ANNUAL REPORT 1972-1973 The Judge Advocate ·General's School US Army Charlottesville, Virginia 22901
I ANNUAL REPORT
1972-1973
The Judge Advocate middotGenerals School US Army
Charlottesville Virginia 22901
ANNUAL REPORT 1972-1973
The Judge Advocate Generals School US Army
Charlottesville Virginia 22901
THE JUDGE ADVOCATE GENERALS SCHOOL UNITED STATES ARMY
CHARLOTTESVILLE VIRGINIA
FOREWORD
The Staff and Faculty of The Judge Advocate Generals School may justly look back upon 1972-73 as a year of outstanding accomplislunent and more importantly a year during which the School prepared for even greater growth and achievement
The reorganization of the Army resulted in the assignment to the School of the development and doctrinal missions of the Combat Developments Command Judge Advocate Agency thus consolidating all such endeavors under one command The School reorganized to incorporate this new function and the opportunity was taken at that time to modernize the entire organizational structure to make it more rational and more responsive to the requirements of the missions of the School
A second new mission given to the School was that of greater participation in the training of Judge Advocate Generals Corps Reserve Component personnel This program will go into effect in the coming academic year and is designed to insure a One Army approach to Judge Advocate education
Having long advocated the joint-service concept of military legal education the School this year undertook significant steps towards its attainment
For many years the facilities of the School have been inadequate With the increasing number of courses being offered and more persons than ever before desiring to attend them the School has been required to utilize additional facilities of the University and the civilian community Significant steps were taken this year to alleviate this situation Plans for the new school building were completed the ground was broken and construction has begun
As we enter into the post-war era the need for more informed and better educated judge advocates has not decreased We look forward to the challenge of educating military lawyers by continuing to build upon the strengths of past accomplishments
~A~UGL Colonel ~~2 Commandant
ANNUAL REPORT Fiscal Year 1973
TABLE OF CONTENTS
FOREWORD
CHAPTER I ADMINISTRATION AND ORGANIZATION
Section 1 History of The Judge Advocate Generals School 1 Section 2 Office of the Commandant 3 Section 3 Reorganization of the School 5 Section 4 Board of Visitors 7 Section 5 Allied Officer Program 11 Section 6 Interagency Education 15
CHAPTER II ACADEMIC DEPARTMENT 17
Section 1 Function and Organization 17 Section 2 Judge Advocate Officer Advanced Course 21 Section 3 Judge Advocate Officer Basic Course 31 Section 4 Resident Continuing Legal Education Courses 35 Section 5 Nonresident Instruction 39 Section 6 Paraprofessional Courses 41
CHAPTER III CONFERENCES VISITORS AND SEMINARS 45
Section 1 JAG Conference 45 Section 2 Judge Advocate Generals Reserve Conference 47 Section 3 National Guard Judge Advocate Generals Conference 49 Section 4 Speakers and Visitors 51 Section 5 Race Relations Seminar 55
CHAPTER IV DEVELOPMENT DOCTRINE AND LITERATURE 57
CHAPTER V PUBLICATIONS 59
CHAPTER VI RESERVE AFFAIRS 61
CHAPTER VII PROFESSIONAL ORGANIZATIONS AND 65 DEVELOPMENT
CHAPTER VIII BUILDINGS AND SUPPORT ACTIVITIES 71
Section 1 Buildings 71 Section 2 Support Activities 73
iii
APPENDICES
A Organizational Roster of School
B Background Information on Officer Personnel
C Allied Officer Students
D Courses Conducted (Fiscal Year 1973)
E Courses Scheduled (Fiscal Year 1974)
F Thesis Topics and Scope Notes 21 st Advanced
G Guest Members Thesis Evaluation Committees 21st Advanced Class
H Graduates 21st Advanced Class
I Academic Awards 21 st Advanced Class
J Basic Class Graduates
K Basic Class Academic Awards
L Guest Speakers and Visitors
M Articles by Faculty Members
N Visits to Reserve Units
O Lectures Given Outside TJAGSA
Class
79
83
91
93
95
97
107
109
111
113
117
119
135
139
141
iv
CHAPTER I
ADMINISTRATION AND ORGANIZATION
Section I
History of The Judge Advocate Generals School
Judge advocates have served the United States Army since 1775 but no effort was made to provide them with formal training in military law until the opening days of World War II
The Home of the Military Lawyer began on a temporary basis in February 1942 at the National University Law School (now part of the National Law Center of the George Washington University) Washington DC In August 1942 operations were transferred to the University of Michigan Law School in Ann Arbor where Colonel Edward H Young J AGC was the Commandant In the following months hundreds of officers were trained at Ann Arbor and by June 1944 over two-thirds of the active duty strength of the Judge
UllilJcrsity uf AliclziJan Law School
Advocate Generals Corps were graduates of the School Colonel Reginald C Miller JAGC became the Commandant in December 1944 The end of the war substantially reduced the need for trained military lawyers and in 1946 the School was deactivated
A 1946 study on the administration of military justice recommended that provisions be made for the training of Army lawyers in military law and plans were soon being prepared in the Office of The Judge Advocate General to implement the recommendation The passage of the Uniform Code of Military Justice and the Korean conflict accentuated the need for judge advocate training facilities As a consequence The Judge Advocate Generals School was activated at another temporary training facility at Fort Myer Virginia again under the guidance of Colonel Young Approximately 200 officers attended several five-week courses in basic military law taught by five officer-instructors
By this time the decision had been made to establish The Judge Advocate Generals School as a permanent branch service school It was decided to locate the School within 200 miles of Washington but sites as far away as Fort Crockett Texas and Fort Rodman Massachusetts had been considered In the spring of 1951 a survey was made of the facilities offered by the University of Virginia and on 2 August 1951 the present Judge Advocate Generals School was established on the Grounds of the University of Virginia
Previous Commandants
Colonel Charles L Decker 2 August 1951-14 June 1955
Colonel Nathaniel B Rieger 15 June 1955--1 March 1957
Colonel John G OBrien 1 March 1957--13 May 1961
Colonel John FT Murray 1 July 1961-31 December 1964
Colonel John W Burtchaell 1 January 1965--30 June 1966
Colonel Lewis F Shull 25 July 1966-3 September 1967
Colonel Kenneth C Crawford 3 September 1967-1 June 1970
COL Edward H Young JACC
2
Section 2
Office of the Commandant
The Commandant is the Commander of The Judge Advocate Generals School
U S Army a field oper~lting agency of the Office of the Judge Adv0Cltc Gencnl He
is responsible for the accomplishment of the mission of the School which includes the
personnel and logistic support functions undertaken at the School by assigned personnel
The Commandant exercises special court-martial jurisdiction He is in effect a law school dean a post commander a law book editor and publisher a research director and the
career management ~lIId training officer for all JAGC reservists
During the year the Schools second academic chair was established in honor of
the first Commandant of The Judge Advocate Generals School who served as such during
both World War II and the Korean conflict The Colonel Edward H Ham Young Chair
C()L bzlau H YOInu ([Smiddotl f~ct i
slwakillg dt (cdicution cercllOnics for tlC LcUdrd H Hmz YOIng ClUlir of Iilitdrv poundo((u ilcation
3
of Military Legal Education is occupied by Colonel John Jay Douglass Commandant of the School Each honorary chair established at the School is associated with an annual lecture of the same name the first Edward H Young lecture was presented by Delmar Karlen of the Institute of Judicial Administration New York
Prof Delmar Karlen
COL Douglass and Mrs Towsey
4
Section 3
Reorganization of the School
In February 1973 the School underwent its first major reorganization since 1956 While this coincided with a major Army reorganization the main purpose of the School reorganization was to divide School missions along functional lines among the various departments Highlights of the reorganizations are
(I) Office of the Commandant The new position of Assistant Commandant for Reserve Affairs and Special Projects was created to provide policy control for the JAGC Reserve program on behalf of The Judge Advocate General of the Army Responsibilities include training management for J AGC units personnel management at the Department of the Army level and coordination of the training of individual JAGC Reserve component members This office replaces and expands on the former Reserve Affairs Department with certain operating functions transferred to the Academic Department
(2) Academic Department The Academic Department retains its former functions with the addition of an Office of Nonresident Instruction The Office of Nonresident Instruction oversees on behalf of the Director the Schools responsibilities for U S Army Reserve Schools correspondence courses ROTC instructional materials military law instruction at other service schools instruction in military law in Army units and the newly assigned mission on-site instruction for J AGC officers in Reserve component units The current faculty augmented by six new members will present the on-site instruction
(3) Development Doctrine and Literature Department This Department performs the newly assigned combat development mission (acquired upon the abolition of the Judge Advocate Agency Combat Developments Command) and continues certain functions of the former Plans and Publications Department Included in the mission of the new Department is the publication of the Military Law Review The Army Lawyer and the Judge Advocate Legal Service Two new positions were created for Combat Development and for Professional Development and Liaison The latter position has the responsibility for liaison with the American Bar Association the Federal Bar Association the Judge Advocates Association and other bar goups throughout the United States
(4) Office of the School Secretary All administrative and logistical support functions have been placed in the Office of the School Secretary In addition to the existing functions of personnel management (Adjutant) services and logistics there has been added
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Section 4
Board of Visitors
A Board of Visitors has been appointed pursuant to Executive Order No 11007 and AR 15-1 to insure that the high standards of the School are maintained and to assist in the determination of areas requiring improvement The Board composed of leading civilian practitioners and legal ed Llcators examines the varied operations of the School and sums up its findings with criticisms and recommendations in a report submitted at the end of its inspection During the past year Colonel Van Benschoten was made an honorary member of the Board and Mr Richard E Wiley was appointed as a regular member
The Board met as a group from 10 to 13 April 1973 and re-elected Colonel Deutsch as its Chairman Colonel Deutsch Colonel Van Benschoten Colonel Finger Professor McDougal Professor Reed and Commissioner Wiley were present and undertook an inspection of the School Colonel Benjamin HO Schleider Jr J AGC USAR an attorney in Houston Texas served as the Recorder
Briefing of Board of Visitors
7
Eberhard P Deutsch Attorney at Law arid senior partner of the law firm of Deutsch Kerrigan and Stiles New Orleans Louisiana Editor-in-Chief of the American Bar Association publication The International Lawyer Colonel United States Army Reserve (Retired) and Civilian Aide to the Secretary of the Army from Louisiana
John H Finger Attorney (It Law San Francisco Califorllia and senior partner of the law finn of Finger Brown and Abramson past president of the California Bar Association Colonel United States Army Reserve (Retired) the JlI dge Advocate Generals Corps
Myres S McDougal Sterling Professor of Law The Yale Law School New Haven Connecticllt former president of the Association of American Law Schools
8
Honorable Alfred P Murrah Director Federal judicial Center Senior jude and former Chief judge 10th Circuit US Court of Appeals
john W Reed Ann Arbor Jvlichigan Professor of Law The University of Michigan Law School and Wayne State University Law School Director The Institute of Continuing Legal Education former Dean of the University of Colorado School of Law
Honorable Richard E Wiley Commissioner Federal Communications Commission former General Counsel Federal Communications Commission former Chairman of the Young Lawyers Section of the American Bar Association former partner in the firm of Burditt and Calkins Chicago Illinois former Captain in the judge Advocate Generals Corps US Army
9
Birney M Van Benschoten Attorney at Law New York City General Counsel for American Overseas Petoleum Ltd [Caltex Group J Colonel United States Army Reserve (Retired) the Judge Advocate Generals Corps Honorary Member of Board of Visitors
Following its visit the Board submitted its report containing the following comments and conclusions
a The Board was highly impressed with the efficient organization of the School The Commandant of the School is a highly energetic well-motivated and farsighted educational leader who without question has a high degree of cooperation and support at all levels of the staff and faculty The School is a credit to the Corps
b The Board believes it is an important role of the School to continue its present practice of constantly reviewing its curriculum and objectives Of necessity some of the educational missions of the School must be concerned with how-to-do-it courses and as is recognized by the School it is also important to have an academic environme1t to give it the quality of graduate-type curriculum
c It is believed by a majority of the Board that continued use of the thesis program is an important element in furthering the balance of practical instruction and purely academic thinking Consideration should be given to reorienting the thesis program toward longer range problems that may confront the military legal profession in the future rather than present problems
d The objective of increasing the variety of elective courses of students in the Advanced Course is highly desirable and should be continued and expanded to the extent feasible
e A specific compliment must be paid to the Librarian of the School for her diligent work in the cataloging and development of the acquisition plan of the Library Tremendous improvement has been seen in this one area and a tremendous amount of obvious hard work should not go unnoticed
10
Section 5
Allied Officer Program
Allied Officer Students During Fiscal Year 1973 the Judge Advocate Generals School was privileged to have as students in the 21 st Advanced Course and the 66th Basic Course allied officers from the United Kingdom Iran Jordan Pakistan and the Philippines See Appendix C
The Allied Officers received the same instruction took the same examinations and submitted written papers and theses as did their American colleagues These requirements indicate the high level of fluency in both the written and spoken aspects of the English language that these officers had achieved prior to their arrival at the School
During their stay the Allied Officers were escorted on tours of Jamestown Williamsburg and Norfolk In addition Allied Officers attending the 21 st Advanced Course
COL Fillton with LTC Ridao of the Philippines Squadron Leader Anwar of Pakistan and ivlA] Tehrali
of [ran Members of the 21st Advanced Class
1 I
Mrs Tehrani assists COL Douglass in Promoting MAJ Tehrani
Dean Monrad C Paulsen of UVA Law School visits with LTG Modares and MC Behzadi
12
wcrl cscorted on a DCSOPS Orientation Tour
or Washington DC for a one-week period
illlied Officer Gua dUC Visits On
2 November 1972 the annual banquet
honoring the Allied Officers was held at the
Monticello Hotel Distinguished guests
included The Judge Advocate General
LTG Modares Chief of the Iranian Judicial
Department and MC Behzadi Prosecutor
Ceneral Imperial Iranian Armed Forces
Other distinguished allied officers were
gucsts of the School for orientation visits
during the period covered by this report See
Appendix L
IvJAj Selwood (UK) 66th Basic Class
Allied Officer Gala
13
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Section 6
Interagency Education
The School continued this year to provide legal education to personnel from the other services and agencies within the Federal Government During the year our courses were attended by 48 Navy and Marine Corps officers 49 Air Force officers and 138 civilian employees of the Government from the Department of the Interior NASA the Atomic Energy Commission the U S Postal Service GSA FAA U S Water Resources Council the Department of Transportation GAO NSA the Department of Agriculture SBA ACTION USIA and the Army-Air Force Exchange System Our Basic Course provides the introduction to service oriented law for all of the Coast Guard legal officers and we provide a source of further education for the Coast Guard with our specialized programs
Coast Guard Officers and their Ladies at Basic class Reception
15
Captain William H Parks USMC a member of this years 21st Advanced Oass will be remaining at the School to join our faculty in the international and criminal law fields
Throughout the year the exchange of ideas methods and experience which was made possible by the inter-agency utilization of the School has been of immense value to all of the personnel and organizations involved
Representing the Women Attorneys in Uniform at T]AGSA
LT Dufford user (Basic class) CPT Casper USA (Basic Class) CPT Plaut USA (Basic Class) MA] Hunter USA (Faculty)
CPT Albertson USMC (Adv Class)
CMDR Cassani USCG Presents Basic class Diploma to LT Winona G Dufford USCG
CPT William H Parks US Marine Corps Representative on T]AGSA Faculty Teaching a class
in International Law
16
CHAPTER II
ACADEMIC DEPARTMENT
Section 1
Function and Organization
The Academic Department develops and conducts the Schools instruction for judge advocates in the active forces and Reserve Components Resident courses include the Judge Advocate Officer Basic Course an introductory course in military law for judge advocates initially entering active service and the Judge Advocate Officer Advanced Course which provides an academic year of graduate level study in military law and related fields During the year the department presents several specialized continuing legal education courses ranging from one to three weeks in length These include courses in military justice procurement law international law military personnel and administrative law law relating to military installations legal assistance claims litigation and environmental law Federal civilian employee law and a military judge course designed to qualify judges for the military judiciary The student body includes active duty and Reserve Component judge advocates of the Army Navy Air Force Marine Corps and Coast Guard civilian attorneys employed by the Federal Government and judge advocates from foreign countries The department also offers courses for warrant officer legal administrative technicians and enlisted legal clerks such as a Law Office Management Course the Noncommissioned Officer Educational System (NCOES) Advanced Course and courses for the training of paralegal assistants for military lawyers A three-day Senior Officers Legal Orientation is presented to brigade and installation commanders and other senior line officers In addition the department is responsible for all COL William S Fulton Jr of the Schools nonresident instruction Director Acade mic Department
17
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including the preparation and administration of extension courses the preparation of training material for judge advocates attending United States Army Reserve Schools or serving in Reserve Component units and the presentation of on-site instruction to Reserve Component unit judge advocates at their home stations
During the Fiscal Year 1973 36 resident courses were conducted with 1268 students in attendance Of the 998 Army officers attending courses 783 were active duty
LTC David A Fontanella Chief Civil Law Division
personnel and the remaining were reserve component officers Courses conducted during Fiscal Year 1973 appear at Appendix D Courses scheduled to be conducted during Fiscal Year 1974 are set forth in Appendix E
The official source of infonnation concerning courses of instruction at all Army service schools including The Judge Advocate
LTC Hugh R Overholt Chief Criminal Law Division
Generals School is the US Army Formal Schools Catalog (Department of the Army Pamphlet 350-10) That catalog provides detailed information for staff officers commanders and personnel officers who are concerned with the selection of individuals for school attendance for commissioned officers both active and reserve of the armed forces and all civilian employees of the Government who are interested in attending particular courses and for others who may MAl James R Coker wish to acquaint themselves with the Armys Cllie ICL Division
19
training opportunities In addition Army regulations govern related matters such as attendance by military personnel from foreign countries Quotas for the courses mentioned above except for the Military Judge Course and the Warrant Officers Course may be obtained through usual command channels Quotas for the Military Judge Course are controlled by the U S Army Judiciary in Washington DC Particular inquiries concerning quotas may be addressed to the Commandant The Judge Advocate Generals School US Army Charlottesville Virginia 22901
The organization of the department includes Civil Law Criminal Law International and Comparative Law and Procurement Law Divisions The School is fortunate to have a highly qualified and exceptionally well-motivated faculty The average tenure of the faculty member is three years with an absolute minimum of two full academic years The majority of the faculty has had graduate legal training with some members of the faculty having graduate training in other disciplines An important adjunct member of the faculty is the Schools Educational Advisor Dr John Sanderson Assistant Dean University of Virginia School of Education Dr Sanderson serves as a consultant on a variety of educational problems at the School with primary emphasis on methods of testing and teaching
A Deputy Director for Nonresident Instruction will coordinate Department efforts in the area of military legal instruction for ROTC in other service schools and in the USAR schools He will also coordinate and administer the Schools extension correspondence course program The on-site instruction program will be administered by the Deputy Director for Nonresident Instruction in coordination with the Assistant Commandant for Reserve Affairs
MAJ Richard E Mowry Dr Jolm A Sandcrsoll Chief Procurement Law Division Edlcati01lal Advisor
20
Section 2
Judge Advocate Officer Advanced Course
GClZcral This course offers an academic year of graduate study in all areas of military legal practice Highly qualified judge advocates of the Armed Forces of the United States and allied nations are selected to attend
The Advanced Course is designed to provide an opportunity for experienced judge advocates to renew the study of legal principles in an academic atmosphere The students are encouraged to apply modern legal theory to the problems arising in military settings thus preparing them to be more effective legal advisors to high-level military commanders and to assume positions of substantive responsibility in the offices of The Judge Advocates General
All students take the core curriculum of the four disciplines presented at the ScJh)ol--criminal law civil law international law and procurement law Supplementing
An Afternoon with a General Officer NIG Prugh in an informal seminar with members of Advanced Class
21
the core curriculum are electives presented by the University of Virginia and by the School
Successful completion of the course requires submission of a thesis of graduate level quality which makes a substantial contribution to military legal scholarship A thesis evaluation committee composed of the thesis advisor guest member and School representative grade each paper hear the oral presentation of the thesis by the student and examine the student orally following his presentation Thesis topics and scope notes of members of the 21 st Advanced Class may be found in Appendix F Guest members of the thesis evaluation committees are listed in Appendix G
Additional features of the Advanced Course include the newly instituted program of afternoon discussions with general officer judge advocates and practicing field staff judge advocates and full participation in the Schools conference programs The Advanced Class students have the opportunity to see international law and diplomacy in action when they travel to New York City for a visit at the United Nations During the three-day tour the class receives detailed briefings from the United States United Nations and foreign diplomats and legal advisors The students are given a complete tour of the UN Headquarters A trip to Washington D C provides class members an opportunity to be admitted to practice before the Supreme Court of the United States visit congressional hearings observe proceedings of administrative agencies and receive an orientation at the US Army Judiciary where class members may be admitted to the bar of the US Army Court of Military Review
S PRESENTED BY 21ST ADVANCED CLASS
1972-73
Plltlquc Syilluoliilli2 the 21st Advanced Class Gift of
Trees for Courtyard of NcUJ JAG School Building
22
Shortly after locating at the University of Virginia the quality of The Judge Advocate Generals School Advanced Course Program was brought to the attention of the American Bar Association A detailed inspection of the School by ABA represen ta tives was concl ucted anel 0 n 22 February 1955 the School was accredited by the ABA and its Advanced Course deemed worthy of the Master of Laws degree This accreditation was reaffirmed after a three-day inspection of the JAG School in March 1971
The 21st Advanced Class began on
28 August 1972 with 43 students 111 LTC Loftus Class Leader attendance 35 US Army Judge Advocates 1 US Navy Judge Advocate 4 US Marine Corps Judge Advocates 1 officer from Pakistan 1 officer from the Philippines and I officer from Iran The class was graduated on 1 June 1973 A list of the graduates is contained in Appendix H and the academic awards are noted in Appendix I
Han Hadlai A Hull Assistant Secretary of the Army
(Financial Managernellt) Graduation Speaker for 21 st Adlanceci Class
23
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Coursc Structurc The FY 73 Advanced Course was conducted in two semesters as follows (bracketed numbers following course titles refer to number of semester credit hours granted for that course eg [4 J)
REQUIRED COURSES - FIRST SEMESTER
GOVERNMENT CONTRACT LAW I [3]
The course deals with general principles of government contract law the role of the judge advocate in the procurement process the appropriations process procurement methods contract types and modifications Attention is also given to cost principles and truth-in-negotiations as well as socio-economic policies
CRIMINAL LAW I [2]
This course focuses on the criminal process to include initiation of processjudicial responsibilities of the commander parties to the proceedings trial processes and the appellate process Problems in jurisdiction pretrial confinement trial publicity and professional responsibilities are also considered in roundtable discussions
MILITARY AND CIVILIAN PERSONNEL LAW [2]
A survey of military personnel law civilian personnel law and labor-management relations with emphasis on policy considerations and the lawyers role Special attention is given to legislation personnel affairs litigation conflicts of interest and release of information
INTERNATIONAL LAW I [2]
A basic outline of the rules of public international law as a system or tool used by nations to control guide clarify and proceduralize the relations between nations traditional and contemporary views of international law the state international and regional organizations associations and individuals as participants in the system how decision-making authority is allocated in the system on the basis of jurisdiction and municipal law and peaceful means of dispute resolution concentrating on types of international agreements
MILITARY ORGANIZATION AND OPERATIONS [2J
The organization of the Department of Defense and the Department of the Army to include the organizations missions functions and inter-relationships of DOD Army staffs and major commands and agencies the organization and command structure of an
25
overseas theater of operations to include the command relationships in joint and combined commands and the territorial organization of the theater of operations
REQUIRED COURSES -- SECOND SEMESTER
CRIMINAL LAW II [3]
The course covers constitutional criminal problems trends and developments under the Manual for Courts-Martial United States 1969 (Rev ed) and the Fourth Fifth Sixth and Eighth Amendments Consideration of the law of crimes drugs and affirmative defenses is followed by discussion of wiretapping custodial interrogation psychiatric evidence and search and seizure The course includes discussion of corrections and extraordinary relief
LEGAL PROBLEMS OF COMMAND [2]
A survey of the law of military reservations (jurisdiction and conflicts of law) regulatory law civil rights and management (manpower and fiscal) Special emphasis is given to race relations environmental law dissent command authority and control of military installations
GOVERNMENT CONTRACT LAW II [2]
This course is a continuation of Government Contract Law I It focuses on contract administration covering such areas as contract terminations inspection acceptance and warranties and disputes and remedies Attention is also directed to nonappropriated funds off-shore procurement and service contracts
MANAGEMENT FOR MILITARY LAWYERS [2]
Manpower management includes discussion of manpower vouchers staffing guides preparation of Schedule Xs modification of TDAs the relationship between spaces dollars and position delineation Fiscal management emphasizes the fiscal process of budget programming execution and review at the installation level Personnel management stresses the hehavioral science approach to management of people including job enrichment and motivation theories of organizational psychology The military lawyer analyzes his own management style with Blakes Managerial Grid and measures his ability to understand and motivate subordinates
INTERNATIONAL LAW II [2]
A study of the involvement and interrelation of nations through the concepts of
26
self-defense intervention human rights and various types of warfare A detailed examination of the laws of warfare concentrating on land warfare but including sea and air warfare the reporting handling and processing of violations of the law of war by national and international agencies and Geneva Convention training and the role of the military lawyer in implementing the rules of the Law of War
IiLc[rVE COURSES -- FIRST SEMESTER
FEDERAL CLAIMS AND LITIGATIGN (I credit)
A study of the procedure and basis for
the acijuciiciation payment and collection of claims by the United States with emphasis on the Federal Tort Claims Act Military Claims Act and claims in favor of the United States under the Federal Claims Collection Act and the Medical Care Recovery Act Actual claims problems and their resolutions stressing litigation and court decisions will highlight
the growing importance of claims administration 1I1 the field Future responsibilities of the judge ldvocate will be outlined in a treatment of the Federal litigative process with discussion of service of process pleading motions and discovery Squadron Leader Anwar Entertains
under the Federal Rules of Civil Procedure
INTERNATIONAL LAW OF HUMAN RIGHTS (I credit)
Working with international documents to include the OAS Charter the Genocide Convention European Human Rights Convention General Assembly Declarations and the 1949 Geneva Conventions as well as with various national constitutions the student will
examine those human rights generally respected by nations The role of the Judge Advocate Officer in implementing these rights within the military through education training preventive law or other programs wiII be discussed Thus the student will be better able to advise and assist commanders and their personnel both before and during hostilities Using individual problems each student will make an oral presentation and submit a short
paper on his problem area
27
MILITARY JUSTICE LEGISLATION SEMINAR (I credit)
This seminar addresses the following pending bills (1) requiring unanimous verdicts by courts-martial 0) Hatfields joint service concept (3) Bayhs court-martial commands (4) random selection of court members (5) pretrial procedure-investigation by magistrate and bail (6) increasing power of judge to sentence suspend and defer sentences (7) proposals to eliminate the post trial review or remove it from the convening authority (8) proposals to increase the jurisdiction of military appellate courts and to allow direct appeal from the Court of Military Appelt1ls to tha United States Supreme Court (9) the scope of Article 62(a) and (10) proposals to extend the military contempt article The objectives are to familiarize the class with the pending legislation and to stimulate creative thinking The seminar begins after the class has sufficient grounding in current military law to appreciate suggestions for change Each student writes a short paper which recommends new legislation criticizes current proposals or advocates adoption of a current proposal
CONTEMPORARY JUDGE ADVOCATE PROBLEMS 0 credits)
This seminar meets 12 sessions of two hours each for discussion of a variety of problems facing the military lawyer to include his relationship to the Army the educational program for military lawyers judge advocate responsibilities for resolving contemporary
Advanced Class Skit at [jAGSA Purty
28
pro bkll1s including flow of gold drug abuse racial confrontations pli bl ic and communi ty
rciltions professional responsibilities of clefense counsel control of courts-Illartial hy
military judges organization training and retention of reservists judge advocate office
organization war crimes problems civilian offenders and responsibility in scntencing of
offenders Each student will make a presentation and lead a group discussi)n A slnrt
paper is required
ILnCl1VE COURSES -shySECOND snMESTER
PI RSONAL LEGAL PROBLEMS OF
llL1TARy PERSONNEL II [II
This i~ a continuation of the first
semester seminar on legal assistance topics of
concern to judge advocates supervising
counseling services for military personnel and
thcir dependents The seminar will treat
common legal problems in the following
areas real estate transactions estate
planning investment counseling domestic
relations motor vehicle ownership and
military retirement programs and benefits
SJA OPERATIONS IN MILITARY JUSTICE [IJ
An examination and analysis of the organization problems and operation of the
Staff Judge Advocate office in the field of Military Justice The seminar will include
discussions of the organization of the Military J Llstice Division wi th i n 1 Staff Juclgc
Advocate office and relationship of the Staff Judge Advocate to the Deputy Stafr Judge
Advocate Chief of Military Justice Chief of Staff Commanding Genera inferior
courts-martial convening authorities the Provost Marshal and civilian law LnforCLment
personnel The seminar will also examine the processing of inferior cOllrh-Illartiil ll1d
Article 15 UCMJ proceedings pretrial and post trial processing of glneral courts-martial
the detailing of court members counsel and the military judge and the lundling or confinement problems
CONTEMPORARY MILITARY POLICY 12J
The purpose of this seminar is to promote understanding of thL Army till (lCLl]
and political environment in which it operates and selected military pulicy h)llc
confronting the nation and its armed forces
IMPLEMENTATION OF THE LAW OF WAR [I]
A review of 1972 and 1973 draft protocols and papers prepared by the International Committee of the Red Cross for implementation of the law of war in international and non-international conflict In context of US military force structures weapon systems and modern warflre a determination of an acceptable Army position on such proposed agreements Preparation of a position paper on a limited number of issues most pertinent
to the Army
GOVERNMENT CONTRACTS AS AN INSTRUMENT OF SOCIAL POLICY [I J
A study of the socio-economic policies in Government contracting their effectiveness and other alternatives to meet the social problems in the United States today Specific socio-economic policies covered will include small businesses labor standards labor surplus and labor surplus set-asides Buy National programs and equal opportunity programs
WEAPONS SYSTEMS ACQUISITION III
A study of the process of procurement of major weapons systems problems of such procurement and possible im provements to the process The proced ure will be traced
from the initial decision between competing systems to the selection of the source fm svstem development
30
Section 3
Judge Advocate Officer Basic Course
GellerLlI The life blood of the Judge Advocate Generals Corps is the grlduates of the twelve-week Basic Course which consists of Phase I four weeks presented at the U S Army Military Police School at Fort Gordon Georgia and Phase II presented in eight weeks at TJAGSA The Basic Course is a practical how-to-do-it course as contrasted with the graduate level Advanced Course Highlights of the course are instruction in the four major fields of military law and in practical exercises which will prepare the newly appointed judge advocate for his first duty assignment and particularly for military criminal trial practice
A moot court program is a continuing feature of the instruction given Basic Course students This program is designed to give new judge advocates practical experience in military trial practice and procedure Moot courts are simulated general courts-martial
Husband alld Wife Legal Teams in 65th Basic Class CPTs Peter alld Joyce Plaut and CFTs Joseph and Madge CCLlper
31
based on fact situations prepared by faculty members The positions of trial and defense counsel members of the court and witnesses are filled by members of the Basic Course Each student has at least one opportunity to act as trial or defense counsel The military judges part is played by members of the staff and faculty the Advanced Class or the
U S Army Judiciary who are certified military judges
Each class travels to Washington D c where they are admitted to practice before
the United States Court of Military Appeals
During FY 73 four Basic Courses-the 65th 66th 67th and 68th--were conducted at the School A total of 238 officers were graduated including IS officers of the United States Coast Guard and one allied officer each from Jordan and the United Kingdom A list of the graduates of the Basic Classes is contained in Appendix J and the academic awards arc noted in Appendix K
MG Harold E Parker The Assistant Judge Advocate General Gives Basic Class Graduation Speech
32
Course Structure The course curriculum and scope are as follows
CRIMINAL LAW [88 platform hours]
Introduction (2) Jurisdiction (2) Evidence (IK) Trial Technique (6) Documentary Evidence and AWOL (4) Affirmative Defenses (6) Review of Inferior Courts (2) Appellate Review and Extraordinary Relief (3) Procedure (26) Interview of Witnesses and Accused (3) Pretrial Advice and Post Trial Review (6) Article 15 (4) Review for Examination (2) Examination (4)
CIVIL LAW [74 platform hours]
Introduction (1) Military Personnel Law (9) Civilian Personnel Law (4) Labor-Management Relations (4) Boards of Officers (3) Law of Military Installations (12) Military Assistance to Civil Authorities (2) Claims and Litigation (12) Legal Assistance (12) Civil Rights (2) Drug Abuse (2) Dissent Seminar (2) Race Relations (4) Research Problems (6)
PROCUREMENT LAW 66th Basic Class Gift [21 platform hours] Being Presented to Commandant
Introduction and General Principles (3) Appropriations Process (2) Judge Advocate Responsibilities (2) Procurement Methods (4) Contract Types (1) Socio-Economic Policies (1) Nonappropriated Fund Procurement (I) Disputes and Remedies (2) Inspection Acceptance and Warranties (I) Examination (I)
INTERNATIONAL AND COMPARATIVE LAW [10 platform hours]
Recognition of problems involving international and foreign law with respect to claims and legal assistance and sources for solutions to such problems (I) Basic rules of criminal jurisdiction under status of forces agreements the Trial Observers Report (I) The fundamental laws and rules of the Law of War (2) Techniques of Military Instruction (2) Geneva Convention Training (2) Recurrent problems in using or instructing 011 the Law of War (2)
MILITARY OPERATIONS AND MANAGEMENT [4 platform hours]
Introduction to U S Defense structure and command and staff relationships within
33
this structure with emphasis on the relationships between the commanding officer of the installation Staff Judge Advocate and other installation command and staff elements
RACE RELATIONS SEMINAR [4 platform hours]
Students survey current race relations problems at the military installations based upon case studies in order to detennine the cause and effect of racial tensions Seminar participants discuss statutes regulations and current Army policy designed to prevent discriminatory practices and promote racial harmony in the military service
LEGAL RESEARCH PROBLEMS [8 platfol111 hours]
In this office practice exercise each student researches and prepares an opinion on selected legal problems commonly encountered at the militalY installation He then makes a classroom presentation of his work using an appropriate pedagogical technique with a view towards instructing his fellow students in the law
Basic Class Recep tion
34
Section 4
Resident Continuing Legal Education Courses
CIVIL LAW I (5F-F5)-Two phases (l week each)
Phase I--Law of Military Installations Law and current legal problems relating to military reservations nonappropriated funds military assistance to civilian authorities and installation management with special emphasis on control of installations and challenges to commanders authority by court processes
Phase II--Claims Claims regulations and procedures with emphasis on the Federal Tort Claims Act and claims in favor of the Government Panel discussions on injury evaluation and medical care recovery highlight the practical aspects of the course
CIVIL LAW II (5F-F2)--Two phases (1 week each)
Phase I--Personnel and Administrative Law A study of statutes regulations and court decisions concerning military personnel law boards of officers conflicts of interest military compensation line of duty determinations and release of information Attention will also be given to current administrative law problems with panels of experts
Phase II-Legal Assistance Study of current legal problems and court decisions which affect the military serviceman including consumer protection family law taxation immigration small claims property settlements and bankruptcy
INTERNATIONAL LAW (5F-F3)--2 weeks
International agreements jurisdiction State responsibility Status of Forces Agreements conduct of hostilities war crimes and internal armed conflict Geneva Conventions and the New Protocols Responsibility and Superior Orders
JUDGE ADVOCATE OVERSEAS OPERATIONS (5F-F14)--1 week
A review of civil and criminal codes of countries where large numbers of US personnel are stationed and the rules established for the conduct of US personnel through Status of Forces Agreements Emphasis is upon the role of the judge advocate in assisting US personnel in the conduct of their legal affairs in a foreign country in protecting
35
jJAl Rice
MAl Suarez
the interests of the Government in civil litigation and in protecting the interests of US personnel charged with crimes by a foreign country
JUDGE ADVOCATE RESERVE COMPONENT FIELD GRADE OFFICER REFRESHER (S-27-C8)-2 weeks
To further qualify the judge advocate in matters relating to the performance of legal duties involving international and comparative law and administration of military justice and to provide a more comprehensive knowledge of the fundamental principles of Government contract law and the role of the procurement legal advisor organization of the Army developments in tactics military correspondence command and staff procedures and National Guard and Army Reserve activities
LAW OF FEDERAL EMPLOYMENT (SF-FI0)-1 week
Civilian Personnel Law Hiring promotion and discharge of employees under the FPM and CPR role of the Civil Service Commission procedures for grievances appeals and adverse actions personal rights of employees
Labor-Management Relations Rights and duties of management and labor under Executive Order 11491 and DOD Directive 14261 negotiation of labor contracts impasse mediation administration of labor contracts and procedures for arbitration of grievances
LAW OF WAR amp CIVIL MILITARY OPERATIONS (SF-F4)-2 weeks
A review of the basic law of war with an up-date on the latest changes and developments in the area A detailed examination of international customs and treaty rules affecting the conduct of
CPT IlIlwinl~elried
36
us military forces in civilmilitary operations and in all levels of hostilities The Geneva Conventions and their application in civilmilitary operations and in various types of combat operations and missions to include problems of refugees labor psyops
legislation and public relations
LITIGATION AND ENVIRONMENT LAW (SF-FI3)--1 week
Review of Federal Rules of Civil Procedure Judge Advocate coordination with Department of Justice and procedural law relating to practice before administrative agencies Preparation of litigation reports and techniques of evaluating liability and amount of damages
MILITARY JUDGE (SF-F9)--3 weeks
To qualify military lawyers to perform duties as full-time military judges at courts-martial with emphasis on special courts-martial Conference panel and seminar forums are utilized to cover substantive military criminal law defenses to crimes instructions to the court rules and principles of evidence trial procedure and current military legal problems
MILITARY JUSTICE (SF-Fl)-Two phases (I week each)
Phase I--Administration of Military Justice An examination of the administration of military justice to include recent developments in criminal law and the functions and problems invoived in pretrial and post-trial procedme
Phase IJ-Trial Advocacy Intensive instruction in trial practice to include problems confronting trial and defense counsel
37
CPT AdatIs
CPT illlltall
CFJ lurJut
MAJ McGo lIA1i1
AlA) LlIlc
AJAr Gilligal
PROCUREMENT ATTORNEYS (5F-Fll)-2 weeks
Study of legal problems arising in the following areas general principles including the authority of the Government and its personnel to enter into contracts contract formation including appropriations formal advertising basic contract types and socio-economic policies contract performance including modifications~ disputes including remedies and appeals
PROCUREMENT ATTORNEYS ADVANCED (5F-FI2)-2 weeks
Study of legal problems arising in the following areas incentive contracting funding competitive negotiation socio-economic policies Government assistance state and iocal taxation modifications weapons system acquisition truth in negotations terminations labor relations problems contract claims and litigation
SENIOR OFFICER LEGAL ORIENTATION COURSE-3 days
Civil law to include installation management labor management relations military personnel law llonappropriated funds investigations legal assistance claims and litigation criminal law to include search and seizure confessions the responsibilities of the convening authority before and after trial and the options available to commanders in varibus military justice situations
STAFF JUDGE ADVOCATE ORIENTATION COURSE (5F-FI 5)--1 week
A survey of new developments in the areas of military justice civil law procurement and international and comparative law
38
Section 5
Nonresident Instruction
The Office of Nonresident Instruction was added to the Academic Department to coordinate and administer the various forms of nonresident instruction offered by the School The office is headed by the Deputy Director for Nonresident Instruction
The office is divided according to the instructional methods employed The immediate office of the Deputy Director is responsible for supplying instructional materials for use by instructors at other institutions Materials are supplied annually to USAR Schools for instructing 7000 Officer Advanced Course and 2000 Officer Basic Course students of other than J AGC branches and 85 JAGC Advanced Course students ROTC cadets receive instruction on their college campuses utilizing NRI materials The Deputy Director also maintains liaison with the US Military Academies other Army service schools and schools of other Armed Forces Active Army unit training support is also a function of the office
The Correspondence Course Office is responsible for supplying students with self-instructional materials Approximately 2500 students are carried on the rolls annually including officer and enlisted personnel of the Active Army and Reserve Components andmiddot personnel from allied nations About 20000 correspondence course students of other Army service schools take subcourses supplied by NRI
39
MAj james A Endicott Jr Dep Dir for Nonresident Instruction
CPT joseph W Hely Jr and Mr Robert 11 Alerritt
The following courses are currently offered by correspondence
Judge Advocate Basic Indoctrination Course
Judge Advocate Advanced Course
Special Courses Specialization Courses for Senior J AGC Officers Military Law for Commanders and Staff Officers Course Legal Warrant Officers Course MOS 713A J AGC Senior NCO Course GCM Legal Clerks Course MOS 71D50 SPCM Legal Clerks Course MOS 71 D20
All Advanced Course students enrolled on 1 September 1973 will be required to complete a writing requirement administered by the Deputy Director Thesis advisors will be assigned to each student to assist in topic selection and organization of the 15-20 page 3000 word minimum papers
CJYr (P) Terry Devliu IS Promoted (Finally)
40
Section 6
Paraprofessional Courses
The Legal j)artl[JToessional The implementation of the Military Justice Act of 1968 and the Pilot Legal Assistance Program have placed extraordinary demands on the time of the Army lawyer A partial answer to these demands is the development of military legal paraprofessionals During the second week of February the Civil Law Division conducted the first Legal Paraprofessional Course in legal assistance The course attended by 21 secretaries and enlisted men from Army and Coast Guard judge advocate offices is the first step in the fonmll development of legal para professionalism in the Army The Criminal Law Division also graduated its first group of paraprofessional students in February 1973 The paraprofessional courses are designed to instruct legal lay assistants in the duties and administration of the military justice division of installation judge advocate offices It is planned that future instruction in these resident courses will include
PARAPROFESSIONAL COURSE--CIVIL LAW-I week
Legal research and instruction in legal assistance to include interview techniques recognition of non-legal problems preliminary drafting of routine legal documents and other substantive legal matters
PARAPROFESSIONAL COURSE--CRIMINAL LAW-I week
An overview of the entire military justice system disposition of charges interview of witnesses preparation of vouchers subpoenas depositions and similar documents administrative review of Article 15 punishments and other substantive legal matters
WARRANT OFFICER AND SENIOR LEGAL CLERK COURSE (7 A-713A 7lD50)--1 week
Review and discussion of the legal administrative technicians and senior legal clerks roles as office managers of a judge advocate office or activity with particular emphasis on effective management of personnel equipment work flow and fiscal resources
LAW OFFICE MANAGEMENT-l week
A new course for warrant officers and senior legal clerks in March 1974
41
Cl1middot)2 Clorlcs L West jJ(r(leyal Fraililly Officer
BG Lawrence H Willimrls Assistallt jucZle Advocate General for Military Law
Prescnts Diplolla to DistillYllished Gradllate of NCOES COllrse
42
NONCOMMISSIONED OFFICER EDUCATION SYSTEM On 15 June 1973 the School graduated its first NCOES Course The initial input of 12 students MOS 71D and 71 E were tracked with MOS 71 L (Administrative Specialist) students during the first nine weeks of schooling conducted at Fort Benjamin Harrison The final two weeks of advanced MOS training 71 D and 71 E were conducted here at Charlottesville
CPT WorkmanCPT Wagller
lVIA] White CPT Robie
43
1972 JAG Conference BG Persons 13G Montgomery US4R Mr Kendall Barnes GC AMC BG UpjJ USAR BG Babbitt foreground
Receptioll HOllorillg Conference Banqzl(t Speawr Mr jllstice 10111 CZellh MG Prugh Mr justice Clark Mrs Douglass COL Douglass CfYr Griffin
44
CHAITER III
CONFERENCES VISITORS AND SEMINARS
Section 1
JAG Conference
During the week of 1-5 October 1972 the School again hosted the world-wide JAG Conference an annual event which brings together senior judge advocates from all major Army Commands throughout the world as well as representatives from the sister services for the discussion of current problems and developments in military law Speakers and panelists provided updates and briefings on all aspects or criminal civil procurement and international and comparative law
A unique feature of the 1972 Conference was the attendance by personal invitation of The Judge Advocate General US Army of a number of JAGC warrant officers and
Mr JOllil l lJlIstCriU lr I Fred J)llhardt
45
senior legal clerks Headlining the Conference list of speakers was Mr Justice Tom C Clark who was the banquet speaker Other distinguished speakers included Department of Defense General Counsel 1 Fred Buzhardt Attorney General Robert B Morgan of North Carolina Deputy Assistant Secretary of Defense John A Busterud and Harvard Pro fessor Richard Baxter
Social events highlighting the evenings of Conference Week included the annual Conference Banquet the Icebreaker and a new addition this year an informal Hawaiian RampR party
Hawaiian RampR Hlrty
46
Mr Robert B Morgan
Section 2
The Judge Advocate Generals Reserve Conference
The School hosted the fourth annLlal Judge Advocate Generals Reserve Conference from 30 November to 2 December 1972 The conference focused on Special Interest Groups and Conferee Workshops Special Interest Groups included JAGSO Detachment Commanders ARCOM SJAs Training Division SJAs and Troop and Civil Affairs SJAs Workshops were conducted and reports made to the conference on the subjects of Civilian Personnel and Employee Unions Race Relations Environmental Law Search and Seizure and Drug Abuse
Among speakers and guests were Dr Theodore C Marrs Deputy Assistant Secretary for Reserve Affairs Department of Defense MG J Milnar Roberts Chief Army Reserve MG George S Prugh The Judge Advocate General MG Harold E Parker The Assistant
BG Upp BG Montgomery Dr Marrs COL Douglass and RADM Staring at Judge Advocate Generals Reserve Conference
47
LTC Fontullelle and COL Selleider
Jldge Advocate General BG Robert D Upp USAR Assistant Judge Advocate General Special Assignments (MOBDES) BG Edmund W Montgomery II Chief Judicial Officer (MOBDES) and Colonel William B Carne Chief Litigation Division OTJAG
Social events included an Icebreaker cock tail party at the Officers Open Mess and the Conference Banquet at The Holiday Inn Afton Mountain
COL Fulton and COL Garber
48
Section 3
National Guard Judge Advocate Generals Conference
The Second Judge Advocate Generals National Guard Conference was hosted by the School in Marcil As with the first conference emphasis was placed upon military law as it applied to the National Guard Conferees workshops were similar to those held during the Reserve Conference
Among the invited speakers and guests were LTG Harris W Hollis Chief Office of Reserve Components MG George S Prugh The Judge Advocate General MG Francis S Greenlief Chief National Guard Bureau MG Harold E Parker The Assistant Judge Advocate General and Mr Robert B Morgan Attorney General North Carolina
Social events included an Icebreaker cocktail party at the Officers Open Mess and the Conference Banquet at AftJn Mountain HolidJY Inn
AIG Chelley 11ze J[(z(e Advocate Gelleral of the Air Jorce
alld Air Force National Guard Participants at Conference
49
LTG and Mrs Hollis
COL James B Deerin
MG William ] McCaddiil T1w Adjutant General Va ARNG
50
Section 4
Speakers and Visitors
The professional atmosphere of the School is enhanced by an active guest speaker program through which distinguished experts are invited to address the various classes and the entire School community There are two formal lectureships established in conjunction with the two academic chairs at the School This year the Second Kenneth J Hodson Lecture in Criminal Law was given by Professor Yale Kamisar of the University of Michigan School of Law As mentioned previously the First Edward H Young Lecture
on Military Legal Education was given by Professor Delmar Karlen
Many officers governmental officials practicing attorneys and educators visit the
School to observe portions of its programs A list of the guest speakers and distinguished persons visiting in 1973 is contained in Appendix L
Mr Doll Droge Natiollal S(cllritv CollIcit Staff
51
MG Kenneth J Hodson Chief
USA Legal Services Agency
Prof Helmut Rumpf Office of the Legal Advisor
Foreign Office Federal Republic of Germany
Hon Robert M Duncan Judge US Court of Military Appeals
52
Mr Jack Stempler General Counsel us Air Force
Frederick Hernavs Iliiclicr COL -AGC (ltetj
l1JG Lloyd B Ramsey The Provost Marshal General
53
MG George S Prugh The Judge Advocate General of the Army
Prof Yale Kmnisar
JudRe Tim Murphy D C Superior Court
54
Section 5
Race Relations Seminar
From 17-19 January 1973 The Judge Advocate Generals School was host to a race relations seminar The seminar brought together judge advocates from CONUS and overseas commanders provost marshals and others experienced in race relations and military justice The primary purpose of the seminar was to aid judge advocates in advising their commanders and staffs concerning race relations and racial incidents and the handling of such
The two-day agenda included small--group discussions of such matters as the following
(a) Racial problems confronting judge advocates law enforcement and command authorities in the field
(b) Indicators and warnings of racial disharmony which may cause or contribute to offenses
(c) Guidelines for effective solutions to racial problems of the command
Cd) The role of the staff judge advocate in race relations 111 the command
This seminar was but a small part of the race relations program developed by the School during the past year Race relations instruction was an important feature of the
55
elYT Grahanl
elYl Criflill Race Relatiolls Illstructors
Race Relations Seminar
Basic and Advanced Classes Elements of this instruction included the basic causes of racial unrest in the military personal and institutional racism applicable civil legislation and military justice problems The Advanced Class curriculum also included a 12-hour race relations elective which dealt with both specific problem areas and served as a speaking platform for individuals involved in the race relations field In addition race relations instruction and workshops were held during the Annual Judge Advocate Generals Conference Reserve Conference National Guard Conference and many of the other short courses offered throughout thc year Additional instruction and seminars have been planned for the coming academic year in an attempt to meet the challenge of this extremely important and sensitive area
56
CHAPTER IV
DEVELOPMENT DOCTRINE AND LITERATURE
Created 1 March 1973 the Development Doctrine and Literature Department (DDL) is responsible for combat developments doctrinal and legal literature military operations and management and professional liaison and development In its role as combat developer for the Corps DDL must ensure that JACC will have the necessary resources to perform its mission in the Army in the future DDL has taken steps to end the court reporting equipment problem that exists today DDL members formerly with CDCJ AA which had initiated the justification for new court reporting equipment guided the project to AMC Procurement of the needed equipment is projected for the near future
In addition to ensUling proper materiel allocation DDL also ensures effective personnel allocation in planning for the Army of the future In the course of investigating personnel developments DDL prepared a recorm1ended Table of Organization and Equipment (TOE) for a separate defender program and prepared a staff study recommending the use of paralegal assistants LTC John L Costello Jr
Director Development Doctrineby military lawyers and Literature Department
Most recent of its developmental accomplishments is the experimentation in the area of Automated Legal Research Provided by the US Army Judiciary with volumes of courts-martial statistics DDL programmed the statistics into an automated data bank Such an automated system enabled DDL to rapidly and accurately make recommendations for more effective allocation of personnel while studying the feasibility of a separate defender program
DDL is charged with review of doctrinal literature for legal sufficiency and has provided input to force concepts and designs in the Armys combat development process Also of a doctrinal nature is the responsibility for instruction in military operations and
57
management The Military Operations and Management Division of DDL is responsible for all instruction in military arts and sciences the defense structure command and staff procedures and Army management
In keeping with its mission of professional development DDL provides an office for liaison with professional associations both legal and military In establishing liaison with professional associations such as ABA FBA AUSA etc that office has also monitored Law Day USA observances throughout the Army and coordinated after-action reports Enthusiasm for Law Day 1973 observances was enhanced by JAGCs receipt of a ABA Award of Merit for its 1972 observance
DDL is also responsible for publication of the Military Law Review The Army
Lawyer and the Judge Advocate Legal Service discussed in Chapter V
CPT John D Home Professional Liaison Office
58
MAJ James R Wessel Chief Military Operations
Management and Plans Division
-- - CPT Daniel Worlltin1
011 Computerized Study
CHAPTER V
PUBLICA TIONS
The Military Law Review a law quarterly identical in format to the leading civilian legal journals is distributed to all judge advocates in the Active Army and the Ready Reserve In addition the Superintendent of Documents Government Printing Office sells copies and subscriptions to all interested civilian agencies and individuals
The Law Review contains lead articles comments and notes of interest to military law practitioners Theses written by students of the Judge Advocate Advanced Course are a primary source of articles Comments notes and articles from judge advocates in all three armed services foreign military and civilian lawyers members of the staff and faculty law school professors reserve judge advocates and civilian attorneys are also published During Fiscal Year 1973 Volumes 57-60 were printed Instituted during this fiscal year was a series of comnents on historic courts-martial to be continued in future volumes of the Law Review
The Catalog of Advanced Class Theses was revised by the Publications Division and distributed during FY 72 A supplement to the Catalog was compiled and distributed during FY 73
The Judge Advocate Legal Service (JALS) is responsible for rapid dissemination of the latest military law and items of interest to judge advocates around the world J ALS is printed bi-weekly in Charlottesville Virginia and distributed in over 7600 copies to all three armed services J ALS digests all cases decided by the United States Court of Military Appeals most published Court of Military Review decisions Federal Court decisions affecting the armed services and actions by The Judge Advocate General under Article 69 Uniform Code of Military Justice
59
The Army Lawyer a how-to-do-it type journal provides practical and timely
information to judge advocates in the field This monthly periodical incorporates claims personneL and legal assistance information previously found in other publications
The Manual for Courts-iVlartial Annotation Third Edition (1973) a significant research tool on military law was prepared in an updated version during Fiscal Year
1973 as DA Pamphlet 27-13 The Annotation contains case citations a citation of appropriate regulations and a cross-index to the Military Judges Guide To facilitate
research the Annotation is designed to be interleafed on a chapter-by-chapter basis with the Manual
In addition the following texts were submitted during FY 73 to the Office of The
Judge Advocate General for pUblication as Department of the Army pamphlets
Administrative Law Handbook Eyjdence Jurisdiction Legal Guide for the Soldier Trial Proced ure
Printed as special texts to support
resident instruction in some cases pending availability as DA Pamphlets were the following
Civil Law Basic Oass Deskbook Criminal Law Basic Class Deskbook Effective Research Aids (Civil Law) Evidence Law of AWOL Military Administrative Law Senior Officer Legal Orientation Texts Trial Procedure
During the course of FY 73 many articles authored by members of the staff and facul ty and were pu blished A list of those articles is contained in Appendix M
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CPT Stephell L Buescher Clz ief Doctrine and Literature Division
CPT ] Alullill Editor Military Law Review
CHAPTER VI
RESERVE AFFAIRS
General The reorganization of the Army with the shifting emphasis on the Reserve program resulted in the establishment of the Office of the Assistant Commandant for Reserve Affairs arid Special Projects The overall mission of this office is to develop and implement a program to improve the readiness capability of the Army Reserve Component Judge Advocate Generals Corps personnel This mission has been broken down more specifically to provide for the career management of all JAGC reserve officers which includes providing liaison with the United States Army Reserve Component Personnel and Administration Center to develop and administer a program of technical training and to maintain liaison with the individual Reserve or National Guard components the Army Readiness Region Commanders and the CONUS Armies To accomplish these functions the Office has been subdivided into the Career Management Division and the Reserve Training Division
Career Management Division As a result of greater emphasis being placed on the Reserve program added consideration has LTC Keith A Wagner been given to the career management of all Assistant Commandant reserve component JAGC officers More for Reserve liffairs resources have been allocated toward advising individual reserve JAGC officers upon matters affecting their careers such as appointments transfer federal recognition of National Guard component officers and educational qualification for promotions This advice has become more important to the JAGC reserve officers because the competition for appointment assignment and promotion has become keener in the recent year
Career counseling is carried out primarily through correspondence but during the past two years with the JAGSO team training being conducted at TJAGSA personal interviews have been conducted by members of the divisions Such interviews are more desirable because in the course of this counseling the Reservists are alerted to important aspects of their career pattern Personal interviews are also conducted when officers of
61
LTC James N McCune Chief JACC Reserve Cornponents
Career hlanagement
the department make staff liaison visits to JAGSO detachments throughout the year Reserve units visited during FY 73 are listed in Appendix N
In the next academic year the channels of communication will be vastly improved by the on-site training to be given by the faculty from the School As part of these training visits the faculty member will bring back any inquiries from individuals regarding career problems to the Office of Reserve Affairs
As a further service to reserve component officers a Judge Advocate Reserve Components Directory is published annually This directory contains the names addresses type of assignment and the nature of civilian employment for more than 1800 Reserve component JAG officers
Reserve Component Training Divisioll The reorganization of the Army has resulted 111 the development of the Reserve Component Technical Training otherwise referred to as on-site training The program includes a six-hour block of instruction by faculty members from each of the four academic divisions of TJAGSA During the first academic year two hundred and twenty-five visits will be made under the program The purpose of the visits will be to bring all reserve component JAGC officers up to date on the most recent changes in military law and to inform the officers of the organizational changes in the JAG Corps
In addition the overall training program includes nonresident training on-the-job training of J AGSO Detachments at active Army installations throughout the country the Reserve Components General Staff Course and the cyclical resident training for specific J AGSO teams The on-the~job training is proving very successful During the past training year more than fifty percent of all J AGSO Detachments were participating in hands on training at active Army installations In addition all J AGSO teams except the 33 General Court-Martial tcams were assigned a training site appropriate for their mission for ADT 1973 ie Procurement teams to procurement centers Claims teams to Army Oaims Service etc
With regard to resident training during the summer of 1973 a trall1Jl1g program for General Court-Martial teams totaling over 210 men was conducted at TJ AGSA This training was supported by the 1050th USAR School West Hartford Connecticut and
62
included an update on court-martial procedures substantive law and a series of moot courts Greater emphasis was placed on training the court reporters and to that end new more sophisticated equipment was provided
Forecast for the coming academic year is the Reserve Component Technical Training (on site) and the Reserve Senior Officers Legal Orientation Course The SOLO course is designed for officers who are not members of the JAG Corps but who by virtue of their duties as commanders require a knowledge of military law In addition the US Army Reserve Judge Advocate Conference is scheduled for November 1973 and the National Guard Judge Advocate Conference is scheduled for March 1974 The purpose of these two conferences is to bring the senior
CPT Eldon D Robertsreserve component Judge Advocates to Chief Training OfficeTJAGSA to discuss common problems and
bring them up to date on the latest developments in military law and new innovations in the reserve program
Chief Judge Darden of the U S Court of Military Appeals and JAGSO Detachment Members at COMA Admission Ceremony
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CHAPTER VII
PROFESSIONAL ORGANIZA TrONS AND DEVELOPMENT
American Bar AssociLztion Pursuant to TJ AGSA policy the School maintained active participation in the American Bar Association during FY 1973 Five representatives from TJAGSA attended the ABA Annual Meeting in San Francisco during August of 1972 one of whom along with MG Prugh represented the Corps in receiving an ABA Award of Merit for outstanding observance of Law Day 1972 In additon four members of TJAGSA traveled to Cleveland in February of 1973 for the ABA Mid-Year Meeting
As an indication of the active participation by the personnel of the School many held positions of responsibility in the organization The Commandant served in an advisory capacity to the Standing Committee on Legal Assistance to Servicemen one member represented the Armed Forces (District 15) on the Young Lawyers Section (YLS) Executive Council as well as serving as Co-Chairman of the YLS Military Service Lawyer Committee one member served as Co-Chairman of the YLS Coordinating Committee and one member served as Vice-Chairman of the YLS Corporation Law Committee
President-Elect Chesterfield Smith of the American Bar Association presents Law Day Award to MG Prugh and CJYT Robie
65
Federal Bar Association The Federal Bar Association (FBA) which is composed of lawyers who are or have been in the employ of the United States Government in a legal capacity is represented here by the Charlottesville Chapter Not only did TJAGSA provide the chapters business office but also personnel of the School served in positions of both President and Vice-President during FY 73 In April of 1973 the Charlottesville Chapter of FBA hosted the TJAGSA Board of Visitors at a coffee
National Association for Law placernent An organization composed of law school placement offices as well as employers the National Association for Law Placement (NALP) seeks to increase communication between buyers and sellers in the legal job market Founded two years ago NALPs membership consists of some 95 law schools of which TJAGSA is one and 30 employers During FY 73 the School was represented at all meetings and conventions by the Post Judge Advocate who also served the organization as its Secretary
Associatioil of American Law Schools The AALS was chartered in 1900 and has a present membership of 115 schools throughout the United States The Judge Advocate Generals School does not meet the requirements for membership but is associated with the organization For a number of years the Commandant and Director of Academics as representatives of TJAGSA have attended the annual meetings held each year between Christmas and New Years
The faculty of The Judge Advocate Generals School is included in the directory of law teachers prepared by the AALS Faculty members are on the sections of the Association and work actively in the section on teaching methods and the section on studies beyond the first degree in law
Of particular interest to TJAGSA are the studies done by the AALS on Administrative Law Constitutional Law Criminal Law Professional Responsibility Trial Advocacy Continuing Legal Education Paraprofessional Legal Education Teaching Law outside of Law Schools and Teaching Methods
Associatioll of the Ul1ited States Army The Thomas Jefferson Chapter AUSA continued its active role in the Charlottesville community The 1973 Dogwood Festival Week was the occasion of several AUSA activities Two recently released POWs were honored at a cocktail party in the TJAGSA OOM at the conclusion of the annual Dogwood Parade On the following day AUSA hosted a record number of guests at its traditional Dogwood Luncheon The gathering was addressed by Congressman J Kenneth Robinson CR-Va) and honored guests included Miss Dogwood Festival Miss Virginia Miss New York and the US Army Golden Knights Parachute Team The Golden Knights accepted a memorial presentation from the Thomas Jefferson Chapter in remembrance of those
66
Air Force POlY MAl Normall Wells receives award fronl A USA Chapter President Walter L Srnith (l) and Virginia Congressnail Robinson (I)
members who had met their deaths earlier in the year as a result of a plane crash and performed a skydiving demonstration that evening at a local park Business offices for the Thomas Jefferson Chapter AUSA were maintained this year by TJAGSA
Professional Liaison and Development As a result of the Schools reorganization in March of 1973 an Office for Professional Liaison and Development was established in the newly formed Department of Development Doctrine and Literature This office has been charged with maintaining liaison with professional associations as well as monitoring Law Day Activities for J AGe
lACC Recruiting During the year several members of the staff and faculty visited various law schools throughout the
AUSA President Smith (r) presents Monticello picture to (l to r) Congressman Robinson ilIiss Dogwood 1972 and Commander of the Colden Knights
67
country in an effort to recruit senior law students for the JAG Corps In addition the School receives numerous inquiries concerning admission into the Corps Packets containing information on admission requirements are provided upon request TJAGSA personnel are called upon to counsel and advise individuals from the Charlottesville area and the University of Virginia who are seeking admission to the Corps
Alumni Association The Alumni Association continued to grow during the fiscal year with approximately 2500 members on 30 June 1973 an increase of approximately 500 new members during the year The Association provides academic awards for Basic and Advanced Gasses maintains contact with the allied officers who have attended the School and gives a plaque and a cash award to the winner of the Annual Professional Writing Award During Fiscal Year 1973 three issues of the Alumni Newsletter were published which included news of events and conferences at the School a calendar of courses offered at the School and personal information on members of the Association The activities of the Association were financed by annual dues of one dollar for each member and contributions from interested members The Annual Report is distributed by the Alumni Association to all of its members each year
Coordination and financing of Association activities as well as editing and writing of the Alumni Newsletter and the Annual Report are responsibilities of the Assistant School Secretary
Lectures Reflecting the Schools role in educating officers of the other branches of the Army and the other services members of the faculty traveled widely giving lectures to diverse groups upon various aspects of military law A good example of how the knowledge of the faculty may be applied to the training of non-legal personnel was the course of instruction in procurement methods given to criminal investigators specializing in appropriated and nonappropriated procurement frauds
During the course of the year the School continued to build a close professional relationship with the Army War College Frequent visits there by the faculty of TJAGSA resulted in the incorporation of a considerable amount of current legal material into that course
A list of lectures given outside TJAGSA by facuIty members is contained in Appendix O
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New Building l-Indcr ConstructiOIl
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CHAPTER VIII
BUILDINGS AND SUPPORT ACTIVITIES
Section I
Buildings
Construction of the new Judge Advocate Generals School building began on 15 January 1973 and was scheduled for completion within 24 months The new building will be located in the same area as the new Law School and the Graduate School of Business Administration of the University of Virginia The basement level of the new building provides space fpr the administrative and logistics offices storage and library The library is designed with 32 individual study carrels and will accommodate 50000 volumes The ground level (or first floor) houses the academic department (approximately 60 offices) three classrooms to accommodate 50 100 and 200 students respectively four conference rooms which will accommodate 20 persons each eight smaller conference rooms for 12 persons each completely equipped moot courtrooms an auditorium with 125 seat capacity audio-visual room and student lounge On the second level are the offices of the commandant and other directorates of the School in addition to a two-bedroom VIP suite The third and fourth levels each have 32 individual BOQs with bath Also there are four two-room suites with bath and four two-room suites with bath and kitchen facilities on each floor The fifth floor is the officers open mess and dining facility which has a seating capacity of 120 people In addition the club will have patios on two of its sides
Due to a spring snow storm a sym bolic groundbreaking ceremony for the new building was held indoors on 12 April at the Groundbreaking Universitys George Baskerville Zehmer Hall COL Douglass MG Prugh
President Sharman
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After opening remarks by the Commandant Colonel John Jay Douglass Major General George S Prugh The Judge Advocate General of the Army joined with University of Virginia President Edgar F Shannon and Colonel Douglass in turning a symbolic shovel of earth which formally commenced the construction project
Among those attending the ceremonies were Army Colonel (Ret) Kenneth C Crawford Commandant of the School during the years when the plans for the new building were formulated and Professor John
President Shannon Speaks at Ritchie III a mem ber of the Schools Groundbreaking Ceremony original Board of Visitors Colonel Crawford
is now Director of Education and Training for the Federal Judicial Center Professor Ritchie formerly Dean of Washington (St Louis) Wisconsin and Northwestern Law Schools is presently on the faculty at the University of Virginias Law School Also in attendance were members of the current Board of Visitors
