What do you need to know about military law? There are several fascinating aspects to this issue, but the most important thing a service member, dependent, military spouse, or retirees need to know about military law? Don’t attempt to navigate it on your own as your own legal counsel.

There are many reasons for this, but the old saying (from as far back as 1862) about the person representing themselves having a fool for a client is more relevant than ever.

There are too many reasons for this to list, but one of the most important is that when navigating military laws, you need to know both the past precedents for current law AND how many cases have been successful or have failed where that specific point of law is concerned.

Those with no legal experience, or with no legal experience with military law will be at an extreme disadvantage.

Military Law Versus Federal Laws Designed To Protect Military Members

There are federal laws on the books that specifically address military members. The Servicemembers Civil Relief Act (SCRA) is one such federal law. SCRA protects military members and helps “to ease financial burdens on servicemembers during periods of military service.”

SCRA guidelines affect how troops can deal with rental agreements, security deposits, prepaid rent, evictions, installment contracts, and credit card interest rates, among many other areas.

It has been revised and updated several times over the years and generally provides legal relief for troops who may face financial hardships or complications due to military service.

But laws like the SCRA are NOT considered “military law” for our purposes here. Military laws are those written specifically for the military services to organize and provide guidance for military operations, missions, troops, events, land, etc. The SCRA addresses consumer laws that just so happen to affect military members.

The Uniform Code of Military Justice and other associated law books (see below) contain military laws that affect all U.S. military operations around the globe.

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The Core Of U.S. Military Law

The basic central structure of military law is known as the Uniform Code Of Military Justice, or UCMJ for short. This code, established in the 1950s, applies to all members of all branches of military service, hence the word “uniform” in the title–the laws are applied uniformly no matter which branch of service you’re in.

The UCMJ does not stand alone, however. There is also a set of guidelines called Military Rules of Evidence, and the Rules For Courts-Martial. These three documents establish a start-to-finish set of rules and requirements that must be followed to pursue judicial punishment under the Uniform Code of Military Justice.

UCMJ rules do not automatically refer all military legal cases to a court martial. In some cases, there may be no court activity whatsoever if infractions or offenses listed in the UCMJ come with the option for non-judicial punishment.

On Non-Judicial Punishment

There is a classic management trope that holds it’s crucial to resolve conflicts at the lowest possible level. This notion is reflected in the UCMJ, which allows non-judicial punishment of many violations. This allows commanders to use discretion in dealing with legal issues that arise out of misconduct, disobedience, insubordination, or other problems.

The UCMJ does not assign a one-size-fits-all approach to punishment, conflict resolution, etc.

A Brief History Of U.S. Military Law

Military law in American history can be traced back to 1775 and the Second Continental Congress, which established the Articles of War (69 in all) and officially regulated the Continental Army.

Fast-forward to 1788 and the ratification of Article One, Section 8 of the U.S. Constitution, which authorizes Congress to regulate military forces. Another milestone was reached in 1806, with 101 new Articles of War which would be revised in 1916, and again in 1920 before reaching some major changes after World War Two thanks to the 1948 Selective Service Act.

The Articles of War, plus an additional set of guidelines known as Articles for the Government of the Navy, would serve as the official guidance of U.S. military legal issues until the ratification of the Uniform Code of Military Justice on May 31, 1951.

The present-day UCMJ is, at the time of this writing, contained in the 2019 edition of the Manual for Courts-Martial. Changes to the UCMJ may come from the President via an executive orders, but also through other channels including the National Defense Authorization Acts passed in any given year.

What Military Law Does

Military law is as complex as any other aspect of a legal practice. Military law lists all the offenses for which you can be punished under the UCMJ, the options and recourse commanders and soldiers, sailors, Airmen, Marines, and Coast Guard members have under the law, etc.

But military law isn’t just about maintaining good order and discipline; there are military laws negotiated with host nations, for example, that determine who gets prosecutorial authority over a military member, dependent, or spouse.

Legal Issues At Overseas Military Assignments

For example, if a military member accidentally hits the vehicle of a “host national” (the UCMJ legalese for a citizen of the country where the military member is stationed overseas), does the military legal system investigate and prosecute where appropriate? Or does the host nation’s legal system deal with the case?

Negotiating such terms is usually associated with the creation of a document called the Status of Forces Agreement. The Defense Department negotiates with the government of the host nation to decide who will take responsibility in such cases. Ideally the U.S. government wants the ability to discipline, arrest, prosecute, punish, or exonerate its own employees.

