Operation Enduring LAMP
Mobilizing Bar Associations to Provide Legal Help for Military Personnel/Reservists

FAQ's - Reservist Mobilization

What are the numbers of reservists being mobilized?

The President invoked the Partial Mobilization Statute, which authorizes a call-up of one million from the Reserve and National Guard. The President has given the Secretary of Defense authority to call up 50,000 from the Reserve and National Guard. The President gave the Secretary of Defense authority to call up 50,000 from the Reserve and National Guard.

The call-up authority that the Secretary of Defense has given to the services is 45,500, broken down as follows: Air Force, 20,000; Army, 10,000; Marine Corps, 7,500; Coast Guard, 5,000; and Navy 3,000.

In contrast, the number of reservists mobilized in Desert Storm was 265,322.

What kind of help does the military need in this reservist mobilization?

The quick answer today, in general, is that the current call-up numbers are within the capacity of the military legal assistance structure to handle. As part of the regular mobilization process, certain services are provided to the reservist being activated. Legal services are part of that package. Reserve units not already activated are conducting pre-mobilization legal checks at their reserve units. JAGs knowledgeable about the military provisions that are relevant to a reservist are, in general, handling these pre-mobilization drills. As part of an actual call-up, the reservist is also provided with a "legal check-up" at a central mobilization site. Independent of either of these activities, reservists may be getting their own personal legal affairs in order. (Please see the Overview section for more information about mobilization procedures.)

What can bar associations do to be of assistance?

Get prepared. Identify volunteers, and train them in the relevant areas of law. Register your bar association's availability for pro bono assistance at this site. Today's numbers are within capacity for the various branches, but that situation can change quickly. Many of the legal issues that would confront a reservist are within the customary practice of a general practitioner, and those attorneys with particular expertise in estate and probate, family law, and consumer matters are valuable. It is also important that these practitioners be familiar with the laws that impact estate planning and employment law issues that provide additional protection for reservists who are mobilized. (Please see elsewhere for USERRA and SSCRA.)

What should I do if I receive a call from a reserve unit asking for assistance in a pre-mobilization drill?

Please ask them to go back up their respective chain-of-command to insure that the appropriate legal assistance officers within their command are aware of their need. In this way, the necessary legal support can be provided to them in a coordinated and comprehensive fashion. In the event that the legal assistance officers responsible for preparedness issues are not able to provide these services, that information can be communicated to the bar association and an important service can be provided to the reserve unit. But, the first step is to insure that the appropriate legal assistance officers have been made aware of the need.

What kind of legal services might reservists need?

There are three phases to the services that might be needed: issues that arise while the reservist is gone on active duty; when the reservist returns from mobilization; and casualty assistance in the event the reservist is killed or severely injured.

While the reservist is gone one can expect personal legal matters that one would expect in day-to-day life: child support issues; current and maybe new indebtedness; landlord-tenant issues; any lawsuits that may have been pending at the time of mobilization. Special issues arise for sole proprietors and small business operators.

When the reservist returns: employment law issues (see the USERRA and ESGR sections elsewhere); and possible family law issues due to the extended absence.

Casualty assistance concerns have traditionally been handled by appointing a special military person, who has been trained to assist the family, to handle all of the issues associated with the death of the military member. The most likely involvement of the civilian bar in this instance is in the area of estate and probate related matters.

What military provisions relate to different areas of law?

It is important that the attorneys who are assisting in these efforts familiarize themselves with some of the intricacies that are involved in assisting military personnel. A quick Q & A and Teaching Guides for SSCRA, USERAA, and SGLI are elsewhere on this site.

The SSCRA has a number of protective provisions in the area of real property including provisions relating to termination of leases, and mortgage foreclosures. Additionally there are relief provisions relating to installment sales, interest rates and life insurance policies.

USERRA provides protection for the reservist returning to their civilian employment situation. It is critical that those providing any type of employment assistance be familiar with the protections afforded to the military member through this Act.

SGLI (Servicemen's Group Life Insurance) qualifies military members for $250,000 in life insurance which becomes a large factor in estate planning. Additionally, life insurance is available for the military member's family.

Additionally, there are issues impacted by: military members with foreign-born spouses; veterans' benefits that are payable through the VA for service members killed on active duty; and the VA education program which entitles the spouse and children of the service member to benefits.

How do I get in touch with my local reservist unit to let them know that we can help them?

The chiefs of military legal assistance for the respective branches have asked that you please register your bar association's ability to provide pro bono legal assistance at this site. Please do not contact your local military branches. This Internet site will serve as a central registry of services that the military can then access from across the country to get help to the military and their families needing assistance. This is essentially a standard part of a military operation, get your volunteers organized and trained, be prepared, stand ready. While we understand that it is a very difficult process to keep volunteers prepared, by standing by to be of assistance we provide the potential for additional support and depth of expertise that the military is asking for in this instance. Your bar's participation is greatly appreciated.

I want to understand more about what the military does in this mobilization process? Can you direct me to some pre-mobilization and mobilization information?

Go to http://www.defenselink.mil/ra/family/toolkit/ for the "Guard and Reserve Family Readiness Programs Toolkit." It's an excellent guide to the resources for and process of mobilization.

Also, see http://www.jagcnet.army.mil/legal Then click on Legal Readiness - Deployment & Mobilization. Provides an excellent walkthrough of the process and includes some of the materials above.