Legal Services FAQ
Legal Assistance
- Will the Navy provide me representation for my divorce case?
- Will the Navy provide me representation for my civil case involving landlord / tenant or any other non-divorce matter?
- I have an appointment to have my will done with a Navy attorney. What can I expect at the appointment and what do I need to bring to that appointment?
- Are there any limitations on estate planning services provided by the Navy Legal Service Office (NLSO)?
Defense / Personal Representative
- What is the job of a defense counsel at the Naval Legal Service Office (NLSO)?
- Do I need a lawyer?
- What should I do if I cannot come to the NLSO during normal defense walk-in hours?
- What should I do if I have a “legal emergency”?
- Can I speak to a lawyer over the phone about a “minor” problem?
- What rights do I have regarding making statements and speaking with an attorney?
- Should I make a statement?
- What rights do I have to military and civilian attorneys?
- What are “Captain’s Mast,” “NJP,” and “Office Hours”?
- What is/are an Administrative Separation Board and/or Board of Inquiry?
- Can I be administratively involuntarily separated without a Separation Board?
- Should I waive my administrative separation board?
- How do I file a complaint against my command?
Physical Evaluation Boards
- If I have a formal Physical Evaluation Board (PEB) pending, will I have an attorney to represent me at that board?
- I am being medically processed out of the service, but I am not at the point where I have a formal PEB pending. Can I still seek advice from counsel?
Legal Assistance
Q. Will the Navy provide me representation for my divorce case?
A. Usually, no. Divorce is a state matter, not a military or federal matter; therefore, you will more than likely need to seek local counsel in the jurisdiction where you intend to file your divorce case. But all states are different and a Navy attorney can give you general advice about separation and divorce procedures, and advise you on how to find an attorney who can represent you.
Q. Will the Navy provide me representation for my civil case involving landlord / tenant or any other non-divorce matter?
A. Ordinarily, no. However, under limited circumstances according to the local office’s policy, an attorney may be able to represent you in certain matters. A legal assistance attorney can, however, advise you on the specifics of your case, assist in helping you find counsel or prepare you to represent yourself in small claims court. Please call the local office for an appointment with an attorney if you have a case pending with which you need assistance.
Q. I have an appointment to have my will done with a Navy attorney. What can I expect at the appointment and what do I need to bring to that appointment?
A. You should bring a completed will worksheet (provided ahead of time by the legal assistance office). You will need a separate completed worksheet for yourself, as well as for your spouse if he will also have a will prepared. At the appointment, you will review all of your information with the attorney and you will have the opportunity to ask questions. After the appointment, you will usually have a second appointment to review and execute the will and any other ancillary documents you and the attorney decide you need. The will worksheet lists other documents you may need to bring to your appointment, such as life insurance policies and deeds to any real estate you own.
Q. Are there any limitations on estate planning services provided by the Navy legal service office?
A. Yes. If you own an S Corporation or own a working farm (or a share in a working farm), a Navy attorney will not be able to prepare a will for you. This is due to the complicated tax issues that arise with S Corporations and working farms, and therefore it is advisable to seek expert civilian counsel to assist in your estate planning. In addition, if you have extensive assets, there may be a limit to the services the Navy legal assistance office can provide. If you think this may be the case, please contact the office by phone to discuss the matter further and determine whether a Navy attorney can offer you adequate estate planning services.
Defense / Personal Representative
Q. What is the job of a defense counsel at the Naval Legal Service Office (NLSO)?
A. NLSO attorneys are law school graduates who are members of a state bar just like civilian attorneys. Unlike civilian attorneys, NLSO lawyers specialize in handling military cases and have attended specialized training at the Naval Justice School. Their job is to represent you, the client. They do not represent the Navy and they do not represent your command. Their oath requires them to represent you zealously within the bounds of the law and ethics.
Q. Do I need a lawyer?
A. If you are concerned that you may need to talk to a lawyer, then you probably do. Please come into our office during normal defense walk-in hours or contact the NLSO to schedule an appointment to meet with an attorney for further guidance.
Q. What should I do if I cannot come to the NLSO during normal defense walk-in hours?
A. In legitimate emergency situations where a legal question must be answered immediately and there is no way to come to the NLSO during the normal walk-in hours, please contact our defense office. We will make every effort to provide legal services in accordance with your needs.
Q. What should I do if I have a “legal emergency”?
A. In legitimate emergency situations where a legal question must be answered immediately and there is no way to contact the NLSO during normal working hours, please contact the NLSO CDO at the number provided.
