WASHINGTON, D.C. 20330-1000

1 DEPARTMENT OF THE AIR FORCE WASHINGTON, 20330-1000 AFI51-504_AFGM2017-01 20 December 2017 MEMORANDUM FOR DISTRIBUTION C MAJCOMs/FOAs/DRUs FROM: HQ USAF/JA 1420 Air Force Pentagon Washington, DC 20330-1420 SUBJECT: Air Force Guidance Memorandum 2017-01 to AFI 51-504, Legal Assistance, Notary, and Preventive Law Programs By Order of the Secretary of the Air Force, this Guidance Memorandum immediately implements changes to Air Force Instruction 51-504, Legal Assistance, Notary, and Preventive Law Programs, dated 27 October 2003, to provide guidance on the Special Victims Counsel Program, Disability Counsel, and installation Tax Assistance Programs.

2 Compliance with this memorandum is mandatory. To the extent its directions are inconsistent with other Air Force publications, the information herein prevails IAW AFI 33-360, Publications and Forms Management. Current guidance in AFI 51-504 remains in effect with the following changes. Guidance provided in expired AFI 51-504_AFGM2016-01, 15 Dec 16, as to Chapter 4 (Air Force Tax Assistance Program) and Chapter 5 (Special Victims Counsel (SVC) Program) is incorporated herein with minor administrative changes. Delete para , , and (ADD NEW) Scope. Legal assistance establishes an attorney-client relationship and consists of Air Force attorneys providing advice on personal, civil legal affairs to eligible beneficiaries.

3 This advice also includes topics specific to eligible beneficiaries who are victims of crime. Air Force attorneys do not enter into attorney-client relationships for other legal affairs, the Air Force remains the client. Air Force attorneys, acting in an official capacity, shall not enter into an attorney-client relationship in the following areas: Official matters in which the United States Government has an interest, or is involved in the final resolution, unless acting as a Military Defense Counsel, Special Victims Counsel (SVC), or a Disability Counsel with the Office of Airmen s Counsel (OAC).

4 (T-0). Criminal issues under the Uniform Code of Military Justice (UCMJ), or any local or state criminal or quasi-criminal law (as identified by state law) or federal criminal law, unless advising a victim as authorized under paragraph of this instruction or acting as an SVC as authorized under Chapter 3 of this instruction, or as a Military Defense Counsel. (T-0). Delete (ADD NEW) Representation of the client in a court or administrative proceeding, unless acting as an SVC as outlined in Chapter 3, acting as a Military Defense Counsel or Disability Counsel, or having received prior authorization.

5 Representation of clients in court or expanded legal assistance programs, which are coordinated through the functional chain of command with the major command (MAJCOM) SJA and approved by the Community Legal Issues Division (AFLOA/CLSL), is permissible. Direct Reporting Unit (DRU) SJAs may make a request directly to AFLOA/CLSL (T-1). At a minimum, expanded legal assistance program requests must provide the following information for review: How participating attorneys will be qualified through applicable bar membership or other appropriate authorization from the applicable jurisdiction to represent clients in the particular Federal, State, or foreign jurisdiction.

6 How participating attorneys will be authorized to represent clients pursuant to a written agreement with the State bar or pursuant to a motion granted by the appropriate court of the jurisdiction concerned. Training requirements for participating attorneys and paralegals. Scope of representation and legal practice areas. Client intake procedures and screening procedures to prevent conflicts of interest. Impact on legal office and Air Force mission ( , estimated number of hours committed by each participant involved with the proposed program). Proposed program start date and duration.

7 If the requested expanded legal assistance program is approved, the legal office shall provide an after action report to the MAJCOM/SJA and AFLOA/CLSL, following a designated trial period. The report should detail the legal office s experience with the program and provide a recommendation of whether expanded legal assistance should be continued. The report should include details regarding the number of personnel involved and their training (including attorney-paralegal teaming aspects), lessons learned, client feedback, impact on the office and local community, and a brief analysis of the probability that a similar expanded program would be successful across the MAJCOM and the JAG Corps.

8 Delete (ADD NEW) Eligibility for Legal Assistance. Subject to the availability of legal staff, resources and expertise, the categories of personnel listed below are eligible for legal assistance. Except as outlined in paragraph , SJAs shall not expand the scope of eligible beneficiaries beyond those listed in to (T-0). Of those eligible beneficiaries listed below, SJAs will give the highest priority to Air Force personnel needing mobilization- or deployment-related legal assistance in support of command readiness. (T-3). When the Air Force is the supporting component at joint installations, SJAs shall follow their installation s DoD joint basing agreements and should exercise discretion regarding prioritizing mobilization- or deployment-related legal assistance among Air Force and sister service components.

9 (T-3). SVC Program eligibility is discussed in Chapter 3. Eligibility for disability counsel from the OAC is discussed in Chapter 8. Delete (ADD NEW) Members entitled to retired or retainer pay or equivalent pay and former members of reserve components entitled to retired pay under 10 12731 (formerly 10 1331). Persons eligible under this provision include members and former members receiving retired pay as a result of retirement due to permanent disability or placement on the temporary disability retired list. Note: Gray Area reservists those who have retired, but are not yet entitled to retired pay under 10 12731 are not authorized legal assistance under these statutory provisions.

10 Delete (ADD NEW) Unique Situations. When beneficial to the military Services, SJAs may authorize legal assistance to persons not specifically identified above as an eligible beneficiary. These situations must involve people who have a future, present, or past military obligation relevant to the legal problem. Examples are: reservists or National Guard members who have demobilized but do not strictly meet the time requirements of paragraph ; ROTC Cadets who must meet dependent care responsibilities; or Delayed Entry Program enlistees with landlord-tenant issues related to their entry onto active duty.