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What is an Affidavit of Non Military Service? 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 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 Military Service is required in every case where the Defendant has not filed an answer or appearance. Decided October 29, 1958. Form 10 – Affidavit of Non-Military Service Pursuant to. The Service Members Civil Relief Act is a federal law protecting military members as they enter active duty. The affidavit will prove that the person you are suing or having summoned in court is not on active duty.