But in some cases, the host country may insist on taking the lead in investigations, pre-trial restrictions, etc. The U.S. government tends to agree to allow the host nation’s efforts in this area in more extreme cases, but for “typical” situations, the host nation may take a more hands-off approach.

Military Law And Dependent Conduct

There are some aspects of military law that apply directly to the service member, but not to the dependents or spouses of the service member. For example, troops are not allowed to smoke marijuana, even in states where it is legal in one form or another.

Dependents are not subject to the prohibition of legal cannabis in the same way. What happens if a military dependent or spouse uses legal medical cannabis?

The UCMJ cannot prosecute a civilian who does not fall under its jurisdiction. But that does NOT mean there are no consequences. It’s just that some consequences do not involve the need for a judge, a prosecuting attorney, etc.

A military member may be pressured by the chain of command to intervene in situations that skirt military law but do not involve the soldier directly. In some cases, the only recourse the chain of command has is to bar dependents or spouses from the base and refuse them access to services and facilities they would otherwise be entitled to use.

If a military dependent or spouse accompanying the service member overseas violates the law of the host nation, or is involved in an incident that invokes portions of the Status of Forces Agreement to remedy, the dependents or spouse could lose their privileges to remain in the host country with the military member.

None of those types of remedies requires a court-martial, or even a lawyer. But those facing such action should definitely get the assistance of a lawyer with experience specifically in military law.

Knowing how military cases are run is key to a successful defense. A lawyer who knows the law but not the military system is at a serious disadvantage.

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Military Law Resources You Should Know

One of the most important resources any service member, dependent, or military spouse has at their disposal is the nearest base Legal Assistance Office, which may be able to help with resources or advice (but not legal representation) in a variety of areas from more routine needs such as wills, powers of attorney, and notary services to more serious issues like dealing with misdemeanor law violations or traffic tickets.

The range of services available from many such offices may include (but is not limited to):

• Drafting powers of attorney
• Drafting wills
• Estate planning
• Family law (including marriage, divorce, alimony, etc.)
• Contract review
• Lease review
• Notary services
• Consumer advice including help with identity theft
• Tax help
• Immigration and naturalization issues
• Civil lawsuits
• Service member rights and responsibilities
• Misdemeanors

Other resources include the Deptartment of Justice Servicemember’s Rights Center is a Federal Government resource for military members. This resource includes facts about the government resources available to those who need help exercising their legal rights.

The Manual For Courts Martial/Uniform Code of Military Justice are important documents to be familiar with even if you aren’t experiencing a legal need. Military promotion tests often include questions about UCMJ content, military history including how the UCMJ evolved, etc.

Legal Assistance Offices do have limitations on what they can do to help. Those limits include:

• Providing legal advice to third parties
• Giving legal advice to opposing parties on the same issue
• Helping with claims against the government
• Helping in “serious criminal matters”
• Legal matters involving a service member’s privately-owned business
• In-court representation

The legal assistance office nearest you may or may not have additional restrictions, and not all services are available from all offices. Much depends on the size of the base, demand, and other variables.

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Joe Wallace is a 13-year veteran of the United States Air Force and a former reporter for Air Force Television News

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There are many obvious consequences to getting pulled over by the police, being given a sobriety test, failing it, and being charged for Driving Under The Influence (DUI). The civil penalties can range anywhere from fines, tickets, and mandatory counseling to loss of driving privileges, incarceration, restitution, and lawsuits in certain cases.

But those are just the civil penalties. What happens to a military member if she or he is charged with a DUI or a similar offense? The first concern will be the incident itself-was anyone hurt or killed as a result of the DUI?

The next concern will be what to do with the offender, and depending on the severity of the case, that could mean non-judicial punishment under the Uniform Code of Military Justice, or it could mean reductions in rank, pay, and suspended career options. A military member who gets a DUI enters a new world of scrutiny and unwanted involvement by the chain of command.

It also means a potential problem in getting a security clearance granted, renewed, or maintained. Yes, military members are responsible through their conduct for maintaining the eligibility to hold a security clearance. And a DUI can seriously jeopardize that eligibility.

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Getting A DUI As A Military Member

The security clearance issue is a very important one, but it’s not at the top of the list of procedures that must be followed when dealing with alcohol-related incidents. That does NOT mean that the service member’s conduct and decision-making at the earliest levels of the incident do not count. Quite the opposite.