Attendees representing the various Armed Services included Major General Kenneth 1 Hodson former The Judge Advocate General of the Army now Chief US Army Legal Services Agency Rear Admiral Ricardo Allen Ratti Chief Counsel United States Coast Guard Colonel Charles J Keever Acting Director of the Judge Advocate Division United States Marine Corps and Colonel (Ret) Ralph D Pinto former TJAGSA Deputy Commandant
Others in attendance included William P Dickson J f a Norfolk attorney and formermiddot member of the Board of Governors of the American Bar Association representing Robert W Meserve President of the ABA C Norman Poirier immediate Past President of the Federal Bar Association Francis H Fife Mayor of the City of Charlottesville Gordon L Wheeler Albemarle County Board Chairman and Walter L Smith President of the Thomas Jefferson Chapter of the Association of the United States Army
The present Judge Advocate Generals School building a red brick building of Georgian architecture was dedicated on 26 September 1956 It contains offices and 19 furnished BOQ rooms In addition the building houses the School Library a conference room supply room and bookstore An Officers Open Mess and snack bar with outdoor patio is located on the fourth floor of the building Classrooms for the School are located in the University of Virginia Law School
72
Section 2
Support Activities
a Library alld Military Legal Center
The School generally furnishes each student with the basic textbooks and other classroom materials which he will need during a course However when additional references and research facilities are req uired students are encouraged to utilize the School Library the Law Library of the University of Virginia and Alderman Library the general library of the University
The Judge Advocate Generals School Library contains approximately 20000 volumes and is oriented toward military law There is a complete set of all Army regulations most federal legal materials and
a complete military justice library During LTC Edward C Seufert FY 1973 many historic military legal items School Secretary
and current books on military law were added to the Schools Military Legal Center one of the most extensive collections on military law past and present in existence Also during the year the Library staff completed a major portion of the complete cataloging of the Schools collection in order to provide a ready reference system for researchers
The Law Library Il1 Clark Hall contains over 200000 volumes and it is readily accessible to our students It has an extensive collection of published reports of the American federal and state courts the reports of the courts of the United Kingdom
lvlrs R Vivian Hebert treaties digests encyclopedias indices andLibrarian citator services It also contains the statutes
73
Leased Housing Units
BOQ Room
74
of the United States of the several states and of Great Britain The Library receives every current legal periodical of general interest printed in the English language
Alderman Library has about 2000000 volumes and a particularly fine collection of official Government publications It has been designated by the United States Government as a depository for public documents
h Billeting and Mess Facilities Bachelor officers quarters are available in The Judge Advocate Generals School BUilding Assignments of rooms may be obtained through the Billeting Officer Linens towels and maid service are provided All rooms are carpeted and air-conditioned and many have refrigerators and television sets
The School has a number of family housing units under government lease to be utilized as government quarters in lieu of BAQ Priority for the utilization of these units is first given to enlisted personnel and then to officers attending the Advanced Class The School Secretary and the University Housing Division maintain lists of available apartments and houses in the Charlottesville area
The top floor of The Judge Advocate Generals School building is used by the Officers Open Mess The Winthrop Room is furnished with large comfortable chairs and sofas a color television set piano and other accessories
Officers Open Mess
75
A snack bar located on the fourth floor and operated by the Officers Open Mess personnel now serves breakfast and lunch to its members During the evening hours refreshments and snacks are available
During the year the Mess sponsors a full program of activities and social events for the benefit of its members including dances buffets picnics class receptions social hours and other activities
c Boolzstore The Bookstore now located on the first floor of The Judge Advocate Generals School is easily accessible to all patrons Various personal items uniform accessories stationery supplies cigarettes and tobacco souvenir items and books are available
d Commissary Facilities During part of FY 73 the School was able to arrange for a truck to bring commissary products from Richmond to Charlottesville Although this service has been discontinued procedures are SSG John Huffman
being taken to have the operation reinstated Bookstore Manager
Commissary Operations in Charlottesville
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e Logistics The Logistics Office provides assistance and advice in arranging for shipment andor storage of household goods for military personnel assigned to the School and members of the Advanced and Basic Classes In addition the Division provides budget and contracting services for all money expended by the School
f Personnel and Finance The Adjutants Office is responsible for the processing of all incoming and outgoing personnel the maintenance of individual records and the operation of the School mail room The office also acts as liaison with the Civilian Personnel Division at the US Army Foreign Science and Technology Center in Charlottesville which is responsible for the Schools civilian employees
Although the School has no finance CPT William K Thompson officer the Adjutants Office is available to Chief Logistics provide necessary assistance and advice in matters relating to pay and allowances Close contact is maintained with the servlcmg Finance and Accounts Offices in Washington and at Fort Lee
g Health Care Facilities The Judge Advocate Generals School lS sateIlitccl on Kenner Army Hospital at Fort Lee Virginia for medical and dental care Locally a contract surgeon provides outpatient services for military personnel Because of the distance from a US Army hospital dependents of personnel stationed at The Judge Advocate Generals School are entitled to the benefits provided under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS)
Dental care and eye examinations for military personnel assigned to the School are available from any local dentist and eye doctor on an individual contract basis CIYT Richard J Lynch however there are no provisions for such care Adjutant
for dependents
77
h Athletic Facilities Assigned and attached military personnel and all students are permitted to use all athletic facilities of the University of Virginia Both the School and the Intramural Department of the University have a limited amount of athletic eq uipment for the use of students and the staff and faculty
i Public Information Office During Fiscal Year 1973 the Plans Division succeeded by the Services Division conducted a comprehensive public information program with increased emphasis on obtaining the broadest possible coverage of all events occurring at The Judge Advocate Generals School
J Post J~idge Advocate During Fiscal Year 1973 following the reorganization of the School the Post Judge Advocate provided legal assistance to armed forces personnel and dependents in the Charlottesville area Liaison has been established with the local Red Cross and Legal Aid Society to assist the department in their respective fields of expertise The caseload averages over 50 clients per month and consists of the type of problems customarily encountered in legal assistance offices in the field
The Post Judge Advocate is also responsible for processing claims anS1J1g from incidents in the Charlottesville area and transit damage for all local military personnel The School has authority to settle and pay claims up to $1000 Fifty-five claims were processed in Fiscal Year 1973
CPT Robie and Miss Brown
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APPENDIX A
ORGANIZATIONAL ROSTER THE JUDGE ADVOCATE GENERALS SCHOOL
(As of 30 June 1973)
COMMANDANT COL John Jay Douglass
OFFICE OF THE SCHOOL SECRETARY
School Secretary LTC Edward C Seufert Post Judge Advocate and CPT William R Robie
Asst School Secretary Adjutant CPT Richard Lynch Chief Logistics CPT William K Thompson Budget Officer Mr Joseph S White Supply Sergeant SFC Eddie H Green Chief Services Division CPT Arthur R Shepherd Protocol Officer 2LT Richard D Lyles Manager Officers Open Mess SSG Joe Mauldin Librarian Mrs R Vivian Hebert
ACADEMIC DEPARTMENT
Director COL William S Fulton Jr Operations Officer MAJ John W Begiebing Project Officer CPT William S Hopson IV Assistant to Director CPT Thomas E Workman Paralegal Training Officer CW2 Charles L West Educational Advisor Mr John A Sanderson Deputy Director for MAJ James A Endicott Jr
Nonresident Instruction Extension Course Officer CPT Joseph W Hely Jr
Procurement Law Division
Chief MAJ Richard E Mowry Senior Instructor MAJ Terrence E Devlin Instructors CPT Richard C Bruning
CPT Thomas R Wagner
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International amp Comparative Law Division
Chief MAJ James R Coker Senior Instructor MAJ James J McGowan Jr Instructors MAJ Charles A White
CPT David E Graham
Criminal Law Division
Chief LTC Hugh R Overholt Senior Instructor MAJ Paul H Ray Instructors MAJ Nancy A Hunter
MAJ Philip M Suarez MAJ Francis A Gilligan CPT William H Parks USMC CPT Jan Horbaly CPT Edward J Imwinkelried
Civil Law Division
Chief LTC David A Fontanella Senior Instructor MAJ Paul J Rice Instructors MAT Jack F Lane Jr
CPT George W Clarke CPT Bernard R Adams CPT Ronald C Griffin CPT Donald N Zillman
RESERVE AFFAIRS AND SPECIAL PROJECTS
Assistant Commandant for LTC Keith A Wagner Reserve Affairs
JAGC Reserve Components LTC James N McCune Career Management
Training Office
Chief CPT Eldon D Roberts
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DEVELOPMENT DOCTRINE amp LITERATURE DEPARTMENT
Director Development Officer Professional Liaison Officer
Military Operations Management amp Plans
Chief InstructorProject Officer
Doctrine amp Literature
Chief Editor Military Law Review
LTC John L Costello Jr CPT Royal Daniel III CPT John D Horne
MAJ James R Wessel MAJ William J Dwyer
CPT Stephen L Buescher CPT Miles J Mullin
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APPENDIX B
BACKGROUND INFORMATION ON OFFICER PERSONNEL
1 Active Duty Personnel (As of 30 June 1973)
COLONEL JOHN JAY DOUGLASS JAGC Commandant AB 1943 University of Nebraska JD 1952 University of Michigan MA 1964 George Washington University LLM 1973 University of Virginia Member of the Bars of Nebraska Michigan Republic of Korea and the US Court of Military Appeals
COLONEL WILLIAM S FULTON JR JAGC Director Academic Department JD 1950 University of New Mexico Member of the Bars of New Mexico US Court of Oaims US Court of Military Appeals and the US Supreme Court
LIEUTENANT COLONEL JOHN L COSTELLO JR JAGC Director Development Doctrine and Literature Department AB 1952 Dickinson College JD 1955 Qickinson School of Law MS 1964 Fletcher School of Law and Diplomacy Member of the Bars of Pennsylvania Republic of Korea and US Court of Military Appeals
LIEUTENANT COLONEL DAVID A FONTANELLA JAGC Chief Civil Law Division BS 1957 University of Connecticut JD 1964 UniversityofMichiganMEd 1973 University of Virginia Member of the Bars of Connecticut the US Court of Military Appeals and the US Supreme Court
LIEUTENANT COLONEL JAMES N McCUNE JAGC Chief Reserve Training BBA 1953 University of Toledo JD 1959 Georgetown University Law School LLM 1963 Georgetown University Law School Member of the Bars of Virginia the US Court of Oaims the US Court of Military Appeals and the US Supreme Court
LIEUTENANT COLONEL HUGH R OVERHOLT JAGC Chief Criminal Law Division BA 1955 JD 1957 University of Arkansas Member of the Bars of Arkansas US Court of Military Appeals and the US Supreme Court
LIEUTENANT COLONEL EDWARD C SEUFERT FA School Secretary BS 1955 University of Maine
LIEUTENANT COLONEL KEITH A WAGNER JAGC Assistant Commandant for Reserve Affairs BA 1954 JD 1964 Duquesne University Member of the Bars of Pennsylvania the District of Columbia US Court of Military Appeals and the US Supreme Court
83
MAJOR JOHN W BEGIEBING Armor Deputy Director Academic Department BS 1957 Norwich University MA 1968 Stanford University
MAJOR JAMES R COKER JAGC Chief International and Comparative Law Division BA 1960 University of Notre Dame LLB 1961 University of Notre Dame MA 1970 Fletcher School of Law and Diplomacy Member of the Bars of Indiana the US Court of Military Appeals and the Federal District Court of Maryland
MAJOR TERRENCE E DEVLIN JAGC Senior Instructor Procurement Law Division BPh 1962 University of North Dakota JD 1965 University of North Dakota School of Law Member of the Bars of North Dakota US Court of Military Appeals US Court of Garms and the US Supreme Court
MAJOR WILLIAM 1 DWYER JR Armor InstructorProject Officer Military Operations Management and Plans BS 1960 The Citadel
MAJOR JAMES A ENDICOTT JR JAGC Deputy Director for Nonresident Instruction Academic Department BS 1960 The Citadel JD 1968 George Washington University Member of the Bars of Virginia the US Court of Military Appeals and the US Supreme Court
MAJOR FRANCIS A GILLIGAN JAGC Instructor Criminal Law Division BA 1961 Alfred University 1D 1964 State University of New York at Buffalo LLM 1970 The George Washington University Member of the Bars of New York the US Court of Military Appeals and the US Supreme Court and admitted to practice before the Court of Appeals State of New York
MAJOR NANCY A HUNTER JAGC Instructor Criminal Law Division AB 1959 University of Colorado JD 1967 Georgetown Law Center Member of the Bars of Virginia the US Court of Military Appeals and the US Supreme Court
MAJOR JACK F LANE JR JAGC Instructor Civil Law Division BA 1963 University of the South LLB 1966 University of Virginia Law School Member of the Bars of Virginia the US Court of Military Appeals and the US Supreme Court
MAJOR JAMES J McGOWAN JAGC Assistant Chief International and Comparative Law Division BS 1959 Spring Hill College LLB 1962 New York Law School LLM 1970 Georgetown University Law School Member of the Bars of New York the US Court of Military Appeals and the US Supreme Court
MAJOR RICHARD E MOWRY JAGC Chief Procurement Law Division AB 1957 College of Emporia LLB 1960 Washburn University Member of the Bars of
84
Kansas the US Court of Claims the US Court of Military Appeals and the US Supreme Court
MAJOR PAUL H RAY JAGC Senior Instructor Criminal Law Division BS 1955 Connecticut State College LLB 1963 Duke University Law School Member of the Bars of North Carolina the US Court of Military Appeals and the US Supreme Court
MAJOR PAUL J RICE JAGC Senior Instructor Civil Law Division AB 1960 JD 1962 University of Missouri LLM 1970 Northwestern University Member of the Bars of Missouri Illinois the US District Court for the Northern District of lllinois USCourt of Military Appeals and the US Supreme Court
MAJOR PHILIP M SUAREZ JAGC Instructor Criminal Law Division AB 1960 Boston College LLB 1963 Harvard Law School LLM 1970 University of Michigan Member of the Bar of Massachusetts
MAJOR JAMES R WESSEL Armor Chief Military Operations Management and Plans BS 1958 United States Military Academy
CAPTAIN BERNARD R ADAMS JAGC Instructor Civil Law Division AB 1966 Brown University LLB 1969 Yale Law School Member of the Bars of New York and the US Court of Military Appeals
CAPTAIN RICHARD C BRUNING JAGC Instructor Procurement Law Division BBA 1965 University of Iowa JD 1968 University of Iowa Member of the Bars of Iowa the US Court of Military Appeals the US Court of Claims and the US Supreme Court
CAPTAIN STEPHEN L BUESCHER JAGC Senior Legal Editor BA 1966middot Allegheny College JD 1969 Case Western Reserve University Member of the Bars of Ohio and the US Court of Military Appeals
CAPTAIN ROYAL DANIEL III JAGC Combat Development Officer BA 1967 Yale University LLB 1970 LLM 1972 University of Virginia Member of the Bars of Virginia and the US Court of Miiitary Appeals
CAPTAIN DAVID E GRAHAM JAGC Instructor International and Comparative Law Division BA 1966 Texas AampM University MA 1968 The George Washington University JD 1971 University of Texas School of Law Member of the Bars of Texas and the US Court of Military Appeals
85
CAPTAIN RONALD C GRIFFIN JAGC Instructor Civil Law Division BS 1965 Hampton Institute JD 1968 Howard University Law School Member of the Bars of the District of Columbia and the US Court of Military Appeals
CAPTAIN JOSEPH W HELY JR JAGC Extension Course Officer BA 1969 Texas AampM JD 1972 St Louis University Member of the Bars of Missouri and the US Court of Military Appeals
CAPTAIN WILLIAM S HOPSON IV JAGC Project Officer Academic Department BA 1966 LLB 1969 the University of Virginia Member of the Bars of the State of Virginia and the US Court of Military Appeals
CAPTAIN JAN HORBALY JAGC Instructor Criminal Law Division BA 1968 1D 1969 Case Western Reserve Member of the Bars of Ohio and the US Court of Military Appeals
CAPTAIN JOHN D HORNE JAGC Professional Liaison Officer BS 196810 1971 University of Tennessee Member of the Bars of Tennessee and the US Court of Military Appeals
CAPTAIN EDWARD J IMWINKELRIED JAGC Instructor Criminal Law Division BA 196710 1969 University of San Francisco Member of the Bars of California and the US Court of Military Appeals
CAPTAIN RICHARD 1 LYNCH AGC Adjutant BS 1967 The Citadel MBA 1972 Florida State University
CAPTAIN MILES 1 MULLIN JAGC Editor Military Law Review Doctrine and Literature Division BA 1967 Texas Christian University JD 1970 St Marys Member of the Bars of Texas and the US Court of Military Appeals
CAPTAIN WILLIAM H PARKS USMC Instructor Criminal Law Division BA 1963 JD 1966 Baylor University Member of the Bars of Texas Washington and the US Supreme Court
CAPTAIN ELDON ROBERTS JAGC Career Management Officer Reserve Affairs BA 1960 JD 1961 University of North Dakota Member of the Bars of North Dakota and the US Court of Military Appeals
CAPTAIN WILLIAM R ROBIE J AGC Assistant School Secretary and Post Judge Advocate BA 1966 1D 1969 Northwestern University Member of the Bars of Illinois the US Court of Military Appeals and the US District Court for the Northern District of Illinois
86
CAPTAIN ARTHUR R SHEPHERD AGC Services Division Coordinator BS 1966 United States Military Academy
CAPTAIN WILLIAM K THOMPSON QMC Chief Logistics BA 1965 Marquette University JD 1968 University of Wisconsin Law School Member of the Bar of Wisconsin
CAPTAIN THOMAS R WAGNER JAGC Instructor Procurement Law Division BS 1967 Bucknell University JD 1970 Temple University Member of the Bars of Pennsylvania and the US Court of Military Appeals
CAPTAIN THOMAS E WORKMAN JAGC Assistant to Director Academic Department BS 1966 Ohio State University JD 1969 Ohio State University College of Law Member of the Bars of Ohio and the US Court of Military Appeals
CAPTAIN DONALD N ZILLMAN Instructor Civil Law Division BS 1966 JD 1969 University of Wisconsin LLM 1973 the University of Virginia Member of the Bars of California Wisconsin and the US Court of Military Appeals
CW2 CHARLES L WEST Paralegal Training Officer Academic Department
87
2 Mobilization Designees
COLONEL DEMETRI M SPIRO JAGC USAR Deputy Commandant AB University of Chicago 1941 JD DePaul University 1948 Private practice of law Chicago Illinois
COLONEL BENJAMIN H SCHLEIDER JAGC USAR Assistant Director Academic Department BS Agricultural and Mechanical College of Texas 1943 JD University of Houston 1950 Private practice of law Houston Texas
LIEUTENANT COLONEL MORRIS B PETERSON JAGC USAR Assistant Chief Civil Law Division BS University of Oklahoma 1949 LLB University of Oklahoma 1952 LLM New York University 1959 Dean of School of Law University of Tulsa School of Law
LIEUTENANT COLONEL DANIEL J MEADOR JAGC USAR Instructor Civil Law Division AB Auburn University 1949 LLB University of Alabama 1951 LLM Harvard University 1954 Professor University of Virginia School of Law
MAJOR JAMES L BLAWIE JAGC USAR Instructor Civil Law Division BA University of Connecticut 1950 AM Boston University 1951 JD University of Chicago Law School 1955 PhD Boston University 195-9 Professor of Law University of Santa Oara School of Law
MAJOR GEORGE KALINSKI JAGC USAR Instructor Civil Law Division AB Wayne State University 1957 JD Wayne State University 1959 LLM Harvard University 1964 Private practice of law Marina Del Rey California
MAJOR FRANCIS J LARKIN JAGC USAR Instructor Civil Law Division BS Holy Cross College 1954 LLB Georgetown University Law Center 1957 LLM Georgetown University Law Center 1958 Professor Boston College Law School
CAPTAIN WALTER T COX JAGC USAR Instructor Civil Law Division BS Oemson University 1964 JD University of South Carolina 1967 Private practice of law Anderson South Carolina
CAPTAIN ROBERT P DAVIDOW JAGC USAR Instructor Civil Law Division AB Dartmouth College 1959 JD University of Michigan 1962 LLM Harvard University 1969 Professor Texas Tech University School of Law
LIEUTENANT COLONEL AARON S CONDON JAGC USAR Assistant Chief Criminal Law Division BA University of Alabama 1950 LLB University of Mississippi 1952 Associate Professor of Law University of Mississippi
LIEUTENANT COLONEL FRANK W ELLIOTT JAGC USAR Instructor Criminal
88
Law Division BA University of Texas 1951 LLB University of Texas 1957 Professor University of Texas at Austin
LIEUTENANT COLONEL EDWARD L MAGILL JAGC USAR Instructor Criminal Law Division BBA University of Miami 1952 JD University of Miami 1957 Private practice of law Miami Florida
LIEUTENANT COLONEL BENJAMIN M WALL JAGC USAR Instructor Criminal Law Division AA and AB Nebraska and Duke Universities 1951 LLB Harvard Law School 1953 Private practice of law Omaha Nebraska
MAJOR CHAPIN D CLARK JAGC USAR Instructor Criminal Law Division AB Kansas University 1952 LLB Kansas University 1954 LLM Columbia University 1959 Professor of Law University of Oregon
MAJOR THEODORE F FAY JR JAGC USAR Instructor Criminal Law Division BA State University of Iowa 1959 JD State University of Iowa 1962 Private practice of law Hugoton Kansas
CAPTAIN THOMAS C MARKS JR JAGC USAR Instructor Criminal Law Division BS Florida State University 1960 LLB Stetson University 1963 PhD University of Florida 1971 Professor Stetson Law School St Petersburg Florida
LIEUTENANT COLONEL PAUL D SUMMERS JR JAGC USAR Instructor International and Comparative Law Division BS U S Military Academy 1951 LLB University of Virginia School of Law 1957 Trust Officer Citizens Bank amp Trust Company Charlottesville Virginia
MAJOR PASCO M BOWMAN JAGC USAR Instructor International and Comparative Law Division BA Bridgewater College 1955 LLB New York University 1958 Dean Wake Forest University School of Law
MAJOR PAUL M GREEN JAGC USAR Instructor International and Comparative Law Division BBA University of Texas 1957 LLB and JD University of Texas 1957 Private practice of law San Antonio Texas
MAJOR FREDERICK GOLDSTEIN JAGC USAR Instructor International and Comparative Law Division BA Yale University LLB University of Virginia 1958 Private practice of law Boston Massachusetts
CAPTAIN JORDAN J PAUST JAGC USAR Instructor International and Comparative Law Division AB University of California 1965 J S University of California 1968 LLM University of Virginia 1972 J SD Candidate Yale Law School New Haven Connecticut
89
CAPTAIN EDWARD F SHERMAN JAGC USAR Instructor International and Comparative Law Division AB Georgetown University 1959 MA (History) University of Texas 1967 MA (English) University of Texas 1967 LLB Harvard 1972 Assistant Professor Indiana University School of Law Bloomington Indiana
LIEUTENANT COLONEL DONALD H HEDGES JAGC USAR Instructor Procurement Law Division BA University of Washington 1950 LLB University of Washington 1954 Attorney U S Department of Commerce Seattle Washington
MAJOR DONALD T WECKSTEIN JAGC USAR Assistant Chief Procurement Law Division BBA University of Wisconsin 1954 LLB University of Texas 1958LLM Yale Law School 1959 Professor San Diego School of Law San Diego California
MAJOR STRATTON R HEATH JAGC USAR Instructor Procurement Law Division BBA University of Wisconsin 1959 JD University of Wisconsin 1961 Attorney Office of Regional Counsel HITCO Denver Colorado
MAJOR JOHN S MILLER III JAGC USAR Instructor Procurement Law Division BA Hamilton College 1959 LLB University of Virginia 1962 LLM National Law Center George Washington University 1970 Attorney Office of General Counsel GSA Washington DC
MAJOR ROBERT L McCLOSKEY JAGC USAR Assistant Chief Special Training Division ~LB Georgetown University Law Center 1954 LLM Georgetown University Law Center 1955 Attorney Appalachian Regional Commission Washington DC
LIEUTENANT COLONEL EDWARD J ATKINS JAGC USAR Assistant Director Developments Doctrine and Literature Department LLB University of Miami 1963 Private practice of law Miami Florida
CAPTAIN DAVID C CUMMINS JAGC USAR Legal Writer Developments Doctrine and Literature Department BS University of Idaho 1957 LLB University of Washington 1960 Professor Texas Tech University Lubbock Texas
CAPTAIN STEPHEN DAVIS JAGC USAR Legal Writer Developments Doctrine and Literature Department BA Dickinson College 1960 LLB Columbia University 1963 Assistant District Attorney Kings County New York
CAPTAIN WINSTON M HAYTHE JAGC USAR Project Officer Office of the School Secretary BS Southwest Missouri State College 1963 JD College of William and Mary 1967 Private practice of law Washington DC
CAPTAIN CHARLES P ROSE JR JAGC USAR Project Officer Office of the School Secretary AB College of William and Mary 1964 JD Western Reserve University 1967 Assistant Professor Wake Forest University School of Law Winston-Salem North Carolina
90
APPENDIX C
ALLIED STUDENTS - FY 1973
LTC Leon O Ridao Philippines 21 st Advanced Class
MAJ Feraidoon Haji-Aboutaleb Tehrani Iran 21 st Advanced Class
Squadron Leader S M Anwar Pakistan Air Force 21 st Advanced Class
MAJ D H D Selwood United Kingdom 66th Basic Course
CPT Husni Salem AI Omari Jordan 66th Basic Course
91
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APPENDIX F
THESIS TOPICS AND SCOPE NOTES 21 st ADVANCED CLASS
CAPTAIN EILEEN M ALBERTSON USMC The Reversion of Okinawa Its Effect on the International Law of Sovereignty Over Territory
This thesis will analyze the principle that sovereignty over territory once recognized is perpetual and absolute until it is contractually agreed otherwise To do this Okinawa will be used as the factual model and four generally recognized principles of international law will provide the legal basis for discussion After setting the factual and legal stage a determination will be made as to Okinawa IS legal status in the international community the significance of that status the effect of the reversion of Okinawa as evidence of the acceptance of the proposed principle as well as its significance as a basis of major precedent in establishing the principle as international law Finally the relevance of the principle and its applicability and enforceability in a present day situation namely the Middle East crisis will be evaluated
SQUADRON LEADER SHEIKH MUHAMMAD ANWAR Pakistan Administration of Justice in the Pakistan Air Force
A brief review of the development of Pakistan is presented as a background for an explanation of the legal system of the Pakistan Air Force Major aspects of criminal legal system are discussed and include the jurisdictional extent of Air Force law over persons for investigation of charges and summary punishments organization structure and procedures of courts-martial and appellate and constitutional rights of service members Based on a comparative analysis of Pakistan and US military laws recommendations for improvements in limited areas of both systems are presented and discussed
CAPTAIN H JERE ARMSTRONG The Right of Confrontation=Then and Now
This article presents a study of the historical development of the Sixth Amendment Right of Confrontation in Federal and Military courts an analysis of seven tests suggested by the courts for determining when there has been a confrontation within the meaning of the Constitution and a consideration of the term actual unavailability as it relates to the admissibility of extrajudicial declarations in trials by court-martial
MAJOR JAMES A BADAMI Servicemens Unions Constitutional Desirable Practical
This paper examines the historical development of labor-management relations in
97
the private and the public sectors in seeking understanding of the basis for proposed servicemen IS unions It discusses the applicability and limitations of First Amendment rights to members of the military illustrated in court cases and administrative regulations A theoretical justification for such unions is based on successful examples from foreign countries aspects of unionism already present in the American military system and the demonstrated need for unions as an effective grievance procedure The conclusion offers guidelines and boundaries for the operation of servicemen IS unions within the military
LIEUTENANT COMMANDER ROBERT C BERKLEY USN Tax Planning and the Middle-Income Military Investor
This thesis presents an examination of present federal laws relating to tax planning for the middle-income military investor The analysis includes suggestions for tax minimizatiori for the military investor in securities and real estate as well as tax advice designed to assist the military investor in his ultimate goal of family security
MAJOR RICHARD S BUCK IV What Privileges Does the King Still Have in the Market Place
The defense of sovereign acts permits the Government to perform general and public acts as opposed to contractual acts and not be financially responsible to its contractors for the consequences of such acts This paper describes the past history of this doctrine and how it is applied today in such areas as minimum wage laws diplomatic affairs military operations excusable delay internal government operations etc Some changes in this doctrine could be made by changes in standard Government contract provisions
CAPTAIN BERNARD ROLLINS CARPENTER Enlistment--A Contract Status or Marriage
An historical approach to determine the legal nature of the enlistment relationship reveals potential issues which may be a basis for substantial litigation The enlistment relationship as an alleged legal contract and potential legal premises resulting therefrom are questioned in light of statutory enactments and court decision Suggested alternatives to the relationship by courts and writers are reviewed and analyzed for legal efficacy A seemingly settled area may become quite controversial as a volunteer Army is realized The purpose of this thesis is to point out potential areas of dispute define the relationship and suggest possible alternatives
CAPTAIN GEORGE W CLARKE Political Activity of Servicemen The Military Hatch Act and the First Amendment
Political activity by members of the armed forces is severely limited by military
98
regulations This regulatory scheme raises fundamental questions regarding the extent to which the First Amendment applies to servicemen the authority for promulgation of the regulations and the underlying reasons asserted to justify the restrictions This thesis attempts to answer those questions
CAPTAIN JAMES P COLEMAN Waiver by Guilty plea
This thesis examines the doctrines of waiver by guilty plea in military law and formulates a tentative rule by which current and future waiver issues may be analyzed In addition possible future developments in this evolving area of litigation are examined with reference to their probable effect upon the current state of the law
MAJOR DAVID B CRAIG Control and Discipline in the United States Army Reserve
This thesis will present an analysis of the procedures available to the US Army Reserve Unit Commander for the control and discipline of his troops to include a determination of unsatisfactory participation involuntary call to active duty administrative reduction and elimination Additionally this thesis will silhouette the present system against the desires and concepts of the modern volunteer Army to produce specific suggestions and recommendations for the future
CAPTAIN JERALD D CROW USMC Emoluments of Military Service as Community Property
The effects of community property law upon military emoluments are little known nor considered by servicemen Military attorneys counseling servicemen contemplating divorce in community property states are usually unfamiliar with community property implications and have no readily available source of information The author has drawn together the bulk of cases from all community property jurisdictions construing military emoluments An analysis is made of major cases problem areas discussed and conclusions presented as to the commun~ty character of each emolument considered Recommendations are made for dealing with possible problem areas
MAJOR LEONARD H DANCHECK Forgotten My Lais US Intervention Occupation and Pacification in Haiti (1915-1920)
This artic1~ is a case study of the causes and background of the 1915 United States intervention in Haiti the subsequent United States occupation of the country the suppression in 1919-1920 of the insurrection that developed in opposition to American control the alleged atrocities committed during the suppression the reaction to the alleged atrocities by the nations press and the investigations of the alleged atrocities by the Navy Marine Corps and the United States Senate
99
CAPTAIN HOWARD C EGGERS The Specificity Required in Military Search Warrants
This thesis discusses the need for a definite description of the place to be searched and the things to be seized in military search warrants It is an attempt to define specificity standards for the use of military magistrates in drafting warrants An analysis of current civilian standards as revealed in federal case law and present military practices in the search area establishes certain guidelines to be followed
CAPTAIN RUSSELL J FONTENOT Development of the Staff Legal Officers Responsibility Under the Law of War
A study of the origins and development of the criminal responsibility of the individual staff legal officer under the law of war consideration is given to both the effects of international law and the municipalized law of war a detailed analysis is made of the substantive international standards announced at Nuennberg and how these standards were applied not only to the lawyer but also to the commander and his other staff officers
CAPTAIN ROBERT M FRAZEE Flag Desecration Symbolic Speech and the Military
To analyze federal law selected state laws and Army regulations concerning flag desecration as it pertains to freedom of speech Emphasis will be placed upon the public and private interests what is meant by desecration of the flag what is a flag within the meaning of these statutes and what are the particular military interests and responsibilities in the enforcement of flag desecration statutes
MAJOR WENDELL R GIDEON Federal Medical Care Recovery Act Methods and Sources of Recovery and the Impact of No-Fault Insurance
This thesis examines the methods and sources of recovery under the Federal Medical Care Recovery Act and recommends ways of increasing their effectiveness In addition an analysis is made as to the impact that no-fault insurance will have upon the recovery program and to recommend ways of solving the problems which no-fault legislation appears to have created to include enactment of National No-Fault Law and amending the Federal Medical Care Recovery Act itself
CAPTAIN DEWEY CABELL GILLEY JR Using Counsel to Make Military Pretrial Procedure More Effective
An examination of what the role of counsel in pretrial procedure in the military should be Specifically when the right of counsel attaches currently and under constitutional standards what the role of counsel is in pretrial procedure in the military and in civilian jurisdictions and what the role of counsel would be in pretrial procedure
100
as changed by Army pilot programs and by proposed amendments to the Uniform Code of Military Justice The thesis recommends utilizing the safeguards of civilian jurisdictions in pretrial procedure in the military in a way which will preserve command responsibility for morale and discipline
CAPTAIN CHARLES H GIUNTINI Motivating the Military Lawyer
The current retention outlook concerning Judge Advocate General officers and the projections regarding the retention problems of the future require critical analysis of all aspects of the management of those serving on active duty in the corps This thesis discusses the concept of job safisfaction in an attempt to provide the Judge Advocate Manager meaningful suggestions concerning the motivation of the military lawyer
CAPTAIN JOHN C GOLDEN III Doctrine of Immunity Regarding Military Personnel and Federal Employees for Official Acts
An examination of personal liability and the doctrine of immunity pertaining to military personnel and other federal employees for tortious conduct arising from official acts with proposals for providing adequate remedies
CAPTAIN ARTHUR G HAESSIG The Soldiers Right to Procedural Due Process The Right to be Heard
An analysis of the enlisted soldiers right to be heard as an element of procedural due process in certain adverse personnel actions In particular an analysis of present Army regulatory procedures and the due process right to be heard in the revocation of security clearances enlisted separation for unfitness and unsuitability enlisted reduction for civil conviction and for inefficiency bars to reenlistment reclassification of the enlisted soldiers Military Occupational Specialty (MOS) and to the extent that the soldiers career is adversely affected by the preceding actions the Armys Qualitative Management Program The analysis examines thes~ procedures in light of current law and proposes a general regulatory change to insure the soldiers right to be meaningfully heard
MAJOR WILLIAM J HEMMER Violation of the Military Superior--Subordinate Relationship is a Crime Isn It
In the midst of vast hue and cry for the civilization of military justice exists a strident count~rvailing assertion that the Armys discipline is goinghas gone to hell in a handbasket because military justice is too civilianized The author undertakes an interdisciplinary examination of a microcosm the application of criminal sanctions to fraternizations by an officer with an enlisted man From this examination conclusions are drawn as to the dilemma of the larger unity
101
CAPTAIN FRANKLIN D HOLDER USMC A Historical Development of Mutiny
A study of the federal and military acts of mutiny with particular emphasis on the historical development of the substantive law and the jurisdictional aspects
MAJOR WAYNE R ISKRA The Right to Privacy in the Military Service
Trace the historical role of the commander to conduct inspects and briefly compare it with the role of the commander in authorizing searches based on probable cause Compare the military case law on the right of the commander to inspect barracks on post housing place of duty and conduct inventories with the recent civilian case law involving inspections by governmental agencies on private homes and businesses Evaluate the VOLAR concept which appears to place emphasis on making military life more attractive to the soldier ie individual rooms in barracks with the need to solve pressing military problems ie drug abuse Attempt to reach some conclusions as to whether the right of the commander to conduct inspections can andor should b~ broadened I intend to utilize military and civilian law review articles legal and nonlegal publications and civilian and military court decisions with special emphasis on US v Biswell 40LW4489 (1972) and US v Grace 42 CMR 11 (1970)
MAJOR THOMAS A KNAPP Problems of Consent in Medical Treatment and Human Experimentation
After a general review of the history and origin of informed consent the thesis concentrates on the nature of consent with emphasis on the consent form inquiry into the emergency doctrine an analysis of the qualified right of an adult to refuse medical care and an examination of informed consent in human experimentation with comment on the Tuskegee Study The author concludes that a revision of consent forms should insure that the individual has given informed consent that the Army Regulation dealing with the refusal of medical care should be revised to comport with civilian standards and a disinterested third party assist in obtaining informed consent in the area of human experience
CAPTAIN WILLIAM J LEHMAN Suffer the Little Children Child Maltreatment in the Military
This paper examines child maltreatment in an historical context and traces the evolution of civilian laws designed to protect maltreated children The existence of child maltreatment in military families is documented and an analysis made of the existing methods for dealing with the problem within the military The problems peculiar to administration of a child welfare system by the military including jurisdiction and available resources are examined in depth Recommendations are advanced for improving the
102
handling of child maltreatment in the military environment
LIEUTENANT COLONEL MARTIN R LOFTUS What is a Custodial Interrogation in
Military Legal Practice
The objective of this thesis is to determine what is a custodial interrogation in military legal practice Analysis includes a determination of when an interrogation becomes custodial examining five possible texts of focus subjective belief of the person being questioned objective belief of the person being questioned subjective intent of arresting officer and whether the person being questioned is objectively or subjectively a suspect In addition an analysis is also made of what is an interrogation examining the areas of spontaneous statements verbal acts searches handwriting and voice identification
MAJOR HALDANE ROBERT MAYER Constitutionality of Commander Authorized Searches and Seizures
This is a study of the evolution of the constitutional mandate that searches be authorized by neutral and detached magistrates and not by officials engaged in the police activities of government The core of the study is an investigation of search authorization practices in military law specifically the Army and a judgment as to their compliance with the Supreme Courts Fourth Amendment requirement of impartiality on the part of the officer who authorizes searches Recommendations for change in the military process conclude the study
CAPT AIN KENNETH M MITCHELL Is Article 117 Unconstitutional Due to Vagueness and Contrary to the First Amendment
This thesis presents a review and analysis Qf past military decisions involving the offense of Article 17 provoking words and gestures with particular emphasis on the question whether Article 17 is unconstitutional due to vagueness and contrary to the protection afforded by the First Amendment
MAJOR CHARLES A MURRAY The Power of the Post Commander to Proscribe Speech and Expression
A study of the power of the post commander to proscribe speech and expression on post with particular emphasis on those powers explicitly set forth by statutes those powers implicit by statutes and regulations and the recent case law with a view towards ascertaining the current legal status of those powers
103
CAPTAIN WILLIAM J NORTON II United States Obligations Under Status of Forces Agreements A New Method of Extradition
This article examines the rights and obligations acquired and undertaken by the United States Government and its Armed Forces under the numerous Status of Forces Agreements concluded by the United States since 1951 to determine whether the United States has any international duty stemming from those agreements to return to foreign states or in effect to extradite individuals who allegedly commit crimes in the foreign state but happen to depart that state before its full criminal processes have been exhausted
CAPTAIN MAURICE J OBRIEN Scanwell-Light at the End of the Tunnel
This article analyzes an unsuccessful bidders entitlement to judicial review of a procurement award It also examines the judicial remedies available to an unsuccessful bidder and the rules and procedures for their application It evaluates the effects and the effectiveness of the judicial relief provided and it concludes with a suggestion for a more appropriate review procedure
CAPTAIN WILLIAM H PARKS USMC Command Responsibility
A comparative analysis of war crimes trials involving command responsibility in order to determine the standards required of a military commander in combat with regard to prevention investigation reporting and prosecution of war crimes Included in this examination will be a view of the criminal responsibility of the com bat commander possible offenses and the question of degree of intent required
CAPTAIN FRANK J PYLE JR Light at the End of the Tunnel-Prison Exile or Amnesty
Beginning with the backdrop of dissent and the end of United States participation in Vietnam the history of amnesty is examined The emphasis is on United States history and the sources of authority for granting amnesty in the United States To focus on todays situation the possible amnesty claimants are examined as well as the forms in which an amnesty might be granted Considerations and arguments for and against granting amnesty are given Possible implementation is examined with a prediction as to the possibility of a post-Vietnam amnesty
CAPTAIN ROYCE C RICH Liability Under the Federal Tort Claims Act During Permanent Change of Station Travel
The purpose of this thesis is to examine the divergent holdings of the various United States Circuit Court of Appeals on the issue of scope of employment under the Federal
104
Tort Claims Act in the case of nilitary personnel during permanent change of station travel An analysis will be made of the factors considered by the courts in their opinions and a comparison will be made with the legislative intent of Congress when it passed the Federal Tort Claims Act Finally appropriate corrective action will be outlined which will help preserve the intent of Congress when it passed this Act
LIEUTENANT COLONEL LEON O RIDAO Republic of the Philippines The Philippine Claims to Internal Waters and Territorial Sea An Appraisal
Who shall control the seas and for what purposes These Professor Schewebel states are the great issues involved in the contemporary worldwide struggle over the content of the law of the sea Nations of the world have been confronted with these issues ever since the great voyages of discoveries and the growth of navies of the States Recent advances in technology have heightened the conflict In view of such technological strides more and more States have found greater need for the exercise of sovereignty or jurisdiction over larger portions of the sea adjacent to their coasts than ever before Asserted interests are diverse and important The result is the rise of so many competing national claims that it may well be said that the present international law of the sea like the sea itself is in perpetual movement it is in a state of upheaval
The Republic of the Philippines consider as part of its national territory all the waters lying within the international treaty limits of the Philippines
It is the purpose of this study to determine the validity under international law of these Philippine claims to its internal waters and territorial sea
CAPTAIN JEROME W SCANLON JR The Scope of a Search Incident to a Lawful Arrest
This thesis presents an analysis of the law of the scope of a search incident to a lawful arrest as developed by the United States Supreme Court and other courts The author develops the rationale used to formulate the rules in the three types of areas which are the subject of such a search-the premises where the arrest took place the vehicle driven or occupied by the accused at the time of arrest and the search of the arrestees person This thesis also outlines the considerations which must be taken into account by the arresting police officers and the prosecuting attorney in order to sustain a particular search
CAPTAIN WILLIAM N SCHNELL The Decline of the Judicial Doctrine of Nonreviewability of Military Decisions Ordering or Denying Discharges
An examination of recent federal court decisions revealing an increased judicial trend to review some administrative proceedings affecting internal matters of the military and maintaining the traditional judicial doctrine of nonreviewability of military discretionary acts
105
CAPTAIN TIMOTHY J SIMMONS The Post Trial
This thesis briefly examines the historical antecedents to the present post trial review It then discusses the present requirements which have been imposed statutorily and judicially Alternative approaches to the present formalized system are discussed and specific recommendations are made to create a more workable post trial review Finally an interim approach is recommended to reduce the problems with the post trial review until statutory changes can be made
MAJOR FERAIDOON H TEHRANI Imperial Iranian Army Comparison of Military and Civilian Criminal Procedures in Iran
This paper examines the criminal proced ures in the military and civilian courts in Iran Where the procedures are similar the military court procedure is discussed otherwise the differences are reviewed and compared in detail
CAPTAIN CHARLES W TRAINOR The Buy American Act An Examination Analysis and Comparison
This study examines the principles of the Buy American Act from its inception through its present application noting those consistencies and inconsistencies with the original legislative intent of the 1933 Act and resultant effect of the Executive Order of 1954 The Act is further compared with the Most Favored Nation IS Gause and the exculpatory paragraphs of the General Agreements on Tariffs and Trade dealing with buy-national policies of its member states The buy-domestic policies of seventeen nations are then set forth distinguishing the United States policy as enumerated in the Act Concluding the study are suggestions for further implementation of the Act making it more responsive to those it was intended to serve
MAJOR CHARLES A WHITE JR Residual Value--Candles and Costs
This paper discusses the problems inherent in the recovery of residual value for United States investments in the Federal Republic of Germany 1963-1973 It details the background of the US operations concerning real estate through the Occupation Period (1945-1955) and into the Contractural Relations Period (1955-1963) The negotiations of the Damages and Residual Value Articles of the Supplementary Agreement is covered in detail The paper encompasses all legal and practical aspects arising under the provisions of Articles 41 and 52 as they pertain to residual value A general world-wide survey of the subject is not included
106
APPENDIX G
GUEST MEMBERS THESIS EVALUATION COMMITTEES 21 st ADVANCED CLASS
Brigadier General Edmund Montgomery USAR Lieutenant Colonel Thomas H Davis
Administrative Law Division OTJAG Colonel R D Michelson
USMC HQ U S Marine Corps Washington D C Professor Robinson O Everett
Duke University Durham North Carolina Dr Thomas H Hunter
UVA Medical School Professor Lawrence Gaughan
Washington amp Lee University School of Law Lieutenant Colonel Wayne E Alley
Judge U S Army Court of Military Review Professor John Ritchie
UVA Law School Major General Kenneth J Hodson
Chief Judge U S Army Court of Military Review Lieutenant Colonel Richard McNealy
Deputy International Affairs Division OTJAG Professor Walter J Wadlington
UVA Law School Mr James Michael
Office of Legal Adviser Department of State Major William G Eckhardt
Litigation Division OTJAG Lieutenant Colonel Ronald M Holdaway
Chief Government Appellate Division OTJAG Professor Richard E Speidel
UVA Law School Professor Carl McFarland
UVA Law School Professor Charles H Whitebread
UV A Law School Mr John Schulz
Editor-in-Chief Military Law Reporter Washington D C Colonel Joseph Van Oeve Jr
Chief Contract Appeals Division OTJAG
107
Colonel William T Rogers Senior Judge U S Army Court of Military Review
Professor James Bond Washington amp Lee University School of Law
Professor Donald Curtis Administrative Assistant Graduate School of Business Administration UVA
Brigadier General Lawrence H Williams Assistant Judge Advocate General for Military Law OTJAG
Mr Philip M Wilson U S Army Claims ServiceFt Meade Maryland
LCDR Thomas R Santfer HQ Department of the Navy Washington D C
Major Frank Stone SOFA Team Chief International Affairs Division OTJAG
Mr Waldemar A Solf Chief International Affairs Division OTJAG
Colonel Alton H Harvey Chief Military Justice Division OTJAG
Lieutenant Colonel Abraham Nemrow (Ret) Clerk Court of Military Review
108
APPENDIX H
21st ADVANCED CLASS GRADUATES
CPT Eileen M Albertson USMC CPT Franklin D Holder USMC SQUAD LDR Sheikh Muhammad Anwar MAJ Wayne R Iskra CPT Henry J Armstrong CPT Henry C Karlson MAJ James A Badami MAJ Thomas A Knapp LCdr Robert C Berkley USN CPT William J Lehman MAJ Richard S Buck IV LTC Martin R Loftus CPT Bernard R Carpenter MAJ Haldane R Mayer CPT George W Clarke CPT Kenneth M Mitchell CPT James P Coleman MAJ Charles A Murray MAJ David B Craig MAJ William J Norton II CPT Jerald D Crow USMC CPT Maurice J OBrien MAJ Leonard H Dancheck CPT William H Parks USMC CPT Howard C Eggers CPT Frank J Pyle Jr CPT Russell J Fontenot CPT Royce C Rich CPT Robert M Frazee LTC Leon O Ridao MAJ Wendell R Gideon CPT Jerome W Scanlon Jr CPT Dewey C Gilley Jr CPT William N Schnell CPT Charles H Giuntini CPT Timothy J Simmons CPT John C Golden III CPT Feraidoon H Tehrani CPT Arthur G Haessig CPT Charles W Trainor MAJ William J Hemmer MAJ Charles A White Jr
109
APPENDIX I
ACADEMIC AWARDS 21 st ADVANCED CLASS
HIGHEST OVERALL CLASS STANDING
Award for Professional Merit -- American Bar Association
CAPTAIN GEORGE W CLARK CAPTAIN HOWARD C EGGERS CAPTAIN HENRY C KARLSON
SECOND HIGHEST OVERALL CLASS STANDING
Award for Professional Merit -- The Judge Advocate Generals School
CAPTAIN DEWEY C GILLEY JR
HIGHEST STANDING IN CIVIL LAW
Award for Distinguished Accomplishment - Judge Advocates Association
CAPTAIN HENRY C KARLSON
HIGHEST STANDING IN CRIMINAL LAW
Judge Paul W Brosman Award -- United States Court of Military Appeals
CAPTAIN HENRY C KARLSON
HIGHEST STANDING IN INTERNATIONAL AND COMPARATIVE LAW
Award for Distinguished Accomplishment - The Judge Advocate Generals School
CAPTAIN HENRY C KARLSON
HIGHEST STANDING IN MILITARY COMMAND AND STAFF
Plaque - Association of the United States Army
CAPTAIN DEWEY C GILLEY JR
III
HIGHEST STANDING IN PROCUREMENT LAW
Award for Distinguished Accomplishment -- The Foundation of the Federal Bar Association
CAPTAIN HOWARD C EGGERS
OUTSTANDING THESIS
Award for Distinguished Scholarship -- The Judge Advocate Generals School
CAPTAIN GEORGE W CLARKE
112
APPENDIX J
65th BASIC CLASS GRADUATES
CPT Robert F Apgar CPT Kenneth L Baker LT Robert L Beauregard USCE CPT Paul C Besozzi CPT Burk E Bishop CPT Charles W Boohar J r CPT Mack W Borgen CPT Victor S Carter Jr CPT Michael R Caryl CPT Joseph W Ca~per
CPT Madge K Casper CPT Dayton M Cramer CPT David M Curtis CPT Charles B Dickson MAJ Alfred J Dirska CPT Robert D Doane CPT Terence M Donnelly CPT John E Dorsey LT Winona G Dufford USCG CPT Jerry G Du Terroil CPT David R Dowell CPT Stephen A J Eisenberg LT Robert W Ferguson USCG LT Philip L Font USCG CPT Raymond G Frere CPT John W Fryer CPT John P Halvorsen CPT Patrick K Hargus CPT Dennis E Harrold CPT James R Hill Jr CPT John R Hill CPT Earl T Hilt s LT Franklin D Hoffman Jr USCG LT Francis P Hopkins Jr USCG CPT Harry D Hoskins III
66th BASIC
CPT Thomas B Allen CPT James W Almand
CPT George W House CPT Sammy S Knight CPT Gary J Krump CPT Ralph E Larson CPT Fredric I Lederer CPT Gerald J Leeling CPT David R Lorence CPT John W Lewis CPT John R MacPherson CPT Gary R McSpadden CPT Peter H Mathis CPT Jack H Morgan LT Howard S Myers III USCG CPT Joyce E Plaut CPT Peter K Plaut LT Robert J Reining USCG CPT Nicholas P Retson CPT George D Reynolds CPT Paul A Robblee Jr CPT Stephen H Rovak CPT John G Sauer CPT Lawrence L Severson LT William B Short Jr USCG CPT Dale B Smith CPT Nick J Staihar CPT Lewis R Stark CPT Richard G Stein LT James J Tamulski USCG CPT Thomas N Tromey CPT Vaughan E Taylor CPT Stephen G Varga CPT Dennis J Wing CPT Donn T Wonnell CPT Edward R Ziegler LT Stephen H Zimmerman USCG
CLASS GRADUATES
CPT Richard S Blakely CPT Alexander L Blondeau Jr
113
CPT Paul L LuedtkeCPT Stanley D Brown CPT Robert A McSorley CPT Chester H Budz CPT Ronald J MedarisCPT Richard W Cairns CPT Larry S MerckCPT Barry N Capalbo CPT Donald Morgan CPT John E Caulking CPT Philip E Mullin CPT Peter B Crary CPT Husni Salem Omari Jordanian Army CPT Willis D Cronkhite III CPT Frank T Pandora II CPT Patrick F Crow CPT Jerry R ProthroCPT King K Culp CPT Joseph A RehyanskyCPT James R Dedrick CPT Eldon D RobertsCPT Peter M Desler CPT Robert W SchiveraLT John H Distin USCG CPT John F SchmutzCPT Daniel J Dykstra Jr CPT Gerald A SchroederCPT James S Eakes CPT Paul M ScottCPT Frank B Ecker Jr CPT John R SeeronenCPT Robert D Ganstine CPT Ruurd C SegaarCPT James L Goetz MAJ David HD Selwood British Army CPT Michael H Gottesman CPT Frederic N SmalkinCPT Keith H Harnack CPT Brian K SmithCPT John D Hand CPT Ronald M SmithCPT Joseph W Hely Jr CPT Stephen L SmithCPT Ted B Herbert CPT Shelby L Starling JrCPT James A Hightower Jr CPT Richard T St Clair CPT Paul F Hill CPT Guyton O Terry JrCPT Stephen A Husman CPT Lewis L Thompson JrCPT Joseph P Kulik Jr CPT Harry A Tucker Jr CPT Harry L Lamb Jr CPT Lanny T Winberry CPT Lafayette J Lamb CPT Lawrence E Wzorek CPT Mark R Lindenmeyer
67th BASIC CLASS GRADUATES
CPT Raymond R DeckertCPT George W Bailey Jr CPT Leroy L De NooyerCPT William J Baker CPT John J DioguardiCPT K Reid Berglund CPT Chauncey W Durden III CPT William G Berkson CPT Gregory L EdlefsenCPT John D Billingslea Jr CPT William H EldridgeCPT Jack T Brooks CPT Ray A FarringtonCPT Edward G Bryant CPT Dominic A Femino JrCPT Stephen R Burns CPT Frank T FlanneryCPT Demmon F Canner CPT Cecil G Foster JrCPT Richard A Cefola CPT Charles C FreyerCPT Matthew J Coco CPT William P FugelsoCPT Peter J Curry CPT Russell J GeoffreyCPT Lawrence R Daniels
114
CPT Jerry H Gilbert CPT Daniel R Grills CPT Robert L Guinn CPT Alfred H Juechter Jr CPT Marshall M Kaplan CPT Douglas 1 Kaukl CPT Donald L Ketels Jr CPT Dennis A Klejna CPT Carlos E Lazarus CPT Jerome L Lemberger CPT John J Madden Jr CPT Frank C Marshall Jr CPT John B Martin CPT Carlos G Martinez CPT Everett D Marvin III CPT Roger K Masuda CPT Dale V Matthews CPT Daniel C McCarthy CPT Samuel P Militello CPT Clifford J Moy CPT Paul S Murphy CPT Steven D Needle CPT Charles M Nester CPT John K Northrop
CPT James M Norton CPT Willard E Nyman III CPT Louis F Pine II CPT Robert A Prentice CPT Herbert L Raiche CPT John T Rank CPT Michael G Rice CPT Wayne G Rod CPT James H Rosenblatt CPT Michael L Rudasill CPT James A Rupp CPT Stephen V Saynisch CPT Benjamin H Settle CPT Charles W Sheehan Jr CPT Anthony J Siano CPT Douglas C Smith CPT William L Sossaman CPT Craig L Stevenson CPT Marshall M Sweeney CPT Allan A Toomey CPT Martha J Trudo CPT John K Vreeland CPT Craig M Wilson CPT Eduard T L Zijlstra
68th BASIC CLASS GRADUATES
CPT Richard C Bentley CPT Fay the A Blake CPT John R Bone LT Robert G Bright USCG CPT William 1 Caron CPT Larry G Cecil CPT Ronald L Chapman CPT Hugh E Cherry CPT Michael C Denny CPT Graydon W Dimkoff CPT Ronald E Erickson CPT Ralph J Frick Jr CPT Lester M H Goo CPT Glenn S Hara CPT William C Jaekel CPT Thaddeus J Keefe III
CPT Leslie E LeDoux II CPT Robert A Long Jr CPT William G F Mill er CPT Kenneth E Mitchell LT James D Morgan USCG CPT Robert E Morris CPT Vahan Moushegian Jr CPT Frank R Newett CPT Richard H Nixon CPT James P Ring CPT Conrad J Rybicki CPT Ronald J Shea LT John E Shkor USCG CPT Lawrence A Smith CPT Frank J Wagner Jr CPT Alvern C Weed
115
bull
APPENDIX K
BASIC CLASS ACADEMIC AWARDS
American Bar Association Award for Professional Merit (highest overall academic standing)
CPT Robert F Apgar 65th Basic CPT Lawrence E Wzorek 66th Basic CPT John K Vreeland 67th Basic CPT Robert A Long Jr 68th Basic
Commandants Award for Professional Merit (second highest overall academic standing)
CPT John R MacPherson 65th Basic CPT Frederick N Smalkin 66th Basic CPT John T Rank 67th Basic CPT Glenn S Hara 68th Basic
Judge Paul W Brosman Award United States Court of Military Appeals (highest standing in Criminal law subjects)
CPT Robert F Apgar 65th Basic CPT Gerald J Leeling 65th Basic CPT John R MacPherson 65th Basic CPT Peter K Plaut 65th Basic CPT Dale B Smith 65th Basic CPT James W Almand 66th Basic CPT Frederick N Smalkin 66th Basic CPT Harry A Tucker Jr 66th Basic CPT Lawrence E Wzorek 66th Basic CPT John K Vreeland 67th Basic CPT Robert A Long Jr 68th Basic CPT Frank R Newett 68th Basic
The Foundation of the Federal Bar Association Award for Distinguished Accomplishment (highest standing in Procurement Law subjects)
CPT Charles B Dickson CPT Frederick N Smalkin CPT John J Dioguardi CPT William C Jaekel
65th Basic 66th Basic 67th Basic 68th Basic
117
Judge Advocates Association Award for
CPT Joyce E Plaut CPT James W Almand CPT Paul M Scott CPT Lawrence E Wzorek CPT George W Bailey Jr CPT Hugh E Cherry
Achievement (highest standing in Civil Law)
65th Basic 66th Basic 66th Basic 66th Basic 67th Basic 68th Basic
Association of the United States Army Plaque (highest standing in Phase I)
CPT John R Hill CPT Alexander L Blondeau Jr CPT Willis D Cronkhite CPT John J Dioguardi CPT Ronald L Chapman
65th Basic 66th Basic 66th Basic 67th Basic 68th Basic
118
GUEST
SPEAKER
Mr Roscoe J Ailor Chief Recovery Division U S Army Claims Service Fort Meade Maryland
Professor Richard C Allen Director Institute of Law Psychiatry and Criminology George Washington University
Mr Harry H Almond Jr Senior Attorney-Advisor Office of General Counsel for International Affairs Office of Secretary of Defense
BG Bruce C Babbitt USA Assistant Judge Advocate General for Civil Law
Professor Richard R Baxter Harvard University School of Law
LTC Harry Beavers MC Chief Family Planning Service Walter Reed Medical Center
Colonel Myron Birnbaum USAF U S Air Force Judiciary
Major Ramond K Bluhm U S Army Civil Affairs School Fort Bragg North Carolina
Professor James E Bond School of Law Washington amp Lee University
APPENDIX L
SPEAKERS AND VISITORS
TOPICPURPOSE OF VISIT
Oaims Administration Panel
Examination of a Psychiatrist
The Law of War - Applied to Weapons and Targets
Addressed Opening Exercises of the 54th Procurement Attorneys Course and the Third Procurement Attorneys Advanced Course conducted Advanced Class Seminar
Perspectives on Work Being Done on the Geneva Conventions of 1949
Family Counseling and Family Planning
Armed Services Correctional Program
U S Civil Affairs Current Developments
Internal Conflicts and Common Article 3
119
Captain Michael A Brodie JAGC Litigation Division OTJAG
Captain Clifford D Brooks JAGC Procurement Law Division OTJ AG
Dr Robert Brown Psychiatrist Charlottesville Virginia
Mr Thomas V Bryant Jr Office of the General Counsel Small Business Administration
Mrs Nancy Buc Assistant Director for Consumer
Education Bureau of Consumer Protection Federal Trade Commission
Mr Francis T Buckley Chief Counsel U S Army Missile Command Redstone Arsenal
Hon John A Busterud Deputy Assistant Secretary of Defense Washington D C
Hon J Fred B uzhard t General Counsel Department of Defense
Mr John Carey Partner Coudert Bros Law Firm New York
Major General J S Cheney USAF The Judge Advocate General U S Air Force
Evaluation and Settlement of Suits under the Federal Tort Claims Act and Federal Care Recovery Act The Federal Medical Care Recovery Act
Labor Standards in Government Contracts Special Interest Institutes
Family Law Panel
The 8(a) Subcontracting Program
Consumer Protection Panel
Weapons Systems Acquisition vs Procurement at Post Camp and Station Level
Environmental Quality
Addressed 1972 JAG Conference
Recent Developments in Human Rights
Conducted Advanced Oass Seminar
120
Dr Lawrence E Chermak Funding of Major Acquisitions Counsel for the Comptroller of the Navy Office of the General Counsel Department of the Navy
Colonel Jerry E Connor USAF Chief Legal Assistance Division OTJAG Department of the Air Force
LTC Albert A Covington JAGC Staff Judge Advocate Retraining Brigade Fort Riley Kansas
Mr Richard Cunningham Office of the General Counsel U S Army Corps of Engineers
Mr Gilbert Cuneo Partner Sellers Conner amp Cuneo Washington D C
Mr Overton A Currie Partner Smith Currie amp Hancock Atlanta Georgia
Mr Jerome J Curtis Jr Assistant Professor of Law Marshall-Wythe School of Law College of William and Mary
Hon William H Darden Chief Judge U S Court of Military Appeals
Hon Arno H Denecke Associate Justice Oregon Supreme Court
Mr Edwin Dosek Bureau of Consumer Protection Federal Trade Commission
Current Status and Future Plans for Pilot Legal Services Program
Retraining the Soldier
The Army What the Future Holds The Army An Impact Statement on the Effects of Environmental Law-The Lawyers View
Contractors View of Board of Contract Appeals
Contractors View of Performance Problems of Construction Contracts
Real Estate Transactions
Addressed JAGSO Units
Hearsay Hazards
Consumer Protection Panel
121
Mr Dolf Droge National Security Council Staff The White House
Mr Stanley Dubroff Chief Counsel Electronics Command Fort Monmouth New Jersey
LTC Joseph A Dudzik JAGC Procurement Law Division OTJAG
Hon Robert M Duncan Judge United States Court of Military Appeals
Major William G Eckhardt JAGC Chief Personnel Affairs Branch Litigation Division OTJ AG
Colonel John L Fellows Jr ARM Commanding Officer U S Army Garrison Presidio of San Francisco
Mr Allen Felts Oaims Training Director Eastern Regional Office State Farm Insurance Company
Mr Nicholas A Fidandis Commissioner Federal Mediation amp Conciliation Service
Colonel Zane E Finkelstein JAGC Office Chairman Joint Chiefs of Staff Department of Defense
Mr Lawrence D Gaughan Associate Professor of Law Washington amp Lee University School of Law
An Analysis of the Vietnam Situation
Practical Aspects of Contract Types and Negotiation Procurement EthiQs
Current Developments in Procurement Law
The Military Judge and the Court of Military Appeals
Helping a Commander Control his Installation Relationships Between DA and Department of Justice and Litigation Reports Panel
The Legal Problems of an Installation Commander
Insurance Company View on Claims Settlement
Impasse Mediation
Joint Chiefs of Staff On-Going Agreements
An Outline of the Civil Law System and Doctrine Civil Affairs in Combat The Israeli Experience
122
Captain Norman L Goldberg JAGC Military Personnel Law Team Administrative Law Division OTJAG
Colonel Viviano Gomez Jr JAGC Staff Judge Advocate U S Army Training Center Fort Ord California
Professor Gidon A G Gottlieb School of Law New York University
Captain Kenneth E Gray JAGC Office of the Staff Judge Advocate U S Army Training Center Infantry Fort Dix New Jersey
Air Vice Marshal Eric G Hall Pakistan Embassy Washington D C
Captain Andrew M Harkness JAGC Procurement Law Division OTJ AG
LTC R G Harmer British Embassy Washington D C
Mr Neal Harrison Director Classification Division U S Disciplinary Barracks Fort Leavenworth Kansas
Colonel Alton H Harvey JAGC Chief Criminal Law Division OTJAG
Mr Elliot Harwood Deputy Assistant Director Plans and Policy Office of Director of Defense Research and Development
Contemporary Problems in Personnel Separations
Conducted Advanced Class Seminar
National Implementation of the Laws of War
The Pilot Program-Present and Future
Distinguished Guest at the 21 st Advanced Oass Graduation
Labor Standards in Government Contracts
Liaison Visit
U S Disciplinary Barracks and Army-Air Force Clemency and Parole Board
Law Office Management
Weapons Systems Acquisition
123
LTG Joseph M Heiser Jr USA Deputy Chief of Staff for Logistics
MG Kenneth J Hodson USA Chief U S Army Legal Services Agency
LTG Harris W Hollis USA Chief Office of Reserve Components Department of the Army
Colonel Kenneth A Howard JAGC Chief Trial Judiciary OTJ AG
Captain Fred Huff JAGC Lands Office OTJAG
Hon Hadlai A Hull Assistant Secretary of Army for
Financial Management
Mr Michael R Jetter Internal Revenue Service Richmond Virginia
Mr Robert Johnson Harris Tuck Freasier amp Johnson Richmond Virginia
Mr Nathaniel Jones General Counsel NAACP New York New York
Professor Yale Kamisar School of Law University of Michigan
Professor Delmar Karlen School of Law New York University
Importance of Legal Officers in Logistics
Conducted Advanced Class Seminar 11th Military Judge Course Graduation
Addressed National Guard Conference
Records Reports and Administration Panel Sentencing General and Special Findings
Environment and Law
21 st Advanced Class Graduation Speech
Rent and Price Controls
A Plaintiffs Lawyer Looks at Torts Practice
Task Force on the Administration of Military Justice in the Armed Forces
Second Annual Kenneth J Hodson Lecture in Criminal Law
First Annual Edward H Young Lecture in Military Legal Education
124
Captain Elton J Keeley INF U S Army Civil Affairs School U S Army Institute for
Military Assistance Fort Bragg North Carolina
Colonel William R Kennedy USAF U S Air Force Judiciary
CW2 Dieter P Kohler U S Army Claims Service
Mr L David Korb Deputy Director Office of Labor-Management Relations U S Civil Service Commission
Captain Royce C Lamberth JAGC Litigation Division OTJAG
Hon Francis J Larkin Third District Court Milford Massachusetts
LTC Edward A Lassiter JAGC Assistant Chief Military Justice Division OTJAG
Mr Shao-chuan Leng Professor of Government and
Foreign Affairs University of Virginia
Captain Morris 1 Lent JAGC Deputy Staff Judge Advocate U S Army Engineer Center Fort Belvoir Virginia
Mr William Lessin Office of Directorate for Personnel
and Community Activities Fort Belvoir Virginia
U S Civil Affairs Orientation
Records Reports and Adninistration Panel
Claims Administration Panel
The Federal Labor-Management Relations Program Today
Military Personnel Law Litigation
Judicial Technique and Administration
Current OTJAG Military Justice Policies and Projects
Communist Law--Chinese Legal Principles
Legal Services Center Concept
Budgeting for a JA Office
125
Professor Richard B Lillich School of Law University of Virginia
Mr Ronald E Lunstrum Senior Corrections Specialist Department of the Navy
Major Eric Mackintosh Staff Officer MASSTER Project Fort Hood Texas
BG Clyde R Mann USMC Director Judge Advocate Division U S Marine Corps Washington D C
Dr Theodore C Marrs Deputy Assistant Secretary of Defense
for Reserve Affairs DOD Washington D C
Professor Daniel J Meador James Monroe Professor of Law University of Virginia
Mr Wayland Medley Technical Staff Economic Stabilization Board Internal Revenue Service Richmond Virginia
Mr Robert W Meserve President American Bar Association
Mr Travis Mills Assistant General Counsel U S Civil Service Commission
Humanitarian Intervention
Armed Services Correctional Program
Project MASSTER Orientation
Distinguished Guest at 21 st Advanced Class Graduation
Addressed JAG Reserve Conference
Discovery under the Federal Rules of Civil Procedure
Rent and Price Controls
Orientation Visit
The Role of the Government Attorney in the Civilian Personnel Process
126
Mr John Norton Moore Counselor on International Law Office of the Legal Advisor Department of State
Mr Anthony L Mondello General Counsel U S Civil Service Commission Washington D C
Hon Robert Morgan Attorney General North Carolina
LTC James A Mounts JAGC Chief Personnel Claims Division U S Army Claims Service
Professor Gerhard OW Mueller School of Law Criminal Law Education and
Research Center New York University
Hon Tim Murphy Judge of the Superior Court of the District of Columbia
Colonel Abraham Nemrow AUS (Ret) Clerk of the Army Court of
Military Review U S Army Judiciary
LTC James E Noble JAGC Chief Patents Division OTJAG
LTC Matthew B ODonnell JAGC Defense Appellate Division OTJAG
Colonel Oliver E 0 Kier MPC Commandant U S Disciplinary Barracks Fort Leavenworth Kansas
The Use of Force in U S Foreign Policy
Civil Service Commission
Addressed JAG Conference
Personnel Claims Act A Modern Approach
Alternatives to Imprisonment
The Sentencing Function of the Trial Judge
Pretrial Advice and Common Errors Post Trial Review and Common Errors Administrative Errors in Records of Trial
Patents and Technical Data
Military Justice and Race Relations
Corrections and Rehabilitation in the Army Panel
127
MG Harold E Parker USA The Assistant Judge Advocate General
Major Theodore B Paterson U S Army Correctional Training
Facility Fort Riley Kansas
Captain B Raymond Perkins USNR Officer in Charge U S Navy-Marine Corps Judiciary
Activity OTJ AG Department of the Navy
Mr C Norman Poirier Deputy General Counsel Commission on Government
Procurement
Mr Herman L Pollock Executive Director Public Defender Project Supreme Court of Pennsylvania
Mr S J Pomrenze Chief Office Management Division Administrative Services Directorate OT AG Department of the Army
LTC Robert W Poydasheff JAGC Chief Civilian Personnel Law Division OTJ AG
MG George S Prugh USA The Judge Advocate General Department of the Army
Mr Rouhollah K Ramazani Professor of Government and
Foreign Affairs University of Virginia
Addressed Graduation Exercises of the 65th 66th 67th and 68th Basic Classes Conducted Advanced Class Seminar
Armed Services Correctional Program
Records Reports and Administration Panel Relationship of Counsel Decorum and Judicial Responsibilities
Government Procurement Commission Report
Functions of Defense Counsel
The Current and Future Status of the Army Records Management Program
Civilian Personnel Law and Labor-Management Relations
Conducted Advanced Class Seminar
Traditional Law and Foreign Influences in the Islamic World
128
MG Lloyd B Ramsey USA The Provost Marshal General
LTC Philip N Reed INF U S Army Civil Affairs School U S Army Institute for
Military Assistance Fort Bragg North Carolina
RADM Horace B Robertson Jr JAGC USN
Deputy Judge Advocate General of the Navy
Captain John H Rodgers JAGC Office of the Staff Judge Advocate Office of the Surgeon General
Mr Joseph H Rouse U S Army Claims Service
Dr Jesse G Rub in President Psychiatric Institute Foundation Washington D C
Professor Helmut Rumpf Office of the Legal Advisor Foreign Office Federal Republic of Germany
Captain Nicholas Sabalos USN Office of the Director J oint Staff Joint Chiefs of Staff
Mr Harry M Saragovitz Assistant General Counsel Army Materiel Command
Mr Arpiar Saund ers Attorney National Prison Project Washington D C
Addressed the 21st Advanced Class
U S Civil Affairs Orientation
U S Navy Military Judge
Family Planning Panel
Federal Tort Claims Act Injury Evaluation
Psychiatric Evaluations
Mutual Collective Security of United States and Germany
Joint Chiefs of Staff On-Going Agreements Military Implementation of the Law of War
Weapons Systems Acquisition and Technical Data
Prisoners I Rights
129
Mr John Schulz Editor-in -Chief Military Law Reporter The Public Law Education Institute Washington D C
Major David H D Selwood Deputy Assistant Director of
Army Legal Services Ministry of Defence United Kingdom
Mr Thomas Sheck ells Manager of Federal Agreements Environmental Protection Agency
Mr Paul Shnitzer Office of the Comptroller General
Colonel James E Simon JAGC Staff Judge Advocate U S Army Training Center Fort Dix New Jersey
Mr Curtis Smothers Acting Deputy Assistant Secretary
of Defense for Equal Opportunity
Mr Richard C Solibakke Chairman Armed Services Board of
Contract Appeals Department of Defense
Mrs Goody L Solomon Executive Editor Office of Consumer Services Department of Health Education
and Welfare
Outsiders View of Military Litigation
Northern Ireland Situation
Environmental Law
Problems in Award of Negotiated Contracts
Conducted Advanced Class Seminar
Race Relations Consideration of onshygoing Defense and Army Educational Programs to Improve Race Relations and the use of Off-Post sanctions in CONUS and Overseas
Contract Claims and Litigation Boards of Contract Appeals
Consumer Protection Panel
130
Mr Michael R Sonnenreich Deputy Chief Counsel Bureau of Narcotics and Dangerous Drugs Department of Justice
Mr William H Speck Associate Counsel Naval Facilities Engineering Command
Mr Richard E Speidel Henry L and Grace Doherty
Professor of Law University of Virginia
RADM Merlin H Staring USN The Judge Advocate General U S Navy
Mr Jack Stempler General Counsel Department of the Air Force
Major Frank Stone International Affairs Division OTJAG
Mr John H Sud a Assistant Corporation Counsel Government of the
District of Columbia
Mr Paul Summers Trust Officer Citizens Bank amp Trust Company Charlottesville Virginia
Major William K Suter JAGC Assistant for Plans Personnel Plans amp Training Office OTJAG
Colonel Warren L Taylor JAGC SJ A Fifth United States Army Fort Sam Houston Texas
Drug Abuse Control
The Governments Perspective Concerning Construction Contract Performance Problems
Role of the GAO in the Bid Protest Procedure
Cond ucted Ad vanced Gass Seminar
Orientation Visit
The Status of Military Forces in Japan Korea and Germany
Motion Practice under the Federal Rules of Civil Proced ure
Investment Counseling
Plans Programs and Training
Conducted Advanced Class Seminar
131
Colonel Joseph N Tenhet Jr JAGC Special Assistant to TJAG OTJAG
Mr Charles Terry Attorney at Law Morristown Tennessee
LTC James F Thornton Jr JAGC Staff Judge Advocate U S Army Garrison Fort Campbell Kentucky
Rev David Turner Pastor St Marks Lutheran Church Charlottesville Virginia
Dean George A Van Hoomissen National College of District Attorneys University of Houston
Mr Paul B Walter School of Law University of Virginia
Captain John Whalen JAGC U S Army Claims Service
Colonel Frederick Bernays Wiener AUS (Ret)
Washington D C
BG Lawrence H Williams USA Assistant Judge Advocate General
for Military Law
Mr Raymond 1 Williams Executive Secretary Army Board for Correction of
Military Records
Final J A Operations in Vietnam
Anatomy of a Trial
Conducted Advanced Class Seminar
Family Law Panel
Functions of Prosecution
Understanding your Client
Federal Tort Claims Act Injury Evaluation
Some Historical Aspects of Military Law
Conducted Advanced Class Seminar
Policies and Procedures of the Army Board for the Correction of Military Records
132
Colonel Wade H Williamson JAGC Chief Administrative Law Division OTJAG
Mr Adelbert K Wnorowski Raphael amp Wnorowski Amsterdam New York
Dr Nathan Wolkomir President National Federation of Federal Employees
Colonel John A Zalonis JAGC Chief Legal Assistance Office OTJAG
Current Problems in the Personnel Area
Grievances and Arbitration
Union Viewpoint of the Federal Labor-Management Relations Program
Update on Current Status and Future Plans for the Pilot Legal Services Program
133
APPENDIX M
ARTICLES BY STAFF AND FACULTY MEMBERS
Colonel John Jay Douglass High Command Case A Study in Staff and Command Responsibility The International Lawyer Vol 6 No4 (Oct 1972)
Lieutenant Colonel John L Costello Book Review Great Court-Martials 59 Military Law Review 233 (1973)
Major James R Coker Book Review The International Law of Civil War 59 Military Law Review 239 (1973)
Major James R Coker Book Review The Death of the Army-A Pre-Mortem Fordham Law Review
Major James R Coker The Status of Visiting Military Forces in Europe A Treatise on International Criminal Law (Bassiouni amp Nanda Ed) Vol II (CCThomas Illinois 1973)
Major James A Endicott Jr New Approach to Military Law Instruction 738 Army ROTC Education Commentary lA (1973)
Major James A Endicott Jr Decision Making and the Court-Martial Cases 45 The Judge Advocate Journal (1973)
Major James A Endicott Jr Claims Against the United States 9 Law Notes 17 (1972)
Major Francis A Gilligan Issues Raised by Military Warrants The Army Lawyer Vol 2 No 8 (August 1972)
Major Francis A Gilligan Inspections The Army Lawyer Vol 2 No 11 (November 1972)
Major Francis A Gilligan Eyewitness Identification 58 Military Law Review 183 (1972)
Major Francis A Gilligan Probable Cause and the Informer 60 Military Law Review 1 (1973)
Major J J McGowan Sr SJA Spotlight--Iran The Army Lawyer Vol 2 No 10 (Oct 1972)
135
Major Paul Jackson Rice Military Dissent The Army Lawyer Vol 3 No2 (Feb 1973)
Captain Bernard R Adams Eminent Domain Police Power and Urban Renewal Compensation for Interim Depreciation in Land Values 7 Georgia Law Review 226 (Winter 1973)
Captain Stephen L Buescher The Court of Military Appeals A Survey 59 Military Law Review 129 (1973)
Captain Edward J Imwinkelried The New Federal Rules of Evidence The Army Lawyer Vol 3 No4 (April 1973)
Captain Edward J Imwinkelried The New Federal Rules of Evidence Part II The Army Lawyer Vol 3 No5 (May 1973)
Captain Jack F Lane Jr The Undesirable Discharge--Administrative Tool or Back-Door Court Army Vol 22 No 11 (Nov 1972)
Captain Jack F Lane Jr Classification Promotion and Racial Discrimination The Army Lawyer Vol 3 No5 (May 1973)
Captain Jordan 1 Paust My Laiand Vietnam Norms Myths and Leader Responsibility 57 Military Law Review 99 (1972)
Captain Jordan 1 Paust Law in a Guerrilla Conflict Myths Norms and Human Rights III Israel Yearbook
Captain Jordan J Paust The Nuclear Decision in WWII Trumans Ending and Avoidance of War International Lawyer (1974)
Captain Jordan 1 Paust Comment on Command Responsibility 25 Naval War College Review (Jan-Feb 1973)
Captain Jordan J Paust Human Rights Human Relations and Overseas Command The Army Lawyer Vol 3 No I (Jan 1973)
Captain Donald N Zillman In-Service Conscientious Objection 10 San Diego Law Review (1973)
Captain Donald N Zillman The Court of Military Appeals A Survey 59 Military Law Review 129 (1973)
136
