Within the Coast Guard, it is both taught and largely thought that the USCG / UCMJ provides one the right to speak with a lawyer when facing disciplinary proceedings and/or adverse personnel actions. This right to a lawyer is specified in several USCG Manuals – including multiple times in the Military Separations manual and reiterated in administrative separations documents. However, in none of these manuals or documents is the phrase “the right to consult with a military lawyer/counsel” defined. That’s because:

One may find the gist of the actual meaning of the phrase “the right to consult with a military lawyer/counsel” on the U.S. Coast Guard’s official website under Coast Guard Defense Services .  The site states that: “The Defense Services Division (CG-LMA-D) provides qualified military defense counsel to Coast Guard members facing disciplinary proceedings and adverse personnel actions.”  “This includes providing consultation for military justice concerns, representing members at administrative boards and courts-martial, and serving as detailed appellate defense counsel.”  The site further explains the difference between “Detailed Counsel” and “Personal Representation” (the latter also known as “Persrep” or “Walk-in Advocacy”).

On the site, “Detailed Counsel” is explained by citing several examples, all related to Non-Judicial Punishment or Courts Martial proceedings:  “A Coast Guard member is entitled to a detailed military defense attorney in a number of instances. Some examples include: (1) after court-martial charges are preferred (sic) against a member (in anticipation of a Special or General Court-Martial) (2) upon notification of intent to convene an Administrative Separation Board in the case of an enlisted member or upon notice of intent to convene a Board of Inquiry in the case of an officer.” 

“Personal Representation” is discussed in the paragraph titled “Opportunities to Speak with a Defense Attorney”.  There it is explained that “Coast Guard members may be subject to any number of disciplinary proceedings and/or adverse personnel actions. To help members navigate the complexities of the disciplinary and administrative systems, they are often times entitled to have military defense counsel detailed to help represent their interests…”

A senior representative from the USCG Judge Advocate General stated that “Detailed Counsel” refers to a USCG lawyer assigned as a “Defense Counsel” to a Coastguardsman facing Non-judicial Punishment (NJP) or Court Martial; and that “Personal Representation is the military version of an unpaid consultation with a civilian lawyer.”  She specifically stated that “a USCG lawyer contacted through a Defense Services Office has no further obligation after the initial consultation.”

COMMANDANT INSTRUCTION 5801.4F “LEGAL ASSISTANCE PROGRAM” lays out the twenty categories that a USCG attorney may assist you with. The categories range from “Wills and Estate Planning” to “Adoptions” to your “Income Taxes”, and even “Civil Criminal Matters”. But, they won’t represent you if you are “facing discipline under the military justice system”… or even if you’re not, but are being punished administratively.

It is worth noting that effectively requiring a junior enlisted Coastguardsman to hire a civilian lawyer to counter a false, capricious and/or frivolous accusation is itself a form of punishment when one considers the cost… even If one is successful.  A 2019 review of lawyers who specialized in military law cases revealed an average hourly rate of $300 per hour, with an average retainer required up front (15 hours to start) of $4,500; If the case requires more time - which it routinely does , one will be asked to replenish the retainer.

In truth, within the USCG discipline system, you’ll be lucky if you get to talk to a military lawyer for more than twenty minutes. After that, you’re on your own. Of course, the Coast Guard officer whose allegations and actions intiated the discharge will be advised “pro bono” by a USCG attorney; but in reality paid for by “tax-payer dollars”, ironically including yours.