Everyone makes mistakes. Some make a mistake only once, never to repeat it. The military justice system seems to be organized in some cases with this idea in mind. The notion that the United States military shouldn’t be a “one-mistake only” career option where second chances are hard to come by.

But much depends on the nature and severity of the alcohol-related incident that brings a service member under the scrutiny of the chain of command.

Severity Counts

For example, a soldier pulled over for a sobriety check driving alone, and not otherwise in violation of the law may be guilty of a serious mistake (given the military’s zero-tolerance policies for drinking and driving), but the severity of that mistake did not include injuries, accidents, or property damage.

In such a case, would the soldier be given any form of leniency for being a first offender? Conversely, what is the chain of command to do with someone who has had more than one DUI?

Alcohol-Related Incidents And The Military’s Stance On Them

DUI incidents range in severity and so does the military’s response to them. An incident in Northern Japan in the mid-1990s saw an American service member get into a car crash with at least one fatality (not the driver).

The results of that single incident resulted in curfews, mandatory sobriety checks at the front gate, and more. The drunk driver was punished, and so were his fellow service members.

A different incident in the same area in 2012 resulted in a complete lockdown of at least one squadron. All who served in that organization were restricted to the base following an incident where an American service member accidentally damaged a private Japanese home while driving.

Early reports of this incident were unclear about the involvement of alcohol, but the measures taken by the military regarding these overseas incidents is a clear indication of how seriously it can take the problem.

DUI Charges

As mentioned above, your conduct as an Airman, Soldier, Sailor, Marine, or Coast Guard member following a DUI is an important factor in how the incident affects your future.

How and where you are charged with a DUI will affect what kinds of legal consequences await not counting what the incident might do to your security clearance. Believe it or not, all the preliminaries we’ve been discussing up to this point do lead to the issue of what happens to your security clearance if you get a DUI.

The first thing anyone charged with a DUI should do is to hire a lawyer. Even if you plan to plead guilty, admit you broke the law, and make yourself willing to make any reparations required, you need legal counsel with experience in both military law and DUI law to get you the best possible legal representation.

Don’t make the mistake of thinking that a lawyer is only good if you want to contest the DUI. A lawyer can help a judge and/or jury decide if the facts in the case indicate a one-time only problem OR a recurring problem that could be addressed with the right combination of rehab, counseling, public service, and self improvement.

A person who pleads guilty to a DUI, DWI, or any other legal term used to describe what happens when you drive under the influence of alcohol or drugs, but does not have a lawyer to offer a comprehensive plan to rehabilitate the offender potentially faces stiffer penalties, fines, and other consequences. Why?

It’s not that the lack of a lawyer damns the defendant. It’s more closely associated with the ability to convince the judge/jury that the guilty party is interested in reforming, getting better, and making amends.

The indication of this willingness may come through a commitment to a rehab program or similar treatment, the previously mentioned counseling, etc.

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What Happens To Your Security Clearance If You Get A DUI?

Your security clearance is granted based on the issuing agency’s confidence in you as a trustworthy person able to maintain the good military order and discipline to meet the requirements of the clearance level granted. For civilians, similar standards apply.

And just as the details of a DUI conviction are important in determining the level of punishment required, your security clearance review must include the details so the examiners can make a similar determination. What does that mean?

Basically that if it can be demonstrated that the DUI was a one-time incident, or the result of an ongoing problem with underlying issues that have been addressed. The DUI must be deemed an incident unlikely to be repeated. Furthermore, for clearance purposes, the alcohol or substance use must not be an ongoing problem.

The clearance review essentially depends on whether the facts establish that the person who got the DUI has since addressed their issues, are not having substance problems, and that the DUI and its underlying causes have been dealt with in the proper manner.

Patterns Count

Those who have multiple DUIs, alcohol-related incidents, or similar issues already will have a much harder time convincing those conducting your security clearance screening that the latest DUI or similar incident can be forgiven in the interest of approving a Confidential, Secret, or Top Secret clearance. If there are patterns of continued problems with substances, and/or repeated involvement of law enforcement, getting a clearance may not be possible.

Status Counts

The dangers of getting a DUI when trying to obtain or maintain a clearance are many, but one complicating factor is the nature of the person’s clearance who may be guilty of a DUI.

Was the clearance only an interim security clearance good only until the results of an ongoing background check were reviewed and approved? It may be far easier to lose an interim clearance, depending on circumstances.

On the other hand, it is never good to assume that a single incident is the end of your security clearance, since the review process is invested in the “whole person concept.”