Captain Donald N Zillman Armed Services the 5th Circuit 21 Mercer Law Review (1972)
Captain Donald N Zillman Recent Development Environmental Law 57 Military Law Review 203 (1972)
Captain Donald N Zillman Involuntary Activation of Reservists The Army Lawyer Vol 2 No 10 (Oct 1972)
137
APPENDIX N
VISITS TO RESERVE UNITS - FY 1973
I JAG DETACHMENTS
9th Cleveland Ohio 7 Feb 1973 213th Atlanta Georgia 17 Feb 1973 155th 42d Pitt sburgh Pennsylvania 19 Feb 1973 153 157th Philadelphia Pennsylvania 20 Feb 1973 10th Washington D C 21 Feb 1973 3d Boston Massachusetts 22 Feb 1973 12th Columbia South Carolina 23 Feb 1973 78th Los Angeles California 27 Feb 1973 20th Dallas Texas 28 Feb 1973 173d Birmingham Alabama 2 Mar 1973 8th Kansas City Kansas 5 Mar 1973 139th Cincinnati Ohio 6 Mar 1973 148th Columbus Ohio 7 Mar 1973 4th New York New York 8 Mar 1973 7th Chicago Illinois 10 Mar 1973 81 st San Diego California 14 Apr 1973 I 20th Denver Colorado 28 Apr 1973 2d New Orleans Louisiana 30 Apr 1973 9th Cleveland Ohio I May 1973 106th Detroit Michigan 2 May 1973 162d Richmond Virginia 6 May 1973
II USAR SCHOOLS
(Visits required by Annex AL CON Reg 350-1)
Richmond USAR School 29 May 1973 Norfolk USAR School 19 May 1973
139
III J1l
Miami USJR School Phase II BOJC
South Charleston USJR School
Seattle USJR School 99th JJG Detachment l62d JJG Detachment
121 st JJG Detachment 20th JJG Detachment 2l0th JJG Detachment
89th JJG Detachment l73d JJG Detachment l55th JJG Detachment
35th JJG Detachment
Livonia USJR School
Hattiesburg Mississippi
Fort Ritchie Maryland
Reno Nevada Joliet Msenal Illinois HQ Electronics Command
Fort Monmouth N J Redstone Msenal Jlabama Rock Island Jrsenal Illinois White Sands Missile Range
New Mexico Fort Huachuca Mizona Huntsville Jlabama MllMllS Brooklyn and MllMllS
Bayonne llerminal Jviation Systems Command
St Louis Missouri DePere Wisconsin
18-20 Jul 1972
6-7 Jug 1972
8-9 Jug 1972 18 Jan 1973 7-8 Mar 1973
25 Jpr 1973 7 May 1973 16 May 1973
17 May 1973 18 May 1973 21-22 May 1973
7-8 Jun 1973
17-18 Jun 1973
140
APPENDIX 0
LECTURES GIVEN OUTSIDE TJAGSA
COL John Jay Douglass Chaplains School Fort Hamilton New York
COL John Jay Douglass Fort Gordon Georgia
COL John Jay Douglass Richmond Virginia Chapter of The Military Order of the World Wars
COL John Jay Douglass Defense Information School Fort Benjamin Harrison Ind
COL John Jay Douglass Finance School Fort Benjamin Harrison Ind
COL John Jay Douglass Naval Justice Seminar Coronado Beach California
COL John Jay Douglass Sergeants Major Academy Fort Bliss Texas
LTC David A Fontanella Ft McClellan Alabama
LTC David A Fontanella Ft Benning Georgia
LTC David A Fontanella Ft Rucker Alabama
FISCAL YEAR 1973
Civil Law Problems and the Chaplain
Presented Opening Remarks to Phase 1shy67th Basic Class
Military Law Today
The Serviceman and the Bill of Rights
Current Developments in Military Law
TJ AGSA and the Training of J AGC Reserves
Military Justice
Civil Law Update
Civil Law Update
Civil Law Update
141
LTC David A Fontanella Army and Air Force Senior ROTC Gasses University of Virginia Charlottesville Virginia
LTC David A Fontanella Chaplains School Ft Hamilton New York
LTC David A Fontanella U S Army War College Carlisle Barracks Pa
LTC David A Fontanella U S Army War College Carlisle Barracks Pa
LTC David A Fontanella U S Army War College Carlisle Barracks Pa
LTC David A Fontanella U S Army War College Carlisle Barracks Pa
MAJ James R Coker Fort Lee Virginia
MAJ James R Coker Fort Bragg North Carolina
MAJ James R Coker USAIMA Fort Bragg North Carolina
MAJ James R Coker Staunton Military Academy Staunton Virginia
MAJ James R Coker Valley Forge Pennsylvania
Military Personnel Law
Military Personnel Law
Challenges to Command
Military Personnel Law
Gairns and Litigation
Challenges to Command
The Law of War in Modern Armed Conflict
The MAAG Mission and the Law of War
Law of War and CivilMilitary Operations
Introduction to the Laws of WaI
The Rule of Law in Warfare
142
MAJ Francis A Gilligan Army War College Carlisle Barracks Pa
Constitutional Rights and Article 15
MAJ Nancy A Hunter Hofstra University and Law School Hempstead New York
bull Women in the Military
MAJ Jack F Lane Jr Army and Air Force Senior ROTC Classes University of Virginia Charlo ttesviIle Virginia
Boards of Officers and Administrative Law
MAJ James J McGowan Fort Eustis Virginia
Law of Modern Armed Conflict
MAJ Fort
James 1 McGowan Eustis Virginia
The Law of War in Modern Armed Conflict
MAJ Paul J Rice Washburn University of Topeka School of Law Topeka Kansas
JAGC Orientation
MAJ Paul J Rice University of Kansas School of Law Lawrence Kanssa
JAGC Orientation
MAJ Paul J Rice University of MissourishyKansas City School of Law Kansas City Missouri
JAGC Orientation
MAJ Paul 1 Rice University of Missouri-shyColumbia School of Law Columbia Missouri
JAGC Orientation
MAJ Paul J Rice St Louis University School of Law St Louis Missouri
JAGC Orientation
143
MAJ Paul J Rice Washington University School of Law St Louis Missouri
MAJ Paul J Rice Pre-Law Advisors from the State of Virginia University of Virginia Charlottesville Virginia
MAJ Paul J Rice U S Army War College Carlisle Barracks Pa
CPT Bernard R Adams Army Reserve Unit Cherry Avenue Charlottesville Virginia
CPT Ronald C Griffin Rutgers University Camden New Jersey
CPT Ronald C Griffin University of Oregon Eugene Oregon
CPT Jan Horbaly Army ROTC University of Virginia Charlottesville Virginia
CPT Jan Horbaly Reserve CampGS Training Charlottesville Virginia
CPT Edward J Imwinkelried Army ROTC University of Virginia Charlottesville Virginia
CPT W H Parks USMC NROTC University of Virginia Charlottesville Virginia
JAGC Orientation
Career Opportunities in the JAG Corps
Military Installations and the Authority of the Commander
Drug Abuse Control
Civil Rights in the Military
Consumer Protection The Soldiers and Sailors Civil Relief Act
Introduction to Military Justice
Introduction to Military Justice
Article 15
Introduction to Military Justice
144
ANNUAL REPORT 1972-1973
The Judge Advocate Generals School US Army
Charlottesville Virginia 22901
THE JUDGE ADVOCATE GENERALS SCHOOL UNITED STATES ARMY
CHARLOTTESVILLE VIRGINIA
FOREWORD
The Staff and Faculty of The Judge Advocate Generals School may justly look back upon 1972-73 as a year of outstanding accomplislunent and more importantly a year during which the School prepared for even greater growth and achievement
The reorganization of the Army resulted in the assignment to the School of the development and doctrinal missions of the Combat Developments Command Judge Advocate Agency thus consolidating all such endeavors under one command The School reorganized to incorporate this new function and the opportunity was taken at that time to modernize the entire organizational structure to make it more rational and more responsive to the requirements of the missions of the School
A second new mission given to the School was that of greater participation in the training of Judge Advocate Generals Corps Reserve Component personnel This program will go into effect in the coming academic year and is designed to insure a One Army approach to Judge Advocate education
Having long advocated the joint-service concept of military legal education the School this year undertook significant steps towards its attainment
For many years the facilities of the School have been inadequate With the increasing number of courses being offered and more persons than ever before desiring to attend them the School has been required to utilize additional facilities of the University and the civilian community Significant steps were taken this year to alleviate this situation Plans for the new school building were completed the ground was broken and construction has begun
As we enter into the post-war era the need for more informed and better educated judge advocates has not decreased We look forward to the challenge of educating military lawyers by continuing to build upon the strengths of past accomplishments
~A~UGL Colonel ~~2 Commandant
ANNUAL REPORT Fiscal Year 1973
TABLE OF CONTENTS
FOREWORD
CHAPTER I ADMINISTRATION AND ORGANIZATION
Section 1 History of The Judge Advocate Generals School 1 Section 2 Office of the Commandant 3 Section 3 Reorganization of the School 5 Section 4 Board of Visitors 7 Section 5 Allied Officer Program 11 Section 6 Interagency Education 15
CHAPTER II ACADEMIC DEPARTMENT 17
Section 1 Function and Organization 17 Section 2 Judge Advocate Officer Advanced Course 21 Section 3 Judge Advocate Officer Basic Course 31 Section 4 Resident Continuing Legal Education Courses 35 Section 5 Nonresident Instruction 39 Section 6 Paraprofessional Courses 41
CHAPTER III CONFERENCES VISITORS AND SEMINARS 45
Section 1 JAG Conference 45 Section 2 Judge Advocate Generals Reserve Conference 47 Section 3 National Guard Judge Advocate Generals Conference 49 Section 4 Speakers and Visitors 51 Section 5 Race Relations Seminar 55
CHAPTER IV DEVELOPMENT DOCTRINE AND LITERATURE 57
CHAPTER V PUBLICATIONS 59
CHAPTER VI RESERVE AFFAIRS 61
CHAPTER VII PROFESSIONAL ORGANIZATIONS AND 65 DEVELOPMENT
CHAPTER VIII BUILDINGS AND SUPPORT ACTIVITIES 71
Section 1 Buildings 71 Section 2 Support Activities 73
iii
APPENDICES
A Organizational Roster of School
B Background Information on Officer Personnel
C Allied Officer Students
D Courses Conducted (Fiscal Year 1973)
E Courses Scheduled (Fiscal Year 1974)
F Thesis Topics and Scope Notes 21 st Advanced
G Guest Members Thesis Evaluation Committees 21st Advanced Class
H Graduates 21st Advanced Class
I Academic Awards 21 st Advanced Class
J Basic Class Graduates
K Basic Class Academic Awards
L Guest Speakers and Visitors
M Articles by Faculty Members
N Visits to Reserve Units
O Lectures Given Outside TJAGSA
Class
79
83
91
93
95
97
107
109
111
113
117
119
135
139
141
iv
CHAPTER I
ADMINISTRATION AND ORGANIZATION
Section I
History of The Judge Advocate Generals School
Judge advocates have served the United States Army since 1775 but no effort was made to provide them with formal training in military law until the opening days of World War II
The Home of the Military Lawyer began on a temporary basis in February 1942 at the National University Law School (now part of the National Law Center of the George Washington University) Washington DC In August 1942 operations were transferred to the University of Michigan Law School in Ann Arbor where Colonel Edward H Young J AGC was the Commandant In the following months hundreds of officers were trained at Ann Arbor and by June 1944 over two-thirds of the active duty strength of the Judge
UllilJcrsity uf AliclziJan Law School
Advocate Generals Corps were graduates of the School Colonel Reginald C Miller JAGC became the Commandant in December 1944 The end of the war substantially reduced the need for trained military lawyers and in 1946 the School was deactivated
A 1946 study on the administration of military justice recommended that provisions be made for the training of Army lawyers in military law and plans were soon being prepared in the Office of The Judge Advocate General to implement the recommendation The passage of the Uniform Code of Military Justice and the Korean conflict accentuated the need for judge advocate training facilities As a consequence The Judge Advocate Generals School was activated at another temporary training facility at Fort Myer Virginia again under the guidance of Colonel Young Approximately 200 officers attended several five-week courses in basic military law taught by five officer-instructors
By this time the decision had been made to establish The Judge Advocate Generals School as a permanent branch service school It was decided to locate the School within 200 miles of Washington but sites as far away as Fort Crockett Texas and Fort Rodman Massachusetts had been considered In the spring of 1951 a survey was made of the facilities offered by the University of Virginia and on 2 August 1951 the present Judge Advocate Generals School was established on the Grounds of the University of Virginia
Previous Commandants
Colonel Charles L Decker 2 August 1951-14 June 1955
Colonel Nathaniel B Rieger 15 June 1955--1 March 1957
Colonel John G OBrien 1 March 1957--13 May 1961
Colonel John FT Murray 1 July 1961-31 December 1964
Colonel John W Burtchaell 1 January 1965--30 June 1966
Colonel Lewis F Shull 25 July 1966-3 September 1967
Colonel Kenneth C Crawford 3 September 1967-1 June 1970
COL Edward H Young JACC
2
Section 2
Office of the Commandant
The Commandant is the Commander of The Judge Advocate Generals School
U S Army a field oper~lting agency of the Office of the Judge Adv0Cltc Gencnl He
is responsible for the accomplishment of the mission of the School which includes the
personnel and logistic support functions undertaken at the School by assigned personnel
The Commandant exercises special court-martial jurisdiction He is in effect a law school dean a post commander a law book editor and publisher a research director and the
career management ~lIId training officer for all JAGC reservists
During the year the Schools second academic chair was established in honor of
the first Commandant of The Judge Advocate Generals School who served as such during
both World War II and the Korean conflict The Colonel Edward H Ham Young Chair
C()L bzlau H YOInu ([Smiddotl f~ct i
slwakillg dt (cdicution cercllOnics for tlC LcUdrd H Hmz YOIng ClUlir of Iilitdrv poundo((u ilcation
3
of Military Legal Education is occupied by Colonel John Jay Douglass Commandant of the School Each honorary chair established at the School is associated with an annual lecture of the same name the first Edward H Young lecture was presented by Delmar Karlen of the Institute of Judicial Administration New York
Prof Delmar Karlen
COL Douglass and Mrs Towsey
4
Section 3
Reorganization of the School
In February 1973 the School underwent its first major reorganization since 1956 While this coincided with a major Army reorganization the main purpose of the School reorganization was to divide School missions along functional lines among the various departments Highlights of the reorganizations are
(I) Office of the Commandant The new position of Assistant Commandant for Reserve Affairs and Special Projects was created to provide policy control for the JAGC Reserve program on behalf of The Judge Advocate General of the Army Responsibilities include training management for J AGC units personnel management at the Department of the Army level and coordination of the training of individual JAGC Reserve component members This office replaces and expands on the former Reserve Affairs Department with certain operating functions transferred to the Academic Department
(2) Academic Department The Academic Department retains its former functions with the addition of an Office of Nonresident Instruction The Office of Nonresident Instruction oversees on behalf of the Director the Schools responsibilities for U S Army Reserve Schools correspondence courses ROTC instructional materials military law instruction at other service schools instruction in military law in Army units and the newly assigned mission on-site instruction for J AGC officers in Reserve component units The current faculty augmented by six new members will present the on-site instruction
(3) Development Doctrine and Literature Department This Department performs the newly assigned combat development mission (acquired upon the abolition of the Judge Advocate Agency Combat Developments Command) and continues certain functions of the former Plans and Publications Department Included in the mission of the new Department is the publication of the Military Law Review The Army Lawyer and the Judge Advocate Legal Service Two new positions were created for Combat Development and for Professional Development and Liaison The latter position has the responsibility for liaison with the American Bar Association the Federal Bar Association the Judge Advocates Association and other bar goups throughout the United States
(4) Office of the School Secretary All administrative and logistical support functions have been placed in the Office of the School Secretary In addition to the existing functions of personnel management (Adjutant) services and logistics there has been added
5
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Section 4
Board of Visitors
A Board of Visitors has been appointed pursuant to Executive Order No 11007 and AR 15-1 to insure that the high standards of the School are maintained and to assist in the determination of areas requiring improvement The Board composed of leading civilian practitioners and legal ed Llcators examines the varied operations of the School and sums up its findings with criticisms and recommendations in a report submitted at the end of its inspection During the past year Colonel Van Benschoten was made an honorary member of the Board and Mr Richard E Wiley was appointed as a regular member
The Board met as a group from 10 to 13 April 1973 and re-elected Colonel Deutsch as its Chairman Colonel Deutsch Colonel Van Benschoten Colonel Finger Professor McDougal Professor Reed and Commissioner Wiley were present and undertook an inspection of the School Colonel Benjamin HO Schleider Jr J AGC USAR an attorney in Houston Texas served as the Recorder
Briefing of Board of Visitors
7
Eberhard P Deutsch Attorney at Law arid senior partner of the law firm of Deutsch Kerrigan and Stiles New Orleans Louisiana Editor-in-Chief of the American Bar Association publication The International Lawyer Colonel United States Army Reserve (Retired) and Civilian Aide to the Secretary of the Army from Louisiana
John H Finger Attorney (It Law San Francisco Califorllia and senior partner of the law finn of Finger Brown and Abramson past president of the California Bar Association Colonel United States Army Reserve (Retired) the JlI dge Advocate Generals Corps
Myres S McDougal Sterling Professor of Law The Yale Law School New Haven Connecticllt former president of the Association of American Law Schools
8
Honorable Alfred P Murrah Director Federal judicial Center Senior jude and former Chief judge 10th Circuit US Court of Appeals
john W Reed Ann Arbor Jvlichigan Professor of Law The University of Michigan Law School and Wayne State University Law School Director The Institute of Continuing Legal Education former Dean of the University of Colorado School of Law
Honorable Richard E Wiley Commissioner Federal Communications Commission former General Counsel Federal Communications Commission former Chairman of the Young Lawyers Section of the American Bar Association former partner in the firm of Burditt and Calkins Chicago Illinois former Captain in the judge Advocate Generals Corps US Army
9
Birney M Van Benschoten Attorney at Law New York City General Counsel for American Overseas Petoleum Ltd [Caltex Group J Colonel United States Army Reserve (Retired) the Judge Advocate Generals Corps Honorary Member of Board of Visitors
Following its visit the Board submitted its report containing the following comments and conclusions
a The Board was highly impressed with the efficient organization of the School The Commandant of the School is a highly energetic well-motivated and farsighted educational leader who without question has a high degree of cooperation and support at all levels of the staff and faculty The School is a credit to the Corps
b The Board believes it is an important role of the School to continue its present practice of constantly reviewing its curriculum and objectives Of necessity some of the educational missions of the School must be concerned with how-to-do-it courses and as is recognized by the School it is also important to have an academic environme1t to give it the quality of graduate-type curriculum
c It is believed by a majority of the Board that continued use of the thesis program is an important element in furthering the balance of practical instruction and purely academic thinking Consideration should be given to reorienting the thesis program toward longer range problems that may confront the military legal profession in the future rather than present problems
d The objective of increasing the variety of elective courses of students in the Advanced Course is highly desirable and should be continued and expanded to the extent feasible
e A specific compliment must be paid to the Librarian of the School for her diligent work in the cataloging and development of the acquisition plan of the Library Tremendous improvement has been seen in this one area and a tremendous amount of obvious hard work should not go unnoticed
10
Section 5
Allied Officer Program
Allied Officer Students During Fiscal Year 1973 the Judge Advocate Generals School was privileged to have as students in the 21 st Advanced Course and the 66th Basic Course allied officers from the United Kingdom Iran Jordan Pakistan and the Philippines See Appendix C
The Allied Officers received the same instruction took the same examinations and submitted written papers and theses as did their American colleagues These requirements indicate the high level of fluency in both the written and spoken aspects of the English language that these officers had achieved prior to their arrival at the School
During their stay the Allied Officers were escorted on tours of Jamestown Williamsburg and Norfolk In addition Allied Officers attending the 21 st Advanced Course
COL Fillton with LTC Ridao of the Philippines Squadron Leader Anwar of Pakistan and ivlA] Tehrali
of [ran Members of the 21st Advanced Class
1 I
Mrs Tehrani assists COL Douglass in Promoting MAJ Tehrani
Dean Monrad C Paulsen of UVA Law School visits with LTG Modares and MC Behzadi
12
wcrl cscorted on a DCSOPS Orientation Tour
or Washington DC for a one-week period
illlied Officer Gua dUC Visits On
2 November 1972 the annual banquet
honoring the Allied Officers was held at the
Monticello Hotel Distinguished guests
included The Judge Advocate General
LTG Modares Chief of the Iranian Judicial
Department and MC Behzadi Prosecutor
Ceneral Imperial Iranian Armed Forces
Other distinguished allied officers were
gucsts of the School for orientation visits
during the period covered by this report See
Appendix L
IvJAj Selwood (UK) 66th Basic Class
Allied Officer Gala
13
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Section 6
Interagency Education
The School continued this year to provide legal education to personnel from the other services and agencies within the Federal Government During the year our courses were attended by 48 Navy and Marine Corps officers 49 Air Force officers and 138 civilian employees of the Government from the Department of the Interior NASA the Atomic Energy Commission the U S Postal Service GSA FAA U S Water Resources Council the Department of Transportation GAO NSA the Department of Agriculture SBA ACTION USIA and the Army-Air Force Exchange System Our Basic Course provides the introduction to service oriented law for all of the Coast Guard legal officers and we provide a source of further education for the Coast Guard with our specialized programs
Coast Guard Officers and their Ladies at Basic class Reception
15
Captain William H Parks USMC a member of this years 21st Advanced Oass will be remaining at the School to join our faculty in the international and criminal law fields
Throughout the year the exchange of ideas methods and experience which was made possible by the inter-agency utilization of the School has been of immense value to all of the personnel and organizations involved
Representing the Women Attorneys in Uniform at T]AGSA
LT Dufford user (Basic class) CPT Casper USA (Basic Class) CPT Plaut USA (Basic Class) MA] Hunter USA (Faculty)
CPT Albertson USMC (Adv Class)
CMDR Cassani USCG Presents Basic class Diploma to LT Winona G Dufford USCG
CPT William H Parks US Marine Corps Representative on T]AGSA Faculty Teaching a class
in International Law
16
CHAPTER II
ACADEMIC DEPARTMENT
Section 1
Function and Organization
The Academic Department develops and conducts the Schools instruction for judge advocates in the active forces and Reserve Components Resident courses include the Judge Advocate Officer Basic Course an introductory course in military law for judge advocates initially entering active service and the Judge Advocate Officer Advanced Course which provides an academic year of graduate level study in military law and related fields During the year the department presents several specialized continuing legal education courses ranging from one to three weeks in length These include courses in military justice procurement law international law military personnel and administrative law law relating to military installations legal assistance claims litigation and environmental law Federal civilian employee law and a military judge course designed to qualify judges for the military judiciary The student body includes active duty and Reserve Component judge advocates of the Army Navy Air Force Marine Corps and Coast Guard civilian attorneys employed by the Federal Government and judge advocates from foreign countries The department also offers courses for warrant officer legal administrative technicians and enlisted legal clerks such as a Law Office Management Course the Noncommissioned Officer Educational System (NCOES) Advanced Course and courses for the training of paralegal assistants for military lawyers A three-day Senior Officers Legal Orientation is presented to brigade and installation commanders and other senior line officers In addition the department is responsible for all COL William S Fulton Jr of the Schools nonresident instruction Director Acade mic Department
17
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including the preparation and administration of extension courses the preparation of training material for judge advocates attending United States Army Reserve Schools or serving in Reserve Component units and the presentation of on-site instruction to Reserve Component unit judge advocates at their home stations
During the Fiscal Year 1973 36 resident courses were conducted with 1268 students in attendance Of the 998 Army officers attending courses 783 were active duty
LTC David A Fontanella Chief Civil Law Division
personnel and the remaining were reserve component officers Courses conducted during Fiscal Year 1973 appear at Appendix D Courses scheduled to be conducted during Fiscal Year 1974 are set forth in Appendix E
The official source of infonnation concerning courses of instruction at all Army service schools including The Judge Advocate
LTC Hugh R Overholt Chief Criminal Law Division
Generals School is the US Army Formal Schools Catalog (Department of the Army Pamphlet 350-10) That catalog provides detailed information for staff officers commanders and personnel officers who are concerned with the selection of individuals for school attendance for commissioned officers both active and reserve of the armed forces and all civilian employees of the Government who are interested in attending particular courses and for others who may MAl James R Coker wish to acquaint themselves with the Armys Cllie ICL Division
19
training opportunities In addition Army regulations govern related matters such as attendance by military personnel from foreign countries Quotas for the courses mentioned above except for the Military Judge Course and the Warrant Officers Course may be obtained through usual command channels Quotas for the Military Judge Course are controlled by the U S Army Judiciary in Washington DC Particular inquiries concerning quotas may be addressed to the Commandant The Judge Advocate Generals School US Army Charlottesville Virginia 22901
The organization of the department includes Civil Law Criminal Law International and Comparative Law and Procurement Law Divisions The School is fortunate to have a highly qualified and exceptionally well-motivated faculty The average tenure of the faculty member is three years with an absolute minimum of two full academic years The majority of the faculty has had graduate legal training with some members of the faculty having graduate training in other disciplines An important adjunct member of the faculty is the Schools Educational Advisor Dr John Sanderson Assistant Dean University of Virginia School of Education Dr Sanderson serves as a consultant on a variety of educational problems at the School with primary emphasis on methods of testing and teaching
A Deputy Director for Nonresident Instruction will coordinate Department efforts in the area of military legal instruction for ROTC in other service schools and in the USAR schools He will also coordinate and administer the Schools extension correspondence course program The on-site instruction program will be administered by the Deputy Director for Nonresident Instruction in coordination with the Assistant Commandant for Reserve Affairs
MAJ Richard E Mowry Dr Jolm A Sandcrsoll Chief Procurement Law Division Edlcati01lal Advisor
20
Section 2
Judge Advocate Officer Advanced Course
GClZcral This course offers an academic year of graduate study in all areas of military legal practice Highly qualified judge advocates of the Armed Forces of the United States and allied nations are selected to attend
The Advanced Course is designed to provide an opportunity for experienced judge advocates to renew the study of legal principles in an academic atmosphere The students are encouraged to apply modern legal theory to the problems arising in military settings thus preparing them to be more effective legal advisors to high-level military commanders and to assume positions of substantive responsibility in the offices of The Judge Advocates General
All students take the core curriculum of the four disciplines presented at the ScJh)ol--criminal law civil law international law and procurement law Supplementing
An Afternoon with a General Officer NIG Prugh in an informal seminar with members of Advanced Class
21
the core curriculum are electives presented by the University of Virginia and by the School
Successful completion of the course requires submission of a thesis of graduate level quality which makes a substantial contribution to military legal scholarship A thesis evaluation committee composed of the thesis advisor guest member and School representative grade each paper hear the oral presentation of the thesis by the student and examine the student orally following his presentation Thesis topics and scope notes of members of the 21 st Advanced Class may be found in Appendix F Guest members of the thesis evaluation committees are listed in Appendix G
Additional features of the Advanced Course include the newly instituted program of afternoon discussions with general officer judge advocates and practicing field staff judge advocates and full participation in the Schools conference programs The Advanced Class students have the opportunity to see international law and diplomacy in action when they travel to New York City for a visit at the United Nations During the three-day tour the class receives detailed briefings from the United States United Nations and foreign diplomats and legal advisors The students are given a complete tour of the UN Headquarters A trip to Washington D C provides class members an opportunity to be admitted to practice before the Supreme Court of the United States visit congressional hearings observe proceedings of administrative agencies and receive an orientation at the US Army Judiciary where class members may be admitted to the bar of the US Army Court of Military Review
S PRESENTED BY 21ST ADVANCED CLASS
1972-73
Plltlquc Syilluoliilli2 the 21st Advanced Class Gift of
Trees for Courtyard of NcUJ JAG School Building
22
Shortly after locating at the University of Virginia the quality of The Judge Advocate Generals School Advanced Course Program was brought to the attention of the American Bar Association A detailed inspection of the School by ABA represen ta tives was concl ucted anel 0 n 22 February 1955 the School was accredited by the ABA and its Advanced Course deemed worthy of the Master of Laws degree This accreditation was reaffirmed after a three-day inspection of the JAG School in March 1971
The 21st Advanced Class began on
28 August 1972 with 43 students 111 LTC Loftus Class Leader attendance 35 US Army Judge Advocates 1 US Navy Judge Advocate 4 US Marine Corps Judge Advocates 1 officer from Pakistan 1 officer from the Philippines and I officer from Iran The class was graduated on 1 June 1973 A list of the graduates is contained in Appendix H and the academic awards are noted in Appendix I
Han Hadlai A Hull Assistant Secretary of the Army
(Financial Managernellt) Graduation Speaker for 21 st Adlanceci Class
23
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Coursc Structurc The FY 73 Advanced Course was conducted in two semesters as follows (bracketed numbers following course titles refer to number of semester credit hours granted for that course eg [4 J)
REQUIRED COURSES - FIRST SEMESTER
GOVERNMENT CONTRACT LAW I [3]
The course deals with general principles of government contract law the role of the judge advocate in the procurement process the appropriations process procurement methods contract types and modifications Attention is also given to cost principles and truth-in-negotiations as well as socio-economic policies
CRIMINAL LAW I [2]
This course focuses on the criminal process to include initiation of processjudicial responsibilities of the commander parties to the proceedings trial processes and the appellate process Problems in jurisdiction pretrial confinement trial publicity and professional responsibilities are also considered in roundtable discussions
MILITARY AND CIVILIAN PERSONNEL LAW [2]
A survey of military personnel law civilian personnel law and labor-management relations with emphasis on policy considerations and the lawyers role Special attention is given to legislation personnel affairs litigation conflicts of interest and release of information
INTERNATIONAL LAW I [2]
A basic outline of the rules of public international law as a system or tool used by nations to control guide clarify and proceduralize the relations between nations traditional and contemporary views of international law the state international and regional organizations associations and individuals as participants in the system how decision-making authority is allocated in the system on the basis of jurisdiction and municipal law and peaceful means of dispute resolution concentrating on types of international agreements
MILITARY ORGANIZATION AND OPERATIONS [2J
The organization of the Department of Defense and the Department of the Army to include the organizations missions functions and inter-relationships of DOD Army staffs and major commands and agencies the organization and command structure of an
25
overseas theater of operations to include the command relationships in joint and combined commands and the territorial organization of the theater of operations
REQUIRED COURSES -- SECOND SEMESTER
CRIMINAL LAW II [3]
The course covers constitutional criminal problems trends and developments under the Manual for Courts-Martial United States 1969 (Rev ed) and the Fourth Fifth Sixth and Eighth Amendments Consideration of the law of crimes drugs and affirmative defenses is followed by discussion of wiretapping custodial interrogation psychiatric evidence and search and seizure The course includes discussion of corrections and extraordinary relief
LEGAL PROBLEMS OF COMMAND [2]
A survey of the law of military reservations (jurisdiction and conflicts of law) regulatory law civil rights and management (manpower and fiscal) Special emphasis is given to race relations environmental law dissent command authority and control of military installations
GOVERNMENT CONTRACT LAW II [2]
This course is a continuation of Government Contract Law I It focuses on contract administration covering such areas as contract terminations inspection acceptance and warranties and disputes and remedies Attention is also directed to nonappropriated funds off-shore procurement and service contracts
MANAGEMENT FOR MILITARY LAWYERS [2]
Manpower management includes discussion of manpower vouchers staffing guides preparation of Schedule Xs modification of TDAs the relationship between spaces dollars and position delineation Fiscal management emphasizes the fiscal process of budget programming execution and review at the installation level Personnel management stresses the hehavioral science approach to management of people including job enrichment and motivation theories of organizational psychology The military lawyer analyzes his own management style with Blakes Managerial Grid and measures his ability to understand and motivate subordinates
INTERNATIONAL LAW II [2]
A study of the involvement and interrelation of nations through the concepts of
26
self-defense intervention human rights and various types of warfare A detailed examination of the laws of warfare concentrating on land warfare but including sea and air warfare the reporting handling and processing of violations of the law of war by national and international agencies and Geneva Convention training and the role of the military lawyer in implementing the rules of the Law of War
IiLc[rVE COURSES -- FIRST SEMESTER
FEDERAL CLAIMS AND LITIGATIGN (I credit)
A study of the procedure and basis for
the acijuciiciation payment and collection of claims by the United States with emphasis on the Federal Tort Claims Act Military Claims Act and claims in favor of the United States under the Federal Claims Collection Act and the Medical Care Recovery Act Actual claims problems and their resolutions stressing litigation and court decisions will highlight
the growing importance of claims administration 1I1 the field Future responsibilities of the judge ldvocate will be outlined in a treatment of the Federal litigative process with discussion of service of process pleading motions and discovery Squadron Leader Anwar Entertains
under the Federal Rules of Civil Procedure
INTERNATIONAL LAW OF HUMAN RIGHTS (I credit)
Working with international documents to include the OAS Charter the Genocide Convention European Human Rights Convention General Assembly Declarations and the 1949 Geneva Conventions as well as with various national constitutions the student will
examine those human rights generally respected by nations The role of the Judge Advocate Officer in implementing these rights within the military through education training preventive law or other programs wiII be discussed Thus the student will be better able to advise and assist commanders and their personnel both before and during hostilities Using individual problems each student will make an oral presentation and submit a short
paper on his problem area
27
MILITARY JUSTICE LEGISLATION SEMINAR (I credit)
This seminar addresses the following pending bills (1) requiring unanimous verdicts by courts-martial 0) Hatfields joint service concept (3) Bayhs court-martial commands (4) random selection of court members (5) pretrial procedure-investigation by magistrate and bail (6) increasing power of judge to sentence suspend and defer sentences (7) proposals to eliminate the post trial review or remove it from the convening authority (8) proposals to increase the jurisdiction of military appellate courts and to allow direct appeal from the Court of Military Appelt1ls to tha United States Supreme Court (9) the scope of Article 62(a) and (10) proposals to extend the military contempt article The objectives are to familiarize the class with the pending legislation and to stimulate creative thinking The seminar begins after the class has sufficient grounding in current military law to appreciate suggestions for change Each student writes a short paper which recommends new legislation criticizes current proposals or advocates adoption of a current proposal
CONTEMPORARY JUDGE ADVOCATE PROBLEMS 0 credits)
This seminar meets 12 sessions of two hours each for discussion of a variety of problems facing the military lawyer to include his relationship to the Army the educational program for military lawyers judge advocate responsibilities for resolving contemporary
Advanced Class Skit at [jAGSA Purty
28
pro bkll1s including flow of gold drug abuse racial confrontations pli bl ic and communi ty
rciltions professional responsibilities of clefense counsel control of courts-Illartial hy
military judges organization training and retention of reservists judge advocate office
organization war crimes problems civilian offenders and responsibility in scntencing of
offenders Each student will make a presentation and lead a group discussi)n A slnrt
paper is required
ILnCl1VE COURSES -shySECOND snMESTER
PI RSONAL LEGAL PROBLEMS OF
llL1TARy PERSONNEL II [II
This i~ a continuation of the first
semester seminar on legal assistance topics of
concern to judge advocates supervising
counseling services for military personnel and
thcir dependents The seminar will treat
common legal problems in the following
areas real estate transactions estate
planning investment counseling domestic
relations motor vehicle ownership and
military retirement programs and benefits
SJA OPERATIONS IN MILITARY JUSTICE [IJ
An examination and analysis of the organization problems and operation of the
Staff Judge Advocate office in the field of Military Justice The seminar will include
discussions of the organization of the Military J Llstice Division wi th i n 1 Staff Juclgc
Advocate office and relationship of the Staff Judge Advocate to the Deputy Stafr Judge
Advocate Chief of Military Justice Chief of Staff Commanding Genera inferior
courts-martial convening authorities the Provost Marshal and civilian law LnforCLment
personnel The seminar will also examine the processing of inferior cOllrh-Illartiil ll1d
Article 15 UCMJ proceedings pretrial and post trial processing of glneral courts-martial
the detailing of court members counsel and the military judge and the lundling or confinement problems
CONTEMPORARY MILITARY POLICY 12J
The purpose of this seminar is to promote understanding of thL Army till (lCLl]
and political environment in which it operates and selected military pulicy h)llc
confronting the nation and its armed forces
IMPLEMENTATION OF THE LAW OF WAR [I]
A review of 1972 and 1973 draft protocols and papers prepared by the International Committee of the Red Cross for implementation of the law of war in international and non-international conflict In context of US military force structures weapon systems and modern warflre a determination of an acceptable Army position on such proposed agreements Preparation of a position paper on a limited number of issues most pertinent
to the Army
GOVERNMENT CONTRACTS AS AN INSTRUMENT OF SOCIAL POLICY [I J
A study of the socio-economic policies in Government contracting their effectiveness and other alternatives to meet the social problems in the United States today Specific socio-economic policies covered will include small businesses labor standards labor surplus and labor surplus set-asides Buy National programs and equal opportunity programs
WEAPONS SYSTEMS ACQUISITION III
A study of the process of procurement of major weapons systems problems of such procurement and possible im provements to the process The proced ure will be traced
from the initial decision between competing systems to the selection of the source fm svstem development
30
Section 3
Judge Advocate Officer Basic Course
GellerLlI The life blood of the Judge Advocate Generals Corps is the grlduates of the twelve-week Basic Course which consists of Phase I four weeks presented at the U S Army Military Police School at Fort Gordon Georgia and Phase II presented in eight weeks at TJAGSA The Basic Course is a practical how-to-do-it course as contrasted with the graduate level Advanced Course Highlights of the course are instruction in the four major fields of military law and in practical exercises which will prepare the newly appointed judge advocate for his first duty assignment and particularly for military criminal trial practice
A moot court program is a continuing feature of the instruction given Basic Course students This program is designed to give new judge advocates practical experience in military trial practice and procedure Moot courts are simulated general courts-martial
Husband alld Wife Legal Teams in 65th Basic Class CPTs Peter alld Joyce Plaut and CFTs Joseph and Madge CCLlper
31
based on fact situations prepared by faculty members The positions of trial and defense counsel members of the court and witnesses are filled by members of the Basic Course Each student has at least one opportunity to act as trial or defense counsel The military judges part is played by members of the staff and faculty the Advanced Class or the
U S Army Judiciary who are certified military judges
Each class travels to Washington D c where they are admitted to practice before
the United States Court of Military Appeals
During FY 73 four Basic Courses-the 65th 66th 67th and 68th--were conducted at the School A total of 238 officers were graduated including IS officers of the United States Coast Guard and one allied officer each from Jordan and the United Kingdom A list of the graduates of the Basic Classes is contained in Appendix J and the academic awards arc noted in Appendix K
MG Harold E Parker The Assistant Judge Advocate General Gives Basic Class Graduation Speech
32
Course Structure The course curriculum and scope are as follows
CRIMINAL LAW [88 platform hours]
Introduction (2) Jurisdiction (2) Evidence (IK) Trial Technique (6) Documentary Evidence and AWOL (4) Affirmative Defenses (6) Review of Inferior Courts (2) Appellate Review and Extraordinary Relief (3) Procedure (26) Interview of Witnesses and Accused (3) Pretrial Advice and Post Trial Review (6) Article 15 (4) Review for Examination (2) Examination (4)
CIVIL LAW [74 platform hours]
Introduction (1) Military Personnel Law (9) Civilian Personnel Law (4) Labor-Management Relations (4) Boards of Officers (3) Law of Military Installations (12) Military Assistance to Civil Authorities (2) Claims and Litigation (12) Legal Assistance (12) Civil Rights (2) Drug Abuse (2) Dissent Seminar (2) Race Relations (4) Research Problems (6)
PROCUREMENT LAW 66th Basic Class Gift [21 platform hours] Being Presented to Commandant
Introduction and General Principles (3) Appropriations Process (2) Judge Advocate Responsibilities (2) Procurement Methods (4) Contract Types (1) Socio-Economic Policies (1) Nonappropriated Fund Procurement (I) Disputes and Remedies (2) Inspection Acceptance and Warranties (I) Examination (I)
INTERNATIONAL AND COMPARATIVE LAW [10 platform hours]
Recognition of problems involving international and foreign law with respect to claims and legal assistance and sources for solutions to such problems (I) Basic rules of criminal jurisdiction under status of forces agreements the Trial Observers Report (I) The fundamental laws and rules of the Law of War (2) Techniques of Military Instruction (2) Geneva Convention Training (2) Recurrent problems in using or instructing 011 the Law of War (2)
MILITARY OPERATIONS AND MANAGEMENT [4 platform hours]
Introduction to U S Defense structure and command and staff relationships within
33
this structure with emphasis on the relationships between the commanding officer of the installation Staff Judge Advocate and other installation command and staff elements
RACE RELATIONS SEMINAR [4 platform hours]
Students survey current race relations problems at the military installations based upon case studies in order to detennine the cause and effect of racial tensions Seminar participants discuss statutes regulations and current Army policy designed to prevent discriminatory practices and promote racial harmony in the military service
LEGAL RESEARCH PROBLEMS [8 platfol111 hours]
In this office practice exercise each student researches and prepares an opinion on selected legal problems commonly encountered at the militalY installation He then makes a classroom presentation of his work using an appropriate pedagogical technique with a view towards instructing his fellow students in the law
Basic Class Recep tion
34
Section 4
Resident Continuing Legal Education Courses
CIVIL LAW I (5F-F5)-Two phases (l week each)
Phase I--Law of Military Installations Law and current legal problems relating to military reservations nonappropriated funds military assistance to civilian authorities and installation management with special emphasis on control of installations and challenges to commanders authority by court processes
Phase II--Claims Claims regulations and procedures with emphasis on the Federal Tort Claims Act and claims in favor of the Government Panel discussions on injury evaluation and medical care recovery highlight the practical aspects of the course
CIVIL LAW II (5F-F2)--Two phases (1 week each)
Phase I--Personnel and Administrative Law A study of statutes regulations and court decisions concerning military personnel law boards of officers conflicts of interest military compensation line of duty determinations and release of information Attention will also be given to current administrative law problems with panels of experts
Phase II-Legal Assistance Study of current legal problems and court decisions which affect the military serviceman including consumer protection family law taxation immigration small claims property settlements and bankruptcy
INTERNATIONAL LAW (5F-F3)--2 weeks
International agreements jurisdiction State responsibility Status of Forces Agreements conduct of hostilities war crimes and internal armed conflict Geneva Conventions and the New Protocols Responsibility and Superior Orders
JUDGE ADVOCATE OVERSEAS OPERATIONS (5F-F14)--1 week
A review of civil and criminal codes of countries where large numbers of US personnel are stationed and the rules established for the conduct of US personnel through Status of Forces Agreements Emphasis is upon the role of the judge advocate in assisting US personnel in the conduct of their legal affairs in a foreign country in protecting
35
jJAl Rice
MAl Suarez
the interests of the Government in civil litigation and in protecting the interests of US personnel charged with crimes by a foreign country
JUDGE ADVOCATE RESERVE COMPONENT FIELD GRADE OFFICER REFRESHER (S-27-C8)-2 weeks
To further qualify the judge advocate in matters relating to the performance of legal duties involving international and comparative law and administration of military justice and to provide a more comprehensive knowledge of the fundamental principles of Government contract law and the role of the procurement legal advisor organization of the Army developments in tactics military correspondence command and staff procedures and National Guard and Army Reserve activities
LAW OF FEDERAL EMPLOYMENT (SF-FI0)-1 week
Civilian Personnel Law Hiring promotion and discharge of employees under the FPM and CPR role of the Civil Service Commission procedures for grievances appeals and adverse actions personal rights of employees
Labor-Management Relations Rights and duties of management and labor under Executive Order 11491 and DOD Directive 14261 negotiation of labor contracts impasse mediation administration of labor contracts and procedures for arbitration of grievances
LAW OF WAR amp CIVIL MILITARY OPERATIONS (SF-F4)-2 weeks
A review of the basic law of war with an up-date on the latest changes and developments in the area A detailed examination of international customs and treaty rules affecting the conduct of
CPT IlIlwinl~elried
36
us military forces in civilmilitary operations and in all levels of hostilities The Geneva Conventions and their application in civilmilitary operations and in various types of combat operations and missions to include problems of refugees labor psyops
legislation and public relations
LITIGATION AND ENVIRONMENT LAW (SF-FI3)--1 week
Review of Federal Rules of Civil Procedure Judge Advocate coordination with Department of Justice and procedural law relating to practice before administrative agencies Preparation of litigation reports and techniques of evaluating liability and amount of damages
MILITARY JUDGE (SF-F9)--3 weeks
To qualify military lawyers to perform duties as full-time military judges at courts-martial with emphasis on special courts-martial Conference panel and seminar forums are utilized to cover substantive military criminal law defenses to crimes instructions to the court rules and principles of evidence trial procedure and current military legal problems
MILITARY JUSTICE (SF-Fl)-Two phases (I week each)
Phase I--Administration of Military Justice An examination of the administration of military justice to include recent developments in criminal law and the functions and problems invoived in pretrial and post-trial procedme
Phase IJ-Trial Advocacy Intensive instruction in trial practice to include problems confronting trial and defense counsel
37
CPT AdatIs
CPT illlltall
CFJ lurJut
MAJ McGo lIA1i1
AlA) LlIlc
AJAr Gilligal
PROCUREMENT ATTORNEYS (5F-Fll)-2 weeks
Study of legal problems arising in the following areas general principles including the authority of the Government and its personnel to enter into contracts contract formation including appropriations formal advertising basic contract types and socio-economic policies contract performance including modifications~ disputes including remedies and appeals
PROCUREMENT ATTORNEYS ADVANCED (5F-FI2)-2 weeks
Study of legal problems arising in the following areas incentive contracting funding competitive negotiation socio-economic policies Government assistance state and iocal taxation modifications weapons system acquisition truth in negotations terminations labor relations problems contract claims and litigation
SENIOR OFFICER LEGAL ORIENTATION COURSE-3 days
Civil law to include installation management labor management relations military personnel law llonappropriated funds investigations legal assistance claims and litigation criminal law to include search and seizure confessions the responsibilities of the convening authority before and after trial and the options available to commanders in varibus military justice situations
STAFF JUDGE ADVOCATE ORIENTATION COURSE (5F-FI 5)--1 week
A survey of new developments in the areas of military justice civil law procurement and international and comparative law
38
Section 5
Nonresident Instruction
The Office of Nonresident Instruction was added to the Academic Department to coordinate and administer the various forms of nonresident instruction offered by the School The office is headed by the Deputy Director for Nonresident Instruction
The office is divided according to the instructional methods employed The immediate office of the Deputy Director is responsible for supplying instructional materials for use by instructors at other institutions Materials are supplied annually to USAR Schools for instructing 7000 Officer Advanced Course and 2000 Officer Basic Course students of other than J AGC branches and 85 JAGC Advanced Course students ROTC cadets receive instruction on their college campuses utilizing NRI materials The Deputy Director also maintains liaison with the US Military Academies other Army service schools and schools of other Armed Forces Active Army unit training support is also a function of the office
The Correspondence Course Office is responsible for supplying students with self-instructional materials Approximately 2500 students are carried on the rolls annually including officer and enlisted personnel of the Active Army and Reserve Components andmiddot personnel from allied nations About 20000 correspondence course students of other Army service schools take subcourses supplied by NRI
39
MAj james A Endicott Jr Dep Dir for Nonresident Instruction
CPT joseph W Hely Jr and Mr Robert 11 Alerritt
The following courses are currently offered by correspondence
Judge Advocate Basic Indoctrination Course
Judge Advocate Advanced Course
Special Courses Specialization Courses for Senior J AGC Officers Military Law for Commanders and Staff Officers Course Legal Warrant Officers Course MOS 713A J AGC Senior NCO Course GCM Legal Clerks Course MOS 71D50 SPCM Legal Clerks Course MOS 71 D20
All Advanced Course students enrolled on 1 September 1973 will be required to complete a writing requirement administered by the Deputy Director Thesis advisors will be assigned to each student to assist in topic selection and organization of the 15-20 page 3000 word minimum papers
CJYr (P) Terry Devliu IS Promoted (Finally)
40
Section 6
Paraprofessional Courses
The Legal j)artl[JToessional The implementation of the Military Justice Act of 1968 and the Pilot Legal Assistance Program have placed extraordinary demands on the time of the Army lawyer A partial answer to these demands is the development of military legal paraprofessionals During the second week of February the Civil Law Division conducted the first Legal Paraprofessional Course in legal assistance The course attended by 21 secretaries and enlisted men from Army and Coast Guard judge advocate offices is the first step in the fonmll development of legal para professionalism in the Army The Criminal Law Division also graduated its first group of paraprofessional students in February 1973 The paraprofessional courses are designed to instruct legal lay assistants in the duties and administration of the military justice division of installation judge advocate offices It is planned that future instruction in these resident courses will include
PARAPROFESSIONAL COURSE--CIVIL LAW-I week
Legal research and instruction in legal assistance to include interview techniques recognition of non-legal problems preliminary drafting of routine legal documents and other substantive legal matters
PARAPROFESSIONAL COURSE--CRIMINAL LAW-I week
An overview of the entire military justice system disposition of charges interview of witnesses preparation of vouchers subpoenas depositions and similar documents administrative review of Article 15 punishments and other substantive legal matters
WARRANT OFFICER AND SENIOR LEGAL CLERK COURSE (7 A-713A 7lD50)--1 week
Review and discussion of the legal administrative technicians and senior legal clerks roles as office managers of a judge advocate office or activity with particular emphasis on effective management of personnel equipment work flow and fiscal resources
LAW OFFICE MANAGEMENT-l week
A new course for warrant officers and senior legal clerks in March 1974
41
Cl1middot)2 Clorlcs L West jJ(r(leyal Fraililly Officer
BG Lawrence H Willimrls Assistallt jucZle Advocate General for Military Law
Prescnts Diplolla to DistillYllished Gradllate of NCOES COllrse
42
NONCOMMISSIONED OFFICER EDUCATION SYSTEM On 15 June 1973 the School graduated its first NCOES Course The initial input of 12 students MOS 71D and 71 E were tracked with MOS 71 L (Administrative Specialist) students during the first nine weeks of schooling conducted at Fort Benjamin Harrison The final two weeks of advanced MOS training 71 D and 71 E were conducted here at Charlottesville
CPT WorkmanCPT Wagller
lVIA] White CPT Robie
43
1972 JAG Conference BG Persons 13G Montgomery US4R Mr Kendall Barnes GC AMC BG UpjJ USAR BG Babbitt foreground
Receptioll HOllorillg Conference Banqzl(t Speawr Mr jllstice 10111 CZellh MG Prugh Mr justice Clark Mrs Douglass COL Douglass CfYr Griffin
44
CHAITER III
CONFERENCES VISITORS AND SEMINARS
Section 1
JAG Conference
During the week of 1-5 October 1972 the School again hosted the world-wide JAG Conference an annual event which brings together senior judge advocates from all major Army Commands throughout the world as well as representatives from the sister services for the discussion of current problems and developments in military law Speakers and panelists provided updates and briefings on all aspects or criminal civil procurement and international and comparative law
A unique feature of the 1972 Conference was the attendance by personal invitation of The Judge Advocate General US Army of a number of JAGC warrant officers and
Mr JOllil l lJlIstCriU lr I Fred J)llhardt
45
senior legal clerks Headlining the Conference list of speakers was Mr Justice Tom C Clark who was the banquet speaker Other distinguished speakers included Department of Defense General Counsel 1 Fred Buzhardt Attorney General Robert B Morgan of North Carolina Deputy Assistant Secretary of Defense John A Busterud and Harvard Pro fessor Richard Baxter
Social events highlighting the evenings of Conference Week included the annual Conference Banquet the Icebreaker and a new addition this year an informal Hawaiian RampR party
Hawaiian RampR Hlrty
46
Mr Robert B Morgan
Section 2
The Judge Advocate Generals Reserve Conference
The School hosted the fourth annLlal Judge Advocate Generals Reserve Conference from 30 November to 2 December 1972 The conference focused on Special Interest Groups and Conferee Workshops Special Interest Groups included JAGSO Detachment Commanders ARCOM SJAs Training Division SJAs and Troop and Civil Affairs SJAs Workshops were conducted and reports made to the conference on the subjects of Civilian Personnel and Employee Unions Race Relations Environmental Law Search and Seizure and Drug Abuse
Among speakers and guests were Dr Theodore C Marrs Deputy Assistant Secretary for Reserve Affairs Department of Defense MG J Milnar Roberts Chief Army Reserve MG George S Prugh The Judge Advocate General MG Harold E Parker The Assistant
BG Upp BG Montgomery Dr Marrs COL Douglass and RADM Staring at Judge Advocate Generals Reserve Conference
47
LTC Fontullelle and COL Selleider
Jldge Advocate General BG Robert D Upp USAR Assistant Judge Advocate General Special Assignments (MOBDES) BG Edmund W Montgomery II Chief Judicial Officer (MOBDES) and Colonel William B Carne Chief Litigation Division OTJAG
Social events included an Icebreaker cock tail party at the Officers Open Mess and the Conference Banquet at The Holiday Inn Afton Mountain
COL Fulton and COL Garber
48
Section 3
National Guard Judge Advocate Generals Conference
The Second Judge Advocate Generals National Guard Conference was hosted by the School in Marcil As with the first conference emphasis was placed upon military law as it applied to the National Guard Conferees workshops were similar to those held during the Reserve Conference
Among the invited speakers and guests were LTG Harris W Hollis Chief Office of Reserve Components MG George S Prugh The Judge Advocate General MG Francis S Greenlief Chief National Guard Bureau MG Harold E Parker The Assistant Judge Advocate General and Mr Robert B Morgan Attorney General North Carolina
Social events included an Icebreaker cocktail party at the Officers Open Mess and the Conference Banquet at AftJn Mountain HolidJY Inn
AIG Chelley 11ze J[(z(e Advocate Gelleral of the Air Jorce
alld Air Force National Guard Participants at Conference
49
LTG and Mrs Hollis
COL James B Deerin
MG William ] McCaddiil T1w Adjutant General Va ARNG
50
Section 4
Speakers and Visitors
The professional atmosphere of the School is enhanced by an active guest speaker program through which distinguished experts are invited to address the various classes and the entire School community There are two formal lectureships established in conjunction with the two academic chairs at the School This year the Second Kenneth J Hodson Lecture in Criminal Law was given by Professor Yale Kamisar of the University of Michigan School of Law As mentioned previously the First Edward H Young Lecture
on Military Legal Education was given by Professor Delmar Karlen
Many officers governmental officials practicing attorneys and educators visit the
School to observe portions of its programs A list of the guest speakers and distinguished persons visiting in 1973 is contained in Appendix L
Mr Doll Droge Natiollal S(cllritv CollIcit Staff
51
MG Kenneth J Hodson Chief
USA Legal Services Agency
Prof Helmut Rumpf Office of the Legal Advisor
Foreign Office Federal Republic of Germany
Hon Robert M Duncan Judge US Court of Military Appeals
52
Mr Jack Stempler General Counsel us Air Force
Frederick Hernavs Iliiclicr COL -AGC (ltetj
l1JG Lloyd B Ramsey The Provost Marshal General
53
MG George S Prugh The Judge Advocate General of the Army
Prof Yale Kmnisar
JudRe Tim Murphy D C Superior Court
54
Section 5
Race Relations Seminar
From 17-19 January 1973 The Judge Advocate Generals School was host to a race relations seminar The seminar brought together judge advocates from CONUS and overseas commanders provost marshals and others experienced in race relations and military justice The primary purpose of the seminar was to aid judge advocates in advising their commanders and staffs concerning race relations and racial incidents and the handling of such
The two-day agenda included small--group discussions of such matters as the following
(a) Racial problems confronting judge advocates law enforcement and command authorities in the field
(b) Indicators and warnings of racial disharmony which may cause or contribute to offenses
(c) Guidelines for effective solutions to racial problems of the command
Cd) The role of the staff judge advocate in race relations 111 the command
This seminar was but a small part of the race relations program developed by the School during the past year Race relations instruction was an important feature of the
55
elYT Grahanl
elYl Criflill Race Relatiolls Illstructors
Race Relations Seminar
Basic and Advanced Classes Elements of this instruction included the basic causes of racial unrest in the military personal and institutional racism applicable civil legislation and military justice problems The Advanced Class curriculum also included a 12-hour race relations elective which dealt with both specific problem areas and served as a speaking platform for individuals involved in the race relations field In addition race relations instruction and workshops were held during the Annual Judge Advocate Generals Conference Reserve Conference National Guard Conference and many of the other short courses offered throughout thc year Additional instruction and seminars have been planned for the coming academic year in an attempt to meet the challenge of this extremely important and sensitive area
56
CHAPTER IV
DEVELOPMENT DOCTRINE AND LITERATURE
Created 1 March 1973 the Development Doctrine and Literature Department (DDL) is responsible for combat developments doctrinal and legal literature military operations and management and professional liaison and development In its role as combat developer for the Corps DDL must ensure that JACC will have the necessary resources to perform its mission in the Army in the future DDL has taken steps to end the court reporting equipment problem that exists today DDL members formerly with CDCJ AA which had initiated the justification for new court reporting equipment guided the project to AMC Procurement of the needed equipment is projected for the near future
In addition to ensUling proper materiel allocation DDL also ensures effective personnel allocation in planning for the Army of the future In the course of investigating personnel developments DDL prepared a recorm1ended Table of Organization and Equipment (TOE) for a separate defender program and prepared a staff study recommending the use of paralegal assistants LTC John L Costello Jr
Director Development Doctrineby military lawyers and Literature Department
Most recent of its developmental accomplishments is the experimentation in the area of Automated Legal Research Provided by the US Army Judiciary with volumes of courts-martial statistics DDL programmed the statistics into an automated data bank Such an automated system enabled DDL to rapidly and accurately make recommendations for more effective allocation of personnel while studying the feasibility of a separate defender program
DDL is charged with review of doctrinal literature for legal sufficiency and has provided input to force concepts and designs in the Armys combat development process Also of a doctrinal nature is the responsibility for instruction in military operations and
57
management The Military Operations and Management Division of DDL is responsible for all instruction in military arts and sciences the defense structure command and staff procedures and Army management
In keeping with its mission of professional development DDL provides an office for liaison with professional associations both legal and military In establishing liaison with professional associations such as ABA FBA AUSA etc that office has also monitored Law Day USA observances throughout the Army and coordinated after-action reports Enthusiasm for Law Day 1973 observances was enhanced by JAGCs receipt of a ABA Award of Merit for its 1972 observance
DDL is also responsible for publication of the Military Law Review The Army
Lawyer and the Judge Advocate Legal Service discussed in Chapter V
CPT John D Home Professional Liaison Office
58
MAJ James R Wessel Chief Military Operations
Management and Plans Division
-- - CPT Daniel Worlltin1
011 Computerized Study
CHAPTER V
PUBLICA TIONS
The Military Law Review a law quarterly identical in format to the leading civilian legal journals is distributed to all judge advocates in the Active Army and the Ready Reserve In addition the Superintendent of Documents Government Printing Office sells copies and subscriptions to all interested civilian agencies and individuals
The Law Review contains lead articles comments and notes of interest to military law practitioners Theses written by students of the Judge Advocate Advanced Course are a primary source of articles Comments notes and articles from judge advocates in all three armed services foreign military and civilian lawyers members of the staff and faculty law school professors reserve judge advocates and civilian attorneys are also published During Fiscal Year 1973 Volumes 57-60 were printed Instituted during this fiscal year was a series of comnents on historic courts-martial to be continued in future volumes of the Law Review
The Catalog of Advanced Class Theses was revised by the Publications Division and distributed during FY 72 A supplement to the Catalog was compiled and distributed during FY 73
The Judge Advocate Legal Service (JALS) is responsible for rapid dissemination of the latest military law and items of interest to judge advocates around the world J ALS is printed bi-weekly in Charlottesville Virginia and distributed in over 7600 copies to all three armed services J ALS digests all cases decided by the United States Court of Military Appeals most published Court of Military Review decisions Federal Court decisions affecting the armed services and actions by The Judge Advocate General under Article 69 Uniform Code of Military Justice
59
The Army Lawyer a how-to-do-it type journal provides practical and timely
information to judge advocates in the field This monthly periodical incorporates claims personneL and legal assistance information previously found in other publications
The Manual for Courts-iVlartial Annotation Third Edition (1973) a significant research tool on military law was prepared in an updated version during Fiscal Year
1973 as DA Pamphlet 27-13 The Annotation contains case citations a citation of appropriate regulations and a cross-index to the Military Judges Guide To facilitate
research the Annotation is designed to be interleafed on a chapter-by-chapter basis with the Manual
In addition the following texts were submitted during FY 73 to the Office of The
Judge Advocate General for pUblication as Department of the Army pamphlets
Administrative Law Handbook Eyjdence Jurisdiction Legal Guide for the Soldier Trial Proced ure
Printed as special texts to support
resident instruction in some cases pending availability as DA Pamphlets were the following
Civil Law Basic Oass Deskbook Criminal Law Basic Class Deskbook Effective Research Aids (Civil Law) Evidence Law of AWOL Military Administrative Law Senior Officer Legal Orientation Texts Trial Procedure
During the course of FY 73 many articles authored by members of the staff and facul ty and were pu blished A list of those articles is contained in Appendix M
60
CPT Stephell L Buescher Clz ief Doctrine and Literature Division
CPT ] Alullill Editor Military Law Review
CHAPTER VI
RESERVE AFFAIRS
General The reorganization of the Army with the shifting emphasis on the Reserve program resulted in the establishment of the Office of the Assistant Commandant for Reserve Affairs arid Special Projects The overall mission of this office is to develop and implement a program to improve the readiness capability of the Army Reserve Component Judge Advocate Generals Corps personnel This mission has been broken down more specifically to provide for the career management of all JAGC reserve officers which includes providing liaison with the United States Army Reserve Component Personnel and Administration Center to develop and administer a program of technical training and to maintain liaison with the individual Reserve or National Guard components the Army Readiness Region Commanders and the CONUS Armies To accomplish these functions the Office has been subdivided into the Career Management Division and the Reserve Training Division
Career Management Division As a result of greater emphasis being placed on the Reserve program added consideration has LTC Keith A Wagner been given to the career management of all Assistant Commandant reserve component JAGC officers More for Reserve liffairs resources have been allocated toward advising individual reserve JAGC officers upon matters affecting their careers such as appointments transfer federal recognition of National Guard component officers and educational qualification for promotions This advice has become more important to the JAGC reserve officers because the competition for appointment assignment and promotion has become keener in the recent year
Career counseling is carried out primarily through correspondence but during the past two years with the JAGSO team training being conducted at TJAGSA personal interviews have been conducted by members of the divisions Such interviews are more desirable because in the course of this counseling the Reservists are alerted to important aspects of their career pattern Personal interviews are also conducted when officers of
61
LTC James N McCune Chief JACC Reserve Cornponents
Career hlanagement
the department make staff liaison visits to JAGSO detachments throughout the year Reserve units visited during FY 73 are listed in Appendix N
In the next academic year the channels of communication will be vastly improved by the on-site training to be given by the faculty from the School As part of these training visits the faculty member will bring back any inquiries from individuals regarding career problems to the Office of Reserve Affairs
As a further service to reserve component officers a Judge Advocate Reserve Components Directory is published annually This directory contains the names addresses type of assignment and the nature of civilian employment for more than 1800 Reserve component JAG officers
Reserve Component Training Divisioll The reorganization of the Army has resulted 111 the development of the Reserve Component Technical Training otherwise referred to as on-site training The program includes a six-hour block of instruction by faculty members from each of the four academic divisions of TJAGSA During the first academic year two hundred and twenty-five visits will be made under the program The purpose of the visits will be to bring all reserve component JAGC officers up to date on the most recent changes in military law and to inform the officers of the organizational changes in the JAG Corps
In addition the overall training program includes nonresident training on-the-job training of J AGSO Detachments at active Army installations throughout the country the Reserve Components General Staff Course and the cyclical resident training for specific J AGSO teams The on-the~job training is proving very successful During the past training year more than fifty percent of all J AGSO Detachments were participating in hands on training at active Army installations In addition all J AGSO teams except the 33 General Court-Martial tcams were assigned a training site appropriate for their mission for ADT 1973 ie Procurement teams to procurement centers Claims teams to Army Oaims Service etc
With regard to resident training during the summer of 1973 a trall1Jl1g program for General Court-Martial teams totaling over 210 men was conducted at TJ AGSA This training was supported by the 1050th USAR School West Hartford Connecticut and
62
included an update on court-martial procedures substantive law and a series of moot courts Greater emphasis was placed on training the court reporters and to that end new more sophisticated equipment was provided
Forecast for the coming academic year is the Reserve Component Technical Training (on site) and the Reserve Senior Officers Legal Orientation Course The SOLO course is designed for officers who are not members of the JAG Corps but who by virtue of their duties as commanders require a knowledge of military law In addition the US Army Reserve Judge Advocate Conference is scheduled for November 1973 and the National Guard Judge Advocate Conference is scheduled for March 1974 The purpose of these two conferences is to bring the senior
CPT Eldon D Robertsreserve component Judge Advocates to Chief Training OfficeTJAGSA to discuss common problems and
bring them up to date on the latest developments in military law and new innovations in the reserve program
Chief Judge Darden of the U S Court of Military Appeals and JAGSO Detachment Members at COMA Admission Ceremony
63
j
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CHAPTER VII
PROFESSIONAL ORGANIZA TrONS AND DEVELOPMENT
American Bar AssociLztion Pursuant to TJ AGSA policy the School maintained active participation in the American Bar Association during FY 1973 Five representatives from TJAGSA attended the ABA Annual Meeting in San Francisco during August of 1972 one of whom along with MG Prugh represented the Corps in receiving an ABA Award of Merit for outstanding observance of Law Day 1972 In additon four members of TJAGSA traveled to Cleveland in February of 1973 for the ABA Mid-Year Meeting
As an indication of the active participation by the personnel of the School many held positions of responsibility in the organization The Commandant served in an advisory capacity to the Standing Committee on Legal Assistance to Servicemen one member represented the Armed Forces (District 15) on the Young Lawyers Section (YLS) Executive Council as well as serving as Co-Chairman of the YLS Military Service Lawyer Committee one member served as Co-Chairman of the YLS Coordinating Committee and one member served as Vice-Chairman of the YLS Corporation Law Committee
President-Elect Chesterfield Smith of the American Bar Association presents Law Day Award to MG Prugh and CJYT Robie
65
Federal Bar Association The Federal Bar Association (FBA) which is composed of lawyers who are or have been in the employ of the United States Government in a legal capacity is represented here by the Charlottesville Chapter Not only did TJAGSA provide the chapters business office but also personnel of the School served in positions of both President and Vice-President during FY 73 In April of 1973 the Charlottesville Chapter of FBA hosted the TJAGSA Board of Visitors at a coffee
National Association for Law placernent An organization composed of law school placement offices as well as employers the National Association for Law Placement (NALP) seeks to increase communication between buyers and sellers in the legal job market Founded two years ago NALPs membership consists of some 95 law schools of which TJAGSA is one and 30 employers During FY 73 the School was represented at all meetings and conventions by the Post Judge Advocate who also served the organization as its Secretary
Associatioil of American Law Schools The AALS was chartered in 1900 and has a present membership of 115 schools throughout the United States The Judge Advocate Generals School does not meet the requirements for membership but is associated with the organization For a number of years the Commandant and Director of Academics as representatives of TJAGSA have attended the annual meetings held each year between Christmas and New Years
The faculty of The Judge Advocate Generals School is included in the directory of law teachers prepared by the AALS Faculty members are on the sections of the Association and work actively in the section on teaching methods and the section on studies beyond the first degree in law
Of particular interest to TJAGSA are the studies done by the AALS on Administrative Law Constitutional Law Criminal Law Professional Responsibility Trial Advocacy Continuing Legal Education Paraprofessional Legal Education Teaching Law outside of Law Schools and Teaching Methods
Associatioll of the Ul1ited States Army The Thomas Jefferson Chapter AUSA continued its active role in the Charlottesville community The 1973 Dogwood Festival Week was the occasion of several AUSA activities Two recently released POWs were honored at a cocktail party in the TJAGSA OOM at the conclusion of the annual Dogwood Parade On the following day AUSA hosted a record number of guests at its traditional Dogwood Luncheon The gathering was addressed by Congressman J Kenneth Robinson CR-Va) and honored guests included Miss Dogwood Festival Miss Virginia Miss New York and the US Army Golden Knights Parachute Team The Golden Knights accepted a memorial presentation from the Thomas Jefferson Chapter in remembrance of those
66
Air Force POlY MAl Normall Wells receives award fronl A USA Chapter President Walter L Srnith (l) and Virginia Congressnail Robinson (I)
members who had met their deaths earlier in the year as a result of a plane crash and performed a skydiving demonstration that evening at a local park Business offices for the Thomas Jefferson Chapter AUSA were maintained this year by TJAGSA
