At least once a week, I receive an email from a spouse whose soldier has cut her off financially leaving her with no way to pay bills or take care of their kids. There are a few things you can do in this situation.

1. Contact his chain of command. This has varying degrees of success depending on the commanders. Though, most will be willing to help.
2. If his chain of command is not assisting you, contact the Chaplain for his unit. The Chaplain can often act as a mediator and can help to resolve the situation.
3. If both of those avenues fail, contact JAG. While they generally cannot assist you in divorce proceedings (not always the case), they can lead you in the right direction

Your soldier has an obligation to continue to support you while you are married as he is receiving allowances for being married and he is certainly obligated to support his children. It is impossible to address every situation to determine what you should get as far as financial support is concerned. Be aware that if you are living on post, that is considered financial support as he is providing you with a place to live.

Be advised that you are not entitled to his entire BAH or to his BAS. Even though most soldiers don’t receive BAS until they are married, they are getting that money because they are no longer eating in the chow hall free of charge. It is not to provide food for the family.

If you find yourself in this situation, follow the above steps. If divorce is imminent, seek out a civilian attorney as soon as possible.

When you enter into a lease agreement, be sure your lease has a military clause in it. This clause differs from state to state but generally allows you to break your lease under certain conditions because your soldier is in the military.

Typical clauses allow you to terminate your lease without penalty if any of the following occur:

1 – Your soldier receives a temporary duty assignment outside of the area for 60 days or more

2 – He separates from the military (ETS)

3 – He is killed in action or missing in action

4 – He receives orders for a permanent change of station (PCS)

Some landlords will let you add a clause that allows you to break the lease if you are offered military housing but this is uncommon.
Be sure that the military clause covers everyone who signs the lease. Some couples have run into problems when the landlord only let the military person out of the lease and would not let the Army spouse out of it. Be sure it is explicitly stated that the entire lease is canceled and not just that the military service person is covered by the clause.

The housing office can help you with this if you are unsure of the wording of your lease. Do NOT sign without this clause. You never know when the Army may decide to move you and you do not want to be stuck with monstrous fees if you have to move. Also, if your spouse is deployed, this clause allows you to break the lease and move back home if you would like.

Most military clauses will require you to give a 30 day written notice. If you do this, you should be able to break your lease without penalty under the circumstances listed here. Be aware that if your lease requires certain things must be done when you move out (such as having the carpet cleaned), this is still required. The military clause does not exempt that requirement.

The USERRA is a federal law that protects the civilian jobs of those who are called to active duty (Active and Reserve). In addition, the law prohibits discrimination based on your military duty. This federal law applies to all in the armed services and those who are activated while serving in the Guard or serve in the Guard full time.

The USERRA applies to any permanent job that you had with any company, public or private, including the government.

In order for USERRA to apply to you, you must:

1. Submit a letter in writing to your employer stating that you will be going active duty.
2. Not be absent from employment for more then five years.
3. Serve honorably while activated.
4. Return “promptly” to employment after your service ends.

The protections include:

1. The right to be employed in your old position regardless of whether there is an opening.
2. The right to not use your accrued vacation time to cover part of your absence due to active duty.
3. You must be treated as if you never left in regard to promotions, raises, pensions, etc.
4. Your salary must be at least the same as it was before you left for active duty.
5. Your employer must make a reasonable effort to train you on new equipment or procedures that were implemented since you left.
6. There is no waiting period or exclusion for pre-existing conditions if you choose the company’s health plan
7. If you served for more than 181 days, you cannot be fired or laid off, except for just cause, for one year.

It does not include:

1. A requirement for your company to pay you while you are serving. Some companies choose to do this (and should be applauded for doing so) but it is not required by law.

These websites provide more specific information about the USERRA:

Employer Support of the Guard and Reserve www.esgr.com

U.S. Department of Labor www.dol.gov/elaws/userra.htm

Military OneSource www.militaryonesource.com

The UCMJ is military law that governs all members of all branches of the military (Army, Navy, Air Force and Marines) worldwide. The UCMJ was passed by Congress in 1950, signed into law by President Truman and became effective in 1951.

The following links from Uniformed Code of Military Justice website give an overview of the UCMJ. It includes specifics within each chapter.

