The Army Lawyer 2019 Issue 5

Court Is Assembled: Soldiers and Civilians

Wed, 02 Oct 2024 19:58:00 GMT

This edition of The Army Lawyer is devoted to the Judge Advocate General’s (JAG) Corps Civilian. There are nearly 1,500 Civilians, attorneys and paraprofessionals, across all components of our Corps. Many JAG Corps Civilians have spent time in uniform, but many have not. I have served in both capacities and experienced the culture from what can sometimes be two very different perspectives. The challenge for all of us, both Soldier and Civilian, is to figure out how to bridge the gap between the two cultures, leverage all that we have in common, and form successful teams ready to meet the future needs of the Army.

News & Notes: 101st Airborne Division (Airmobile) SJA Office Vietnam Reunion

Thu, 26 Sep 2024 19:53:00 GMT

In June 2018, lawyers who served in Vietnam with the 101st Airborne Division (Airmobile) reunited in Dallas. There had been previous reunions, but this was the largest gathering of those who served from 1969–1971, despite the increasing number of deceased comrades from that era.

Library of Congress Military Legal Resources

Thu, 26 Sep 2024 19:22:00 GMT

Since 2002, The Judge Advocate General’s Legal Center and School (TJAGLCS) librarian has worked with the Library of Congress (LOC) Federal Research Division (FRD) in creating a special website devoted to military legal resources. For many years, this was an ad hoc project. Last year, however, Brigadier General R. Patrick Huston signed a Memorandum of Agreement (MOA) that established a more formal relationship with the LOC. The intent of the MOA is for the Regiment to provide historically important law-related documents, photographs, and printed materials to the LOC that are scanned, uploaded, and hosted permanently on the free and publicly-accessible LOC FRD website.

Lore of the Corps: A Brief History of African Americans in the JAG Corps

Thu, 26 Sep 2024 14:16:00 GMT

While African Americans have fought in every major American conflict except the Mexican-American War, widespread racial prejudice in U.S. society meant that African Americans served in segregated units in the Army until the Korean War.¹ Given this history, it comes as no surprise that opportunities for African Americans to serve as officers in The Judge Advocate General’s (JAG) Corps were very limited in the past.

Life Hack: The Military Spouse Attorney Hiring Program

Thu, 26 Sep 2024 14:12:00 GMT

Secretary of Defense Dr. Mark T. Esper and the Chief of Staff of the Army General James C. McConville recently emphasized their prioritization of stabilizing the Army Family. One of the initiatives discussed to achieve stabilization of the Army Family was quickening the pace for hiring spouses to Army civilian jobs.

Up Close: Legal Assistance’s Leader

Thu, 26 Sep 2024 14:01:00 GMT

Melissa J. Halsey, who was recently named Chief of the Office of The Judge Advocate General’s Legal Assistance Policy Division, a civilian role, first joined the Judge Advocate General’s (JAG) Corps as a direct commissioned officer after earning her law degree at The University of California’s Hastings College of the Law. She served for seven years—all of them in legal assistance, an unusual path but one she requested after her first taste of it serving in Germany.

Practice Notes: The Army’s Broken Personal Property Program

Thu, 26 Sep 2024 14:00:00 GMT

The Army Claims Personal Property Program Is Not Working Anyone who has spent any time in the military realizes that personal property tends to get damaged or go missing with frequent Permanent Change of Station (PCS) moves. Lately, Soldiers and Family members have become increasingly frustrated—and many are not afraid to speak up, even to Army senior leadership. In October 2018, then-Secretary of the Army Mark Esper, then-Army Chief of Staff General Mark Milley, and then-Sergeant Major of the Army Daniel Dailey were peppered with complaints about the gross negligence of moving companies.¹

Team Building Through Gaming

Thu, 26 Sep 2024 12:50:00 GMT

“Head north.”
“Torpedo ready.”
“STOP!”
“Torpedo launched. Impact in H-2.”
“Direct hit, two damaged.”
Cheers arise from one side of the conference table.

