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Military Affairs Committee
All appointments are for one (1) year. The Committee shall coordinate statewide efforts that deal with legal matters affecting active, reserve and National Guard military service members and their families. The Committee's functions shall include the following: operate as a focal point for all civilian and military lawyers practicing in Mississippi who handle legal matters regarding active, reserve and National Guard military service members and their families; serve as a liaison with the ABA's Legal Assistance for Military Personnel (LAMP) programs; maintain liaison with the legal assistance offices at military installations in Mississippi; maintain liaison with reserve and National Guard units in Mississippi and advise the MB Officers, Board and Staff regarding legal matters affecting the military and their families in Mississippi. Chair
Clarence T. Guthrie, III, Jackson Members
Lawrence B. Austin, Ridgeland Joseph J. Batey, Melbourne, FL William C. Bell, Ridgeland James E. Caldwell, Madison Kevin D. Camp, Jackson Virginia Carlton, Columbia Michael B. Chittom, Clinton Robert J. Dambrino, III, Grenada D. Christopher Daniel, Jackson J. Terry Davis, Sr., Lanham, MD Michael Farrell, Jackson Ron Feder, Gulfport Dewitt Hicks, Jr., Columbus Bill W. Keyes, Jackson Christopher E. Kitchens, Ripley Leslie Lee, Jackson Eduardo V. Martinez, Madison Charles L. McBride, Jr., Jackson Mitch McCranie, Biloxi Maura McLaughlin, Hattiesburg Michael L. McMillan, Hattiesburg Clark Monroe, Jackson Robert R. Morris, Batesville
Tommy Page, Jackson
Kevin Payne, Choctaw Robert H. Pedersen, Jackson Ben J. Piazza, Jr., Jackson Timothy D. Record, Jackson Ermea J. Russell, Jackson Harry Schmidt, Pascagoula Kelly Sessoms, Pascagoula R. Curtis Smith, III, Hattiesburg Lee Thaggard, Meridian Russell D. Thompson, Ocean Springs John W. Weber, III, Hattiesburg Richard C. Williams, Jr., Jackson Rachel Wilson, McComb Scott Woods, Madison Robert E. Young, Long Beach JAG RESOURCES: U.S. Army Judge Advocate General (JAG) Website: http://www.jagcnet.army.mil
Provides general information on a number of aspects of military law with links to other very useful websites. U.S. Air Force Judge Advocate General (JAG) Website: http://hqja.jag.af.mil/
Provides similar information as the Army website, but has service specific information related to U.S. Air Force military law. U.S. Navy Judge Advocate General (JAG) Website: http://www.jag.navy.mil/
Provides general information on a number of aspects of military law with links to other very useful websites. U.S. Marine Corps Judge Advocate General (JAG) Website: http://sja.hqmc.usmc.mil/
Provides similar information as the Navy website, but has service specific information. U. S. Coast Guard Judge Advocate General (JAG) Website: http://www.uscg.mil/legal/
Provides similar information as the Navy website, but has service specific information related to the U.S. Coast Guard and Department of Homeland Security. Court of Appeals for the Armed Forces (CAAF) Website: www.armfor.uscourts.gov
Provides useful information on Military Justice appeals and opinions related to the same.
CIVILIAN EMPLOYMENT & REEMPLOYMENT RESOURCES:
Employer Support of the Guard & Reserve (ESGR): http://www.esgr.org
This website provides information regarding Uniform Services Employment and Re-employment Rights Act. This Act governs the employment and reemployment rights of National Guard and Reserve members of our military. This act also prohibits employment discrimination against National Guard and Reserve members because of their military commitments.
Department of Labor-Veterans Employment and Training Service: http://www.dol.gov/dol/vets
Provides additional support for employment and reemployment disputes between Guard and Reserve members and their employers. Reserve Officers Association (ROA) Law Reviews: http://www.roa.org/home/law_review_index.asp
A series of law review articles regarding Guard and Reserve employment and reemployment rights under USERRA and related laws. These articles were written by leading scholars on USERRA law. In addition, there are various other law review articles on voting rights, family law, taxes, and other matters.
LEGAL RESOURCES:
Uniform Code of Military Justice (UCMJ): http://www.au.af.mil/au/awc/awcgate/ucmj.htm
Congressional Code of Military Criminal Law applicable to all military members worldwide. Servicemembers’ Civil Relief Act: http://www.jagcnet.army.mil/JAGCNETInternet/Homepages/AC/Legal%20Assistance%20Home%20Page.nsf/0/0806a532899687ce852568a800531506?OpenDocument
The Servicemembers Civil Relief Act of 2003 (SCRA) formerly known as the Soldiers’ and Sailors’ Civil Relief Act of 1940 (SSCRA) is a federal law that gives all military members important rights as they enter active duty. It covers such issues as rental agreements, security deposits, prepaid rent, eviction, installment contracts, credit card interest rates, mortgage interest rates, mortgage foreclosure, civil judicial proceedings, and income tax payments. It also provides many important protections to military members while on active duty. Military Family Law Support: http://www.abanet.org/dch/committee.cfm?com=FL115277 Provides support relating to clients in the military and their families, including procedural issues unique to the military, and custody and visitation, divorce, alimony/support, military pension division and Survivor Benefit Plan issues affecting military divorces. Uniformed Services Former Spouse’ Protection Act: http://www.abanet.org/legalservices/lamp/cle/usfspacp.pdf
The Uniformed Services Former Spouse Protection Act (USFSPA) was passed by
Congress in 1982. The USFSPA gives a State court the authority to treat military retired
pay as marital property and divide it between the spouses. Congress’ passage of the
USFSPA was prompted by the United States Supreme Court’s decision in McCarty v.
