Reserve Support UnitDeployment Processing Command

 

Reserve Support UnitDeployment Processing Command

Camp Pendleton

Camp Pendleton, CA
Legal Information

Upon activation of the Deployment Processing Command, the DPC Legal Section provides mobilization related legal assistance to mobilized Marines (IRR/IMA) and Sailors for whom Camp Pendleton is the initial location.

Legal assistance is provided in the areas of wills, powers of attorney, the Servicemembers’ Civil Relief Act (SCRA), and the Uniformed Services Employment and Reemployment Rights Act (USERRA). For mobilization-related legal matters you may contact the Legal Officer at 760-725-7098.

Mobilized Marines with legal assistance matters which are not mobilization-related or which will require ongoing representation beyond the period of check-in processing will be referred to Marine Corps Base Camp Pendleton Joint Legal Assistance Office (Phone: 760-725-6558 or 760-725-5134).

If the DPC Legal Section has not been activated, all legal assistance, including the areas of wills, powers of attorney, SCRA and USERRA matters will be handled by the Marine Corps Base Camp Pendleton Joint Legal Assistance Office (Phone: 760-725-6558 or 760-725-5134)

Marines and Sailors Who are Being Mobilized Should
  1. Notify employer. Provide the earliest possible notice to employers that you are being mobilized and when you are leaving. Notice may be oral or written. However, to provide verifiable, proper notice, it is best to give written notice and obtain acknowledgment from the employer that they received it. You may do this by either getting the employer to sign a copy of the written notice showing that they received it or by mailing it to the employer by certified mail, return receipt requested, and saving the return receipt when it comes back. It is recommended that you provide a copy of your orders to your employer with the notice, or as soon as possible thereafter. Proper notice to your employer will help to protect your rights to reemployment under USERRA. Failure to provide notice to your employer could result in denial of your reemployment rights. Also, if you ask, your employer must continue your family on its health plan for up to 30 days of service at normal cost to you under USERRA (Tricare does not cover family members for tours of 30 days or less).
  2. Organize financial and legal records. Organize your financial and legal records for those family members or others who will manage your affairs while you are mobilized. Prepare a list of important documents showing their location and provide access to those persons who may need them. Such documents may include children’s birth certificates, adoption papers, wills, powers of attorney, family medical, dental and prescription records, banking and investment records, marriage certificates, passports, stocks and bonds, retirement plans, deeds and leases, mortgage papers, vehicle titles, life insurance policies, loan documents, credit card information, service plans, warranties for items such as computers, tax returns, civilian employment records, etc. Provide the persons who will be managing your affairs or property with this information.
  3. Notify landlord. Provide as much notice as possible to your landlord (if you desire to get out of your lease). You may terminate leases of a residence occupied by you or your dependents by giving your landlord written notice of the termination with a copy of your orders. If you deliver the notice by hand, try to obtain the signature of the landlord on a copy of the notice showing that they received it. Or, send the notice to the landlord by certified mail, return receipt requested. Such notice will help to limit the amount you may have to pay to get out of a lease of a house or apartment under the SCRA. Termination of the lease will be effective thirty days after the next rent payment is due, even if your lease was originally for a longer period.
  4. Get information together for powers of attorney. If you anticipate that there may be transactions that family members or someone else may have to perform for you while you are mobilized such as selling a house, car or real estate, filing a tax return, cashing checks, providing for a child’s medical and other needs, or anything else, then you will need a power of attorney to be prepared when you arrive at the MSB. Be sure to discuss your plans with the person or persons to whom you want to give a power of attorney to act on your behalf. Obtain their complete name, address and telephone number and bring these with you.
  5. Collect information for a will. A will is especially important if you are married, have minor children or a large amount of property. It would be of benefit to you to do some homework prior to reporting if you anticipate getting a will or changing/replacing an old will. If you presently have a will, you may need a new one if your marital status has changed, you have had additional children born or adopted since the will was made, or you want to change the beneficiaries (the people who inherit property under the will), the way property is distributed, or anything else. You also should review your will if your financial situation has changed significantly. When making a will, you will need to decide who you want to inherit your property and also decide who you want to be:
    1. the executor (the person who carries out the directions in the will)
    2. the guardian(s) of your children (if there was no other parent available at the time of your death)
    3. the trustee(s) if you desire a trust to be set up for property passing to children
    You can provide for alternate executors, guardians and trustees in a will. Check with the persons who you have in mind to serve in these positions to make sure they are willing to serve. Obtain their complete names and addresses and bring these with you when you report. Also bring a copy of your old will (if you have one).

     

  6. Also collect loan and credit card account information. Obtain the names and addresses of all your creditors and credit card companies. The Sevicemembers’ Civil Relief Act sets a six percent annual maximum on interest charges during a servicemember’s military service for loans obtained before going on active duty when the active duty creates a decrease in income materially affecting the ability to pay. If this applies to you, you will have to notify your creditors upon mobilization. Creditors will be required to forgive all interest over the 6% cap and they must reduce required monthly payments by the amount of the reduction in the interest rate.
After Demobilization - Getting Your Job Back – USERRA Protections:

Generally if you gave proper notice to your employer before you left for active duty, upon discharge from active duty with an honorable or general discharge, you are entitled to return to work without undue delay. However, you must not be gone for a total of over 5 years. Absences which resulted from involuntary activations pursuant to 10 U.S.C. §12302 (partial mobilization) or from being ordered to, or retained on, active duty (other than for training) because of war or national emergency are not counted towards this 5-year period. Most periodic and reserve training does not count towards the five year total.

You must return to work or request your job back within the following time limits:

  1. If the period of service is less than 31 days, you are required to report for work “not later than the beginning of the first regularly scheduled work period on the first full calendar day following the completion of the period of service and the expiration of eight hours after a period allowing for the safe transportation of the person from the place of that service to the person’s residence.” 38 U.S.C. 4312(e)(1)(A)(i). If reporting at that time is impossible or unreasonable through no fault of yours (e.g., automobile accident on return trip), you are required to report for work as soon as possible thereafter. 38 U.S.C. 4312(e)(1)(A)(ii).
  2. If the period of service was 31-180 days, you are required to submit an application for reemployment within 14 days after the end of the period of service. 38 U.S.C. 4312(e)(1)(C).
  3. the period of service was 181 days or more, you must submit the application for reemployment within 90 days. 38 U.S.C. 4312(e)(1)(D). These deadlines can be extended by up to two years if you are hospitalized for or convalescing from a service-connected injury or illness. 38 U.S.C. 4312(e)(2)(A).
  4. ESGR FAQ

USERRA further provides for prompt reinstatement to your job, for maintenance of status, seniority and most pension rights (you should be treated as if you had never left your job), refresher training and accommodations of service-connected disabilities, a period of protection from being fired (other than for cause), immediate reinstatement of health benefits, and other rights, including the right to sue the employer if your rights are violated.

If you have problem with your employer, before pursuing legal action, which can be costly and time consuming, you should seek help from one of the following organizations:

  • The National Committee for Employer Support of the Guard and Reserve (ESGR), (800) 336-4590 or (703) 696-1400. ESGR provides ombudsmen who mediate reemployment issues between military members and their civilian employers. http://www.esgr.org
  • The U.S. Department of Labor Veterans Employment and Training Service (VETS), (202) 219-9110. The Department of Labor is responsible for resolving and investigating reemployment issues. http://www.dol.gov/vets/welcome.html