Q. Can I speak to a lawyer over the phone about a “minor” problem?
A. NLSO attorneys are not allowed to give legal advice over the phone until after an initial in-person interview, except in case of emergencies. This applies to all clients regardless of the seriousness of the matter. If there is no way to come to the NLSO during normal walk-in hours and there is an emergency, please contact our office.
Q. What rights do I have regarding making statements and speaking with an attorney?
A. As a military service member, you have specific rights under Article 31(b) of the Uniform Code of Military Justice (UCMJ) and under the military’s version of “Miranda Rights,” known as “Miranda / Tempia Rights.”
PLEASE NOTE: If you are suspected of committing misconduct, then any attempt to interview you should begin with the investigator / questioner telling you that you are suspected of a specific violation of the Uniform Code of Military Justice or civilian criminal laws. They must tell you what the nature of the violation is so that you may direct your answers specifically to those allegations.
When interrogated, you should be told the following:
- You have the right to remain silent;
- Any statement you make may be used against you in a trial by court-martial (or any court of law);
- You have the right to consult with a lawyer before any questioning. This lawyer may be a civilian lawyer retained by you at your own expense, a military lawyer appointed to act as your lawyer (for the purposes of assisting you with the questioning) without cost to you, or both;
- You have the right to have such retained civilian lawyer and/or appointed military lawyer present during this interview; and
- If you decide to answer questions without a lawyer present, you have the right to stop the interview at any time. You also have the right to stop answering questions at any time in order to obtain a lawyer.
Q. Should I make a statement?
A. This question cannot be answered without first speaking to an attorney. You have certain legal rights (listed above) and one of them is to remain silent. You also have the right to speak to an attorney prior to making any statements. NLSO attorneys strongly encourage service members to seek legal advice prior to making any official or unofficial, written or oral statements to command representatives, law enforcement officials (military or civilian), investigators and any other person asking questions. Investigators and command members must advise you of your rights under Article 31(b) of the Uniform Code of Military Justice (UCMJ) prior to asking you any questions regarding criminal matters in which you are a suspect. Especially in situations where your rights are read or shown to you and you are told in advance of questioning that you are considered a suspect, NLSO attorneys strongly encourage you to exercise those rights and speak to an attorney prior to making any statement.
Q. What rights do I have to military and civilian attorneys?
A. As listed above, you have the right to retain a civilian attorney at your own expense. The decision whether to retain a civilian attorney is completely up to you. You also have the right to speak to a military attorney at no expense to you prior to any questioning. You have the right to have either or both of those attorneys present during any questioning. Although a military attorney can provide advice and counsel during an investigatory phase of questioning, a military attorney will not be “detailed” to your case specifically unless and until you have charges preferred against you and your command decides to refer the matter to a special court-martial, an Article 32 hearing or an administrative separation board. At court-martial, you also have the right to an “Individual Military Counsel,” that is, a military counsel of your own selection, provided that person is reasonably available. If your request for Individual Military Counsel is approved, you may also request that your originally detailed counsel remain on the case as well, and it will be up to the detailed counsel’s commanding officer (CO) to approve or deny the request. This means it is possible, and in fact is quite common, to have at least two military attorneys assigned to your case, at no expense to you.
Q. What are “Captain’s Mast,” “NJP,” and “Office Hours”?
A. Nonjudicial Punishment (NJP), also referred to as “Captain’s Mast” (Navy & Coast Guard), “Office Hours” (USMC) and “Article 15” (Army and Air Force), is a relatively informal and low-level forum for handling minor misconduct. Article 15 of the Uniform Code of Military Justice (UCMJ), located in the Manual for Courts-Martial (MCM), explains what constitutes “minor” misconduct and the basics of this process. It can be imposed by a commanding officer (CO) and specifically designated officers in charge. We encourage area service members to come into our offices for legal advice if they are facing possible legal action by their command. Please refer to the list of rights presented below.
Nonjudicial Punishment Rights (“Booker Rights”)
- You have the right to refuse mast (unless attached to or embarked on a vessel). See Article 15, UCMJ.
- You have the right to confer with an independent attorney.
- You have the right to appear personally before the CO or OIC.
- You have the right to be informed of your Article 31b, UCMJ rights. (See above.)
- You have the right to be accompanied by a spokesperson. This is a person you want to speak on your behalf — a spokesperson is different than having a witness present.
- You have the right to be informed of the evidence against you relating to the offense.
