Ensuring fair treatment for Guard and Reserve members - Demobilization

When Reservists and Guard members return to civilian life, their commanders should look to their local judge advocate (JAG) to ensure fair treatment under the law regarding personal issues, including credit matters and reemployment.

In many cases, however, the service member will not be close enough to a base to engage the services of a JAG Corps attorney. State bar associations can help. In many instances, state bar associations have established special groups of volunteer attorneys within the local bar association to assist and ensure returning service members are treated fairly and in accordance with federal and state law. Many associations provide pro bono (free) legal services to returning service members.

Civilian employers generally try to support Guard and Reserve members. Upon completion of their military commitment and return to civilian life, for the vast majority their civilian jobs will be there.

There are legal mechanisms in place to deal with situations in which returnees have been replaced or are discouraged from returning to their jobs.

Reemployment issues are addressed by the Uniformed Services Employment and Reemployment Rights Act (USERRA, 38 USC Section 4301), passed in 1994 to ease the return to work for military personnel recalled to active duty.

Additionally, many states have reemployment laws on the books. For instance, the Illinois statute that complements USERRA is the Service Men's Employment Tenure Act (SMETA, 330 ILCS 60). That law covers private sector employees while in Illinois. Also, Illinois' Local Government Employees Benefits Continuation Act (50 IL CS 140) and Public Employee Armed Services Rights Act (5 ILCS 330) cover public service employees in that state.

The Soldiers and Sailors Civil Relief Act of 1940 (SSCRA, 50 USC 501 et al) provides for varying types of financial protection from creditors while members are deployed away from their home station. For instance, SSCRA allows, under certain circumstances, for mortgage relief and a moratorium on credit card payments during deployment.

The act could apply if a Reservist has preservice debts and deployment has a negative impact on the Reservist's ability to pay those debts. To obtain the relief the law allows, service members must provide creditors with many types of notice and documentation, such as copies of orders.

To locate a state bar association offering free legal assistance, go to the American Bar Association Web site: http://www.abanet.org/ legalservices/helpreservists. This site has many resources that JAGs, as well as commanders, will find invaluable in providing assistance for returning service members who come to them for help. It also has a link to a page listing all the state bar associations that deal with legal issues facing returning service members. The address is: http: //www.abanet.org/legalservices/helpreservists/ lamphrdirectory.html.

Ensuring fair treatment under the law is One of the ways we can thank our returning Folks for a job well done.

TIG Brief thanks LT. COL. TIM GUIDEN, chief of the Legal Assistance Division, Air Force Legal Services Agency, for his assistance in preparing this article.

Col. Gary Leonard USAFR AFIA/JA

Col. Wayne Wisniewski AFIA/JA

wayne:wisniewski@kirtland.af.mil

COPYRIGHT 2003 Air Force Inspector General
COPYRIGHT 2004 Gale Group