Needed: JAG or like knowleged individuals
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Needed: JAG or like knowleged individuals Expand / Collapse
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Posted 5/27/2008 6:22 AM


Site Owner/Operator

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Recently, as part of a discussion on active duty membership in the 82nd Association, it was related to me that the 82nd JAG had told the association that the association could not release the base contact information for active duty troopers to the chapters until they had ETS'd.

I am having a little trouble with this but I think its more about an inability to understand the legal issues rather than an actual stumbling block.

What I was proposing was that troopers who signup in the association simply fill out the application and then a statement to the effect that by signing the application, the member agrees to have thier contact information used for official purposes only at National and with the Chapter that they specify. To me such language would allow the trooper to agree personally to share thier information and release the Army from any liability.

1. I would like to know officially if that makes sense since we have active duty troopers who signup outside the 82nd all the time and choose a veteran chapter and whose information they send right to the chapter ... doesnt seem to be any difference.

2. I would like to know what kind of legal verbage would cover this that we could use on the application.

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Post #259260
Posted 5/27/2008 6:35 AM


Green GI

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I'm not a JAG (any more than any other Soldier) but I believe you may have to run a FOIA filing...

Post #259261
Posted 5/27/2008 7:07 AM


Stare Master

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Mark, as long as the form has the option for the Chapter and the Troopers do it themselves there should be no problem.  Like you say, active duty Troopers outside of the Division do it all of the time.

Only two defining forces have ever offered to die for you, Jesus Christ and the American GI.  One died for your soul, the other for your freedom.

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Post #259262
Posted 5/27/2008 7:08 AM


Site Owner/Operator

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Possibly, but I think that can be remidied by the troopers themselves agreeing to the release of information. They are signing up for an organization and I think a simple signature or checkbox with the agreement to share the information would take care of it.

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Post #259263
Posted 5/27/2008 8:27 AM


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Rigger82 (5/27/2008)
Recently, as part of a discussion on active duty membership in the 82nd Association, it was related to me that the 82nd JAG had told the association that the association could not release the base contact information for active duty troopers to the chapters until they had ETS'd.

Clarify what you are saying here.  I'm not sure I understand.  Are you saying that the association can collect the data but only retain it at the national level.  Or are you saying that the association can request data from the division but can not provide it to chapters.

I don't believe that the JAG has the authority to restrict you from providing information on association members if they have freely provided that information to you.

Define Base Contact Information:  Unit, telephone number, address, quarters address what?

Someone needs to contact the JAG and get better clarification as to what they were saying.  The information you have provided is lacking in content to make any type of clear decision.  FOIA is not going to provide you with Name, Rank, Unit as long they cover it with OPSEC.

But the question is who is providing it.

There is nothing illegal with collecting data from willing participatants and providing it out in a roster form.  The government can not restrict it if it was collected freely from the individuals themselves.

Need Clarification Please



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Post #259267
Posted 5/27/2008 2:03 PM


BS6's Dude

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FOIA doesn't apply to a private organization

This should be a "no-brainer..."


 
Post #259274
Posted 5/27/2008 2:26 PM


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http://208.106.196.102/Document%20Library/application.pdf

That is the application document, now I am unsure about this point and its hard to get information but while I was in, you just told the 1SG you were joining and he took your $$ as an annual. They ONLY provide headcount and pass the money (minus thier cut) to National on ANNUAL members but a life member fills everything out you see in the form but they are carried at National HQ as a MPDLI (Military Paid for Life) and they are set to the active duty chapter (325, 505 etc etc). National doesnt give the chapters ANY information on any active duty trooper unless they are ETS'ing.

I have a feeling that as usual, Manny got half the conversation or that he is applying something he heard for something else to this situation.

What I am trying to do is change the way we do things, all active duty joes should fill out the application, turn in funds and then sign the form that states what chapter they wish to be assigned to. Then the information is passed to National, where it is recorded and passed to the chapter that the trooper requested.

The base info is only the information you see on the form I have linked to, nothing crazy. The odd part is that if some joe in the 18th abn side of the house signs up, they dont do it through thier unit, and they signup like any joe you run into on the street and they choose thier chapter. IF it is ok for the trooper outside the 82nd, it shouldnt be a problem for the 82nd troops...

Certainly I hope to engage the 82nd JAG, just dont want to waste thier time asking the boil down questions first.

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Post #259278
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