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You need an affidavit of non-military service when you are suing or taking other action against another individual. Case No: Plaintiff v.DECLARATION OF. NON-INCAPACITATED. 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. Instant access to fillable Microsoft Word or PDF forms. Minimize the risk of using outdated forms and eliminate rejected fillings. 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. Declaration of non military service. Cal. Super. DECLARATION OF NON-MILITARY SERVICE. Whether the Defendant is in the military service and show necessary facts to support the affidavit.