McCarty in 1981. The Military Family Tax Relief Act of 2003: http://www.abanet.org/tax/taxtips4u/03mftra.pdf The Military Family Tax Relief Act of 2003 grants special tax relief to military personnel and their families.
Military Contract Law: http://docs.law.gwu.edu/facweb/sschooner/
Provides leading information and discussions regarding Government Contract law by one of the Nation’s top Government Contract Law Attorneys and Reserve Judge Advocate, Steve Schooner. Law of Land Warfare: http://faculty.ed.umuc.edu/~nstanton/FM27-10.htm
This website provides an electronic version of the U.S. Army's Field Manual 27-10, The Law of Land Warfare, one of the major resources used for educating U.S. military personnel on the law of war. It contains numerous pertinent direct quotations from the various Geneva and Hague Conventions, as well as several official interpretations of these conventions. Geneva Conventions – Treatment of Prisoners of War: http://www.unhchr.ch/html/menu3/b/91.htm
Provides information regarding rules applicable in all conflicts, regardless of whether the countries in question are signatories of the Geneva Conventions and regardless of whether the warring party in question is recognized as an independent state. Warring parties must obey the rules spelled out in the common article 3 of the Geneva Conventions, which requires that prisoners of war and wounded combatants be protected from murder; discrimination based on race, religion, sex, and similar criteria; mutilation, cruel treatment and torture; humiliating and degrading treatment; and sentencing or execution without a fair trial. Military Commissions with Legal References: http://www.defenselink.mil/news/commissions.html
Information on military commissions, including official DoD documents, background information, news releases and legal references. American Bar Association Military Law Committee of the General Practice, Solo, & Small Firm Division: http://www.abanet.org/genpractice/military/index.html
Get the latest on the key legal issues--student loan relief, the Soldiers' and Sailors' Civil Relief Act, reemployment rights of reservists, estate planning for the military, and survivor benefits--confronting reservists and their families now and in the future. American Bar Association Standing Committee for Legal Assistance to Military Personnel: http://www.abanet.org/legalservices/lamp/#
Their mission is to help the military and the Department of Defense improve the effectiveness of legal assistance provided on civil matters to an estimated nine million military personnel and their dependents. Federal Tort Liability & Military Advocacy, Association of Trial Lawyer of America (ATLA): http://www.atla.org/Networking/Tier3/Tier4FederalTortLiablityMilitaryAdvocacy.aspx
The Federal Tort Liability and Military Advocacy Section focuses on claims against the federal government under the Federal Tort Claims and Military Claims Acts, challenges to the Feres Doctrine, as well as other federal tort liability issues. The Military Claims Act: http://www4.law.cornell.edu/uscode/html/uscode10/usc_sec_10_00002733----000-.html
Federal law which provides for compensation for property loss, personal injury or death, incident to noncombat activities of Department of Army, Navy, or Air Force. The Military Whistleblower Protection Act: http://www.roa.org/home/law/law_review_27.asp
The MWPA can be found in Title 10, United States Code, Section 1034 (10 U.S.C. 1034). The MWPA is implemented within the Department of Defense (DoD) by DoD Directive 7050.6 of 23 June 2000. Inspector General Departmental Guidance (IGDG) 7050.6 of 6 February 1996 sets forth the procedures to be followed in conducting MWPA investigations. This act protects members who report gross waste of funds or serious safety problems at a command, when they otherwise would fear reprisal for “blowing the whistle”.
