Fort Detrick
Office of the Staff Judge Advocate

521 Fraim Street
Fort Detrick, Maryland 21702
Phone: 301-619-9835
DSN: 343-2065
Mon-Fri: 0730-1630

Administrative Law Mission

Justice Is Blind

The Fort Detrick Office of the Staff Judge Advocate provides legal advice and written opinions to commanders and staff members on a wide variety of issues. This advice involves questions pertaining to the official operation of military organizations on Fort Detrick and under the U.S. Army Medical Research and Materiel Command.

The broad legal categories include environmental law, commercial solicitation, fundraising, interaction with private organizations, imposition of administrative sanctions, and entitlements of access to Army Community Services. These services are available to the Army units under the control of the Commanding General, USAMRMC & Fort Detrick, and other military organizations, if addressed by an interagency support agreement.

Information Papers

Administrative Law Topic/Reference Index [PDF]

Designation of Soldiers as Not Deployable Due to "Legal Processing" (LP) on Monthly Unit Status Reports (USR)

12 August 2003

  1. Purpose. To provide guidance regarding the deployment availability of soldiers pending legal action.
  2. Law. Army Regulation (AR) 220-1 sets forth Army policy regarding a soldier's availability for deployment, as reported on the unit status report (USR). In particular, AR 220-1, table D-1, outlines when a soldier must be carried as unavailable due to legal processing ("LP") and when a soldier may be carried as LP.
  3. Reporting a Soldier in the "LP" Category.
    1. Soldiers that Must be Carried as LP. Only soldiers who are under arrest or in confinement must be carried as "LP."
    2. Soldiers that May be Carried as LP. A soldier may be carried as LP when:
      1. Under investigation by a military, civil, or criminal investigation activity;
      2. Pending administrative/legal discharge or separation; or
      3. Pending military or civil court action.
  4. Consult with the Office of the Staff Judge Advocate (OSJA) and Use Commander's Discretion in Determining Who Should be Carried as "LP".
    1. The categories requiring when a soldier may be non-deployable due to legal processing (under investigation, pending administrative discharge, pending civil or military trial) are extremely broad.
    2. Commanders have discretion in determining who is and is not deployable due to legal processing (just as commanders have discretion in determining who should and should not be administratively separated).
    3. Consult with the OSJA to make this determination in accordance with Note 1, Table D-1, AR 220-1. After consulting with the OSJA, a commander may conclude that pending legal action does not preclude a soldier from deploying.
  5. Factors to Consider. The decision of who is deployable or not due to "legal processing" usually requires an individualized determination of each case.
    1. Seriousness of the alleged misconduct or separation action. Soldiers pending article 15 proceedings are usually deployable. Soldiers pending separation for PT failures or overweight, for example, may still be deployable, while soldiers pending separation for serious acts of misconduct may not be. Soldiers pending civil trial or court-martial for serious felonies are ordinarily not deployable.
    2. Soldier's MOS and importance to the mission. If a soldier is in a shortage MOS, that fact mitigates in favor of designating him or her as deployable, if the underlying legal processing is not so serious.
  6. Do not double-count legal non-deployables. Soldiers who are AWOL (AW) or pending administrative separation for family care plans (FP), conscientious objectors (CO), Lautenberg Amendment (LA), or parenthood (PH) have specific separate codes and should not be counted as "LPs."
  7. Point of contact for the OSJA trial counsel is 301-619-3936.