ADC offers counsel to those in need

  • Published
  • Kunsan Air Base Area Defense Counsel
KUNSAN AIR BASE, South Korea --  Some random Monday morning, you are told to report to your supervisor. That may be your final stop, or you may be moving on to your first sergeant's office, your commander's office, security forces or even the Office of Special Investigations. Where ever you end up, your stomach may knot up and you wonder, and sometimes know, what is going on. No matter what, you know this can't be good.

The next couple minutes are so surreal they pass in a blur. While you are trying to figure out exactly what is going on, you may hear is the classic line, "you have the right to remain silent." At that moment, there is no doubt about one thing -- you are suspected of a crime. Whether that takes you totally by surprise or you are expecting it, this is the time when you need to think carefully and remember one thing, "what you say and do could change your life forever." No matter how much Law and Order, or any other court-room drama, you have watched, you are not a military lawyer. If you decided to give up your right to counsel and make a statement, oral or written, anything you say can be used against you. If you give consent for someone to search your belongings, whatever they find can be used against you. In other words, what you say and do may not only incriminate you, but also used to convict you and end your military career very quickly.

You may think what you've done may not require legal assistance. You don't and can't know that. Just because you don't think you did anything wrong, doesn't mean that is true. Under military law, the Uniform Code of Military Justice, telling your supervisor a lie covering for your buddy, being late two minutes, taking a prescription pill that is not yours, or missing a few payments on your bills are crimes. Little things can add up very quickly and the results can lead to your early separation from the military, loss of pay, loss of rank and sometimes, a federal criminal conviction and jail time.

Anytime you think you could be in trouble, there is someone who you can ask for advice that only cares about your best interests. There is a military lawyer, on base, that is free, whose only job is to fight for you. The Area Defense Counsel (ADC) and Defense Paralegal (DP) assigned to Kunsan Air Base work for only one person, their client. The ADC is completely independent from anyone and everyone on base. Since 1974, the ADC does not work for the legal office or any commander on base. The ADC here reports directly to the Senior Defense Counsel at Yokota AB, Japan and the ADC's officer performance report is endorsed by the Chief Trial Defense Division in Washington D.C.

Everything you say to your ADC is confidential. Many people hesitate to speak candidly with the ADC because they feel things they say may at some future time be used against them by the government. Nothing could be farther from the truth. Only the chaplain and the ADC have this privilege in the military. This applies to courts-martial, administrative discharge actions, Article 32, UCMJ investigations and actions, suspects in interrogation situations, Article 15, foreign criminal jurisdiction cases and any other adverse actions in which counsel for an individual is required or authorized. Examples include reports of survey, line of duty determinations, aircraft accident investigations, courts of inquiry, flying evaluation boards, and demotion actions.

Ultimately it is your decision on what to do. Just make sure you know exactly what you are doing before you act. If you are unsure, there is nothing wrong with saying you want to talk to a lawyer. The ADC is there to work with you and make sure the decision you do make is the best for you.

The Area Defense Counsel office here is located in Building 301, across the street from the hospital. The phone number is 782-4848. Please feel free to call at any time.