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Bar News - October 3, 2003 Do You Have a Case Involving a Soldier? By: Col. Peter Duffy Military Locator Services SINCE 9/11 military locator services available to civilians on the Internet have been curtailed for security reasons, but they remain available within the military domain network. The Coast Guard still lists an email locator that may be worth trying. To locate a service member family members and businesses should at least try writing the service locators listed below. Some may charge a fee. It is advisable to provide as much identifying information as possible about the service member, such as name, rank, social security number and last duty assignment. Military Locator Contacts
Emergency Contacts Family members wishing to contact a deployed soldier regarding a family death, serious illness, birth or other special event can always utilize the emergency communication services of the American Red Cross simply by contacting their local Red Cross chapter. Civil Relief Rights Attorneys should be aware of the rights of deployed military members under the Soldiers and Sailors Civil Relief Act (SSCRA) which, among other protections, caps the interest limit on predeployment debt at 6 percent for the period of active military service; prohibits foreclosure actions against deployed soldiers; and can prohibit a default judgment from entering against the military member if his or her ability to defend in the action is materially affected by military status. Any attorney who has obtained a default judgment is familiar with the Military Affidavit required by the Act that will trigger with the court the rights of an active duty military member against whom a default judgment is entered or is sought. Employment Rights Attorneys representing deployed military members or their employers should familiarize themselves with the rights of the deployed military and obligations of employers under the Uniform Services Employment and Reemployment Rights Act as set forth in Chapter 43, Part III, Title 38 of the US Code and RSA 110-C:1 as recently amended to include members of the National Guard called up under state authority. The reemployment rights of the military member are spelled out in 38 USC4312. Basically any deployed soldier who has given advance oral or written notice to his employer of his or her military status and possibility of deployment is entitled to reemployment upon returning from active duty provided the active service is for less than five years and the military member reapplies within certain time limits determined by the length of deployment. The deadlines for applying for reinstatements following the release from active duty are:
In addition to reemployment the military member retains full seniority benefits that accrued during the period of service. Child Support Obligations The military expects its members to support their families while deployed. Military families are entitled to military medical care benefits during any active duty period 30 days or longer. The military also provides a rank-determined basic allowance for housing (BAH) to military members who are separated from their families. In most cases, that amount is the minimum the soldier must pay to support his or her dependents in the absence of a court order specifying another amount. Visit http://www.abanet.org/legalservices/helpreservists/home.html for more information about the legal protections for and obligations of active-duty military personnel. Col. Peter Duffy is Judge Advocate for the NH Army National Guard. In his civilian life, Duffy practices law in Manchester.
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