The Barracks Lawyer - Vol. 2, Issue 5 - Davis-Monthan Air Force Base

THE AIRMAN’S SOURCE FOR LEGAL INFORMATION
THE BARRACKS LAWYER
VOLUME 2, ISSUE 5
MAY 2013
PRIVATE ORGANIZATIONS: RULES OF THE ROAD
Private organizations
(POs) are self-sustaining
special interest groups and
non-federal entities. They
are not a part of the USAF.
They write their own constitutions
and by-laws. They
elect their own leadership.
They independently decide
how to spend their funds and
pay their own bills. If they
go into debt, they alone are
responsible for paying their
own bills. If sued, the PO
will need to hire a civilian
attorney. If someone is
harmed by the activities of a
PO, they are potentially liable
for any damages. If a PO
does not have enough money
to pay its bills, every member
of the PO may be legally
responsible.
The rules of the road for
POs operating on a USAF
base are found in AFI 34-223
and AFI 36-3101. The rules
are designed to separate the
USAF and a PO. As a member
of the USAF, you must
always remember that a PO,
even a booster club, is not
part of the USAF and must
be treated as a non-federal
entity.
Although not exhaustive of
all PO rules, the following
list highlights some key rules
to remember for POs:
(1) Government resources
are normally not available for
use by POs. Military members
and civilian employees
may not work for the PO
during their duty time, nor
may they conduct PO fundraisers
while on duty, in the
workplace, or in uniform.
POs must furnish their own
equipment, supplies or other
materials. However, the
USAF may provide a POs a
place to conduct a meeting of
a reasonable duration.
(2) POs can only conduct
fundraisers with permission.
The installation commander
approves fundraisers. At DM,
this has been delegated to the
355 FSS/CC.
(3) POs should not pretend
to be an official part of the
USAF. They are not. A PO
may not use the seal, logo or
insignia of the DoD or the
USAF. It should not use
USAF letterhead. The PO
cannot conduct its business
using government resources
without permission.
(4) POs can enter into contracts.
However, the contract
should NOT say it is between
the USAF and a business.
Again, POs are completely
separate from the USAF.
They cannot represent or
commit the USAF to a contract.
If a PO falsely represented
that it was part of the
USAF, it may be fraud and
grounds for the dissolution of
the PO on an installation.
Questions? Call Legal! 228-5242
PRIVATE ORGANIZATIONS WORKSHOP
HOSTED BY LEGAL OFFICE ON 21 MAY 2013
The Legal Office will be hosting a Private Organizations (PO) workshop to help you
“keep legal” while setting up and operating a PO on base. The workshop will be held at
the Kennedy Professional Development Center, Room 137, on Tuesday, 21 May at
1100. The PO workshop will be immediately followed by a fundraising seminar at
1200, same location, geared towards your common fundraising questions and myths.
The PO workshop and fundraising seminar are open to all POs, Commanders, First
Sergeants, Committee Leads and anyone interested in setting up a PO or fundraising on
base. Please feel free to bring your lunch and plenty of questions! The workshop and
seminar POCs are SSgt Libby Kehr or SrA Alyssa Crew, 355 FW/JA, DSN 228-5242.
LEGAL ASSISTANCE
Powers of Attorney
& Notary Service
Monday - Friday
(walk-in basis)
0830-1530
*Military Priority
1100-1300
Attorney Visit
Tuesday - Thursday
(by appointment only)
0900-1530
Friday (walk-in basis)
Active Duty/Dep. Only
0730-0830
LEGAL OFFICE CLOSED
We will be closed on
17 May 2013
from 1030-1430
and 23-27 May for
Memorial Day.
CLAIMS ASSISTANCE
Air Force Claims
Service Center
Fast * Friendly * Fair
M-F 0700-1700 EST
Phone: 877-754-1212
Damage of Household
Goods from DPS
Shipments
www.move.mil
355 FW/JA 5275 E. Granite St. DMAFB, AZ 85707-3845 (Bldg 2300) ph: 520-228-5242

SERVICEMEMBERS CIVIL
RELIEF ACT (SCRA)
LEASE TERMINATION
According to the SCRA, military members
who receive orders to deploy or
PCS for more than 90 days, may terminate
their lease if: 1) notice is given in
writing; and, 2) a copy of orders accompanies
your notice. Note, termination
begins 30 days after your next rental
payment due date. So, if your rent is
due on the first of the month and you
give notice mid-month, you will still be
responsible for the next six weeks.
Many military clauses in residential leases
do not account for long-term TDYs
or orders to move on base. Therefore, it
would benefit you to request that language
be included in the military clause.
To make an appointment to have your lease
reviewed by a JAG, call 228-5242.
PREPARING FOR YOUR
LEGAL ASSISTANCE APPOINTMENT
LOG ONTO: https:://aflegalassistance.law.af.mil
Wills & Powers of Attorney
1. Click on tab “Legal Worksheets.”
2. Complete worksheet for documents you wish to have created.
3. Save your ticket number, then call the Legal Office for an appointment.
4. Please complete online survey!
Legal Assistance
1. Click on tab “Legal Information.”
2. If the information you are looking for is not listed, call the Legal Office
for an appointment.
3. Please complete online survey!
TO SCHEDULE AN APPOINTMENT
CALL 228-5242
WISDOM - VALOR - JUSTICE
LINE OF DUTY DETERMINATIONS & DRIVING UNDER THE INFLUENCE
In 2010, an Airman operating an All Terrain Vehicle (ATV) under the influence of alcohol crashed into a tree and was
killed. He had a blood alcohol content of more than twice the legal limit in his system and was not wearing a helmet or
other protective equipment. The Airman’s death was found to be “Not in the Line of Duty” (NITLD) due to personal
misconduct. The divorced Airman’s daughter received $400,000 from SGLI, a death gratuity of $100,000, and the Airman’s
unpaid pay and allowances. However, based on the NITLD determination, his child did not receive the following:
(1) Initial Annuity:
Paid to a surviving dependent that is equal to 55% of the retired pay base (Survivor Benefit Plan), which is retired pay
computed for total disability if the death was in the line of duty.
(2) VA Dependency and Indemnity Compensation (DIC) Benefits:
These are payments authorized for surviving spouses who have not remarried, unmarried children under age 18, disabled
children, and children between the age of 18 and 23 if attending a VA-approved school. The DIC payments are not
based on the member’s pay grade and are payable to the spouse for life, as long as the spouse does not remarry. The current
monthly payment is $1195 (per Public Law 103-418). The amount paid for a spouse with one or more children of
the deceased is increased for each child; the current monthly amount per child is $296.
(3) Montgomery GI Bill Death Benefits:
If the member participated in the Montgomery GI Bill, the VA will refund an amount equal to that contributed, less
any benefits paid, unless the death was a result of willful misconduct.
As a direct result of the member’s personal misconduct, his child will lose approximately $1,502 per
month or $18,024 a year. In this case, this equates to approximately $252,336; and if the member’s child
attends college, benefits lost would be as high as $342,456.