Can Military Officers act as Notaries?

I was recently asked by an Active Duty Spouse from Langley AFB, that there is a delay in getting a power of Attorney to go to closing with on the purchase of their new home in Williamsburg. Her husband is in the Air Force, deployed in Afghanistan.  She told me that there was a bit of a delay in getting the Power of Attorney notarized because he had to take a helicopter trip to where there was a notary – a flight that lasted a couple of hours. In researching I have come across the January 2007 issue of The National Notary, published by the National Notary Association that described a similar situation.  The author wrote:

“My husband is in the military, deployed in Baghdad, and therefore does not have access to a Notary.  How can he get a document notarized?”

The response:

“Under federal law, certain U.S. military personnel — including commissioned officers and judge advocates — have authority to notarize for military personnel and their dependents anywhere in the world.

On the administrative and judge advocate staffs supporting your husband’s unity in Iraq, there are likely numerous persons with notarial powers who can assist him.”

 § 936. Art. 136. Authority to administer oaths and to act as notary

(a) The following persons on active duty or performing inactive-duty training may administer oaths for the purposes of military administration, including military justice:

(1) All judge advocates.

(2) All summary courts-martial.

(3) All adjutants, assistant adjutants, acting adjutants, and personnel adjutants.

(4) All commanding officers of the Navy, Marine Corps, and Coast Guard.

(5) All staff judge advocates and legal officers, and acting or assistant staff judge advocates and legal officers.

(6) All other persons designated by regulations of the armed forces or by statute.

(b) The following persons on active duty or performing inactive-duty training may administer oaths necessary in the performance of their duties:

(1) The president, military judge, trial counsel, and assistant trial counsel for all general and special courts-martial.

(2) The president and the counsel for the court of any court of inquiry.

(3) All officers designated to take a deposition.

(4) All persons detailed to conduct an investigation.

(5) All recruiting officers.

(6) All other persons designated by regulations of the armed forces or by statute.

(c) The judges of the United States Court of Appeals for the Armed Forces may administer the oaths authorized by subsections (a) and (b).

Source is: Corenell University Law School

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One comment

  1. Per the Navy JAGMAN under c. Authority to act as a notary section, (1) Under the authority of 10 U.S.C. 1044a, the following persons may perform the notarial acts listed in subparagraph (2) below for persons listed in section 0706 {0706 PERSONS ELIGIBLE FOR LEGAL
    ASSISTANCE a. Members of the armed forces on active
    duty for 30 days or more} of this Manual as eligible for legal assistance, and for others as authorized in 10 U.S.C. 1044a:
    (a)(ii), “Officers of the grade of O-4 and above:”

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