was successfully added to your cart.


82Nd Airborne Division Legal Assistance Office

By September 21, 2022Uncategorized

This work, Fort Bragg legal provides information, support for smooth pcS, must meet the limitations indicated on www.dvidshub.net/about/copyright. Courtesy of Photo | The files are available at the Legal Aid Office of the XVIII Airborne Corps on 5 July. As soldiers and families prepare to leave the area, the XVIII Airborne Corps Legal Advisory Office and the 82nd Airborne Division Legal Aid Office are there to help support PCS legal assistance. (U.S. Army photo of 1st Lieutenant Shelby Brown, Associate Judge, XVIII Airborne Corps) less | View image page FORT BRAGG, N.C. – It`s summer and for some in Fort Bragg, that means time for yard barbecues, while for others it`s a permanent change of neighborhood season. As soldiers and families prepare to leave the area, the Office of Legal Counsel of the XVIII. Airborne Corps as well as the 82nd Airborne Division Legal Aid Office here to help support PCS legal assistance. “The CSP season brings with it specific legal challenges for our soldiers and families, and we want to make sure they are ready,” said Captain Anthony Kratz, chief of legal aid for the XVIII Airborne Corps. “These guidelines are by no means exhaustive, and if a soldier feels they have a legal aid problem, we want them to know that the Legal Aid Office is there to help.” One area where legal challenges remain is the contract and lease review process. It is important to review the contract with the moving company and make sure that all the conditions are acceptable.

In addition, caution is advised when reviewing the lease. The landlord is responsible for informing the tenant of any material problems in the rented property, including invisible defects and repairs. Finally, tenants should be aware of the waiver of the tacit guarantee of habitability, which guarantees that the rental does not have major defects that would make life there significantly unpleasant. “Tenants should always be vigilant about whether or not they have waived their rights under the Civil Military Relief Act,” Kratz said. “Waivers of the SCRA must be the subject of a separate addendum to the lease and cannot be incorporated into the standard wording of the lease.” The SCRA provides members of the service with important protection before and during availability. It allows a member of the service and his dependents to terminate residential and vehicle rental contracts if he receives orders for a permanent station change. In the case of residential leases, the landlord must receive written notice of termination and a copy of the orders. The rental agreement then ends no earlier than 30 days after the next payment of the rent. Under the SCRA, landlords cannot charge a fee for early termination, including reimbursement of rental concessions or discounts. In addition, the landlord must repay any prepayment of rent within 30 days. Vehicle leases can be terminated if a soldier receives orders from PCS outside the continental United States or lives in Hawaii or Alaska and receives orders outside of those states. The effective date of termination of vehicle rental agreements is the date of termination and proper return of the vehicle, which may not exceed 15 days.

In addition, the creditor who leases the vehicle must reimburse the capitalized cost reduction amounts to the member of the service. “It is important for soldiers to know that the SCRA offers much more protection to those who are materially affected by military service than the considerations of the CSP,” Kratz said. Another legal consideration is the Personnel Damages Act. The Personnel Damage Act may cover household items that were damaged or destroyed during the CPS relocation process. The procedure for requesting household items is the submission of the joint declaration of loss or damage DD 1840 upon delivery and the notice of loss or damage DD 1840R no later than 70 days after the date of delivery. These documents constitute official notification to the contracting carrier of the loss and/or damage claimed and initiate the claim procedure. “One of the best ways to obtain claims for destruction or damage to items that are being moved is to document and catalog all household items to be transported,” said Captain Hayley Boyd, Chief of Legal Aid for the 82nd Airborne Division. “Be sure to take pictures of each item, especially the most valuable and fragile items.” A final legal consideration is the power of attorney.

“Many soldiers are familiar with powers of attorney because of their experience dealing with soldier readiness,” Boyd said. “However, many don`t realize that powers of attorney can be used to delegate power to another person, called the agent, to make decisions about ownership, finances, investments, or medical care for the developer.” If a soldier is not present to sign legal documents such as leases, contracts, or other documents for property, they can provide a power of attorney to a designated and trusted agent. The delegated agent does not need to be present to sign the power of attorney, but should be informed of the delegated authorities. Powers of attorney can have an expiration date of up to two years. “We know how stressful the PCS season can be,” Boyd said. “The legal aspect of the resettlement process can be tedious and mentally exhausting. We are here to help our soldiers and families, not only in the resettlement process, but also in other legal assistance matters. For assistance in any of these areas or other legal advice, contact the XVIII Airborne Corps Legal Support Office at 910-396-6113 or the 82nd Airborne Corps Legal Support Office in usarmy.bragg.forscom.list.82nd-legal-assistance@army.mil. (History of 1st Lt Shelby Brown, Rechtshilferichter, XVIII Airborne Corps and 1st Lt.