The Advocate Issue 2 Vol 1

FROM THE FULLTIME JAG’S DESK - MAJ William E. O’Connor Volume I, Issue 2

October 2011
may arise during deploy- cludes the latest on the
Welcome to another ments or periods of active DADT Repeal, already in
edition of The Advocate.
duty. effect.
For those of you joining us
for the first time, let’s bring We’re engaging in preven- In future editions we’ll
you up to speed on what tive law as a measure to discuss the PR Veterans
we’re all about. enhance readiness and Bill of Rights and other
provide you the tools state legislation that pro-
Our experience in the OSJA
needed to consider those vide additional benefits or
has taught us that many
issues relevant to military protections to our Guards-
service members and de-
service and everyday life. men. We’ll also present a
“We’re engaging pendents have questions
By being proactive we section dealing with Stan-
in preventive law or concerns regarding
serve you better as Judge dards of Conduct (Ethics)
benefits or protections af-
as a measure to Advocates and fellow ser- and other topics of inter-
forded by both Federal and
vice members. est.
enhance readiness State Law, as members of
and provide you the National Guard. In this month’s issue we Finally, the PRNG OSJA
discuss the USERRA and has launched its Face-
the tools needed to With The Advocate you
take a look at the problem book page. There you will
consider those have basic information
of ID Theft. Almost every find other links to both
readily available without
issues relevant to waiting days or weeks to
week we receive visits legal and military re-
military service from our soldiers seeking sources. This is just an-
contact us to clarify issues
guidance on these and other way in which we
and everyday life.” or get references. Each
other subjects. stay Ready, Relevant and
month we’ll address the
Accessible. We hope that
issues that you’ve brought We continue to address
you enjoy this issue of
to our attention. This way social media as well as
The Advocate.
you’ll have a ready guide content for our paralegal
for those legal matters that professionals which in-

FROM THE CHIEF LEGAL NCO’S DESK - SFC Frank Chiroque
ble for said protections. treatment of openly gay Inside this issue:
Among the chal-
service members. No You Rights 2
lenges we encounter on a Also in this issue, we
tackle another growing longer will a person’s sex- Under USERRA
daily basis in the OSJA even
problem in our National ual orientation be the sole
today, after ten years pro- Link It Up! 3
Guard, identity theft. reason for discharge, al-
viding legal support to our
We’ve provided you with lowing for an individual to Talking About Identity 4
soldiers and airmen en- Theft: Deter, Detect &
valuable information to be evaluated on their mer-
gaged in the War against Defend
help you Deter, Detect and its.
Terror, is the ignorance of
many employers regarding Defend from identity theft. Finally, we continue to Don’t Ask, Don’t Tell: 6
offer guidance on the Repealed
USERRA. Unfortunately, many of our
proper use of social me-
“Unfortunately, The USERRA was designed Guardsmen are victims of
dia, giving special atten-
Social Media For 7
many of our to minimize disadvantages this growing trend and Soldiers and Army
tion to maintaining OPSEC Personnel
that can affect individuals have become part of the
Guardsmen are increasing number of peo-
levels, protecting our-
when absent from civilian selves, our families and
victims of this employment in order to ple whose identity has At the Movies: 8
buddies from the ever A Few Good Men
growing trend and serve in the US Armed been stolen.
present threats created by
Forces. It is our obligation From the JAG Bookshelf: 8
have become part Another topic of interest our enemies on the Web. The Law of Armed
to continue to watch over we discuss in this issue is
of the the rights of our Guards- Don’t miss the Link It Up! Conflict
the recent repeal of Don’t
increasing men and in this edition we Ask, Don’t Tell, as official
section, where you can go
What’s New on Our 8
number of people take the time to go over the beyond the articles in this Facebook Page.
policy of the US Armed
basic elements and protec- newsletter and get more
whose identity has Forces. A new stage in
information and resources
tions provided by USERRA our military’s progress
been stolen.” as well as requirements straight from the source.
