What Laws Protect Military Members?

Members of the military must obey all of the unique laws and protections that have been designed to address the nature of military service. Understanding “what laws protect military members?” can give service members a better understanding of their rights while serving. Anyone who needs additional legal guidance may want to consider hiring a military legal assistance attorney to ensure no one has taken advantage of their rights.

Some of the most critical laws that protect military members include:

The Uniform Code of Military Justice

The Uniform Code of Military Justice (UCMJ) is often considered the cornerstone of military law. It’s a specific framework that governs how military personnel should conduct themselves during their tenure and includes minor infractions like insubordination to more serious cases of criminal activity like desertion and espionage.

Having this type of legal structure helps maintain order in the military. It also assigns accountability to ensure everyone is held to the same high standards of military conduct.

The UCMJ is also designed to help ensure that military justice is administered in a fair and consistent manner. It provides different provisions for court-martial proceedings, non-judicial punishments, and administrative actions. The concept of court-martials under UCMJ is similar to criminal trials in the civilian world, where military attorneys can represent their clients and present evidence for a judge and jury to consider.

The UCMJ applies to active duty military members, activated National Guard and Reserve members, and civilians who may support the military on bases or other areas under military control.

Servicemembers Civil Relief Act

The Servicemembers Civil Relief Act (SCRA) offers certain protections for military members to help them mitigate any legal or financial burdens they face. The law has primarily been tailored to those who are on active duty, allowing service members to put their full attention toward their military duties without being distracted by the prospect of civil obligations.

For example, under SCRA, a service member could terminate a residential or car lease without facing any penalties if they were deployed and needed to relocate for military service. Another example is capping interest rates on credit cards and loans at 6% to help combat the service member from facing financial strain.

Uniformed Services Employment and Reemployment Rights Act

The Uniformed Services Employment and Reemployment Rights (USERRA) Act was created to protect the civilian employment rights of anyone who, either voluntarily or involuntarily, leaves their job to enter the armed forces. This act also ensures that a service member is able to be employed immediately after their military service is complete. The details of USERRA state that the individual should be able to return to the same position and pay they originally had.

USERRA also has discrimination protections. Sometimes, an individual might be rejected from a job because they also have military obligations. The USERRA helps to ensure these individuals are able to keep their civilian job and fulfill their military responsibilities without fear of discrimination or losing their job. It’s expected that the individual’s employer should train or retrain a returning service member to help update their skills.

Military Whistleblower Protection Act

The Military Whistleblower Protection Act provides protections for any service member who reports their own observations of misconduct or illegal activities in the military. In 1988, Congress wanted to ensure that military personnel could report wrongdoing without fear of retaliation and enacted a policy for whistleblower rights and protection for military personnel in this act (10 U.S.C. 1034).

The Military Whistleblower Protection Act ensures that a service member is safeguarded from any retaliation efforts, which could include an unjust discharge or demotion. Protecting military whistleblowers helps promote a culture of integrity and ethical behavior, ensuring military operations are not compromised and issues can be rectified in a timely manner.

FAQs

Q: How Does the Military Lending Act Protect Service Members?

A: The Military Lending Act (MLA) offers special financial protections for active-duty service members and their families. It achieves this by limiting interest rates on many types of consumer credit to 36%, preventing members from predatory lending practices or being charged penalties for loan prepayments. These protections help ensure military families are not financially exploited should they need extra financial assistance.

Q: What Is the Role of the Department of Defense in Protecting the Legal Rights of Service Members?

A: The Department of Defense (DoD) implements policies and regulations to help protect the rights of service members. For example, the DoD oversees the administration of UCMJ to ensure military justice is fair and consistently applied in legal cases. The DoD also provides different resources, such as legal assistance offices, to help service members access legal advice and representation should they face the prospect of a military law case.

Q: How Do State Laws Complement Federal Protections for Military Personnel?

A: State laws often add extra layers of protection and benefits for those in the military. A common example of this is property tax exemptions for veterans. Other state benefits could include covering the costs of continuing education or protecting their employment in the civilian world while they serve in the military. The combination of state and federal laws can significantly enhance a service member’s quality of life.

Q: How Does “Veteran’s Preference” in Federal Hiring Work?

A: Veteran’s Preference gives those who’ve served in the military a distinct advantage in securing a federal job after service. This program was established to help veterans transition back into civilian employment by providing them with extra assistance in the federal hiring process. To be eligible for this preference, service members need to provide documentation such as a DD-214 to show they have been honorably discharged from the military.

Contact Aaron Meyer Law Today

Navigating the laws that protect military members can be overwhelming. Hiring a military legal assistance attorney, such as Aaron Meyer Law, can help ensure that your rights as a service member are being considered. Contact us today to take the first step toward securing legal help for you or your family. We look forward to meeting you and learning more about your service.