Presentation on theme: "Kaiserslautern Legal Services Center"— Presentation transcript:
1Kaiserslautern Legal Services Center In Processing Brief15
2CONTACT INFO Building 3210, Kleber KaserneLegal AssistanceDSN: ; CML:Hours: M-W, F & ThClaimsDSN: /8856; CML: /8856Hours: M-W, F &ThTax CenterDSN: ; CML:Hours: M-F
3Examples of Legal Services Walk-in services: Powers of attorney, certified copies, notarizationSeparation agreements, wills, consumer lawFinancial Liability Investigation (FLIPL) rebuttalsGeneral Officer Reprimand (GOMOR) rebuttalsLandlord/tenant issues, contract issuesTaxesImmigration, dependency determinationsCivilian MisconductJAG cannot help you with suits against the US or with employment issuesLegal Assistance:Do your best to help yourself before coming to LA. Bring all relevant documents with you or you'll be coming back for a follow-up appointment.German attorney on staff can help with landlord-tenant disputes and other German civil/criminal issues.3. Liability insurance for renters is a good idea4. Buying a cara. Guarantees to pass inspection are only enforceable in German civil court.b. Have the owner accompany you to the inspection or offer a down-payment, with the remainder contingent on the vehicle passing inspection.Tax Center – open in Building 3210 from , M-F.
4Preventive LawIf you haven’t established residency in the state, then don’t claim it on your taxes!For example: Alaska, Florida, Nevada, New Hampshire, South Dakota, Tennessee, Texas, Washington, or WyomingDon’t shopliftBring in court documents ASAPDon’t download movies or music unless you purchase them from a legitimate website like iTunes or AmazonIf you have a German cell phone contract, give written termination notice at least 90 days prior to your PCS dateDon’t drink and drive
5Status of Forces Agreement Criminal Jurisdiction The Status of Forces Agreement (SOFA) is an agreement between the U.S. and Germany that dictates which German laws and taxes U.S. Servicemembers and personnel are subject to.Criminal JurisdictionCivil JurisdictionAllows U.S. military courts to prosecute Servicemembers for crimes committed in Germany.HOWEVER: Family members, civilians, and contractors all remain under German criminal jurisdiction!German civil courts retain jurisdiction over Servicemembers, family members, civilians, and contractors.EXAMPLES: Traffic tickets, paternity questions, civil lawsuitsService of process will come through your chain of command or the Legal Liaison's OfficeAn agreement between the U.S. and a host nation concerning the law applicable to U.S. forces and personnel1. SOFA - determines what German laws and taxes U.S. service members and those accompanying the force will be subject to.2. Subject to German civil and criminal jurisdiction. If you conduct a criminal act or get in an accident in Germany, and the act or accident somehow involves German property or people, then unless you are considered to be performing an official duty, you will probably be subject to German laws.3. Service of process comes through us.Generally, the rule of international law is that the HOST country retains exclusive jurisdiction over criminal mattersException = through a SOFA, nations may agree to allow a VISITING country to retain some jurisdiction over its military forces
6Off Base German Legal System DUIs in GermanyIn Germany, a BAC BELOW the U.S. / UCMJ standard will result in administrative fines and may be criminal!German BAC (U.S. Scale)Off Base German Legal System(< 21 yrs or beginner driver)250 Euro Administrative Finewithout accidentAdministrative Offense1st offense = 500 Euro fine + 1 month suspension2nd offense = 1000 Euro fine + 3 month suspension3rd offense = 1500 Euro fine + 3 month suspension> .115 without accidentCriminal OffenseFine + at least 6 month suspension(license revocation possible).032 or > with accident(property damage)(personal injury / death)Jail time + Fine + at least 1 year suspensionCriminal Law:German’s definition of DUI is different from what you are probably used to in the states % BAC is considered DUI.3. Accident --> German DUI = 0.03% BAC + automatic 50% liability.5. Drugs, although legal in some countries, are not legal for you.Updated July 2012
7DUIs & Military Consequences BAC (U.S. Scale)AER 190-1UCMJ(< 21 yrs)Mandatory Suspension1st offense = 30 days2nd offense = 60 days3rd offense = 90 days.032 or > with accidentRevocation likely + GOMOR(reduction in rank, bar to reenlistment,and/or separation possible)Article 15Mandatory 90 day suspensionoff postMandatory revocationon postMandatory revocation + GOMOR0.1 or >Refusing to take or complete a lawfully requested chemical test
8Other Consequences of Alcohol Impaired CONSENT + Lowered JUDGMENT = RAPE or SEXUAL ASSAULT Allegations