starts with very important
needed in order to be eligi- changes regarding the

Your Rights Under USERRA - SGT Javier Fontánez, Legal NCO
The Uniformed Services Employ- application for reemployment. An employer is required to pro-
ment and Reemployment Rights Reemployment may not be de- vide four basic entitlements to a
Act of 1994 (USERRA, 38 U.S.C. layed, however, if such docu- returning service member, upon
§ 4301 – 4335) is federal law mentation does not exist or is reemployment: (1) Prompt rein-
enacted to ensure that persons not readily available. In general, statement (generally a matter of
who serve or have served in the the following documents have days, not weeks, but will depend
Armed Forces, Reserves, Na- been determined by the Secre- on the length of absence); (2)
tional Guard or other ―uniformed tary of Labor to satisfy proof of Accrued seniority, as if continu-
services:‖ (1) are not disadvan- eligibility for reemployment: ously employed. This applies to
taged in their civilian careers discharge papers, leave and rights and benefits determined
because of their service; (2) are earnings statements, school by seniority as well. This includes
promptly reemployed in their completion certificate, en- status, rate of pay, pension vest-
civilian jobs upon return from dorsed orders, or a letter from a ing, and credit for the period for
duty; and (3) are not discrimi- proper military authority. pension benefit computations;
nated against in employment (3) Training or retraining and
based on past, present, or future For periods of service of up to other accommodations. This
military service. The federal gov- 30 consecutive days, the per- would be particularly applicable
ernment is to be a ―model em- son must report back to work in case of a long period of ab-
ployer‖ under USERRA. for the first full regularly sched- sence or service-connected dis-
uled work period on the first full ability; (4) Special protection
Individuals must meet five condi- against discharge, except for
calendar day following the com-
tions, or "eligibility criteria." In cause. The period of this protec-
pletion of the period of service
order to be protected by the Act. tion is 180 days following peri-
and safe transportation home,
(1) They must hold a civilian job, ods of service of 31-180 days.
plus an 8-hour period for rest. If
(2) must have given written or For periods of service of 181
reporting back within this dead-
verbal notice to the civilian em- days or more, it is one year.
line is "impossible or unreason-
ployer prior to leaving the job for USERRA provides that, if the pe-
able" through no fault of the
military training or service except riod of service was less than 91
employee, he or she must re-
when precluded by military ne- days, the person is entitled to the
port back as soon as possible
cessity; (3) must not have ex- job he or she would have at-
after the expiration of the 8-
ceeded the 5-year cumulative tained absent the military ser-
hour period.
limit on periods of service; (4) vice, provided the person is, or
must have been released from After a period of service of 31- can become, qualified for that
service under conditions other 180 days, the person must sub- job. If unable to become quali-
than dishonorable; and (5) must mit a written or verbal applica- fied for a new job after reason-
report back to the civilian job in a tion for reemployment with the able efforts by the employer, the
timely manner or submit a timely employer not later than 14 days person is entitled to the job he or
http://www.esgr.org/ application for reemployment. after the completion of the pe- she left. For periods of service of
site/ riod of service. If submitting the 91 days or more, the employer
USERRA applies to voluntary as
application within 14 days is may reemploy the returning em-
well as involuntary military ser-
impossible or unreasonable ployee as above (i.e., position
vice, in peacetime as well as
through no fault of the em- that would have been attained or
The National Committee wartime. The person who is per-
ployee, he or she must submit position left), or in a position of
for Employer Support of forming the service (or an official
the Guard and Reserve
the application as soon as pos- "like seniority, status and pay"
representative) must give ad-
(ESGR), an agency sible thereafter. the duties which the person is
vance written or verbal notice to
within the Office of the the employer. The notice require- After a period of service of 181 qualified to perform.
Assistant Secretary of
ment applies to all categories of days or more, the person must USERRA also requires the em-
Defense for Reserve
Affairs, operates pro- training or service. Notice is not submit an application for reem- ployer to make "reasonable ef-
grams directed toward required if precluded by military ployment not later than 90 days forts" to accommodate persons
U.S. employers, employ- necessity or, if the giving of such after completion of the period with a disability incurred or ag-
ees, and communities to notice is otherwise impossible or of service. These deadlines to gravated during military service.
ensure understanding of unreasonable. report to work or apply for reem- If a person returns from military
the role of Reserve com- ployment can be extended up to service and is suffering from a
ponent members. ESGR USERRA provides that following
two years to accommodate a disability that cannot be accom-
encourages develop- periods of military service of 31
period during which a person modated by reasonable employer
ment of employer poli- days or more, the returning em-
cies and practices to was hospitalized for or conva- efforts, the employer is to reem-
ployee must, upon the em-
facilitate employee par- lescing from an injury or illness ploy the person in some other
ployer's request, provide docu-
ticipation in the Reserve that occurred or was aggra- position he or she is qualified to
mentation that establishes
components through a vated during a period of military perform and which is the
length and character of the ser-
network of volunteers. service. "nearest approximation" >>>
vice and the timeliness of the

of the position to which the per-
son is otherwise entitled, in
terms of status and pay, with full
seniority.