Even if you spent the night in jail as a result of a DUI incident, until the entire process has been played out and your actions after the fact can be reviewed, it’s simply not possible to know if you have lost an opportunity to keep or obtain a clearance.

There Is No Single Answer

As you can tell from the above, there are too many variables that can affect a DUI situation to say whether or not that incident is enough to ruin your chances at a security clearance or an upgraded clearance.

Your conduct and attitude toward the incident is only part of the picture. If you can establish that you are indeed a good risk for a clearance in the wake of a negative event like a DUI, your chances improve greatly.

Those who ignore the advice of their lawyers, refuse to hire a lawyer, or who are less than forthcoming about the facts in the case against them will find it much harder to get a second chance or even a fair hearing depending on circumstances.

Unfortunately, getting a fair day in court or the clearance review process requires thinking holistically about your situation. It’s crucial to plan your response to a DUI charge with your security clearance needs in mind.

That may mean volunteering to do rehab, community service, or other activities that show judges and background investigators alike that you are serious about moving on after an alcohol-related traffic stop or charge.

Security Clearances: Subject To Review

Just because a service member or civilian employee passes a security check the first time does not guarantee that level of clearance is awarded indefinitely. Or that another clearance review won’t happen for at least five years. The truth is, your clearance is always subject to being revoked, downgraded, or upgraded.

Some security clearance investigations or reviews happen on a scheduled basis, but others may happen randomly, or if an incident forces the chain of command to review someone’s access.

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Joe Wallace is a 13-year veteran of the United States Air Force and a former reporter for Air Force Television News

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Do you know how Veteran Service Organizations (VSO) work and how they can help you as a veteran? There are hundreds of VSOs ready to help veterans in a variety of circumstances. These organizations have very familiar names, but the services offered by each VSO may vary depending on the focus of the organization and other factors.

Famous VSOs include the VFW, AMVets, DAV, Vietnam Veterans of America, American Legion, and the American Red Cross. There are many hundreds more.

But if you don’t know what these agencies have to offer, it’s easy to miss out on important assistance with veteran benefits, making claims with the VA, following up on a VA decision appeal, and much more.

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Types Of VSOs

• Congressionally chartered Veterans Service Organizations recognized by the Department of Veterans Affairs “for the purpose of preparation, presentation, and prosecution of claims under laws administered by the Department of Veterans Affairs.”
• Congressionally chartered Veterans Service Organizations not formally recognized by the Department of Veterans Affairs for the purpose of preparation, presentation and prosecution of “Veteran’s claims only.”
• VSOs that are not congressionally chartered BUT that are “officially recognized by the Department of Veterans Affairs” for preparation, presentation and prosecution of Veteran’s claims only.
• Veteran organizations that are neither congressionally chartered nor officially recognized by the Department of Veterans Affairs for the purpose of preparation, presentation and prosecution of Veteran’s claims only.
• National Association of State Directors of Veterans Affairs, National Association of County Veteran Services Officers, and State Veterans Affairs agencies/officers recognized by the Secretary “for the purpose of preparation, presentation, and prosecution of claims under laws administered by the Department of Veterans Affairs.”

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What Veteran Service Organizations Say About Themselves

There are so many VSOs that it’s impossible to fit them all into a single category or assume they are useful to all veterans. That is one reason why VSOs often focus on a specific segment of the veteran population, such as Veterans Of Foreign Wars, the DAV, and foundations dedicated to raising awareness of POW/MIAs.

One of the best-known VSOs, the American Legion, describes the work of a Veteran Service Organization in the role of an ally for the veteran. The American Legion official site states, “A veterans service officer is an individual who advocates for veterans benefits. They should never take an action which they believe to have a negative impact on the veteran or family of the veteran.”

This portion of the official site adds a standard for itself which includes having a knowledgeable, trained staff; “The VSO is also responsible for being proficient in the areas of customer service, technical knowledge of regulation and law as it pertains to VA matters.”

AMVETS is another well-established Veteran Service Organization offering help to vets and their families with an emphasis on the agency’s expertise in VA claims. “One of the greatest benefit of our AMVETS NSO to veterans and their families is their extensive knowledge and experience of the process and administrative procedures” for VA benefits.

Another VSO, known today by its acronym DAV (standing for Disabled American Veterans,) strives to be an advocate in many ways including transportation support for veterans with medical appointments, hosting job fairs, and helping vets to find new careers or file benefit claims.