Professional Liaison and Development As a result of the Schools reorganization in March of 1973 an Office for Professional Liaison and Development was established in the newly formed Department of Development Doctrine and Literature This office has been charged with maintaining liaison with professional associations as well as monitoring Law Day Activities for J AGe
lACC Recruiting During the year several members of the staff and faculty visited various law schools throughout the
AUSA President Smith (r) presents Monticello picture to (l to r) Congressman Robinson ilIiss Dogwood 1972 and Commander of the Colden Knights
67
country in an effort to recruit senior law students for the JAG Corps In addition the School receives numerous inquiries concerning admission into the Corps Packets containing information on admission requirements are provided upon request TJAGSA personnel are called upon to counsel and advise individuals from the Charlottesville area and the University of Virginia who are seeking admission to the Corps
Alumni Association The Alumni Association continued to grow during the fiscal year with approximately 2500 members on 30 June 1973 an increase of approximately 500 new members during the year The Association provides academic awards for Basic and Advanced Gasses maintains contact with the allied officers who have attended the School and gives a plaque and a cash award to the winner of the Annual Professional Writing Award During Fiscal Year 1973 three issues of the Alumni Newsletter were published which included news of events and conferences at the School a calendar of courses offered at the School and personal information on members of the Association The activities of the Association were financed by annual dues of one dollar for each member and contributions from interested members The Annual Report is distributed by the Alumni Association to all of its members each year
Coordination and financing of Association activities as well as editing and writing of the Alumni Newsletter and the Annual Report are responsibilities of the Assistant School Secretary
Lectures Reflecting the Schools role in educating officers of the other branches of the Army and the other services members of the faculty traveled widely giving lectures to diverse groups upon various aspects of military law A good example of how the knowledge of the faculty may be applied to the training of non-legal personnel was the course of instruction in procurement methods given to criminal investigators specializing in appropriated and nonappropriated procurement frauds
During the course of the year the School continued to build a close professional relationship with the Army War College Frequent visits there by the faculty of TJAGSA resulted in the incorporation of a considerable amount of current legal material into that course
A list of lectures given outside TJAGSA by facuIty members is contained in Appendix O
68
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70
CHAPTER VIII
BUILDINGS AND SUPPORT ACTIVITIES
Section I
Buildings
Construction of the new Judge Advocate Generals School building began on 15 January 1973 and was scheduled for completion within 24 months The new building will be located in the same area as the new Law School and the Graduate School of Business Administration of the University of Virginia The basement level of the new building provides space fpr the administrative and logistics offices storage and library The library is designed with 32 individual study carrels and will accommodate 50000 volumes The ground level (or first floor) houses the academic department (approximately 60 offices) three classrooms to accommodate 50 100 and 200 students respectively four conference rooms which will accommodate 20 persons each eight smaller conference rooms for 12 persons each completely equipped moot courtrooms an auditorium with 125 seat capacity audio-visual room and student lounge On the second level are the offices of the commandant and other directorates of the School in addition to a two-bedroom VIP suite The third and fourth levels each have 32 individual BOQs with bath Also there are four two-room suites with bath and four two-room suites with bath and kitchen facilities on each floor The fifth floor is the officers open mess and dining facility which has a seating capacity of 120 people In addition the club will have patios on two of its sides
Due to a spring snow storm a sym bolic groundbreaking ceremony for the new building was held indoors on 12 April at the Groundbreaking Universitys George Baskerville Zehmer Hall COL Douglass MG Prugh
President Sharman
71
After opening remarks by the Commandant Colonel John Jay Douglass Major General George S Prugh The Judge Advocate General of the Army joined with University of Virginia President Edgar F Shannon and Colonel Douglass in turning a symbolic shovel of earth which formally commenced the construction project
Among those attending the ceremonies were Army Colonel (Ret) Kenneth C Crawford Commandant of the School during the years when the plans for the new building were formulated and Professor John
President Shannon Speaks at Ritchie III a mem ber of the Schools Groundbreaking Ceremony original Board of Visitors Colonel Crawford
is now Director of Education and Training for the Federal Judicial Center Professor Ritchie formerly Dean of Washington (St Louis) Wisconsin and Northwestern Law Schools is presently on the faculty at the University of Virginias Law School Also in attendance were members of the current Board of Visitors
Attendees representing the various Armed Services included Major General Kenneth 1 Hodson former The Judge Advocate General of the Army now Chief US Army Legal Services Agency Rear Admiral Ricardo Allen Ratti Chief Counsel United States Coast Guard Colonel Charles J Keever Acting Director of the Judge Advocate Division United States Marine Corps and Colonel (Ret) Ralph D Pinto former TJAGSA Deputy Commandant
Others in attendance included William P Dickson J f a Norfolk attorney and formermiddot member of the Board of Governors of the American Bar Association representing Robert W Meserve President of the ABA C Norman Poirier immediate Past President of the Federal Bar Association Francis H Fife Mayor of the City of Charlottesville Gordon L Wheeler Albemarle County Board Chairman and Walter L Smith President of the Thomas Jefferson Chapter of the Association of the United States Army
The present Judge Advocate Generals School building a red brick building of Georgian architecture was dedicated on 26 September 1956 It contains offices and 19 furnished BOQ rooms In addition the building houses the School Library a conference room supply room and bookstore An Officers Open Mess and snack bar with outdoor patio is located on the fourth floor of the building Classrooms for the School are located in the University of Virginia Law School
72
Section 2
Support Activities
a Library alld Military Legal Center
The School generally furnishes each student with the basic textbooks and other classroom materials which he will need during a course However when additional references and research facilities are req uired students are encouraged to utilize the School Library the Law Library of the University of Virginia and Alderman Library the general library of the University
The Judge Advocate Generals School Library contains approximately 20000 volumes and is oriented toward military law There is a complete set of all Army regulations most federal legal materials and
a complete military justice library During LTC Edward C Seufert FY 1973 many historic military legal items School Secretary
and current books on military law were added to the Schools Military Legal Center one of the most extensive collections on military law past and present in existence Also during the year the Library staff completed a major portion of the complete cataloging of the Schools collection in order to provide a ready reference system for researchers
The Law Library Il1 Clark Hall contains over 200000 volumes and it is readily accessible to our students It has an extensive collection of published reports of the American federal and state courts the reports of the courts of the United Kingdom
lvlrs R Vivian Hebert treaties digests encyclopedias indices andLibrarian citator services It also contains the statutes
73
Leased Housing Units
BOQ Room
74
of the United States of the several states and of Great Britain The Library receives every current legal periodical of general interest printed in the English language
Alderman Library has about 2000000 volumes and a particularly fine collection of official Government publications It has been designated by the United States Government as a depository for public documents
h Billeting and Mess Facilities Bachelor officers quarters are available in The Judge Advocate Generals School BUilding Assignments of rooms may be obtained through the Billeting Officer Linens towels and maid service are provided All rooms are carpeted and air-conditioned and many have refrigerators and television sets
The School has a number of family housing units under government lease to be utilized as government quarters in lieu of BAQ Priority for the utilization of these units is first given to enlisted personnel and then to officers attending the Advanced Class The School Secretary and the University Housing Division maintain lists of available apartments and houses in the Charlottesville area
The top floor of The Judge Advocate Generals School building is used by the Officers Open Mess The Winthrop Room is furnished with large comfortable chairs and sofas a color television set piano and other accessories
Officers Open Mess
75
A snack bar located on the fourth floor and operated by the Officers Open Mess personnel now serves breakfast and lunch to its members During the evening hours refreshments and snacks are available
During the year the Mess sponsors a full program of activities and social events for the benefit of its members including dances buffets picnics class receptions social hours and other activities
c Boolzstore The Bookstore now located on the first floor of The Judge Advocate Generals School is easily accessible to all patrons Various personal items uniform accessories stationery supplies cigarettes and tobacco souvenir items and books are available
d Commissary Facilities During part of FY 73 the School was able to arrange for a truck to bring commissary products from Richmond to Charlottesville Although this service has been discontinued procedures are SSG John Huffman
being taken to have the operation reinstated Bookstore Manager
Commissary Operations in Charlottesville
76
e Logistics The Logistics Office provides assistance and advice in arranging for shipment andor storage of household goods for military personnel assigned to the School and members of the Advanced and Basic Classes In addition the Division provides budget and contracting services for all money expended by the School
f Personnel and Finance The Adjutants Office is responsible for the processing of all incoming and outgoing personnel the maintenance of individual records and the operation of the School mail room The office also acts as liaison with the Civilian Personnel Division at the US Army Foreign Science and Technology Center in Charlottesville which is responsible for the Schools civilian employees
Although the School has no finance CPT William K Thompson officer the Adjutants Office is available to Chief Logistics provide necessary assistance and advice in matters relating to pay and allowances Close contact is maintained with the servlcmg Finance and Accounts Offices in Washington and at Fort Lee
g Health Care Facilities The Judge Advocate Generals School lS sateIlitccl on Kenner Army Hospital at Fort Lee Virginia for medical and dental care Locally a contract surgeon provides outpatient services for military personnel Because of the distance from a US Army hospital dependents of personnel stationed at The Judge Advocate Generals School are entitled to the benefits provided under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS)
Dental care and eye examinations for military personnel assigned to the School are available from any local dentist and eye doctor on an individual contract basis CIYT Richard J Lynch however there are no provisions for such care Adjutant
for dependents
77
h Athletic Facilities Assigned and attached military personnel and all students are permitted to use all athletic facilities of the University of Virginia Both the School and the Intramural Department of the University have a limited amount of athletic eq uipment for the use of students and the staff and faculty
i Public Information Office During Fiscal Year 1973 the Plans Division succeeded by the Services Division conducted a comprehensive public information program with increased emphasis on obtaining the broadest possible coverage of all events occurring at The Judge Advocate Generals School
J Post J~idge Advocate During Fiscal Year 1973 following the reorganization of the School the Post Judge Advocate provided legal assistance to armed forces personnel and dependents in the Charlottesville area Liaison has been established with the local Red Cross and Legal Aid Society to assist the department in their respective fields of expertise The caseload averages over 50 clients per month and consists of the type of problems customarily encountered in legal assistance offices in the field
The Post Judge Advocate is also responsible for processing claims anS1J1g from incidents in the Charlottesville area and transit damage for all local military personnel The School has authority to settle and pay claims up to $1000 Fifty-five claims were processed in Fiscal Year 1973
CPT Robie and Miss Brown
78
APPENDIX A
ORGANIZATIONAL ROSTER THE JUDGE ADVOCATE GENERALS SCHOOL
(As of 30 June 1973)
COMMANDANT COL John Jay Douglass
OFFICE OF THE SCHOOL SECRETARY
School Secretary LTC Edward C Seufert Post Judge Advocate and CPT William R Robie
Asst School Secretary Adjutant CPT Richard Lynch Chief Logistics CPT William K Thompson Budget Officer Mr Joseph S White Supply Sergeant SFC Eddie H Green Chief Services Division CPT Arthur R Shepherd Protocol Officer 2LT Richard D Lyles Manager Officers Open Mess SSG Joe Mauldin Librarian Mrs R Vivian Hebert
ACADEMIC DEPARTMENT
Director COL William S Fulton Jr Operations Officer MAJ John W Begiebing Project Officer CPT William S Hopson IV Assistant to Director CPT Thomas E Workman Paralegal Training Officer CW2 Charles L West Educational Advisor Mr John A Sanderson Deputy Director for MAJ James A Endicott Jr
Nonresident Instruction Extension Course Officer CPT Joseph W Hely Jr
Procurement Law Division
Chief MAJ Richard E Mowry Senior Instructor MAJ Terrence E Devlin Instructors CPT Richard C Bruning
CPT Thomas R Wagner
79
International amp Comparative Law Division
Chief MAJ James R Coker Senior Instructor MAJ James J McGowan Jr Instructors MAJ Charles A White
CPT David E Graham
Criminal Law Division
Chief LTC Hugh R Overholt Senior Instructor MAJ Paul H Ray Instructors MAJ Nancy A Hunter
MAJ Philip M Suarez MAJ Francis A Gilligan CPT William H Parks USMC CPT Jan Horbaly CPT Edward J Imwinkelried
Civil Law Division
Chief LTC David A Fontanella Senior Instructor MAJ Paul J Rice Instructors MAT Jack F Lane Jr
CPT George W Clarke CPT Bernard R Adams CPT Ronald C Griffin CPT Donald N Zillman
RESERVE AFFAIRS AND SPECIAL PROJECTS
Assistant Commandant for LTC Keith A Wagner Reserve Affairs
JAGC Reserve Components LTC James N McCune Career Management
Training Office
Chief CPT Eldon D Roberts
80
DEVELOPMENT DOCTRINE amp LITERATURE DEPARTMENT
Director Development Officer Professional Liaison Officer
Military Operations Management amp Plans
Chief InstructorProject Officer
Doctrine amp Literature
Chief Editor Military Law Review
LTC John L Costello Jr CPT Royal Daniel III CPT John D Horne
MAJ James R Wessel MAJ William J Dwyer
CPT Stephen L Buescher CPT Miles J Mullin
81
APPENDIX B
BACKGROUND INFORMATION ON OFFICER PERSONNEL
1 Active Duty Personnel (As of 30 June 1973)
COLONEL JOHN JAY DOUGLASS JAGC Commandant AB 1943 University of Nebraska JD 1952 University of Michigan MA 1964 George Washington University LLM 1973 University of Virginia Member of the Bars of Nebraska Michigan Republic of Korea and the US Court of Military Appeals
COLONEL WILLIAM S FULTON JR JAGC Director Academic Department JD 1950 University of New Mexico Member of the Bars of New Mexico US Court of Oaims US Court of Military Appeals and the US Supreme Court
LIEUTENANT COLONEL JOHN L COSTELLO JR JAGC Director Development Doctrine and Literature Department AB 1952 Dickinson College JD 1955 Qickinson School of Law MS 1964 Fletcher School of Law and Diplomacy Member of the Bars of Pennsylvania Republic of Korea and US Court of Military Appeals
LIEUTENANT COLONEL DAVID A FONTANELLA JAGC Chief Civil Law Division BS 1957 University of Connecticut JD 1964 UniversityofMichiganMEd 1973 University of Virginia Member of the Bars of Connecticut the US Court of Military Appeals and the US Supreme Court
LIEUTENANT COLONEL JAMES N McCUNE JAGC Chief Reserve Training BBA 1953 University of Toledo JD 1959 Georgetown University Law School LLM 1963 Georgetown University Law School Member of the Bars of Virginia the US Court of Oaims the US Court of Military Appeals and the US Supreme Court
LIEUTENANT COLONEL HUGH R OVERHOLT JAGC Chief Criminal Law Division BA 1955 JD 1957 University of Arkansas Member of the Bars of Arkansas US Court of Military Appeals and the US Supreme Court
LIEUTENANT COLONEL EDWARD C SEUFERT FA School Secretary BS 1955 University of Maine
LIEUTENANT COLONEL KEITH A WAGNER JAGC Assistant Commandant for Reserve Affairs BA 1954 JD 1964 Duquesne University Member of the Bars of Pennsylvania the District of Columbia US Court of Military Appeals and the US Supreme Court
83
MAJOR JOHN W BEGIEBING Armor Deputy Director Academic Department BS 1957 Norwich University MA 1968 Stanford University
MAJOR JAMES R COKER JAGC Chief International and Comparative Law Division BA 1960 University of Notre Dame LLB 1961 University of Notre Dame MA 1970 Fletcher School of Law and Diplomacy Member of the Bars of Indiana the US Court of Military Appeals and the Federal District Court of Maryland
MAJOR TERRENCE E DEVLIN JAGC Senior Instructor Procurement Law Division BPh 1962 University of North Dakota JD 1965 University of North Dakota School of Law Member of the Bars of North Dakota US Court of Military Appeals US Court of Garms and the US Supreme Court
MAJOR WILLIAM 1 DWYER JR Armor InstructorProject Officer Military Operations Management and Plans BS 1960 The Citadel
MAJOR JAMES A ENDICOTT JR JAGC Deputy Director for Nonresident Instruction Academic Department BS 1960 The Citadel JD 1968 George Washington University Member of the Bars of Virginia the US Court of Military Appeals and the US Supreme Court
MAJOR FRANCIS A GILLIGAN JAGC Instructor Criminal Law Division BA 1961 Alfred University 1D 1964 State University of New York at Buffalo LLM 1970 The George Washington University Member of the Bars of New York the US Court of Military Appeals and the US Supreme Court and admitted to practice before the Court of Appeals State of New York
MAJOR NANCY A HUNTER JAGC Instructor Criminal Law Division AB 1959 University of Colorado JD 1967 Georgetown Law Center Member of the Bars of Virginia the US Court of Military Appeals and the US Supreme Court
MAJOR JACK F LANE JR JAGC Instructor Civil Law Division BA 1963 University of the South LLB 1966 University of Virginia Law School Member of the Bars of Virginia the US Court of Military Appeals and the US Supreme Court
MAJOR JAMES J McGOWAN JAGC Assistant Chief International and Comparative Law Division BS 1959 Spring Hill College LLB 1962 New York Law School LLM 1970 Georgetown University Law School Member of the Bars of New York the US Court of Military Appeals and the US Supreme Court
MAJOR RICHARD E MOWRY JAGC Chief Procurement Law Division AB 1957 College of Emporia LLB 1960 Washburn University Member of the Bars of
84
Kansas the US Court of Claims the US Court of Military Appeals and the US Supreme Court
MAJOR PAUL H RAY JAGC Senior Instructor Criminal Law Division BS 1955 Connecticut State College LLB 1963 Duke University Law School Member of the Bars of North Carolina the US Court of Military Appeals and the US Supreme Court
MAJOR PAUL J RICE JAGC Senior Instructor Civil Law Division AB 1960 JD 1962 University of Missouri LLM 1970 Northwestern University Member of the Bars of Missouri Illinois the US District Court for the Northern District of lllinois USCourt of Military Appeals and the US Supreme Court
MAJOR PHILIP M SUAREZ JAGC Instructor Criminal Law Division AB 1960 Boston College LLB 1963 Harvard Law School LLM 1970 University of Michigan Member of the Bar of Massachusetts
MAJOR JAMES R WESSEL Armor Chief Military Operations Management and Plans BS 1958 United States Military Academy
CAPTAIN BERNARD R ADAMS JAGC Instructor Civil Law Division AB 1966 Brown University LLB 1969 Yale Law School Member of the Bars of New York and the US Court of Military Appeals
CAPTAIN RICHARD C BRUNING JAGC Instructor Procurement Law Division BBA 1965 University of Iowa JD 1968 University of Iowa Member of the Bars of Iowa the US Court of Military Appeals the US Court of Claims and the US Supreme Court
CAPTAIN STEPHEN L BUESCHER JAGC Senior Legal Editor BA 1966middot Allegheny College JD 1969 Case Western Reserve University Member of the Bars of Ohio and the US Court of Military Appeals
CAPTAIN ROYAL DANIEL III JAGC Combat Development Officer BA 1967 Yale University LLB 1970 LLM 1972 University of Virginia Member of the Bars of Virginia and the US Court of Miiitary Appeals
CAPTAIN DAVID E GRAHAM JAGC Instructor International and Comparative Law Division BA 1966 Texas AampM University MA 1968 The George Washington University JD 1971 University of Texas School of Law Member of the Bars of Texas and the US Court of Military Appeals
85
CAPTAIN RONALD C GRIFFIN JAGC Instructor Civil Law Division BS 1965 Hampton Institute JD 1968 Howard University Law School Member of the Bars of the District of Columbia and the US Court of Military Appeals
CAPTAIN JOSEPH W HELY JR JAGC Extension Course Officer BA 1969 Texas AampM JD 1972 St Louis University Member of the Bars of Missouri and the US Court of Military Appeals
CAPTAIN WILLIAM S HOPSON IV JAGC Project Officer Academic Department BA 1966 LLB 1969 the University of Virginia Member of the Bars of the State of Virginia and the US Court of Military Appeals
CAPTAIN JAN HORBALY JAGC Instructor Criminal Law Division BA 1968 1D 1969 Case Western Reserve Member of the Bars of Ohio and the US Court of Military Appeals
CAPTAIN JOHN D HORNE JAGC Professional Liaison Officer BS 196810 1971 University of Tennessee Member of the Bars of Tennessee and the US Court of Military Appeals
CAPTAIN EDWARD J IMWINKELRIED JAGC Instructor Criminal Law Division BA 196710 1969 University of San Francisco Member of the Bars of California and the US Court of Military Appeals
CAPTAIN RICHARD 1 LYNCH AGC Adjutant BS 1967 The Citadel MBA 1972 Florida State University
CAPTAIN MILES 1 MULLIN JAGC Editor Military Law Review Doctrine and Literature Division BA 1967 Texas Christian University JD 1970 St Marys Member of the Bars of Texas and the US Court of Military Appeals
CAPTAIN WILLIAM H PARKS USMC Instructor Criminal Law Division BA 1963 JD 1966 Baylor University Member of the Bars of Texas Washington and the US Supreme Court
CAPTAIN ELDON ROBERTS JAGC Career Management Officer Reserve Affairs BA 1960 JD 1961 University of North Dakota Member of the Bars of North Dakota and the US Court of Military Appeals
CAPTAIN WILLIAM R ROBIE J AGC Assistant School Secretary and Post Judge Advocate BA 1966 1D 1969 Northwestern University Member of the Bars of Illinois the US Court of Military Appeals and the US District Court for the Northern District of Illinois
86
CAPTAIN ARTHUR R SHEPHERD AGC Services Division Coordinator BS 1966 United States Military Academy
CAPTAIN WILLIAM K THOMPSON QMC Chief Logistics BA 1965 Marquette University JD 1968 University of Wisconsin Law School Member of the Bar of Wisconsin
CAPTAIN THOMAS R WAGNER JAGC Instructor Procurement Law Division BS 1967 Bucknell University JD 1970 Temple University Member of the Bars of Pennsylvania and the US Court of Military Appeals
CAPTAIN THOMAS E WORKMAN JAGC Assistant to Director Academic Department BS 1966 Ohio State University JD 1969 Ohio State University College of Law Member of the Bars of Ohio and the US Court of Military Appeals
CAPTAIN DONALD N ZILLMAN Instructor Civil Law Division BS 1966 JD 1969 University of Wisconsin LLM 1973 the University of Virginia Member of the Bars of California Wisconsin and the US Court of Military Appeals
CW2 CHARLES L WEST Paralegal Training Officer Academic Department
87
2 Mobilization Designees
COLONEL DEMETRI M SPIRO JAGC USAR Deputy Commandant AB University of Chicago 1941 JD DePaul University 1948 Private practice of law Chicago Illinois
COLONEL BENJAMIN H SCHLEIDER JAGC USAR Assistant Director Academic Department BS Agricultural and Mechanical College of Texas 1943 JD University of Houston 1950 Private practice of law Houston Texas
LIEUTENANT COLONEL MORRIS B PETERSON JAGC USAR Assistant Chief Civil Law Division BS University of Oklahoma 1949 LLB University of Oklahoma 1952 LLM New York University 1959 Dean of School of Law University of Tulsa School of Law
LIEUTENANT COLONEL DANIEL J MEADOR JAGC USAR Instructor Civil Law Division AB Auburn University 1949 LLB University of Alabama 1951 LLM Harvard University 1954 Professor University of Virginia School of Law
MAJOR JAMES L BLAWIE JAGC USAR Instructor Civil Law Division BA University of Connecticut 1950 AM Boston University 1951 JD University of Chicago Law School 1955 PhD Boston University 195-9 Professor of Law University of Santa Oara School of Law
MAJOR GEORGE KALINSKI JAGC USAR Instructor Civil Law Division AB Wayne State University 1957 JD Wayne State University 1959 LLM Harvard University 1964 Private practice of law Marina Del Rey California
MAJOR FRANCIS J LARKIN JAGC USAR Instructor Civil Law Division BS Holy Cross College 1954 LLB Georgetown University Law Center 1957 LLM Georgetown University Law Center 1958 Professor Boston College Law School
CAPTAIN WALTER T COX JAGC USAR Instructor Civil Law Division BS Oemson University 1964 JD University of South Carolina 1967 Private practice of law Anderson South Carolina
CAPTAIN ROBERT P DAVIDOW JAGC USAR Instructor Civil Law Division AB Dartmouth College 1959 JD University of Michigan 1962 LLM Harvard University 1969 Professor Texas Tech University School of Law
LIEUTENANT COLONEL AARON S CONDON JAGC USAR Assistant Chief Criminal Law Division BA University of Alabama 1950 LLB University of Mississippi 1952 Associate Professor of Law University of Mississippi
LIEUTENANT COLONEL FRANK W ELLIOTT JAGC USAR Instructor Criminal
88
Law Division BA University of Texas 1951 LLB University of Texas 1957 Professor University of Texas at Austin
LIEUTENANT COLONEL EDWARD L MAGILL JAGC USAR Instructor Criminal Law Division BBA University of Miami 1952 JD University of Miami 1957 Private practice of law Miami Florida
LIEUTENANT COLONEL BENJAMIN M WALL JAGC USAR Instructor Criminal Law Division AA and AB Nebraska and Duke Universities 1951 LLB Harvard Law School 1953 Private practice of law Omaha Nebraska
MAJOR CHAPIN D CLARK JAGC USAR Instructor Criminal Law Division AB Kansas University 1952 LLB Kansas University 1954 LLM Columbia University 1959 Professor of Law University of Oregon
MAJOR THEODORE F FAY JR JAGC USAR Instructor Criminal Law Division BA State University of Iowa 1959 JD State University of Iowa 1962 Private practice of law Hugoton Kansas
CAPTAIN THOMAS C MARKS JR JAGC USAR Instructor Criminal Law Division BS Florida State University 1960 LLB Stetson University 1963 PhD University of Florida 1971 Professor Stetson Law School St Petersburg Florida
LIEUTENANT COLONEL PAUL D SUMMERS JR JAGC USAR Instructor International and Comparative Law Division BS U S Military Academy 1951 LLB University of Virginia School of Law 1957 Trust Officer Citizens Bank amp Trust Company Charlottesville Virginia
MAJOR PASCO M BOWMAN JAGC USAR Instructor International and Comparative Law Division BA Bridgewater College 1955 LLB New York University 1958 Dean Wake Forest University School of Law
MAJOR PAUL M GREEN JAGC USAR Instructor International and Comparative Law Division BBA University of Texas 1957 LLB and JD University of Texas 1957 Private practice of law San Antonio Texas
MAJOR FREDERICK GOLDSTEIN JAGC USAR Instructor International and Comparative Law Division BA Yale University LLB University of Virginia 1958 Private practice of law Boston Massachusetts
CAPTAIN JORDAN J PAUST JAGC USAR Instructor International and Comparative Law Division AB University of California 1965 J S University of California 1968 LLM University of Virginia 1972 J SD Candidate Yale Law School New Haven Connecticut
89
CAPTAIN EDWARD F SHERMAN JAGC USAR Instructor International and Comparative Law Division AB Georgetown University 1959 MA (History) University of Texas 1967 MA (English) University of Texas 1967 LLB Harvard 1972 Assistant Professor Indiana University School of Law Bloomington Indiana
LIEUTENANT COLONEL DONALD H HEDGES JAGC USAR Instructor Procurement Law Division BA University of Washington 1950 LLB University of Washington 1954 Attorney U S Department of Commerce Seattle Washington
MAJOR DONALD T WECKSTEIN JAGC USAR Assistant Chief Procurement Law Division BBA University of Wisconsin 1954 LLB University of Texas 1958LLM Yale Law School 1959 Professor San Diego School of Law San Diego California
MAJOR STRATTON R HEATH JAGC USAR Instructor Procurement Law Division BBA University of Wisconsin 1959 JD University of Wisconsin 1961 Attorney Office of Regional Counsel HITCO Denver Colorado
MAJOR JOHN S MILLER III JAGC USAR Instructor Procurement Law Division BA Hamilton College 1959 LLB University of Virginia 1962 LLM National Law Center George Washington University 1970 Attorney Office of General Counsel GSA Washington DC
MAJOR ROBERT L McCLOSKEY JAGC USAR Assistant Chief Special Training Division ~LB Georgetown University Law Center 1954 LLM Georgetown University Law Center 1955 Attorney Appalachian Regional Commission Washington DC
LIEUTENANT COLONEL EDWARD J ATKINS JAGC USAR Assistant Director Developments Doctrine and Literature Department LLB University of Miami 1963 Private practice of law Miami Florida
CAPTAIN DAVID C CUMMINS JAGC USAR Legal Writer Developments Doctrine and Literature Department BS University of Idaho 1957 LLB University of Washington 1960 Professor Texas Tech University Lubbock Texas
CAPTAIN STEPHEN DAVIS JAGC USAR Legal Writer Developments Doctrine and Literature Department BA Dickinson College 1960 LLB Columbia University 1963 Assistant District Attorney Kings County New York
CAPTAIN WINSTON M HAYTHE JAGC USAR Project Officer Office of the School Secretary BS Southwest Missouri State College 1963 JD College of William and Mary 1967 Private practice of law Washington DC
CAPTAIN CHARLES P ROSE JR JAGC USAR Project Officer Office of the School Secretary AB College of William and Mary 1964 JD Western Reserve University 1967 Assistant Professor Wake Forest University School of Law Winston-Salem North Carolina
90
APPENDIX C
ALLIED STUDENTS - FY 1973
LTC Leon O Ridao Philippines 21 st Advanced Class
MAJ Feraidoon Haji-Aboutaleb Tehrani Iran 21 st Advanced Class
Squadron Leader S M Anwar Pakistan Air Force 21 st Advanced Class
MAJ D H D Selwood United Kingdom 66th Basic Course
CPT Husni Salem AI Omari Jordan 66th Basic Course
91
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APPENDIX F
THESIS TOPICS AND SCOPE NOTES 21 st ADVANCED CLASS
CAPTAIN EILEEN M ALBERTSON USMC The Reversion of Okinawa Its Effect on the International Law of Sovereignty Over Territory
This thesis will analyze the principle that sovereignty over territory once recognized is perpetual and absolute until it is contractually agreed otherwise To do this Okinawa will be used as the factual model and four generally recognized principles of international law will provide the legal basis for discussion After setting the factual and legal stage a determination will be made as to Okinawa IS legal status in the international community the significance of that status the effect of the reversion of Okinawa as evidence of the acceptance of the proposed principle as well as its significance as a basis of major precedent in establishing the principle as international law Finally the relevance of the principle and its applicability and enforceability in a present day situation namely the Middle East crisis will be evaluated
SQUADRON LEADER SHEIKH MUHAMMAD ANWAR Pakistan Administration of Justice in the Pakistan Air Force
A brief review of the development of Pakistan is presented as a background for an explanation of the legal system of the Pakistan Air Force Major aspects of criminal legal system are discussed and include the jurisdictional extent of Air Force law over persons for investigation of charges and summary punishments organization structure and procedures of courts-martial and appellate and constitutional rights of service members Based on a comparative analysis of Pakistan and US military laws recommendations for improvements in limited areas of both systems are presented and discussed
CAPTAIN H JERE ARMSTRONG The Right of Confrontation=Then and Now
This article presents a study of the historical development of the Sixth Amendment Right of Confrontation in Federal and Military courts an analysis of seven tests suggested by the courts for determining when there has been a confrontation within the meaning of the Constitution and a consideration of the term actual unavailability as it relates to the admissibility of extrajudicial declarations in trials by court-martial
MAJOR JAMES A BADAMI Servicemens Unions Constitutional Desirable Practical
This paper examines the historical development of labor-management relations in
97
the private and the public sectors in seeking understanding of the basis for proposed servicemen IS unions It discusses the applicability and limitations of First Amendment rights to members of the military illustrated in court cases and administrative regulations A theoretical justification for such unions is based on successful examples from foreign countries aspects of unionism already present in the American military system and the demonstrated need for unions as an effective grievance procedure The conclusion offers guidelines and boundaries for the operation of servicemen IS unions within the military
LIEUTENANT COMMANDER ROBERT C BERKLEY USN Tax Planning and the Middle-Income Military Investor
This thesis presents an examination of present federal laws relating to tax planning for the middle-income military investor The analysis includes suggestions for tax minimizatiori for the military investor in securities and real estate as well as tax advice designed to assist the military investor in his ultimate goal of family security
MAJOR RICHARD S BUCK IV What Privileges Does the King Still Have in the Market Place
The defense of sovereign acts permits the Government to perform general and public acts as opposed to contractual acts and not be financially responsible to its contractors for the consequences of such acts This paper describes the past history of this doctrine and how it is applied today in such areas as minimum wage laws diplomatic affairs military operations excusable delay internal government operations etc Some changes in this doctrine could be made by changes in standard Government contract provisions
CAPTAIN BERNARD ROLLINS CARPENTER Enlistment--A Contract Status or Marriage
An historical approach to determine the legal nature of the enlistment relationship reveals potential issues which may be a basis for substantial litigation The enlistment relationship as an alleged legal contract and potential legal premises resulting therefrom are questioned in light of statutory enactments and court decision Suggested alternatives to the relationship by courts and writers are reviewed and analyzed for legal efficacy A seemingly settled area may become quite controversial as a volunteer Army is realized The purpose of this thesis is to point out potential areas of dispute define the relationship and suggest possible alternatives
CAPTAIN GEORGE W CLARKE Political Activity of Servicemen The Military Hatch Act and the First Amendment
Political activity by members of the armed forces is severely limited by military
98
regulations This regulatory scheme raises fundamental questions regarding the extent to which the First Amendment applies to servicemen the authority for promulgation of the regulations and the underlying reasons asserted to justify the restrictions This thesis attempts to answer those questions
CAPTAIN JAMES P COLEMAN Waiver by Guilty plea
This thesis examines the doctrines of waiver by guilty plea in military law and formulates a tentative rule by which current and future waiver issues may be analyzed In addition possible future developments in this evolving area of litigation are examined with reference to their probable effect upon the current state of the law
MAJOR DAVID B CRAIG Control and Discipline in the United States Army Reserve
This thesis will present an analysis of the procedures available to the US Army Reserve Unit Commander for the control and discipline of his troops to include a determination of unsatisfactory participation involuntary call to active duty administrative reduction and elimination Additionally this thesis will silhouette the present system against the desires and concepts of the modern volunteer Army to produce specific suggestions and recommendations for the future
CAPTAIN JERALD D CROW USMC Emoluments of Military Service as Community Property
The effects of community property law upon military emoluments are little known nor considered by servicemen Military attorneys counseling servicemen contemplating divorce in community property states are usually unfamiliar with community property implications and have no readily available source of information The author has drawn together the bulk of cases from all community property jurisdictions construing military emoluments An analysis is made of major cases problem areas discussed and conclusions presented as to the commun~ty character of each emolument considered Recommendations are made for dealing with possible problem areas
MAJOR LEONARD H DANCHECK Forgotten My Lais US Intervention Occupation and Pacification in Haiti (1915-1920)
This artic1~ is a case study of the causes and background of the 1915 United States intervention in Haiti the subsequent United States occupation of the country the suppression in 1919-1920 of the insurrection that developed in opposition to American control the alleged atrocities committed during the suppression the reaction to the alleged atrocities by the nations press and the investigations of the alleged atrocities by the Navy Marine Corps and the United States Senate
99
CAPTAIN HOWARD C EGGERS The Specificity Required in Military Search Warrants
This thesis discusses the need for a definite description of the place to be searched and the things to be seized in military search warrants It is an attempt to define specificity standards for the use of military magistrates in drafting warrants An analysis of current civilian standards as revealed in federal case law and present military practices in the search area establishes certain guidelines to be followed
CAPTAIN RUSSELL J FONTENOT Development of the Staff Legal Officers Responsibility Under the Law of War
A study of the origins and development of the criminal responsibility of the individual staff legal officer under the law of war consideration is given to both the effects of international law and the municipalized law of war a detailed analysis is made of the substantive international standards announced at Nuennberg and how these standards were applied not only to the lawyer but also to the commander and his other staff officers
CAPTAIN ROBERT M FRAZEE Flag Desecration Symbolic Speech and the Military
To analyze federal law selected state laws and Army regulations concerning flag desecration as it pertains to freedom of speech Emphasis will be placed upon the public and private interests what is meant by desecration of the flag what is a flag within the meaning of these statutes and what are the particular military interests and responsibilities in the enforcement of flag desecration statutes
MAJOR WENDELL R GIDEON Federal Medical Care Recovery Act Methods and Sources of Recovery and the Impact of No-Fault Insurance
This thesis examines the methods and sources of recovery under the Federal Medical Care Recovery Act and recommends ways of increasing their effectiveness In addition an analysis is made as to the impact that no-fault insurance will have upon the recovery program and to recommend ways of solving the problems which no-fault legislation appears to have created to include enactment of National No-Fault Law and amending the Federal Medical Care Recovery Act itself
CAPTAIN DEWEY CABELL GILLEY JR Using Counsel to Make Military Pretrial Procedure More Effective
An examination of what the role of counsel in pretrial procedure in the military should be Specifically when the right of counsel attaches currently and under constitutional standards what the role of counsel is in pretrial procedure in the military and in civilian jurisdictions and what the role of counsel would be in pretrial procedure
100
as changed by Army pilot programs and by proposed amendments to the Uniform Code of Military Justice The thesis recommends utilizing the safeguards of civilian jurisdictions in pretrial procedure in the military in a way which will preserve command responsibility for morale and discipline
CAPTAIN CHARLES H GIUNTINI Motivating the Military Lawyer
The current retention outlook concerning Judge Advocate General officers and the projections regarding the retention problems of the future require critical analysis of all aspects of the management of those serving on active duty in the corps This thesis discusses the concept of job safisfaction in an attempt to provide the Judge Advocate Manager meaningful suggestions concerning the motivation of the military lawyer
CAPTAIN JOHN C GOLDEN III Doctrine of Immunity Regarding Military Personnel and Federal Employees for Official Acts
An examination of personal liability and the doctrine of immunity pertaining to military personnel and other federal employees for tortious conduct arising from official acts with proposals for providing adequate remedies
CAPTAIN ARTHUR G HAESSIG The Soldiers Right to Procedural Due Process The Right to be Heard
An analysis of the enlisted soldiers right to be heard as an element of procedural due process in certain adverse personnel actions In particular an analysis of present Army regulatory procedures and the due process right to be heard in the revocation of security clearances enlisted separation for unfitness and unsuitability enlisted reduction for civil conviction and for inefficiency bars to reenlistment reclassification of the enlisted soldiers Military Occupational Specialty (MOS) and to the extent that the soldiers career is adversely affected by the preceding actions the Armys Qualitative Management Program The analysis examines thes~ procedures in light of current law and proposes a general regulatory change to insure the soldiers right to be meaningfully heard
MAJOR WILLIAM J HEMMER Violation of the Military Superior--Subordinate Relationship is a Crime Isn It
In the midst of vast hue and cry for the civilization of military justice exists a strident count~rvailing assertion that the Armys discipline is goinghas gone to hell in a handbasket because military justice is too civilianized The author undertakes an interdisciplinary examination of a microcosm the application of criminal sanctions to fraternizations by an officer with an enlisted man From this examination conclusions are drawn as to the dilemma of the larger unity
101
CAPTAIN FRANKLIN D HOLDER USMC A Historical Development of Mutiny
A study of the federal and military acts of mutiny with particular emphasis on the historical development of the substantive law and the jurisdictional aspects
MAJOR WAYNE R ISKRA The Right to Privacy in the Military Service
Trace the historical role of the commander to conduct inspects and briefly compare it with the role of the commander in authorizing searches based on probable cause Compare the military case law on the right of the commander to inspect barracks on post housing place of duty and conduct inventories with the recent civilian case law involving inspections by governmental agencies on private homes and businesses Evaluate the VOLAR concept which appears to place emphasis on making military life more attractive to the soldier ie individual rooms in barracks with the need to solve pressing military problems ie drug abuse Attempt to reach some conclusions as to whether the right of the commander to conduct inspections can andor should b~ broadened I intend to utilize military and civilian law review articles legal and nonlegal publications and civilian and military court decisions with special emphasis on US v Biswell 40LW4489 (1972) and US v Grace 42 CMR 11 (1970)
MAJOR THOMAS A KNAPP Problems of Consent in Medical Treatment and Human Experimentation
After a general review of the history and origin of informed consent the thesis concentrates on the nature of consent with emphasis on the consent form inquiry into the emergency doctrine an analysis of the qualified right of an adult to refuse medical care and an examination of informed consent in human experimentation with comment on the Tuskegee Study The author concludes that a revision of consent forms should insure that the individual has given informed consent that the Army Regulation dealing with the refusal of medical care should be revised to comport with civilian standards and a disinterested third party assist in obtaining informed consent in the area of human experience
CAPTAIN WILLIAM J LEHMAN Suffer the Little Children Child Maltreatment in the Military
This paper examines child maltreatment in an historical context and traces the evolution of civilian laws designed to protect maltreated children The existence of child maltreatment in military families is documented and an analysis made of the existing methods for dealing with the problem within the military The problems peculiar to administration of a child welfare system by the military including jurisdiction and available resources are examined in depth Recommendations are advanced for improving the
102
handling of child maltreatment in the military environment
LIEUTENANT COLONEL MARTIN R LOFTUS What is a Custodial Interrogation in
Military Legal Practice
The objective of this thesis is to determine what is a custodial interrogation in military legal practice Analysis includes a determination of when an interrogation becomes custodial examining five possible texts of focus subjective belief of the person being questioned objective belief of the person being questioned subjective intent of arresting officer and whether the person being questioned is objectively or subjectively a suspect In addition an analysis is also made of what is an interrogation examining the areas of spontaneous statements verbal acts searches handwriting and voice identification
MAJOR HALDANE ROBERT MAYER Constitutionality of Commander Authorized Searches and Seizures
This is a study of the evolution of the constitutional mandate that searches be authorized by neutral and detached magistrates and not by officials engaged in the police activities of government The core of the study is an investigation of search authorization practices in military law specifically the Army and a judgment as to their compliance with the Supreme Courts Fourth Amendment requirement of impartiality on the part of the officer who authorizes searches Recommendations for change in the military process conclude the study
CAPT AIN KENNETH M MITCHELL Is Article 117 Unconstitutional Due to Vagueness and Contrary to the First Amendment
This thesis presents a review and analysis Qf past military decisions involving the offense of Article 17 provoking words and gestures with particular emphasis on the question whether Article 17 is unconstitutional due to vagueness and contrary to the protection afforded by the First Amendment
MAJOR CHARLES A MURRAY The Power of the Post Commander to Proscribe Speech and Expression
A study of the power of the post commander to proscribe speech and expression on post with particular emphasis on those powers explicitly set forth by statutes those powers implicit by statutes and regulations and the recent case law with a view towards ascertaining the current legal status of those powers
103
CAPTAIN WILLIAM J NORTON II United States Obligations Under Status of Forces Agreements A New Method of Extradition
This article examines the rights and obligations acquired and undertaken by the United States Government and its Armed Forces under the numerous Status of Forces Agreements concluded by the United States since 1951 to determine whether the United States has any international duty stemming from those agreements to return to foreign states or in effect to extradite individuals who allegedly commit crimes in the foreign state but happen to depart that state before its full criminal processes have been exhausted
CAPTAIN MAURICE J OBRIEN Scanwell-Light at the End of the Tunnel
This article analyzes an unsuccessful bidders entitlement to judicial review of a procurement award It also examines the judicial remedies available to an unsuccessful bidder and the rules and procedures for their application It evaluates the effects and the effectiveness of the judicial relief provided and it concludes with a suggestion for a more appropriate review procedure
CAPTAIN WILLIAM H PARKS USMC Command Responsibility
A comparative analysis of war crimes trials involving command responsibility in order to determine the standards required of a military commander in combat with regard to prevention investigation reporting and prosecution of war crimes Included in this examination will be a view of the criminal responsibility of the com bat commander possible offenses and the question of degree of intent required
CAPTAIN FRANK J PYLE JR Light at the End of the Tunnel-Prison Exile or Amnesty
Beginning with the backdrop of dissent and the end of United States participation in Vietnam the history of amnesty is examined The emphasis is on United States history and the sources of authority for granting amnesty in the United States To focus on todays situation the possible amnesty claimants are examined as well as the forms in which an amnesty might be granted Considerations and arguments for and against granting amnesty are given Possible implementation is examined with a prediction as to the possibility of a post-Vietnam amnesty
CAPTAIN ROYCE C RICH Liability Under the Federal Tort Claims Act During Permanent Change of Station Travel
The purpose of this thesis is to examine the divergent holdings of the various United States Circuit Court of Appeals on the issue of scope of employment under the Federal
104
Tort Claims Act in the case of nilitary personnel during permanent change of station travel An analysis will be made of the factors considered by the courts in their opinions and a comparison will be made with the legislative intent of Congress when it passed the Federal Tort Claims Act Finally appropriate corrective action will be outlined which will help preserve the intent of Congress when it passed this Act
LIEUTENANT COLONEL LEON O RIDAO Republic of the Philippines The Philippine Claims to Internal Waters and Territorial Sea An Appraisal
Who shall control the seas and for what purposes These Professor Schewebel states are the great issues involved in the contemporary worldwide struggle over the content of the law of the sea Nations of the world have been confronted with these issues ever since the great voyages of discoveries and the growth of navies of the States Recent advances in technology have heightened the conflict In view of such technological strides more and more States have found greater need for the exercise of sovereignty or jurisdiction over larger portions of the sea adjacent to their coasts than ever before Asserted interests are diverse and important The result is the rise of so many competing national claims that it may well be said that the present international law of the sea like the sea itself is in perpetual movement it is in a state of upheaval
The Republic of the Philippines consider as part of its national territory all the waters lying within the international treaty limits of the Philippines
It is the purpose of this study to determine the validity under international law of these Philippine claims to its internal waters and territorial sea
CAPTAIN JEROME W SCANLON JR The Scope of a Search Incident to a Lawful Arrest
This thesis presents an analysis of the law of the scope of a search incident to a lawful arrest as developed by the United States Supreme Court and other courts The author develops the rationale used to formulate the rules in the three types of areas which are the subject of such a search-the premises where the arrest took place the vehicle driven or occupied by the accused at the time of arrest and the search of the arrestees person This thesis also outlines the considerations which must be taken into account by the arresting police officers and the prosecuting attorney in order to sustain a particular search
CAPTAIN WILLIAM N SCHNELL The Decline of the Judicial Doctrine of Nonreviewability of Military Decisions Ordering or Denying Discharges
An examination of recent federal court decisions revealing an increased judicial trend to review some administrative proceedings affecting internal matters of the military and maintaining the traditional judicial doctrine of nonreviewability of military discretionary acts
105
CAPTAIN TIMOTHY J SIMMONS The Post Trial
This thesis briefly examines the historical antecedents to the present post trial review It then discusses the present requirements which have been imposed statutorily and judicially Alternative approaches to the present formalized system are discussed and specific recommendations are made to create a more workable post trial review Finally an interim approach is recommended to reduce the problems with the post trial review until statutory changes can be made
MAJOR FERAIDOON H TEHRANI Imperial Iranian Army Comparison of Military and Civilian Criminal Procedures in Iran
This paper examines the criminal proced ures in the military and civilian courts in Iran Where the procedures are similar the military court procedure is discussed otherwise the differences are reviewed and compared in detail
CAPTAIN CHARLES W TRAINOR The Buy American Act An Examination Analysis and Comparison
This study examines the principles of the Buy American Act from its inception through its present application noting those consistencies and inconsistencies with the original legislative intent of the 1933 Act and resultant effect of the Executive Order of 1954 The Act is further compared with the Most Favored Nation IS Gause and the exculpatory paragraphs of the General Agreements on Tariffs and Trade dealing with buy-national policies of its member states The buy-domestic policies of seventeen nations are then set forth distinguishing the United States policy as enumerated in the Act Concluding the study are suggestions for further implementation of the Act making it more responsive to those it was intended to serve
MAJOR CHARLES A WHITE JR Residual Value--Candles and Costs
This paper discusses the problems inherent in the recovery of residual value for United States investments in the Federal Republic of Germany 1963-1973 It details the background of the US operations concerning real estate through the Occupation Period (1945-1955) and into the Contractural Relations Period (1955-1963) The negotiations of the Damages and Residual Value Articles of the Supplementary Agreement is covered in detail The paper encompasses all legal and practical aspects arising under the provisions of Articles 41 and 52 as they pertain to residual value A general world-wide survey of the subject is not included
106
APPENDIX G
GUEST MEMBERS THESIS EVALUATION COMMITTEES 21 st ADVANCED CLASS
Brigadier General Edmund Montgomery USAR Lieutenant Colonel Thomas H Davis
Administrative Law Division OTJAG Colonel R D Michelson
USMC HQ U S Marine Corps Washington D C Professor Robinson O Everett
Duke University Durham North Carolina Dr Thomas H Hunter
UVA Medical School Professor Lawrence Gaughan
Washington amp Lee University School of Law Lieutenant Colonel Wayne E Alley
Judge U S Army Court of Military Review Professor John Ritchie
UVA Law School Major General Kenneth J Hodson
Chief Judge U S Army Court of Military Review Lieutenant Colonel Richard McNealy
Deputy International Affairs Division OTJAG Professor Walter J Wadlington
UVA Law School Mr James Michael
Office of Legal Adviser Department of State Major William G Eckhardt
Litigation Division OTJAG Lieutenant Colonel Ronald M Holdaway
Chief Government Appellate Division OTJAG Professor Richard E Speidel
UVA Law School Professor Carl McFarland
UVA Law School Professor Charles H Whitebread
UV A Law School Mr John Schulz
Editor-in-Chief Military Law Reporter Washington D C Colonel Joseph Van Oeve Jr
Chief Contract Appeals Division OTJAG
107
Colonel William T Rogers Senior Judge U S Army Court of Military Review
Professor James Bond Washington amp Lee University School of Law
Professor Donald Curtis Administrative Assistant Graduate School of Business Administration UVA
Brigadier General Lawrence H Williams Assistant Judge Advocate General for Military Law OTJAG
Mr Philip M Wilson U S Army Claims ServiceFt Meade Maryland
LCDR Thomas R Santfer HQ Department of the Navy Washington D C
Major Frank Stone SOFA Team Chief International Affairs Division OTJAG
Mr Waldemar A Solf Chief International Affairs Division OTJAG
Colonel Alton H Harvey Chief Military Justice Division OTJAG
Lieutenant Colonel Abraham Nemrow (Ret) Clerk Court of Military Review
108
APPENDIX H
21st ADVANCED CLASS GRADUATES
CPT Eileen M Albertson USMC CPT Franklin D Holder USMC SQUAD LDR Sheikh Muhammad Anwar MAJ Wayne R Iskra CPT Henry J Armstrong CPT Henry C Karlson MAJ James A Badami MAJ Thomas A Knapp LCdr Robert C Berkley USN CPT William J Lehman MAJ Richard S Buck IV LTC Martin R Loftus CPT Bernard R Carpenter MAJ Haldane R Mayer CPT George W Clarke CPT Kenneth M Mitchell CPT James P Coleman MAJ Charles A Murray MAJ David B Craig MAJ William J Norton II CPT Jerald D Crow USMC CPT Maurice J OBrien MAJ Leonard H Dancheck CPT William H Parks USMC CPT Howard C Eggers CPT Frank J Pyle Jr CPT Russell J Fontenot CPT Royce C Rich CPT Robert M Frazee LTC Leon O Ridao MAJ Wendell R Gideon CPT Jerome W Scanlon Jr CPT Dewey C Gilley Jr CPT William N Schnell CPT Charles H Giuntini CPT Timothy J Simmons CPT John C Golden III CPT Feraidoon H Tehrani CPT Arthur G Haessig CPT Charles W Trainor MAJ William J Hemmer MAJ Charles A White Jr
109
APPENDIX I
ACADEMIC AWARDS 21 st ADVANCED CLASS
HIGHEST OVERALL CLASS STANDING
Award for Professional Merit -- American Bar Association
CAPTAIN GEORGE W CLARK CAPTAIN HOWARD C EGGERS CAPTAIN HENRY C KARLSON
SECOND HIGHEST OVERALL CLASS STANDING
Award for Professional Merit -- The Judge Advocate Generals School
CAPTAIN DEWEY C GILLEY JR
HIGHEST STANDING IN CIVIL LAW
Award for Distinguished Accomplishment - Judge Advocates Association
CAPTAIN HENRY C KARLSON
HIGHEST STANDING IN CRIMINAL LAW
Judge Paul W Brosman Award -- United States Court of Military Appeals
CAPTAIN HENRY C KARLSON
HIGHEST STANDING IN INTERNATIONAL AND COMPARATIVE LAW
Award for Distinguished Accomplishment - The Judge Advocate Generals School
CAPTAIN HENRY C KARLSON
HIGHEST STANDING IN MILITARY COMMAND AND STAFF
Plaque - Association of the United States Army
CAPTAIN DEWEY C GILLEY JR
III
HIGHEST STANDING IN PROCUREMENT LAW
Award for Distinguished Accomplishment -- The Foundation of the Federal Bar Association
CAPTAIN HOWARD C EGGERS
OUTSTANDING THESIS
Award for Distinguished Scholarship -- The Judge Advocate Generals School
CAPTAIN GEORGE W CLARKE
112
APPENDIX J
65th BASIC CLASS GRADUATES
CPT Robert F Apgar CPT Kenneth L Baker LT Robert L Beauregard USCE CPT Paul C Besozzi CPT Burk E Bishop CPT Charles W Boohar J r CPT Mack W Borgen CPT Victor S Carter Jr CPT Michael R Caryl CPT Joseph W Ca~per
CPT Madge K Casper CPT Dayton M Cramer CPT David M Curtis CPT Charles B Dickson MAJ Alfred J Dirska CPT Robert D Doane CPT Terence M Donnelly CPT John E Dorsey LT Winona G Dufford USCG CPT Jerry G Du Terroil CPT David R Dowell CPT Stephen A J Eisenberg LT Robert W Ferguson USCG LT Philip L Font USCG CPT Raymond G Frere CPT John W Fryer CPT John P Halvorsen CPT Patrick K Hargus CPT Dennis E Harrold CPT James R Hill Jr CPT John R Hill CPT Earl T Hilt s LT Franklin D Hoffman Jr USCG LT Francis P Hopkins Jr USCG CPT Harry D Hoskins III
66th BASIC
CPT Thomas B Allen CPT James W Almand
CPT George W House CPT Sammy S Knight CPT Gary J Krump CPT Ralph E Larson CPT Fredric I Lederer CPT Gerald J Leeling CPT David R Lorence CPT John W Lewis CPT John R MacPherson CPT Gary R McSpadden CPT Peter H Mathis CPT Jack H Morgan LT Howard S Myers III USCG CPT Joyce E Plaut CPT Peter K Plaut LT Robert J Reining USCG CPT Nicholas P Retson CPT George D Reynolds CPT Paul A Robblee Jr CPT Stephen H Rovak CPT John G Sauer CPT Lawrence L Severson LT William B Short Jr USCG CPT Dale B Smith CPT Nick J Staihar CPT Lewis R Stark CPT Richard G Stein LT James J Tamulski USCG CPT Thomas N Tromey CPT Vaughan E Taylor CPT Stephen G Varga CPT Dennis J Wing CPT Donn T Wonnell CPT Edward R Ziegler LT Stephen H Zimmerman USCG
CLASS GRADUATES
CPT Richard S Blakely CPT Alexander L Blondeau Jr
113
CPT Paul L LuedtkeCPT Stanley D Brown CPT Robert A McSorley CPT Chester H Budz CPT Ronald J MedarisCPT Richard W Cairns CPT Larry S MerckCPT Barry N Capalbo CPT Donald Morgan CPT John E Caulking CPT Philip E Mullin CPT Peter B Crary CPT Husni Salem Omari Jordanian Army CPT Willis D Cronkhite III CPT Frank T Pandora II CPT Patrick F Crow CPT Jerry R ProthroCPT King K Culp CPT Joseph A RehyanskyCPT James R Dedrick CPT Eldon D RobertsCPT Peter M Desler CPT Robert W SchiveraLT John H Distin USCG CPT John F SchmutzCPT Daniel J Dykstra Jr CPT Gerald A SchroederCPT James S Eakes CPT Paul M ScottCPT Frank B Ecker Jr CPT John R SeeronenCPT Robert D Ganstine CPT Ruurd C SegaarCPT James L Goetz MAJ David HD Selwood British Army CPT Michael H Gottesman CPT Frederic N SmalkinCPT Keith H Harnack CPT Brian K SmithCPT John D Hand CPT Ronald M SmithCPT Joseph W Hely Jr CPT Stephen L SmithCPT Ted B Herbert CPT Shelby L Starling JrCPT James A Hightower Jr CPT Richard T St Clair CPT Paul F Hill CPT Guyton O Terry JrCPT Stephen A Husman CPT Lewis L Thompson JrCPT Joseph P Kulik Jr CPT Harry A Tucker Jr CPT Harry L Lamb Jr CPT Lanny T Winberry CPT Lafayette J Lamb CPT Lawrence E Wzorek CPT Mark R Lindenmeyer
67th BASIC CLASS GRADUATES
CPT Raymond R DeckertCPT George W Bailey Jr CPT Leroy L De NooyerCPT William J Baker CPT John J DioguardiCPT K Reid Berglund CPT Chauncey W Durden III CPT William G Berkson CPT Gregory L EdlefsenCPT John D Billingslea Jr CPT William H EldridgeCPT Jack T Brooks CPT Ray A FarringtonCPT Edward G Bryant CPT Dominic A Femino JrCPT Stephen R Burns CPT Frank T FlanneryCPT Demmon F Canner CPT Cecil G Foster JrCPT Richard A Cefola CPT Charles C FreyerCPT Matthew J Coco CPT William P FugelsoCPT Peter J Curry CPT Russell J GeoffreyCPT Lawrence R Daniels
114
CPT Jerry H Gilbert CPT Daniel R Grills CPT Robert L Guinn CPT Alfred H Juechter Jr CPT Marshall M Kaplan CPT Douglas 1 Kaukl CPT Donald L Ketels Jr CPT Dennis A Klejna CPT Carlos E Lazarus CPT Jerome L Lemberger CPT John J Madden Jr CPT Frank C Marshall Jr CPT John B Martin CPT Carlos G Martinez CPT Everett D Marvin III CPT Roger K Masuda CPT Dale V Matthews CPT Daniel C McCarthy CPT Samuel P Militello CPT Clifford J Moy CPT Paul S Murphy CPT Steven D Needle CPT Charles M Nester CPT John K Northrop
CPT James M Norton CPT Willard E Nyman III CPT Louis F Pine II CPT Robert A Prentice CPT Herbert L Raiche CPT John T Rank CPT Michael G Rice CPT Wayne G Rod CPT James H Rosenblatt CPT Michael L Rudasill CPT James A Rupp CPT Stephen V Saynisch CPT Benjamin H Settle CPT Charles W Sheehan Jr CPT Anthony J Siano CPT Douglas C Smith CPT William L Sossaman CPT Craig L Stevenson CPT Marshall M Sweeney CPT Allan A Toomey CPT Martha J Trudo CPT John K Vreeland CPT Craig M Wilson CPT Eduard T L Zijlstra
68th BASIC CLASS GRADUATES
CPT Richard C Bentley CPT Fay the A Blake CPT John R Bone LT Robert G Bright USCG CPT William 1 Caron CPT Larry G Cecil CPT Ronald L Chapman CPT Hugh E Cherry CPT Michael C Denny CPT Graydon W Dimkoff CPT Ronald E Erickson CPT Ralph J Frick Jr CPT Lester M H Goo CPT Glenn S Hara CPT William C Jaekel CPT Thaddeus J Keefe III
CPT Leslie E LeDoux II CPT Robert A Long Jr CPT William G F Mill er CPT Kenneth E Mitchell LT James D Morgan USCG CPT Robert E Morris CPT Vahan Moushegian Jr CPT Frank R Newett CPT Richard H Nixon CPT James P Ring CPT Conrad J Rybicki CPT Ronald J Shea LT John E Shkor USCG CPT Lawrence A Smith CPT Frank J Wagner Jr CPT Alvern C Weed
115
bull
APPENDIX K
BASIC CLASS ACADEMIC AWARDS
American Bar Association Award for Professional Merit (highest overall academic standing)
CPT Robert F Apgar 65th Basic CPT Lawrence E Wzorek 66th Basic CPT John K Vreeland 67th Basic CPT Robert A Long Jr 68th Basic
Commandants Award for Professional Merit (second highest overall academic standing)
CPT John R MacPherson 65th Basic CPT Frederick N Smalkin 66th Basic CPT John T Rank 67th Basic CPT Glenn S Hara 68th Basic
Judge Paul W Brosman Award United States Court of Military Appeals (highest standing in Criminal law subjects)
CPT Robert F Apgar 65th Basic CPT Gerald J Leeling 65th Basic CPT John R MacPherson 65th Basic CPT Peter K Plaut 65th Basic CPT Dale B Smith 65th Basic CPT James W Almand 66th Basic CPT Frederick N Smalkin 66th Basic CPT Harry A Tucker Jr 66th Basic CPT Lawrence E Wzorek 66th Basic CPT John K Vreeland 67th Basic CPT Robert A Long Jr 68th Basic CPT Frank R Newett 68th Basic
The Foundation of the Federal Bar Association Award for Distinguished Accomplishment (highest standing in Procurement Law subjects)
CPT Charles B Dickson CPT Frederick N Smalkin CPT John J Dioguardi CPT William C Jaekel
65th Basic 66th Basic 67th Basic 68th Basic
117
Judge Advocates Association Award for
CPT Joyce E Plaut CPT James W Almand CPT Paul M Scott CPT Lawrence E Wzorek CPT George W Bailey Jr CPT Hugh E Cherry
Achievement (highest standing in Civil Law)
65th Basic 66th Basic 66th Basic 66th Basic 67th Basic 68th Basic
Association of the United States Army Plaque (highest standing in Phase I)
CPT John R Hill CPT Alexander L Blondeau Jr CPT Willis D Cronkhite CPT John J Dioguardi CPT Ronald L Chapman
65th Basic 66th Basic 66th Basic 67th Basic 68th Basic
118
GUEST
SPEAKER
Mr Roscoe J Ailor Chief Recovery Division U S Army Claims Service Fort Meade Maryland
Professor Richard C Allen Director Institute of Law Psychiatry and Criminology George Washington University
Mr Harry H Almond Jr Senior Attorney-Advisor Office of General Counsel for International Affairs Office of Secretary of Defense
BG Bruce C Babbitt USA Assistant Judge Advocate General for Civil Law
Professor Richard R Baxter Harvard University School of Law
LTC Harry Beavers MC Chief Family Planning Service Walter Reed Medical Center
Colonel Myron Birnbaum USAF U S Air Force Judiciary
Major Ramond K Bluhm U S Army Civil Affairs School Fort Bragg North Carolina
Professor James E Bond School of Law Washington amp Lee University
APPENDIX L
SPEAKERS AND VISITORS
TOPICPURPOSE OF VISIT
Oaims Administration Panel
Examination of a Psychiatrist
The Law of War - Applied to Weapons and Targets
Addressed Opening Exercises of the 54th Procurement Attorneys Course and the Third Procurement Attorneys Advanced Course conducted Advanced Class Seminar
Perspectives on Work Being Done on the Geneva Conventions of 1949
Family Counseling and Family Planning
Armed Services Correctional Program
U S Civil Affairs Current Developments
Internal Conflicts and Common Article 3
119
Captain Michael A Brodie JAGC Litigation Division OTJAG
Captain Clifford D Brooks JAGC Procurement Law Division OTJ AG
Dr Robert Brown Psychiatrist Charlottesville Virginia
Mr Thomas V Bryant Jr Office of the General Counsel Small Business Administration
Mrs Nancy Buc Assistant Director for Consumer
Education Bureau of Consumer Protection Federal Trade Commission
Mr Francis T Buckley Chief Counsel U S Army Missile Command Redstone Arsenal
Hon John A Busterud Deputy Assistant Secretary of Defense Washington D C
Hon J Fred B uzhard t General Counsel Department of Defense
Mr John Carey Partner Coudert Bros Law Firm New York
Major General J S Cheney USAF The Judge Advocate General U S Air Force
Evaluation and Settlement of Suits under the Federal Tort Claims Act and Federal Care Recovery Act The Federal Medical Care Recovery Act
Labor Standards in Government Contracts Special Interest Institutes
Family Law Panel
The 8(a) Subcontracting Program
Consumer Protection Panel
Weapons Systems Acquisition vs Procurement at Post Camp and Station Level
Environmental Quality
Addressed 1972 JAG Conference
Recent Developments in Human Rights
Conducted Advanced Oass Seminar
120
Dr Lawrence E Chermak Funding of Major Acquisitions Counsel for the Comptroller of the Navy Office of the General Counsel Department of the Navy
Colonel Jerry E Connor USAF Chief Legal Assistance Division OTJAG Department of the Air Force
LTC Albert A Covington JAGC Staff Judge Advocate Retraining Brigade Fort Riley Kansas
Mr Richard Cunningham Office of the General Counsel U S Army Corps of Engineers
Mr Gilbert Cuneo Partner Sellers Conner amp Cuneo Washington D C
Mr Overton A Currie Partner Smith Currie amp Hancock Atlanta Georgia
Mr Jerome J Curtis Jr Assistant Professor of Law Marshall-Wythe School of Law College of William and Mary
Hon William H Darden Chief Judge U S Court of Military Appeals
Hon Arno H Denecke Associate Justice Oregon Supreme Court
Mr Edwin Dosek Bureau of Consumer Protection Federal Trade Commission
Current Status and Future Plans for Pilot Legal Services Program
Retraining the Soldier
The Army What the Future Holds The Army An Impact Statement on the Effects of Environmental Law-The Lawyers View
Contractors View of Board of Contract Appeals
Contractors View of Performance Problems of Construction Contracts
Real Estate Transactions
Addressed JAGSO Units
Hearsay Hazards
Consumer Protection Panel
121
Mr Dolf Droge National Security Council Staff The White House
Mr Stanley Dubroff Chief Counsel Electronics Command Fort Monmouth New Jersey
LTC Joseph A Dudzik JAGC Procurement Law Division OTJAG
Hon Robert M Duncan Judge United States Court of Military Appeals
Major William G Eckhardt JAGC Chief Personnel Affairs Branch Litigation Division OTJ AG
Colonel John L Fellows Jr ARM Commanding Officer U S Army Garrison Presidio of San Francisco
Mr Allen Felts Oaims Training Director Eastern Regional Office State Farm Insurance Company
Mr Nicholas A Fidandis Commissioner Federal Mediation amp Conciliation Service
Colonel Zane E Finkelstein JAGC Office Chairman Joint Chiefs of Staff Department of Defense
Mr Lawrence D Gaughan Associate Professor of Law Washington amp Lee University School of Law
An Analysis of the Vietnam Situation
Practical Aspects of Contract Types and Negotiation Procurement EthiQs
Current Developments in Procurement Law
The Military Judge and the Court of Military Appeals
Helping a Commander Control his Installation Relationships Between DA and Department of Justice and Litigation Reports Panel
The Legal Problems of an Installation Commander
Insurance Company View on Claims Settlement
Impasse Mediation
Joint Chiefs of Staff On-Going Agreements
An Outline of the Civil Law System and Doctrine Civil Affairs in Combat The Israeli Experience
122
Captain Norman L Goldberg JAGC Military Personnel Law Team Administrative Law Division OTJAG
Colonel Viviano Gomez Jr JAGC Staff Judge Advocate U S Army Training Center Fort Ord California
Professor Gidon A G Gottlieb School of Law New York University
Captain Kenneth E Gray JAGC Office of the Staff Judge Advocate U S Army Training Center Infantry Fort Dix New Jersey
Air Vice Marshal Eric G Hall Pakistan Embassy Washington D C
Captain Andrew M Harkness JAGC Procurement Law Division OTJ AG
LTC R G Harmer British Embassy Washington D C
Mr Neal Harrison Director Classification Division U S Disciplinary Barracks Fort Leavenworth Kansas
Colonel Alton H Harvey JAGC Chief Criminal Law Division OTJAG
Mr Elliot Harwood Deputy Assistant Director Plans and Policy Office of Director of Defense Research and Development
Contemporary Problems in Personnel Separations
Conducted Advanced Class Seminar
National Implementation of the Laws of War
The Pilot Program-Present and Future
Distinguished Guest at the 21 st Advanced Oass Graduation
Labor Standards in Government Contracts
Liaison Visit
U S Disciplinary Barracks and Army-Air Force Clemency and Parole Board
Law Office Management
Weapons Systems Acquisition
123
LTG Joseph M Heiser Jr USA Deputy Chief of Staff for Logistics
MG Kenneth J Hodson USA Chief U S Army Legal Services Agency
LTG Harris W Hollis USA Chief Office of Reserve Components Department of the Army
Colonel Kenneth A Howard JAGC Chief Trial Judiciary OTJ AG
Captain Fred Huff JAGC Lands Office OTJAG
Hon Hadlai A Hull Assistant Secretary of Army for
Financial Management
Mr Michael R Jetter Internal Revenue Service Richmond Virginia
Mr Robert Johnson Harris Tuck Freasier amp Johnson Richmond Virginia
Mr Nathaniel Jones General Counsel NAACP New York New York
Professor Yale Kamisar School of Law University of Michigan
Professor Delmar Karlen School of Law New York University
Importance of Legal Officers in Logistics
Conducted Advanced Class Seminar 11th Military Judge Course Graduation
Addressed National Guard Conference
Records Reports and Administration Panel Sentencing General and Special Findings
Environment and Law
21 st Advanced Class Graduation Speech
Rent and Price Controls
A Plaintiffs Lawyer Looks at Torts Practice
Task Force on the Administration of Military Justice in the Armed Forces
Second Annual Kenneth J Hodson Lecture in Criminal Law
First Annual Edward H Young Lecture in Military Legal Education
124
Captain Elton J Keeley INF U S Army Civil Affairs School U S Army Institute for
Military Assistance Fort Bragg North Carolina
Colonel William R Kennedy USAF U S Air Force Judiciary
CW2 Dieter P Kohler U S Army Claims Service
Mr L David Korb Deputy Director Office of Labor-Management Relations U S Civil Service Commission
Captain Royce C Lamberth JAGC Litigation Division OTJAG
Hon Francis J Larkin Third District Court Milford Massachusetts
LTC Edward A Lassiter JAGC Assistant Chief Military Justice Division OTJAG
Mr Shao-chuan Leng Professor of Government and
Foreign Affairs University of Virginia
Captain Morris 1 Lent JAGC Deputy Staff Judge Advocate U S Army Engineer Center Fort Belvoir Virginia
Mr William Lessin Office of Directorate for Personnel
and Community Activities Fort Belvoir Virginia
U S Civil Affairs Orientation
Records Reports and Adninistration Panel
Claims Administration Panel
The Federal Labor-Management Relations Program Today
Military Personnel Law Litigation
Judicial Technique and Administration
Current OTJAG Military Justice Policies and Projects
Communist Law--Chinese Legal Principles
Legal Services Center Concept
Budgeting for a JA Office
125
Professor Richard B Lillich School of Law University of Virginia
Mr Ronald E Lunstrum Senior Corrections Specialist Department of the Navy
Major Eric Mackintosh Staff Officer MASSTER Project Fort Hood Texas
BG Clyde R Mann USMC Director Judge Advocate Division U S Marine Corps Washington D C
Dr Theodore C Marrs Deputy Assistant Secretary of Defense
for Reserve Affairs DOD Washington D C
Professor Daniel J Meador James Monroe Professor of Law University of Virginia
Mr Wayland Medley Technical Staff Economic Stabilization Board Internal Revenue Service Richmond Virginia
Mr Robert W Meserve President American Bar Association
Mr Travis Mills Assistant General Counsel U S Civil Service Commission
Humanitarian Intervention
Armed Services Correctional Program
Project MASSTER Orientation
Distinguished Guest at 21 st Advanced Class Graduation
Addressed JAG Reserve Conference
Discovery under the Federal Rules of Civil Procedure
Rent and Price Controls
Orientation Visit
The Role of the Government Attorney in the Civilian Personnel Process
126
Mr John Norton Moore Counselor on International Law Office of the Legal Advisor Department of State
Mr Anthony L Mondello General Counsel U S Civil Service Commission Washington D C
Hon Robert Morgan Attorney General North Carolina
LTC James A Mounts JAGC Chief Personnel Claims Division U S Army Claims Service
Professor Gerhard OW Mueller School of Law Criminal Law Education and
Research Center New York University
Hon Tim Murphy Judge of the Superior Court of the District of Columbia
Colonel Abraham Nemrow AUS (Ret) Clerk of the Army Court of
Military Review U S Army Judiciary
LTC James E Noble JAGC Chief Patents Division OTJAG
LTC Matthew B ODonnell JAGC Defense Appellate Division OTJAG
Colonel Oliver E 0 Kier MPC Commandant U S Disciplinary Barracks Fort Leavenworth Kansas
The Use of Force in U S Foreign Policy
Civil Service Commission
Addressed JAG Conference
Personnel Claims Act A Modern Approach
Alternatives to Imprisonment
The Sentencing Function of the Trial Judge
Pretrial Advice and Common Errors Post Trial Review and Common Errors Administrative Errors in Records of Trial
Patents and Technical Data
Military Justice and Race Relations
Corrections and Rehabilitation in the Army Panel
127
MG Harold E Parker USA The Assistant Judge Advocate General
Major Theodore B Paterson U S Army Correctional Training
Facility Fort Riley Kansas
Captain B Raymond Perkins USNR Officer in Charge U S Navy-Marine Corps Judiciary
Activity OTJ AG Department of the Navy
Mr C Norman Poirier Deputy General Counsel Commission on Government
Procurement
Mr Herman L Pollock Executive Director Public Defender Project Supreme Court of Pennsylvania
Mr S J Pomrenze Chief Office Management Division Administrative Services Directorate OT AG Department of the Army
LTC Robert W Poydasheff JAGC Chief Civilian Personnel Law Division OTJ AG
MG George S Prugh USA The Judge Advocate General Department of the Army
Mr Rouhollah K Ramazani Professor of Government and
Foreign Affairs University of Virginia
Addressed Graduation Exercises of the 65th 66th 67th and 68th Basic Classes Conducted Advanced Class Seminar
Armed Services Correctional Program
Records Reports and Administration Panel Relationship of Counsel Decorum and Judicial Responsibilities
Government Procurement Commission Report
Functions of Defense Counsel
The Current and Future Status of the Army Records Management Program
Civilian Personnel Law and Labor-Management Relations
Conducted Advanced Class Seminar
Traditional Law and Foreign Influences in the Islamic World
128
MG Lloyd B Ramsey USA The Provost Marshal General
LTC Philip N Reed INF U S Army Civil Affairs School U S Army Institute for
Military Assistance Fort Bragg North Carolina
RADM Horace B Robertson Jr JAGC USN
Deputy Judge Advocate General of the Navy
Captain John H Rodgers JAGC Office of the Staff Judge Advocate Office of the Surgeon General
Mr Joseph H Rouse U S Army Claims Service
Dr Jesse G Rub in President Psychiatric Institute Foundation Washington D C
Professor Helmut Rumpf Office of the Legal Advisor Foreign Office Federal Republic of Germany
Captain Nicholas Sabalos USN Office of the Director J oint Staff Joint Chiefs of Staff
Mr Harry M Saragovitz Assistant General Counsel Army Materiel Command
Mr Arpiar Saund ers Attorney National Prison Project Washington D C
Addressed the 21st Advanced Class
U S Civil Affairs Orientation
U S Navy Military Judge
Family Planning Panel
Federal Tort Claims Act Injury Evaluation
Psychiatric Evaluations
Mutual Collective Security of United States and Germany
Joint Chiefs of Staff On-Going Agreements Military Implementation of the Law of War
Weapons Systems Acquisition and Technical Data
Prisoners I Rights
129
Mr John Schulz Editor-in -Chief Military Law Reporter The Public Law Education Institute Washington D C
Major David H D Selwood Deputy Assistant Director of
Army Legal Services Ministry of Defence United Kingdom
Mr Thomas Sheck ells Manager of Federal Agreements Environmental Protection Agency
Mr Paul Shnitzer Office of the Comptroller General
Colonel James E Simon JAGC Staff Judge Advocate U S Army Training Center Fort Dix New Jersey
Mr Curtis Smothers Acting Deputy Assistant Secretary
of Defense for Equal Opportunity
Mr Richard C Solibakke Chairman Armed Services Board of
Contract Appeals Department of Defense
Mrs Goody L Solomon Executive Editor Office of Consumer Services Department of Health Education
and Welfare
Outsiders View of Military Litigation
Northern Ireland Situation
Environmental Law
Problems in Award of Negotiated Contracts
Conducted Advanced Class Seminar
Race Relations Consideration of onshygoing Defense and Army Educational Programs to Improve Race Relations and the use of Off-Post sanctions in CONUS and Overseas
Contract Claims and Litigation Boards of Contract Appeals
Consumer Protection Panel
130
Mr Michael R Sonnenreich Deputy Chief Counsel Bureau of Narcotics and Dangerous Drugs Department of Justice
Mr William H Speck Associate Counsel Naval Facilities Engineering Command
Mr Richard E Speidel Henry L and Grace Doherty
Professor of Law University of Virginia
