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10 U.S.C. § 1044 — Legal assistance
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Subject to the availability of legal staff resources, the Secretary concerned may provide legal assistance in connection with their personal civil legal affairs to the following persons:
(1) Members of the armed forces who are on active duty.
(2) Members and former members entitled to retired or retainer pay or equivalent pay.
(3) Officers of the commissioned corps of the Public Health Service or the commissioned officer corps of the National Oceanic and Atmospheric Administration who are on active duty or entitled to retired or equivalent pay.
(4) Members of reserve components not covered by paragraph (1) or (2) following release from active duty under a call or order to active duty for more than 30 days issued under a mobilization authority (as determined by the Secretary), for a period of time (prescribed by the Secretary) that begins on the date of the release and is not less than twice the length of the period served on active duty under that call or order to active duty.
(5) Dependents of members and former members described in paragraphs (1), (2), (3), and (4).
(6) Survivors of a deceased member or former member described in paragraphs (1), (2), (3), and (4) who were dependents of the member or former member at the time of the death of the member or former member, except that the eligibility of such survivors shall be determined pursuant to regulations prescribed by the Secretary concerned.
(7) Civilian employees of the Federal Government serving in locations where legal assistance from non-military legal assistance providers is not reasonably available, except that the eligibility of civilian employees shall be determined pursuant to regulations prescribed by the Secretary concerned.
**(b)** Under such regulations as may be prescribed by the Secr
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Source file: Laws/federal/codes/united-states-code/title-10/section-1044-legal-assistance--642529293a.md
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Source location: Title 10, Chapter 53, § 1044; chapter-053-miscellaneous-rights-and-benefits.md
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**(a)** Subject to the availability of legal staff resources, the Secretary concerned may provide legal assistance in connection with their personal civil legal affairs to the following persons:
(1) Members of the armed forces who are on active duty.
(2) Members and former members entitled to retired or retainer pay or equivalent pay.
(3) Officers of the commissioned corps of the Public Health Service or the commissioned officer corps of the National Oceanic and Atmospheric Administration who are on active duty or entitled to retired or equivalent pay.
(4) Members of reserve components not covered by paragraph (1) or (2) following release from active duty under a call or order to active duty for more than 30 days issued under a mobilization authority (as determined by the Secretary), for a period of time (prescribed by the Secretary) that begins on the date of the release and is not less than twice the length of the period served on active duty under that call or order to active duty.
(5) Dependents of members and former members described in paragraphs (1), (2), (3), and (4).
(6) Survivors of a deceased member or former member described in paragraphs (1), (2), (3), and (4) who were dependents of the member or former member at the time of the death of the member or former member, except that the eligibility of such survivors shall be determined pursuant to regulations prescribed by the Secretary concerned.
(7) Civilian employees of the Federal Government serving in locations where legal assistance from non-military legal assistance providers is not reasonably available, except that the eligibility of civilian employees shall be determined pursuant to regulations prescribed by the Secretary concerned.
**(b)** Under such regulations as may be prescribed by the Secretary concerned, the Judge Advocate General (as defined in [section 801(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section801/1&num=0&edition=prelim)) under the jurisdiction of the Secretary, and within the Marine Corps the Staff Judge Advocate to the Commandant of the Marine Corps, is responsible for the establishment and supervision of legal assistance programs under this section.
**(c)** This section does not authorize legal counsel to be provided to represent a member or former member of the uniformed services described in subsection (a), or the dependent of such a member or former member, in a legal proceeding if the member or former member can afford legal fees for such representation without undue hardship.
**(d)**
(1) Notwithstanding any law regarding the licensure of attorneys, a judge advocate or civilian attorney who is authorized to provide military legal assistance is authorized to provide that assistance in any jurisdiction, subject to such regulations as may be prescribed by the Secretary concerned.
(2) Military legal assistance may be provided only by a judge advocate or a civilian attorney who is a member of the bar of a Federal court or of the highest court of a State and, for purposes of service as a Special Victims’ Counsel under [section 1044e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1044e&num=0&edition=prelim), satisfies the additional qualifications and training requirements specified in subsection (d) of such section.
(3) In this subsection, the term “military legal assistance” includes—
(A) legal assistance provided under this section; and
(B) legal assistance contemplated by sections 1044a, 1044b, 1044c, 1044d, 1044e, 1565b(a)(1)(A), and 2894(b)(4) of this title.