“With nearly 1,300 chapters and more than 1 million members across the country, DAV empowers our nation’s heroes and their families by helping to provide the resources they need.”

The commitment of these organizations cannot be denied. Sometimes the biggest challenge in selecting a VSO to help you is finding one that is in the local area or available via telecommuting, and finding one that specializes in the type of services needed by the veteran.

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Services Offered By VSOs

Not all VSOs offer identical services, and some VSOs have specific areas of expertise that may be useful for some veterans and military family members but not for others.

Remember that you may have access to local veteran resources that the local chapter of your chosen VSO can help you learn more about, and you should definitely ask about both national-level and local-level programs for vets and family members that may be able to help.

In general, you may find that most VSOs offer some or more of the following:

• Applying for VA Health Care Benefits
• Federal, state, and local education benefits for qualifying veterans
• Information and assistance for Veterans with Service-Connected Disabilities
• Vocational Rehabilitation and Employment
• Help with certain local licensing and/or veteran-owned business issues
• Help applying for or continuing VA pension Benefits
• Assist with VA Educational and Training Benefits
• Explaining the VA Home Loan benefit
• Help with applications for the VA Life Insurance Program
• Assistance applying for or understanding VA Burial and Memorial benefits
• Transition Assistance
• Emergency assistance and/or help for potentially homeless vets
• Assistance with benefits related to Dependents and Survivors Health Care
• Information and assistance for Dependents and Survivors Benefits
• Acting on behalf of the veteran in appeals of VA claims decisions
• Suicide Prevention
• Assistance with VA Specially Adapted Housing benefits
• Assistance with applying for Dependency and Indemnity Compensation

VSO Services At VA Regional Offices

The Department of Veterans Affairs has a list of VA Regional Offices across the United States; did you know that certain VSOs have representatives working at these offices who can help you? The VA official site includes a list of regional offices with VSOs assigned to them; these are “accredited representatives” who have been trained by the VA.

What makes a VSO representative “accredited” to work in these VA offices? According to the VA itself, “An accredited representative is an individual who has undergone a formal application and training process and is recognized by VA as being capable” of providing help for veterans with VA benefits and services.

It isn’t easy to get accredited. The process involves an exam, a background check, continuing education, etc.

The basic difference between an accredited VSO and a non-accredited one? The VA says those recognized by the VA may “legally represent” a veteran or family members in VA matters. A non-accredited VSO workers “can provide information, but cannot be a representative” in a legal sense before the VA.

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What It Means To Be A Federally Chartered VSO

The Department of Veterans Affairs has published a list of federally chartered VSOs, but also has lists of agencies that (see above) are not federally chartered. What does it mean to have a federal charter?

A VSO is not created by the federal government, but such agencies (assuming they meet federal standards) may be approved by VA leadership, “…for purposes of preparation, presentation, and prosecution of claims under laws administered by the Department of Veterans Affairs.”

The VA official site takes the stance that a federal charter should not be considered a VA endorsement or a guarantee of services available from a VSO. The language on the VA official site also address the inclusion of non-chartered organizations.

VA policy is to include such groups but such inclusion, “does not constitute or reflect VA recognition of said organization and its representatives for purposes of representation of VA claimants.”

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Joe Wallace is a 13-year veteran of the United States Air Force and a former reporter for Air Force Television News

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There are many different types of military service, and the nature of that service plays a very important role in determining eligibility for certain benefits for veterans, those currently serving, and their family members.

The different types of military service will vary based on the type of commitment, (active duty, Guard, or Reserve), the era of service when the military member began duty, the nature of the military discharge where applicable, and other variables.

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Types Of Military Service: Beyond The Branch

For the purposes of this article, “types of military service” doesn’t refer to the BRANCH of service such as the Army, Air Force, Coast Guard, Navy, or Marine Corps.

Types of service here involves full or part-time service, serving as a member of the National Guard versus the Reserve, the difference between a military veteran and a veteran who is also a military retiree, etc.

Defining Military Service

The definition of the word “veteran” can include the “legal” definition as described in the Code of Federal Regulations, but it also has a specific interpretation when it’s time to claim VA benefits that may or may not require further clarification.

What does this mean? For example, the VA official site states that a veteran is “legally” defined as anyone “who served in the active military, naval, or air service and who was discharged or released under conditions other than dishonorable.”

The VA official site holds that the definition above “explains that any individual that completed a service for any branch of armed forces classifies as a veteran” is applicable without the dishonorable discharge BUT that other considerations may apply depending on the benefit, the veteran’s service record, current federal law, and other factors.