RADM Merlin H Staring USN The Judge Advocate General U S Navy
Mr Jack Stempler General Counsel Department of the Air Force
Major Frank Stone International Affairs Division OTJAG
Mr John H Sud a Assistant Corporation Counsel Government of the
District of Columbia
Mr Paul Summers Trust Officer Citizens Bank amp Trust Company Charlottesville Virginia
Major William K Suter JAGC Assistant for Plans Personnel Plans amp Training Office OTJAG
Colonel Warren L Taylor JAGC SJ A Fifth United States Army Fort Sam Houston Texas
Drug Abuse Control
The Governments Perspective Concerning Construction Contract Performance Problems
Role of the GAO in the Bid Protest Procedure
Cond ucted Ad vanced Gass Seminar
Orientation Visit
The Status of Military Forces in Japan Korea and Germany
Motion Practice under the Federal Rules of Civil Proced ure
Investment Counseling
Plans Programs and Training
Conducted Advanced Class Seminar
131
Colonel Joseph N Tenhet Jr JAGC Special Assistant to TJAG OTJAG
Mr Charles Terry Attorney at Law Morristown Tennessee
LTC James F Thornton Jr JAGC Staff Judge Advocate U S Army Garrison Fort Campbell Kentucky
Rev David Turner Pastor St Marks Lutheran Church Charlottesville Virginia
Dean George A Van Hoomissen National College of District Attorneys University of Houston
Mr Paul B Walter School of Law University of Virginia
Captain John Whalen JAGC U S Army Claims Service
Colonel Frederick Bernays Wiener AUS (Ret)
Washington D C
BG Lawrence H Williams USA Assistant Judge Advocate General
for Military Law
Mr Raymond 1 Williams Executive Secretary Army Board for Correction of
Military Records
Final J A Operations in Vietnam
Anatomy of a Trial
Conducted Advanced Class Seminar
Family Law Panel
Functions of Prosecution
Understanding your Client
Federal Tort Claims Act Injury Evaluation
Some Historical Aspects of Military Law
Conducted Advanced Class Seminar
Policies and Procedures of the Army Board for the Correction of Military Records
132
Colonel Wade H Williamson JAGC Chief Administrative Law Division OTJAG
Mr Adelbert K Wnorowski Raphael amp Wnorowski Amsterdam New York
Dr Nathan Wolkomir President National Federation of Federal Employees
Colonel John A Zalonis JAGC Chief Legal Assistance Office OTJAG
Current Problems in the Personnel Area
Grievances and Arbitration
Union Viewpoint of the Federal Labor-Management Relations Program
Update on Current Status and Future Plans for the Pilot Legal Services Program
133
APPENDIX M
ARTICLES BY STAFF AND FACULTY MEMBERS
Colonel John Jay Douglass High Command Case A Study in Staff and Command Responsibility The International Lawyer Vol 6 No4 (Oct 1972)
Lieutenant Colonel John L Costello Book Review Great Court-Martials 59 Military Law Review 233 (1973)
Major James R Coker Book Review The International Law of Civil War 59 Military Law Review 239 (1973)
Major James R Coker Book Review The Death of the Army-A Pre-Mortem Fordham Law Review
Major James R Coker The Status of Visiting Military Forces in Europe A Treatise on International Criminal Law (Bassiouni amp Nanda Ed) Vol II (CCThomas Illinois 1973)
Major James A Endicott Jr New Approach to Military Law Instruction 738 Army ROTC Education Commentary lA (1973)
Major James A Endicott Jr Decision Making and the Court-Martial Cases 45 The Judge Advocate Journal (1973)
Major James A Endicott Jr Claims Against the United States 9 Law Notes 17 (1972)
Major Francis A Gilligan Issues Raised by Military Warrants The Army Lawyer Vol 2 No 8 (August 1972)
Major Francis A Gilligan Inspections The Army Lawyer Vol 2 No 11 (November 1972)
Major Francis A Gilligan Eyewitness Identification 58 Military Law Review 183 (1972)
Major Francis A Gilligan Probable Cause and the Informer 60 Military Law Review 1 (1973)
Major J J McGowan Sr SJA Spotlight--Iran The Army Lawyer Vol 2 No 10 (Oct 1972)
135
Major Paul Jackson Rice Military Dissent The Army Lawyer Vol 3 No2 (Feb 1973)
Captain Bernard R Adams Eminent Domain Police Power and Urban Renewal Compensation for Interim Depreciation in Land Values 7 Georgia Law Review 226 (Winter 1973)
Captain Stephen L Buescher The Court of Military Appeals A Survey 59 Military Law Review 129 (1973)
Captain Edward J Imwinkelried The New Federal Rules of Evidence The Army Lawyer Vol 3 No4 (April 1973)
Captain Edward J Imwinkelried The New Federal Rules of Evidence Part II The Army Lawyer Vol 3 No5 (May 1973)
Captain Jack F Lane Jr The Undesirable Discharge--Administrative Tool or Back-Door Court Army Vol 22 No 11 (Nov 1972)
Captain Jack F Lane Jr Classification Promotion and Racial Discrimination The Army Lawyer Vol 3 No5 (May 1973)
Captain Jordan 1 Paust My Laiand Vietnam Norms Myths and Leader Responsibility 57 Military Law Review 99 (1972)
Captain Jordan 1 Paust Law in a Guerrilla Conflict Myths Norms and Human Rights III Israel Yearbook
Captain Jordan J Paust The Nuclear Decision in WWII Trumans Ending and Avoidance of War International Lawyer (1974)
Captain Jordan 1 Paust Comment on Command Responsibility 25 Naval War College Review (Jan-Feb 1973)
Captain Jordan J Paust Human Rights Human Relations and Overseas Command The Army Lawyer Vol 3 No I (Jan 1973)
Captain Donald N Zillman In-Service Conscientious Objection 10 San Diego Law Review (1973)
Captain Donald N Zillman The Court of Military Appeals A Survey 59 Military Law Review 129 (1973)
136
Captain Donald N Zillman Armed Services the 5th Circuit 21 Mercer Law Review (1972)
Captain Donald N Zillman Recent Development Environmental Law 57 Military Law Review 203 (1972)
Captain Donald N Zillman Involuntary Activation of Reservists The Army Lawyer Vol 2 No 10 (Oct 1972)
137
APPENDIX N
VISITS TO RESERVE UNITS - FY 1973
I JAG DETACHMENTS
9th Cleveland Ohio 7 Feb 1973 213th Atlanta Georgia 17 Feb 1973 155th 42d Pitt sburgh Pennsylvania 19 Feb 1973 153 157th Philadelphia Pennsylvania 20 Feb 1973 10th Washington D C 21 Feb 1973 3d Boston Massachusetts 22 Feb 1973 12th Columbia South Carolina 23 Feb 1973 78th Los Angeles California 27 Feb 1973 20th Dallas Texas 28 Feb 1973 173d Birmingham Alabama 2 Mar 1973 8th Kansas City Kansas 5 Mar 1973 139th Cincinnati Ohio 6 Mar 1973 148th Columbus Ohio 7 Mar 1973 4th New York New York 8 Mar 1973 7th Chicago Illinois 10 Mar 1973 81 st San Diego California 14 Apr 1973 I 20th Denver Colorado 28 Apr 1973 2d New Orleans Louisiana 30 Apr 1973 9th Cleveland Ohio I May 1973 106th Detroit Michigan 2 May 1973 162d Richmond Virginia 6 May 1973
II USAR SCHOOLS
(Visits required by Annex AL CON Reg 350-1)
Richmond USAR School 29 May 1973 Norfolk USAR School 19 May 1973
139
III J1l
Miami USJR School Phase II BOJC
South Charleston USJR School
Seattle USJR School 99th JJG Detachment l62d JJG Detachment
121 st JJG Detachment 20th JJG Detachment 2l0th JJG Detachment
89th JJG Detachment l73d JJG Detachment l55th JJG Detachment
35th JJG Detachment
Livonia USJR School
Hattiesburg Mississippi
Fort Ritchie Maryland
Reno Nevada Joliet Msenal Illinois HQ Electronics Command
Fort Monmouth N J Redstone Msenal Jlabama Rock Island Jrsenal Illinois White Sands Missile Range
New Mexico Fort Huachuca Mizona Huntsville Jlabama MllMllS Brooklyn and MllMllS
Bayonne llerminal Jviation Systems Command
St Louis Missouri DePere Wisconsin
18-20 Jul 1972
6-7 Jug 1972
8-9 Jug 1972 18 Jan 1973 7-8 Mar 1973
25 Jpr 1973 7 May 1973 16 May 1973
17 May 1973 18 May 1973 21-22 May 1973
7-8 Jun 1973
17-18 Jun 1973
140
APPENDIX 0
LECTURES GIVEN OUTSIDE TJAGSA
COL John Jay Douglass Chaplains School Fort Hamilton New York
COL John Jay Douglass Fort Gordon Georgia
COL John Jay Douglass Richmond Virginia Chapter of The Military Order of the World Wars
COL John Jay Douglass Defense Information School Fort Benjamin Harrison Ind
COL John Jay Douglass Finance School Fort Benjamin Harrison Ind
COL John Jay Douglass Naval Justice Seminar Coronado Beach California
COL John Jay Douglass Sergeants Major Academy Fort Bliss Texas
LTC David A Fontanella Ft McClellan Alabama
LTC David A Fontanella Ft Benning Georgia
LTC David A Fontanella Ft Rucker Alabama
FISCAL YEAR 1973
Civil Law Problems and the Chaplain
Presented Opening Remarks to Phase 1shy67th Basic Class
Military Law Today
The Serviceman and the Bill of Rights
Current Developments in Military Law
TJ AGSA and the Training of J AGC Reserves
Military Justice
Civil Law Update
Civil Law Update
Civil Law Update
141
LTC David A Fontanella Army and Air Force Senior ROTC Gasses University of Virginia Charlottesville Virginia
LTC David A Fontanella Chaplains School Ft Hamilton New York
LTC David A Fontanella U S Army War College Carlisle Barracks Pa
LTC David A Fontanella U S Army War College Carlisle Barracks Pa
LTC David A Fontanella U S Army War College Carlisle Barracks Pa
LTC David A Fontanella U S Army War College Carlisle Barracks Pa
MAJ James R Coker Fort Lee Virginia
MAJ James R Coker Fort Bragg North Carolina
MAJ James R Coker USAIMA Fort Bragg North Carolina
MAJ James R Coker Staunton Military Academy Staunton Virginia
MAJ James R Coker Valley Forge Pennsylvania
Military Personnel Law
Military Personnel Law
Challenges to Command
Military Personnel Law
Gairns and Litigation
Challenges to Command
The Law of War in Modern Armed Conflict
The MAAG Mission and the Law of War
Law of War and CivilMilitary Operations
Introduction to the Laws of WaI
The Rule of Law in Warfare
142
MAJ Francis A Gilligan Army War College Carlisle Barracks Pa
Constitutional Rights and Article 15
MAJ Nancy A Hunter Hofstra University and Law School Hempstead New York
bull Women in the Military
MAJ Jack F Lane Jr Army and Air Force Senior ROTC Classes University of Virginia Charlo ttesviIle Virginia
Boards of Officers and Administrative Law
MAJ James J McGowan Fort Eustis Virginia
Law of Modern Armed Conflict
MAJ Fort
James 1 McGowan Eustis Virginia
The Law of War in Modern Armed Conflict
MAJ Paul J Rice Washburn University of Topeka School of Law Topeka Kansas
JAGC Orientation
MAJ Paul J Rice University of Kansas School of Law Lawrence Kanssa
JAGC Orientation
MAJ Paul J Rice University of MissourishyKansas City School of Law Kansas City Missouri
JAGC Orientation
MAJ Paul 1 Rice University of Missouri-shyColumbia School of Law Columbia Missouri
JAGC Orientation
MAJ Paul J Rice St Louis University School of Law St Louis Missouri
JAGC Orientation
143
MAJ Paul J Rice Washington University School of Law St Louis Missouri
MAJ Paul J Rice Pre-Law Advisors from the State of Virginia University of Virginia Charlottesville Virginia
MAJ Paul J Rice U S Army War College Carlisle Barracks Pa
CPT Bernard R Adams Army Reserve Unit Cherry Avenue Charlottesville Virginia
CPT Ronald C Griffin Rutgers University Camden New Jersey
CPT Ronald C Griffin University of Oregon Eugene Oregon
CPT Jan Horbaly Army ROTC University of Virginia Charlottesville Virginia
CPT Jan Horbaly Reserve CampGS Training Charlottesville Virginia
CPT Edward J Imwinkelried Army ROTC University of Virginia Charlottesville Virginia
CPT W H Parks USMC NROTC University of Virginia Charlottesville Virginia
JAGC Orientation
Career Opportunities in the JAG Corps
Military Installations and the Authority of the Commander
Drug Abuse Control
Civil Rights in the Military
Consumer Protection The Soldiers and Sailors Civil Relief Act
Introduction to Military Justice
Introduction to Military Justice
Article 15
Introduction to Military Justice
144
THE JUDGE ADVOCATE GENERALS SCHOOL UNITED STATES ARMY
CHARLOTTESVILLE VIRGINIA
FOREWORD
The Staff and Faculty of The Judge Advocate Generals School may justly look back upon 1972-73 as a year of outstanding accomplislunent and more importantly a year during which the School prepared for even greater growth and achievement
The reorganization of the Army resulted in the assignment to the School of the development and doctrinal missions of the Combat Developments Command Judge Advocate Agency thus consolidating all such endeavors under one command The School reorganized to incorporate this new function and the opportunity was taken at that time to modernize the entire organizational structure to make it more rational and more responsive to the requirements of the missions of the School
A second new mission given to the School was that of greater participation in the training of Judge Advocate Generals Corps Reserve Component personnel This program will go into effect in the coming academic year and is designed to insure a One Army approach to Judge Advocate education
Having long advocated the joint-service concept of military legal education the School this year undertook significant steps towards its attainment
For many years the facilities of the School have been inadequate With the increasing number of courses being offered and more persons than ever before desiring to attend them the School has been required to utilize additional facilities of the University and the civilian community Significant steps were taken this year to alleviate this situation Plans for the new school building were completed the ground was broken and construction has begun
As we enter into the post-war era the need for more informed and better educated judge advocates has not decreased We look forward to the challenge of educating military lawyers by continuing to build upon the strengths of past accomplishments
~A~UGL Colonel ~~2 Commandant
ANNUAL REPORT Fiscal Year 1973
TABLE OF CONTENTS
FOREWORD
CHAPTER I ADMINISTRATION AND ORGANIZATION
Section 1 History of The Judge Advocate Generals School 1 Section 2 Office of the Commandant 3 Section 3 Reorganization of the School 5 Section 4 Board of Visitors 7 Section 5 Allied Officer Program 11 Section 6 Interagency Education 15
CHAPTER II ACADEMIC DEPARTMENT 17
Section 1 Function and Organization 17 Section 2 Judge Advocate Officer Advanced Course 21 Section 3 Judge Advocate Officer Basic Course 31 Section 4 Resident Continuing Legal Education Courses 35 Section 5 Nonresident Instruction 39 Section 6 Paraprofessional Courses 41
CHAPTER III CONFERENCES VISITORS AND SEMINARS 45
Section 1 JAG Conference 45 Section 2 Judge Advocate Generals Reserve Conference 47 Section 3 National Guard Judge Advocate Generals Conference 49 Section 4 Speakers and Visitors 51 Section 5 Race Relations Seminar 55
CHAPTER IV DEVELOPMENT DOCTRINE AND LITERATURE 57
CHAPTER V PUBLICATIONS 59
CHAPTER VI RESERVE AFFAIRS 61
CHAPTER VII PROFESSIONAL ORGANIZATIONS AND 65 DEVELOPMENT
CHAPTER VIII BUILDINGS AND SUPPORT ACTIVITIES 71
Section 1 Buildings 71 Section 2 Support Activities 73
iii
APPENDICES
A Organizational Roster of School
B Background Information on Officer Personnel
C Allied Officer Students
D Courses Conducted (Fiscal Year 1973)
E Courses Scheduled (Fiscal Year 1974)
F Thesis Topics and Scope Notes 21 st Advanced
G Guest Members Thesis Evaluation Committees 21st Advanced Class
H Graduates 21st Advanced Class
I Academic Awards 21 st Advanced Class
J Basic Class Graduates
K Basic Class Academic Awards
L Guest Speakers and Visitors
M Articles by Faculty Members
N Visits to Reserve Units
O Lectures Given Outside TJAGSA
Class
79
83
91
93
95
97
107
109
111
113
117
119
135
139
141
iv
CHAPTER I
ADMINISTRATION AND ORGANIZATION
Section I
History of The Judge Advocate Generals School
Judge advocates have served the United States Army since 1775 but no effort was made to provide them with formal training in military law until the opening days of World War II
The Home of the Military Lawyer began on a temporary basis in February 1942 at the National University Law School (now part of the National Law Center of the George Washington University) Washington DC In August 1942 operations were transferred to the University of Michigan Law School in Ann Arbor where Colonel Edward H Young J AGC was the Commandant In the following months hundreds of officers were trained at Ann Arbor and by June 1944 over two-thirds of the active duty strength of the Judge
UllilJcrsity uf AliclziJan Law School
Advocate Generals Corps were graduates of the School Colonel Reginald C Miller JAGC became the Commandant in December 1944 The end of the war substantially reduced the need for trained military lawyers and in 1946 the School was deactivated
A 1946 study on the administration of military justice recommended that provisions be made for the training of Army lawyers in military law and plans were soon being prepared in the Office of The Judge Advocate General to implement the recommendation The passage of the Uniform Code of Military Justice and the Korean conflict accentuated the need for judge advocate training facilities As a consequence The Judge Advocate Generals School was activated at another temporary training facility at Fort Myer Virginia again under the guidance of Colonel Young Approximately 200 officers attended several five-week courses in basic military law taught by five officer-instructors
By this time the decision had been made to establish The Judge Advocate Generals School as a permanent branch service school It was decided to locate the School within 200 miles of Washington but sites as far away as Fort Crockett Texas and Fort Rodman Massachusetts had been considered In the spring of 1951 a survey was made of the facilities offered by the University of Virginia and on 2 August 1951 the present Judge Advocate Generals School was established on the Grounds of the University of Virginia
Previous Commandants
Colonel Charles L Decker 2 August 1951-14 June 1955
Colonel Nathaniel B Rieger 15 June 1955--1 March 1957
Colonel John G OBrien 1 March 1957--13 May 1961
Colonel John FT Murray 1 July 1961-31 December 1964
Colonel John W Burtchaell 1 January 1965--30 June 1966
Colonel Lewis F Shull 25 July 1966-3 September 1967
Colonel Kenneth C Crawford 3 September 1967-1 June 1970
COL Edward H Young JACC
2
Section 2
Office of the Commandant
The Commandant is the Commander of The Judge Advocate Generals School
U S Army a field oper~lting agency of the Office of the Judge Adv0Cltc Gencnl He
is responsible for the accomplishment of the mission of the School which includes the
personnel and logistic support functions undertaken at the School by assigned personnel
The Commandant exercises special court-martial jurisdiction He is in effect a law school dean a post commander a law book editor and publisher a research director and the
career management ~lIId training officer for all JAGC reservists
During the year the Schools second academic chair was established in honor of
the first Commandant of The Judge Advocate Generals School who served as such during
both World War II and the Korean conflict The Colonel Edward H Ham Young Chair
C()L bzlau H YOInu ([Smiddotl f~ct i
slwakillg dt (cdicution cercllOnics for tlC LcUdrd H Hmz YOIng ClUlir of Iilitdrv poundo((u ilcation
3
of Military Legal Education is occupied by Colonel John Jay Douglass Commandant of the School Each honorary chair established at the School is associated with an annual lecture of the same name the first Edward H Young lecture was presented by Delmar Karlen of the Institute of Judicial Administration New York
Prof Delmar Karlen
COL Douglass and Mrs Towsey
4
Section 3
Reorganization of the School
In February 1973 the School underwent its first major reorganization since 1956 While this coincided with a major Army reorganization the main purpose of the School reorganization was to divide School missions along functional lines among the various departments Highlights of the reorganizations are
(I) Office of the Commandant The new position of Assistant Commandant for Reserve Affairs and Special Projects was created to provide policy control for the JAGC Reserve program on behalf of The Judge Advocate General of the Army Responsibilities include training management for J AGC units personnel management at the Department of the Army level and coordination of the training of individual JAGC Reserve component members This office replaces and expands on the former Reserve Affairs Department with certain operating functions transferred to the Academic Department
(2) Academic Department The Academic Department retains its former functions with the addition of an Office of Nonresident Instruction The Office of Nonresident Instruction oversees on behalf of the Director the Schools responsibilities for U S Army Reserve Schools correspondence courses ROTC instructional materials military law instruction at other service schools instruction in military law in Army units and the newly assigned mission on-site instruction for J AGC officers in Reserve component units The current faculty augmented by six new members will present the on-site instruction
(3) Development Doctrine and Literature Department This Department performs the newly assigned combat development mission (acquired upon the abolition of the Judge Advocate Agency Combat Developments Command) and continues certain functions of the former Plans and Publications Department Included in the mission of the new Department is the publication of the Military Law Review The Army Lawyer and the Judge Advocate Legal Service Two new positions were created for Combat Development and for Professional Development and Liaison The latter position has the responsibility for liaison with the American Bar Association the Federal Bar Association the Judge Advocates Association and other bar goups throughout the United States
(4) Office of the School Secretary All administrative and logistical support functions have been placed in the Office of the School Secretary In addition to the existing functions of personnel management (Adjutant) services and logistics there has been added
5
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Section 4
Board of Visitors
A Board of Visitors has been appointed pursuant to Executive Order No 11007 and AR 15-1 to insure that the high standards of the School are maintained and to assist in the determination of areas requiring improvement The Board composed of leading civilian practitioners and legal ed Llcators examines the varied operations of the School and sums up its findings with criticisms and recommendations in a report submitted at the end of its inspection During the past year Colonel Van Benschoten was made an honorary member of the Board and Mr Richard E Wiley was appointed as a regular member
The Board met as a group from 10 to 13 April 1973 and re-elected Colonel Deutsch as its Chairman Colonel Deutsch Colonel Van Benschoten Colonel Finger Professor McDougal Professor Reed and Commissioner Wiley were present and undertook an inspection of the School Colonel Benjamin HO Schleider Jr J AGC USAR an attorney in Houston Texas served as the Recorder
Briefing of Board of Visitors
7
Eberhard P Deutsch Attorney at Law arid senior partner of the law firm of Deutsch Kerrigan and Stiles New Orleans Louisiana Editor-in-Chief of the American Bar Association publication The International Lawyer Colonel United States Army Reserve (Retired) and Civilian Aide to the Secretary of the Army from Louisiana
John H Finger Attorney (It Law San Francisco Califorllia and senior partner of the law finn of Finger Brown and Abramson past president of the California Bar Association Colonel United States Army Reserve (Retired) the JlI dge Advocate Generals Corps
Myres S McDougal Sterling Professor of Law The Yale Law School New Haven Connecticllt former president of the Association of American Law Schools
8
Honorable Alfred P Murrah Director Federal judicial Center Senior jude and former Chief judge 10th Circuit US Court of Appeals
john W Reed Ann Arbor Jvlichigan Professor of Law The University of Michigan Law School and Wayne State University Law School Director The Institute of Continuing Legal Education former Dean of the University of Colorado School of Law
Honorable Richard E Wiley Commissioner Federal Communications Commission former General Counsel Federal Communications Commission former Chairman of the Young Lawyers Section of the American Bar Association former partner in the firm of Burditt and Calkins Chicago Illinois former Captain in the judge Advocate Generals Corps US Army
9
Birney M Van Benschoten Attorney at Law New York City General Counsel for American Overseas Petoleum Ltd [Caltex Group J Colonel United States Army Reserve (Retired) the Judge Advocate Generals Corps Honorary Member of Board of Visitors
Following its visit the Board submitted its report containing the following comments and conclusions
a The Board was highly impressed with the efficient organization of the School The Commandant of the School is a highly energetic well-motivated and farsighted educational leader who without question has a high degree of cooperation and support at all levels of the staff and faculty The School is a credit to the Corps
b The Board believes it is an important role of the School to continue its present practice of constantly reviewing its curriculum and objectives Of necessity some of the educational missions of the School must be concerned with how-to-do-it courses and as is recognized by the School it is also important to have an academic environme1t to give it the quality of graduate-type curriculum
c It is believed by a majority of the Board that continued use of the thesis program is an important element in furthering the balance of practical instruction and purely academic thinking Consideration should be given to reorienting the thesis program toward longer range problems that may confront the military legal profession in the future rather than present problems
d The objective of increasing the variety of elective courses of students in the Advanced Course is highly desirable and should be continued and expanded to the extent feasible
e A specific compliment must be paid to the Librarian of the School for her diligent work in the cataloging and development of the acquisition plan of the Library Tremendous improvement has been seen in this one area and a tremendous amount of obvious hard work should not go unnoticed
10
Section 5
Allied Officer Program
Allied Officer Students During Fiscal Year 1973 the Judge Advocate Generals School was privileged to have as students in the 21 st Advanced Course and the 66th Basic Course allied officers from the United Kingdom Iran Jordan Pakistan and the Philippines See Appendix C
The Allied Officers received the same instruction took the same examinations and submitted written papers and theses as did their American colleagues These requirements indicate the high level of fluency in both the written and spoken aspects of the English language that these officers had achieved prior to their arrival at the School
During their stay the Allied Officers were escorted on tours of Jamestown Williamsburg and Norfolk In addition Allied Officers attending the 21 st Advanced Course
COL Fillton with LTC Ridao of the Philippines Squadron Leader Anwar of Pakistan and ivlA] Tehrali
of [ran Members of the 21st Advanced Class
1 I
Mrs Tehrani assists COL Douglass in Promoting MAJ Tehrani
Dean Monrad C Paulsen of UVA Law School visits with LTG Modares and MC Behzadi
12
wcrl cscorted on a DCSOPS Orientation Tour
or Washington DC for a one-week period
illlied Officer Gua dUC Visits On
2 November 1972 the annual banquet
honoring the Allied Officers was held at the
Monticello Hotel Distinguished guests
included The Judge Advocate General
LTG Modares Chief of the Iranian Judicial
Department and MC Behzadi Prosecutor
Ceneral Imperial Iranian Armed Forces
Other distinguished allied officers were
gucsts of the School for orientation visits
during the period covered by this report See
Appendix L
IvJAj Selwood (UK) 66th Basic Class
Allied Officer Gala
13
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Section 6
Interagency Education
The School continued this year to provide legal education to personnel from the other services and agencies within the Federal Government During the year our courses were attended by 48 Navy and Marine Corps officers 49 Air Force officers and 138 civilian employees of the Government from the Department of the Interior NASA the Atomic Energy Commission the U S Postal Service GSA FAA U S Water Resources Council the Department of Transportation GAO NSA the Department of Agriculture SBA ACTION USIA and the Army-Air Force Exchange System Our Basic Course provides the introduction to service oriented law for all of the Coast Guard legal officers and we provide a source of further education for the Coast Guard with our specialized programs
Coast Guard Officers and their Ladies at Basic class Reception
15
Captain William H Parks USMC a member of this years 21st Advanced Oass will be remaining at the School to join our faculty in the international and criminal law fields
Throughout the year the exchange of ideas methods and experience which was made possible by the inter-agency utilization of the School has been of immense value to all of the personnel and organizations involved
Representing the Women Attorneys in Uniform at T]AGSA
LT Dufford user (Basic class) CPT Casper USA (Basic Class) CPT Plaut USA (Basic Class) MA] Hunter USA (Faculty)
CPT Albertson USMC (Adv Class)
CMDR Cassani USCG Presents Basic class Diploma to LT Winona G Dufford USCG
CPT William H Parks US Marine Corps Representative on T]AGSA Faculty Teaching a class
in International Law
16
CHAPTER II
ACADEMIC DEPARTMENT
Section 1
Function and Organization
The Academic Department develops and conducts the Schools instruction for judge advocates in the active forces and Reserve Components Resident courses include the Judge Advocate Officer Basic Course an introductory course in military law for judge advocates initially entering active service and the Judge Advocate Officer Advanced Course which provides an academic year of graduate level study in military law and related fields During the year the department presents several specialized continuing legal education courses ranging from one to three weeks in length These include courses in military justice procurement law international law military personnel and administrative law law relating to military installations legal assistance claims litigation and environmental law Federal civilian employee law and a military judge course designed to qualify judges for the military judiciary The student body includes active duty and Reserve Component judge advocates of the Army Navy Air Force Marine Corps and Coast Guard civilian attorneys employed by the Federal Government and judge advocates from foreign countries The department also offers courses for warrant officer legal administrative technicians and enlisted legal clerks such as a Law Office Management Course the Noncommissioned Officer Educational System (NCOES) Advanced Course and courses for the training of paralegal assistants for military lawyers A three-day Senior Officers Legal Orientation is presented to brigade and installation commanders and other senior line officers In addition the department is responsible for all COL William S Fulton Jr of the Schools nonresident instruction Director Acade mic Department
17
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including the preparation and administration of extension courses the preparation of training material for judge advocates attending United States Army Reserve Schools or serving in Reserve Component units and the presentation of on-site instruction to Reserve Component unit judge advocates at their home stations
During the Fiscal Year 1973 36 resident courses were conducted with 1268 students in attendance Of the 998 Army officers attending courses 783 were active duty
LTC David A Fontanella Chief Civil Law Division
personnel and the remaining were reserve component officers Courses conducted during Fiscal Year 1973 appear at Appendix D Courses scheduled to be conducted during Fiscal Year 1974 are set forth in Appendix E
The official source of infonnation concerning courses of instruction at all Army service schools including The Judge Advocate
LTC Hugh R Overholt Chief Criminal Law Division
Generals School is the US Army Formal Schools Catalog (Department of the Army Pamphlet 350-10) That catalog provides detailed information for staff officers commanders and personnel officers who are concerned with the selection of individuals for school attendance for commissioned officers both active and reserve of the armed forces and all civilian employees of the Government who are interested in attending particular courses and for others who may MAl James R Coker wish to acquaint themselves with the Armys Cllie ICL Division
19
training opportunities In addition Army regulations govern related matters such as attendance by military personnel from foreign countries Quotas for the courses mentioned above except for the Military Judge Course and the Warrant Officers Course may be obtained through usual command channels Quotas for the Military Judge Course are controlled by the U S Army Judiciary in Washington DC Particular inquiries concerning quotas may be addressed to the Commandant The Judge Advocate Generals School US Army Charlottesville Virginia 22901
The organization of the department includes Civil Law Criminal Law International and Comparative Law and Procurement Law Divisions The School is fortunate to have a highly qualified and exceptionally well-motivated faculty The average tenure of the faculty member is three years with an absolute minimum of two full academic years The majority of the faculty has had graduate legal training with some members of the faculty having graduate training in other disciplines An important adjunct member of the faculty is the Schools Educational Advisor Dr John Sanderson Assistant Dean University of Virginia School of Education Dr Sanderson serves as a consultant on a variety of educational problems at the School with primary emphasis on methods of testing and teaching
A Deputy Director for Nonresident Instruction will coordinate Department efforts in the area of military legal instruction for ROTC in other service schools and in the USAR schools He will also coordinate and administer the Schools extension correspondence course program The on-site instruction program will be administered by the Deputy Director for Nonresident Instruction in coordination with the Assistant Commandant for Reserve Affairs
MAJ Richard E Mowry Dr Jolm A Sandcrsoll Chief Procurement Law Division Edlcati01lal Advisor
20
Section 2
Judge Advocate Officer Advanced Course
GClZcral This course offers an academic year of graduate study in all areas of military legal practice Highly qualified judge advocates of the Armed Forces of the United States and allied nations are selected to attend
The Advanced Course is designed to provide an opportunity for experienced judge advocates to renew the study of legal principles in an academic atmosphere The students are encouraged to apply modern legal theory to the problems arising in military settings thus preparing them to be more effective legal advisors to high-level military commanders and to assume positions of substantive responsibility in the offices of The Judge Advocates General
All students take the core curriculum of the four disciplines presented at the ScJh)ol--criminal law civil law international law and procurement law Supplementing
An Afternoon with a General Officer NIG Prugh in an informal seminar with members of Advanced Class
21
the core curriculum are electives presented by the University of Virginia and by the School
Successful completion of the course requires submission of a thesis of graduate level quality which makes a substantial contribution to military legal scholarship A thesis evaluation committee composed of the thesis advisor guest member and School representative grade each paper hear the oral presentation of the thesis by the student and examine the student orally following his presentation Thesis topics and scope notes of members of the 21 st Advanced Class may be found in Appendix F Guest members of the thesis evaluation committees are listed in Appendix G
Additional features of the Advanced Course include the newly instituted program of afternoon discussions with general officer judge advocates and practicing field staff judge advocates and full participation in the Schools conference programs The Advanced Class students have the opportunity to see international law and diplomacy in action when they travel to New York City for a visit at the United Nations During the three-day tour the class receives detailed briefings from the United States United Nations and foreign diplomats and legal advisors The students are given a complete tour of the UN Headquarters A trip to Washington D C provides class members an opportunity to be admitted to practice before the Supreme Court of the United States visit congressional hearings observe proceedings of administrative agencies and receive an orientation at the US Army Judiciary where class members may be admitted to the bar of the US Army Court of Military Review
S PRESENTED BY 21ST ADVANCED CLASS
1972-73
Plltlquc Syilluoliilli2 the 21st Advanced Class Gift of
Trees for Courtyard of NcUJ JAG School Building
22
Shortly after locating at the University of Virginia the quality of The Judge Advocate Generals School Advanced Course Program was brought to the attention of the American Bar Association A detailed inspection of the School by ABA represen ta tives was concl ucted anel 0 n 22 February 1955 the School was accredited by the ABA and its Advanced Course deemed worthy of the Master of Laws degree This accreditation was reaffirmed after a three-day inspection of the JAG School in March 1971
The 21st Advanced Class began on
28 August 1972 with 43 students 111 LTC Loftus Class Leader attendance 35 US Army Judge Advocates 1 US Navy Judge Advocate 4 US Marine Corps Judge Advocates 1 officer from Pakistan 1 officer from the Philippines and I officer from Iran The class was graduated on 1 June 1973 A list of the graduates is contained in Appendix H and the academic awards are noted in Appendix I
Han Hadlai A Hull Assistant Secretary of the Army
(Financial Managernellt) Graduation Speaker for 21 st Adlanceci Class
23
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Coursc Structurc The FY 73 Advanced Course was conducted in two semesters as follows (bracketed numbers following course titles refer to number of semester credit hours granted for that course eg [4 J)
REQUIRED COURSES - FIRST SEMESTER
GOVERNMENT CONTRACT LAW I [3]
The course deals with general principles of government contract law the role of the judge advocate in the procurement process the appropriations process procurement methods contract types and modifications Attention is also given to cost principles and truth-in-negotiations as well as socio-economic policies
CRIMINAL LAW I [2]
This course focuses on the criminal process to include initiation of processjudicial responsibilities of the commander parties to the proceedings trial processes and the appellate process Problems in jurisdiction pretrial confinement trial publicity and professional responsibilities are also considered in roundtable discussions
MILITARY AND CIVILIAN PERSONNEL LAW [2]
A survey of military personnel law civilian personnel law and labor-management relations with emphasis on policy considerations and the lawyers role Special attention is given to legislation personnel affairs litigation conflicts of interest and release of information
INTERNATIONAL LAW I [2]
A basic outline of the rules of public international law as a system or tool used by nations to control guide clarify and proceduralize the relations between nations traditional and contemporary views of international law the state international and regional organizations associations and individuals as participants in the system how decision-making authority is allocated in the system on the basis of jurisdiction and municipal law and peaceful means of dispute resolution concentrating on types of international agreements
MILITARY ORGANIZATION AND OPERATIONS [2J
The organization of the Department of Defense and the Department of the Army to include the organizations missions functions and inter-relationships of DOD Army staffs and major commands and agencies the organization and command structure of an
25
overseas theater of operations to include the command relationships in joint and combined commands and the territorial organization of the theater of operations
REQUIRED COURSES -- SECOND SEMESTER
CRIMINAL LAW II [3]
The course covers constitutional criminal problems trends and developments under the Manual for Courts-Martial United States 1969 (Rev ed) and the Fourth Fifth Sixth and Eighth Amendments Consideration of the law of crimes drugs and affirmative defenses is followed by discussion of wiretapping custodial interrogation psychiatric evidence and search and seizure The course includes discussion of corrections and extraordinary relief
LEGAL PROBLEMS OF COMMAND [2]
A survey of the law of military reservations (jurisdiction and conflicts of law) regulatory law civil rights and management (manpower and fiscal) Special emphasis is given to race relations environmental law dissent command authority and control of military installations
GOVERNMENT CONTRACT LAW II [2]
This course is a continuation of Government Contract Law I It focuses on contract administration covering such areas as contract terminations inspection acceptance and warranties and disputes and remedies Attention is also directed to nonappropriated funds off-shore procurement and service contracts
MANAGEMENT FOR MILITARY LAWYERS [2]
Manpower management includes discussion of manpower vouchers staffing guides preparation of Schedule Xs modification of TDAs the relationship between spaces dollars and position delineation Fiscal management emphasizes the fiscal process of budget programming execution and review at the installation level Personnel management stresses the hehavioral science approach to management of people including job enrichment and motivation theories of organizational psychology The military lawyer analyzes his own management style with Blakes Managerial Grid and measures his ability to understand and motivate subordinates
INTERNATIONAL LAW II [2]
A study of the involvement and interrelation of nations through the concepts of
26
self-defense intervention human rights and various types of warfare A detailed examination of the laws of warfare concentrating on land warfare but including sea and air warfare the reporting handling and processing of violations of the law of war by national and international agencies and Geneva Convention training and the role of the military lawyer in implementing the rules of the Law of War
IiLc[rVE COURSES -- FIRST SEMESTER
FEDERAL CLAIMS AND LITIGATIGN (I credit)
A study of the procedure and basis for
the acijuciiciation payment and collection of claims by the United States with emphasis on the Federal Tort Claims Act Military Claims Act and claims in favor of the United States under the Federal Claims Collection Act and the Medical Care Recovery Act Actual claims problems and their resolutions stressing litigation and court decisions will highlight
the growing importance of claims administration 1I1 the field Future responsibilities of the judge ldvocate will be outlined in a treatment of the Federal litigative process with discussion of service of process pleading motions and discovery Squadron Leader Anwar Entertains
under the Federal Rules of Civil Procedure
INTERNATIONAL LAW OF HUMAN RIGHTS (I credit)
Working with international documents to include the OAS Charter the Genocide Convention European Human Rights Convention General Assembly Declarations and the 1949 Geneva Conventions as well as with various national constitutions the student will
examine those human rights generally respected by nations The role of the Judge Advocate Officer in implementing these rights within the military through education training preventive law or other programs wiII be discussed Thus the student will be better able to advise and assist commanders and their personnel both before and during hostilities Using individual problems each student will make an oral presentation and submit a short
paper on his problem area
27
MILITARY JUSTICE LEGISLATION SEMINAR (I credit)
This seminar addresses the following pending bills (1) requiring unanimous verdicts by courts-martial 0) Hatfields joint service concept (3) Bayhs court-martial commands (4) random selection of court members (5) pretrial procedure-investigation by magistrate and bail (6) increasing power of judge to sentence suspend and defer sentences (7) proposals to eliminate the post trial review or remove it from the convening authority (8) proposals to increase the jurisdiction of military appellate courts and to allow direct appeal from the Court of Military Appelt1ls to tha United States Supreme Court (9) the scope of Article 62(a) and (10) proposals to extend the military contempt article The objectives are to familiarize the class with the pending legislation and to stimulate creative thinking The seminar begins after the class has sufficient grounding in current military law to appreciate suggestions for change Each student writes a short paper which recommends new legislation criticizes current proposals or advocates adoption of a current proposal
CONTEMPORARY JUDGE ADVOCATE PROBLEMS 0 credits)
This seminar meets 12 sessions of two hours each for discussion of a variety of problems facing the military lawyer to include his relationship to the Army the educational program for military lawyers judge advocate responsibilities for resolving contemporary
Advanced Class Skit at [jAGSA Purty
28
pro bkll1s including flow of gold drug abuse racial confrontations pli bl ic and communi ty
rciltions professional responsibilities of clefense counsel control of courts-Illartial hy
military judges organization training and retention of reservists judge advocate office
organization war crimes problems civilian offenders and responsibility in scntencing of
offenders Each student will make a presentation and lead a group discussi)n A slnrt
paper is required
ILnCl1VE COURSES -shySECOND snMESTER
PI RSONAL LEGAL PROBLEMS OF
llL1TARy PERSONNEL II [II
This i~ a continuation of the first
semester seminar on legal assistance topics of
concern to judge advocates supervising
counseling services for military personnel and
thcir dependents The seminar will treat
common legal problems in the following
areas real estate transactions estate
planning investment counseling domestic
relations motor vehicle ownership and
military retirement programs and benefits
SJA OPERATIONS IN MILITARY JUSTICE [IJ
An examination and analysis of the organization problems and operation of the
Staff Judge Advocate office in the field of Military Justice The seminar will include
discussions of the organization of the Military J Llstice Division wi th i n 1 Staff Juclgc
Advocate office and relationship of the Staff Judge Advocate to the Deputy Stafr Judge
Advocate Chief of Military Justice Chief of Staff Commanding Genera inferior
courts-martial convening authorities the Provost Marshal and civilian law LnforCLment
personnel The seminar will also examine the processing of inferior cOllrh-Illartiil ll1d
Article 15 UCMJ proceedings pretrial and post trial processing of glneral courts-martial
the detailing of court members counsel and the military judge and the lundling or confinement problems
CONTEMPORARY MILITARY POLICY 12J
The purpose of this seminar is to promote understanding of thL Army till (lCLl]
and political environment in which it operates and selected military pulicy h)llc
confronting the nation and its armed forces
IMPLEMENTATION OF THE LAW OF WAR [I]
A review of 1972 and 1973 draft protocols and papers prepared by the International Committee of the Red Cross for implementation of the law of war in international and non-international conflict In context of US military force structures weapon systems and modern warflre a determination of an acceptable Army position on such proposed agreements Preparation of a position paper on a limited number of issues most pertinent
to the Army
GOVERNMENT CONTRACTS AS AN INSTRUMENT OF SOCIAL POLICY [I J
A study of the socio-economic policies in Government contracting their effectiveness and other alternatives to meet the social problems in the United States today Specific socio-economic policies covered will include small businesses labor standards labor surplus and labor surplus set-asides Buy National programs and equal opportunity programs
WEAPONS SYSTEMS ACQUISITION III
A study of the process of procurement of major weapons systems problems of such procurement and possible im provements to the process The proced ure will be traced
from the initial decision between competing systems to the selection of the source fm svstem development
30
Section 3
Judge Advocate Officer Basic Course
GellerLlI The life blood of the Judge Advocate Generals Corps is the grlduates of the twelve-week Basic Course which consists of Phase I four weeks presented at the U S Army Military Police School at Fort Gordon Georgia and Phase II presented in eight weeks at TJAGSA The Basic Course is a practical how-to-do-it course as contrasted with the graduate level Advanced Course Highlights of the course are instruction in the four major fields of military law and in practical exercises which will prepare the newly appointed judge advocate for his first duty assignment and particularly for military criminal trial practice
A moot court program is a continuing feature of the instruction given Basic Course students This program is designed to give new judge advocates practical experience in military trial practice and procedure Moot courts are simulated general courts-martial
Husband alld Wife Legal Teams in 65th Basic Class CPTs Peter alld Joyce Plaut and CFTs Joseph and Madge CCLlper
31
based on fact situations prepared by faculty members The positions of trial and defense counsel members of the court and witnesses are filled by members of the Basic Course Each student has at least one opportunity to act as trial or defense counsel The military judges part is played by members of the staff and faculty the Advanced Class or the
U S Army Judiciary who are certified military judges
Each class travels to Washington D c where they are admitted to practice before
the United States Court of Military Appeals
During FY 73 four Basic Courses-the 65th 66th 67th and 68th--were conducted at the School A total of 238 officers were graduated including IS officers of the United States Coast Guard and one allied officer each from Jordan and the United Kingdom A list of the graduates of the Basic Classes is contained in Appendix J and the academic awards arc noted in Appendix K
MG Harold E Parker The Assistant Judge Advocate General Gives Basic Class Graduation Speech
32
Course Structure The course curriculum and scope are as follows
CRIMINAL LAW [88 platform hours]
Introduction (2) Jurisdiction (2) Evidence (IK) Trial Technique (6) Documentary Evidence and AWOL (4) Affirmative Defenses (6) Review of Inferior Courts (2) Appellate Review and Extraordinary Relief (3) Procedure (26) Interview of Witnesses and Accused (3) Pretrial Advice and Post Trial Review (6) Article 15 (4) Review for Examination (2) Examination (4)
CIVIL LAW [74 platform hours]
Introduction (1) Military Personnel Law (9) Civilian Personnel Law (4) Labor-Management Relations (4) Boards of Officers (3) Law of Military Installations (12) Military Assistance to Civil Authorities (2) Claims and Litigation (12) Legal Assistance (12) Civil Rights (2) Drug Abuse (2) Dissent Seminar (2) Race Relations (4) Research Problems (6)
PROCUREMENT LAW 66th Basic Class Gift [21 platform hours] Being Presented to Commandant
Introduction and General Principles (3) Appropriations Process (2) Judge Advocate Responsibilities (2) Procurement Methods (4) Contract Types (1) Socio-Economic Policies (1) Nonappropriated Fund Procurement (I) Disputes and Remedies (2) Inspection Acceptance and Warranties (I) Examination (I)
INTERNATIONAL AND COMPARATIVE LAW [10 platform hours]
Recognition of problems involving international and foreign law with respect to claims and legal assistance and sources for solutions to such problems (I) Basic rules of criminal jurisdiction under status of forces agreements the Trial Observers Report (I) The fundamental laws and rules of the Law of War (2) Techniques of Military Instruction (2) Geneva Convention Training (2) Recurrent problems in using or instructing 011 the Law of War (2)
MILITARY OPERATIONS AND MANAGEMENT [4 platform hours]
Introduction to U S Defense structure and command and staff relationships within
33
this structure with emphasis on the relationships between the commanding officer of the installation Staff Judge Advocate and other installation command and staff elements
RACE RELATIONS SEMINAR [4 platform hours]
Students survey current race relations problems at the military installations based upon case studies in order to detennine the cause and effect of racial tensions Seminar participants discuss statutes regulations and current Army policy designed to prevent discriminatory practices and promote racial harmony in the military service
LEGAL RESEARCH PROBLEMS [8 platfol111 hours]
In this office practice exercise each student researches and prepares an opinion on selected legal problems commonly encountered at the militalY installation He then makes a classroom presentation of his work using an appropriate pedagogical technique with a view towards instructing his fellow students in the law
Basic Class Recep tion
34
Section 4
Resident Continuing Legal Education Courses
CIVIL LAW I (5F-F5)-Two phases (l week each)
Phase I--Law of Military Installations Law and current legal problems relating to military reservations nonappropriated funds military assistance to civilian authorities and installation management with special emphasis on control of installations and challenges to commanders authority by court processes
Phase II--Claims Claims regulations and procedures with emphasis on the Federal Tort Claims Act and claims in favor of the Government Panel discussions on injury evaluation and medical care recovery highlight the practical aspects of the course
CIVIL LAW II (5F-F2)--Two phases (1 week each)
Phase I--Personnel and Administrative Law A study of statutes regulations and court decisions concerning military personnel law boards of officers conflicts of interest military compensation line of duty determinations and release of information Attention will also be given to current administrative law problems with panels of experts
Phase II-Legal Assistance Study of current legal problems and court decisions which affect the military serviceman including consumer protection family law taxation immigration small claims property settlements and bankruptcy
INTERNATIONAL LAW (5F-F3)--2 weeks
International agreements jurisdiction State responsibility Status of Forces Agreements conduct of hostilities war crimes and internal armed conflict Geneva Conventions and the New Protocols Responsibility and Superior Orders
JUDGE ADVOCATE OVERSEAS OPERATIONS (5F-F14)--1 week
A review of civil and criminal codes of countries where large numbers of US personnel are stationed and the rules established for the conduct of US personnel through Status of Forces Agreements Emphasis is upon the role of the judge advocate in assisting US personnel in the conduct of their legal affairs in a foreign country in protecting
35
jJAl Rice
MAl Suarez
the interests of the Government in civil litigation and in protecting the interests of US personnel charged with crimes by a foreign country
JUDGE ADVOCATE RESERVE COMPONENT FIELD GRADE OFFICER REFRESHER (S-27-C8)-2 weeks
To further qualify the judge advocate in matters relating to the performance of legal duties involving international and comparative law and administration of military justice and to provide a more comprehensive knowledge of the fundamental principles of Government contract law and the role of the procurement legal advisor organization of the Army developments in tactics military correspondence command and staff procedures and National Guard and Army Reserve activities
LAW OF FEDERAL EMPLOYMENT (SF-FI0)-1 week
Civilian Personnel Law Hiring promotion and discharge of employees under the FPM and CPR role of the Civil Service Commission procedures for grievances appeals and adverse actions personal rights of employees
Labor-Management Relations Rights and duties of management and labor under Executive Order 11491 and DOD Directive 14261 negotiation of labor contracts impasse mediation administration of labor contracts and procedures for arbitration of grievances
LAW OF WAR amp CIVIL MILITARY OPERATIONS (SF-F4)-2 weeks
A review of the basic law of war with an up-date on the latest changes and developments in the area A detailed examination of international customs and treaty rules affecting the conduct of
CPT IlIlwinl~elried
36
us military forces in civilmilitary operations and in all levels of hostilities The Geneva Conventions and their application in civilmilitary operations and in various types of combat operations and missions to include problems of refugees labor psyops
legislation and public relations
LITIGATION AND ENVIRONMENT LAW (SF-FI3)--1 week
Review of Federal Rules of Civil Procedure Judge Advocate coordination with Department of Justice and procedural law relating to practice before administrative agencies Preparation of litigation reports and techniques of evaluating liability and amount of damages
MILITARY JUDGE (SF-F9)--3 weeks
To qualify military lawyers to perform duties as full-time military judges at courts-martial with emphasis on special courts-martial Conference panel and seminar forums are utilized to cover substantive military criminal law defenses to crimes instructions to the court rules and principles of evidence trial procedure and current military legal problems
MILITARY JUSTICE (SF-Fl)-Two phases (I week each)
Phase I--Administration of Military Justice An examination of the administration of military justice to include recent developments in criminal law and the functions and problems invoived in pretrial and post-trial procedme
Phase IJ-Trial Advocacy Intensive instruction in trial practice to include problems confronting trial and defense counsel
37
CPT AdatIs
CPT illlltall
CFJ lurJut
MAJ McGo lIA1i1
AlA) LlIlc
AJAr Gilligal
PROCUREMENT ATTORNEYS (5F-Fll)-2 weeks
Study of legal problems arising in the following areas general principles including the authority of the Government and its personnel to enter into contracts contract formation including appropriations formal advertising basic contract types and socio-economic policies contract performance including modifications~ disputes including remedies and appeals
PROCUREMENT ATTORNEYS ADVANCED (5F-FI2)-2 weeks
Study of legal problems arising in the following areas incentive contracting funding competitive negotiation socio-economic policies Government assistance state and iocal taxation modifications weapons system acquisition truth in negotations terminations labor relations problems contract claims and litigation
SENIOR OFFICER LEGAL ORIENTATION COURSE-3 days
Civil law to include installation management labor management relations military personnel law llonappropriated funds investigations legal assistance claims and litigation criminal law to include search and seizure confessions the responsibilities of the convening authority before and after trial and the options available to commanders in varibus military justice situations
STAFF JUDGE ADVOCATE ORIENTATION COURSE (5F-FI 5)--1 week
A survey of new developments in the areas of military justice civil law procurement and international and comparative law
38
Section 5
Nonresident Instruction
The Office of Nonresident Instruction was added to the Academic Department to coordinate and administer the various forms of nonresident instruction offered by the School The office is headed by the Deputy Director for Nonresident Instruction
The office is divided according to the instructional methods employed The immediate office of the Deputy Director is responsible for supplying instructional materials for use by instructors at other institutions Materials are supplied annually to USAR Schools for instructing 7000 Officer Advanced Course and 2000 Officer Basic Course students of other than J AGC branches and 85 JAGC Advanced Course students ROTC cadets receive instruction on their college campuses utilizing NRI materials The Deputy Director also maintains liaison with the US Military Academies other Army service schools and schools of other Armed Forces Active Army unit training support is also a function of the office
The Correspondence Course Office is responsible for supplying students with self-instructional materials Approximately 2500 students are carried on the rolls annually including officer and enlisted personnel of the Active Army and Reserve Components andmiddot personnel from allied nations About 20000 correspondence course students of other Army service schools take subcourses supplied by NRI
39
MAj james A Endicott Jr Dep Dir for Nonresident Instruction
CPT joseph W Hely Jr and Mr Robert 11 Alerritt
The following courses are currently offered by correspondence
Judge Advocate Basic Indoctrination Course
Judge Advocate Advanced Course
Special Courses Specialization Courses for Senior J AGC Officers Military Law for Commanders and Staff Officers Course Legal Warrant Officers Course MOS 713A J AGC Senior NCO Course GCM Legal Clerks Course MOS 71D50 SPCM Legal Clerks Course MOS 71 D20
All Advanced Course students enrolled on 1 September 1973 will be required to complete a writing requirement administered by the Deputy Director Thesis advisors will be assigned to each student to assist in topic selection and organization of the 15-20 page 3000 word minimum papers
CJYr (P) Terry Devliu IS Promoted (Finally)
40
Section 6
Paraprofessional Courses
The Legal j)artl[JToessional The implementation of the Military Justice Act of 1968 and the Pilot Legal Assistance Program have placed extraordinary demands on the time of the Army lawyer A partial answer to these demands is the development of military legal paraprofessionals During the second week of February the Civil Law Division conducted the first Legal Paraprofessional Course in legal assistance The course attended by 21 secretaries and enlisted men from Army and Coast Guard judge advocate offices is the first step in the fonmll development of legal para professionalism in the Army The Criminal Law Division also graduated its first group of paraprofessional students in February 1973 The paraprofessional courses are designed to instruct legal lay assistants in the duties and administration of the military justice division of installation judge advocate offices It is planned that future instruction in these resident courses will include
PARAPROFESSIONAL COURSE--CIVIL LAW-I week
Legal research and instruction in legal assistance to include interview techniques recognition of non-legal problems preliminary drafting of routine legal documents and other substantive legal matters
PARAPROFESSIONAL COURSE--CRIMINAL LAW-I week
An overview of the entire military justice system disposition of charges interview of witnesses preparation of vouchers subpoenas depositions and similar documents administrative review of Article 15 punishments and other substantive legal matters
WARRANT OFFICER AND SENIOR LEGAL CLERK COURSE (7 A-713A 7lD50)--1 week
Review and discussion of the legal administrative technicians and senior legal clerks roles as office managers of a judge advocate office or activity with particular emphasis on effective management of personnel equipment work flow and fiscal resources
LAW OFFICE MANAGEMENT-l week
A new course for warrant officers and senior legal clerks in March 1974
41
Cl1middot)2 Clorlcs L West jJ(r(leyal Fraililly Officer
BG Lawrence H Willimrls Assistallt jucZle Advocate General for Military Law
Prescnts Diplolla to DistillYllished Gradllate of NCOES COllrse
42
NONCOMMISSIONED OFFICER EDUCATION SYSTEM On 15 June 1973 the School graduated its first NCOES Course The initial input of 12 students MOS 71D and 71 E were tracked with MOS 71 L (Administrative Specialist) students during the first nine weeks of schooling conducted at Fort Benjamin Harrison The final two weeks of advanced MOS training 71 D and 71 E were conducted here at Charlottesville
CPT WorkmanCPT Wagller
lVIA] White CPT Robie
43
1972 JAG Conference BG Persons 13G Montgomery US4R Mr Kendall Barnes GC AMC BG UpjJ USAR BG Babbitt foreground
Receptioll HOllorillg Conference Banqzl(t Speawr Mr jllstice 10111 CZellh MG Prugh Mr justice Clark Mrs Douglass COL Douglass CfYr Griffin
44
CHAITER III
CONFERENCES VISITORS AND SEMINARS
Section 1
JAG Conference
During the week of 1-5 October 1972 the School again hosted the world-wide JAG Conference an annual event which brings together senior judge advocates from all major Army Commands throughout the world as well as representatives from the sister services for the discussion of current problems and developments in military law Speakers and panelists provided updates and briefings on all aspects or criminal civil procurement and international and comparative law
A unique feature of the 1972 Conference was the attendance by personal invitation of The Judge Advocate General US Army of a number of JAGC warrant officers and
Mr JOllil l lJlIstCriU lr I Fred J)llhardt
45
senior legal clerks Headlining the Conference list of speakers was Mr Justice Tom C Clark who was the banquet speaker Other distinguished speakers included Department of Defense General Counsel 1 Fred Buzhardt Attorney General Robert B Morgan of North Carolina Deputy Assistant Secretary of Defense John A Busterud and Harvard Pro fessor Richard Baxter
Social events highlighting the evenings of Conference Week included the annual Conference Banquet the Icebreaker and a new addition this year an informal Hawaiian RampR party
Hawaiian RampR Hlrty
46
Mr Robert B Morgan
Section 2
The Judge Advocate Generals Reserve Conference
The School hosted the fourth annLlal Judge Advocate Generals Reserve Conference from 30 November to 2 December 1972 The conference focused on Special Interest Groups and Conferee Workshops Special Interest Groups included JAGSO Detachment Commanders ARCOM SJAs Training Division SJAs and Troop and Civil Affairs SJAs Workshops were conducted and reports made to the conference on the subjects of Civilian Personnel and Employee Unions Race Relations Environmental Law Search and Seizure and Drug Abuse
Among speakers and guests were Dr Theodore C Marrs Deputy Assistant Secretary for Reserve Affairs Department of Defense MG J Milnar Roberts Chief Army Reserve MG George S Prugh The Judge Advocate General MG Harold E Parker The Assistant
BG Upp BG Montgomery Dr Marrs COL Douglass and RADM Staring at Judge Advocate Generals Reserve Conference
47
LTC Fontullelle and COL Selleider
Jldge Advocate General BG Robert D Upp USAR Assistant Judge Advocate General Special Assignments (MOBDES) BG Edmund W Montgomery II Chief Judicial Officer (MOBDES) and Colonel William B Carne Chief Litigation Division OTJAG
Social events included an Icebreaker cock tail party at the Officers Open Mess and the Conference Banquet at The Holiday Inn Afton Mountain
COL Fulton and COL Garber
48
Section 3
National Guard Judge Advocate Generals Conference
The Second Judge Advocate Generals National Guard Conference was hosted by the School in Marcil As with the first conference emphasis was placed upon military law as it applied to the National Guard Conferees workshops were similar to those held during the Reserve Conference
Among the invited speakers and guests were LTG Harris W Hollis Chief Office of Reserve Components MG George S Prugh The Judge Advocate General MG Francis S Greenlief Chief National Guard Bureau MG Harold E Parker The Assistant Judge Advocate General and Mr Robert B Morgan Attorney General North Carolina
Social events included an Icebreaker cocktail party at the Officers Open Mess and the Conference Banquet at AftJn Mountain HolidJY Inn
AIG Chelley 11ze J[(z(e Advocate Gelleral of the Air Jorce
alld Air Force National Guard Participants at Conference
49
LTG and Mrs Hollis
COL James B Deerin
MG William ] McCaddiil T1w Adjutant General Va ARNG
50
Section 4
Speakers and Visitors
The professional atmosphere of the School is enhanced by an active guest speaker program through which distinguished experts are invited to address the various classes and the entire School community There are two formal lectureships established in conjunction with the two academic chairs at the School This year the Second Kenneth J Hodson Lecture in Criminal Law was given by Professor Yale Kamisar of the University of Michigan School of Law As mentioned previously the First Edward H Young Lecture
on Military Legal Education was given by Professor Delmar Karlen
Many officers governmental officials practicing attorneys and educators visit the
School to observe portions of its programs A list of the guest speakers and distinguished persons visiting in 1973 is contained in Appendix L
Mr Doll Droge Natiollal S(cllritv CollIcit Staff
51
MG Kenneth J Hodson Chief
USA Legal Services Agency
Prof Helmut Rumpf Office of the Legal Advisor
Foreign Office Federal Republic of Germany
Hon Robert M Duncan Judge US Court of Military Appeals
52
Mr Jack Stempler General Counsel us Air Force
Frederick Hernavs Iliiclicr COL -AGC (ltetj
l1JG Lloyd B Ramsey The Provost Marshal General
53
MG George S Prugh The Judge Advocate General of the Army
Prof Yale Kmnisar
JudRe Tim Murphy D C Superior Court
54
Section 5
Race Relations Seminar
From 17-19 January 1973 The Judge Advocate Generals School was host to a race relations seminar The seminar brought together judge advocates from CONUS and overseas commanders provost marshals and others experienced in race relations and military justice The primary purpose of the seminar was to aid judge advocates in advising their commanders and staffs concerning race relations and racial incidents and the handling of such
The two-day agenda included small--group discussions of such matters as the following
(a) Racial problems confronting judge advocates law enforcement and command authorities in the field
(b) Indicators and warnings of racial disharmony which may cause or contribute to offenses
(c) Guidelines for effective solutions to racial problems of the command
Cd) The role of the staff judge advocate in race relations 111 the command
This seminar was but a small part of the race relations program developed by the School during the past year Race relations instruction was an important feature of the
55
elYT Grahanl
elYl Criflill Race Relatiolls Illstructors
Race Relations Seminar
Basic and Advanced Classes Elements of this instruction included the basic causes of racial unrest in the military personal and institutional racism applicable civil legislation and military justice problems The Advanced Class curriculum also included a 12-hour race relations elective which dealt with both specific problem areas and served as a speaking platform for individuals involved in the race relations field In addition race relations instruction and workshops were held during the Annual Judge Advocate Generals Conference Reserve Conference National Guard Conference and many of the other short courses offered throughout thc year Additional instruction and seminars have been planned for the coming academic year in an attempt to meet the challenge of this extremely important and sensitive area
56
CHAPTER IV
DEVELOPMENT DOCTRINE AND LITERATURE
Created 1 March 1973 the Development Doctrine and Literature Department (DDL) is responsible for combat developments doctrinal and legal literature military operations and management and professional liaison and development In its role as combat developer for the Corps DDL must ensure that JACC will have the necessary resources to perform its mission in the Army in the future DDL has taken steps to end the court reporting equipment problem that exists today DDL members formerly with CDCJ AA which had initiated the justification for new court reporting equipment guided the project to AMC Procurement of the needed equipment is projected for the near future
In addition to ensUling proper materiel allocation DDL also ensures effective personnel allocation in planning for the Army of the future In the course of investigating personnel developments DDL prepared a recorm1ended Table of Organization and Equipment (TOE) for a separate defender program and prepared a staff study recommending the use of paralegal assistants LTC John L Costello Jr
Director Development Doctrineby military lawyers and Literature Department
Most recent of its developmental accomplishments is the experimentation in the area of Automated Legal Research Provided by the US Army Judiciary with volumes of courts-martial statistics DDL programmed the statistics into an automated data bank Such an automated system enabled DDL to rapidly and accurately make recommendations for more effective allocation of personnel while studying the feasibility of a separate defender program
DDL is charged with review of doctrinal literature for legal sufficiency and has provided input to force concepts and designs in the Armys combat development process Also of a doctrinal nature is the responsibility for instruction in military operations and
57
management The Military Operations and Management Division of DDL is responsible for all instruction in military arts and sciences the defense structure command and staff procedures and Army management
In keeping with its mission of professional development DDL provides an office for liaison with professional associations both legal and military In establishing liaison with professional associations such as ABA FBA AUSA etc that office has also monitored Law Day USA observances throughout the Army and coordinated after-action reports Enthusiasm for Law Day 1973 observances was enhanced by JAGCs receipt of a ABA Award of Merit for its 1972 observance
DDL is also responsible for publication of the Military Law Review The Army
Lawyer and the Judge Advocate Legal Service discussed in Chapter V
CPT John D Home Professional Liaison Office
58
MAJ James R Wessel Chief Military Operations
Management and Plans Division
-- - CPT Daniel Worlltin1
011 Computerized Study
CHAPTER V
PUBLICA TIONS
The Military Law Review a law quarterly identical in format to the leading civilian legal journals is distributed to all judge advocates in the Active Army and the Ready Reserve In addition the Superintendent of Documents Government Printing Office sells copies and subscriptions to all interested civilian agencies and individuals
The Law Review contains lead articles comments and notes of interest to military law practitioners Theses written by students of the Judge Advocate Advanced Course are a primary source of articles Comments notes and articles from judge advocates in all three armed services foreign military and civilian lawyers members of the staff and faculty law school professors reserve judge advocates and civilian attorneys are also published During Fiscal Year 1973 Volumes 57-60 were printed Instituted during this fiscal year was a series of comnents on historic courts-martial to be continued in future volumes of the Law Review
The Catalog of Advanced Class Theses was revised by the Publications Division and distributed during FY 72 A supplement to the Catalog was compiled and distributed during FY 73
The Judge Advocate Legal Service (JALS) is responsible for rapid dissemination of the latest military law and items of interest to judge advocates around the world J ALS is printed bi-weekly in Charlottesville Virginia and distributed in over 7600 copies to all three armed services J ALS digests all cases decided by the United States Court of Military Appeals most published Court of Military Review decisions Federal Court decisions affecting the armed services and actions by The Judge Advocate General under Article 69 Uniform Code of Military Justice
59
The Army Lawyer a how-to-do-it type journal provides practical and timely
information to judge advocates in the field This monthly periodical incorporates claims personneL and legal assistance information previously found in other publications
The Manual for Courts-iVlartial Annotation Third Edition (1973) a significant research tool on military law was prepared in an updated version during Fiscal Year
1973 as DA Pamphlet 27-13 The Annotation contains case citations a citation of appropriate regulations and a cross-index to the Military Judges Guide To facilitate
research the Annotation is designed to be interleafed on a chapter-by-chapter basis with the Manual
In addition the following texts were submitted during FY 73 to the Office of The
Judge Advocate General for pUblication as Department of the Army pamphlets
Administrative Law Handbook Eyjdence Jurisdiction Legal Guide for the Soldier Trial Proced ure
Printed as special texts to support
resident instruction in some cases pending availability as DA Pamphlets were the following
Civil Law Basic Oass Deskbook Criminal Law Basic Class Deskbook Effective Research Aids (Civil Law) Evidence Law of AWOL Military Administrative Law Senior Officer Legal Orientation Texts Trial Procedure
During the course of FY 73 many articles authored by members of the staff and facul ty and were pu blished A list of those articles is contained in Appendix M
60
CPT Stephell L Buescher Clz ief Doctrine and Literature Division
CPT ] Alullill Editor Military Law Review
CHAPTER VI
RESERVE AFFAIRS
General The reorganization of the Army with the shifting emphasis on the Reserve program resulted in the establishment of the Office of the Assistant Commandant for Reserve Affairs arid Special Projects The overall mission of this office is to develop and implement a program to improve the readiness capability of the Army Reserve Component Judge Advocate Generals Corps personnel This mission has been broken down more specifically to provide for the career management of all JAGC reserve officers which includes providing liaison with the United States Army Reserve Component Personnel and Administration Center to develop and administer a program of technical training and to maintain liaison with the individual Reserve or National Guard components the Army Readiness Region Commanders and the CONUS Armies To accomplish these functions the Office has been subdivided into the Career Management Division and the Reserve Training Division
Career Management Division As a result of greater emphasis being placed on the Reserve program added consideration has LTC Keith A Wagner been given to the career management of all Assistant Commandant reserve component JAGC officers More for Reserve liffairs resources have been allocated toward advising individual reserve JAGC officers upon matters affecting their careers such as appointments transfer federal recognition of National Guard component officers and educational qualification for promotions This advice has become more important to the JAGC reserve officers because the competition for appointment assignment and promotion has become keener in the recent year
Career counseling is carried out primarily through correspondence but during the past two years with the JAGSO team training being conducted at TJAGSA personal interviews have been conducted by members of the divisions Such interviews are more desirable because in the course of this counseling the Reservists are alerted to important aspects of their career pattern Personal interviews are also conducted when officers of
61
LTC James N McCune Chief JACC Reserve Cornponents
Career hlanagement
the department make staff liaison visits to JAGSO detachments throughout the year Reserve units visited during FY 73 are listed in Appendix N
In the next academic year the channels of communication will be vastly improved by the on-site training to be given by the faculty from the School As part of these training visits the faculty member will bring back any inquiries from individuals regarding career problems to the Office of Reserve Affairs
As a further service to reserve component officers a Judge Advocate Reserve Components Directory is published annually This directory contains the names addresses type of assignment and the nature of civilian employment for more than 1800 Reserve component JAG officers
Reserve Component Training Divisioll The reorganization of the Army has resulted 111 the development of the Reserve Component Technical Training otherwise referred to as on-site training The program includes a six-hour block of instruction by faculty members from each of the four academic divisions of TJAGSA During the first academic year two hundred and twenty-five visits will be made under the program The purpose of the visits will be to bring all reserve component JAGC officers up to date on the most recent changes in military law and to inform the officers of the organizational changes in the JAG Corps
In addition the overall training program includes nonresident training on-the-job training of J AGSO Detachments at active Army installations throughout the country the Reserve Components General Staff Course and the cyclical resident training for specific J AGSO teams The on-the~job training is proving very successful During the past training year more than fifty percent of all J AGSO Detachments were participating in hands on training at active Army installations In addition all J AGSO teams except the 33 General Court-Martial tcams were assigned a training site appropriate for their mission for ADT 1973 ie Procurement teams to procurement centers Claims teams to Army Oaims Service etc
With regard to resident training during the summer of 1973 a trall1Jl1g program for General Court-Martial teams totaling over 210 men was conducted at TJ AGSA This training was supported by the 1050th USAR School West Hartford Connecticut and
62
included an update on court-martial procedures substantive law and a series of moot courts Greater emphasis was placed on training the court reporters and to that end new more sophisticated equipment was provided
