL ACTION AGAINST A SOLDIER

Your servicing JA will help you to ensure that your action complies with all law and regulation and is feasible before you announce your intention to pursue the

action. Adverse actions include, but are not limited to, flagging a soldier, administrative separation, removing the Soldier from certain status positions (such as drill

sergeant), relief for cause, and issuing a memorandum of reprimand.

BEFORE CONDUCTING ANY SEARCH (FOR EXAMPLE: DRUG TEST, BREATH TEST, BARRACKS ROOM)

Your servicing JA will be able to confirm whether you have sufficient information (or probable cause) to conduct the search, thus enabling you to use the search

results in follow-up administrative, non-judicial or courts-martial proceedings.

BEFORE APPOINTING AN INVESTIGATING OFFICER

If you need to initiate a commander’s inquiry, an AR 15-6 informal or formal investigation (including EO investigations), or a line of duty or financial liability investiga-

tion of property, ask your servicing JA for assistance. Your servicing JA can offer advice on the appropriate type of investigation as well as assist in drafting the

appointment memorandum that governs the scope of the investigation.

BEFORE ADMINISTERING NONJUDICIAL PUNISHMENT UNDER UCMJ ARTICLE 15

Your servicing JA will help you to ensure that your action complies with the UCMJ and can be supported at Court-martial if the Article 15 is declined.

12

AFTER RECEIVING A FAMILY SUPPORT OR DEBT COLLECTION COMPLAINT

Your servicing JA can identify what type of support is required, identify if an exception exists, identify if “payment in kind” is appropriate, and assist in doing “the

math” when formulas must be used in the event of multiple dependent children located in various households. Additionally, they can confirm that the letter you must

draft within fourteen days meets the requirements of AR 608-99. Similarly, Soldiers are expected to pay their debts to creditors, but only creditors are entitled to assistance from the Command, debt collectors are not. Your servicing JA can help you determine the status of the entity requesting your assistance and what your

proper options are as a commander.

BEFORE APPROVING ANY FUNDRAISING ACTIVITY

Fundraising approval authority is subject to state law and current installation policy. Regardless of whether it is for your FRG or some other entity, you need to

discuss this fully with your JA before taking any action.

BEFORE PROVIDING (OR AGREEING TO PROVIDE) SUPPORT TO ANY PRIVATE

ORGANIZATION (PO)

Support to POs is limited by the Joint Ethics Regulation (JER) and subject to proper approving authority. All POs must be supported equally with no preferential

treatment (that is, if you provide support to one PO, you must be prepared to provide similar support to all similarly situated POs).

BEFORE COLLECTING MONIES FOR DEPARTURE GIFTS

Your servicing JA can define a “donating group” and inform you of the limitations for soliciting in the government workplace. Furthermore, he can make suggestions

to ensure there is no improper pressure on subordinates or an appearance of impropriety.

BEFORE PURCHASING CERTAIN ITEMS WITH OFFICIAL FUNDS

Certain items that have become traditional in military culture are not allowed to be purchased with official funds, or have very specific rules governing their pur-

chase. These types of items include, but are not limited to, commander’s coins, T-shirts, food items, bottled water. Your servicing JA can help you to ensure your

purchase is proper.

COMMANDER’S LEGAL HANDBOOK - THE JUDGE ADVOCATE GENERAL’S LEGAL CENTER & SCHOOL (TJAGLCS) - U.S. ARMY - 15 JUNE 2012 THIS GUIDE IS DESIGNED TO ASSIST COMMANDERS WITH LEGAL SITUATIONS BY HELPING THEM TO RECOGNIZE AND AVOID ISSUES, OR TO TAKE IMMEDIATE ACTIONS NECESSARY TO PRESERVE THE SITUATION WHEN LEGAL ISSUES ARISE. THIS PUBLICA-

TION IS NOT MEANT TO REPLACE OR SUPERCEDE THE INDEPENDENT LEGAL ADVICE OF YOUR SERVICING JUDGE ADVOCATE. CONTACT THE PUERTO RICO NATIONAL GUARD’S OFFICE OF THE STAFF JUDGE ADVOCATE FOR MORE INFORMATION.

TEL. (787) 289-1400 EXT. 1030

Page 13: The advocate jan mar 2013

13

Suicide prevention, like all leadership challenges, is a Commander’s program and every leader’s responsibility at all levels.

The success of the Army Suicide Prevention Program rests upon proactive, caring and courageous people who recognize the immi-

nent danger and then take immediate action to save a life. Active engagement of everyone can help to minimize the risk of suicide

within the Army to stop this tragic and unnecessary loss of human life. Suicide prevention is everybody’s business in The Army.

Page 14: The advocate jan mar 2013

An unprecedented blend of

real-life heroism and original

filmmaking, Act of Valor stars

a group of active-duty Navy

SEALs in a powerful story of

contemporary global anti-

terrorism.

Inspired by

true events,

the film

combines

stunning

combat se-

quences, up-

to-the min-

ute battle-

field tech-

nology and heart-pumping

emotion for the ultimate action

adventure. Act of Valor takes

audiences deep into the secre-

tive world of the most elite,

highly trained group of warri-

ors in the modern world.

When the rescue of a kid-

napped CIA operative leads to

the discovery of a deadly ter-

rorist plot against the U.S., a

team of SEALs is dispatched

on a world-

wide man-

hunt. As the

valiant men

of Bandito

Platoon race

to stop a

coordinated

attack that

could kill

and wound

thousands of American civil-

ians, they must balance their

commitment to country, team

and their families back home.

Each time they accomplish

their mission...

The Advocate A Publication from the Office of the Staff Judge Advocate

Staff Judge Advocate

Col. Orlando A. Izquierdo

EDITORIAL BOARD

Fulltime Judge Advocate

Maj. William E. O’Connor

Chief Paralegal NCO

Sgt. 1st Class Francisco I. Chiroque, J.D.

Paralegal NCO

Staff Sgt. Jeannette M. Diaz

Paralegal NCO

Sgt. Javier Fontanez, J.D.

The Adjutant General

Col Juan J. Lamela Medina

Director of the Joint Staff

Col Marta Carcana

The materials and information on this publication are

made available by the PRNG OSJA for information

and entertainment purposes only. It does not

constitute legal advice. This publication is not

intended as advertising and it does not create an

attorney-client relationship. Persons reading the

information on this publication should not act upon

the information provided without seeking profes-

sional legal counsel.

14

ACT of Valor is a 2012 American

action film directed by Mike

McCoy and Scott Waugh, and writ-

ten by Kurt Johnstad. It stars Alex

Veadov, Roselyn Sánchez, Nestor

Serrano, Emilio Rivera, and active

duty U.S. Navy SEALs and U.S.

Navy Special Warfare Combatant

Crewmen. The film was released