Financial Liability in the Command Supply Discipline Program

Wed, 25 Sep 2024 20:00:00 GMT

If there were ever an Army program keeping company commanders awake at night, the Command Supply Discipline Program (CSDP) is a contender. The primary goal of the CSDP is efficient management of property¹—the vehicles, weapons, equipment, parts, and other items commands use and for which they are responsible.² The CSDP is a rather rigorous program with enforcement at several echelons of command, numerous interested parties, and, importantly for us—legal applications that depend heavily on subjective analysis.

What is the Contemporaneous Record in a Bid Protest?

Wed, 25 Sep 2024 19:20:00 GMT

Few acquisitions are perfect. When a bid protest is filed that challenges the agency’s conclusions or decisions, there is typically a need to explain the agency’s conclusions or decisions to defend against the protest. While additional documentation to explain the agency’s conclusions or decisions may be appropriate, that documentation should be consistent with the contemporaneous record and should not alter or revise the contemporaneous record. This article details that distinction for judge advocates practicing in this field of law.

Funding Determinations for Army IT Acquisitions

Wed, 25 Sep 2024 19:11:00 GMT

Now more than ever, units seek to acquire the latest technological advances to communicate with ease across geographically dispersed footprint and to more efficiently accomplish their mission. Funding an information technology (IT)² acquisition, however, is a complex area of fiscal law. Army fiscal law attorneys must carefully analyze the underlying facts related to an IT acquisition under a scattered array of legal authorities. This article consolidates the various legal guidelines and provides a framework for the fiscal analysis crucial to an ever-changing military IT environment.

No. 1: Family Ties

Wed, 25 Sep 2024 18:25:00 GMT

There have always been family connections in our Corps. When it comes to generational connections, history reveals that grandfathers and grandsons, fathers and sons, fathers and daughters, uncles and nephews, and cousins have worn the crossed-pen-and-sword insignia that distinguishes judge advocates, legal administrators, and paralegal specialists from other Army Soldiers.

Sister Services

Wed, 25 Sep 2024 17:55:00 GMT

Having examined eight Army generational relationships, this article looks at two other family connections that deserve to be highlighted: the Air Force Judge Advocate General with an Army judge advocate son and two identical twin sisters—one in the Marine Corps and one in the Air Force—who are connected with the Regiment because both sisters earned their LL.M . degrees in the Graduate Course.

No. 2: Urine Trouble

Wed, 25 Sep 2024 17:27:00 GMT

Prosecuting violations of Article 112a, Uniform Code of Military Justice (UCMJ),¹ requires familiarity with urinalysis procedures, forensic toxicology, hearsay rules, and military case law interpreting Crawford v. Washington.² This article will orient trial counsel to the general components of Article 112a, UCMJ, trials, beginning with identifying the controlled substance in the specification, collecting urine from the accused, transferring the urine specimen to a testing laboratory, and concluding with expert testimony from a forensic toxicologist.

No. 3: The Section 809 Panel’s Work

Wed, 25 Sep 2024 13:15:00 GMT

On 8 November 2018, Lieutenant General (Retired) N. Ross Thompson came to The Judge Advocate General’s Legal Center and School to give the Cuneo Lecture during the contract and fiscal law symposium. Below are his remarks.

No. 4: Shh!

Wed, 25 Sep 2024 13:01:00 GMT

“Privacy is one of the biggest problems in this new electronic age.”¹ In these technologically advanced times, Soldiers are discovering more innovative ways to obtain evidence in their favor for legal actions, such as administrative investigations and courts-martial.² One of the methods Soldiers are using is to surreptitiously videotape or audio record other Soldiers without that other person’s consent.³

Closing Argument: Embrace Your Team's Conflict

Tue, 24 Sep 2024 19:36:00 GMT

It turns out successful teams have plenty of conflict.Their victories come in managing it the right way.