Sub Chapter I. General Provisions

Article 1. Definitions
Article 2. Persons Subject to this chapter.
Article 3. Jurisdiction to try certain personnel.
Article 4. Dismissed officer’s right to trial by court-martial.
Article 5. Territorial applicability of this chapter.
Article 6. Judge advocates and legal officers.
Article 6a. Investigation and disposition of maters pertaining to the fitness of military judges.

Sub Chapter II. Apprehension and Restraint

Article 7. Apprehension.
Article 8. Apprehension of deserters.
Article 9. Imposition of Restraint.
Article 10. Restraint of persons charged with offenses.
Article 11. Reports and receiving of prisoners.
Article 12. Confinement with enemy prisoners prohibited.
Article 13. Punishment prohibited before trial.
Article 14. Delivery of offenders to civil authorities.

Sub Chapter III. Non-Judicial Punishment

Article 15. Non-Judicial Punishment

Sub Chapter IV. Court-Martial Jurisdiction

Article 16. Courts-Martial classified.
Article 17. Jurisdiction of courts-martial in general.
Article 18. Jurisdiction of general courts-martial.
Article 19. Jurisdiction of special courts-martial.
Article 20. Jurisdiction of summary courts-martial.
Article 21. Jurisdiction of courts-martial not exclusive.

Sub Chapter V. Composition Of Courts-Martial

Article 22. Who may convene general courts-martial.
Article 23. Who may convene special courts-martial.
Article 24. Who may convene summary courts-martial.
Article 25. Who may serve on courts-martial.
Article 26. Military judge of a general or special court-martial.
Article 27. Detail of trial counsel and defense counsel.
Article 28. Detail or employment of reporters and interpreters.
Article 29. Absent and additional members.

Sub Chapter VI. Pre-Trial Procedure

Article 30. Charges and specifications.
Article 31. Compulsory self-incrimination prohibited.
Article 32. Investigation.
Article 33. Forwarding of charges.
Article 34. Advice of staff judge advocate and reference for trial.
Article 35. Service of charges.

Sub Chapter VII. Trial Procedure

Article 36. President may prescribe rules.
Article 37. Unlawful influencing the action of the court.
Article 38. Duties of trial counsel and defense counsel.
Article 39. Sessions.
Article 40. Continuances.
Article 41. Challenges.
Article 42. Oaths.
Article 43. Statute of limitations.
Article 44. Former jeopardy.
Article 45. Pleas of the accused.
Article 46. Opportunity to obtain witnesses and other evidence.
Article 47. Refusal to appear or testify.
Article 48. Contempts.
Article 49. Depositions.
Article 50. Admissibility of records of courts of inquiry.
Article 50a. Defense lack of mental responsibility.
Article 51. Voting and rulings.
Article 52. Number of votes required.
Article 53. Court to announce action.
Article 54. Record of trial.

Sub Chapter VIII. Sentences

Article 55. Cruel and unusual punishments prohibited.
Article 56. Maximum limits.
Article 57. Effective date of sentences.
Article 58. Execution of confinement.
Article 58a. Sentences: reduction in enlisted grade upon approval.

Sub Chapter IX. Post-Trial Procedure And Review Of Courts-Martial

Article 59. Error of law; lesser included offense.
Article 60. Action by the convening authority.
Article 61. Waiver or withdrawal of appeal.
Article 62. Appeal by the United States.
Article 63. Rehearings.
Article 64. Review by a judge advocate.
Article 65. Disposition of records.
Article 66. Review by Court of Military Review.
Article 67. Review by the Court of Military Appeals.
Article 67a. Review by the Supreme Court.
Article 68. Branch offices.
Article 69. Review in the office of the Judge Advocate General.
Article 70. Appellate counsel.
Article 71. Execution of sentence; suspension of sentence.
Article 72. Vacation of suspension.
Article 73. Petition for a new trial.
Article 74. Remission and suspension.
Article 75. Restoration.
Article 76. Finality of proceedings, findings, and sentences.
Article 76a. Leave required to be taken pending review of certain court-martial convictions.