A disability need not be perma-
nent to confer rights under
USERRA. For example, if a per-
son breaks a leg during annual
training, the employer may have
an obligation to make reason-
able efforts to accommodate the
broken leg, or to place the per-
son in another position, until the
leg has healed.
USERRA provides that a denial
of employment or an adverse
action taken by an employer will
be unlawful if a service connec-
tion was a motivating factor (not
necessarily the only factor) in
the denial or adverse action
"unless the employer can prove
that the action would have been
taken in the absence of such
membership, application for
membership or obligation."
You can contact a NCESGR om-
budsman toll-free at (800) 336-
4590. Ombudsmen are trained
to provide information and infor-
mal mediation services concern-
ing civilian job rights of National
Guard and Reserve members.
As mediators, they act as neu-
trals, with a goal of helping bring
about solutions to conflicts that
are legal and equitable to each
of the parties involved. Also,
check the web for more detailed
information regarding your rights
and protections under USERRA
at www.dol.gov/vets/programs/
userra/main.htm or contact the
PRNG OSJA.

Talking About Identity Theft: Deter, Detect and Defend
credit reports. This matter in par- your name from your accounts,
Identity theft occurs ticular is very dangerous to our and drain your savings and even
when someone uses your per- troops who may require a secret taking out a loan in your name.
sonally identifying information, or higher level of clearance which
like your name, Social Security can be affected by this type of Government Documents Fraud
number, or credit card number, entries on their credit reports. They can get a driver’s license or
without your permission, to The potential for damage, loss, official ID card issued in your
commit fraud or other crimes. and stress is considerable. name but with their picture and
The Federal Trade Commission use your name to get govern-
(FTC) estimates that as many as Skilled identity thieves may use a ment benefits as well as filing a
10 million Americans have their variety of methods to get hold of fraudulent tax return using your
identities stolen each year and your information. They may steal information.
it has become more present your mail, wallet or purse. They
than ever among members of may get personal information Other Fraud
our National Guard. In fact, you from you by posing as legitimate There have been reported cases
or someone you know may have companies through email, in a where thieves have gotten jobs
Identity theft occurs when experienced some form of iden-
your personal information is practice known as ―phishing.‖ Or using others Social Security num-
taken and used without your
tity theft. they might lie to you on the ber; rented houses or received
permission, to commit fraud phone. They may take your infor- medical services. They may give
or other crimes. It is a Thieves rum- mation from businesses or other your personal information to
serious crime that can cost mage institutions by stealing personnel police during an arrest. If they
you time and money, destroy through your
your credit, and ruin your
records, bribing or conning an don’t show up for their court
trash, find a employee who has access to date, a warrant for arrest is is-
good name.
bank state- these records, or breaking into sued in your name.
ment, and your records electronically. Some
misuse your identity theft victims even report How Can You Find Out If Your
checking that their information has been Identity Was Stolen?
account. Or, stolen by someone they know. Many consumers learn that their
maybe rent Once they have your personal identity has been stolen after
an apartment information, identity thieves go some damage has been done.
using your about their business in a variety You may find out when bill collec-
name. Maybe of ways. tion agencies contact you for
someone got overdue debts—debts you never
a credit card Credit Card Fraud incurred; or, when you apply for a
using your Thieves can open new credit card mortgage or car loan—and learn
identity and accounts in your name. When that problems with your credit
credit history, they use the cards and don’t pay history are holding up the loan.
and bought the bills, the delinquent accounts You may find out when you get
expensive appear under your name—on something in the mail about an
stereo equip- your credit report. They may apartment you never rented, a
ment. The change the billing address on house you never bought, or a job
crime takes many forms. And your credit card so that you no you never held.
maybe you found out about it longer receive bills, and then run The best way to find out is to
months later, when your loan up charges on your account. Be- monitor your accounts and bank
application was rejected or cause your bills are now sent to a statements each month, and
when you noticed charges on different address, it may be some check your credit report on a
your credit card statement that time before you realize there’s a regular basis. If you check your
you didn’t make. problem. credit report regularly, you may
be able to limit the damage
Identity theft is serious. People Phone or Utilities Fraud caused by identity theft.