Those who have successfully completed basic training, any advanced training after boot camp, and who have been on duty for a minimum required time period (which is subject to change via legislation, federal policy changes, etc.) are considered to be veterans once they leave military service.

“Veteran” status is not offered those who washed out of basic training, were administratively separated before completing initial training, were medically separated before finishing basic training or complete in advanced training after basic, etc.

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Different Types Of Military Service

Full-Time Active Duty

When you sign up for active duty military service, you are committing to the “regular” Army, Air Force, Marine Corps, Navy, or Coast Guard. Active duty military service means you have signed up for availability 24 hours per day, 7 days a week, may be deployed or reassigned to an overseas location, etc.

When we talk “active duty” here, we are discussing those who signed up for regular military service and who did not intend to join the National Guard or the Reserve.

Guard and Reserve members may be called into active duty status and may be eligible for certain DoD and/or VA benefits as a result depending on the duration, location, and nature of the service once activated. Those who are activated strictly for training purposes may not get the same consideration as those who are called to active service due to a real-world mission requirement.

National Guard

There are important differences between the National Guard and the Reserves; one such difference involves who is authorized to call up the National Guard and put members into active service, and whether that service is federal or not.

National Guard service is considered part-time unless a Guardsman is called into active duty service. But not all active service counts toward VA benefits such as education or medical benefits.

Unlike the Reserve, the National Guard falls under the jurisdiction of the individual state a particular Guard unit falls under. That means the Guard can be called into service by the Governor or under the auspices of the federal government.

Sadly, National Guard troops activated and serving on active duty under the Governor’s orders (known as Title 38 call-ups) may find that active service does NOT count toward certain VA benefits; only federal call-ups (known as Title 10 activations or Title 10 call-ups) may be applied toward eligibility for certain VA benefits.

There are two National Guard options to choose from when enlisting; one is the Army National Guard, the other is the Air National Guard. Joining the Guard means committing to one weekend per month for training and roughly 15 days of active duty training which is not considered time applicable for VA benefits.

The Reserves

The Guard and Reserve are similar in that troops serving as Guard or Reserve members are considered part-time service members who can be called up to active duty service by the federal government in a Title 10 call-up. Title 10 activation for Reservists will count toward VA benefits depending on the duration of the active service, current legislation, DoD policy, etc.

Serving in a Reserve capacity means being a ‘part-time’ soldier, Coast Guardsman, sailor, airman, or Marine subject to minimum training requirements, including being called to active duty for training. Active duty training time does not count toward benefits.

Like the Guard, the president and secretary of defense can call upon the Reserves to provide support for military contingency operations, known as “Title 10 Call-ups” or federal duty.

But unlike the National Guard, the troops who serve as Reservists fall under federal jurisdiction-the Governor of your state cannot order Reserve troops to active duty to support in-state disaster relief operations, for example, or any other type of state-level emergency.

However, a state governor is permitted to request the assistance of Reserve forces; the Secretary of Defense can order Reserve troops to active duty for up to 120 days in times of a natural disaster or emergency.

Active Guard/Reserves (AGR) Program

The Active Guard/Reserves (AGR) program was designed for Reserve and National Guard members who are on full-time active duty.

“To make sure that National Guard and Reserve units are ready to mobilize at all times” the VA official site states, “AGR members provide daily operational support.” AGR duty is considered adjacent to full-time active service for the purposes of calculating or approving VA benefits.

The Individual Ready Reserve

This is a type of military service that is included in a standard military contract; a typical military service commitment lasts eight years total, with a specified amount of that time spent on active duty or as a member of the Guard/Reserves.

The time that is not spent actively serving (as opposed to serving on active duty) is considered “inactive” time during which the military member may technically be a civilian for all intents and purposes, but still remains subject to recall to active service. That inactive time is when the military member is classified as a member of the Individual Ready Reserve or IRR.

The IRR works like this: a military member who chooses to enlist serves for years on active duty (or otherwise serving as a Guard or Reserve member) and then chooses not to re-enlist. The original enlistment was for EIGHT years, but the last four of those are spent on IRR status. IRR members do not train, they do not attend monthly drills or annual meet ups; they also do not draw military pay for IRR status.

Generally, after serving four years, a member is transferred to the IRR for their remaining four years. IRR members don’t take part in weekend drills or annual training, but unfortunately, they don’t get paid either. IRR members can be recalled into active duty when necessary, in order to support military projects.

