Eligibility for Legal Assistance
Eligible Clients. Title 10 U.S. Code Section 1044 authorizes the provision of
legal assistance to certain specified personnel in connection with their personal civil legal affairs,
subject to the availability of legal staff resources.
Legal assistance may be provided to:
- Members of the armed forces who are on active duty (including reservists
on active duty or scheduled for deployment).
- Members and former members entitled to retired or retainer pay or
equivalent pay.
- Officers of the commissioned corps of the Public Health Service who are
on active duty or entitled to retired or equivalent pay.
- Dependents of members and former members described in paragraphs (1),
(2), (3), and (4).
This statutory authority does not extend to civilian employees, except as discussed
below in conjunction with income tax filing assistance and civil notary services, or to
members of the Coast Guard Auxiliary whether or not acting under official orders.
Civilian employees and military members may also be eligible to participate in the Coast
Guard Work Life program's Employee Assistance Program (EAP) that includes a legal services
component. This consultation and referral service is not part of the legal assistance program.
This service offers free consultations and reduced fees for in court representation. Details on
this program are available from local EAP coordinators.
Eligible Areas of Law
A listing of the areas of the law that we most
frequently provide assistance with are listed below:
There are certain areas of the law
for which we are UNABLE to provide assistance. They are as follows:
Military Administrative Matters
- A complaint under Article 138 of the UCMJ. A petition for relief to the Board for Correction of Military Records (BCMR). A Personnel Records Review Board (PRRB).A rebuttal to a decision of a medical board. A rebuttal to a decision from the physical disability evaluation system (PDES). Evaluation appeals or rebuttals, or any other similar administrative complaint. Representation, advice or assistance of an individual with the presentation of any
discrimination, other civil rights, or constitutional claim or complaint against the Government.
- Assistance to a party, witness, or subject of an official criminal or administrative
investigation of the Coast Guard, Department of Homeland Security, Department of Defense
or any agency within DHS or DOD, concerning that official investigation.
Private Income Producing Matters
- Including but not limited to, issues pertaining to the establishment and management
of small business organizations (i.e., partnerships and small, closely-held corporations).
The lease of a principal residence shall not be considered a private income-producing matter
for purposes of this instruction.
Claims
- Tort against the United States.
- Monetary claim against the United States (i.e. personnel, TRICARE/CHAMPUS ).
- Defense of any monetary claim by the United States against an individual.
Complex Estate Planning and Probate Matters
- If a client requires estate planning assistance because of the size and/or complexity
of his or her estate or other special considerations, the client is advised to seek expert
civilian assistance.
In-Court Representation
- Except as permitted under the Extended Legal Assistance Program (ELAP) program.
Preparation for Your Legal Assistance Consultation
Please email or fax ALL relevant documentation to the Legal Assistance Yeoman before
your scheduled appointment.
Below is a generalized list of documents that may be needed for the Legal Assistance Attorney to adequately, counsel you:
- Bills
- Letters from creditors, landlords, or other parties to the dispute
- Letters to creditors, landlords, or other parties to the dispute
- Credit card statement
- Bank statement
- Birth certificate
- Child support Order
- Bill of sale
- Contract
- Financial statement
- Lending Agreement
- Social security numbers
- Dates of birth
- Green card
- Correct spelling of all names
- Lease
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