Forecast for the coming academic year is the Reserve Component Technical Training (on site) and the Reserve Senior Officers Legal Orientation Course The SOLO course is designed for officers who are not members of the JAG Corps but who by virtue of their duties as commanders require a knowledge of military law In addition the US Army Reserve Judge Advocate Conference is scheduled for November 1973 and the National Guard Judge Advocate Conference is scheduled for March 1974 The purpose of these two conferences is to bring the senior
CPT Eldon D Robertsreserve component Judge Advocates to Chief Training OfficeTJAGSA to discuss common problems and
bring them up to date on the latest developments in military law and new innovations in the reserve program
Chief Judge Darden of the U S Court of Military Appeals and JAGSO Detachment Members at COMA Admission Ceremony
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CHAPTER VII
PROFESSIONAL ORGANIZA TrONS AND DEVELOPMENT
American Bar AssociLztion Pursuant to TJ AGSA policy the School maintained active participation in the American Bar Association during FY 1973 Five representatives from TJAGSA attended the ABA Annual Meeting in San Francisco during August of 1972 one of whom along with MG Prugh represented the Corps in receiving an ABA Award of Merit for outstanding observance of Law Day 1972 In additon four members of TJAGSA traveled to Cleveland in February of 1973 for the ABA Mid-Year Meeting
As an indication of the active participation by the personnel of the School many held positions of responsibility in the organization The Commandant served in an advisory capacity to the Standing Committee on Legal Assistance to Servicemen one member represented the Armed Forces (District 15) on the Young Lawyers Section (YLS) Executive Council as well as serving as Co-Chairman of the YLS Military Service Lawyer Committee one member served as Co-Chairman of the YLS Coordinating Committee and one member served as Vice-Chairman of the YLS Corporation Law Committee
President-Elect Chesterfield Smith of the American Bar Association presents Law Day Award to MG Prugh and CJYT Robie
65
Federal Bar Association The Federal Bar Association (FBA) which is composed of lawyers who are or have been in the employ of the United States Government in a legal capacity is represented here by the Charlottesville Chapter Not only did TJAGSA provide the chapters business office but also personnel of the School served in positions of both President and Vice-President during FY 73 In April of 1973 the Charlottesville Chapter of FBA hosted the TJAGSA Board of Visitors at a coffee
National Association for Law placernent An organization composed of law school placement offices as well as employers the National Association for Law Placement (NALP) seeks to increase communication between buyers and sellers in the legal job market Founded two years ago NALPs membership consists of some 95 law schools of which TJAGSA is one and 30 employers During FY 73 the School was represented at all meetings and conventions by the Post Judge Advocate who also served the organization as its Secretary
Associatioil of American Law Schools The AALS was chartered in 1900 and has a present membership of 115 schools throughout the United States The Judge Advocate Generals School does not meet the requirements for membership but is associated with the organization For a number of years the Commandant and Director of Academics as representatives of TJAGSA have attended the annual meetings held each year between Christmas and New Years
The faculty of The Judge Advocate Generals School is included in the directory of law teachers prepared by the AALS Faculty members are on the sections of the Association and work actively in the section on teaching methods and the section on studies beyond the first degree in law
Of particular interest to TJAGSA are the studies done by the AALS on Administrative Law Constitutional Law Criminal Law Professional Responsibility Trial Advocacy Continuing Legal Education Paraprofessional Legal Education Teaching Law outside of Law Schools and Teaching Methods
Associatioll of the Ul1ited States Army The Thomas Jefferson Chapter AUSA continued its active role in the Charlottesville community The 1973 Dogwood Festival Week was the occasion of several AUSA activities Two recently released POWs were honored at a cocktail party in the TJAGSA OOM at the conclusion of the annual Dogwood Parade On the following day AUSA hosted a record number of guests at its traditional Dogwood Luncheon The gathering was addressed by Congressman J Kenneth Robinson CR-Va) and honored guests included Miss Dogwood Festival Miss Virginia Miss New York and the US Army Golden Knights Parachute Team The Golden Knights accepted a memorial presentation from the Thomas Jefferson Chapter in remembrance of those
66
Air Force POlY MAl Normall Wells receives award fronl A USA Chapter President Walter L Srnith (l) and Virginia Congressnail Robinson (I)
members who had met their deaths earlier in the year as a result of a plane crash and performed a skydiving demonstration that evening at a local park Business offices for the Thomas Jefferson Chapter AUSA were maintained this year by TJAGSA
Professional Liaison and Development As a result of the Schools reorganization in March of 1973 an Office for Professional Liaison and Development was established in the newly formed Department of Development Doctrine and Literature This office has been charged with maintaining liaison with professional associations as well as monitoring Law Day Activities for J AGe
lACC Recruiting During the year several members of the staff and faculty visited various law schools throughout the
AUSA President Smith (r) presents Monticello picture to (l to r) Congressman Robinson ilIiss Dogwood 1972 and Commander of the Colden Knights
67
country in an effort to recruit senior law students for the JAG Corps In addition the School receives numerous inquiries concerning admission into the Corps Packets containing information on admission requirements are provided upon request TJAGSA personnel are called upon to counsel and advise individuals from the Charlottesville area and the University of Virginia who are seeking admission to the Corps
Alumni Association The Alumni Association continued to grow during the fiscal year with approximately 2500 members on 30 June 1973 an increase of approximately 500 new members during the year The Association provides academic awards for Basic and Advanced Gasses maintains contact with the allied officers who have attended the School and gives a plaque and a cash award to the winner of the Annual Professional Writing Award During Fiscal Year 1973 three issues of the Alumni Newsletter were published which included news of events and conferences at the School a calendar of courses offered at the School and personal information on members of the Association The activities of the Association were financed by annual dues of one dollar for each member and contributions from interested members The Annual Report is distributed by the Alumni Association to all of its members each year
Coordination and financing of Association activities as well as editing and writing of the Alumni Newsletter and the Annual Report are responsibilities of the Assistant School Secretary
Lectures Reflecting the Schools role in educating officers of the other branches of the Army and the other services members of the faculty traveled widely giving lectures to diverse groups upon various aspects of military law A good example of how the knowledge of the faculty may be applied to the training of non-legal personnel was the course of instruction in procurement methods given to criminal investigators specializing in appropriated and nonappropriated procurement frauds
During the course of the year the School continued to build a close professional relationship with the Army War College Frequent visits there by the faculty of TJAGSA resulted in the incorporation of a considerable amount of current legal material into that course
A list of lectures given outside TJAGSA by facuIty members is contained in Appendix O
68
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New Building l-Indcr ConstructiOIl
70
CHAPTER VIII
BUILDINGS AND SUPPORT ACTIVITIES
Section I
Buildings
Construction of the new Judge Advocate Generals School building began on 15 January 1973 and was scheduled for completion within 24 months The new building will be located in the same area as the new Law School and the Graduate School of Business Administration of the University of Virginia The basement level of the new building provides space fpr the administrative and logistics offices storage and library The library is designed with 32 individual study carrels and will accommodate 50000 volumes The ground level (or first floor) houses the academic department (approximately 60 offices) three classrooms to accommodate 50 100 and 200 students respectively four conference rooms which will accommodate 20 persons each eight smaller conference rooms for 12 persons each completely equipped moot courtrooms an auditorium with 125 seat capacity audio-visual room and student lounge On the second level are the offices of the commandant and other directorates of the School in addition to a two-bedroom VIP suite The third and fourth levels each have 32 individual BOQs with bath Also there are four two-room suites with bath and four two-room suites with bath and kitchen facilities on each floor The fifth floor is the officers open mess and dining facility which has a seating capacity of 120 people In addition the club will have patios on two of its sides
Due to a spring snow storm a sym bolic groundbreaking ceremony for the new building was held indoors on 12 April at the Groundbreaking Universitys George Baskerville Zehmer Hall COL Douglass MG Prugh
President Sharman
71
After opening remarks by the Commandant Colonel John Jay Douglass Major General George S Prugh The Judge Advocate General of the Army joined with University of Virginia President Edgar F Shannon and Colonel Douglass in turning a symbolic shovel of earth which formally commenced the construction project
Among those attending the ceremonies were Army Colonel (Ret) Kenneth C Crawford Commandant of the School during the years when the plans for the new building were formulated and Professor John
President Shannon Speaks at Ritchie III a mem ber of the Schools Groundbreaking Ceremony original Board of Visitors Colonel Crawford
is now Director of Education and Training for the Federal Judicial Center Professor Ritchie formerly Dean of Washington (St Louis) Wisconsin and Northwestern Law Schools is presently on the faculty at the University of Virginias Law School Also in attendance were members of the current Board of Visitors
Attendees representing the various Armed Services included Major General Kenneth 1 Hodson former The Judge Advocate General of the Army now Chief US Army Legal Services Agency Rear Admiral Ricardo Allen Ratti Chief Counsel United States Coast Guard Colonel Charles J Keever Acting Director of the Judge Advocate Division United States Marine Corps and Colonel (Ret) Ralph D Pinto former TJAGSA Deputy Commandant
Others in attendance included William P Dickson J f a Norfolk attorney and formermiddot member of the Board of Governors of the American Bar Association representing Robert W Meserve President of the ABA C Norman Poirier immediate Past President of the Federal Bar Association Francis H Fife Mayor of the City of Charlottesville Gordon L Wheeler Albemarle County Board Chairman and Walter L Smith President of the Thomas Jefferson Chapter of the Association of the United States Army
The present Judge Advocate Generals School building a red brick building of Georgian architecture was dedicated on 26 September 1956 It contains offices and 19 furnished BOQ rooms In addition the building houses the School Library a conference room supply room and bookstore An Officers Open Mess and snack bar with outdoor patio is located on the fourth floor of the building Classrooms for the School are located in the University of Virginia Law School
72
Section 2
Support Activities
a Library alld Military Legal Center
The School generally furnishes each student with the basic textbooks and other classroom materials which he will need during a course However when additional references and research facilities are req uired students are encouraged to utilize the School Library the Law Library of the University of Virginia and Alderman Library the general library of the University
The Judge Advocate Generals School Library contains approximately 20000 volumes and is oriented toward military law There is a complete set of all Army regulations most federal legal materials and
a complete military justice library During LTC Edward C Seufert FY 1973 many historic military legal items School Secretary
and current books on military law were added to the Schools Military Legal Center one of the most extensive collections on military law past and present in existence Also during the year the Library staff completed a major portion of the complete cataloging of the Schools collection in order to provide a ready reference system for researchers
The Law Library Il1 Clark Hall contains over 200000 volumes and it is readily accessible to our students It has an extensive collection of published reports of the American federal and state courts the reports of the courts of the United Kingdom
lvlrs R Vivian Hebert treaties digests encyclopedias indices andLibrarian citator services It also contains the statutes
73
Leased Housing Units
BOQ Room
74
of the United States of the several states and of Great Britain The Library receives every current legal periodical of general interest printed in the English language
Alderman Library has about 2000000 volumes and a particularly fine collection of official Government publications It has been designated by the United States Government as a depository for public documents
h Billeting and Mess Facilities Bachelor officers quarters are available in The Judge Advocate Generals School BUilding Assignments of rooms may be obtained through the Billeting Officer Linens towels and maid service are provided All rooms are carpeted and air-conditioned and many have refrigerators and television sets
The School has a number of family housing units under government lease to be utilized as government quarters in lieu of BAQ Priority for the utilization of these units is first given to enlisted personnel and then to officers attending the Advanced Class The School Secretary and the University Housing Division maintain lists of available apartments and houses in the Charlottesville area
The top floor of The Judge Advocate Generals School building is used by the Officers Open Mess The Winthrop Room is furnished with large comfortable chairs and sofas a color television set piano and other accessories
Officers Open Mess
75
A snack bar located on the fourth floor and operated by the Officers Open Mess personnel now serves breakfast and lunch to its members During the evening hours refreshments and snacks are available
During the year the Mess sponsors a full program of activities and social events for the benefit of its members including dances buffets picnics class receptions social hours and other activities
c Boolzstore The Bookstore now located on the first floor of The Judge Advocate Generals School is easily accessible to all patrons Various personal items uniform accessories stationery supplies cigarettes and tobacco souvenir items and books are available
d Commissary Facilities During part of FY 73 the School was able to arrange for a truck to bring commissary products from Richmond to Charlottesville Although this service has been discontinued procedures are SSG John Huffman
being taken to have the operation reinstated Bookstore Manager
Commissary Operations in Charlottesville
76
e Logistics The Logistics Office provides assistance and advice in arranging for shipment andor storage of household goods for military personnel assigned to the School and members of the Advanced and Basic Classes In addition the Division provides budget and contracting services for all money expended by the School
f Personnel and Finance The Adjutants Office is responsible for the processing of all incoming and outgoing personnel the maintenance of individual records and the operation of the School mail room The office also acts as liaison with the Civilian Personnel Division at the US Army Foreign Science and Technology Center in Charlottesville which is responsible for the Schools civilian employees
Although the School has no finance CPT William K Thompson officer the Adjutants Office is available to Chief Logistics provide necessary assistance and advice in matters relating to pay and allowances Close contact is maintained with the servlcmg Finance and Accounts Offices in Washington and at Fort Lee
g Health Care Facilities The Judge Advocate Generals School lS sateIlitccl on Kenner Army Hospital at Fort Lee Virginia for medical and dental care Locally a contract surgeon provides outpatient services for military personnel Because of the distance from a US Army hospital dependents of personnel stationed at The Judge Advocate Generals School are entitled to the benefits provided under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS)
Dental care and eye examinations for military personnel assigned to the School are available from any local dentist and eye doctor on an individual contract basis CIYT Richard J Lynch however there are no provisions for such care Adjutant
for dependents
77
h Athletic Facilities Assigned and attached military personnel and all students are permitted to use all athletic facilities of the University of Virginia Both the School and the Intramural Department of the University have a limited amount of athletic eq uipment for the use of students and the staff and faculty
i Public Information Office During Fiscal Year 1973 the Plans Division succeeded by the Services Division conducted a comprehensive public information program with increased emphasis on obtaining the broadest possible coverage of all events occurring at The Judge Advocate Generals School
J Post J~idge Advocate During Fiscal Year 1973 following the reorganization of the School the Post Judge Advocate provided legal assistance to armed forces personnel and dependents in the Charlottesville area Liaison has been established with the local Red Cross and Legal Aid Society to assist the department in their respective fields of expertise The caseload averages over 50 clients per month and consists of the type of problems customarily encountered in legal assistance offices in the field
The Post Judge Advocate is also responsible for processing claims anS1J1g from incidents in the Charlottesville area and transit damage for all local military personnel The School has authority to settle and pay claims up to $1000 Fifty-five claims were processed in Fiscal Year 1973
CPT Robie and Miss Brown
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APPENDIX A
ORGANIZATIONAL ROSTER THE JUDGE ADVOCATE GENERALS SCHOOL
(As of 30 June 1973)
COMMANDANT COL John Jay Douglass
OFFICE OF THE SCHOOL SECRETARY
School Secretary LTC Edward C Seufert Post Judge Advocate and CPT William R Robie
Asst School Secretary Adjutant CPT Richard Lynch Chief Logistics CPT William K Thompson Budget Officer Mr Joseph S White Supply Sergeant SFC Eddie H Green Chief Services Division CPT Arthur R Shepherd Protocol Officer 2LT Richard D Lyles Manager Officers Open Mess SSG Joe Mauldin Librarian Mrs R Vivian Hebert
ACADEMIC DEPARTMENT
Director COL William S Fulton Jr Operations Officer MAJ John W Begiebing Project Officer CPT William S Hopson IV Assistant to Director CPT Thomas E Workman Paralegal Training Officer CW2 Charles L West Educational Advisor Mr John A Sanderson Deputy Director for MAJ James A Endicott Jr
Nonresident Instruction Extension Course Officer CPT Joseph W Hely Jr
Procurement Law Division
Chief MAJ Richard E Mowry Senior Instructor MAJ Terrence E Devlin Instructors CPT Richard C Bruning
CPT Thomas R Wagner
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International amp Comparative Law Division
Chief MAJ James R Coker Senior Instructor MAJ James J McGowan Jr Instructors MAJ Charles A White
CPT David E Graham
Criminal Law Division
Chief LTC Hugh R Overholt Senior Instructor MAJ Paul H Ray Instructors MAJ Nancy A Hunter
MAJ Philip M Suarez MAJ Francis A Gilligan CPT William H Parks USMC CPT Jan Horbaly CPT Edward J Imwinkelried
Civil Law Division
Chief LTC David A Fontanella Senior Instructor MAJ Paul J Rice Instructors MAT Jack F Lane Jr
CPT George W Clarke CPT Bernard R Adams CPT Ronald C Griffin CPT Donald N Zillman
RESERVE AFFAIRS AND SPECIAL PROJECTS
Assistant Commandant for LTC Keith A Wagner Reserve Affairs
JAGC Reserve Components LTC James N McCune Career Management
Training Office
Chief CPT Eldon D Roberts
80
DEVELOPMENT DOCTRINE amp LITERATURE DEPARTMENT
Director Development Officer Professional Liaison Officer
Military Operations Management amp Plans
Chief InstructorProject Officer
Doctrine amp Literature
Chief Editor Military Law Review
LTC John L Costello Jr CPT Royal Daniel III CPT John D Horne
MAJ James R Wessel MAJ William J Dwyer
CPT Stephen L Buescher CPT Miles J Mullin
81
APPENDIX B
BACKGROUND INFORMATION ON OFFICER PERSONNEL
1 Active Duty Personnel (As of 30 June 1973)
COLONEL JOHN JAY DOUGLASS JAGC Commandant AB 1943 University of Nebraska JD 1952 University of Michigan MA 1964 George Washington University LLM 1973 University of Virginia Member of the Bars of Nebraska Michigan Republic of Korea and the US Court of Military Appeals
COLONEL WILLIAM S FULTON JR JAGC Director Academic Department JD 1950 University of New Mexico Member of the Bars of New Mexico US Court of Oaims US Court of Military Appeals and the US Supreme Court
LIEUTENANT COLONEL JOHN L COSTELLO JR JAGC Director Development Doctrine and Literature Department AB 1952 Dickinson College JD 1955 Qickinson School of Law MS 1964 Fletcher School of Law and Diplomacy Member of the Bars of Pennsylvania Republic of Korea and US Court of Military Appeals
LIEUTENANT COLONEL DAVID A FONTANELLA JAGC Chief Civil Law Division BS 1957 University of Connecticut JD 1964 UniversityofMichiganMEd 1973 University of Virginia Member of the Bars of Connecticut the US Court of Military Appeals and the US Supreme Court
LIEUTENANT COLONEL JAMES N McCUNE JAGC Chief Reserve Training BBA 1953 University of Toledo JD 1959 Georgetown University Law School LLM 1963 Georgetown University Law School Member of the Bars of Virginia the US Court of Oaims the US Court of Military Appeals and the US Supreme Court
LIEUTENANT COLONEL HUGH R OVERHOLT JAGC Chief Criminal Law Division BA 1955 JD 1957 University of Arkansas Member of the Bars of Arkansas US Court of Military Appeals and the US Supreme Court
LIEUTENANT COLONEL EDWARD C SEUFERT FA School Secretary BS 1955 University of Maine
LIEUTENANT COLONEL KEITH A WAGNER JAGC Assistant Commandant for Reserve Affairs BA 1954 JD 1964 Duquesne University Member of the Bars of Pennsylvania the District of Columbia US Court of Military Appeals and the US Supreme Court
83
MAJOR JOHN W BEGIEBING Armor Deputy Director Academic Department BS 1957 Norwich University MA 1968 Stanford University
MAJOR JAMES R COKER JAGC Chief International and Comparative Law Division BA 1960 University of Notre Dame LLB 1961 University of Notre Dame MA 1970 Fletcher School of Law and Diplomacy Member of the Bars of Indiana the US Court of Military Appeals and the Federal District Court of Maryland
MAJOR TERRENCE E DEVLIN JAGC Senior Instructor Procurement Law Division BPh 1962 University of North Dakota JD 1965 University of North Dakota School of Law Member of the Bars of North Dakota US Court of Military Appeals US Court of Garms and the US Supreme Court
MAJOR WILLIAM 1 DWYER JR Armor InstructorProject Officer Military Operations Management and Plans BS 1960 The Citadel
MAJOR JAMES A ENDICOTT JR JAGC Deputy Director for Nonresident Instruction Academic Department BS 1960 The Citadel JD 1968 George Washington University Member of the Bars of Virginia the US Court of Military Appeals and the US Supreme Court
MAJOR FRANCIS A GILLIGAN JAGC Instructor Criminal Law Division BA 1961 Alfred University 1D 1964 State University of New York at Buffalo LLM 1970 The George Washington University Member of the Bars of New York the US Court of Military Appeals and the US Supreme Court and admitted to practice before the Court of Appeals State of New York
MAJOR NANCY A HUNTER JAGC Instructor Criminal Law Division AB 1959 University of Colorado JD 1967 Georgetown Law Center Member of the Bars of Virginia the US Court of Military Appeals and the US Supreme Court
MAJOR JACK F LANE JR JAGC Instructor Civil Law Division BA 1963 University of the South LLB 1966 University of Virginia Law School Member of the Bars of Virginia the US Court of Military Appeals and the US Supreme Court
MAJOR JAMES J McGOWAN JAGC Assistant Chief International and Comparative Law Division BS 1959 Spring Hill College LLB 1962 New York Law School LLM 1970 Georgetown University Law School Member of the Bars of New York the US Court of Military Appeals and the US Supreme Court
MAJOR RICHARD E MOWRY JAGC Chief Procurement Law Division AB 1957 College of Emporia LLB 1960 Washburn University Member of the Bars of
84
Kansas the US Court of Claims the US Court of Military Appeals and the US Supreme Court
MAJOR PAUL H RAY JAGC Senior Instructor Criminal Law Division BS 1955 Connecticut State College LLB 1963 Duke University Law School Member of the Bars of North Carolina the US Court of Military Appeals and the US Supreme Court
MAJOR PAUL J RICE JAGC Senior Instructor Civil Law Division AB 1960 JD 1962 University of Missouri LLM 1970 Northwestern University Member of the Bars of Missouri Illinois the US District Court for the Northern District of lllinois USCourt of Military Appeals and the US Supreme Court
MAJOR PHILIP M SUAREZ JAGC Instructor Criminal Law Division AB 1960 Boston College LLB 1963 Harvard Law School LLM 1970 University of Michigan Member of the Bar of Massachusetts
MAJOR JAMES R WESSEL Armor Chief Military Operations Management and Plans BS 1958 United States Military Academy
CAPTAIN BERNARD R ADAMS JAGC Instructor Civil Law Division AB 1966 Brown University LLB 1969 Yale Law School Member of the Bars of New York and the US Court of Military Appeals
CAPTAIN RICHARD C BRUNING JAGC Instructor Procurement Law Division BBA 1965 University of Iowa JD 1968 University of Iowa Member of the Bars of Iowa the US Court of Military Appeals the US Court of Claims and the US Supreme Court
CAPTAIN STEPHEN L BUESCHER JAGC Senior Legal Editor BA 1966middot Allegheny College JD 1969 Case Western Reserve University Member of the Bars of Ohio and the US Court of Military Appeals
CAPTAIN ROYAL DANIEL III JAGC Combat Development Officer BA 1967 Yale University LLB 1970 LLM 1972 University of Virginia Member of the Bars of Virginia and the US Court of Miiitary Appeals
CAPTAIN DAVID E GRAHAM JAGC Instructor International and Comparative Law Division BA 1966 Texas AampM University MA 1968 The George Washington University JD 1971 University of Texas School of Law Member of the Bars of Texas and the US Court of Military Appeals
85
CAPTAIN RONALD C GRIFFIN JAGC Instructor Civil Law Division BS 1965 Hampton Institute JD 1968 Howard University Law School Member of the Bars of the District of Columbia and the US Court of Military Appeals
CAPTAIN JOSEPH W HELY JR JAGC Extension Course Officer BA 1969 Texas AampM JD 1972 St Louis University Member of the Bars of Missouri and the US Court of Military Appeals
CAPTAIN WILLIAM S HOPSON IV JAGC Project Officer Academic Department BA 1966 LLB 1969 the University of Virginia Member of the Bars of the State of Virginia and the US Court of Military Appeals
CAPTAIN JAN HORBALY JAGC Instructor Criminal Law Division BA 1968 1D 1969 Case Western Reserve Member of the Bars of Ohio and the US Court of Military Appeals
CAPTAIN JOHN D HORNE JAGC Professional Liaison Officer BS 196810 1971 University of Tennessee Member of the Bars of Tennessee and the US Court of Military Appeals
CAPTAIN EDWARD J IMWINKELRIED JAGC Instructor Criminal Law Division BA 196710 1969 University of San Francisco Member of the Bars of California and the US Court of Military Appeals
CAPTAIN RICHARD 1 LYNCH AGC Adjutant BS 1967 The Citadel MBA 1972 Florida State University
CAPTAIN MILES 1 MULLIN JAGC Editor Military Law Review Doctrine and Literature Division BA 1967 Texas Christian University JD 1970 St Marys Member of the Bars of Texas and the US Court of Military Appeals
CAPTAIN WILLIAM H PARKS USMC Instructor Criminal Law Division BA 1963 JD 1966 Baylor University Member of the Bars of Texas Washington and the US Supreme Court
CAPTAIN ELDON ROBERTS JAGC Career Management Officer Reserve Affairs BA 1960 JD 1961 University of North Dakota Member of the Bars of North Dakota and the US Court of Military Appeals
CAPTAIN WILLIAM R ROBIE J AGC Assistant School Secretary and Post Judge Advocate BA 1966 1D 1969 Northwestern University Member of the Bars of Illinois the US Court of Military Appeals and the US District Court for the Northern District of Illinois
86
CAPTAIN ARTHUR R SHEPHERD AGC Services Division Coordinator BS 1966 United States Military Academy
CAPTAIN WILLIAM K THOMPSON QMC Chief Logistics BA 1965 Marquette University JD 1968 University of Wisconsin Law School Member of the Bar of Wisconsin
CAPTAIN THOMAS R WAGNER JAGC Instructor Procurement Law Division BS 1967 Bucknell University JD 1970 Temple University Member of the Bars of Pennsylvania and the US Court of Military Appeals
CAPTAIN THOMAS E WORKMAN JAGC Assistant to Director Academic Department BS 1966 Ohio State University JD 1969 Ohio State University College of Law Member of the Bars of Ohio and the US Court of Military Appeals
CAPTAIN DONALD N ZILLMAN Instructor Civil Law Division BS 1966 JD 1969 University of Wisconsin LLM 1973 the University of Virginia Member of the Bars of California Wisconsin and the US Court of Military Appeals
CW2 CHARLES L WEST Paralegal Training Officer Academic Department
87
2 Mobilization Designees
COLONEL DEMETRI M SPIRO JAGC USAR Deputy Commandant AB University of Chicago 1941 JD DePaul University 1948 Private practice of law Chicago Illinois
COLONEL BENJAMIN H SCHLEIDER JAGC USAR Assistant Director Academic Department BS Agricultural and Mechanical College of Texas 1943 JD University of Houston 1950 Private practice of law Houston Texas
LIEUTENANT COLONEL MORRIS B PETERSON JAGC USAR Assistant Chief Civil Law Division BS University of Oklahoma 1949 LLB University of Oklahoma 1952 LLM New York University 1959 Dean of School of Law University of Tulsa School of Law
LIEUTENANT COLONEL DANIEL J MEADOR JAGC USAR Instructor Civil Law Division AB Auburn University 1949 LLB University of Alabama 1951 LLM Harvard University 1954 Professor University of Virginia School of Law
MAJOR JAMES L BLAWIE JAGC USAR Instructor Civil Law Division BA University of Connecticut 1950 AM Boston University 1951 JD University of Chicago Law School 1955 PhD Boston University 195-9 Professor of Law University of Santa Oara School of Law
MAJOR GEORGE KALINSKI JAGC USAR Instructor Civil Law Division AB Wayne State University 1957 JD Wayne State University 1959 LLM Harvard University 1964 Private practice of law Marina Del Rey California
MAJOR FRANCIS J LARKIN JAGC USAR Instructor Civil Law Division BS Holy Cross College 1954 LLB Georgetown University Law Center 1957 LLM Georgetown University Law Center 1958 Professor Boston College Law School
CAPTAIN WALTER T COX JAGC USAR Instructor Civil Law Division BS Oemson University 1964 JD University of South Carolina 1967 Private practice of law Anderson South Carolina
CAPTAIN ROBERT P DAVIDOW JAGC USAR Instructor Civil Law Division AB Dartmouth College 1959 JD University of Michigan 1962 LLM Harvard University 1969 Professor Texas Tech University School of Law
LIEUTENANT COLONEL AARON S CONDON JAGC USAR Assistant Chief Criminal Law Division BA University of Alabama 1950 LLB University of Mississippi 1952 Associate Professor of Law University of Mississippi
LIEUTENANT COLONEL FRANK W ELLIOTT JAGC USAR Instructor Criminal
88
Law Division BA University of Texas 1951 LLB University of Texas 1957 Professor University of Texas at Austin
LIEUTENANT COLONEL EDWARD L MAGILL JAGC USAR Instructor Criminal Law Division BBA University of Miami 1952 JD University of Miami 1957 Private practice of law Miami Florida
LIEUTENANT COLONEL BENJAMIN M WALL JAGC USAR Instructor Criminal Law Division AA and AB Nebraska and Duke Universities 1951 LLB Harvard Law School 1953 Private practice of law Omaha Nebraska
MAJOR CHAPIN D CLARK JAGC USAR Instructor Criminal Law Division AB Kansas University 1952 LLB Kansas University 1954 LLM Columbia University 1959 Professor of Law University of Oregon
MAJOR THEODORE F FAY JR JAGC USAR Instructor Criminal Law Division BA State University of Iowa 1959 JD State University of Iowa 1962 Private practice of law Hugoton Kansas
CAPTAIN THOMAS C MARKS JR JAGC USAR Instructor Criminal Law Division BS Florida State University 1960 LLB Stetson University 1963 PhD University of Florida 1971 Professor Stetson Law School St Petersburg Florida
LIEUTENANT COLONEL PAUL D SUMMERS JR JAGC USAR Instructor International and Comparative Law Division BS U S Military Academy 1951 LLB University of Virginia School of Law 1957 Trust Officer Citizens Bank amp Trust Company Charlottesville Virginia
MAJOR PASCO M BOWMAN JAGC USAR Instructor International and Comparative Law Division BA Bridgewater College 1955 LLB New York University 1958 Dean Wake Forest University School of Law
MAJOR PAUL M GREEN JAGC USAR Instructor International and Comparative Law Division BBA University of Texas 1957 LLB and JD University of Texas 1957 Private practice of law San Antonio Texas
MAJOR FREDERICK GOLDSTEIN JAGC USAR Instructor International and Comparative Law Division BA Yale University LLB University of Virginia 1958 Private practice of law Boston Massachusetts
CAPTAIN JORDAN J PAUST JAGC USAR Instructor International and Comparative Law Division AB University of California 1965 J S University of California 1968 LLM University of Virginia 1972 J SD Candidate Yale Law School New Haven Connecticut
89
CAPTAIN EDWARD F SHERMAN JAGC USAR Instructor International and Comparative Law Division AB Georgetown University 1959 MA (History) University of Texas 1967 MA (English) University of Texas 1967 LLB Harvard 1972 Assistant Professor Indiana University School of Law Bloomington Indiana
LIEUTENANT COLONEL DONALD H HEDGES JAGC USAR Instructor Procurement Law Division BA University of Washington 1950 LLB University of Washington 1954 Attorney U S Department of Commerce Seattle Washington
MAJOR DONALD T WECKSTEIN JAGC USAR Assistant Chief Procurement Law Division BBA University of Wisconsin 1954 LLB University of Texas 1958LLM Yale Law School 1959 Professor San Diego School of Law San Diego California
MAJOR STRATTON R HEATH JAGC USAR Instructor Procurement Law Division BBA University of Wisconsin 1959 JD University of Wisconsin 1961 Attorney Office of Regional Counsel HITCO Denver Colorado
MAJOR JOHN S MILLER III JAGC USAR Instructor Procurement Law Division BA Hamilton College 1959 LLB University of Virginia 1962 LLM National Law Center George Washington University 1970 Attorney Office of General Counsel GSA Washington DC
MAJOR ROBERT L McCLOSKEY JAGC USAR Assistant Chief Special Training Division ~LB Georgetown University Law Center 1954 LLM Georgetown University Law Center 1955 Attorney Appalachian Regional Commission Washington DC
LIEUTENANT COLONEL EDWARD J ATKINS JAGC USAR Assistant Director Developments Doctrine and Literature Department LLB University of Miami 1963 Private practice of law Miami Florida
CAPTAIN DAVID C CUMMINS JAGC USAR Legal Writer Developments Doctrine and Literature Department BS University of Idaho 1957 LLB University of Washington 1960 Professor Texas Tech University Lubbock Texas
CAPTAIN STEPHEN DAVIS JAGC USAR Legal Writer Developments Doctrine and Literature Department BA Dickinson College 1960 LLB Columbia University 1963 Assistant District Attorney Kings County New York
CAPTAIN WINSTON M HAYTHE JAGC USAR Project Officer Office of the School Secretary BS Southwest Missouri State College 1963 JD College of William and Mary 1967 Private practice of law Washington DC
CAPTAIN CHARLES P ROSE JR JAGC USAR Project Officer Office of the School Secretary AB College of William and Mary 1964 JD Western Reserve University 1967 Assistant Professor Wake Forest University School of Law Winston-Salem North Carolina
90
APPENDIX C
ALLIED STUDENTS - FY 1973
LTC Leon O Ridao Philippines 21 st Advanced Class
MAJ Feraidoon Haji-Aboutaleb Tehrani Iran 21 st Advanced Class
Squadron Leader S M Anwar Pakistan Air Force 21 st Advanced Class
MAJ D H D Selwood United Kingdom 66th Basic Course
CPT Husni Salem AI Omari Jordan 66th Basic Course
91
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APPENDIX F
THESIS TOPICS AND SCOPE NOTES 21 st ADVANCED CLASS
CAPTAIN EILEEN M ALBERTSON USMC The Reversion of Okinawa Its Effect on the International Law of Sovereignty Over Territory
This thesis will analyze the principle that sovereignty over territory once recognized is perpetual and absolute until it is contractually agreed otherwise To do this Okinawa will be used as the factual model and four generally recognized principles of international law will provide the legal basis for discussion After setting the factual and legal stage a determination will be made as to Okinawa IS legal status in the international community the significance of that status the effect of the reversion of Okinawa as evidence of the acceptance of the proposed principle as well as its significance as a basis of major precedent in establishing the principle as international law Finally the relevance of the principle and its applicability and enforceability in a present day situation namely the Middle East crisis will be evaluated
SQUADRON LEADER SHEIKH MUHAMMAD ANWAR Pakistan Administration of Justice in the Pakistan Air Force
A brief review of the development of Pakistan is presented as a background for an explanation of the legal system of the Pakistan Air Force Major aspects of criminal legal system are discussed and include the jurisdictional extent of Air Force law over persons for investigation of charges and summary punishments organization structure and procedures of courts-martial and appellate and constitutional rights of service members Based on a comparative analysis of Pakistan and US military laws recommendations for improvements in limited areas of both systems are presented and discussed
CAPTAIN H JERE ARMSTRONG The Right of Confrontation=Then and Now
This article presents a study of the historical development of the Sixth Amendment Right of Confrontation in Federal and Military courts an analysis of seven tests suggested by the courts for determining when there has been a confrontation within the meaning of the Constitution and a consideration of the term actual unavailability as it relates to the admissibility of extrajudicial declarations in trials by court-martial
MAJOR JAMES A BADAMI Servicemens Unions Constitutional Desirable Practical
This paper examines the historical development of labor-management relations in
97
the private and the public sectors in seeking understanding of the basis for proposed servicemen IS unions It discusses the applicability and limitations of First Amendment rights to members of the military illustrated in court cases and administrative regulations A theoretical justification for such unions is based on successful examples from foreign countries aspects of unionism already present in the American military system and the demonstrated need for unions as an effective grievance procedure The conclusion offers guidelines and boundaries for the operation of servicemen IS unions within the military
LIEUTENANT COMMANDER ROBERT C BERKLEY USN Tax Planning and the Middle-Income Military Investor
This thesis presents an examination of present federal laws relating to tax planning for the middle-income military investor The analysis includes suggestions for tax minimizatiori for the military investor in securities and real estate as well as tax advice designed to assist the military investor in his ultimate goal of family security
MAJOR RICHARD S BUCK IV What Privileges Does the King Still Have in the Market Place
The defense of sovereign acts permits the Government to perform general and public acts as opposed to contractual acts and not be financially responsible to its contractors for the consequences of such acts This paper describes the past history of this doctrine and how it is applied today in such areas as minimum wage laws diplomatic affairs military operations excusable delay internal government operations etc Some changes in this doctrine could be made by changes in standard Government contract provisions
CAPTAIN BERNARD ROLLINS CARPENTER Enlistment--A Contract Status or Marriage
An historical approach to determine the legal nature of the enlistment relationship reveals potential issues which may be a basis for substantial litigation The enlistment relationship as an alleged legal contract and potential legal premises resulting therefrom are questioned in light of statutory enactments and court decision Suggested alternatives to the relationship by courts and writers are reviewed and analyzed for legal efficacy A seemingly settled area may become quite controversial as a volunteer Army is realized The purpose of this thesis is to point out potential areas of dispute define the relationship and suggest possible alternatives
CAPTAIN GEORGE W CLARKE Political Activity of Servicemen The Military Hatch Act and the First Amendment
Political activity by members of the armed forces is severely limited by military
98
regulations This regulatory scheme raises fundamental questions regarding the extent to which the First Amendment applies to servicemen the authority for promulgation of the regulations and the underlying reasons asserted to justify the restrictions This thesis attempts to answer those questions
CAPTAIN JAMES P COLEMAN Waiver by Guilty plea
This thesis examines the doctrines of waiver by guilty plea in military law and formulates a tentative rule by which current and future waiver issues may be analyzed In addition possible future developments in this evolving area of litigation are examined with reference to their probable effect upon the current state of the law
MAJOR DAVID B CRAIG Control and Discipline in the United States Army Reserve
This thesis will present an analysis of the procedures available to the US Army Reserve Unit Commander for the control and discipline of his troops to include a determination of unsatisfactory participation involuntary call to active duty administrative reduction and elimination Additionally this thesis will silhouette the present system against the desires and concepts of the modern volunteer Army to produce specific suggestions and recommendations for the future
CAPTAIN JERALD D CROW USMC Emoluments of Military Service as Community Property
The effects of community property law upon military emoluments are little known nor considered by servicemen Military attorneys counseling servicemen contemplating divorce in community property states are usually unfamiliar with community property implications and have no readily available source of information The author has drawn together the bulk of cases from all community property jurisdictions construing military emoluments An analysis is made of major cases problem areas discussed and conclusions presented as to the commun~ty character of each emolument considered Recommendations are made for dealing with possible problem areas
MAJOR LEONARD H DANCHECK Forgotten My Lais US Intervention Occupation and Pacification in Haiti (1915-1920)
This artic1~ is a case study of the causes and background of the 1915 United States intervention in Haiti the subsequent United States occupation of the country the suppression in 1919-1920 of the insurrection that developed in opposition to American control the alleged atrocities committed during the suppression the reaction to the alleged atrocities by the nations press and the investigations of the alleged atrocities by the Navy Marine Corps and the United States Senate
99
CAPTAIN HOWARD C EGGERS The Specificity Required in Military Search Warrants
This thesis discusses the need for a definite description of the place to be searched and the things to be seized in military search warrants It is an attempt to define specificity standards for the use of military magistrates in drafting warrants An analysis of current civilian standards as revealed in federal case law and present military practices in the search area establishes certain guidelines to be followed
CAPTAIN RUSSELL J FONTENOT Development of the Staff Legal Officers Responsibility Under the Law of War
A study of the origins and development of the criminal responsibility of the individual staff legal officer under the law of war consideration is given to both the effects of international law and the municipalized law of war a detailed analysis is made of the substantive international standards announced at Nuennberg and how these standards were applied not only to the lawyer but also to the commander and his other staff officers
CAPTAIN ROBERT M FRAZEE Flag Desecration Symbolic Speech and the Military
To analyze federal law selected state laws and Army regulations concerning flag desecration as it pertains to freedom of speech Emphasis will be placed upon the public and private interests what is meant by desecration of the flag what is a flag within the meaning of these statutes and what are the particular military interests and responsibilities in the enforcement of flag desecration statutes
MAJOR WENDELL R GIDEON Federal Medical Care Recovery Act Methods and Sources of Recovery and the Impact of No-Fault Insurance
This thesis examines the methods and sources of recovery under the Federal Medical Care Recovery Act and recommends ways of increasing their effectiveness In addition an analysis is made as to the impact that no-fault insurance will have upon the recovery program and to recommend ways of solving the problems which no-fault legislation appears to have created to include enactment of National No-Fault Law and amending the Federal Medical Care Recovery Act itself
CAPTAIN DEWEY CABELL GILLEY JR Using Counsel to Make Military Pretrial Procedure More Effective
An examination of what the role of counsel in pretrial procedure in the military should be Specifically when the right of counsel attaches currently and under constitutional standards what the role of counsel is in pretrial procedure in the military and in civilian jurisdictions and what the role of counsel would be in pretrial procedure
100
as changed by Army pilot programs and by proposed amendments to the Uniform Code of Military Justice The thesis recommends utilizing the safeguards of civilian jurisdictions in pretrial procedure in the military in a way which will preserve command responsibility for morale and discipline
CAPTAIN CHARLES H GIUNTINI Motivating the Military Lawyer
The current retention outlook concerning Judge Advocate General officers and the projections regarding the retention problems of the future require critical analysis of all aspects of the management of those serving on active duty in the corps This thesis discusses the concept of job safisfaction in an attempt to provide the Judge Advocate Manager meaningful suggestions concerning the motivation of the military lawyer
CAPTAIN JOHN C GOLDEN III Doctrine of Immunity Regarding Military Personnel and Federal Employees for Official Acts
An examination of personal liability and the doctrine of immunity pertaining to military personnel and other federal employees for tortious conduct arising from official acts with proposals for providing adequate remedies
CAPTAIN ARTHUR G HAESSIG The Soldiers Right to Procedural Due Process The Right to be Heard
An analysis of the enlisted soldiers right to be heard as an element of procedural due process in certain adverse personnel actions In particular an analysis of present Army regulatory procedures and the due process right to be heard in the revocation of security clearances enlisted separation for unfitness and unsuitability enlisted reduction for civil conviction and for inefficiency bars to reenlistment reclassification of the enlisted soldiers Military Occupational Specialty (MOS) and to the extent that the soldiers career is adversely affected by the preceding actions the Armys Qualitative Management Program The analysis examines thes~ procedures in light of current law and proposes a general regulatory change to insure the soldiers right to be meaningfully heard
MAJOR WILLIAM J HEMMER Violation of the Military Superior--Subordinate Relationship is a Crime Isn It
In the midst of vast hue and cry for the civilization of military justice exists a strident count~rvailing assertion that the Armys discipline is goinghas gone to hell in a handbasket because military justice is too civilianized The author undertakes an interdisciplinary examination of a microcosm the application of criminal sanctions to fraternizations by an officer with an enlisted man From this examination conclusions are drawn as to the dilemma of the larger unity
101
CAPTAIN FRANKLIN D HOLDER USMC A Historical Development of Mutiny
A study of the federal and military acts of mutiny with particular emphasis on the historical development of the substantive law and the jurisdictional aspects
MAJOR WAYNE R ISKRA The Right to Privacy in the Military Service
Trace the historical role of the commander to conduct inspects and briefly compare it with the role of the commander in authorizing searches based on probable cause Compare the military case law on the right of the commander to inspect barracks on post housing place of duty and conduct inventories with the recent civilian case law involving inspections by governmental agencies on private homes and businesses Evaluate the VOLAR concept which appears to place emphasis on making military life more attractive to the soldier ie individual rooms in barracks with the need to solve pressing military problems ie drug abuse Attempt to reach some conclusions as to whether the right of the commander to conduct inspections can andor should b~ broadened I intend to utilize military and civilian law review articles legal and nonlegal publications and civilian and military court decisions with special emphasis on US v Biswell 40LW4489 (1972) and US v Grace 42 CMR 11 (1970)
MAJOR THOMAS A KNAPP Problems of Consent in Medical Treatment and Human Experimentation
After a general review of the history and origin of informed consent the thesis concentrates on the nature of consent with emphasis on the consent form inquiry into the emergency doctrine an analysis of the qualified right of an adult to refuse medical care and an examination of informed consent in human experimentation with comment on the Tuskegee Study The author concludes that a revision of consent forms should insure that the individual has given informed consent that the Army Regulation dealing with the refusal of medical care should be revised to comport with civilian standards and a disinterested third party assist in obtaining informed consent in the area of human experience
CAPTAIN WILLIAM J LEHMAN Suffer the Little Children Child Maltreatment in the Military
This paper examines child maltreatment in an historical context and traces the evolution of civilian laws designed to protect maltreated children The existence of child maltreatment in military families is documented and an analysis made of the existing methods for dealing with the problem within the military The problems peculiar to administration of a child welfare system by the military including jurisdiction and available resources are examined in depth Recommendations are advanced for improving the
102
handling of child maltreatment in the military environment
LIEUTENANT COLONEL MARTIN R LOFTUS What is a Custodial Interrogation in
Military Legal Practice
The objective of this thesis is to determine what is a custodial interrogation in military legal practice Analysis includes a determination of when an interrogation becomes custodial examining five possible texts of focus subjective belief of the person being questioned objective belief of the person being questioned subjective intent of arresting officer and whether the person being questioned is objectively or subjectively a suspect In addition an analysis is also made of what is an interrogation examining the areas of spontaneous statements verbal acts searches handwriting and voice identification
MAJOR HALDANE ROBERT MAYER Constitutionality of Commander Authorized Searches and Seizures
This is a study of the evolution of the constitutional mandate that searches be authorized by neutral and detached magistrates and not by officials engaged in the police activities of government The core of the study is an investigation of search authorization practices in military law specifically the Army and a judgment as to their compliance with the Supreme Courts Fourth Amendment requirement of impartiality on the part of the officer who authorizes searches Recommendations for change in the military process conclude the study
CAPT AIN KENNETH M MITCHELL Is Article 117 Unconstitutional Due to Vagueness and Contrary to the First Amendment
This thesis presents a review and analysis Qf past military decisions involving the offense of Article 17 provoking words and gestures with particular emphasis on the question whether Article 17 is unconstitutional due to vagueness and contrary to the protection afforded by the First Amendment
MAJOR CHARLES A MURRAY The Power of the Post Commander to Proscribe Speech and Expression
A study of the power of the post commander to proscribe speech and expression on post with particular emphasis on those powers explicitly set forth by statutes those powers implicit by statutes and regulations and the recent case law with a view towards ascertaining the current legal status of those powers
103
CAPTAIN WILLIAM J NORTON II United States Obligations Under Status of Forces Agreements A New Method of Extradition
This article examines the rights and obligations acquired and undertaken by the United States Government and its Armed Forces under the numerous Status of Forces Agreements concluded by the United States since 1951 to determine whether the United States has any international duty stemming from those agreements to return to foreign states or in effect to extradite individuals who allegedly commit crimes in the foreign state but happen to depart that state before its full criminal processes have been exhausted
CAPTAIN MAURICE J OBRIEN Scanwell-Light at the End of the Tunnel
This article analyzes an unsuccessful bidders entitlement to judicial review of a procurement award It also examines the judicial remedies available to an unsuccessful bidder and the rules and procedures for their application It evaluates the effects and the effectiveness of the judicial relief provided and it concludes with a suggestion for a more appropriate review procedure
CAPTAIN WILLIAM H PARKS USMC Command Responsibility
A comparative analysis of war crimes trials involving command responsibility in order to determine the standards required of a military commander in combat with regard to prevention investigation reporting and prosecution of war crimes Included in this examination will be a view of the criminal responsibility of the com bat commander possible offenses and the question of degree of intent required
CAPTAIN FRANK J PYLE JR Light at the End of the Tunnel-Prison Exile or Amnesty
Beginning with the backdrop of dissent and the end of United States participation in Vietnam the history of amnesty is examined The emphasis is on United States history and the sources of authority for granting amnesty in the United States To focus on todays situation the possible amnesty claimants are examined as well as the forms in which an amnesty might be granted Considerations and arguments for and against granting amnesty are given Possible implementation is examined with a prediction as to the possibility of a post-Vietnam amnesty
CAPTAIN ROYCE C RICH Liability Under the Federal Tort Claims Act During Permanent Change of Station Travel
The purpose of this thesis is to examine the divergent holdings of the various United States Circuit Court of Appeals on the issue of scope of employment under the Federal
104
Tort Claims Act in the case of nilitary personnel during permanent change of station travel An analysis will be made of the factors considered by the courts in their opinions and a comparison will be made with the legislative intent of Congress when it passed the Federal Tort Claims Act Finally appropriate corrective action will be outlined which will help preserve the intent of Congress when it passed this Act
LIEUTENANT COLONEL LEON O RIDAO Republic of the Philippines The Philippine Claims to Internal Waters and Territorial Sea An Appraisal
Who shall control the seas and for what purposes These Professor Schewebel states are the great issues involved in the contemporary worldwide struggle over the content of the law of the sea Nations of the world have been confronted with these issues ever since the great voyages of discoveries and the growth of navies of the States Recent advances in technology have heightened the conflict In view of such technological strides more and more States have found greater need for the exercise of sovereignty or jurisdiction over larger portions of the sea adjacent to their coasts than ever before Asserted interests are diverse and important The result is the rise of so many competing national claims that it may well be said that the present international law of the sea like the sea itself is in perpetual movement it is in a state of upheaval
The Republic of the Philippines consider as part of its national territory all the waters lying within the international treaty limits of the Philippines
It is the purpose of this study to determine the validity under international law of these Philippine claims to its internal waters and territorial sea
CAPTAIN JEROME W SCANLON JR The Scope of a Search Incident to a Lawful Arrest
This thesis presents an analysis of the law of the scope of a search incident to a lawful arrest as developed by the United States Supreme Court and other courts The author develops the rationale used to formulate the rules in the three types of areas which are the subject of such a search-the premises where the arrest took place the vehicle driven or occupied by the accused at the time of arrest and the search of the arrestees person This thesis also outlines the considerations which must be taken into account by the arresting police officers and the prosecuting attorney in order to sustain a particular search
CAPTAIN WILLIAM N SCHNELL The Decline of the Judicial Doctrine of Nonreviewability of Military Decisions Ordering or Denying Discharges
An examination of recent federal court decisions revealing an increased judicial trend to review some administrative proceedings affecting internal matters of the military and maintaining the traditional judicial doctrine of nonreviewability of military discretionary acts
105
CAPTAIN TIMOTHY J SIMMONS The Post Trial
This thesis briefly examines the historical antecedents to the present post trial review It then discusses the present requirements which have been imposed statutorily and judicially Alternative approaches to the present formalized system are discussed and specific recommendations are made to create a more workable post trial review Finally an interim approach is recommended to reduce the problems with the post trial review until statutory changes can be made
MAJOR FERAIDOON H TEHRANI Imperial Iranian Army Comparison of Military and Civilian Criminal Procedures in Iran
This paper examines the criminal proced ures in the military and civilian courts in Iran Where the procedures are similar the military court procedure is discussed otherwise the differences are reviewed and compared in detail
CAPTAIN CHARLES W TRAINOR The Buy American Act An Examination Analysis and Comparison
This study examines the principles of the Buy American Act from its inception through its present application noting those consistencies and inconsistencies with the original legislative intent of the 1933 Act and resultant effect of the Executive Order of 1954 The Act is further compared with the Most Favored Nation IS Gause and the exculpatory paragraphs of the General Agreements on Tariffs and Trade dealing with buy-national policies of its member states The buy-domestic policies of seventeen nations are then set forth distinguishing the United States policy as enumerated in the Act Concluding the study are suggestions for further implementation of the Act making it more responsive to those it was intended to serve
MAJOR CHARLES A WHITE JR Residual Value--Candles and Costs
This paper discusses the problems inherent in the recovery of residual value for United States investments in the Federal Republic of Germany 1963-1973 It details the background of the US operations concerning real estate through the Occupation Period (1945-1955) and into the Contractural Relations Period (1955-1963) The negotiations of the Damages and Residual Value Articles of the Supplementary Agreement is covered in detail The paper encompasses all legal and practical aspects arising under the provisions of Articles 41 and 52 as they pertain to residual value A general world-wide survey of the subject is not included
106
APPENDIX G
GUEST MEMBERS THESIS EVALUATION COMMITTEES 21 st ADVANCED CLASS
Brigadier General Edmund Montgomery USAR Lieutenant Colonel Thomas H Davis
Administrative Law Division OTJAG Colonel R D Michelson
USMC HQ U S Marine Corps Washington D C Professor Robinson O Everett
Duke University Durham North Carolina Dr Thomas H Hunter
UVA Medical School Professor Lawrence Gaughan
Washington amp Lee University School of Law Lieutenant Colonel Wayne E Alley
Judge U S Army Court of Military Review Professor John Ritchie
UVA Law School Major General Kenneth J Hodson
Chief Judge U S Army Court of Military Review Lieutenant Colonel Richard McNealy
Deputy International Affairs Division OTJAG Professor Walter J Wadlington
UVA Law School Mr James Michael
Office of Legal Adviser Department of State Major William G Eckhardt
Litigation Division OTJAG Lieutenant Colonel Ronald M Holdaway
Chief Government Appellate Division OTJAG Professor Richard E Speidel
UVA Law School Professor Carl McFarland
UVA Law School Professor Charles H Whitebread
UV A Law School Mr John Schulz
Editor-in-Chief Military Law Reporter Washington D C Colonel Joseph Van Oeve Jr
Chief Contract Appeals Division OTJAG
107
Colonel William T Rogers Senior Judge U S Army Court of Military Review
Professor James Bond Washington amp Lee University School of Law
Professor Donald Curtis Administrative Assistant Graduate School of Business Administration UVA
Brigadier General Lawrence H Williams Assistant Judge Advocate General for Military Law OTJAG
Mr Philip M Wilson U S Army Claims ServiceFt Meade Maryland
LCDR Thomas R Santfer HQ Department of the Navy Washington D C
Major Frank Stone SOFA Team Chief International Affairs Division OTJAG
Mr Waldemar A Solf Chief International Affairs Division OTJAG
Colonel Alton H Harvey Chief Military Justice Division OTJAG
Lieutenant Colonel Abraham Nemrow (Ret) Clerk Court of Military Review
108
APPENDIX H
21st ADVANCED CLASS GRADUATES
CPT Eileen M Albertson USMC CPT Franklin D Holder USMC SQUAD LDR Sheikh Muhammad Anwar MAJ Wayne R Iskra CPT Henry J Armstrong CPT Henry C Karlson MAJ James A Badami MAJ Thomas A Knapp LCdr Robert C Berkley USN CPT William J Lehman MAJ Richard S Buck IV LTC Martin R Loftus CPT Bernard R Carpenter MAJ Haldane R Mayer CPT George W Clarke CPT Kenneth M Mitchell CPT James P Coleman MAJ Charles A Murray MAJ David B Craig MAJ William J Norton II CPT Jerald D Crow USMC CPT Maurice J OBrien MAJ Leonard H Dancheck CPT William H Parks USMC CPT Howard C Eggers CPT Frank J Pyle Jr CPT Russell J Fontenot CPT Royce C Rich CPT Robert M Frazee LTC Leon O Ridao MAJ Wendell R Gideon CPT Jerome W Scanlon Jr CPT Dewey C Gilley Jr CPT William N Schnell CPT Charles H Giuntini CPT Timothy J Simmons CPT John C Golden III CPT Feraidoon H Tehrani CPT Arthur G Haessig CPT Charles W Trainor MAJ William J Hemmer MAJ Charles A White Jr
109
APPENDIX I
ACADEMIC AWARDS 21 st ADVANCED CLASS
HIGHEST OVERALL CLASS STANDING
Award for Professional Merit -- American Bar Association
CAPTAIN GEORGE W CLARK CAPTAIN HOWARD C EGGERS CAPTAIN HENRY C KARLSON
SECOND HIGHEST OVERALL CLASS STANDING
Award for Professional Merit -- The Judge Advocate Generals School
CAPTAIN DEWEY C GILLEY JR
HIGHEST STANDING IN CIVIL LAW
Award for Distinguished Accomplishment - Judge Advocates Association
CAPTAIN HENRY C KARLSON
HIGHEST STANDING IN CRIMINAL LAW
Judge Paul W Brosman Award -- United States Court of Military Appeals
CAPTAIN HENRY C KARLSON
HIGHEST STANDING IN INTERNATIONAL AND COMPARATIVE LAW
Award for Distinguished Accomplishment - The Judge Advocate Generals School
CAPTAIN HENRY C KARLSON
HIGHEST STANDING IN MILITARY COMMAND AND STAFF
Plaque - Association of the United States Army
CAPTAIN DEWEY C GILLEY JR
III
HIGHEST STANDING IN PROCUREMENT LAW
Award for Distinguished Accomplishment -- The Foundation of the Federal Bar Association
CAPTAIN HOWARD C EGGERS
OUTSTANDING THESIS
Award for Distinguished Scholarship -- The Judge Advocate Generals School
CAPTAIN GEORGE W CLARKE
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APPENDIX J
65th BASIC CLASS GRADUATES
CPT Robert F Apgar CPT Kenneth L Baker LT Robert L Beauregard USCE CPT Paul C Besozzi CPT Burk E Bishop CPT Charles W Boohar J r CPT Mack W Borgen CPT Victor S Carter Jr CPT Michael R Caryl CPT Joseph W Ca~per
CPT Madge K Casper CPT Dayton M Cramer CPT David M Curtis CPT Charles B Dickson MAJ Alfred J Dirska CPT Robert D Doane CPT Terence M Donnelly CPT John E Dorsey LT Winona G Dufford USCG CPT Jerry G Du Terroil CPT David R Dowell CPT Stephen A J Eisenberg LT Robert W Ferguson USCG LT Philip L Font USCG CPT Raymond G Frere CPT John W Fryer CPT John P Halvorsen CPT Patrick K Hargus CPT Dennis E Harrold CPT James R Hill Jr CPT John R Hill CPT Earl T Hilt s LT Franklin D Hoffman Jr USCG LT Francis P Hopkins Jr USCG CPT Harry D Hoskins III
66th BASIC
CPT Thomas B Allen CPT James W Almand
CPT George W House CPT Sammy S Knight CPT Gary J Krump CPT Ralph E Larson CPT Fredric I Lederer CPT Gerald J Leeling CPT David R Lorence CPT John W Lewis CPT John R MacPherson CPT Gary R McSpadden CPT Peter H Mathis CPT Jack H Morgan LT Howard S Myers III USCG CPT Joyce E Plaut CPT Peter K Plaut LT Robert J Reining USCG CPT Nicholas P Retson CPT George D Reynolds CPT Paul A Robblee Jr CPT Stephen H Rovak CPT John G Sauer CPT Lawrence L Severson LT William B Short Jr USCG CPT Dale B Smith CPT Nick J Staihar CPT Lewis R Stark CPT Richard G Stein LT James J Tamulski USCG CPT Thomas N Tromey CPT Vaughan E Taylor CPT Stephen G Varga CPT Dennis J Wing CPT Donn T Wonnell CPT Edward R Ziegler LT Stephen H Zimmerman USCG
CLASS GRADUATES
CPT Richard S Blakely CPT Alexander L Blondeau Jr
113
CPT Paul L LuedtkeCPT Stanley D Brown CPT Robert A McSorley CPT Chester H Budz CPT Ronald J MedarisCPT Richard W Cairns CPT Larry S MerckCPT Barry N Capalbo CPT Donald Morgan CPT John E Caulking CPT Philip E Mullin CPT Peter B Crary CPT Husni Salem Omari Jordanian Army CPT Willis D Cronkhite III CPT Frank T Pandora II CPT Patrick F Crow CPT Jerry R ProthroCPT King K Culp CPT Joseph A RehyanskyCPT James R Dedrick CPT Eldon D RobertsCPT Peter M Desler CPT Robert W SchiveraLT John H Distin USCG CPT John F SchmutzCPT Daniel J Dykstra Jr CPT Gerald A SchroederCPT James S Eakes CPT Paul M ScottCPT Frank B Ecker Jr CPT John R SeeronenCPT Robert D Ganstine CPT Ruurd C SegaarCPT James L Goetz MAJ David HD Selwood British Army CPT Michael H Gottesman CPT Frederic N SmalkinCPT Keith H Harnack CPT Brian K SmithCPT John D Hand CPT Ronald M SmithCPT Joseph W Hely Jr CPT Stephen L SmithCPT Ted B Herbert CPT Shelby L Starling JrCPT James A Hightower Jr CPT Richard T St Clair CPT Paul F Hill CPT Guyton O Terry JrCPT Stephen A Husman CPT Lewis L Thompson JrCPT Joseph P Kulik Jr CPT Harry A Tucker Jr CPT Harry L Lamb Jr CPT Lanny T Winberry CPT Lafayette J Lamb CPT Lawrence E Wzorek CPT Mark R Lindenmeyer
67th BASIC CLASS GRADUATES
CPT Raymond R DeckertCPT George W Bailey Jr CPT Leroy L De NooyerCPT William J Baker CPT John J DioguardiCPT K Reid Berglund CPT Chauncey W Durden III CPT William G Berkson CPT Gregory L EdlefsenCPT John D Billingslea Jr CPT William H EldridgeCPT Jack T Brooks CPT Ray A FarringtonCPT Edward G Bryant CPT Dominic A Femino JrCPT Stephen R Burns CPT Frank T FlanneryCPT Demmon F Canner CPT Cecil G Foster JrCPT Richard A Cefola CPT Charles C FreyerCPT Matthew J Coco CPT William P FugelsoCPT Peter J Curry CPT Russell J GeoffreyCPT Lawrence R Daniels
114
CPT Jerry H Gilbert CPT Daniel R Grills CPT Robert L Guinn CPT Alfred H Juechter Jr CPT Marshall M Kaplan CPT Douglas 1 Kaukl CPT Donald L Ketels Jr CPT Dennis A Klejna CPT Carlos E Lazarus CPT Jerome L Lemberger CPT John J Madden Jr CPT Frank C Marshall Jr CPT John B Martin CPT Carlos G Martinez CPT Everett D Marvin III CPT Roger K Masuda CPT Dale V Matthews CPT Daniel C McCarthy CPT Samuel P Militello CPT Clifford J Moy CPT Paul S Murphy CPT Steven D Needle CPT Charles M Nester CPT John K Northrop
CPT James M Norton CPT Willard E Nyman III CPT Louis F Pine II CPT Robert A Prentice CPT Herbert L Raiche CPT John T Rank CPT Michael G Rice CPT Wayne G Rod CPT James H Rosenblatt CPT Michael L Rudasill CPT James A Rupp CPT Stephen V Saynisch CPT Benjamin H Settle CPT Charles W Sheehan Jr CPT Anthony J Siano CPT Douglas C Smith CPT William L Sossaman CPT Craig L Stevenson CPT Marshall M Sweeney CPT Allan A Toomey CPT Martha J Trudo CPT John K Vreeland CPT Craig M Wilson CPT Eduard T L Zijlstra
68th BASIC CLASS GRADUATES
CPT Richard C Bentley CPT Fay the A Blake CPT John R Bone LT Robert G Bright USCG CPT William 1 Caron CPT Larry G Cecil CPT Ronald L Chapman CPT Hugh E Cherry CPT Michael C Denny CPT Graydon W Dimkoff CPT Ronald E Erickson CPT Ralph J Frick Jr CPT Lester M H Goo CPT Glenn S Hara CPT William C Jaekel CPT Thaddeus J Keefe III
CPT Leslie E LeDoux II CPT Robert A Long Jr CPT William G F Mill er CPT Kenneth E Mitchell LT James D Morgan USCG CPT Robert E Morris CPT Vahan Moushegian Jr CPT Frank R Newett CPT Richard H Nixon CPT James P Ring CPT Conrad J Rybicki CPT Ronald J Shea LT John E Shkor USCG CPT Lawrence A Smith CPT Frank J Wagner Jr CPT Alvern C Weed
115
bull
APPENDIX K
BASIC CLASS ACADEMIC AWARDS
American Bar Association Award for Professional Merit (highest overall academic standing)
CPT Robert F Apgar 65th Basic CPT Lawrence E Wzorek 66th Basic CPT John K Vreeland 67th Basic CPT Robert A Long Jr 68th Basic
Commandants Award for Professional Merit (second highest overall academic standing)
CPT John R MacPherson 65th Basic CPT Frederick N Smalkin 66th Basic CPT John T Rank 67th Basic CPT Glenn S Hara 68th Basic
Judge Paul W Brosman Award United States Court of Military Appeals (highest standing in Criminal law subjects)
CPT Robert F Apgar 65th Basic CPT Gerald J Leeling 65th Basic CPT John R MacPherson 65th Basic CPT Peter K Plaut 65th Basic CPT Dale B Smith 65th Basic CPT James W Almand 66th Basic CPT Frederick N Smalkin 66th Basic CPT Harry A Tucker Jr 66th Basic CPT Lawrence E Wzorek 66th Basic CPT John K Vreeland 67th Basic CPT Robert A Long Jr 68th Basic CPT Frank R Newett 68th Basic
The Foundation of the Federal Bar Association Award for Distinguished Accomplishment (highest standing in Procurement Law subjects)
CPT Charles B Dickson CPT Frederick N Smalkin CPT John J Dioguardi CPT William C Jaekel
65th Basic 66th Basic 67th Basic 68th Basic
117
Judge Advocates Association Award for
CPT Joyce E Plaut CPT James W Almand CPT Paul M Scott CPT Lawrence E Wzorek CPT George W Bailey Jr CPT Hugh E Cherry
Achievement (highest standing in Civil Law)
65th Basic 66th Basic 66th Basic 66th Basic 67th Basic 68th Basic
Association of the United States Army Plaque (highest standing in Phase I)
CPT John R Hill CPT Alexander L Blondeau Jr CPT Willis D Cronkhite CPT John J Dioguardi CPT Ronald L Chapman
65th Basic 66th Basic 66th Basic 67th Basic 68th Basic
118
GUEST
SPEAKER
Mr Roscoe J Ailor Chief Recovery Division U S Army Claims Service Fort Meade Maryland
Professor Richard C Allen Director Institute of Law Psychiatry and Criminology George Washington University
Mr Harry H Almond Jr Senior Attorney-Advisor Office of General Counsel for International Affairs Office of Secretary of Defense
BG Bruce C Babbitt USA Assistant Judge Advocate General for Civil Law
Professor Richard R Baxter Harvard University School of Law
LTC Harry Beavers MC Chief Family Planning Service Walter Reed Medical Center
Colonel Myron Birnbaum USAF U S Air Force Judiciary
Major Ramond K Bluhm U S Army Civil Affairs School Fort Bragg North Carolina
Professor James E Bond School of Law Washington amp Lee University
APPENDIX L
SPEAKERS AND VISITORS
TOPICPURPOSE OF VISIT
Oaims Administration Panel
Examination of a Psychiatrist
The Law of War - Applied to Weapons and Targets
Addressed Opening Exercises of the 54th Procurement Attorneys Course and the Third Procurement Attorneys Advanced Course conducted Advanced Class Seminar
Perspectives on Work Being Done on the Geneva Conventions of 1949
Family Counseling and Family Planning
Armed Services Correctional Program
U S Civil Affairs Current Developments
Internal Conflicts and Common Article 3
119
Captain Michael A Brodie JAGC Litigation Division OTJAG
Captain Clifford D Brooks JAGC Procurement Law Division OTJ AG
Dr Robert Brown Psychiatrist Charlottesville Virginia
Mr Thomas V Bryant Jr Office of the General Counsel Small Business Administration
Mrs Nancy Buc Assistant Director for Consumer
Education Bureau of Consumer Protection Federal Trade Commission
Mr Francis T Buckley Chief Counsel U S Army Missile Command Redstone Arsenal
Hon John A Busterud Deputy Assistant Secretary of Defense Washington D C
Hon J Fred B uzhard t General Counsel Department of Defense
Mr John Carey Partner Coudert Bros Law Firm New York
Major General J S Cheney USAF The Judge Advocate General U S Air Force
Evaluation and Settlement of Suits under the Federal Tort Claims Act and Federal Care Recovery Act The Federal Medical Care Recovery Act
Labor Standards in Government Contracts Special Interest Institutes
Family Law Panel
The 8(a) Subcontracting Program
Consumer Protection Panel
Weapons Systems Acquisition vs Procurement at Post Camp and Station Level
Environmental Quality
Addressed 1972 JAG Conference
Recent Developments in Human Rights
Conducted Advanced Oass Seminar
120
Dr Lawrence E Chermak Funding of Major Acquisitions Counsel for the Comptroller of the Navy Office of the General Counsel Department of the Navy
Colonel Jerry E Connor USAF Chief Legal Assistance Division OTJAG Department of the Air Force
LTC Albert A Covington JAGC Staff Judge Advocate Retraining Brigade Fort Riley Kansas
Mr Richard Cunningham Office of the General Counsel U S Army Corps of Engineers
Mr Gilbert Cuneo Partner Sellers Conner amp Cuneo Washington D C
Mr Overton A Currie Partner Smith Currie amp Hancock Atlanta Georgia
Mr Jerome J Curtis Jr Assistant Professor of Law Marshall-Wythe School of Law College of William and Mary
Hon William H Darden Chief Judge U S Court of Military Appeals
Hon Arno H Denecke Associate Justice Oregon Supreme Court
Mr Edwin Dosek Bureau of Consumer Protection Federal Trade Commission
Current Status and Future Plans for Pilot Legal Services Program
Retraining the Soldier
The Army What the Future Holds The Army An Impact Statement on the Effects of Environmental Law-The Lawyers View
Contractors View of Board of Contract Appeals
Contractors View of Performance Problems of Construction Contracts
Real Estate Transactions
Addressed JAGSO Units
Hearsay Hazards
Consumer Protection Panel
121
Mr Dolf Droge National Security Council Staff The White House
Mr Stanley Dubroff Chief Counsel Electronics Command Fort Monmouth New Jersey
LTC Joseph A Dudzik JAGC Procurement Law Division OTJAG
Hon Robert M Duncan Judge United States Court of Military Appeals
Major William G Eckhardt JAGC Chief Personnel Affairs Branch Litigation Division OTJ AG
Colonel John L Fellows Jr ARM Commanding Officer U S Army Garrison Presidio of San Francisco
Mr Allen Felts Oaims Training Director Eastern Regional Office State Farm Insurance Company
Mr Nicholas A Fidandis Commissioner Federal Mediation amp Conciliation Service
Colonel Zane E Finkelstein JAGC Office Chairman Joint Chiefs of Staff Department of Defense
Mr Lawrence D Gaughan Associate Professor of Law Washington amp Lee University School of Law
An Analysis of the Vietnam Situation
Practical Aspects of Contract Types and Negotiation Procurement EthiQs
Current Developments in Procurement Law
The Military Judge and the Court of Military Appeals
Helping a Commander Control his Installation Relationships Between DA and Department of Justice and Litigation Reports Panel
The Legal Problems of an Installation Commander
Insurance Company View on Claims Settlement
Impasse Mediation
Joint Chiefs of Staff On-Going Agreements
An Outline of the Civil Law System and Doctrine Civil Affairs in Combat The Israeli Experience
122
Captain Norman L Goldberg JAGC Military Personnel Law Team Administrative Law Division OTJAG
Colonel Viviano Gomez Jr JAGC Staff Judge Advocate U S Army Training Center Fort Ord California
Professor Gidon A G Gottlieb School of Law New York University
Captain Kenneth E Gray JAGC Office of the Staff Judge Advocate U S Army Training Center Infantry Fort Dix New Jersey
Air Vice Marshal Eric G Hall Pakistan Embassy Washington D C
Captain Andrew M Harkness JAGC Procurement Law Division OTJ AG
LTC R G Harmer British Embassy Washington D C
Mr Neal Harrison Director Classification Division U S Disciplinary Barracks Fort Leavenworth Kansas
Colonel Alton H Harvey JAGC Chief Criminal Law Division OTJAG
Mr Elliot Harwood Deputy Assistant Director Plans and Policy Office of Director of Defense Research and Development
Contemporary Problems in Personnel Separations
Conducted Advanced Class Seminar
National Implementation of the Laws of War
The Pilot Program-Present and Future
Distinguished Guest at the 21 st Advanced Oass Graduation
Labor Standards in Government Contracts
Liaison Visit
U S Disciplinary Barracks and Army-Air Force Clemency and Parole Board
Law Office Management
Weapons Systems Acquisition
123
LTG Joseph M Heiser Jr USA Deputy Chief of Staff for Logistics
MG Kenneth J Hodson USA Chief U S Army Legal Services Agency
LTG Harris W Hollis USA Chief Office of Reserve Components Department of the Army
Colonel Kenneth A Howard JAGC Chief Trial Judiciary OTJ AG
Captain Fred Huff JAGC Lands Office OTJAG
Hon Hadlai A Hull Assistant Secretary of Army for
Financial Management
Mr Michael R Jetter Internal Revenue Service Richmond Virginia
Mr Robert Johnson Harris Tuck Freasier amp Johnson Richmond Virginia
Mr Nathaniel Jones General Counsel NAACP New York New York
Professor Yale Kamisar School of Law University of Michigan
Professor Delmar Karlen School of Law New York University
Importance of Legal Officers in Logistics
Conducted Advanced Class Seminar 11th Military Judge Course Graduation
Addressed National Guard Conference
Records Reports and Administration Panel Sentencing General and Special Findings
Environment and Law
21 st Advanced Class Graduation Speech
Rent and Price Controls
A Plaintiffs Lawyer Looks at Torts Practice
Task Force on the Administration of Military Justice in the Armed Forces
Second Annual Kenneth J Hodson Lecture in Criminal Law
First Annual Edward H Young Lecture in Military Legal Education
124
Captain Elton J Keeley INF U S Army Civil Affairs School U S Army Institute for
Military Assistance Fort Bragg North Carolina
Colonel William R Kennedy USAF U S Air Force Judiciary
CW2 Dieter P Kohler U S Army Claims Service
Mr L David Korb Deputy Director Office of Labor-Management Relations U S Civil Service Commission
Captain Royce C Lamberth JAGC Litigation Division OTJAG
Hon Francis J Larkin Third District Court Milford Massachusetts
LTC Edward A Lassiter JAGC Assistant Chief Military Justice Division OTJAG
Mr Shao-chuan Leng Professor of Government and
Foreign Affairs University of Virginia
Captain Morris 1 Lent JAGC Deputy Staff Judge Advocate U S Army Engineer Center Fort Belvoir Virginia
Mr William Lessin Office of Directorate for Personnel
and Community Activities Fort Belvoir Virginia
U S Civil Affairs Orientation
Records Reports and Adninistration Panel
Claims Administration Panel
The Federal Labor-Management Relations Program Today
Military Personnel Law Litigation
Judicial Technique and Administration
Current OTJAG Military Justice Policies and Projects
Communist Law--Chinese Legal Principles
Legal Services Center Concept
Budgeting for a JA Office
125
Professor Richard B Lillich School of Law University of Virginia
Mr Ronald E Lunstrum Senior Corrections Specialist Department of the Navy
Major Eric Mackintosh Staff Officer MASSTER Project Fort Hood Texas
BG Clyde R Mann USMC Director Judge Advocate Division U S Marine Corps Washington D C
Dr Theodore C Marrs Deputy Assistant Secretary of Defense
for Reserve Affairs DOD Washington D C
Professor Daniel J Meador James Monroe Professor of Law University of Virginia
Mr Wayland Medley Technical Staff Economic Stabilization Board Internal Revenue Service Richmond Virginia
Mr Robert W Meserve President American Bar Association
Mr Travis Mills Assistant General Counsel U S Civil Service Commission
