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You need an affidavit of non-military service when you are suing or taking other action against another individual. A nonmilitary affidavit is frequently necessary when dealing with legal matters involving servicemembers.Get yours BEFORE you go to court. An Affidavit of Non-Military Service is a legal document that is used to assert that you or someone else is not on active duty. You can fill out the affidavit if you can truthfully provide the court with enough information to conclude that the defendant is not currently on active duty. Form 10 – Affidavit of Non-Military Service Pursuant to. This affidavit is made pursuant to the United States Soldiers' and Sailors' Civil Relief Act of 1940, as amended,. This IS includes security measures (e.g. , authentication and access controls) to protect USG interests--not for your personal benefit or privacy. The forms provide a certificate of service to be completed establishing proper service of the motion and affidavit.