The Federal Trade Commis- whose identities have been
sion (FTC) is an independ-
They can open a phone or wire-
stolen can spend hundreds of less account, or run up charges What Should You Do If Your
ent agency of the US Gov-
ernment. Its principal mis-
dollars and dozens of hours on your existing account using Identity Is Stolen?
sion is the promotion of cleaning up the mess thieves your name to get utility services Repairing the damage caused by
consumer protection and have made of their good name like electricity or cable TV. identity thieves may take time
the elimination and pre- and credit record. Consumers and money. Filing a police report,
vention of harmfully anti- victimized by identity theft may
competitive business prac- Bank/Finance Fraud notifying creditors, and disputing
tices, such as coercive
lose out on job opportunities, or They can open a bank account in any unauthorized transactions
monopoly and more re- be denied loans for education, your name and write bad checks are steps you must take to re-
cently the rise in identity housing, or cars because of authorizing electronic transfers in store your good name. More spe-
theft. negative information on their

cific information on what to do ■Never click on links sent in make.
can be found in the Federal unsolicited emails; instead, type
DEFEND against identity theft as
Trade Commission’s (FTC) guide, in a Web address you know. Use
soon as you suspect a problem.
Take Charge: Fighting Back firewalls, anti-spyware, and anti-
Against Identity Theft, which virus software to protect your ■Place a ―Fraud Alert‖ on your
along with many other great re- home computer; keep them up- credit reports, and review the re-
sources can be found in the to-date. Visit OnGuar- ports carefully. The alert tells
FTC’s website at www.ftc.gov. dOnline.gov for more informa- creditors to follow certain proce-
Repairing the damage can be a tion. dures before they open new ac-
costly, time-consuming, and counts in your name or make cer-
stressful process. And the more ■Don’t use an obvious pass-
tain changes to your existing ac-
time that goes by before you de- word like your birth date, your
counts. The three nationwide con-
tect the problem, the more time it mother’s maiden name, or the
sumer reporting companies have
may require to resolve it. last four digits of your Social
toll-free numbers for placing an
Security number. initial 90-day fraud alert; a call to
What Can You Do To Help Fight ■Keep your personal informa- one company is sufficient:
Identity Theft? tion in a secure place at home,
Awareness is an effective Equifax: 1-800-525-6285
especially if you have room- Experian: 1-888-EXPERIAN
weapon against identity theft. mates, employ outside help, or
Awareness of how information is TransUnion: 1-800-680-7289
are having work done in your
stolen—and what you can do to house. Placing a fraud alert entitles you
protect yours - Awareness of the to free copies of your credit re-
need to monitor your personal DETECT suspicious activity by
ports. Look for inquiries from com-
information to uncover any prob- routinely monitoring your finan-
panies you haven’t contacted,
lems—quickly. And, awareness of cial accounts and billing state-
accounts you didn’t open, and
what to do when you suspect ments.
debts on your accounts that you
your identity has been stolen. Be alert to signs that require can’t explain.
Armed with the knowledge of how immediate attention: ■Close accounts. Close any ac-
to protect yourself and take ac- ■Mail or bills that do not arrive counts that have been tampered
tion, you can make identity as expected with or established fraudulently.
thieves’ jobs much more difficult. ■Unexpected credit cards or - Call the security or fraud depart-
account statements ments of each company where an Click on the Video to
While nothing can guarantee that ■Denials of credit for no appar- account was opened or changed learn how to avoid iden-
you won’t become a victim of without your okay. Follow up in tity theft – and learn what
ent reason
identity theft, you can take spe- to do if your identity is
■Calls or letters about pur- writing, with copies of supporting stolen. Businesses can
cific steps to minimize your risk, chases you did not make documents. learn how to help their
and minimize the damage if a - Use the ID Theft Affidavit at customers deal with iden-
problem develops. These steps Inspect: ftc.gov/idtheft to support your tity theft, as well as how
make it more difficult for identity ■Your credit report. Credit re- written statement. to prevent problems in the
thieves to steal your identity. It’s first place. Law enforce-
ports have information about - Ask for written verification that ment can get resources
about following the ―3 D’s‖ of you, including what accounts the disputed account has been and learn how to help
identity theft protection—Deter, you have and your bill paying closed and the fraudulent debts victims of identity theft.
