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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. An Affidavit of Military Service is required in every case where the Defendant has not filed an answer or appearance. Whether the Defendant is in the military service and show necessary facts to support the affidavit. • Complete this form in black ink only. This form shall not be modified.