During IRR status, the time spent inactive doesn’t count toward veteran’s benefits unless the member is recalled into active duty.

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Branches Of Military Service

The branches of the  United States military and their Guard/Reserve components are, at the time of this writing, as follows:

• United States Air Force
• Air Force Reserve
• Air National Guard
• United States Army
• Army Reserve
• Army National Guard
• United States Coast Guard
• Coast Guard Reserve
• United States Marine Corps
• Marine Corps Reserve
• United States Navy
• Navy Reserve

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Joe Wallace is a 13-year veteran of the United States Air Force and a former reporter for Air Force Television News

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Military airport lounges have been a staple of official and leisure travel for servicemembers and their families for a very long time. Anyone who has ever had to make a permanent change of station move from a stateside to an overseas assignment has likely taken advantage of a military airport lounge, and those traveling with families to and from overseas locations find these lounges to be an oasis during the long trip.

Military Airport Lounges: The USO

Since World War Two, some of the most well-known military airport lounges have been operated by the USO. These lounges are open to currently serving military members and their families with unexpired ID cards and feature internet access, sleeping areas, small libraries, mini-theaters, snacks, and other services that vary depending on location. But these lounges aren’t open to all visitors.

The USO official site notes, “Occasionally, veterans or military retirees contact us to tell us they couldn’t get into a USO airport lounge because they didn’t have an active military ID card. As much as we’d like to open our doors to all those who have honorably served, we have limited space and resources.”

At the time of this writing, USO airport lounges are not open to retirees and veterans, preferring to use all available resources for those who are currently serving in uniform and their families.

Find A USO Airport Lounge

USO lounges are normally listed in airport directory maps and official sites. The signage and visibility for these lounges is often minimal so it is always best to ask at an airport information desk if you are not sure if the USO is active at that airport and where the lounge might be. An unexpired military ID is always required for entry into the lounge just like entering a military installation.

You can find a USO lounge by searching the official site: the USO has operations in roughly 200 locations (not all are in airports) so chances are good that you may find USO facilities in an airport you are traveling to or from if you’re traveling to common destinations for official business or leisure trips.

Be Mindful of Peak Travel Times

USO lounges can fill up fast during PCS season, during deployments, and (depending on location) TDYs. For example, if you are traveling from Colorado at the end of the summer just before the start of fall semester classes at the Air Force Academy, the USO lounge at Denver International Airport might be busier than usual. Peak travel times vary depending on location, tourist season, and other factors.

USO Airport Lounges: Not All Destinations Are Equal

Some USO operations are quite small, others, like the one located at St. Louis Lambert International Airport, may have partnerships with major league sports teams; one story that’s made the rounds on certain travel blogs notes the individual who checked into the Lambert Airport USO only to find there were free major league baseball tickets to be had for those arriving in St. Louis.

Some locations may offer free food, coffee, books, and sleep pods, others may also be able to arrange shuttle services from the airport or help travelers find shuttles going their way.

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The USO: Not The Only Lounge In The Airport

The USO operates military-specific lounges in major airports all over the world, but these are not the only airport lounges available, and many are open to military members even if those troops are not members of the clubs themselves.

Many airlines have frequent flyer or VIP clubs with lounge facilities that require membership to get in. These airlines often have policies for admitting non-members who serve in uniform and their families. They include, but are not limited to:

• American Airlines Admirals Club
• Delta Sky Club
• Priority Pass Lounges
• Centurion Lounges

Who Can Use An Airline Club Airport Lounge?

Generally, the airport lounges run by American Airlines, Delta, etc. are members-only spaces and those memberships can cost roughly $500 a year. But the rules for these members-only lounges often include exceptions for military members and sometimes their families, too.

The key to getting access to these lounges is to remember that the staff isn’t used to people coming in without a membership, and even though there are special rules in place for qualifying military travelers, lounge staff isn’t always aware of them and may have to be shown-it’s very good to have a copy of the pertinent rules pulled up on your mobile device to show a staff member in case they are unaware.

It’s also good to do this in a nice and unobtrusive way.

General rules for lounge access where military fliers are concerned will vary depending on the lounge, and rules are always subject to change so it’s best to check with the airline prior to your travel day to make sure you are still entitled to use a members-only airport lounge according to the rules of the program.

Airport Lounges That Have Allowed Military Access Without A Membership

American Airlines operates the Admiral’s Club in select airports around the world, in both domestic and international lounges.