Humanitarian Intervention
Armed Services Correctional Program
Project MASSTER Orientation
Distinguished Guest at 21 st Advanced Class Graduation
Addressed JAG Reserve Conference
Discovery under the Federal Rules of Civil Procedure
Rent and Price Controls
Orientation Visit
The Role of the Government Attorney in the Civilian Personnel Process
126
Mr John Norton Moore Counselor on International Law Office of the Legal Advisor Department of State
Mr Anthony L Mondello General Counsel U S Civil Service Commission Washington D C
Hon Robert Morgan Attorney General North Carolina
LTC James A Mounts JAGC Chief Personnel Claims Division U S Army Claims Service
Professor Gerhard OW Mueller School of Law Criminal Law Education and
Research Center New York University
Hon Tim Murphy Judge of the Superior Court of the District of Columbia
Colonel Abraham Nemrow AUS (Ret) Clerk of the Army Court of
Military Review U S Army Judiciary
LTC James E Noble JAGC Chief Patents Division OTJAG
LTC Matthew B ODonnell JAGC Defense Appellate Division OTJAG
Colonel Oliver E 0 Kier MPC Commandant U S Disciplinary Barracks Fort Leavenworth Kansas
The Use of Force in U S Foreign Policy
Civil Service Commission
Addressed JAG Conference
Personnel Claims Act A Modern Approach
Alternatives to Imprisonment
The Sentencing Function of the Trial Judge
Pretrial Advice and Common Errors Post Trial Review and Common Errors Administrative Errors in Records of Trial
Patents and Technical Data
Military Justice and Race Relations
Corrections and Rehabilitation in the Army Panel
127
MG Harold E Parker USA The Assistant Judge Advocate General
Major Theodore B Paterson U S Army Correctional Training
Facility Fort Riley Kansas
Captain B Raymond Perkins USNR Officer in Charge U S Navy-Marine Corps Judiciary
Activity OTJ AG Department of the Navy
Mr C Norman Poirier Deputy General Counsel Commission on Government
Procurement
Mr Herman L Pollock Executive Director Public Defender Project Supreme Court of Pennsylvania
Mr S J Pomrenze Chief Office Management Division Administrative Services Directorate OT AG Department of the Army
LTC Robert W Poydasheff JAGC Chief Civilian Personnel Law Division OTJ AG
MG George S Prugh USA The Judge Advocate General Department of the Army
Mr Rouhollah K Ramazani Professor of Government and
Foreign Affairs University of Virginia
Addressed Graduation Exercises of the 65th 66th 67th and 68th Basic Classes Conducted Advanced Class Seminar
Armed Services Correctional Program
Records Reports and Administration Panel Relationship of Counsel Decorum and Judicial Responsibilities
Government Procurement Commission Report
Functions of Defense Counsel
The Current and Future Status of the Army Records Management Program
Civilian Personnel Law and Labor-Management Relations
Conducted Advanced Class Seminar
Traditional Law and Foreign Influences in the Islamic World
128
MG Lloyd B Ramsey USA The Provost Marshal General
LTC Philip N Reed INF U S Army Civil Affairs School U S Army Institute for
Military Assistance Fort Bragg North Carolina
RADM Horace B Robertson Jr JAGC USN
Deputy Judge Advocate General of the Navy
Captain John H Rodgers JAGC Office of the Staff Judge Advocate Office of the Surgeon General
Mr Joseph H Rouse U S Army Claims Service
Dr Jesse G Rub in President Psychiatric Institute Foundation Washington D C
Professor Helmut Rumpf Office of the Legal Advisor Foreign Office Federal Republic of Germany
Captain Nicholas Sabalos USN Office of the Director J oint Staff Joint Chiefs of Staff
Mr Harry M Saragovitz Assistant General Counsel Army Materiel Command
Mr Arpiar Saund ers Attorney National Prison Project Washington D C
Addressed the 21st Advanced Class
U S Civil Affairs Orientation
U S Navy Military Judge
Family Planning Panel
Federal Tort Claims Act Injury Evaluation
Psychiatric Evaluations
Mutual Collective Security of United States and Germany
Joint Chiefs of Staff On-Going Agreements Military Implementation of the Law of War
Weapons Systems Acquisition and Technical Data
Prisoners I Rights
129
Mr John Schulz Editor-in -Chief Military Law Reporter The Public Law Education Institute Washington D C
Major David H D Selwood Deputy Assistant Director of
Army Legal Services Ministry of Defence United Kingdom
Mr Thomas Sheck ells Manager of Federal Agreements Environmental Protection Agency
Mr Paul Shnitzer Office of the Comptroller General
Colonel James E Simon JAGC Staff Judge Advocate U S Army Training Center Fort Dix New Jersey
Mr Curtis Smothers Acting Deputy Assistant Secretary
of Defense for Equal Opportunity
Mr Richard C Solibakke Chairman Armed Services Board of
Contract Appeals Department of Defense
Mrs Goody L Solomon Executive Editor Office of Consumer Services Department of Health Education
and Welfare
Outsiders View of Military Litigation
Northern Ireland Situation
Environmental Law
Problems in Award of Negotiated Contracts
Conducted Advanced Class Seminar
Race Relations Consideration of onshygoing Defense and Army Educational Programs to Improve Race Relations and the use of Off-Post sanctions in CONUS and Overseas
Contract Claims and Litigation Boards of Contract Appeals
Consumer Protection Panel
130
Mr Michael R Sonnenreich Deputy Chief Counsel Bureau of Narcotics and Dangerous Drugs Department of Justice
Mr William H Speck Associate Counsel Naval Facilities Engineering Command
Mr Richard E Speidel Henry L and Grace Doherty
Professor of Law University of Virginia
RADM Merlin H Staring USN The Judge Advocate General U S Navy
Mr Jack Stempler General Counsel Department of the Air Force
Major Frank Stone International Affairs Division OTJAG
Mr John H Sud a Assistant Corporation Counsel Government of the
District of Columbia
Mr Paul Summers Trust Officer Citizens Bank amp Trust Company Charlottesville Virginia
Major William K Suter JAGC Assistant for Plans Personnel Plans amp Training Office OTJAG
Colonel Warren L Taylor JAGC SJ A Fifth United States Army Fort Sam Houston Texas
Drug Abuse Control
The Governments Perspective Concerning Construction Contract Performance Problems
Role of the GAO in the Bid Protest Procedure
Cond ucted Ad vanced Gass Seminar
Orientation Visit
The Status of Military Forces in Japan Korea and Germany
Motion Practice under the Federal Rules of Civil Proced ure
Investment Counseling
Plans Programs and Training
Conducted Advanced Class Seminar
131
Colonel Joseph N Tenhet Jr JAGC Special Assistant to TJAG OTJAG
Mr Charles Terry Attorney at Law Morristown Tennessee
LTC James F Thornton Jr JAGC Staff Judge Advocate U S Army Garrison Fort Campbell Kentucky
Rev David Turner Pastor St Marks Lutheran Church Charlottesville Virginia
Dean George A Van Hoomissen National College of District Attorneys University of Houston
Mr Paul B Walter School of Law University of Virginia
Captain John Whalen JAGC U S Army Claims Service
Colonel Frederick Bernays Wiener AUS (Ret)
Washington D C
BG Lawrence H Williams USA Assistant Judge Advocate General
for Military Law
Mr Raymond 1 Williams Executive Secretary Army Board for Correction of
Military Records
Final J A Operations in Vietnam
Anatomy of a Trial
Conducted Advanced Class Seminar
Family Law Panel
Functions of Prosecution
Understanding your Client
Federal Tort Claims Act Injury Evaluation
Some Historical Aspects of Military Law
Conducted Advanced Class Seminar
Policies and Procedures of the Army Board for the Correction of Military Records
132
Colonel Wade H Williamson JAGC Chief Administrative Law Division OTJAG
Mr Adelbert K Wnorowski Raphael amp Wnorowski Amsterdam New York
Dr Nathan Wolkomir President National Federation of Federal Employees
Colonel John A Zalonis JAGC Chief Legal Assistance Office OTJAG
Current Problems in the Personnel Area
Grievances and Arbitration
Union Viewpoint of the Federal Labor-Management Relations Program
Update on Current Status and Future Plans for the Pilot Legal Services Program
133
APPENDIX M
ARTICLES BY STAFF AND FACULTY MEMBERS
Colonel John Jay Douglass High Command Case A Study in Staff and Command Responsibility The International Lawyer Vol 6 No4 (Oct 1972)
Lieutenant Colonel John L Costello Book Review Great Court-Martials 59 Military Law Review 233 (1973)
Major James R Coker Book Review The International Law of Civil War 59 Military Law Review 239 (1973)
Major James R Coker Book Review The Death of the Army-A Pre-Mortem Fordham Law Review
Major James R Coker The Status of Visiting Military Forces in Europe A Treatise on International Criminal Law (Bassiouni amp Nanda Ed) Vol II (CCThomas Illinois 1973)
Major James A Endicott Jr New Approach to Military Law Instruction 738 Army ROTC Education Commentary lA (1973)
Major James A Endicott Jr Decision Making and the Court-Martial Cases 45 The Judge Advocate Journal (1973)
Major James A Endicott Jr Claims Against the United States 9 Law Notes 17 (1972)
Major Francis A Gilligan Issues Raised by Military Warrants The Army Lawyer Vol 2 No 8 (August 1972)
Major Francis A Gilligan Inspections The Army Lawyer Vol 2 No 11 (November 1972)
Major Francis A Gilligan Eyewitness Identification 58 Military Law Review 183 (1972)
Major Francis A Gilligan Probable Cause and the Informer 60 Military Law Review 1 (1973)
Major J J McGowan Sr SJA Spotlight--Iran The Army Lawyer Vol 2 No 10 (Oct 1972)
135
Major Paul Jackson Rice Military Dissent The Army Lawyer Vol 3 No2 (Feb 1973)
Captain Bernard R Adams Eminent Domain Police Power and Urban Renewal Compensation for Interim Depreciation in Land Values 7 Georgia Law Review 226 (Winter 1973)
Captain Stephen L Buescher The Court of Military Appeals A Survey 59 Military Law Review 129 (1973)
Captain Edward J Imwinkelried The New Federal Rules of Evidence The Army Lawyer Vol 3 No4 (April 1973)
Captain Edward J Imwinkelried The New Federal Rules of Evidence Part II The Army Lawyer Vol 3 No5 (May 1973)
Captain Jack F Lane Jr The Undesirable Discharge--Administrative Tool or Back-Door Court Army Vol 22 No 11 (Nov 1972)
Captain Jack F Lane Jr Classification Promotion and Racial Discrimination The Army Lawyer Vol 3 No5 (May 1973)
Captain Jordan 1 Paust My Laiand Vietnam Norms Myths and Leader Responsibility 57 Military Law Review 99 (1972)
Captain Jordan 1 Paust Law in a Guerrilla Conflict Myths Norms and Human Rights III Israel Yearbook
Captain Jordan J Paust The Nuclear Decision in WWII Trumans Ending and Avoidance of War International Lawyer (1974)
Captain Jordan 1 Paust Comment on Command Responsibility 25 Naval War College Review (Jan-Feb 1973)
Captain Jordan J Paust Human Rights Human Relations and Overseas Command The Army Lawyer Vol 3 No I (Jan 1973)
Captain Donald N Zillman In-Service Conscientious Objection 10 San Diego Law Review (1973)
Captain Donald N Zillman The Court of Military Appeals A Survey 59 Military Law Review 129 (1973)
136
Captain Donald N Zillman Armed Services the 5th Circuit 21 Mercer Law Review (1972)
Captain Donald N Zillman Recent Development Environmental Law 57 Military Law Review 203 (1972)
Captain Donald N Zillman Involuntary Activation of Reservists The Army Lawyer Vol 2 No 10 (Oct 1972)
137
APPENDIX N
VISITS TO RESERVE UNITS - FY 1973
I JAG DETACHMENTS
9th Cleveland Ohio 7 Feb 1973 213th Atlanta Georgia 17 Feb 1973 155th 42d Pitt sburgh Pennsylvania 19 Feb 1973 153 157th Philadelphia Pennsylvania 20 Feb 1973 10th Washington D C 21 Feb 1973 3d Boston Massachusetts 22 Feb 1973 12th Columbia South Carolina 23 Feb 1973 78th Los Angeles California 27 Feb 1973 20th Dallas Texas 28 Feb 1973 173d Birmingham Alabama 2 Mar 1973 8th Kansas City Kansas 5 Mar 1973 139th Cincinnati Ohio 6 Mar 1973 148th Columbus Ohio 7 Mar 1973 4th New York New York 8 Mar 1973 7th Chicago Illinois 10 Mar 1973 81 st San Diego California 14 Apr 1973 I 20th Denver Colorado 28 Apr 1973 2d New Orleans Louisiana 30 Apr 1973 9th Cleveland Ohio I May 1973 106th Detroit Michigan 2 May 1973 162d Richmond Virginia 6 May 1973
II USAR SCHOOLS
(Visits required by Annex AL CON Reg 350-1)
Richmond USAR School 29 May 1973 Norfolk USAR School 19 May 1973
139
III J1l
Miami USJR School Phase II BOJC
South Charleston USJR School
Seattle USJR School 99th JJG Detachment l62d JJG Detachment
121 st JJG Detachment 20th JJG Detachment 2l0th JJG Detachment
89th JJG Detachment l73d JJG Detachment l55th JJG Detachment
35th JJG Detachment
Livonia USJR School
Hattiesburg Mississippi
Fort Ritchie Maryland
Reno Nevada Joliet Msenal Illinois HQ Electronics Command
Fort Monmouth N J Redstone Msenal Jlabama Rock Island Jrsenal Illinois White Sands Missile Range
New Mexico Fort Huachuca Mizona Huntsville Jlabama MllMllS Brooklyn and MllMllS
Bayonne llerminal Jviation Systems Command
St Louis Missouri DePere Wisconsin
18-20 Jul 1972
6-7 Jug 1972
8-9 Jug 1972 18 Jan 1973 7-8 Mar 1973
25 Jpr 1973 7 May 1973 16 May 1973
17 May 1973 18 May 1973 21-22 May 1973
7-8 Jun 1973
17-18 Jun 1973
140
APPENDIX 0
LECTURES GIVEN OUTSIDE TJAGSA
COL John Jay Douglass Chaplains School Fort Hamilton New York
COL John Jay Douglass Fort Gordon Georgia
COL John Jay Douglass Richmond Virginia Chapter of The Military Order of the World Wars
COL John Jay Douglass Defense Information School Fort Benjamin Harrison Ind
COL John Jay Douglass Finance School Fort Benjamin Harrison Ind
COL John Jay Douglass Naval Justice Seminar Coronado Beach California
COL John Jay Douglass Sergeants Major Academy Fort Bliss Texas
LTC David A Fontanella Ft McClellan Alabama
LTC David A Fontanella Ft Benning Georgia
LTC David A Fontanella Ft Rucker Alabama
FISCAL YEAR 1973
Civil Law Problems and the Chaplain
Presented Opening Remarks to Phase 1shy67th Basic Class
Military Law Today
The Serviceman and the Bill of Rights
Current Developments in Military Law
TJ AGSA and the Training of J AGC Reserves
Military Justice
Civil Law Update
Civil Law Update
Civil Law Update
141
LTC David A Fontanella Army and Air Force Senior ROTC Gasses University of Virginia Charlottesville Virginia
LTC David A Fontanella Chaplains School Ft Hamilton New York
LTC David A Fontanella U S Army War College Carlisle Barracks Pa
LTC David A Fontanella U S Army War College Carlisle Barracks Pa
LTC David A Fontanella U S Army War College Carlisle Barracks Pa
LTC David A Fontanella U S Army War College Carlisle Barracks Pa
MAJ James R Coker Fort Lee Virginia
MAJ James R Coker Fort Bragg North Carolina
MAJ James R Coker USAIMA Fort Bragg North Carolina
MAJ James R Coker Staunton Military Academy Staunton Virginia
MAJ James R Coker Valley Forge Pennsylvania
Military Personnel Law
Military Personnel Law
Challenges to Command
Military Personnel Law
Gairns and Litigation
Challenges to Command
The Law of War in Modern Armed Conflict
The MAAG Mission and the Law of War
Law of War and CivilMilitary Operations
Introduction to the Laws of WaI
The Rule of Law in Warfare
142
MAJ Francis A Gilligan Army War College Carlisle Barracks Pa
Constitutional Rights and Article 15
MAJ Nancy A Hunter Hofstra University and Law School Hempstead New York
bull Women in the Military
MAJ Jack F Lane Jr Army and Air Force Senior ROTC Classes University of Virginia Charlo ttesviIle Virginia
Boards of Officers and Administrative Law
MAJ James J McGowan Fort Eustis Virginia
Law of Modern Armed Conflict
MAJ Fort
James 1 McGowan Eustis Virginia
The Law of War in Modern Armed Conflict
MAJ Paul J Rice Washburn University of Topeka School of Law Topeka Kansas
JAGC Orientation
MAJ Paul J Rice University of Kansas School of Law Lawrence Kanssa
JAGC Orientation
MAJ Paul J Rice University of MissourishyKansas City School of Law Kansas City Missouri
JAGC Orientation
MAJ Paul 1 Rice University of Missouri-shyColumbia School of Law Columbia Missouri
JAGC Orientation
MAJ Paul J Rice St Louis University School of Law St Louis Missouri
JAGC Orientation
143
MAJ Paul J Rice Washington University School of Law St Louis Missouri
MAJ Paul J Rice Pre-Law Advisors from the State of Virginia University of Virginia Charlottesville Virginia
MAJ Paul J Rice U S Army War College Carlisle Barracks Pa
CPT Bernard R Adams Army Reserve Unit Cherry Avenue Charlottesville Virginia
CPT Ronald C Griffin Rutgers University Camden New Jersey
CPT Ronald C Griffin University of Oregon Eugene Oregon
CPT Jan Horbaly Army ROTC University of Virginia Charlottesville Virginia
CPT Jan Horbaly Reserve CampGS Training Charlottesville Virginia
CPT Edward J Imwinkelried Army ROTC University of Virginia Charlottesville Virginia
CPT W H Parks USMC NROTC University of Virginia Charlottesville Virginia
JAGC Orientation
Career Opportunities in the JAG Corps
Military Installations and the Authority of the Commander
Drug Abuse Control
Civil Rights in the Military
Consumer Protection The Soldiers and Sailors Civil Relief Act
Introduction to Military Justice
Introduction to Military Justice
Article 15
Introduction to Military Justice
144
FOREWORD
The Staff and Faculty of The Judge Advocate Generals School may justly look back upon 1972-73 as a year of outstanding accomplislunent and more importantly a year during which the School prepared for even greater growth and achievement
The reorganization of the Army resulted in the assignment to the School of the development and doctrinal missions of the Combat Developments Command Judge Advocate Agency thus consolidating all such endeavors under one command The School reorganized to incorporate this new function and the opportunity was taken at that time to modernize the entire organizational structure to make it more rational and more responsive to the requirements of the missions of the School
A second new mission given to the School was that of greater participation in the training of Judge Advocate Generals Corps Reserve Component personnel This program will go into effect in the coming academic year and is designed to insure a One Army approach to Judge Advocate education
Having long advocated the joint-service concept of military legal education the School this year undertook significant steps towards its attainment
For many years the facilities of the School have been inadequate With the increasing number of courses being offered and more persons than ever before desiring to attend them the School has been required to utilize additional facilities of the University and the civilian community Significant steps were taken this year to alleviate this situation Plans for the new school building were completed the ground was broken and construction has begun
As we enter into the post-war era the need for more informed and better educated judge advocates has not decreased We look forward to the challenge of educating military lawyers by continuing to build upon the strengths of past accomplishments
~A~UGL Colonel ~~2 Commandant
ANNUAL REPORT Fiscal Year 1973
TABLE OF CONTENTS
FOREWORD
CHAPTER I ADMINISTRATION AND ORGANIZATION
Section 1 History of The Judge Advocate Generals School 1 Section 2 Office of the Commandant 3 Section 3 Reorganization of the School 5 Section 4 Board of Visitors 7 Section 5 Allied Officer Program 11 Section 6 Interagency Education 15
CHAPTER II ACADEMIC DEPARTMENT 17
Section 1 Function and Organization 17 Section 2 Judge Advocate Officer Advanced Course 21 Section 3 Judge Advocate Officer Basic Course 31 Section 4 Resident Continuing Legal Education Courses 35 Section 5 Nonresident Instruction 39 Section 6 Paraprofessional Courses 41
CHAPTER III CONFERENCES VISITORS AND SEMINARS 45
Section 1 JAG Conference 45 Section 2 Judge Advocate Generals Reserve Conference 47 Section 3 National Guard Judge Advocate Generals Conference 49 Section 4 Speakers and Visitors 51 Section 5 Race Relations Seminar 55
CHAPTER IV DEVELOPMENT DOCTRINE AND LITERATURE 57
CHAPTER V PUBLICATIONS 59
CHAPTER VI RESERVE AFFAIRS 61
CHAPTER VII PROFESSIONAL ORGANIZATIONS AND 65 DEVELOPMENT
CHAPTER VIII BUILDINGS AND SUPPORT ACTIVITIES 71
Section 1 Buildings 71 Section 2 Support Activities 73
iii
APPENDICES
A Organizational Roster of School
B Background Information on Officer Personnel
C Allied Officer Students
D Courses Conducted (Fiscal Year 1973)
E Courses Scheduled (Fiscal Year 1974)
F Thesis Topics and Scope Notes 21 st Advanced
G Guest Members Thesis Evaluation Committees 21st Advanced Class
H Graduates 21st Advanced Class
I Academic Awards 21 st Advanced Class
J Basic Class Graduates
K Basic Class Academic Awards
L Guest Speakers and Visitors
M Articles by Faculty Members
N Visits to Reserve Units
O Lectures Given Outside TJAGSA
Class
79
83
91
93
95
97
107
109
111
113
117
119
135
139
141
iv
CHAPTER I
ADMINISTRATION AND ORGANIZATION
Section I
History of The Judge Advocate Generals School
Judge advocates have served the United States Army since 1775 but no effort was made to provide them with formal training in military law until the opening days of World War II
The Home of the Military Lawyer began on a temporary basis in February 1942 at the National University Law School (now part of the National Law Center of the George Washington University) Washington DC In August 1942 operations were transferred to the University of Michigan Law School in Ann Arbor where Colonel Edward H Young J AGC was the Commandant In the following months hundreds of officers were trained at Ann Arbor and by June 1944 over two-thirds of the active duty strength of the Judge
UllilJcrsity uf AliclziJan Law School
Advocate Generals Corps were graduates of the School Colonel Reginald C Miller JAGC became the Commandant in December 1944 The end of the war substantially reduced the need for trained military lawyers and in 1946 the School was deactivated
A 1946 study on the administration of military justice recommended that provisions be made for the training of Army lawyers in military law and plans were soon being prepared in the Office of The Judge Advocate General to implement the recommendation The passage of the Uniform Code of Military Justice and the Korean conflict accentuated the need for judge advocate training facilities As a consequence The Judge Advocate Generals School was activated at another temporary training facility at Fort Myer Virginia again under the guidance of Colonel Young Approximately 200 officers attended several five-week courses in basic military law taught by five officer-instructors
By this time the decision had been made to establish The Judge Advocate Generals School as a permanent branch service school It was decided to locate the School within 200 miles of Washington but sites as far away as Fort Crockett Texas and Fort Rodman Massachusetts had been considered In the spring of 1951 a survey was made of the facilities offered by the University of Virginia and on 2 August 1951 the present Judge Advocate Generals School was established on the Grounds of the University of Virginia
Previous Commandants
Colonel Charles L Decker 2 August 1951-14 June 1955
Colonel Nathaniel B Rieger 15 June 1955--1 March 1957
Colonel John G OBrien 1 March 1957--13 May 1961
Colonel John FT Murray 1 July 1961-31 December 1964
Colonel John W Burtchaell 1 January 1965--30 June 1966
Colonel Lewis F Shull 25 July 1966-3 September 1967
Colonel Kenneth C Crawford 3 September 1967-1 June 1970
COL Edward H Young JACC
2
Section 2
Office of the Commandant
The Commandant is the Commander of The Judge Advocate Generals School
U S Army a field oper~lting agency of the Office of the Judge Adv0Cltc Gencnl He
is responsible for the accomplishment of the mission of the School which includes the
personnel and logistic support functions undertaken at the School by assigned personnel
The Commandant exercises special court-martial jurisdiction He is in effect a law school dean a post commander a law book editor and publisher a research director and the
career management ~lIId training officer for all JAGC reservists
During the year the Schools second academic chair was established in honor of
the first Commandant of The Judge Advocate Generals School who served as such during
both World War II and the Korean conflict The Colonel Edward H Ham Young Chair
C()L bzlau H YOInu ([Smiddotl f~ct i
slwakillg dt (cdicution cercllOnics for tlC LcUdrd H Hmz YOIng ClUlir of Iilitdrv poundo((u ilcation
3
of Military Legal Education is occupied by Colonel John Jay Douglass Commandant of the School Each honorary chair established at the School is associated with an annual lecture of the same name the first Edward H Young lecture was presented by Delmar Karlen of the Institute of Judicial Administration New York
Prof Delmar Karlen
COL Douglass and Mrs Towsey
4
Section 3
Reorganization of the School
In February 1973 the School underwent its first major reorganization since 1956 While this coincided with a major Army reorganization the main purpose of the School reorganization was to divide School missions along functional lines among the various departments Highlights of the reorganizations are
(I) Office of the Commandant The new position of Assistant Commandant for Reserve Affairs and Special Projects was created to provide policy control for the JAGC Reserve program on behalf of The Judge Advocate General of the Army Responsibilities include training management for J AGC units personnel management at the Department of the Army level and coordination of the training of individual JAGC Reserve component members This office replaces and expands on the former Reserve Affairs Department with certain operating functions transferred to the Academic Department
(2) Academic Department The Academic Department retains its former functions with the addition of an Office of Nonresident Instruction The Office of Nonresident Instruction oversees on behalf of the Director the Schools responsibilities for U S Army Reserve Schools correspondence courses ROTC instructional materials military law instruction at other service schools instruction in military law in Army units and the newly assigned mission on-site instruction for J AGC officers in Reserve component units The current faculty augmented by six new members will present the on-site instruction
(3) Development Doctrine and Literature Department This Department performs the newly assigned combat development mission (acquired upon the abolition of the Judge Advocate Agency Combat Developments Command) and continues certain functions of the former Plans and Publications Department Included in the mission of the new Department is the publication of the Military Law Review The Army Lawyer and the Judge Advocate Legal Service Two new positions were created for Combat Development and for Professional Development and Liaison The latter position has the responsibility for liaison with the American Bar Association the Federal Bar Association the Judge Advocates Association and other bar goups throughout the United States
(4) Office of the School Secretary All administrative and logistical support functions have been placed in the Office of the School Secretary In addition to the existing functions of personnel management (Adjutant) services and logistics there has been added
5
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Section 4
Board of Visitors
A Board of Visitors has been appointed pursuant to Executive Order No 11007 and AR 15-1 to insure that the high standards of the School are maintained and to assist in the determination of areas requiring improvement The Board composed of leading civilian practitioners and legal ed Llcators examines the varied operations of the School and sums up its findings with criticisms and recommendations in a report submitted at the end of its inspection During the past year Colonel Van Benschoten was made an honorary member of the Board and Mr Richard E Wiley was appointed as a regular member
The Board met as a group from 10 to 13 April 1973 and re-elected Colonel Deutsch as its Chairman Colonel Deutsch Colonel Van Benschoten Colonel Finger Professor McDougal Professor Reed and Commissioner Wiley were present and undertook an inspection of the School Colonel Benjamin HO Schleider Jr J AGC USAR an attorney in Houston Texas served as the Recorder
Briefing of Board of Visitors
7
Eberhard P Deutsch Attorney at Law arid senior partner of the law firm of Deutsch Kerrigan and Stiles New Orleans Louisiana Editor-in-Chief of the American Bar Association publication The International Lawyer Colonel United States Army Reserve (Retired) and Civilian Aide to the Secretary of the Army from Louisiana
John H Finger Attorney (It Law San Francisco Califorllia and senior partner of the law finn of Finger Brown and Abramson past president of the California Bar Association Colonel United States Army Reserve (Retired) the JlI dge Advocate Generals Corps
Myres S McDougal Sterling Professor of Law The Yale Law School New Haven Connecticllt former president of the Association of American Law Schools
8
Honorable Alfred P Murrah Director Federal judicial Center Senior jude and former Chief judge 10th Circuit US Court of Appeals
john W Reed Ann Arbor Jvlichigan Professor of Law The University of Michigan Law School and Wayne State University Law School Director The Institute of Continuing Legal Education former Dean of the University of Colorado School of Law
Honorable Richard E Wiley Commissioner Federal Communications Commission former General Counsel Federal Communications Commission former Chairman of the Young Lawyers Section of the American Bar Association former partner in the firm of Burditt and Calkins Chicago Illinois former Captain in the judge Advocate Generals Corps US Army
9
Birney M Van Benschoten Attorney at Law New York City General Counsel for American Overseas Petoleum Ltd [Caltex Group J Colonel United States Army Reserve (Retired) the Judge Advocate Generals Corps Honorary Member of Board of Visitors
Following its visit the Board submitted its report containing the following comments and conclusions
a The Board was highly impressed with the efficient organization of the School The Commandant of the School is a highly energetic well-motivated and farsighted educational leader who without question has a high degree of cooperation and support at all levels of the staff and faculty The School is a credit to the Corps
b The Board believes it is an important role of the School to continue its present practice of constantly reviewing its curriculum and objectives Of necessity some of the educational missions of the School must be concerned with how-to-do-it courses and as is recognized by the School it is also important to have an academic environme1t to give it the quality of graduate-type curriculum
c It is believed by a majority of the Board that continued use of the thesis program is an important element in furthering the balance of practical instruction and purely academic thinking Consideration should be given to reorienting the thesis program toward longer range problems that may confront the military legal profession in the future rather than present problems
d The objective of increasing the variety of elective courses of students in the Advanced Course is highly desirable and should be continued and expanded to the extent feasible
e A specific compliment must be paid to the Librarian of the School for her diligent work in the cataloging and development of the acquisition plan of the Library Tremendous improvement has been seen in this one area and a tremendous amount of obvious hard work should not go unnoticed
10
Section 5
Allied Officer Program
Allied Officer Students During Fiscal Year 1973 the Judge Advocate Generals School was privileged to have as students in the 21 st Advanced Course and the 66th Basic Course allied officers from the United Kingdom Iran Jordan Pakistan and the Philippines See Appendix C
The Allied Officers received the same instruction took the same examinations and submitted written papers and theses as did their American colleagues These requirements indicate the high level of fluency in both the written and spoken aspects of the English language that these officers had achieved prior to their arrival at the School
During their stay the Allied Officers were escorted on tours of Jamestown Williamsburg and Norfolk In addition Allied Officers attending the 21 st Advanced Course
COL Fillton with LTC Ridao of the Philippines Squadron Leader Anwar of Pakistan and ivlA] Tehrali
of [ran Members of the 21st Advanced Class
1 I
Mrs Tehrani assists COL Douglass in Promoting MAJ Tehrani
Dean Monrad C Paulsen of UVA Law School visits with LTG Modares and MC Behzadi
12
wcrl cscorted on a DCSOPS Orientation Tour
or Washington DC for a one-week period
illlied Officer Gua dUC Visits On
2 November 1972 the annual banquet
honoring the Allied Officers was held at the
Monticello Hotel Distinguished guests
included The Judge Advocate General
LTG Modares Chief of the Iranian Judicial
Department and MC Behzadi Prosecutor
Ceneral Imperial Iranian Armed Forces
Other distinguished allied officers were
gucsts of the School for orientation visits
during the period covered by this report See
Appendix L
IvJAj Selwood (UK) 66th Basic Class
Allied Officer Gala
13
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Section 6
Interagency Education
The School continued this year to provide legal education to personnel from the other services and agencies within the Federal Government During the year our courses were attended by 48 Navy and Marine Corps officers 49 Air Force officers and 138 civilian employees of the Government from the Department of the Interior NASA the Atomic Energy Commission the U S Postal Service GSA FAA U S Water Resources Council the Department of Transportation GAO NSA the Department of Agriculture SBA ACTION USIA and the Army-Air Force Exchange System Our Basic Course provides the introduction to service oriented law for all of the Coast Guard legal officers and we provide a source of further education for the Coast Guard with our specialized programs
Coast Guard Officers and their Ladies at Basic class Reception
15
Captain William H Parks USMC a member of this years 21st Advanced Oass will be remaining at the School to join our faculty in the international and criminal law fields
Throughout the year the exchange of ideas methods and experience which was made possible by the inter-agency utilization of the School has been of immense value to all of the personnel and organizations involved
Representing the Women Attorneys in Uniform at T]AGSA
LT Dufford user (Basic class) CPT Casper USA (Basic Class) CPT Plaut USA (Basic Class) MA] Hunter USA (Faculty)
CPT Albertson USMC (Adv Class)
CMDR Cassani USCG Presents Basic class Diploma to LT Winona G Dufford USCG
CPT William H Parks US Marine Corps Representative on T]AGSA Faculty Teaching a class
in International Law
16
CHAPTER II
ACADEMIC DEPARTMENT
Section 1
Function and Organization
The Academic Department develops and conducts the Schools instruction for judge advocates in the active forces and Reserve Components Resident courses include the Judge Advocate Officer Basic Course an introductory course in military law for judge advocates initially entering active service and the Judge Advocate Officer Advanced Course which provides an academic year of graduate level study in military law and related fields During the year the department presents several specialized continuing legal education courses ranging from one to three weeks in length These include courses in military justice procurement law international law military personnel and administrative law law relating to military installations legal assistance claims litigation and environmental law Federal civilian employee law and a military judge course designed to qualify judges for the military judiciary The student body includes active duty and Reserve Component judge advocates of the Army Navy Air Force Marine Corps and Coast Guard civilian attorneys employed by the Federal Government and judge advocates from foreign countries The department also offers courses for warrant officer legal administrative technicians and enlisted legal clerks such as a Law Office Management Course the Noncommissioned Officer Educational System (NCOES) Advanced Course and courses for the training of paralegal assistants for military lawyers A three-day Senior Officers Legal Orientation is presented to brigade and installation commanders and other senior line officers In addition the department is responsible for all COL William S Fulton Jr of the Schools nonresident instruction Director Acade mic Department
17
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including the preparation and administration of extension courses the preparation of training material for judge advocates attending United States Army Reserve Schools or serving in Reserve Component units and the presentation of on-site instruction to Reserve Component unit judge advocates at their home stations
During the Fiscal Year 1973 36 resident courses were conducted with 1268 students in attendance Of the 998 Army officers attending courses 783 were active duty
LTC David A Fontanella Chief Civil Law Division
personnel and the remaining were reserve component officers Courses conducted during Fiscal Year 1973 appear at Appendix D Courses scheduled to be conducted during Fiscal Year 1974 are set forth in Appendix E
The official source of infonnation concerning courses of instruction at all Army service schools including The Judge Advocate
LTC Hugh R Overholt Chief Criminal Law Division
Generals School is the US Army Formal Schools Catalog (Department of the Army Pamphlet 350-10) That catalog provides detailed information for staff officers commanders and personnel officers who are concerned with the selection of individuals for school attendance for commissioned officers both active and reserve of the armed forces and all civilian employees of the Government who are interested in attending particular courses and for others who may MAl James R Coker wish to acquaint themselves with the Armys Cllie ICL Division
19
training opportunities In addition Army regulations govern related matters such as attendance by military personnel from foreign countries Quotas for the courses mentioned above except for the Military Judge Course and the Warrant Officers Course may be obtained through usual command channels Quotas for the Military Judge Course are controlled by the U S Army Judiciary in Washington DC Particular inquiries concerning quotas may be addressed to the Commandant The Judge Advocate Generals School US Army Charlottesville Virginia 22901
The organization of the department includes Civil Law Criminal Law International and Comparative Law and Procurement Law Divisions The School is fortunate to have a highly qualified and exceptionally well-motivated faculty The average tenure of the faculty member is three years with an absolute minimum of two full academic years The majority of the faculty has had graduate legal training with some members of the faculty having graduate training in other disciplines An important adjunct member of the faculty is the Schools Educational Advisor Dr John Sanderson Assistant Dean University of Virginia School of Education Dr Sanderson serves as a consultant on a variety of educational problems at the School with primary emphasis on methods of testing and teaching
A Deputy Director for Nonresident Instruction will coordinate Department efforts in the area of military legal instruction for ROTC in other service schools and in the USAR schools He will also coordinate and administer the Schools extension correspondence course program The on-site instruction program will be administered by the Deputy Director for Nonresident Instruction in coordination with the Assistant Commandant for Reserve Affairs
MAJ Richard E Mowry Dr Jolm A Sandcrsoll Chief Procurement Law Division Edlcati01lal Advisor
20
Section 2
Judge Advocate Officer Advanced Course
GClZcral This course offers an academic year of graduate study in all areas of military legal practice Highly qualified judge advocates of the Armed Forces of the United States and allied nations are selected to attend
The Advanced Course is designed to provide an opportunity for experienced judge advocates to renew the study of legal principles in an academic atmosphere The students are encouraged to apply modern legal theory to the problems arising in military settings thus preparing them to be more effective legal advisors to high-level military commanders and to assume positions of substantive responsibility in the offices of The Judge Advocates General
All students take the core curriculum of the four disciplines presented at the ScJh)ol--criminal law civil law international law and procurement law Supplementing
An Afternoon with a General Officer NIG Prugh in an informal seminar with members of Advanced Class
21
the core curriculum are electives presented by the University of Virginia and by the School
Successful completion of the course requires submission of a thesis of graduate level quality which makes a substantial contribution to military legal scholarship A thesis evaluation committee composed of the thesis advisor guest member and School representative grade each paper hear the oral presentation of the thesis by the student and examine the student orally following his presentation Thesis topics and scope notes of members of the 21 st Advanced Class may be found in Appendix F Guest members of the thesis evaluation committees are listed in Appendix G
Additional features of the Advanced Course include the newly instituted program of afternoon discussions with general officer judge advocates and practicing field staff judge advocates and full participation in the Schools conference programs The Advanced Class students have the opportunity to see international law and diplomacy in action when they travel to New York City for a visit at the United Nations During the three-day tour the class receives detailed briefings from the United States United Nations and foreign diplomats and legal advisors The students are given a complete tour of the UN Headquarters A trip to Washington D C provides class members an opportunity to be admitted to practice before the Supreme Court of the United States visit congressional hearings observe proceedings of administrative agencies and receive an orientation at the US Army Judiciary where class members may be admitted to the bar of the US Army Court of Military Review
S PRESENTED BY 21ST ADVANCED CLASS
1972-73
Plltlquc Syilluoliilli2 the 21st Advanced Class Gift of
Trees for Courtyard of NcUJ JAG School Building
22
Shortly after locating at the University of Virginia the quality of The Judge Advocate Generals School Advanced Course Program was brought to the attention of the American Bar Association A detailed inspection of the School by ABA represen ta tives was concl ucted anel 0 n 22 February 1955 the School was accredited by the ABA and its Advanced Course deemed worthy of the Master of Laws degree This accreditation was reaffirmed after a three-day inspection of the JAG School in March 1971
The 21st Advanced Class began on
28 August 1972 with 43 students 111 LTC Loftus Class Leader attendance 35 US Army Judge Advocates 1 US Navy Judge Advocate 4 US Marine Corps Judge Advocates 1 officer from Pakistan 1 officer from the Philippines and I officer from Iran The class was graduated on 1 June 1973 A list of the graduates is contained in Appendix H and the academic awards are noted in Appendix I
Han Hadlai A Hull Assistant Secretary of the Army
(Financial Managernellt) Graduation Speaker for 21 st Adlanceci Class
23
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Coursc Structurc The FY 73 Advanced Course was conducted in two semesters as follows (bracketed numbers following course titles refer to number of semester credit hours granted for that course eg [4 J)
REQUIRED COURSES - FIRST SEMESTER
GOVERNMENT CONTRACT LAW I [3]
The course deals with general principles of government contract law the role of the judge advocate in the procurement process the appropriations process procurement methods contract types and modifications Attention is also given to cost principles and truth-in-negotiations as well as socio-economic policies
CRIMINAL LAW I [2]
This course focuses on the criminal process to include initiation of processjudicial responsibilities of the commander parties to the proceedings trial processes and the appellate process Problems in jurisdiction pretrial confinement trial publicity and professional responsibilities are also considered in roundtable discussions
MILITARY AND CIVILIAN PERSONNEL LAW [2]
A survey of military personnel law civilian personnel law and labor-management relations with emphasis on policy considerations and the lawyers role Special attention is given to legislation personnel affairs litigation conflicts of interest and release of information
INTERNATIONAL LAW I [2]
A basic outline of the rules of public international law as a system or tool used by nations to control guide clarify and proceduralize the relations between nations traditional and contemporary views of international law the state international and regional organizations associations and individuals as participants in the system how decision-making authority is allocated in the system on the basis of jurisdiction and municipal law and peaceful means of dispute resolution concentrating on types of international agreements
MILITARY ORGANIZATION AND OPERATIONS [2J
The organization of the Department of Defense and the Department of the Army to include the organizations missions functions and inter-relationships of DOD Army staffs and major commands and agencies the organization and command structure of an
25
overseas theater of operations to include the command relationships in joint and combined commands and the territorial organization of the theater of operations
REQUIRED COURSES -- SECOND SEMESTER
CRIMINAL LAW II [3]
The course covers constitutional criminal problems trends and developments under the Manual for Courts-Martial United States 1969 (Rev ed) and the Fourth Fifth Sixth and Eighth Amendments Consideration of the law of crimes drugs and affirmative defenses is followed by discussion of wiretapping custodial interrogation psychiatric evidence and search and seizure The course includes discussion of corrections and extraordinary relief
LEGAL PROBLEMS OF COMMAND [2]
A survey of the law of military reservations (jurisdiction and conflicts of law) regulatory law civil rights and management (manpower and fiscal) Special emphasis is given to race relations environmental law dissent command authority and control of military installations
GOVERNMENT CONTRACT LAW II [2]
This course is a continuation of Government Contract Law I It focuses on contract administration covering such areas as contract terminations inspection acceptance and warranties and disputes and remedies Attention is also directed to nonappropriated funds off-shore procurement and service contracts
MANAGEMENT FOR MILITARY LAWYERS [2]
Manpower management includes discussion of manpower vouchers staffing guides preparation of Schedule Xs modification of TDAs the relationship between spaces dollars and position delineation Fiscal management emphasizes the fiscal process of budget programming execution and review at the installation level Personnel management stresses the hehavioral science approach to management of people including job enrichment and motivation theories of organizational psychology The military lawyer analyzes his own management style with Blakes Managerial Grid and measures his ability to understand and motivate subordinates
INTERNATIONAL LAW II [2]
A study of the involvement and interrelation of nations through the concepts of
26
self-defense intervention human rights and various types of warfare A detailed examination of the laws of warfare concentrating on land warfare but including sea and air warfare the reporting handling and processing of violations of the law of war by national and international agencies and Geneva Convention training and the role of the military lawyer in implementing the rules of the Law of War
IiLc[rVE COURSES -- FIRST SEMESTER
FEDERAL CLAIMS AND LITIGATIGN (I credit)
A study of the procedure and basis for
the acijuciiciation payment and collection of claims by the United States with emphasis on the Federal Tort Claims Act Military Claims Act and claims in favor of the United States under the Federal Claims Collection Act and the Medical Care Recovery Act Actual claims problems and their resolutions stressing litigation and court decisions will highlight
the growing importance of claims administration 1I1 the field Future responsibilities of the judge ldvocate will be outlined in a treatment of the Federal litigative process with discussion of service of process pleading motions and discovery Squadron Leader Anwar Entertains
under the Federal Rules of Civil Procedure
INTERNATIONAL LAW OF HUMAN RIGHTS (I credit)
Working with international documents to include the OAS Charter the Genocide Convention European Human Rights Convention General Assembly Declarations and the 1949 Geneva Conventions as well as with various national constitutions the student will
examine those human rights generally respected by nations The role of the Judge Advocate Officer in implementing these rights within the military through education training preventive law or other programs wiII be discussed Thus the student will be better able to advise and assist commanders and their personnel both before and during hostilities Using individual problems each student will make an oral presentation and submit a short
paper on his problem area
27
MILITARY JUSTICE LEGISLATION SEMINAR (I credit)
This seminar addresses the following pending bills (1) requiring unanimous verdicts by courts-martial 0) Hatfields joint service concept (3) Bayhs court-martial commands (4) random selection of court members (5) pretrial procedure-investigation by magistrate and bail (6) increasing power of judge to sentence suspend and defer sentences (7) proposals to eliminate the post trial review or remove it from the convening authority (8) proposals to increase the jurisdiction of military appellate courts and to allow direct appeal from the Court of Military Appelt1ls to tha United States Supreme Court (9) the scope of Article 62(a) and (10) proposals to extend the military contempt article The objectives are to familiarize the class with the pending legislation and to stimulate creative thinking The seminar begins after the class has sufficient grounding in current military law to appreciate suggestions for change Each student writes a short paper which recommends new legislation criticizes current proposals or advocates adoption of a current proposal
CONTEMPORARY JUDGE ADVOCATE PROBLEMS 0 credits)
This seminar meets 12 sessions of two hours each for discussion of a variety of problems facing the military lawyer to include his relationship to the Army the educational program for military lawyers judge advocate responsibilities for resolving contemporary
Advanced Class Skit at [jAGSA Purty
28
pro bkll1s including flow of gold drug abuse racial confrontations pli bl ic and communi ty
rciltions professional responsibilities of clefense counsel control of courts-Illartial hy
military judges organization training and retention of reservists judge advocate office
organization war crimes problems civilian offenders and responsibility in scntencing of
offenders Each student will make a presentation and lead a group discussi)n A slnrt
paper is required
ILnCl1VE COURSES -shySECOND snMESTER
PI RSONAL LEGAL PROBLEMS OF
llL1TARy PERSONNEL II [II
This i~ a continuation of the first
semester seminar on legal assistance topics of
concern to judge advocates supervising
counseling services for military personnel and
thcir dependents The seminar will treat
common legal problems in the following
areas real estate transactions estate
planning investment counseling domestic
relations motor vehicle ownership and
military retirement programs and benefits
SJA OPERATIONS IN MILITARY JUSTICE [IJ
An examination and analysis of the organization problems and operation of the
Staff Judge Advocate office in the field of Military Justice The seminar will include
discussions of the organization of the Military J Llstice Division wi th i n 1 Staff Juclgc
Advocate office and relationship of the Staff Judge Advocate to the Deputy Stafr Judge
Advocate Chief of Military Justice Chief of Staff Commanding Genera inferior
courts-martial convening authorities the Provost Marshal and civilian law LnforCLment
personnel The seminar will also examine the processing of inferior cOllrh-Illartiil ll1d
Article 15 UCMJ proceedings pretrial and post trial processing of glneral courts-martial
the detailing of court members counsel and the military judge and the lundling or confinement problems
CONTEMPORARY MILITARY POLICY 12J
The purpose of this seminar is to promote understanding of thL Army till (lCLl]
and political environment in which it operates and selected military pulicy h)llc
confronting the nation and its armed forces
IMPLEMENTATION OF THE LAW OF WAR [I]
A review of 1972 and 1973 draft protocols and papers prepared by the International Committee of the Red Cross for implementation of the law of war in international and non-international conflict In context of US military force structures weapon systems and modern warflre a determination of an acceptable Army position on such proposed agreements Preparation of a position paper on a limited number of issues most pertinent
to the Army
GOVERNMENT CONTRACTS AS AN INSTRUMENT OF SOCIAL POLICY [I J
A study of the socio-economic policies in Government contracting their effectiveness and other alternatives to meet the social problems in the United States today Specific socio-economic policies covered will include small businesses labor standards labor surplus and labor surplus set-asides Buy National programs and equal opportunity programs
WEAPONS SYSTEMS ACQUISITION III
A study of the process of procurement of major weapons systems problems of such procurement and possible im provements to the process The proced ure will be traced
from the initial decision between competing systems to the selection of the source fm svstem development
30
Section 3
Judge Advocate Officer Basic Course
GellerLlI The life blood of the Judge Advocate Generals Corps is the grlduates of the twelve-week Basic Course which consists of Phase I four weeks presented at the U S Army Military Police School at Fort Gordon Georgia and Phase II presented in eight weeks at TJAGSA The Basic Course is a practical how-to-do-it course as contrasted with the graduate level Advanced Course Highlights of the course are instruction in the four major fields of military law and in practical exercises which will prepare the newly appointed judge advocate for his first duty assignment and particularly for military criminal trial practice
A moot court program is a continuing feature of the instruction given Basic Course students This program is designed to give new judge advocates practical experience in military trial practice and procedure Moot courts are simulated general courts-martial
Husband alld Wife Legal Teams in 65th Basic Class CPTs Peter alld Joyce Plaut and CFTs Joseph and Madge CCLlper
31
based on fact situations prepared by faculty members The positions of trial and defense counsel members of the court and witnesses are filled by members of the Basic Course Each student has at least one opportunity to act as trial or defense counsel The military judges part is played by members of the staff and faculty the Advanced Class or the
U S Army Judiciary who are certified military judges
Each class travels to Washington D c where they are admitted to practice before
the United States Court of Military Appeals
During FY 73 four Basic Courses-the 65th 66th 67th and 68th--were conducted at the School A total of 238 officers were graduated including IS officers of the United States Coast Guard and one allied officer each from Jordan and the United Kingdom A list of the graduates of the Basic Classes is contained in Appendix J and the academic awards arc noted in Appendix K
MG Harold E Parker The Assistant Judge Advocate General Gives Basic Class Graduation Speech
32
Course Structure The course curriculum and scope are as follows
CRIMINAL LAW [88 platform hours]
Introduction (2) Jurisdiction (2) Evidence (IK) Trial Technique (6) Documentary Evidence and AWOL (4) Affirmative Defenses (6) Review of Inferior Courts (2) Appellate Review and Extraordinary Relief (3) Procedure (26) Interview of Witnesses and Accused (3) Pretrial Advice and Post Trial Review (6) Article 15 (4) Review for Examination (2) Examination (4)
CIVIL LAW [74 platform hours]
Introduction (1) Military Personnel Law (9) Civilian Personnel Law (4) Labor-Management Relations (4) Boards of Officers (3) Law of Military Installations (12) Military Assistance to Civil Authorities (2) Claims and Litigation (12) Legal Assistance (12) Civil Rights (2) Drug Abuse (2) Dissent Seminar (2) Race Relations (4) Research Problems (6)
PROCUREMENT LAW 66th Basic Class Gift [21 platform hours] Being Presented to Commandant
Introduction and General Principles (3) Appropriations Process (2) Judge Advocate Responsibilities (2) Procurement Methods (4) Contract Types (1) Socio-Economic Policies (1) Nonappropriated Fund Procurement (I) Disputes and Remedies (2) Inspection Acceptance and Warranties (I) Examination (I)
INTERNATIONAL AND COMPARATIVE LAW [10 platform hours]
Recognition of problems involving international and foreign law with respect to claims and legal assistance and sources for solutions to such problems (I) Basic rules of criminal jurisdiction under status of forces agreements the Trial Observers Report (I) The fundamental laws and rules of the Law of War (2) Techniques of Military Instruction (2) Geneva Convention Training (2) Recurrent problems in using or instructing 011 the Law of War (2)
MILITARY OPERATIONS AND MANAGEMENT [4 platform hours]
Introduction to U S Defense structure and command and staff relationships within
33
this structure with emphasis on the relationships between the commanding officer of the installation Staff Judge Advocate and other installation command and staff elements
RACE RELATIONS SEMINAR [4 platform hours]
Students survey current race relations problems at the military installations based upon case studies in order to detennine the cause and effect of racial tensions Seminar participants discuss statutes regulations and current Army policy designed to prevent discriminatory practices and promote racial harmony in the military service
LEGAL RESEARCH PROBLEMS [8 platfol111 hours]
In this office practice exercise each student researches and prepares an opinion on selected legal problems commonly encountered at the militalY installation He then makes a classroom presentation of his work using an appropriate pedagogical technique with a view towards instructing his fellow students in the law
Basic Class Recep tion
34
Section 4
Resident Continuing Legal Education Courses
CIVIL LAW I (5F-F5)-Two phases (l week each)
Phase I--Law of Military Installations Law and current legal problems relating to military reservations nonappropriated funds military assistance to civilian authorities and installation management with special emphasis on control of installations and challenges to commanders authority by court processes
Phase II--Claims Claims regulations and procedures with emphasis on the Federal Tort Claims Act and claims in favor of the Government Panel discussions on injury evaluation and medical care recovery highlight the practical aspects of the course
CIVIL LAW II (5F-F2)--Two phases (1 week each)
Phase I--Personnel and Administrative Law A study of statutes regulations and court decisions concerning military personnel law boards of officers conflicts of interest military compensation line of duty determinations and release of information Attention will also be given to current administrative law problems with panels of experts
Phase II-Legal Assistance Study of current legal problems and court decisions which affect the military serviceman including consumer protection family law taxation immigration small claims property settlements and bankruptcy
INTERNATIONAL LAW (5F-F3)--2 weeks
International agreements jurisdiction State responsibility Status of Forces Agreements conduct of hostilities war crimes and internal armed conflict Geneva Conventions and the New Protocols Responsibility and Superior Orders
JUDGE ADVOCATE OVERSEAS OPERATIONS (5F-F14)--1 week
A review of civil and criminal codes of countries where large numbers of US personnel are stationed and the rules established for the conduct of US personnel through Status of Forces Agreements Emphasis is upon the role of the judge advocate in assisting US personnel in the conduct of their legal affairs in a foreign country in protecting
35
jJAl Rice
MAl Suarez
the interests of the Government in civil litigation and in protecting the interests of US personnel charged with crimes by a foreign country
JUDGE ADVOCATE RESERVE COMPONENT FIELD GRADE OFFICER REFRESHER (S-27-C8)-2 weeks
To further qualify the judge advocate in matters relating to the performance of legal duties involving international and comparative law and administration of military justice and to provide a more comprehensive knowledge of the fundamental principles of Government contract law and the role of the procurement legal advisor organization of the Army developments in tactics military correspondence command and staff procedures and National Guard and Army Reserve activities
LAW OF FEDERAL EMPLOYMENT (SF-FI0)-1 week
Civilian Personnel Law Hiring promotion and discharge of employees under the FPM and CPR role of the Civil Service Commission procedures for grievances appeals and adverse actions personal rights of employees
Labor-Management Relations Rights and duties of management and labor under Executive Order 11491 and DOD Directive 14261 negotiation of labor contracts impasse mediation administration of labor contracts and procedures for arbitration of grievances
LAW OF WAR amp CIVIL MILITARY OPERATIONS (SF-F4)-2 weeks
A review of the basic law of war with an up-date on the latest changes and developments in the area A detailed examination of international customs and treaty rules affecting the conduct of
CPT IlIlwinl~elried
36
us military forces in civilmilitary operations and in all levels of hostilities The Geneva Conventions and their application in civilmilitary operations and in various types of combat operations and missions to include problems of refugees labor psyops
legislation and public relations
LITIGATION AND ENVIRONMENT LAW (SF-FI3)--1 week
Review of Federal Rules of Civil Procedure Judge Advocate coordination with Department of Justice and procedural law relating to practice before administrative agencies Preparation of litigation reports and techniques of evaluating liability and amount of damages
MILITARY JUDGE (SF-F9)--3 weeks
To qualify military lawyers to perform duties as full-time military judges at courts-martial with emphasis on special courts-martial Conference panel and seminar forums are utilized to cover substantive military criminal law defenses to crimes instructions to the court rules and principles of evidence trial procedure and current military legal problems
MILITARY JUSTICE (SF-Fl)-Two phases (I week each)
Phase I--Administration of Military Justice An examination of the administration of military justice to include recent developments in criminal law and the functions and problems invoived in pretrial and post-trial procedme
Phase IJ-Trial Advocacy Intensive instruction in trial practice to include problems confronting trial and defense counsel
37
CPT AdatIs
CPT illlltall
CFJ lurJut
MAJ McGo lIA1i1
AlA) LlIlc
AJAr Gilligal
PROCUREMENT ATTORNEYS (5F-Fll)-2 weeks
Study of legal problems arising in the following areas general principles including the authority of the Government and its personnel to enter into contracts contract formation including appropriations formal advertising basic contract types and socio-economic policies contract performance including modifications~ disputes including remedies and appeals
PROCUREMENT ATTORNEYS ADVANCED (5F-FI2)-2 weeks
Study of legal problems arising in the following areas incentive contracting funding competitive negotiation socio-economic policies Government assistance state and iocal taxation modifications weapons system acquisition truth in negotations terminations labor relations problems contract claims and litigation
SENIOR OFFICER LEGAL ORIENTATION COURSE-3 days
Civil law to include installation management labor management relations military personnel law llonappropriated funds investigations legal assistance claims and litigation criminal law to include search and seizure confessions the responsibilities of the convening authority before and after trial and the options available to commanders in varibus military justice situations
STAFF JUDGE ADVOCATE ORIENTATION COURSE (5F-FI 5)--1 week
A survey of new developments in the areas of military justice civil law procurement and international and comparative law
38
Section 5
Nonresident Instruction
The Office of Nonresident Instruction was added to the Academic Department to coordinate and administer the various forms of nonresident instruction offered by the School The office is headed by the Deputy Director for Nonresident Instruction
The office is divided according to the instructional methods employed The immediate office of the Deputy Director is responsible for supplying instructional materials for use by instructors at other institutions Materials are supplied annually to USAR Schools for instructing 7000 Officer Advanced Course and 2000 Officer Basic Course students of other than J AGC branches and 85 JAGC Advanced Course students ROTC cadets receive instruction on their college campuses utilizing NRI materials The Deputy Director also maintains liaison with the US Military Academies other Army service schools and schools of other Armed Forces Active Army unit training support is also a function of the office
The Correspondence Course Office is responsible for supplying students with self-instructional materials Approximately 2500 students are carried on the rolls annually including officer and enlisted personnel of the Active Army and Reserve Components andmiddot personnel from allied nations About 20000 correspondence course students of other Army service schools take subcourses supplied by NRI
39
MAj james A Endicott Jr Dep Dir for Nonresident Instruction
CPT joseph W Hely Jr and Mr Robert 11 Alerritt
The following courses are currently offered by correspondence
Judge Advocate Basic Indoctrination Course
Judge Advocate Advanced Course
Special Courses Specialization Courses for Senior J AGC Officers Military Law for Commanders and Staff Officers Course Legal Warrant Officers Course MOS 713A J AGC Senior NCO Course GCM Legal Clerks Course MOS 71D50 SPCM Legal Clerks Course MOS 71 D20
All Advanced Course students enrolled on 1 September 1973 will be required to complete a writing requirement administered by the Deputy Director Thesis advisors will be assigned to each student to assist in topic selection and organization of the 15-20 page 3000 word minimum papers
CJYr (P) Terry Devliu IS Promoted (Finally)
40
Section 6
Paraprofessional Courses
The Legal j)artl[JToessional The implementation of the Military Justice Act of 1968 and the Pilot Legal Assistance Program have placed extraordinary demands on the time of the Army lawyer A partial answer to these demands is the development of military legal paraprofessionals During the second week of February the Civil Law Division conducted the first Legal Paraprofessional Course in legal assistance The course attended by 21 secretaries and enlisted men from Army and Coast Guard judge advocate offices is the first step in the fonmll development of legal para professionalism in the Army The Criminal Law Division also graduated its first group of paraprofessional students in February 1973 The paraprofessional courses are designed to instruct legal lay assistants in the duties and administration of the military justice division of installation judge advocate offices It is planned that future instruction in these resident courses will include
PARAPROFESSIONAL COURSE--CIVIL LAW-I week
Legal research and instruction in legal assistance to include interview techniques recognition of non-legal problems preliminary drafting of routine legal documents and other substantive legal matters
PARAPROFESSIONAL COURSE--CRIMINAL LAW-I week
An overview of the entire military justice system disposition of charges interview of witnesses preparation of vouchers subpoenas depositions and similar documents administrative review of Article 15 punishments and other substantive legal matters
WARRANT OFFICER AND SENIOR LEGAL CLERK COURSE (7 A-713A 7lD50)--1 week
Review and discussion of the legal administrative technicians and senior legal clerks roles as office managers of a judge advocate office or activity with particular emphasis on effective management of personnel equipment work flow and fiscal resources
LAW OFFICE MANAGEMENT-l week
A new course for warrant officers and senior legal clerks in March 1974
41
Cl1middot)2 Clorlcs L West jJ(r(leyal Fraililly Officer
BG Lawrence H Willimrls Assistallt jucZle Advocate General for Military Law
Prescnts Diplolla to DistillYllished Gradllate of NCOES COllrse
42
NONCOMMISSIONED OFFICER EDUCATION SYSTEM On 15 June 1973 the School graduated its first NCOES Course The initial input of 12 students MOS 71D and 71 E were tracked with MOS 71 L (Administrative Specialist) students during the first nine weeks of schooling conducted at Fort Benjamin Harrison The final two weeks of advanced MOS training 71 D and 71 E were conducted here at Charlottesville
CPT WorkmanCPT Wagller
lVIA] White CPT Robie
43
1972 JAG Conference BG Persons 13G Montgomery US4R Mr Kendall Barnes GC AMC BG UpjJ USAR BG Babbitt foreground
Receptioll HOllorillg Conference Banqzl(t Speawr Mr jllstice 10111 CZellh MG Prugh Mr justice Clark Mrs Douglass COL Douglass CfYr Griffin
44
CHAITER III
CONFERENCES VISITORS AND SEMINARS
Section 1
JAG Conference
During the week of 1-5 October 1972 the School again hosted the world-wide JAG Conference an annual event which brings together senior judge advocates from all major Army Commands throughout the world as well as representatives from the sister services for the discussion of current problems and developments in military law Speakers and panelists provided updates and briefings on all aspects or criminal civil procurement and international and comparative law
A unique feature of the 1972 Conference was the attendance by personal invitation of The Judge Advocate General US Army of a number of JAGC warrant officers and
Mr JOllil l lJlIstCriU lr I Fred J)llhardt
45
senior legal clerks Headlining the Conference list of speakers was Mr Justice Tom C Clark who was the banquet speaker Other distinguished speakers included Department of Defense General Counsel 1 Fred Buzhardt Attorney General Robert B Morgan of North Carolina Deputy Assistant Secretary of Defense John A Busterud and Harvard Pro fessor Richard Baxter
Social events highlighting the evenings of Conference Week included the annual Conference Banquet the Icebreaker and a new addition this year an informal Hawaiian RampR party
Hawaiian RampR Hlrty
46
Mr Robert B Morgan
Section 2
The Judge Advocate Generals Reserve Conference
The School hosted the fourth annLlal Judge Advocate Generals Reserve Conference from 30 November to 2 December 1972 The conference focused on Special Interest Groups and Conferee Workshops Special Interest Groups included JAGSO Detachment Commanders ARCOM SJAs Training Division SJAs and Troop and Civil Affairs SJAs Workshops were conducted and reports made to the conference on the subjects of Civilian Personnel and Employee Unions Race Relations Environmental Law Search and Seizure and Drug Abuse
Among speakers and guests were Dr Theodore C Marrs Deputy Assistant Secretary for Reserve Affairs Department of Defense MG J Milnar Roberts Chief Army Reserve MG George S Prugh The Judge Advocate General MG Harold E Parker The Assistant
BG Upp BG Montgomery Dr Marrs COL Douglass and RADM Staring at Judge Advocate Generals Reserve Conference
47
LTC Fontullelle and COL Selleider
Jldge Advocate General BG Robert D Upp USAR Assistant Judge Advocate General Special Assignments (MOBDES) BG Edmund W Montgomery II Chief Judicial Officer (MOBDES) and Colonel William B Carne Chief Litigation Division OTJAG
Social events included an Icebreaker cock tail party at the Officers Open Mess and the Conference Banquet at The Holiday Inn Afton Mountain
COL Fulton and COL Garber
48
Section 3
National Guard Judge Advocate Generals Conference
The Second Judge Advocate Generals National Guard Conference was hosted by the School in Marcil As with the first conference emphasis was placed upon military law as it applied to the National Guard Conferees workshops were similar to those held during the Reserve Conference
Among the invited speakers and guests were LTG Harris W Hollis Chief Office of Reserve Components MG George S Prugh The Judge Advocate General MG Francis S Greenlief Chief National Guard Bureau MG Harold E Parker The Assistant Judge Advocate General and Mr Robert B Morgan Attorney General North Carolina
Social events included an Icebreaker cocktail party at the Officers Open Mess and the Conference Banquet at AftJn Mountain HolidJY Inn
AIG Chelley 11ze J[(z(e Advocate Gelleral of the Air Jorce
alld Air Force National Guard Participants at Conference
49
LTG and Mrs Hollis
COL James B Deerin
MG William ] McCaddiil T1w Adjutant General Va ARNG
50
Section 4
Speakers and Visitors
The professional atmosphere of the School is enhanced by an active guest speaker program through which distinguished experts are invited to address the various classes and the entire School community There are two formal lectureships established in conjunction with the two academic chairs at the School This year the Second Kenneth J Hodson Lecture in Criminal Law was given by Professor Yale Kamisar of the University of Michigan School of Law As mentioned previously the First Edward H Young Lecture
on Military Legal Education was given by Professor Delmar Karlen
Many officers governmental officials practicing attorneys and educators visit the
School to observe portions of its programs A list of the guest speakers and distinguished persons visiting in 1973 is contained in Appendix L
Mr Doll Droge Natiollal S(cllritv CollIcit Staff
51
MG Kenneth J Hodson Chief
USA Legal Services Agency
Prof Helmut Rumpf Office of the Legal Advisor
Foreign Office Federal Republic of Germany
Hon Robert M Duncan Judge US Court of Military Appeals
52
Mr Jack Stempler General Counsel us Air Force
Frederick Hernavs Iliiclicr COL -AGC (ltetj
l1JG Lloyd B Ramsey The Provost Marshal General
53
MG George S Prugh The Judge Advocate General of the Army
Prof Yale Kmnisar
JudRe Tim Murphy D C Superior Court
54
Section 5
Race Relations Seminar
From 17-19 January 1973 The Judge Advocate Generals School was host to a race relations seminar The seminar brought together judge advocates from CONUS and overseas commanders provost marshals and others experienced in race relations and military justice The primary purpose of the seminar was to aid judge advocates in advising their commanders and staffs concerning race relations and racial incidents and the handling of such
The two-day agenda included small--group discussions of such matters as the following
(a) Racial problems confronting judge advocates law enforcement and command authorities in the field
(b) Indicators and warnings of racial disharmony which may cause or contribute to offenses
(c) Guidelines for effective solutions to racial problems of the command
Cd) The role of the staff judge advocate in race relations 111 the command
This seminar was but a small part of the race relations program developed by the School during the past year Race relations instruction was an important feature of the
55
elYT Grahanl
elYl Criflill Race Relatiolls Illstructors
Race Relations Seminar
Basic and Advanced Classes Elements of this instruction included the basic causes of racial unrest in the military personal and institutional racism applicable civil legislation and military justice problems The Advanced Class curriculum also included a 12-hour race relations elective which dealt with both specific problem areas and served as a speaking platform for individuals involved in the race relations field In addition race relations instruction and workshops were held during the Annual Judge Advocate Generals Conference Reserve Conference National Guard Conference and many of the other short courses offered throughout thc year Additional instruction and seminars have been planned for the coming academic year in an attempt to meet the challenge of this extremely important and sensitive area
56
CHAPTER IV
DEVELOPMENT DOCTRINE AND LITERATURE
Created 1 March 1973 the Development Doctrine and Literature Department (DDL) is responsible for combat developments doctrinal and legal literature military operations and management and professional liaison and development In its role as combat developer for the Corps DDL must ensure that JACC will have the necessary resources to perform its mission in the Army in the future DDL has taken steps to end the court reporting equipment problem that exists today DDL members formerly with CDCJ AA which had initiated the justification for new court reporting equipment guided the project to AMC Procurement of the needed equipment is projected for the near future
In addition to ensUling proper materiel allocation DDL also ensures effective personnel allocation in planning for the Army of the future In the course of investigating personnel developments DDL prepared a recorm1ended Table of Organization and Equipment (TOE) for a separate defender program and prepared a staff study recommending the use of paralegal assistants LTC John L Costello Jr
Director Development Doctrineby military lawyers and Literature Department
Most recent of its developmental accomplishments is the experimentation in the area of Automated Legal Research Provided by the US Army Judiciary with volumes of courts-martial statistics DDL programmed the statistics into an automated data bank Such an automated system enabled DDL to rapidly and accurately make recommendations for more effective allocation of personnel while studying the feasibility of a separate defender program
DDL is charged with review of doctrinal literature for legal sufficiency and has provided input to force concepts and designs in the Armys combat development process Also of a doctrinal nature is the responsibility for instruction in military operations and
57
management The Military Operations and Management Division of DDL is responsible for all instruction in military arts and sciences the defense structure command and staff procedures and Army management
In keeping with its mission of professional development DDL provides an office for liaison with professional associations both legal and military In establishing liaison with professional associations such as ABA FBA AUSA etc that office has also monitored Law Day USA observances throughout the Army and coordinated after-action reports Enthusiasm for Law Day 1973 observances was enhanced by JAGCs receipt of a ABA Award of Merit for its 1972 observance
DDL is also responsible for publication of the Military Law Review The Army
Lawyer and the Judge Advocate Legal Service discussed in Chapter V
CPT John D Home Professional Liaison Office
58
MAJ James R Wessel Chief Military Operations
Management and Plans Division
-- - CPT Daniel Worlltin1
011 Computerized Study
CHAPTER V
PUBLICA TIONS
The Military Law Review a law quarterly identical in format to the leading civilian legal journals is distributed to all judge advocates in the Active Army and the Ready Reserve In addition the Superintendent of Documents Government Printing Office sells copies and subscriptions to all interested civilian agencies and individuals
The Law Review contains lead articles comments and notes of interest to military law practitioners Theses written by students of the Judge Advocate Advanced Course are a primary source of articles Comments notes and articles from judge advocates in all three armed services foreign military and civilian lawyers members of the staff and faculty law school professors reserve judge advocates and civilian attorneys are also published During Fiscal Year 1973 Volumes 57-60 were printed Instituted during this fiscal year was a series of comnents on historic courts-martial to be continued in future volumes of the Law Review
The Catalog of Advanced Class Theses was revised by the Publications Division and distributed during FY 72 A supplement to the Catalog was compiled and distributed during FY 73
The Judge Advocate Legal Service (JALS) is responsible for rapid dissemination of the latest military law and items of interest to judge advocates around the world J ALS is printed bi-weekly in Charlottesville Virginia and distributed in over 7600 copies to all three armed services J ALS digests all cases decided by the United States Court of Military Appeals most published Court of Military Review decisions Federal Court decisions affecting the armed services and actions by The Judge Advocate General under Article 69 Uniform Code of Military Justice
59
The Army Lawyer a how-to-do-it type journal provides practical and timely
information to judge advocates in the field This monthly periodical incorporates claims personneL and legal assistance information previously found in other publications
The Manual for Courts-iVlartial Annotation Third Edition (1973) a significant research tool on military law was prepared in an updated version during Fiscal Year
1973 as DA Pamphlet 27-13 The Annotation contains case citations a citation of appropriate regulations and a cross-index to the Military Judges Guide To facilitate
research the Annotation is designed to be interleafed on a chapter-by-chapter basis with the Manual
In addition the following texts were submitted during FY 73 to the Office of The
Judge Advocate General for pUblication as Department of the Army pamphlets