Detect, Defend history. discharged.
DETER identity thieves by safe- - Keep copies of documents and
guarding your information. The law requires the major na- records of your conversations
tionwide consumer reporting about the theft.
■Shred financial documents and companies—Equifax, Experian, ■File a police report. File a report
paperwork with personal informa- and TransUnion—to give you a with law enforcement officials to
tion before you discard them. free copy of your credit report help you with creditors who may
each year if you ask for it. Visit want proof of the crime.
■Protect your Social Security www.AnnualCreditReport.com
number. Don’t carry your Social or call 1-877-322-8228, a ser- ■Report your complaint to the
Security card in your wallet or vice created by these three Federal Trade Commission. Your
write your Social Security number companies, to order your free The Guide for Assisting
report helps law enforcement offi-
Identity Theft Victims was
on a check. Give it out only if ab- credit reports each year. You cials across the country in their developed by the Federal
solutely necessary or ask to use also can write: Annual Credit investigations. Trade Commission (FTC)
another identifier. Report Request Service, P.O. - Online: ftc.gov/idtheft to help attorneys and
- By phone: 1-877-ID-THEFT victim service providers
■Don’t give out personal informa- Box 105281, Atlanta, GA - By mail: Identity Theft Clearing- chart their way through
tion on the phone, through the 30348-5281. house, Federal Trade Commis-
and resolve legal prob-
mail, or over the Internet unless ■Your financial statements. sion, Washington, DC 20580
lems that pro bono clients
you have initiated the contact Review financial accounts and may have following the
theft of their identity.
and know who you are dealing billing statements regularly,
with. looking for charges you did not

tion cancelled. The Army has tary Departments and their du-
On Dec. 22, 2010, Presi- ceased all pending investiga- ties. The Chaplain Corps’ First
dent Obama signed into law a tions, discharges, and adminis- Amendment freedoms and their
deferred repeal of DADT. The trative proceedings commenced duty to care for all have not
statute directed that repeal changed. All Soldiers will con-
will go into effect 60 days after tinue to serve with others who
CJCS, SecDef and the Presi- may hold different views and
dent certify that DoD has beliefs, and they will be ex-
"prepared the necessary poli- pected to treat everyone with
cies and regulations" to effec- respect.
tuate repeal, and that imple-
mentation of these policies 5. BENEFITS:
and regulations is consistent Eligibility standards for bene-
BACKGROUND fits remain the same as they
with the standards of military
"Don't ask, don't tell" (DADT) was readiness, military effective- currently are. And it should be
the official US policy on homo- ness, unit cohesion, and re- noted that the repeal does not
sexuals serving in the military cruiting and retention of the alter compensation or benefits
from December 21, 1993 to based on marriage or depend-
September 20, 2011. The policy
Armed Forces. Under Secretary solely under DADT. Statements
of Defense for Personnel and about sexual orientation are no ency. In accordance with Title 1,
prohibited military personnel
from discriminating against or Readiness Clifford Stanley was longer a bar to military service. Section 7 of the US Code
harassing closeted homosexuals designated to lead a highlevel Former Soldiers discharged un- (Defense of Marriage Act-
or bisexual service members or working group (Repeal Imple- der DADT may apply for re-entry, DOMA), marriage is a legal un-
applicants, while barring openly
mentation Team) to facilitate and will be evaluated according ion between one man and one
gay, lesbian, or bisexual persons woman as husband and wife.
from military service. The restric- the realization of these condi- to the same standards as all
tions. On July 21, the Secretary other applicants for re-entry. The Service members will continue
tions were mandated by United
States federal law (10 USC of Defense and Chairman of the Army will continue to use exist- to have various benefits for
654). Joint Chiefs of Staff signed the ing policy and procedures to which they can designate bene-
certification. On July 22, the determine the appropriate rank ficiaries regardless of sexual
The policy prohibited people who orientation, such as: Service
"demonstrate a propensity or President signed the certifica- and time-in grade credit
tion. Repeal occurred Septem- awarded. Time-in-service will be members’ Group Life Insurance
intent to engage in homosexual
acts" from serving in the US ber 20, 2011, at 0001 hrs EDT. awarded. Beneficiary; Post-Vietnam-Era
armed forces, because their Veterans Assistance Program
presence "would create an unac- Quoting the Chief, National 2. STANDARDS OF CONDUCT Beneficiary; Montgomery G.I.