Sub Chapter X. Punitive Articles

Article 77. Principals.
Article 78. Accessory after the fact.
Article 79. Conviction of lesser included offense.
Article 80. Attempts.
Article 81. Conspiracy.
Article 82. Solicitation.
Article 83. Fraudulent enlistment, appointment, or separation.
Article 84. Unlawful enlistment, appointment, or separation.
Article 85. Desertion.
Article 86. Absence without leave.
Article 87. Missing movement.
Article 88. Contempt toward officials.
Article 89. Disrespect toward superior commissioned officer.
Article 90. Assaulting or willfully disobeying superior commissioned officer.
Article 91. Insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer.
Article 92. Failure to obey order or regulation.
Article 93. Cruelty and maltreatment.
Article 94. Mutiny or sedition.
Article 95. Resistance, breach of arrest, and escape.
Article 96. Releasing prisoner without proper authority.
Article 97. Unlawful detention.
Article 98. Noncompliance with procedural rules.
Article 99. Misbehavior before the enemy.
Article 100. Subordinate compelling surrender.
Article 101. Improper use of countersign.
Article 102. Forcing a safeguard.
Article 103. Capture or abandoned property.
Article 104. Aiding the enemy.
Article 105. Misconduct as prisoner.
Article 106. Spies.
Article 106a. Espionage
Article 107. False official statements.
Article 108. Military property of United States– Loss, damage, destruction, or wrongful disposition.
Article 109. Property other than military property of the United States– Waste, spoilage, or destruction.
Article 110. Improper hazarding of vessel.
Article 111. Drunken or reckless driving.
Article 112. Drunk on duty.
Article 112a. Wrongful use, possession, etc., of controlled substances.
Article 113. Misbehavior of sentinel.
Article 114. Dueling.
Article 115. Malingering.
Article 116. Riot or breach of peace.
Article 117. Provoking speeches or gestures.
Article 118. Murder.
Article 119. Manslaughter.
Article 120. Rape and carnal knowledge.
Article 121. Larceny and wrongful appropriation.
Article 122. Robbery.
Article 123. Forgery.
Article 123a. Making, drawing, or uttering check, draft, or order without sufficient funds.
Article 124. Maiming.
Article 125. Sodomy.
Article 126. Arson.
Article 127. Extortion.
Article 128. Assault.
Article 129. Burglary.
Article 130. Housebreaking.
Article 131. Perjury.
Article 132. Frauds against the United States.
Article 133. Conduct unbecoming an officer and a gentleman.
Article 134. General Article.

Sub Chapter XI. Miscellaneous Provisions

Article 135. Courts of inquiry.
Article 136. Authority to administer oaths and to act as notary.
Article 137. Articles to be explained.
Article 138. Complaints of wrongs.
Article 139. Redress of injuries to property.
Article 140. Delegation by the President.

Sub Chapter XII. Court Of Military Appeals

Article 141. Status.
Article 142. Judges.
Article 143. Organization and employees.
Article 144. Procedure.
Article 145. Annuities for judges and survivors.
Article 146. Code committee.

If you’ve been around the military for any time at all, you’ve certainly been told that your soldier needs to have a POA. The Power of Attorney is a legal document that the soldier can execute to name someone to act on his behalf. It is a very powerful document and great care should be taken in choosing the POA.

There are two types of POAs – general and special (also called limited). The general POA gives the appointed agent the ability to act in place of the soldier. With a general POA, the person can inquire on accounts, write checks, withdraw money, enter into a lease, etc. About the only thing that the general POA doesn’t cover is the ability to stand in the soldier’s place in a court of law. Many times, there is no reason for a soldier to give someone else this much control over his affairs.

A special POA can be drawn up to be used in specific situations, rather than broadly as is the case with the general POA. This special POA is often times required for any type of real estate transaction, including obtaining housing on post. The special POA restricts the use of it to the certain situation that has been specified. Many companies and organizations are more willing to accept a special POA because the soldier’s intent for the POA is documented specifically.

When deploying, a soldier needs to assign someone a POA to handle his affairs. Whether the POA is general or specific is up to the soldier and can depend on what he thinks may arise while he is gone. In addition to drawing up the POA, the JAG office may also be able to offer advice on the best document for the soldier’s situation. This is another reason it’s important to attend the pre-deployment briefing.

A few things to keep in mind:
1. A POA should have an expiration date
2. The POA can be revoked before the expiration date. In addition to notifying the person acting on your behalf, all agencies that are operating under the POA must also be notified.
3. A business can refuse to accept the POA. Some banks have specific forms that need to be filled out. Check with the bank before deployment.
4. The appointed person must have the original POA.

*Please note that information in this section is not intended as legal advice. For legal advice, please contact JAG or your personal legal counsel.