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Judge Advocate (NGB-JA)
Mission: The Office of the Chief Counsel, National Guard Bureau (NGB) provides legal services, counsel, and opinions to the Chief, NGB, the Director of the NGB Joint Staff, the Directors of the Army and Air National Guard and their respective staffs; Service Readiness Centers; State Adjutants General; full-time State Judge Advocates, United States Property and Fiscal Officers; the Offices of the Army and Air Force Judge Advocates General, Army, Air Force, and DoD General Counsel; Federal Agencies including but not limited to: DHS General Counsel, DOJ, White House Legal Counsel, Combatant Commanders, JCS Legal, the Army Judge Advocate General Legal Center and School, the Air Force Judge Advocate General School; combatant commanders; other DoD offices; and other Federal and State agencies (including Congress), concerning operational law, environmental law, contracts, administrative law, and military justice and other areas of the law.

 

Functions
  • Provides legal advice and opinions on matters involving the Army National Guard and Air National Guard.
  • Provides legal advice and opinions on all aspects of military personnel law including accessions,promotions, discharges, release from active duty, sanctuary, retirement, disability processing, medical hold, and full-time support personnel; military pay and allowances, incapacitation pay, separation pay, retired pay, bonuses, loan repayment, and travel and transportation allowances; military benefits, entitlements, privileges, and protections such as medical care, FTCA and other claims statutes, SSCRA, and USERRA; military programs such as physical fitness testing, weight control, alcohol and drug abuse prevention, Lautenberg Amendment, HIV, AVIP, fraternization/improper relationships, leave, pass, domestic operations law, state agency and any Federally applicable laws as well as permissive TDY policy.
  • Prepares counsel regarding military justice actions under both Federal and State law.
  • Provides legal sufficiency reviews of investigations (e.g., Inspector General, ARNG AR 15-6, ANG Commander-Directed, military EO, technician EO, line of duty, reports of survey), board of officer actions (e.g., withdrawal of Federal recognition, faculty boards, flight evaluation boards), other administrative actions (e.g., enlisted lengthy service discharges, letters of reprimand). Advises investigating officers on the conduct of cases.
  • Provides legal advice and opinions on the use and employment of National Guard forces in State Active Duty, Title 32, training, readiness, volunteerism, mobilization, command relationships, innovative readiness training, Defense Support to Civil Authorities, (DSCA), counter-drug, Civil Support Teams and FEMA/SEMA.
  • Serves as Ethics Counselor for the National Guard, provides advice, training, and opinions on all aspects of standards of conduct and ethics, and collects statements of financial interests from required fillers, advises on private organization conference attendance, anti-lobbying rules, political activities, and holding civil office. Interfaces with other agency ethics counselors when necessary. Supervises State Ethics Counselors.
  • Monitors litigation involving the State National Guard and assists Army and Air Force Litigation Divisions, and Assistant U.S. Attorneys in the defense of cases including, but not limited to, the preparation of pleadings, and Board of Correction of Military Records matters.
  • Provides legal advice and opinions on labor law issues and military technician cases before the Federal Labor Relations Authority (FLRA), the Merit Systems Protection Board (MSPB), and other administrative forums. Serves as Agency representative for EEOC and MSPB cases.
  • Provides legal advice and opinions on environmental and real estate issues including acquisition, disposition, construction, and BRAC; negotiates, agreements on such matters with Federal and State regulators, to include property transfers, conservation buffers, air-space agreements, EPA notices of violation and compliance issues, and protection of natural and cultural resources of Federally recognition of Native American tribes.
  • Serves as initial denial authority for NG and acts on behalf of CNGB as the Initial denial Authority (IDA) on requests for information and records under FOIA and the Privacy Act
  • Reviews legal sufficiency of all Federal contracts involving the NG as required by NGB Federal Acquisitions Regulations (NGB-FAR) Supplement; prepares the defense of bid protests before the Comptroller General’ provides legal advice and opinions on fiscal law issues.
  • Provides legal training for State NG Judge Advocates (JA) to include formal instruction and CLE training.
  • Assists in identifying NG JAs to meet service operational requirements. And Coordinates and supports senior state judge advocates.
  • Acts on behalf of CNGB as Initial Denial Authority (IDA) on requests for information or records under FOIA or the Privacy Act.
  • Provides legal advice and opinions on Operational and Counterdrug law, regulation and policy.
  • Provides legal advice and opinions on Intelligence Oversight, law, regulation and policy.  
  • Provides legal advice and opinions on Contracts and Fiscal Law, operational law, regulation and policy.  
  • Provides legal advice and opinions, assignment and oversight of NG attorney liaisons to include, but is not limited to, NORTHCOM and the Judge Advocate General's School.
  • Serves as proponent and "OPR" for all ANG and ARNG legal matters and policies
  • Performs other duties as assigned.