- You have the right to examine all evidence upon which the CO will rely in deciding about whether and how much NJP to impose.
- You have the right to present matters in defense, extenuation and/or mitigation, orally, in writing or both.
- You have the right to have witnesses present. The accused is generally the one who must arrange for the witnesses to attend
- You have the right to appeal a CO’s decision at mast. See Article 15(e), UCMJ for details. In general you can appeal on the grounds the punishment was unjust or disproportionate. The appeal should be “prompt” (within five days) and directed to the next superior authority via the “proper channels” (chain of command). See Part V of the MCM for “set aside” procedures where “a clear injustice” has occurred.
Q. What is/are an Administrative Separation Board and/or Board of Inquiry?
A. Administrative Separation Boards (Admin Boards) and Boards of Inquiry (BOIs) are administrative hearings at which a service member may be processed for an administrative discharge. They are similar in some ways to courts-martial, they are solely administrative and not punitive in nature. Like a court-martial, it is an adversarial proceeding, meaning the government can present its case, and the service member (“respondent”) can present his case. At an Admin Board or BOI, the respondent has several important rights, including the right to be represented by a detailed military attorney, the right to a civilian attorney at no expense to the government, the right to call witnesses, the right to present evidence, the right to challenge the evidence against him, and the right to remain silent. The Military Rules of Evidence generally do not apply to boards and a board’s decisions about whether misconduct occurred are based upon a preponderance of the evidence standard. Admin Boards are for enlisted personnel and are governed by Chapter 19 of the Naval Military Personnel Manual (MILPERSMAN) for the Navy, Chapter 12 of the Coast Guard Personnel Manual or the Marine Corps Enlisted Separations Manual (MARCORSEPMAN) for the Marine Corps. BOIs are governed by SECNAVINST 1920.6C.
If a service member was found guilty at a prior mast proceeding, then the board is NOT bound by that finding. If a service person was convicted at a court-martial or by a civilian court, and is being processed for separation on the basis of the same underlying misconduct, the board IS bound by the misconduct determination. However, the board is still free to decide whether separation is warranted and, if so, what characterization of discharge should be awarded. Though the proceeding is considered non-punitive, there is no question that the consequences of administrative separation with certain characterizations of service can have significant negative consequences regarding loss of virtually all veteran’s benefits, retirement pay (if retirement eligible), civilian employment and inability to reenlist or hold some government jobs or security clearances. Types of discharge possible at an Admin Board or BOI range from Honorable to General (Under Honorable Conditions), to Other Than Honorable (OTH).
Q. Can I be administratively involuntarily separated without a Separation Board?
A. Yes, in certain circumstances. For example, if you have less than six years in the Navy (five years for Coast Guard), you can be involuntarily administratively separated without a board so long as the characterization of discharge is General (Under Honorable Conditions) or Honorable. If you have more than six years in the Navy, you cannot be involuntarily separated without a board, regardless of the discharge type. In either circumstance, you cannot be separated with an Other Than Honorable discharge without an Administrative Separation Board (or unless you waive your right to a board).
Q. Should I waive my administrative separation board?
A. Most defense attorneys will tell you this is not a good idea. If you waive the board, the likely outcome will be an Other Than Honorable discharge, which is the worst you can receive if you go before the borard and lose. However, there are certain limited circumstances where waiving a board might be in your best interest. Defense attorneys strongly advise service members to consult with an attorney prior to waiving any of your rights as they relate to administrative separation, especially the right to a board.
Q. How do I file a complaint against my command?
A. If the complaint is against your current commanding officer, then you file the complaint under the provisions of Article 138 of the Uniform Code of Military Justice. If your complaint is against another service member other than your current commanding officer, file your complaint in accordance with Article 1150 of the U.S. Navy Regulations. Defense counsel can advise you on these provisions.
Physical Evaluation Boards
Q. If I have a formal Physical Evaluation Board (PEB) pending, will I have an attorney to represent me at that board?
A. Yes. You will be assigned Navy counsel who will contact you once he has received your case and has a chance to review it. Once you have been assigned counsel, you will be able to discuss your case in detail with him, receive advice, as well as representation at the formal hearing.
Q. I am being medically processed out of the service, but I am not at the point where I have a formal PEB pending. Can I still seek advice from counsel?
A. Yes. If you know you are facing medical processing (you have received informal findings from the PEB, for example), you can still discuss your case with a Navy attorney. Please contact NLSO North Central at (202) 685-5569 / 5580 and an attorney will call you back regarding your case.