The American Airlines official site says military members and family traveling same-day on United are eligible to use these airport lounges with a boarding pass and a military ID. Military members must be in uniform to travel.

Delta Airlines operates Delta Sky Club lounges and have no specific policy listed on the Sky Club official site for military, but some travel blogs claim Delta may allow those traveling in uniform to and from deployments permission to use the lounge with a copy of orders and military ID.

Delta Sky Club membership options are open to those who apply for credit cards (see below), and military members traveling over the holidays may find Delta operating military lounge type operations during peak holiday travel season as a way of showing support for troops and military families.

United Airlines has had a policy in the past that any active duty military member flying United same day may use United Clubs as long as you’re flying on orders AND are traveling in uniform. Some travel blogs report United Clubs staff being uninformed about this feature, needing to be shown the rules pertaining to military access as detailed on United.com.

But has this policy changed in recent days? Likely not, but it’s always better to check.

Some Airlines Don’t Have A Lounge, But…

You may find certain airlines have partnered with other agencies allowing access to airport lounges as a perk of booking, of being a member of frequent flyer programs, etc. It’s always best to ask at the time you book your air travel about the availability of airport lounge perks and how to get them.

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Getting Airport Lounge Access With A Credit Card

There are plenty of airport lounges that are members-only and do not necessarily have “open to military” policies. So, what’s the next best option for TDY travel, taking a family vacation to or from an overseas location, or for a permanent change of station move?

Military members enjoy the benefit of having a government travel charge card, but this card is only to be used for official business and mission-related travel expenses.

With that in mind, having that card may not be a way in to airport lounges, but using the card builds up your credit history and responsible use of credit with a government card may make a service member more attractive to credit card companies that offer high-dollar perks such as membership rewards and access to airport lounges.

Airport Lounges And Credit Card Accounts

The Centurion Lounge is found at major airports worldwide. This lounge is operated not by a specific airline, but rather by American Express and it is open to Amex Platinum Card holders only. This is described as a “day of departure” lounge and is not for those on arriving flights that have just landed. Platinum Club credit card holders are not admitted more than three hours prior to the departure time listed on the traveler’s tickets. Standby passengers are not permitted.

At first glance, this sounds like a no-go for enlisted military members who balk at the Platinum Card requirements. But remember that any military member who responsibly uses their credit may find themselves eligible to apply for an American Express card.

Annual Fee Waivers For Active Duty Military

American Express will waive the $550 annual fee for active duty service members and one of the perks includes access to some airport lounges! In the past, AmEx has been quite generous from all accounts in honoring this no-fee-for-active-duty-military policy, so applying for a Platinum Card in order to claim Centurion Lounge privileges is not as far-fetched as it might sound at first.

Remember that credit cards and their perks change frequently, and it is best to get the most up-to-date offers, terms, and conditions before agreeing to use the card.

Applying for a credit card results in a “hard inquiry” on your credit, so beware of applying (especially for a high-value card) too close to a VA home loan application, or any other major line of credit you might need to apply for in the next 12 months.

Benefits:

• 60,000 point sign-up bonus
• Centurion and Priority Pass lounge access
• $200 credit for Uber rides yearly
• $200 airline fee credit yearly

Skip the Credit Card, Sign Up For A Lounge Access Program

Not interested in applying for a credit card? You might consider applying for a lounge access pass program instead; one such option is available with the Priority Pass program.

Priority Pass is not a credit card; it is a membership allowing access to more than one thousand airport lounges worldwide. This option is good for frequent travelers and especially those who may need to come and go overseas frequently.

A Priority Pass membership offers “stress-free” accommodations at airport lounges across “500 cities in over 140 countries worldwide” according to the official site, but the program also advertises “exclusive” retail, dining, spa and sleeping options offered “in selected airports.”

Unfortunately, at the time of this writing there does not seem to be a policy for military signups related to discounts, reduced fees, etc. But it never hurts to ask for the latest offers, perks, or preference for those in uniform.

One caveat about using Priority Pass; features and options are not standardized at all lounges. You may, depending on the nature and duration of your travel, be subject to restrictions or limitations of services. This is true at all times, but especially during peak capacity hours where alternative accommodations may be offered instead.

At the time of this writing, the Priority Pass program offers a “standard” package for just under $100 for occasional travelers, and as much as $400 or more for the Prestige level frequent traveler package.

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Joe Wallace is a 13-year veteran of the United States Air Force and a former reporter for Air Force Television News

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