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Military Affidavit for the United States

Military Affidavit Template for United States

A Military Affidavit is a formal, sworn statement made by a service member under United States military jurisdiction. It serves as a legal document containing factual declarations made under oath, subject to penalties of perjury under both military and civilian law. The document must comply with the Servicemembers Civil Relief Act (SCRA), Military Rules of Evidence, and relevant state notary requirements. It typically requires notarization and may need command approval depending on content and circumstances.

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Military Affidavit

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What is a Military Affidavit?

The Military Affidavit is a crucial document used within the United States military legal system when service members need to formally declare facts under oath. This document type is commonly required for various military administrative procedures, legal proceedings, or when documenting incidents within military jurisdiction. The affidavit must conform to both military regulations and civilian legal requirements, including the UCMJ and state notary laws. Military Affidavits are particularly important for establishing official records, supporting investigations, or providing evidence in military court proceedings. They may contain sensitive information and often require specific military chain-of-command approval processes.

What sections should be included in a Military Affidavit?

1. Title and Jurisdiction Statement: Identifies the document as a military affidavit and states the jurisdiction

2. Affiant Information: Personal identification details including name, rank, service number, and current duty station

3. Oath Statement: Declaration that the statements are being made under oath

4. Facts and Circumstances: Detailed account of the relevant facts being attested to

5. Verification Statement: Affirmation of truth and accuracy of the statements

6. Signature Block: Includes signature, date, and notary information

What sections are optional to include in a Military Affidavit?

1. Supporting Documentation Reference: Reference to attached documents, used when additional evidence is relevant

2. Command Authorization: When required by command structure or regulations

3. Security Classification: Required for classified information or sensitive operations

4. Witness Statements: When additional witnesses are relevant to the affidavit

What schedules should be included in a Military Affidavit?

1. Supporting Documents: Copies of relevant military orders, records, or documentation

2. Chain of Command Verification: When required for command verification

3. Service Record Extract: Relevant portions of military service record

4. Photographs or Evidence: Physical evidence relevant to the affidavit

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Ƶ

Document Type

Affidavit

Cost

Free to use
Relevant legal definitions

























Clauses























Industries

Servicemembers Civil Relief Act (SCRA): A federal law that provides legal protections for active-duty military members, affecting court proceedings, financial obligations, and legal rights. Previously known as the Soldiers' and Sailors' Civil Relief Act.

Military Rules of Evidence (MRE): The legal framework that governs the admissibility of evidence in military courts, particularly relevant for affidavits used in military proceedings.

Uniform Code of Military Justice (UCMJ): The foundational military law in the United States that contains provisions about false official statements and perjury.

18 U.S.C. ยง 1001: Federal law regarding false statements that applies to affidavits submitted to federal agencies.

State-specific notary laws: Legal requirements for proper notarization that vary by state where the affidavit is executed.

Privacy Act of 1974: Federal legislation that protects personal information of service members and affects what information can be included in the affidavit.

Department of Defense Instructions (DoDI): Various regulations regarding military documentation, including specific formatting and content requirements for military documents.

National Defense Authorization Act: Annual legislation that may contain relevant provisions depending on the subject matter of the affidavit.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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