**(e)** The Secretary concerned shall define “dependent” for the purposes of this section.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Designation; Purposes.—**
(1) The Secretary concerned shall designate legal counsel (to be known as “Special Victims’ Counsel”) for the purpose of providing legal assistance to an individual described in paragraph (2) who is the victim of an alleged sex-related offense, regardless of whether the report of that offense is restricted or unrestricted.
(2) An individual described in this paragraph is any of the following:
(A) An individual eligible for military legal assistance under [section 1044 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1044&num=0&edition=prelim).
(B) An individual who is—
(i) not covered under subparagraph (A);
(ii) a member of a reserve component of the armed forces; and
(iii) a victim of an alleged sex-related offense as described in paragraph (1)—
(I) during a period in which the individual served on active duty, full-time National Guard duty, or inactive-duty training; or
(II) during any period, regardless of the duty status of the individual, if the circumstances of the alleged sex-related offense have a nexus to the military service of the victim, as determined under regulations prescribed by the Secretary of Defense.
(C) A civilian employee of the Department of Defense who is not eligible for military legal assistance under [section 1044(a)(7) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1044/a/7&num=0&edition=prelim), but who is the victim of an alleged sex-related offense, and the Secretary of Defense or the Secretary of the military department concerned waives the condition in such section for the purposes of offering Special Victims’ Counsel services to the employee.
**(b) Types of Legal Assistance Autho
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1044e
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The persons named in subsection (b) have the general powers of a notary public and of a consul of the United States in the performance of all notarial acts to be executed by any of the following:
(1) Members of any of the uniformed services.
(2) Other persons eligible for legal assistance under the provisions of [section 1044 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1044&num=0&edition=prelim) or regulations of the Department of Defense.
(3) Persons serving with, employed by, or accompanying the armed forces outside the United States and outside the Commonwealth of Puerto Rico, Guam, and the Virgin Islands.
(4) Other persons subject to the Uniform Code of Military Justice (chapter 47 of this title) outside the United States.
**(b)** Persons with the powers described in subsection (a) are the following:
(1) All judge advocates, including reserve judge advocates when not in a duty status.
(2) All civilian attorneys serving as legal assistance attorneys.
(3) All adjutants, assistant adjutants, and personnel adjutants, including reserve members when not in a duty status.
(4) All other members of the uniformed services, including reserve members when not in a duty status, who are designated by regulations of the uniformed services or by statute to have those powers.
(5) For the performance of notarial acts at locations outside the United States, all employees of a military department or the Coast Guard who are designated by regulations of the Secretary concerned or by statute to have those powers for exercise outside the United States.
(6) All civilian paralegals serving at military legal assistance offices, supervised by a military legal assistance counsel (as defined in [section 1044d(g) of this title](htt
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1044a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Instruments To Be Given Legal Effect Without Regard to State Law.—** An advance medical directive executed by a person eligible for legal assistance—
(1) is exempt from any requirement of form, substance, formality, or recording that is provided for advance medical directives under the laws of a State; and
(2) shall be given the same legal effect as an advance medical directive prepared and executed in accordance with the laws of the State concerned.
**(b) Advance Medical Directives.—** For purposes of this section, an advance medical directive is any written declaration that—
(1) sets forth directions regarding the provision, withdrawal, or withholding of life-prolonging procedures, including hydration and sustenance, for the declarant whenever the declarant has a terminal physical condition or is in a persistent vegetative state; or
(2) authorizes another person to make health care decisions for the declarant, under circumstances stated in the declaration, whenever the declarant is incapable of making informed health care decisions.
**(c) Statement To Be Included.—**
(1) Under regulations prescribed by the Secretary concerned, an advance medical directive prepared by an attorney authorized to provide legal assistance shall contain a statement that sets forth the provisions of subsection (a).
(2) Paragraph (1) shall not be construed to make inapplicable the provisions of subsection (a) to an advance medical directive that does not include a statement described in that paragraph.
**(d) States Not Recognizing Advance Medical Directives.—** Subsection (a) does not make an advance medical directive enforceable in a State that does not otherwise recognize and enforce advance medical directives under the laws of the State.