MILITARY PERSONNEL & BENEFIT RESOURCES:
Bureau of Naval Personnel: http://www.npc.navy.mil/channels
Provides information regarding all U.S. Navy personnel matters. U.S. Army Human Resources Command: https://www.hrc.army.mil/indexflash.asp
Provides information regarding all U.S. Army personnel matters. Mississippi National Guard Personnel Directorate: http://www.ngms.state.ms.us/dcsper/
The Mississippi Department of Military Personnel's mission is to provide support to units of the Mississippi Army National Guard as they prepare to conduct combat or missions other than war as directed. Military Pay & Benefits: http://www.dod.mil/militarypay/
Provides information related to military compensation and benefits. Military Health Insurance (TRICARE): www.tricare.osd.mil/regionalinfo/ and www.humana-military.com/region34/home.htm and http://hsriv.keesleraf.mil
Provides information and support regarding military health insurance for Region 4 (Gulf South). U.S. Department of Veterans Affairs: http://www.va.gov/
The link to the official website for Veterans’ Affairs. Veterans Handbook of Federal Benefits for Veterans & Dependants: www.va.gov/pubaff/fedben/01Fedben.pdf
RESERVE MOBILIZATION AUTHORITY:
Mobilization Legal Authority & Relevant Information:
When the President has ordered members of the Selected Reserve and the Individual Ready Reserve to active duty, they will be activated or mobilized according to 10 USC 12301, Reserve Components generally, 10 USC 12302, Ready Reserve, 10 USC 12304, Selected Reserve and certain Individual Ready Reserve members; order to active duty other than during war or national emergency, DOD Directive 1235.10, Activation, Mobilization, and Demobilization of the Ready Reserve, applicable Presidential Executive Orders, Departments of Defense and Army policies, the guidance set forth below, and implementing regulations and instructions. Statue - Limitations - Factors/Examples 10 USC 12301 - “Full Mobilization” Declared by Congress:
• In time of war or national emergency
• No limit on numbers of Soldiers call up
• For duration of war + 6 months Includes Selective Service in addition to the full mobilization of all AC and RC members 10 USC 12302 - “Partial Mobilization” Declared by the President:
• In time of national emergency
• No more than 1,000,000 called up (total force)
• No more than 24 months The national emergency is declared in an Executive Order. The 24-month is tied to the Executive Order. Any campaign tied to the EXORD counts towards the 24-month.
• Example: Executive Order 13223, dated 14 SEP 01 (ties Operation Noble Eagle, Operation Enduring Freedom and Operation Iraqi Freedom together). 10 USC 12304 - “Presidential Reserve Call-up (PRC)” Determined by the President:
• Augmented the active duty for operational missions
• No more than 200,000 called up (total force)
• No more than 270 days (9 months) Generally used for operations with ‘boots on the ground” for no more than 179-days.
• Example: KFOR, SFOR, etc. *A soldier can only participate one time in a “named” campaign under PRC. A soldier can participate in many PRCs as long as the official campaign name is different each time. 10 USC 12301(d) - Any volunteers for Active Duty HQDA ASA (M&RA) may order to AD any member who:
• Volunteers (i.e. must have member’s consent)
• With the consent of the Governor or appropriate authority (i.e. the TAG) Examples: COTTADs, COEADs, ADSWs, EADs, TTADs, Medical Retention Processing Unit, UCMJ violators waiting processing in some cases. Additional Mobilization Authority: Executive Order 13223, Section 1
Provides additional authority to the Department of Defense and the Department of Transportation to respond to the continuing and immediate threat of further attacks on the United States, the authority under Title 10, United States Code, to order any unit, and any member of the Ready Reserve not assigned to a unit organized to serve as a unit, in the Ready Reserve to active duty for not more than 24 consecutive months.
GENERAL MILITARY INFORMATION:
Military Public Affairs & Department of Defense Information: http://www.defenselink.mil
Provides one stop shopping for basic information regarding the United States military, to include photos, news stories, official announcements from DoD leadership, and many other useful links for research. Military Rank Information and Comparisons: http://www.defenselink.mil/specials/insignias/officers.html
Provides information regarding officer and enlisted ranks for the various branches of the U.S. military. DoD Dictionary of Military Terms: http://www.dtic.mil/doctrine/jel/doddict/
From this page you can browse the DOD Dictionary of Military and Associated Terms. The DOD Dictionary and the Joint Acronyms and Abbreviations master database are managed by the Joint Doctrine Division, J-7, Joint Staff. Military.com: www.military.com
Provides many resources and information on just about anything related to the U.S. military. This website is run by veterans for veterans. It is very user friendly and easy to navigate. Stars & Stripes: http://www.stripes.com/
Stars and Stripes is a daily newspaper published for the U.S. military, DoD civilians, contractors, and their families. Unique among the many military publications, Stars and Stripes operates as a First Amendment newspaper, free of control and censorship. Stars and Stripes maintains news bureaus in Europe, Pacific and the Middle East to provide first-hand reporting on events in those theaters. Military Times Media Group: http://www.militarycity.com/
Military Times Media Group is the source for military news and information servicemembers have trusted for over 60 years. Every week, the print edition of the newspapers, Army Times, Navy Times, Air Force Times, and Marine Corps Times, deliver exclusive, original, in-depth news and analysis about career, pay and benefits and issues impacting professional advancement. In addition to this vital career news, each paper is packed with community information and active lifestyle features of interest to military personnel and their families. The Military Times papers offer over 18 supplements throughout the year, including valuable military resource guides, a special annual historical issue, military healthcare specials and important second career and educational supplements.
MISSISSIPPI MILITARY DEPARTMENT: http://www.ngms.state.ms.us/
Staff Judge Advocate: http://www.ngms.state.ms.us/jag/ M. Mark Majors
Major, Judge Advocate, Army National Guard
Joint Force Headquarters – Mississippi National Guard
P.O. Box 5027
1410 Riverside Drive
Jackson, Mississippi 39296-5027
Tel: 601.313.6361 (DSN: 293.6361)
Fax: 601.313.6171 (DSN: 293.6171)
michael.majors@us.army.mil This information is provided by:
The Mississippi Bar
Military Affairs Committee
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