ceptable risk to the high stan- Guard Bureau, Gen Craig R. APPLY EQUALLY TO EVERYONE: Bill Death Beneficiary; Benefici-
dards of morale, good order and Mckinley (USAF), -―The repeal of Existing standards of conduct ary for Death Gratuity; Benefici-
discipline, and unit cohesion DADT makes it imperative for all continue to apply to all Soldiers
that are the essence of military
ary for Final Settlement of Ac-
capability." The act prohibited
leaders to ensure each Service regardless of sexual orientation. counts: Deceased Members;
any homosexual or bisexual member is judged solely on All Soldiers are responsible for Wounded Warrior Designated
person from disclosing his/her individual merit. All National upholding and maintaining the Caregiver; Thrift Savings Plan
sexual orientation or from Guard members must serve in high standards of the Army at all Beneficiary; and Survivor Bene-
speaking about any homosexual an environment that is free of times and in all places. fit Plan Beneficiary. The Depart-
relationships, including mar-
discrimination and harassment. ment will continue to study eligi-
riages or other familial attrib- 3. PERSONAL PRIVACY:
utes, while serving in the US We all must understand and bility standards for existing
support this significant change The creation of separate bath-
armed forces. The act specified
room facilities or living quarters benefits to determine those, if
that service members who dis- in the US military. Every mem- any, which should be changed.
close that they are homosexual ber of the Army and Air National based on sexual orientation is
or engage in homosexual con- Guard must foster a climate of prohibited, and Commanders
duct should be separated may not establish practices that 6. EQUAL OPPORTUNITY:
(discharged) except when a fairness and prevent institu- Sexual orientation will not be
tional and individual discrimina- physically segregate Soldiers
service member's conduct was
according to sexual orientation. considered along with race,
"for the purpose of avoiding or tory practices. Leaders must color, religion, sex, and national
terminating military service" or ensure all National Guard Sol- Consistent with current policy,
Commanders will continue to origin as a class under the Mili-
when it "would not be in the best diers and Airmen understand
interest of the armed forces". maintain the discretion to alter tary Equal Opportunity (MEO)
that even a single act of dis- program and will not be dealt
crimination, harassment, or berthing or billeting assign-
The "don't ask" part of the DADT ments in accordance with Army with through the MEO complaint
policy specified that superiors demeaning the dignity of an- process. All Soldiers, regardless
should not initiate investigation other person will not be toler- policy in the interest of main-
taining morale, good order and of sexual orientation, are enti-
of a service member's orienta- ated.‖
tion without witnessing disal- discipline, consistent with per- tled to an environment free
lowed behaviors, though credi- 1. ACCESSIONS & SEPARATION formance of the mission. from personal, social, or institu-
ble evidence of homosexual POLICIES: tional barriers that prevent Sol-
behavior could be used to initi- 4. MORAL AND RELIGIOUS diers from rising to the highest
The Army will no longer sepa-
ate an investigation. Unauthor- CONCERNS: level of responsibility possible.
ized investigations and harass- rate Soldiers under DADT. Sol-
There are no changes regarding Harassment or abuse based on
ment of suspected servicemen diers who had an approved
Soldiers’ exercise of religious sexual orientation is unaccept-
and women led to an expansion separation date forecasted af-
of the policy to "don't ask, don't beliefs, nor are there any able and will be dealt with
ter repeal that was based solely
tell, don't pursue, don't harass." changes to policies concerning through command or inspector
on DADT will have that separa-
the Chaplain Corps of the Mili- general channels. >>>

7. DUTY ASSIGNMENTS: 8. MEDICAL POLICY: 10. COLLECTION AND
There are no changes to duty There are no changes to exist- RETENTION OF SEXUAL
assignment policies. All Soldiers ing medical policies. ORIENTATION DATA:
will continue to be eligible for Sexual orientation is a per-
world-wide assignment without 9. RELEASE AND SERVICE sonal and private matter. The
consideration of sexual orienta- COMMITMENTS: Army is not authorized to
tion. Soldiers assigned to duty, There will be no new policy to request, collect, or maintain
or otherwise serving in coun- allow for release from service information about the sexual
tries in which homosexual con- commitments for Soldiers who orientation of Soldiers except
duct is prohibited or restricted, are opposed to repeal of DADT when it is an essential part of
will abide by the guidance pro- or opposed to serving with gay an otherwise appropriate
vided to them by their local and lesbian Soldiers. investigation or other official
commanders. action.