**(e) Definitions.—** In this sectio
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1044c
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Testamentary Instruments To Be Given Legal Effect.—** A military testamentary instrument—
(1) is exempt from any requirement of form, formality, or recording before probate that is provided for testamentary instruments under the laws of a State; and
(2) has the same legal effect as a testamentary instrument prepared and executed in accordance with the laws of the State in which it is presented for probate.
**(b) Military Testamentary Instruments.—** For purposes of this section, a military testamentary instrument is an instrument that is prepared with testamentary intent in accordance with regulations prescribed under this section and that—
(1) is executed in accordance with subsection (c) by (or on behalf of) a person, as a testator, who is eligible for military legal assistance;
(2) makes a disposition of property of the testator; and
(3) takes effect upon the death of the testator.
**(c) Requirements for Execution of Military Testamentary Instruments.—** An instrument is valid as a military testamentary instrument only if—
(1) the instrument is executed by the testator (or, if the testator is unable to execute the instrument personally, the instrument is executed in the presence of, by the direction of, and on behalf of the testator);
(2) the execution of the instrument is notarized by—
(A) a military legal assistance counsel;
(B) a person who is authorized to act as a notary under [section 1044a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1044a&num=0&edition=prelim) who—
(i) is not an attorney; and
(ii) is supervised by a military legal assistance counsel; or
(C) a State-licensed notary employed by a military department or the Coast Guard who is supervised by a military legal assistance
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1044d
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Availability of Legal Assistance and Victim Advocate Services.—**
(1) A member of the armed forces, or a dependent of a member, who is the victim of a sexual assault may be provided the following:
(A) Legal assistance provided by military or civilian legal assistance counsel pursuant to sections 1044 and 1044e of this title.
(B) Assistance provided by a Sexual Assault Response Coordinator.
(C) Assistance provided by a Sexual Assault Victim Advocate.
(2) A member of the armed forces or dependent who is the victim of sexual assault shall be informed of the availability of assistance under paragraph (1) as soon as the member or dependent seeks assistance from a Sexual Assault Response Coordinator, a Sexual Assault Victim Advocate, a military criminal investigator, a victim/witness liaison, or a trial counsel. The member or dependent shall also be informed that the legal assistance and the services of a Sexual Assault Response Coordinator or a Sexual Assault Victim Advocate under paragraph (1) are optional and may be declined, in whole or in part, at any time.
(3) Subject to such exceptions for exigent circumstances as the Secretary of Defense and the Secretary of the Department in which the Coast Guard is operating may prescribe, notice of the availability of a Special Victims’ Counsel under [section 1044e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1044e&num=0&edition=prelim) shall be provided to a member of the armed forces or dependent who is the victim of sexual assault before any military criminal investigator or trial counsel interviews, or requests any statement from, the member or dependent regarding the alleged sexual assault.
(4) Legal assistance and the services of Sexual Assault Response Coordina
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1565b
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority To Accept Services.—** Subject to subsection (b) and notwithstanding [section 1342 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1342&num=0&edition=prelim), the Secretary concerned may accept from any person the following services:
(1) Voluntary medical services, dental services, nursing services, or other health-care related services.
(2) Voluntary services to be provided for a museum or a natural resources program.
(3) Voluntary services to be provided for programs providing services to members of the uniformed services and the families of such members, including the following programs:
(A) Family support programs.
(B) Child development and youth services programs.
(C) Library and education programs.
(D) Religious programs.
(E) Housing referral programs.
(F) Programs providing employment assistance to spouses of such members.
(G) Morale, welfare, and recreation programs, to the extent not covered by another subparagraph of this paragraph.
(4) Voluntary services as a member of a funeral honors detail under [section 1491 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1491&num=0&edition=prelim).
(5) Legal services voluntarily provided as legal assistance under [section 1044 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1044&num=0&edition=prelim).
(6) Voluntary services as a proctor for administration to secondary school students of the test known as the “Armed Services Vocational Aptitude Battery”.
(7) Voluntary translation or interpretation services offered with respect to a foreign language by a person (A) who is registered for such foreign language on the National Foreign Language Skills Registr
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1588
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Development of Tenant Bill of Rights and Tenant Responsibilities Documents.—**
(1) The Secretary of Defense shall develop two separate documents, to be known as the Military Housing Privatization Initiative Tenant Bill of Rights and the Military Housing Privatization Initiative Tenant Responsibilities, for tenants of housing units.