9Off-Limits Activities Drugs- NEVER legal for Servicemembers!!- Not even if you are visiting a place, likeAmsterdam, where drugs are legal for civilians- NOT even if you visit an Apothecary that willsell you prescription medications over-the-counterProstitutes- Subject to charges under Article 134 UCMJ
10Off-limits Establishments Published in the AE CircularArya ClubSteinstraße 5667657 KaiserslauternAutohaus MayerKaiserstraße 8766892 Bruchmühlbach-MiesauJames Brown[cleaning business]Obergasse 2067685 KaiserslauternMartin MassaTurnerstraße 7067659 KaiserslauternMarco Banf Transport(MBT and BTM)[moving company]Kirchdell 1667661 KaiserslauternGisela Smith/Herbert Sator[sellers of dogs]Steinwendener Straße 23a66879 KottweilerAxel Burghammer[car sales]Am Bachgraben 1166849 LandstuhlAP Bausysteme GmbH(Angelika Picker)Kaiserstraße 1566955 PirmasensRamona Fröhlich[daycare business]Hebelstraße 1267734 KatzweilerBlack Sounds Club(Tuncay Altay)Raiffeisenstraße 19Brigitte WeinandWeberstraße 2166862 KindsbachUpdated July 2012U.S. Forces personnel, military, civilians, and family members are prohibited from entering areas and establishments or conducting business with firms, individuals, and organizations listed, except as required by official business. U.S. Forces personnel who violate this prohibition are subject to punishment under the UCMJ.
11CLAIMS Household Goods/Hold Baggage Meet with a Claims Examiner ASAP!You must give written notice to the carrier within 75 days of delivery to receive Full Replacement Value for lost or damaged goods.If you miss this deadline, then all you can recover is the depreciated value of your goods only if there is a valid claim against the U.S. government
12CLAIMS Household Goods/Hold Baggage REMEMBER TO:Keep your damaged goods - do NOT throw anything away (even after the carrier’s inspection) until your claim is fully adjudicatedKeep receipts/Proof of OwnershipKeep a detailed inventory of your goods- To include serial numbers, brand names, identifying characteristicsPlug in your electronic equipment upon delivery
13CLAIMS Privately Owned Vehicle Claims Arrive early!Check your vehicle from top to bottom, inside and out, and look for leaking fluids and mildewed floorboards before you drive away!Most claims are handled immediately at the Vehicle Processing Center (VPC)If you accept cash on the spot, you agree your claim is finalIf you cannot resolve the issues with the VPC, visit the claims office ASAP!
14CLAIMS Article 139 of the UCMJ Commanders may direct collection and pay a claim for property that U.S. service member willfully damaged or wrongfully took.Article 139 claims cannot be filed for a personal injury, breach of contract, unpaid bills, or a bad checkExamples:One Soldier uses another Soldier’s calling card or telephone without permission and incurs calling fees. This is a proper Article 139 claim.A Soldier does not pay his bills. This is a NOT proper Article 139 claim.A Soldier is off-duty and intentionally breaks a downtown store front window. This is a proper Article 139 claim.A Soldier is on-duty and accidentally drives a government owned vehicle (GOV) into a downtown store front window. This is a NOT proper Article 139 claim.A Soldier starts into a fight with a civilian and causes the civilian personal injury. This is a NOT proper Article 139 claim.A Soldier starts a fight with a civilian and breaks the civilian’s home furnishings. This is a proper Article 139 claim.A Soldier agreed to buy an item from another person and then defaults on the obligation to pay. This is a NOT proper Article 139 claim.
15CLAIMS Affirmative Claims If the U.S. government provided medical care to you or your dependents or paid to have government property repaired or replaced, let your local military claims office know ASAP!Under federal law, the U.S. can pursue reimbursement actions, in the form of an affirmative claim, against an individual and their insurance company.Under federal law, the U.S. can pursue reimbursement actions, in the form of an affirmative claim, against an individual and their insurance company. This reimbursement includes recovering lost military pay and the reasonable value of medical care provided furnished by Military Treatment Facilities (MTF) or in civilian medical facilities at Government expense. Moreover, the U.S. can recover the reasonable value of damage to and loss or destruction of government property, such as fences, gates, barriers, tactical vehicles, vessels, aircraft, NAFI property and GSA owned property. So instead of just fixing that damaged HMMV bumper or writing off that sore neck, let your nearest claims office know today!
16Kaiserslautern Legal Services Center Questions?15