SOCIAL MEDIA FOR SOLDIERS AND ARMY PERSONNEL
From the US Army Social Media Handbook (August 2011)
OPSEC AWARENESS Commenting, posting, or linking important that Army leaders,
to material that violates the Soldiers and Army civilians un-
T he primary concern UCMJ or basic rules of Soldier derstand what kind of data they
when using social media is conduct is prohibited. Social are broadcasting and what they
maintaining operations security. media provides the opportunity can do to protect themselves
It’s important to know that so- for Soldiers to speak freely and their families. Geotagging
cial media is a quickly evolving about what they’re up to or photos and using location-
means of distributing informa- what their interests are. How- based social networking appli-
tion and that means OPSEC is ever, Soldiers are subject to cations is growing in popularity,
more important than ever be- UCMJ even when off duty, so but in certain situations, expos-
fore. All Army leaders should talking negatively about super- ing specific geographical loca-
communicate with their Sol- visors, or releasing sensitive tion can be devastating to Army
diers about the risks of using information is punishable under operations. “Our adversaries are trolling
social media and incorporate the UCMJ. It’s important that all social networks, blogs and
Soldiers should never tag pho- forums, trying to find sensitive
social media into their regular Soldiers know that once they
tos with geographical location information they can use
OPSEC training. log on to a social media plat-
when loading to photo sharing about our military goals and
form, they still represent the
JOINING SOCIAL sites like Flickr and Picasa. Sol- objectives. Therefore, it is
Army.
diers should not use location- imperative that all Soldier and
NETWORKS
MAINTAINING OPSEC based social networking appli- Family members understand
Soldiers will naturally seek out
Sharing what seems to be even cations when deployed, at train- the importance of practicing
involvement in social media
trivial information online can be ing or while on duty at locations good operations security
platforms if they haven’t al-
dangerous to loved ones and where presenting exact grid measures.”
ready. Social media helps indi-
the fellow Soldiers in the unit -- coordinates could damage Army
viduals with similar interests -Sgt. Maj. of the Army (Ret.)
and may even get them killed. operations. While Soldiers are
connect and interact. Soldiers Kenneth O. Preston
America's enemies scour blogs, engaged in Army operations,
are authorized to use and be-
forums, chat rooms and per- they should turn off the GPS
long to a variety of social media
sonal websites to piece to- function of their smartphones.
platforms as long as their in-
gether information that can be Failure to do so could result in “Members of the Army
volvement does not violate unit
used to harm the United States damage to the mission and may Family are experiencing a
policy and the basic guidelines
and its Soldiers. The adversary - even put families at risk. special time in their lives.
of the Uniform Code of Military
- Al Qaeda and domestic terror- They have a lot to share
Justice. DO NOT VIOLATE
ists and criminals for instance with Family, friends and
LAY OUT THE – have made it clear they are COPYRIGHT AND others. Social media is an
opportunity to instantly
GUIDELINES looking. When using social me- TRADEMARK
reach out and connect
Leaders must engage their Sol- dia, avoid mentioning rank, unit Soldiers cannot include any
regardless of time, space
diers on social media use. All locations, deployment dates, copyrighted or trademarked or distance. The Army
leaders must communicate names, or equipment specifica- material on their social media encourages members of
social media expectations with tions and capabilities. platforms. This includes embed- the Army Family to use
their Soldiers. It is important to ding a song, or linking to unat- social media to connect
GEOTAGGING AND tributed artwork. Social media
outline unit policy and make and tell their stories, but it
sure all Soldiers know what they LOCATION-BASED platforms exist to help individu- also advises everyone to
can and cannot do when using SOCIAL NETWORKING als connect and express their do this in a safe and
various social media platforms. The Army is always working to personalities, but this should be secure manner.”-
protect itself against security done without using copyrighted
FOLLOW THE UCMJ breaches, but with new tech- material unless they are author- US Army Social Media
Soldiers using social media nologies come new risks. To- ized to do so by the copyright or Handbook
must abide by the Uniform Code day, more than ever, it is vitally trademark owner.
of Military Justice at all times.