(2) The Secretary of each military department shall ensure that the housing documents are attached to each lease agreement for a housing unit.
(3) The rights and responsibilities contained in the housing documents are not intended to be exclusive. The omission of a tenant right or responsibility shall not be construed to deny the existence of such a right or responsibility for tenants.
(4) Each contract between the Secretary concerned and a landlord shall incorporate the housing documents and guarantee the rights and responsibilities of tenants who reside in housing units covered by the contract.
(5) The Secretary of Defense shall develop the housing documents in coordination with the Secretaries of the military departments.
**(b) Elements of Tenant Bill of Rights.—** At a minimum, the Military Housing Privatization Initiative Tenant Bill of Rights shall address the following rights of tenants of housing units:
(1) The right to reside in a housing unit and community that meets applicable health and environmental standards.
(2) The right to reside in a housing unit that has working fixtures, appliances, and utilities and to reside in a community with well-maintained common areas and amenity spaces.
(3) The right to be provided with a maintenance history of the prospective housing unit before signing a lease, as provided in [section 2892a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2890
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Process Required; Purpose.—** The Secretary concerned shall implement a standardized formal dispute resolution process to ensure the prompt and fair resolution of disputes that arise between landlords providing housing units and tenants residing in housing units concerning maintenance and repairs, damage claims, rental payments, move-out charges, and such other issues relating to housing units as the Secretary determines appropriate.
**(b) Process Elements.—**
(1) The dispute resolution process shall include the process by which a tenant may request that certain payments otherwise authorized to be paid to a landlord are withheld, as provided in subsection (e).
(2) The process shall designate the installation or regional commander in charge of oversight of housing units as the deciding authority under the dispute resolution process.
(3) The Secretary concerned shall establish a standardized mechanism and forms by which a tenant of a housing unit may submit, through online or other means, a request for resolution of a landlord-tenant dispute through the dispute resolution process.
(4) The Secretary shall ensure that, in preparing a request described in paragraph (3), a tenant has access to advice and assistance from a military housing advocate employed by the military department concerned or a military legal assistance attorney under [section 1044 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1044&num=0&edition=prelim).
(5) The Secretary concerned shall minimize costs to tenants for participation in the dispute resolution process.
(6) The dispute resolution process shall require the installation or regional commander (as the case may be) to record each dispute in the complaint database established under [section 28
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2894
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Federal law — U.S. Code and appendices · legal_authorities
Page 928
TITLE 10—ARMED FORCES
§ 1041
EFFECTIVE DATE OF 1983 AMENDMENT
Pub. L. 98–94, title IX, § 913(c), Sept. 24, 1983, 97 Stat.
640, provided that: ‘‘The amendments made by sub-
sections (a) and (b) [amending this section and section
1036 of this title] shall apply to travel performed by es-
corts or attendants of dependents on or after the date
of the enactment of this Act [Sept. 24, 1983].’’
EFFECTIVE DATE OF 1980 AMENDMENT
Amendment by Pub. L. 96–513 effective Dec. 12, 1980,
see section 701(b)(3) of Pub. L. 96–513, set out as a note
under section 101 of this title.
§ 1041. Replacement of certificate of discharge
If satisfactory proof is presented that a person
who was discharged honorably or under honor-
able conditions has lost his certificate of dis-
charge from an armed force or that it was de-
stroyed without his procurement or connivance,
the Secretary concerned may give that person,
or his surviving spouse, a certificate of that dis-
charge, indelibly marked to show that it is a
certificate in place of the lost or destroyed cer-
tificate. A certificate given under this section
may not be accepted as a voucher for the pay-
ment of a claim against the United States for
pay, bounty, or other allowance, or as evidence
in any other case.
(Added Pub. L. 90–235, § 7(a)(2)(A), Jan. 2, 1968, 81
Stat. 762, § 1040; renumbered § 1041, Pub. L. 96–513,
title V, § 511(33)(A), Dec. 12, 1980, 94 Stat. 2922.)
§ 1042. Copy of certificate of service
A fee for a copy of a certificate showing serv-
ice in the armed forces may not be charged to—
(1) a person discharged or released from the
armed forces honorably or under honorable
conditions;
(2) the next of kin of the person; or
(3) a legal representative of the person.
(Added Pub. L. 97–258, § 2(b)(2)(B
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 1044
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