10 U.S.C. § 1041 — Replacement of certificate of discharge

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), Sept. 13, 1982, 96 Stat. 1052.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 1042 ......... 31:483b. June 19, 1956, ch. 409, 70 Stat. 297. The words ‘‘armed forces’’ are substituted for ‘‘Army, Navy, Air Force, Marine Corps, or Coast Guard’’ be- cause of 10:101(4). The words ‘‘honorably or’’ are added for consistency with 10:1040. § 1043. Service credit: service in the National Oceanic and Atmospheric Administration or the Public Health Service Active commissioned service in the National Oceanic and Atmospheric Administration or the Public Health Service shall be credited as active commissioned service in the armed forces for purposes of determining the retirement eligi- bility and computing the retired pay of a mem- ber of the armed forces. (Added Pub. L. 98–94, title X, § 1007(b)(1), Sept. 24, 1983, 97 Stat. 662.) § 1044. Legal assistance (a) Subject to the availability of legal staff re- sources, the Secretary concerned may provide legal assistance in connection with their per- sonal 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 of- ficer corps of the National Oceanic and Atmos- pheric Administration who are on active duty or entitled to retired or equivalent pay. (4) Members of reserve components not cov- ered by paragraph (1) or (2) following release from active duty under a call or order to ac- tive 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 mem- bers 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, ex- cept that the eligibility of such survivors shall be determined pursuant to regulations pre- scribed by the Secretary concerned. (7) Civilian employees of the Federal Gov- ernment serving in locations where legal as- sistance from non-military legal assistance providers is not reasonably available, except that the eligibility of civilian employees shall be determined pursuant to regulations pre- scribed by the Secretary concerned. (b) Under such regulations as may be pre- scribed by the Secretary concerned, the Judge Advocate General (as defined in section 801(1) of this title) under the jurisdiction of the Sec- retary, and within the Marine Corps the Staff Judge Advocate to the Commandant of the Ma- rine Corps, is responsible for the establishment and supervision of legal assistance programs under this section. (c) This section does not authorize legal coun- sel to be provided to represent a member or former member of the uniformed services de- scribed 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 civil- ian attorney who is authorized to provide mili- tary 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, satisfies the addi- tional qualifications and training requirements specified in subsection (d) of such section.