and Kaffee is discover-
PUERTO RICO NATIONAL GUARD
OFFICE OF THE STAFF JUDGE ADVOCATE
In this dramatic ing that he is really cut
courtroom thriller, Lt. out for trial work. The
100 General Esteves Street Daniel Kaffee (Cruise) , defense is originally
San Juan, Puerto Rico 00901-1400 a Navy lawyer who has based upon the fact that
Phone: 787-289-1400 Ext. 1030 never seen the inside of the victim, PFC Santi-
Fax: 787-289-1431 the courtroom, defends ago, was given a "CODE
two stubborn Marines RED".
who have been accused
of murdering a col-
league at the Guan- Santiago was basically a
http:// tanamo Bay Naval Sta- screw-up. At Gitmo,
screw-ups aren't toler-
www.facebook.com tion.
ated. Especially by Col.
Nathan Jessup
/PRNG.OSJA Kaffee is known as be- (Nicholson). In Cuba,
ing lazy and had ar- Jessup and two senior
ranged for a plea bar- officers try to give all the
gain. Downey's Aunt help they can, but Kaf-
Ginny appoints Cmdr. fee knows something's
Galloway (Moore) to fishy. In the conclusion
represent him. Also on of the film, the fireworks
the legal staff is Lt. Sam are set off by a confron-
Weinberg. The team tation between Jessup
 The Servicemembers Civil rounds up many facts and Kaffee.
Relief Act (SCRA)
 The 21st Century Puertorri-
m a t u r e mendous. It is a great
can Veterans Bill of Rights
scholarship, source of information
 Military Personnel & Fami- a clearly that I constantly use for
lies Fighting Against Iden- wr i t te n preparing for Law of
tity Theft guide to International Armed Conflict briefings
Humanitarian Law and
 How to File a Complaint Law Of Armed Conflict for units about to be
with the Federal Trade for the student who deployed overseas.
Commission comes to the class-
room knowing little or It provides good exam-
 Deter. Detect. Defend. nothing of this topic‖ ples, drawn from lessons
Avoid ID Theft and as ―an excellent learned in past conflicts
 Top 10 Reasons to Hire resource for military such as World War II up
Guard & Reserve Members officers of all grades to the Long War (also
and is absolutely indis-
known as the Global War
 Tips for Employers on their pensable for every
Guard & Reserve Employ- deployed judge advo- on Terror). It also pro-
ees from Employer Support cate."1 vides case law from both
of the Guard & Reserve the U.S. Supreme Court
Recently this book was
(ESGR) mentioned as a wel- and other forums. It is
come addition to those an excellent read for
 Military One Source: A
texts used while prepar- those officers and NCOs
Valuable Tool for Military Review By: ing a Law of War class. who have decided to
Members & their Families MAJ William E. O’Connor
In his article, Teaching a make the military their
 How to Dispute Credit Re- Law of War Class, MAJ J. career.
―The Law of Armed Con- Jeremy Marsh, USAF,
port Errors flict: International Hu- published in the Army 1. Foreword, The Law of
 Credit Repair: How to Help manitarian Law in War Lawyer, June 2010, MAJ
Yourself introduces law students Armed Conflict, Interna-
Marsh described this
and undergraduates to book as relevant, com- tional Humanitarian Law
 The Uniformed Services the law of war in an age of prehensive and very ac- in War, written by BG Pat-
Employment and Reem- terrorism‖. These words cessible. rick Finnegan, Dean of the
ployment Rights Act mark the beginning of a Academic Board, United
My experience in using
(USERRA) Fact Sheet textbook that has been States Military Academy.
described as ―a work of this book has been tre-
 Department of Labor:
Online USERRA Advisor ***The materials and information on this newsletter are made available by the PRNG OSJA for informational
and entertainment purposes only. It does not constitute legal advice. This newsletter is not intended as adver-
tising and it does not create an attorney-client relationship. Persons reading the information on this newsletter
should not act upon the information provided without seeking professional legal counsel.***

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