Administrative Law Handbook Eyjdence Jurisdiction Legal Guide for the Soldier Trial Proced ure
Printed as special texts to support
resident instruction in some cases pending availability as DA Pamphlets were the following
Civil Law Basic Oass Deskbook Criminal Law Basic Class Deskbook Effective Research Aids (Civil Law) Evidence Law of AWOL Military Administrative Law Senior Officer Legal Orientation Texts Trial Procedure
During the course of FY 73 many articles authored by members of the staff and facul ty and were pu blished A list of those articles is contained in Appendix M
60
CPT Stephell L Buescher Clz ief Doctrine and Literature Division
CPT ] Alullill Editor Military Law Review
CHAPTER VI
RESERVE AFFAIRS
General The reorganization of the Army with the shifting emphasis on the Reserve program resulted in the establishment of the Office of the Assistant Commandant for Reserve Affairs arid Special Projects The overall mission of this office is to develop and implement a program to improve the readiness capability of the Army Reserve Component Judge Advocate Generals Corps personnel This mission has been broken down more specifically to provide for the career management of all JAGC reserve officers which includes providing liaison with the United States Army Reserve Component Personnel and Administration Center to develop and administer a program of technical training and to maintain liaison with the individual Reserve or National Guard components the Army Readiness Region Commanders and the CONUS Armies To accomplish these functions the Office has been subdivided into the Career Management Division and the Reserve Training Division
Career Management Division As a result of greater emphasis being placed on the Reserve program added consideration has LTC Keith A Wagner been given to the career management of all Assistant Commandant reserve component JAGC officers More for Reserve liffairs resources have been allocated toward advising individual reserve JAGC officers upon matters affecting their careers such as appointments transfer federal recognition of National Guard component officers and educational qualification for promotions This advice has become more important to the JAGC reserve officers because the competition for appointment assignment and promotion has become keener in the recent year
Career counseling is carried out primarily through correspondence but during the past two years with the JAGSO team training being conducted at TJAGSA personal interviews have been conducted by members of the divisions Such interviews are more desirable because in the course of this counseling the Reservists are alerted to important aspects of their career pattern Personal interviews are also conducted when officers of
61
LTC James N McCune Chief JACC Reserve Cornponents
Career hlanagement
the department make staff liaison visits to JAGSO detachments throughout the year Reserve units visited during FY 73 are listed in Appendix N
In the next academic year the channels of communication will be vastly improved by the on-site training to be given by the faculty from the School As part of these training visits the faculty member will bring back any inquiries from individuals regarding career problems to the Office of Reserve Affairs
As a further service to reserve component officers a Judge Advocate Reserve Components Directory is published annually This directory contains the names addresses type of assignment and the nature of civilian employment for more than 1800 Reserve component JAG officers
Reserve Component Training Divisioll The reorganization of the Army has resulted 111 the development of the Reserve Component Technical Training otherwise referred to as on-site training The program includes a six-hour block of instruction by faculty members from each of the four academic divisions of TJAGSA During the first academic year two hundred and twenty-five visits will be made under the program The purpose of the visits will be to bring all reserve component JAGC officers up to date on the most recent changes in military law and to inform the officers of the organizational changes in the JAG Corps
In addition the overall training program includes nonresident training on-the-job training of J AGSO Detachments at active Army installations throughout the country the Reserve Components General Staff Course and the cyclical resident training for specific J AGSO teams The on-the~job training is proving very successful During the past training year more than fifty percent of all J AGSO Detachments were participating in hands on training at active Army installations In addition all J AGSO teams except the 33 General Court-Martial tcams were assigned a training site appropriate for their mission for ADT 1973 ie Procurement teams to procurement centers Claims teams to Army Oaims Service etc
With regard to resident training during the summer of 1973 a trall1Jl1g program for General Court-Martial teams totaling over 210 men was conducted at TJ AGSA This training was supported by the 1050th USAR School West Hartford Connecticut and
62
included an update on court-martial procedures substantive law and a series of moot courts Greater emphasis was placed on training the court reporters and to that end new more sophisticated equipment was provided
Forecast for the coming academic year is the Reserve Component Technical Training (on site) and the Reserve Senior Officers Legal Orientation Course The SOLO course is designed for officers who are not members of the JAG Corps but who by virtue of their duties as commanders require a knowledge of military law In addition the US Army Reserve Judge Advocate Conference is scheduled for November 1973 and the National Guard Judge Advocate Conference is scheduled for March 1974 The purpose of these two conferences is to bring the senior
CPT Eldon D Robertsreserve component Judge Advocates to Chief Training OfficeTJAGSA to discuss common problems and
bring them up to date on the latest developments in military law and new innovations in the reserve program
Chief Judge Darden of the U S Court of Military Appeals and JAGSO Detachment Members at COMA Admission Ceremony
63
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CHAPTER VII
PROFESSIONAL ORGANIZA TrONS AND DEVELOPMENT
American Bar AssociLztion Pursuant to TJ AGSA policy the School maintained active participation in the American Bar Association during FY 1973 Five representatives from TJAGSA attended the ABA Annual Meeting in San Francisco during August of 1972 one of whom along with MG Prugh represented the Corps in receiving an ABA Award of Merit for outstanding observance of Law Day 1972 In additon four members of TJAGSA traveled to Cleveland in February of 1973 for the ABA Mid-Year Meeting
As an indication of the active participation by the personnel of the School many held positions of responsibility in the organization The Commandant served in an advisory capacity to the Standing Committee on Legal Assistance to Servicemen one member represented the Armed Forces (District 15) on the Young Lawyers Section (YLS) Executive Council as well as serving as Co-Chairman of the YLS Military Service Lawyer Committee one member served as Co-Chairman of the YLS Coordinating Committee and one member served as Vice-Chairman of the YLS Corporation Law Committee
President-Elect Chesterfield Smith of the American Bar Association presents Law Day Award to MG Prugh and CJYT Robie
65
Federal Bar Association The Federal Bar Association (FBA) which is composed of lawyers who are or have been in the employ of the United States Government in a legal capacity is represented here by the Charlottesville Chapter Not only did TJAGSA provide the chapters business office but also personnel of the School served in positions of both President and Vice-President during FY 73 In April of 1973 the Charlottesville Chapter of FBA hosted the TJAGSA Board of Visitors at a coffee
National Association for Law placernent An organization composed of law school placement offices as well as employers the National Association for Law Placement (NALP) seeks to increase communication between buyers and sellers in the legal job market Founded two years ago NALPs membership consists of some 95 law schools of which TJAGSA is one and 30 employers During FY 73 the School was represented at all meetings and conventions by the Post Judge Advocate who also served the organization as its Secretary
Associatioil of American Law Schools The AALS was chartered in 1900 and has a present membership of 115 schools throughout the United States The Judge Advocate Generals School does not meet the requirements for membership but is associated with the organization For a number of years the Commandant and Director of Academics as representatives of TJAGSA have attended the annual meetings held each year between Christmas and New Years
The faculty of The Judge Advocate Generals School is included in the directory of law teachers prepared by the AALS Faculty members are on the sections of the Association and work actively in the section on teaching methods and the section on studies beyond the first degree in law
Of particular interest to TJAGSA are the studies done by the AALS on Administrative Law Constitutional Law Criminal Law Professional Responsibility Trial Advocacy Continuing Legal Education Paraprofessional Legal Education Teaching Law outside of Law Schools and Teaching Methods
Associatioll of the Ul1ited States Army The Thomas Jefferson Chapter AUSA continued its active role in the Charlottesville community The 1973 Dogwood Festival Week was the occasion of several AUSA activities Two recently released POWs were honored at a cocktail party in the TJAGSA OOM at the conclusion of the annual Dogwood Parade On the following day AUSA hosted a record number of guests at its traditional Dogwood Luncheon The gathering was addressed by Congressman J Kenneth Robinson CR-Va) and honored guests included Miss Dogwood Festival Miss Virginia Miss New York and the US Army Golden Knights Parachute Team The Golden Knights accepted a memorial presentation from the Thomas Jefferson Chapter in remembrance of those
66
Air Force POlY MAl Normall Wells receives award fronl A USA Chapter President Walter L Srnith (l) and Virginia Congressnail Robinson (I)
members who had met their deaths earlier in the year as a result of a plane crash and performed a skydiving demonstration that evening at a local park Business offices for the Thomas Jefferson Chapter AUSA were maintained this year by TJAGSA
Professional Liaison and Development As a result of the Schools reorganization in March of 1973 an Office for Professional Liaison and Development was established in the newly formed Department of Development Doctrine and Literature This office has been charged with maintaining liaison with professional associations as well as monitoring Law Day Activities for J AGe
lACC Recruiting During the year several members of the staff and faculty visited various law schools throughout the
AUSA President Smith (r) presents Monticello picture to (l to r) Congressman Robinson ilIiss Dogwood 1972 and Commander of the Colden Knights
67
country in an effort to recruit senior law students for the JAG Corps In addition the School receives numerous inquiries concerning admission into the Corps Packets containing information on admission requirements are provided upon request TJAGSA personnel are called upon to counsel and advise individuals from the Charlottesville area and the University of Virginia who are seeking admission to the Corps
Alumni Association The Alumni Association continued to grow during the fiscal year with approximately 2500 members on 30 June 1973 an increase of approximately 500 new members during the year The Association provides academic awards for Basic and Advanced Gasses maintains contact with the allied officers who have attended the School and gives a plaque and a cash award to the winner of the Annual Professional Writing Award During Fiscal Year 1973 three issues of the Alumni Newsletter were published which included news of events and conferences at the School a calendar of courses offered at the School and personal information on members of the Association The activities of the Association were financed by annual dues of one dollar for each member and contributions from interested members The Annual Report is distributed by the Alumni Association to all of its members each year
Coordination and financing of Association activities as well as editing and writing of the Alumni Newsletter and the Annual Report are responsibilities of the Assistant School Secretary
Lectures Reflecting the Schools role in educating officers of the other branches of the Army and the other services members of the faculty traveled widely giving lectures to diverse groups upon various aspects of military law A good example of how the knowledge of the faculty may be applied to the training of non-legal personnel was the course of instruction in procurement methods given to criminal investigators specializing in appropriated and nonappropriated procurement frauds
During the course of the year the School continued to build a close professional relationship with the Army War College Frequent visits there by the faculty of TJAGSA resulted in the incorporation of a considerable amount of current legal material into that course
A list of lectures given outside TJAGSA by facuIty members is contained in Appendix O
68
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New Building l-Indcr ConstructiOIl
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CHAPTER VIII
BUILDINGS AND SUPPORT ACTIVITIES
Section I
Buildings
Construction of the new Judge Advocate Generals School building began on 15 January 1973 and was scheduled for completion within 24 months The new building will be located in the same area as the new Law School and the Graduate School of Business Administration of the University of Virginia The basement level of the new building provides space fpr the administrative and logistics offices storage and library The library is designed with 32 individual study carrels and will accommodate 50000 volumes The ground level (or first floor) houses the academic department (approximately 60 offices) three classrooms to accommodate 50 100 and 200 students respectively four conference rooms which will accommodate 20 persons each eight smaller conference rooms for 12 persons each completely equipped moot courtrooms an auditorium with 125 seat capacity audio-visual room and student lounge On the second level are the offices of the commandant and other directorates of the School in addition to a two-bedroom VIP suite The third and fourth levels each have 32 individual BOQs with bath Also there are four two-room suites with bath and four two-room suites with bath and kitchen facilities on each floor The fifth floor is the officers open mess and dining facility which has a seating capacity of 120 people In addition the club will have patios on two of its sides
Due to a spring snow storm a sym bolic groundbreaking ceremony for the new building was held indoors on 12 April at the Groundbreaking Universitys George Baskerville Zehmer Hall COL Douglass MG Prugh
President Sharman
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After opening remarks by the Commandant Colonel John Jay Douglass Major General George S Prugh The Judge Advocate General of the Army joined with University of Virginia President Edgar F Shannon and Colonel Douglass in turning a symbolic shovel of earth which formally commenced the construction project
Among those attending the ceremonies were Army Colonel (Ret) Kenneth C Crawford Commandant of the School during the years when the plans for the new building were formulated and Professor John
President Shannon Speaks at Ritchie III a mem ber of the Schools Groundbreaking Ceremony original Board of Visitors Colonel Crawford
is now Director of Education and Training for the Federal Judicial Center Professor Ritchie formerly Dean of Washington (St Louis) Wisconsin and Northwestern Law Schools is presently on the faculty at the University of Virginias Law School Also in attendance were members of the current Board of Visitors
Attendees representing the various Armed Services included Major General Kenneth 1 Hodson former The Judge Advocate General of the Army now Chief US Army Legal Services Agency Rear Admiral Ricardo Allen Ratti Chief Counsel United States Coast Guard Colonel Charles J Keever Acting Director of the Judge Advocate Division United States Marine Corps and Colonel (Ret) Ralph D Pinto former TJAGSA Deputy Commandant
Others in attendance included William P Dickson J f a Norfolk attorney and formermiddot member of the Board of Governors of the American Bar Association representing Robert W Meserve President of the ABA C Norman Poirier immediate Past President of the Federal Bar Association Francis H Fife Mayor of the City of Charlottesville Gordon L Wheeler Albemarle County Board Chairman and Walter L Smith President of the Thomas Jefferson Chapter of the Association of the United States Army
The present Judge Advocate Generals School building a red brick building of Georgian architecture was dedicated on 26 September 1956 It contains offices and 19 furnished BOQ rooms In addition the building houses the School Library a conference room supply room and bookstore An Officers Open Mess and snack bar with outdoor patio is located on the fourth floor of the building Classrooms for the School are located in the University of Virginia Law School
72
Section 2
Support Activities
a Library alld Military Legal Center
The School generally furnishes each student with the basic textbooks and other classroom materials which he will need during a course However when additional references and research facilities are req uired students are encouraged to utilize the School Library the Law Library of the University of Virginia and Alderman Library the general library of the University
The Judge Advocate Generals School Library contains approximately 20000 volumes and is oriented toward military law There is a complete set of all Army regulations most federal legal materials and
a complete military justice library During LTC Edward C Seufert FY 1973 many historic military legal items School Secretary
and current books on military law were added to the Schools Military Legal Center one of the most extensive collections on military law past and present in existence Also during the year the Library staff completed a major portion of the complete cataloging of the Schools collection in order to provide a ready reference system for researchers
The Law Library Il1 Clark Hall contains over 200000 volumes and it is readily accessible to our students It has an extensive collection of published reports of the American federal and state courts the reports of the courts of the United Kingdom
lvlrs R Vivian Hebert treaties digests encyclopedias indices andLibrarian citator services It also contains the statutes
73
Leased Housing Units
BOQ Room
74
of the United States of the several states and of Great Britain The Library receives every current legal periodical of general interest printed in the English language
Alderman Library has about 2000000 volumes and a particularly fine collection of official Government publications It has been designated by the United States Government as a depository for public documents
h Billeting and Mess Facilities Bachelor officers quarters are available in The Judge Advocate Generals School BUilding Assignments of rooms may be obtained through the Billeting Officer Linens towels and maid service are provided All rooms are carpeted and air-conditioned and many have refrigerators and television sets
The School has a number of family housing units under government lease to be utilized as government quarters in lieu of BAQ Priority for the utilization of these units is first given to enlisted personnel and then to officers attending the Advanced Class The School Secretary and the University Housing Division maintain lists of available apartments and houses in the Charlottesville area
The top floor of The Judge Advocate Generals School building is used by the Officers Open Mess The Winthrop Room is furnished with large comfortable chairs and sofas a color television set piano and other accessories
Officers Open Mess
75
A snack bar located on the fourth floor and operated by the Officers Open Mess personnel now serves breakfast and lunch to its members During the evening hours refreshments and snacks are available
During the year the Mess sponsors a full program of activities and social events for the benefit of its members including dances buffets picnics class receptions social hours and other activities
c Boolzstore The Bookstore now located on the first floor of The Judge Advocate Generals School is easily accessible to all patrons Various personal items uniform accessories stationery supplies cigarettes and tobacco souvenir items and books are available
d Commissary Facilities During part of FY 73 the School was able to arrange for a truck to bring commissary products from Richmond to Charlottesville Although this service has been discontinued procedures are SSG John Huffman
being taken to have the operation reinstated Bookstore Manager
Commissary Operations in Charlottesville
76
e Logistics The Logistics Office provides assistance and advice in arranging for shipment andor storage of household goods for military personnel assigned to the School and members of the Advanced and Basic Classes In addition the Division provides budget and contracting services for all money expended by the School
f Personnel and Finance The Adjutants Office is responsible for the processing of all incoming and outgoing personnel the maintenance of individual records and the operation of the School mail room The office also acts as liaison with the Civilian Personnel Division at the US Army Foreign Science and Technology Center in Charlottesville which is responsible for the Schools civilian employees
Although the School has no finance CPT William K Thompson officer the Adjutants Office is available to Chief Logistics provide necessary assistance and advice in matters relating to pay and allowances Close contact is maintained with the servlcmg Finance and Accounts Offices in Washington and at Fort Lee
g Health Care Facilities The Judge Advocate Generals School lS sateIlitccl on Kenner Army Hospital at Fort Lee Virginia for medical and dental care Locally a contract surgeon provides outpatient services for military personnel Because of the distance from a US Army hospital dependents of personnel stationed at The Judge Advocate Generals School are entitled to the benefits provided under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS)
Dental care and eye examinations for military personnel assigned to the School are available from any local dentist and eye doctor on an individual contract basis CIYT Richard J Lynch however there are no provisions for such care Adjutant
for dependents
77
h Athletic Facilities Assigned and attached military personnel and all students are permitted to use all athletic facilities of the University of Virginia Both the School and the Intramural Department of the University have a limited amount of athletic eq uipment for the use of students and the staff and faculty
i Public Information Office During Fiscal Year 1973 the Plans Division succeeded by the Services Division conducted a comprehensive public information program with increased emphasis on obtaining the broadest possible coverage of all events occurring at The Judge Advocate Generals School
J Post J~idge Advocate During Fiscal Year 1973 following the reorganization of the School the Post Judge Advocate provided legal assistance to armed forces personnel and dependents in the Charlottesville area Liaison has been established with the local Red Cross and Legal Aid Society to assist the department in their respective fields of expertise The caseload averages over 50 clients per month and consists of the type of problems customarily encountered in legal assistance offices in the field
The Post Judge Advocate is also responsible for processing claims anS1J1g from incidents in the Charlottesville area and transit damage for all local military personnel The School has authority to settle and pay claims up to $1000 Fifty-five claims were processed in Fiscal Year 1973
CPT Robie and Miss Brown
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APPENDIX A
ORGANIZATIONAL ROSTER THE JUDGE ADVOCATE GENERALS SCHOOL
(As of 30 June 1973)
COMMANDANT COL John Jay Douglass
OFFICE OF THE SCHOOL SECRETARY
School Secretary LTC Edward C Seufert Post Judge Advocate and CPT William R Robie
Asst School Secretary Adjutant CPT Richard Lynch Chief Logistics CPT William K Thompson Budget Officer Mr Joseph S White Supply Sergeant SFC Eddie H Green Chief Services Division CPT Arthur R Shepherd Protocol Officer 2LT Richard D Lyles Manager Officers Open Mess SSG Joe Mauldin Librarian Mrs R Vivian Hebert
ACADEMIC DEPARTMENT
Director COL William S Fulton Jr Operations Officer MAJ John W Begiebing Project Officer CPT William S Hopson IV Assistant to Director CPT Thomas E Workman Paralegal Training Officer CW2 Charles L West Educational Advisor Mr John A Sanderson Deputy Director for MAJ James A Endicott Jr
Nonresident Instruction Extension Course Officer CPT Joseph W Hely Jr
Procurement Law Division
Chief MAJ Richard E Mowry Senior Instructor MAJ Terrence E Devlin Instructors CPT Richard C Bruning
CPT Thomas R Wagner
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International amp Comparative Law Division
Chief MAJ James R Coker Senior Instructor MAJ James J McGowan Jr Instructors MAJ Charles A White
CPT David E Graham
Criminal Law Division
Chief LTC Hugh R Overholt Senior Instructor MAJ Paul H Ray Instructors MAJ Nancy A Hunter
MAJ Philip M Suarez MAJ Francis A Gilligan CPT William H Parks USMC CPT Jan Horbaly CPT Edward J Imwinkelried
Civil Law Division
Chief LTC David A Fontanella Senior Instructor MAJ Paul J Rice Instructors MAT Jack F Lane Jr
CPT George W Clarke CPT Bernard R Adams CPT Ronald C Griffin CPT Donald N Zillman
RESERVE AFFAIRS AND SPECIAL PROJECTS
Assistant Commandant for LTC Keith A Wagner Reserve Affairs
JAGC Reserve Components LTC James N McCune Career Management
Training Office
Chief CPT Eldon D Roberts
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DEVELOPMENT DOCTRINE amp LITERATURE DEPARTMENT
Director Development Officer Professional Liaison Officer
Military Operations Management amp Plans
Chief InstructorProject Officer
Doctrine amp Literature
Chief Editor Military Law Review
LTC John L Costello Jr CPT Royal Daniel III CPT John D Horne
MAJ James R Wessel MAJ William J Dwyer
CPT Stephen L Buescher CPT Miles J Mullin
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APPENDIX B
BACKGROUND INFORMATION ON OFFICER PERSONNEL
1 Active Duty Personnel (As of 30 June 1973)
COLONEL JOHN JAY DOUGLASS JAGC Commandant AB 1943 University of Nebraska JD 1952 University of Michigan MA 1964 George Washington University LLM 1973 University of Virginia Member of the Bars of Nebraska Michigan Republic of Korea and the US Court of Military Appeals
COLONEL WILLIAM S FULTON JR JAGC Director Academic Department JD 1950 University of New Mexico Member of the Bars of New Mexico US Court of Oaims US Court of Military Appeals and the US Supreme Court
LIEUTENANT COLONEL JOHN L COSTELLO JR JAGC Director Development Doctrine and Literature Department AB 1952 Dickinson College JD 1955 Qickinson School of Law MS 1964 Fletcher School of Law and Diplomacy Member of the Bars of Pennsylvania Republic of Korea and US Court of Military Appeals
LIEUTENANT COLONEL DAVID A FONTANELLA JAGC Chief Civil Law Division BS 1957 University of Connecticut JD 1964 UniversityofMichiganMEd 1973 University of Virginia Member of the Bars of Connecticut the US Court of Military Appeals and the US Supreme Court
LIEUTENANT COLONEL JAMES N McCUNE JAGC Chief Reserve Training BBA 1953 University of Toledo JD 1959 Georgetown University Law School LLM 1963 Georgetown University Law School Member of the Bars of Virginia the US Court of Oaims the US Court of Military Appeals and the US Supreme Court
LIEUTENANT COLONEL HUGH R OVERHOLT JAGC Chief Criminal Law Division BA 1955 JD 1957 University of Arkansas Member of the Bars of Arkansas US Court of Military Appeals and the US Supreme Court
LIEUTENANT COLONEL EDWARD C SEUFERT FA School Secretary BS 1955 University of Maine
LIEUTENANT COLONEL KEITH A WAGNER JAGC Assistant Commandant for Reserve Affairs BA 1954 JD 1964 Duquesne University Member of the Bars of Pennsylvania the District of Columbia US Court of Military Appeals and the US Supreme Court
83
MAJOR JOHN W BEGIEBING Armor Deputy Director Academic Department BS 1957 Norwich University MA 1968 Stanford University
MAJOR JAMES R COKER JAGC Chief International and Comparative Law Division BA 1960 University of Notre Dame LLB 1961 University of Notre Dame MA 1970 Fletcher School of Law and Diplomacy Member of the Bars of Indiana the US Court of Military Appeals and the Federal District Court of Maryland
MAJOR TERRENCE E DEVLIN JAGC Senior Instructor Procurement Law Division BPh 1962 University of North Dakota JD 1965 University of North Dakota School of Law Member of the Bars of North Dakota US Court of Military Appeals US Court of Garms and the US Supreme Court
MAJOR WILLIAM 1 DWYER JR Armor InstructorProject Officer Military Operations Management and Plans BS 1960 The Citadel
MAJOR JAMES A ENDICOTT JR JAGC Deputy Director for Nonresident Instruction Academic Department BS 1960 The Citadel JD 1968 George Washington University Member of the Bars of Virginia the US Court of Military Appeals and the US Supreme Court
MAJOR FRANCIS A GILLIGAN JAGC Instructor Criminal Law Division BA 1961 Alfred University 1D 1964 State University of New York at Buffalo LLM 1970 The George Washington University Member of the Bars of New York the US Court of Military Appeals and the US Supreme Court and admitted to practice before the Court of Appeals State of New York
MAJOR NANCY A HUNTER JAGC Instructor Criminal Law Division AB 1959 University of Colorado JD 1967 Georgetown Law Center Member of the Bars of Virginia the US Court of Military Appeals and the US Supreme Court
MAJOR JACK F LANE JR JAGC Instructor Civil Law Division BA 1963 University of the South LLB 1966 University of Virginia Law School Member of the Bars of Virginia the US Court of Military Appeals and the US Supreme Court
MAJOR JAMES J McGOWAN JAGC Assistant Chief International and Comparative Law Division BS 1959 Spring Hill College LLB 1962 New York Law School LLM 1970 Georgetown University Law School Member of the Bars of New York the US Court of Military Appeals and the US Supreme Court
MAJOR RICHARD E MOWRY JAGC Chief Procurement Law Division AB 1957 College of Emporia LLB 1960 Washburn University Member of the Bars of
84
Kansas the US Court of Claims the US Court of Military Appeals and the US Supreme Court
MAJOR PAUL H RAY JAGC Senior Instructor Criminal Law Division BS 1955 Connecticut State College LLB 1963 Duke University Law School Member of the Bars of North Carolina the US Court of Military Appeals and the US Supreme Court
MAJOR PAUL J RICE JAGC Senior Instructor Civil Law Division AB 1960 JD 1962 University of Missouri LLM 1970 Northwestern University Member of the Bars of Missouri Illinois the US District Court for the Northern District of lllinois USCourt of Military Appeals and the US Supreme Court
MAJOR PHILIP M SUAREZ JAGC Instructor Criminal Law Division AB 1960 Boston College LLB 1963 Harvard Law School LLM 1970 University of Michigan Member of the Bar of Massachusetts
MAJOR JAMES R WESSEL Armor Chief Military Operations Management and Plans BS 1958 United States Military Academy
CAPTAIN BERNARD R ADAMS JAGC Instructor Civil Law Division AB 1966 Brown University LLB 1969 Yale Law School Member of the Bars of New York and the US Court of Military Appeals
CAPTAIN RICHARD C BRUNING JAGC Instructor Procurement Law Division BBA 1965 University of Iowa JD 1968 University of Iowa Member of the Bars of Iowa the US Court of Military Appeals the US Court of Claims and the US Supreme Court
CAPTAIN STEPHEN L BUESCHER JAGC Senior Legal Editor BA 1966middot Allegheny College JD 1969 Case Western Reserve University Member of the Bars of Ohio and the US Court of Military Appeals
CAPTAIN ROYAL DANIEL III JAGC Combat Development Officer BA 1967 Yale University LLB 1970 LLM 1972 University of Virginia Member of the Bars of Virginia and the US Court of Miiitary Appeals
CAPTAIN DAVID E GRAHAM JAGC Instructor International and Comparative Law Division BA 1966 Texas AampM University MA 1968 The George Washington University JD 1971 University of Texas School of Law Member of the Bars of Texas and the US Court of Military Appeals
85
CAPTAIN RONALD C GRIFFIN JAGC Instructor Civil Law Division BS 1965 Hampton Institute JD 1968 Howard University Law School Member of the Bars of the District of Columbia and the US Court of Military Appeals
CAPTAIN JOSEPH W HELY JR JAGC Extension Course Officer BA 1969 Texas AampM JD 1972 St Louis University Member of the Bars of Missouri and the US Court of Military Appeals
CAPTAIN WILLIAM S HOPSON IV JAGC Project Officer Academic Department BA 1966 LLB 1969 the University of Virginia Member of the Bars of the State of Virginia and the US Court of Military Appeals
CAPTAIN JAN HORBALY JAGC Instructor Criminal Law Division BA 1968 1D 1969 Case Western Reserve Member of the Bars of Ohio and the US Court of Military Appeals
CAPTAIN JOHN D HORNE JAGC Professional Liaison Officer BS 196810 1971 University of Tennessee Member of the Bars of Tennessee and the US Court of Military Appeals
CAPTAIN EDWARD J IMWINKELRIED JAGC Instructor Criminal Law Division BA 196710 1969 University of San Francisco Member of the Bars of California and the US Court of Military Appeals
CAPTAIN RICHARD 1 LYNCH AGC Adjutant BS 1967 The Citadel MBA 1972 Florida State University
CAPTAIN MILES 1 MULLIN JAGC Editor Military Law Review Doctrine and Literature Division BA 1967 Texas Christian University JD 1970 St Marys Member of the Bars of Texas and the US Court of Military Appeals
CAPTAIN WILLIAM H PARKS USMC Instructor Criminal Law Division BA 1963 JD 1966 Baylor University Member of the Bars of Texas Washington and the US Supreme Court
CAPTAIN ELDON ROBERTS JAGC Career Management Officer Reserve Affairs BA 1960 JD 1961 University of North Dakota Member of the Bars of North Dakota and the US Court of Military Appeals
CAPTAIN WILLIAM R ROBIE J AGC Assistant School Secretary and Post Judge Advocate BA 1966 1D 1969 Northwestern University Member of the Bars of Illinois the US Court of Military Appeals and the US District Court for the Northern District of Illinois
86
CAPTAIN ARTHUR R SHEPHERD AGC Services Division Coordinator BS 1966 United States Military Academy
CAPTAIN WILLIAM K THOMPSON QMC Chief Logistics BA 1965 Marquette University JD 1968 University of Wisconsin Law School Member of the Bar of Wisconsin
CAPTAIN THOMAS R WAGNER JAGC Instructor Procurement Law Division BS 1967 Bucknell University JD 1970 Temple University Member of the Bars of Pennsylvania and the US Court of Military Appeals
CAPTAIN THOMAS E WORKMAN JAGC Assistant to Director Academic Department BS 1966 Ohio State University JD 1969 Ohio State University College of Law Member of the Bars of Ohio and the US Court of Military Appeals
CAPTAIN DONALD N ZILLMAN Instructor Civil Law Division BS 1966 JD 1969 University of Wisconsin LLM 1973 the University of Virginia Member of the Bars of California Wisconsin and the US Court of Military Appeals
CW2 CHARLES L WEST Paralegal Training Officer Academic Department
87
2 Mobilization Designees
COLONEL DEMETRI M SPIRO JAGC USAR Deputy Commandant AB University of Chicago 1941 JD DePaul University 1948 Private practice of law Chicago Illinois
COLONEL BENJAMIN H SCHLEIDER JAGC USAR Assistant Director Academic Department BS Agricultural and Mechanical College of Texas 1943 JD University of Houston 1950 Private practice of law Houston Texas
LIEUTENANT COLONEL MORRIS B PETERSON JAGC USAR Assistant Chief Civil Law Division BS University of Oklahoma 1949 LLB University of Oklahoma 1952 LLM New York University 1959 Dean of School of Law University of Tulsa School of Law
LIEUTENANT COLONEL DANIEL J MEADOR JAGC USAR Instructor Civil Law Division AB Auburn University 1949 LLB University of Alabama 1951 LLM Harvard University 1954 Professor University of Virginia School of Law
MAJOR JAMES L BLAWIE JAGC USAR Instructor Civil Law Division BA University of Connecticut 1950 AM Boston University 1951 JD University of Chicago Law School 1955 PhD Boston University 195-9 Professor of Law University of Santa Oara School of Law
MAJOR GEORGE KALINSKI JAGC USAR Instructor Civil Law Division AB Wayne State University 1957 JD Wayne State University 1959 LLM Harvard University 1964 Private practice of law Marina Del Rey California
MAJOR FRANCIS J LARKIN JAGC USAR Instructor Civil Law Division BS Holy Cross College 1954 LLB Georgetown University Law Center 1957 LLM Georgetown University Law Center 1958 Professor Boston College Law School
CAPTAIN WALTER T COX JAGC USAR Instructor Civil Law Division BS Oemson University 1964 JD University of South Carolina 1967 Private practice of law Anderson South Carolina
CAPTAIN ROBERT P DAVIDOW JAGC USAR Instructor Civil Law Division AB Dartmouth College 1959 JD University of Michigan 1962 LLM Harvard University 1969 Professor Texas Tech University School of Law
LIEUTENANT COLONEL AARON S CONDON JAGC USAR Assistant Chief Criminal Law Division BA University of Alabama 1950 LLB University of Mississippi 1952 Associate Professor of Law University of Mississippi
LIEUTENANT COLONEL FRANK W ELLIOTT JAGC USAR Instructor Criminal
88
Law Division BA University of Texas 1951 LLB University of Texas 1957 Professor University of Texas at Austin
LIEUTENANT COLONEL EDWARD L MAGILL JAGC USAR Instructor Criminal Law Division BBA University of Miami 1952 JD University of Miami 1957 Private practice of law Miami Florida
LIEUTENANT COLONEL BENJAMIN M WALL JAGC USAR Instructor Criminal Law Division AA and AB Nebraska and Duke Universities 1951 LLB Harvard Law School 1953 Private practice of law Omaha Nebraska
MAJOR CHAPIN D CLARK JAGC USAR Instructor Criminal Law Division AB Kansas University 1952 LLB Kansas University 1954 LLM Columbia University 1959 Professor of Law University of Oregon
MAJOR THEODORE F FAY JR JAGC USAR Instructor Criminal Law Division BA State University of Iowa 1959 JD State University of Iowa 1962 Private practice of law Hugoton Kansas
CAPTAIN THOMAS C MARKS JR JAGC USAR Instructor Criminal Law Division BS Florida State University 1960 LLB Stetson University 1963 PhD University of Florida 1971 Professor Stetson Law School St Petersburg Florida
LIEUTENANT COLONEL PAUL D SUMMERS JR JAGC USAR Instructor International and Comparative Law Division BS U S Military Academy 1951 LLB University of Virginia School of Law 1957 Trust Officer Citizens Bank amp Trust Company Charlottesville Virginia
MAJOR PASCO M BOWMAN JAGC USAR Instructor International and Comparative Law Division BA Bridgewater College 1955 LLB New York University 1958 Dean Wake Forest University School of Law
MAJOR PAUL M GREEN JAGC USAR Instructor International and Comparative Law Division BBA University of Texas 1957 LLB and JD University of Texas 1957 Private practice of law San Antonio Texas
MAJOR FREDERICK GOLDSTEIN JAGC USAR Instructor International and Comparative Law Division BA Yale University LLB University of Virginia 1958 Private practice of law Boston Massachusetts
CAPTAIN JORDAN J PAUST JAGC USAR Instructor International and Comparative Law Division AB University of California 1965 J S University of California 1968 LLM University of Virginia 1972 J SD Candidate Yale Law School New Haven Connecticut
89
CAPTAIN EDWARD F SHERMAN JAGC USAR Instructor International and Comparative Law Division AB Georgetown University 1959 MA (History) University of Texas 1967 MA (English) University of Texas 1967 LLB Harvard 1972 Assistant Professor Indiana University School of Law Bloomington Indiana
LIEUTENANT COLONEL DONALD H HEDGES JAGC USAR Instructor Procurement Law Division BA University of Washington 1950 LLB University of Washington 1954 Attorney U S Department of Commerce Seattle Washington
MAJOR DONALD T WECKSTEIN JAGC USAR Assistant Chief Procurement Law Division BBA University of Wisconsin 1954 LLB University of Texas 1958LLM Yale Law School 1959 Professor San Diego School of Law San Diego California
MAJOR STRATTON R HEATH JAGC USAR Instructor Procurement Law Division BBA University of Wisconsin 1959 JD University of Wisconsin 1961 Attorney Office of Regional Counsel HITCO Denver Colorado
MAJOR JOHN S MILLER III JAGC USAR Instructor Procurement Law Division BA Hamilton College 1959 LLB University of Virginia 1962 LLM National Law Center George Washington University 1970 Attorney Office of General Counsel GSA Washington DC
MAJOR ROBERT L McCLOSKEY JAGC USAR Assistant Chief Special Training Division ~LB Georgetown University Law Center 1954 LLM Georgetown University Law Center 1955 Attorney Appalachian Regional Commission Washington DC
LIEUTENANT COLONEL EDWARD J ATKINS JAGC USAR Assistant Director Developments Doctrine and Literature Department LLB University of Miami 1963 Private practice of law Miami Florida
CAPTAIN DAVID C CUMMINS JAGC USAR Legal Writer Developments Doctrine and Literature Department BS University of Idaho 1957 LLB University of Washington 1960 Professor Texas Tech University Lubbock Texas
CAPTAIN STEPHEN DAVIS JAGC USAR Legal Writer Developments Doctrine and Literature Department BA Dickinson College 1960 LLB Columbia University 1963 Assistant District Attorney Kings County New York
CAPTAIN WINSTON M HAYTHE JAGC USAR Project Officer Office of the School Secretary BS Southwest Missouri State College 1963 JD College of William and Mary 1967 Private practice of law Washington DC
CAPTAIN CHARLES P ROSE JR JAGC USAR Project Officer Office of the School Secretary AB College of William and Mary 1964 JD Western Reserve University 1967 Assistant Professor Wake Forest University School of Law Winston-Salem North Carolina
90
APPENDIX C
ALLIED STUDENTS - FY 1973
LTC Leon O Ridao Philippines 21 st Advanced Class
MAJ Feraidoon Haji-Aboutaleb Tehrani Iran 21 st Advanced Class
Squadron Leader S M Anwar Pakistan Air Force 21 st Advanced Class
MAJ D H D Selwood United Kingdom 66th Basic Course
CPT Husni Salem AI Omari Jordan 66th Basic Course
91
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APPENDIX F
THESIS TOPICS AND SCOPE NOTES 21 st ADVANCED CLASS
CAPTAIN EILEEN M ALBERTSON USMC The Reversion of Okinawa Its Effect on the International Law of Sovereignty Over Territory
This thesis will analyze the principle that sovereignty over territory once recognized is perpetual and absolute until it is contractually agreed otherwise To do this Okinawa will be used as the factual model and four generally recognized principles of international law will provide the legal basis for discussion After setting the factual and legal stage a determination will be made as to Okinawa IS legal status in the international community the significance of that status the effect of the reversion of Okinawa as evidence of the acceptance of the proposed principle as well as its significance as a basis of major precedent in establishing the principle as international law Finally the relevance of the principle and its applicability and enforceability in a present day situation namely the Middle East crisis will be evaluated
SQUADRON LEADER SHEIKH MUHAMMAD ANWAR Pakistan Administration of Justice in the Pakistan Air Force
A brief review of the development of Pakistan is presented as a background for an explanation of the legal system of the Pakistan Air Force Major aspects of criminal legal system are discussed and include the jurisdictional extent of Air Force law over persons for investigation of charges and summary punishments organization structure and procedures of courts-martial and appellate and constitutional rights of service members Based on a comparative analysis of Pakistan and US military laws recommendations for improvements in limited areas of both systems are presented and discussed
CAPTAIN H JERE ARMSTRONG The Right of Confrontation=Then and Now
This article presents a study of the historical development of the Sixth Amendment Right of Confrontation in Federal and Military courts an analysis of seven tests suggested by the courts for determining when there has been a confrontation within the meaning of the Constitution and a consideration of the term actual unavailability as it relates to the admissibility of extrajudicial declarations in trials by court-martial
MAJOR JAMES A BADAMI Servicemens Unions Constitutional Desirable Practical
This paper examines the historical development of labor-management relations in
97
the private and the public sectors in seeking understanding of the basis for proposed servicemen IS unions It discusses the applicability and limitations of First Amendment rights to members of the military illustrated in court cases and administrative regulations A theoretical justification for such unions is based on successful examples from foreign countries aspects of unionism already present in the American military system and the demonstrated need for unions as an effective grievance procedure The conclusion offers guidelines and boundaries for the operation of servicemen IS unions within the military
LIEUTENANT COMMANDER ROBERT C BERKLEY USN Tax Planning and the Middle-Income Military Investor
This thesis presents an examination of present federal laws relating to tax planning for the middle-income military investor The analysis includes suggestions for tax minimizatiori for the military investor in securities and real estate as well as tax advice designed to assist the military investor in his ultimate goal of family security
MAJOR RICHARD S BUCK IV What Privileges Does the King Still Have in the Market Place
The defense of sovereign acts permits the Government to perform general and public acts as opposed to contractual acts and not be financially responsible to its contractors for the consequences of such acts This paper describes the past history of this doctrine and how it is applied today in such areas as minimum wage laws diplomatic affairs military operations excusable delay internal government operations etc Some changes in this doctrine could be made by changes in standard Government contract provisions
CAPTAIN BERNARD ROLLINS CARPENTER Enlistment--A Contract Status or Marriage
An historical approach to determine the legal nature of the enlistment relationship reveals potential issues which may be a basis for substantial litigation The enlistment relationship as an alleged legal contract and potential legal premises resulting therefrom are questioned in light of statutory enactments and court decision Suggested alternatives to the relationship by courts and writers are reviewed and analyzed for legal efficacy A seemingly settled area may become quite controversial as a volunteer Army is realized The purpose of this thesis is to point out potential areas of dispute define the relationship and suggest possible alternatives
CAPTAIN GEORGE W CLARKE Political Activity of Servicemen The Military Hatch Act and the First Amendment
Political activity by members of the armed forces is severely limited by military
98
regulations This regulatory scheme raises fundamental questions regarding the extent to which the First Amendment applies to servicemen the authority for promulgation of the regulations and the underlying reasons asserted to justify the restrictions This thesis attempts to answer those questions
CAPTAIN JAMES P COLEMAN Waiver by Guilty plea
This thesis examines the doctrines of waiver by guilty plea in military law and formulates a tentative rule by which current and future waiver issues may be analyzed In addition possible future developments in this evolving area of litigation are examined with reference to their probable effect upon the current state of the law
MAJOR DAVID B CRAIG Control and Discipline in the United States Army Reserve
This thesis will present an analysis of the procedures available to the US Army Reserve Unit Commander for the control and discipline of his troops to include a determination of unsatisfactory participation involuntary call to active duty administrative reduction and elimination Additionally this thesis will silhouette the present system against the desires and concepts of the modern volunteer Army to produce specific suggestions and recommendations for the future
CAPTAIN JERALD D CROW USMC Emoluments of Military Service as Community Property
The effects of community property law upon military emoluments are little known nor considered by servicemen Military attorneys counseling servicemen contemplating divorce in community property states are usually unfamiliar with community property implications and have no readily available source of information The author has drawn together the bulk of cases from all community property jurisdictions construing military emoluments An analysis is made of major cases problem areas discussed and conclusions presented as to the commun~ty character of each emolument considered Recommendations are made for dealing with possible problem areas
MAJOR LEONARD H DANCHECK Forgotten My Lais US Intervention Occupation and Pacification in Haiti (1915-1920)
This artic1~ is a case study of the causes and background of the 1915 United States intervention in Haiti the subsequent United States occupation of the country the suppression in 1919-1920 of the insurrection that developed in opposition to American control the alleged atrocities committed during the suppression the reaction to the alleged atrocities by the nations press and the investigations of the alleged atrocities by the Navy Marine Corps and the United States Senate
99
CAPTAIN HOWARD C EGGERS The Specificity Required in Military Search Warrants
This thesis discusses the need for a definite description of the place to be searched and the things to be seized in military search warrants It is an attempt to define specificity standards for the use of military magistrates in drafting warrants An analysis of current civilian standards as revealed in federal case law and present military practices in the search area establishes certain guidelines to be followed
CAPTAIN RUSSELL J FONTENOT Development of the Staff Legal Officers Responsibility Under the Law of War
A study of the origins and development of the criminal responsibility of the individual staff legal officer under the law of war consideration is given to both the effects of international law and the municipalized law of war a detailed analysis is made of the substantive international standards announced at Nuennberg and how these standards were applied not only to the lawyer but also to the commander and his other staff officers
CAPTAIN ROBERT M FRAZEE Flag Desecration Symbolic Speech and the Military
To analyze federal law selected state laws and Army regulations concerning flag desecration as it pertains to freedom of speech Emphasis will be placed upon the public and private interests what is meant by desecration of the flag what is a flag within the meaning of these statutes and what are the particular military interests and responsibilities in the enforcement of flag desecration statutes
MAJOR WENDELL R GIDEON Federal Medical Care Recovery Act Methods and Sources of Recovery and the Impact of No-Fault Insurance
This thesis examines the methods and sources of recovery under the Federal Medical Care Recovery Act and recommends ways of increasing their effectiveness In addition an analysis is made as to the impact that no-fault insurance will have upon the recovery program and to recommend ways of solving the problems which no-fault legislation appears to have created to include enactment of National No-Fault Law and amending the Federal Medical Care Recovery Act itself
CAPTAIN DEWEY CABELL GILLEY JR Using Counsel to Make Military Pretrial Procedure More Effective
An examination of what the role of counsel in pretrial procedure in the military should be Specifically when the right of counsel attaches currently and under constitutional standards what the role of counsel is in pretrial procedure in the military and in civilian jurisdictions and what the role of counsel would be in pretrial procedure
100
as changed by Army pilot programs and by proposed amendments to the Uniform Code of Military Justice The thesis recommends utilizing the safeguards of civilian jurisdictions in pretrial procedure in the military in a way which will preserve command responsibility for morale and discipline
CAPTAIN CHARLES H GIUNTINI Motivating the Military Lawyer
The current retention outlook concerning Judge Advocate General officers and the projections regarding the retention problems of the future require critical analysis of all aspects of the management of those serving on active duty in the corps This thesis discusses the concept of job safisfaction in an attempt to provide the Judge Advocate Manager meaningful suggestions concerning the motivation of the military lawyer
CAPTAIN JOHN C GOLDEN III Doctrine of Immunity Regarding Military Personnel and Federal Employees for Official Acts
An examination of personal liability and the doctrine of immunity pertaining to military personnel and other federal employees for tortious conduct arising from official acts with proposals for providing adequate remedies
CAPTAIN ARTHUR G HAESSIG The Soldiers Right to Procedural Due Process The Right to be Heard
An analysis of the enlisted soldiers right to be heard as an element of procedural due process in certain adverse personnel actions In particular an analysis of present Army regulatory procedures and the due process right to be heard in the revocation of security clearances enlisted separation for unfitness and unsuitability enlisted reduction for civil conviction and for inefficiency bars to reenlistment reclassification of the enlisted soldiers Military Occupational Specialty (MOS) and to the extent that the soldiers career is adversely affected by the preceding actions the Armys Qualitative Management Program The analysis examines thes~ procedures in light of current law and proposes a general regulatory change to insure the soldiers right to be meaningfully heard
MAJOR WILLIAM J HEMMER Violation of the Military Superior--Subordinate Relationship is a Crime Isn It
In the midst of vast hue and cry for the civilization of military justice exists a strident count~rvailing assertion that the Armys discipline is goinghas gone to hell in a handbasket because military justice is too civilianized The author undertakes an interdisciplinary examination of a microcosm the application of criminal sanctions to fraternizations by an officer with an enlisted man From this examination conclusions are drawn as to the dilemma of the larger unity
101
CAPTAIN FRANKLIN D HOLDER USMC A Historical Development of Mutiny
A study of the federal and military acts of mutiny with particular emphasis on the historical development of the substantive law and the jurisdictional aspects
MAJOR WAYNE R ISKRA The Right to Privacy in the Military Service
Trace the historical role of the commander to conduct inspects and briefly compare it with the role of the commander in authorizing searches based on probable cause Compare the military case law on the right of the commander to inspect barracks on post housing place of duty and conduct inventories with the recent civilian case law involving inspections by governmental agencies on private homes and businesses Evaluate the VOLAR concept which appears to place emphasis on making military life more attractive to the soldier ie individual rooms in barracks with the need to solve pressing military problems ie drug abuse Attempt to reach some conclusions as to whether the right of the commander to conduct inspections can andor should b~ broadened I intend to utilize military and civilian law review articles legal and nonlegal publications and civilian and military court decisions with special emphasis on US v Biswell 40LW4489 (1972) and US v Grace 42 CMR 11 (1970)
MAJOR THOMAS A KNAPP Problems of Consent in Medical Treatment and Human Experimentation
After a general review of the history and origin of informed consent the thesis concentrates on the nature of consent with emphasis on the consent form inquiry into the emergency doctrine an analysis of the qualified right of an adult to refuse medical care and an examination of informed consent in human experimentation with comment on the Tuskegee Study The author concludes that a revision of consent forms should insure that the individual has given informed consent that the Army Regulation dealing with the refusal of medical care should be revised to comport with civilian standards and a disinterested third party assist in obtaining informed consent in the area of human experience
CAPTAIN WILLIAM J LEHMAN Suffer the Little Children Child Maltreatment in the Military
This paper examines child maltreatment in an historical context and traces the evolution of civilian laws designed to protect maltreated children The existence of child maltreatment in military families is documented and an analysis made of the existing methods for dealing with the problem within the military The problems peculiar to administration of a child welfare system by the military including jurisdiction and available resources are examined in depth Recommendations are advanced for improving the
102
handling of child maltreatment in the military environment
LIEUTENANT COLONEL MARTIN R LOFTUS What is a Custodial Interrogation in
Military Legal Practice
The objective of this thesis is to determine what is a custodial interrogation in military legal practice Analysis includes a determination of when an interrogation becomes custodial examining five possible texts of focus subjective belief of the person being questioned objective belief of the person being questioned subjective intent of arresting officer and whether the person being questioned is objectively or subjectively a suspect In addition an analysis is also made of what is an interrogation examining the areas of spontaneous statements verbal acts searches handwriting and voice identification
MAJOR HALDANE ROBERT MAYER Constitutionality of Commander Authorized Searches and Seizures
This is a study of the evolution of the constitutional mandate that searches be authorized by neutral and detached magistrates and not by officials engaged in the police activities of government The core of the study is an investigation of search authorization practices in military law specifically the Army and a judgment as to their compliance with the Supreme Courts Fourth Amendment requirement of impartiality on the part of the officer who authorizes searches Recommendations for change in the military process conclude the study
CAPT AIN KENNETH M MITCHELL Is Article 117 Unconstitutional Due to Vagueness and Contrary to the First Amendment
This thesis presents a review and analysis Qf past military decisions involving the offense of Article 17 provoking words and gestures with particular emphasis on the question whether Article 17 is unconstitutional due to vagueness and contrary to the protection afforded by the First Amendment
MAJOR CHARLES A MURRAY The Power of the Post Commander to Proscribe Speech and Expression
A study of the power of the post commander to proscribe speech and expression on post with particular emphasis on those powers explicitly set forth by statutes those powers implicit by statutes and regulations and the recent case law with a view towards ascertaining the current legal status of those powers
103
CAPTAIN WILLIAM J NORTON II United States Obligations Under Status of Forces Agreements A New Method of Extradition
This article examines the rights and obligations acquired and undertaken by the United States Government and its Armed Forces under the numerous Status of Forces Agreements concluded by the United States since 1951 to determine whether the United States has any international duty stemming from those agreements to return to foreign states or in effect to extradite individuals who allegedly commit crimes in the foreign state but happen to depart that state before its full criminal processes have been exhausted
CAPTAIN MAURICE J OBRIEN Scanwell-Light at the End of the Tunnel
This article analyzes an unsuccessful bidders entitlement to judicial review of a procurement award It also examines the judicial remedies available to an unsuccessful bidder and the rules and procedures for their application It evaluates the effects and the effectiveness of the judicial relief provided and it concludes with a suggestion for a more appropriate review procedure
CAPTAIN WILLIAM H PARKS USMC Command Responsibility
A comparative analysis of war crimes trials involving command responsibility in order to determine the standards required of a military commander in combat with regard to prevention investigation reporting and prosecution of war crimes Included in this examination will be a view of the criminal responsibility of the com bat commander possible offenses and the question of degree of intent required
CAPTAIN FRANK J PYLE JR Light at the End of the Tunnel-Prison Exile or Amnesty
Beginning with the backdrop of dissent and the end of United States participation in Vietnam the history of amnesty is examined The emphasis is on United States history and the sources of authority for granting amnesty in the United States To focus on todays situation the possible amnesty claimants are examined as well as the forms in which an amnesty might be granted Considerations and arguments for and against granting amnesty are given Possible implementation is examined with a prediction as to the possibility of a post-Vietnam amnesty
CAPTAIN ROYCE C RICH Liability Under the Federal Tort Claims Act During Permanent Change of Station Travel
The purpose of this thesis is to examine the divergent holdings of the various United States Circuit Court of Appeals on the issue of scope of employment under the Federal
104
Tort Claims Act in the case of nilitary personnel during permanent change of station travel An analysis will be made of the factors considered by the courts in their opinions and a comparison will be made with the legislative intent of Congress when it passed the Federal Tort Claims Act Finally appropriate corrective action will be outlined which will help preserve the intent of Congress when it passed this Act
LIEUTENANT COLONEL LEON O RIDAO Republic of the Philippines The Philippine Claims to Internal Waters and Territorial Sea An Appraisal
Who shall control the seas and for what purposes These Professor Schewebel states are the great issues involved in the contemporary worldwide struggle over the content of the law of the sea Nations of the world have been confronted with these issues ever since the great voyages of discoveries and the growth of navies of the States Recent advances in technology have heightened the conflict In view of such technological strides more and more States have found greater need for the exercise of sovereignty or jurisdiction over larger portions of the sea adjacent to their coasts than ever before Asserted interests are diverse and important The result is the rise of so many competing national claims that it may well be said that the present international law of the sea like the sea itself is in perpetual movement it is in a state of upheaval
The Republic of the Philippines consider as part of its national territory all the waters lying within the international treaty limits of the Philippines
It is the purpose of this study to determine the validity under international law of these Philippine claims to its internal waters and territorial sea
CAPTAIN JEROME W SCANLON JR The Scope of a Search Incident to a Lawful Arrest
This thesis presents an analysis of the law of the scope of a search incident to a lawful arrest as developed by the United States Supreme Court and other courts The author develops the rationale used to formulate the rules in the three types of areas which are the subject of such a search-the premises where the arrest took place the vehicle driven or occupied by the accused at the time of arrest and the search of the arrestees person This thesis also outlines the considerations which must be taken into account by the arresting police officers and the prosecuting attorney in order to sustain a particular search
CAPTAIN WILLIAM N SCHNELL The Decline of the Judicial Doctrine of Nonreviewability of Military Decisions Ordering or Denying Discharges
An examination of recent federal court decisions revealing an increased judicial trend to review some administrative proceedings affecting internal matters of the military and maintaining the traditional judicial doctrine of nonreviewability of military discretionary acts
105
CAPTAIN TIMOTHY J SIMMONS The Post Trial
This thesis briefly examines the historical antecedents to the present post trial review It then discusses the present requirements which have been imposed statutorily and judicially Alternative approaches to the present formalized system are discussed and specific recommendations are made to create a more workable post trial review Finally an interim approach is recommended to reduce the problems with the post trial review until statutory changes can be made
MAJOR FERAIDOON H TEHRANI Imperial Iranian Army Comparison of Military and Civilian Criminal Procedures in Iran
This paper examines the criminal proced ures in the military and civilian courts in Iran Where the procedures are similar the military court procedure is discussed otherwise the differences are reviewed and compared in detail
CAPTAIN CHARLES W TRAINOR The Buy American Act An Examination Analysis and Comparison
This study examines the principles of the Buy American Act from its inception through its present application noting those consistencies and inconsistencies with the original legislative intent of the 1933 Act and resultant effect of the Executive Order of 1954 The Act is further compared with the Most Favored Nation IS Gause and the exculpatory paragraphs of the General Agreements on Tariffs and Trade dealing with buy-national policies of its member states The buy-domestic policies of seventeen nations are then set forth distinguishing the United States policy as enumerated in the Act Concluding the study are suggestions for further implementation of the Act making it more responsive to those it was intended to serve
MAJOR CHARLES A WHITE JR Residual Value--Candles and Costs
This paper discusses the problems inherent in the recovery of residual value for United States investments in the Federal Republic of Germany 1963-1973 It details the background of the US operations concerning real estate through the Occupation Period (1945-1955) and into the Contractural Relations Period (1955-1963) The negotiations of the Damages and Residual Value Articles of the Supplementary Agreement is covered in detail The paper encompasses all legal and practical aspects arising under the provisions of Articles 41 and 52 as they pertain to residual value A general world-wide survey of the subject is not included
106
APPENDIX G
GUEST MEMBERS THESIS EVALUATION COMMITTEES 21 st ADVANCED CLASS
Brigadier General Edmund Montgomery USAR Lieutenant Colonel Thomas H Davis
Administrative Law Division OTJAG Colonel R D Michelson
USMC HQ U S Marine Corps Washington D C Professor Robinson O Everett
Duke University Durham North Carolina Dr Thomas H Hunter
UVA Medical School Professor Lawrence Gaughan
Washington amp Lee University School of Law Lieutenant Colonel Wayne E Alley
Judge U S Army Court of Military Review Professor John Ritchie
UVA Law School Major General Kenneth J Hodson
Chief Judge U S Army Court of Military Review Lieutenant Colonel Richard McNealy
Deputy International Affairs Division OTJAG Professor Walter J Wadlington
UVA Law School Mr James Michael
Office of Legal Adviser Department of State Major William G Eckhardt
Litigation Division OTJAG Lieutenant Colonel Ronald M Holdaway
Chief Government Appellate Division OTJAG Professor Richard E Speidel
UVA Law School Professor Carl McFarland
UVA Law School Professor Charles H Whitebread
UV A Law School Mr John Schulz
Editor-in-Chief Military Law Reporter Washington D C Colonel Joseph Van Oeve Jr
Chief Contract Appeals Division OTJAG
107
Colonel William T Rogers Senior Judge U S Army Court of Military Review
Professor James Bond Washington amp Lee University School of Law
Professor Donald Curtis Administrative Assistant Graduate School of Business Administration UVA
Brigadier General Lawrence H Williams Assistant Judge Advocate General for Military Law OTJAG
Mr Philip M Wilson U S Army Claims ServiceFt Meade Maryland
LCDR Thomas R Santfer HQ Department of the Navy Washington D C
Major Frank Stone SOFA Team Chief International Affairs Division OTJAG
Mr Waldemar A Solf Chief International Affairs Division OTJAG
Colonel Alton H Harvey Chief Military Justice Division OTJAG
Lieutenant Colonel Abraham Nemrow (Ret) Clerk Court of Military Review
108
APPENDIX H
21st ADVANCED CLASS GRADUATES
CPT Eileen M Albertson USMC CPT Franklin D Holder USMC SQUAD LDR Sheikh Muhammad Anwar MAJ Wayne R Iskra CPT Henry J Armstrong CPT Henry C Karlson MAJ James A Badami MAJ Thomas A Knapp LCdr Robert C Berkley USN CPT William J Lehman MAJ Richard S Buck IV LTC Martin R Loftus CPT Bernard R Carpenter MAJ Haldane R Mayer CPT George W Clarke CPT Kenneth M Mitchell CPT James P Coleman MAJ Charles A Murray MAJ David B Craig MAJ William J Norton II CPT Jerald D Crow USMC CPT Maurice J OBrien MAJ Leonard H Dancheck CPT William H Parks USMC CPT Howard C Eggers CPT Frank J Pyle Jr CPT Russell J Fontenot CPT Royce C Rich CPT Robert M Frazee LTC Leon O Ridao MAJ Wendell R Gideon CPT Jerome W Scanlon Jr CPT Dewey C Gilley Jr CPT William N Schnell CPT Charles H Giuntini CPT Timothy J Simmons CPT John C Golden III CPT Feraidoon H Tehrani CPT Arthur G Haessig CPT Charles W Trainor MAJ William J Hemmer MAJ Charles A White Jr
109
APPENDIX I
ACADEMIC AWARDS 21 st ADVANCED CLASS
HIGHEST OVERALL CLASS STANDING
Award for Professional Merit -- American Bar Association
CAPTAIN GEORGE W CLARK CAPTAIN HOWARD C EGGERS CAPTAIN HENRY C KARLSON
SECOND HIGHEST OVERALL CLASS STANDING
Award for Professional Merit -- The Judge Advocate Generals School
CAPTAIN DEWEY C GILLEY JR
HIGHEST STANDING IN CIVIL LAW
Award for Distinguished Accomplishment - Judge Advocates Association
CAPTAIN HENRY C KARLSON
HIGHEST STANDING IN CRIMINAL LAW
Judge Paul W Brosman Award -- United States Court of Military Appeals
CAPTAIN HENRY C KARLSON
HIGHEST STANDING IN INTERNATIONAL AND COMPARATIVE LAW
Award for Distinguished Accomplishment - The Judge Advocate Generals School
CAPTAIN HENRY C KARLSON
HIGHEST STANDING IN MILITARY COMMAND AND STAFF
Plaque - Association of the United States Army
CAPTAIN DEWEY C GILLEY JR
III
HIGHEST STANDING IN PROCUREMENT LAW
Award for Distinguished Accomplishment -- The Foundation of the Federal Bar Association
CAPTAIN HOWARD C EGGERS
OUTSTANDING THESIS
Award for Distinguished Scholarship -- The Judge Advocate Generals School
CAPTAIN GEORGE W CLARKE
112
APPENDIX J
65th BASIC CLASS GRADUATES
CPT Robert F Apgar CPT Kenneth L Baker LT Robert L Beauregard USCE CPT Paul C Besozzi CPT Burk E Bishop CPT Charles W Boohar J r CPT Mack W Borgen CPT Victor S Carter Jr CPT Michael R Caryl CPT Joseph W Ca~per
CPT Madge K Casper CPT Dayton M Cramer CPT David M Curtis CPT Charles B Dickson MAJ Alfred J Dirska CPT Robert D Doane CPT Terence M Donnelly CPT John E Dorsey LT Winona G Dufford USCG CPT Jerry G Du Terroil CPT David R Dowell CPT Stephen A J Eisenberg LT Robert W Ferguson USCG LT Philip L Font USCG CPT Raymond G Frere CPT John W Fryer CPT John P Halvorsen CPT Patrick K Hargus CPT Dennis E Harrold CPT James R Hill Jr CPT John R Hill CPT Earl T Hilt s LT Franklin D Hoffman Jr USCG LT Francis P Hopkins Jr USCG CPT Harry D Hoskins III
66th BASIC
CPT Thomas B Allen CPT James W Almand
CPT George W House CPT Sammy S Knight CPT Gary J Krump CPT Ralph E Larson CPT Fredric I Lederer CPT Gerald J Leeling CPT David R Lorence CPT John W Lewis CPT John R MacPherson CPT Gary R McSpadden CPT Peter H Mathis CPT Jack H Morgan LT Howard S Myers III USCG CPT Joyce E Plaut CPT Peter K Plaut LT Robert J Reining USCG CPT Nicholas P Retson CPT George D Reynolds CPT Paul A Robblee Jr CPT Stephen H Rovak CPT John G Sauer CPT Lawrence L Severson LT William B Short Jr USCG CPT Dale B Smith CPT Nick J Staihar CPT Lewis R Stark CPT Richard G Stein LT James J Tamulski USCG CPT Thomas N Tromey CPT Vaughan E Taylor CPT Stephen G Varga CPT Dennis J Wing CPT Donn T Wonnell CPT Edward R Ziegler LT Stephen H Zimmerman USCG
CLASS GRADUATES
CPT Richard S Blakely CPT Alexander L Blondeau Jr
113
CPT Paul L LuedtkeCPT Stanley D Brown CPT Robert A McSorley CPT Chester H Budz CPT Ronald J MedarisCPT Richard W Cairns CPT Larry S MerckCPT Barry N Capalbo CPT Donald Morgan CPT John E Caulking CPT Philip E Mullin CPT Peter B Crary CPT Husni Salem Omari Jordanian Army CPT Willis D Cronkhite III CPT Frank T Pandora II CPT Patrick F Crow CPT Jerry R ProthroCPT King K Culp CPT Joseph A RehyanskyCPT James R Dedrick CPT Eldon D RobertsCPT Peter M Desler CPT Robert W SchiveraLT John H Distin USCG CPT John F SchmutzCPT Daniel J Dykstra Jr CPT Gerald A SchroederCPT James S Eakes CPT Paul M ScottCPT Frank B Ecker Jr CPT John R SeeronenCPT Robert D Ganstine CPT Ruurd C SegaarCPT James L Goetz MAJ David HD Selwood British Army CPT Michael H Gottesman CPT Frederic N SmalkinCPT Keith H Harnack CPT Brian K SmithCPT John D Hand CPT Ronald M SmithCPT Joseph W Hely Jr CPT Stephen L SmithCPT Ted B Herbert CPT Shelby L Starling JrCPT James A Hightower Jr CPT Richard T St Clair CPT Paul F Hill CPT Guyton O Terry JrCPT Stephen A Husman CPT Lewis L Thompson JrCPT Joseph P Kulik Jr CPT Harry A Tucker Jr CPT Harry L Lamb Jr CPT Lanny T Winberry CPT Lafayette J Lamb CPT Lawrence E Wzorek CPT Mark R Lindenmeyer
67th BASIC CLASS GRADUATES
CPT Raymond R DeckertCPT George W Bailey Jr CPT Leroy L De NooyerCPT William J Baker CPT John J DioguardiCPT K Reid Berglund CPT Chauncey W Durden III CPT William G Berkson CPT Gregory L EdlefsenCPT John D Billingslea Jr CPT William H EldridgeCPT Jack T Brooks CPT Ray A FarringtonCPT Edward G Bryant CPT Dominic A Femino JrCPT Stephen R Burns CPT Frank T FlanneryCPT Demmon F Canner CPT Cecil G Foster JrCPT Richard A Cefola CPT Charles C FreyerCPT Matthew J Coco CPT William P FugelsoCPT Peter J Curry CPT Russell J GeoffreyCPT Lawrence R Daniels
114
CPT Jerry H Gilbert CPT Daniel R Grills CPT Robert L Guinn CPT Alfred H Juechter Jr CPT Marshall M Kaplan CPT Douglas 1 Kaukl CPT Donald L Ketels Jr CPT Dennis A Klejna CPT Carlos E Lazarus CPT Jerome L Lemberger CPT John J Madden Jr CPT Frank C Marshall Jr CPT John B Martin CPT Carlos G Martinez CPT Everett D Marvin III CPT Roger K Masuda CPT Dale V Matthews CPT Daniel C McCarthy CPT Samuel P Militello CPT Clifford J Moy CPT Paul S Murphy CPT Steven D Needle CPT Charles M Nester CPT John K Northrop
CPT James M Norton CPT Willard E Nyman III CPT Louis F Pine II CPT Robert A Prentice CPT Herbert L Raiche CPT John T Rank CPT Michael G Rice CPT Wayne G Rod CPT James H Rosenblatt CPT Michael L Rudasill CPT James A Rupp CPT Stephen V Saynisch CPT Benjamin H Settle CPT Charles W Sheehan Jr CPT Anthony J Siano CPT Douglas C Smith CPT William L Sossaman CPT Craig L Stevenson CPT Marshall M Sweeney CPT Allan A Toomey CPT Martha J Trudo CPT John K Vreeland CPT Craig M Wilson CPT Eduard T L Zijlstra
68th BASIC CLASS GRADUATES
CPT Richard C Bentley CPT Fay the A Blake CPT John R Bone LT Robert G Bright USCG CPT William 1 Caron CPT Larry G Cecil CPT Ronald L Chapman CPT Hugh E Cherry CPT Michael C Denny CPT Graydon W Dimkoff CPT Ronald E Erickson CPT Ralph J Frick Jr CPT Lester M H Goo CPT Glenn S Hara CPT William C Jaekel CPT Thaddeus J Keefe III
CPT Leslie E LeDoux II CPT Robert A Long Jr CPT William G F Mill er CPT Kenneth E Mitchell LT James D Morgan USCG CPT Robert E Morris CPT Vahan Moushegian Jr CPT Frank R Newett CPT Richard H Nixon CPT James P Ring CPT Conrad J Rybicki CPT Ronald J Shea LT John E Shkor USCG CPT Lawrence A Smith CPT Frank J Wagner Jr CPT Alvern C Weed
115
bull
APPENDIX K
BASIC CLASS ACADEMIC AWARDS
American Bar Association Award for Professional Merit (highest overall academic standing)
CPT Robert F Apgar 65th Basic CPT Lawrence E Wzorek 66th Basic CPT John K Vreeland 67th Basic CPT Robert A Long Jr 68th Basic
Commandants Award for Professional Merit (second highest overall academic standing)
CPT John R MacPherson 65th Basic CPT Frederick N Smalkin 66th Basic CPT John T Rank 67th Basic CPT Glenn S Hara 68th Basic
Judge Paul W Brosman Award United States Court of Military Appeals (highest standing in Criminal law subjects)
CPT Robert F Apgar 65th Basic CPT Gerald J Leeling 65th Basic CPT John R MacPherson 65th Basic CPT Peter K Plaut 65th Basic CPT Dale B Smith 65th Basic CPT James W Almand 66th Basic CPT Frederick N Smalkin 66th Basic CPT Harry A Tucker Jr 66th Basic CPT Lawrence E Wzorek 66th Basic CPT John K Vreeland 67th Basic CPT Robert A Long Jr 68th Basic CPT Frank R Newett 68th Basic
The Foundation of the Federal Bar Association Award for Distinguished Accomplishment (highest standing in Procurement Law subjects)
CPT Charles B Dickson CPT Frederick N Smalkin CPT John J Dioguardi CPT William C Jaekel
65th Basic 66th Basic 67th Basic 68th Basic
117
Judge Advocates Association Award for
CPT Joyce E Plaut CPT James W Almand CPT Paul M Scott CPT Lawrence E Wzorek CPT George W Bailey Jr CPT Hugh E Cherry
Achievement (highest standing in Civil Law)
65th Basic 66th Basic 66th Basic 66th Basic 67th Basic 68th Basic
Association of the United States Army Plaque (highest standing in Phase I)
CPT John R Hill CPT Alexander L Blondeau Jr CPT Willis D Cronkhite CPT John J Dioguardi CPT Ronald L Chapman
65th Basic 66th Basic 66th Basic 67th Basic 68th Basic
118
GUEST
SPEAKER
Mr Roscoe J Ailor Chief Recovery Division U S Army Claims Service Fort Meade Maryland
Professor Richard C Allen Director Institute of Law Psychiatry and Criminology George Washington University
Mr Harry H Almond Jr Senior Attorney-Advisor Office of General Counsel for International Affairs Office of Secretary of Defense
BG Bruce C Babbitt USA Assistant Judge Advocate General for Civil Law
Professor Richard R Baxter Harvard University School of Law
LTC Harry Beavers MC Chief Family Planning Service Walter Reed Medical Center
Colonel Myron Birnbaum USAF U S Air Force Judiciary
Major Ramond K Bluhm U S Army Civil Affairs School Fort Bragg North Carolina
Professor James E Bond School of Law Washington amp Lee University
APPENDIX L
SPEAKERS AND VISITORS
TOPICPURPOSE OF VISIT
Oaims Administration Panel
Examination of a Psychiatrist
The Law of War - Applied to Weapons and Targets
Addressed Opening Exercises of the 54th Procurement Attorneys Course and the Third Procurement Attorneys Advanced Course conducted Advanced Class Seminar
Perspectives on Work Being Done on the Geneva Conventions of 1949
Family Counseling and Family Planning
Armed Services Correctional Program
U S Civil Affairs Current Developments
Internal Conflicts and Common Article 3
119
Captain Michael A Brodie JAGC Litigation Division OTJAG
Captain Clifford D Brooks JAGC Procurement Law Division OTJ AG
Dr Robert Brown Psychiatrist Charlottesville Virginia
Mr Thomas V Bryant Jr Office of the General Counsel Small Business Administration
Mrs Nancy Buc Assistant Director for Consumer
Education Bureau of Consumer Protection Federal Trade Commission
Mr Francis T Buckley Chief Counsel U S Army Missile Command Redstone Arsenal
Hon John A Busterud Deputy Assistant Secretary of Defense Washington D C
Hon J Fred B uzhard t General Counsel Department of Defense
Mr John Carey Partner Coudert Bros Law Firm New York
Major General J S Cheney USAF The Judge Advocate General U S Air Force
Evaluation and Settlement of Suits under the Federal Tort Claims Act and Federal Care Recovery Act The Federal Medical Care Recovery Act
Labor Standards in Government Contracts Special Interest Institutes
Family Law Panel
The 8(a) Subcontracting Program
Consumer Protection Panel
Weapons Systems Acquisition vs Procurement at Post Camp and Station Level
Environmental Quality
Addressed 1972 JAG Conference
Recent Developments in Human Rights
Conducted Advanced Oass Seminar
120
Dr Lawrence E Chermak Funding of Major Acquisitions Counsel for the Comptroller of the Navy Office of the General Counsel Department of the Navy
Colonel Jerry E Connor USAF Chief Legal Assistance Division OTJAG Department of the Air Force
LTC Albert A Covington JAGC Staff Judge Advocate Retraining Brigade Fort Riley Kansas
Mr Richard Cunningham Office of the General Counsel U S Army Corps of Engineers
Mr Gilbert Cuneo Partner Sellers Conner amp Cuneo Washington D C
Mr Overton A Currie Partner Smith Currie amp Hancock Atlanta Georgia
Mr Jerome J Curtis Jr Assistant Professor of Law Marshall-Wythe School of Law College of William and Mary
Hon William H Darden Chief Judge U S Court of Military Appeals
Hon Arno H Denecke Associate Justice Oregon Supreme Court
Mr Edwin Dosek Bureau of Consumer Protection Federal Trade Commission
Current Status and Future Plans for Pilot Legal Services Program
Retraining the Soldier
The Army What the Future Holds The Army An Impact Statement on the Effects of Environmental Law-The Lawyers View
Contractors View of Board of Contract Appeals
Contractors View of Performance Problems of Construction Contracts
Real Estate Transactions
Addressed JAGSO Units
Hearsay Hazards
Consumer Protection Panel
121
Mr Dolf Droge National Security Council Staff The White House
Mr Stanley Dubroff Chief Counsel Electronics Command Fort Monmouth New Jersey
LTC Joseph A Dudzik JAGC Procurement Law Division OTJAG
Hon Robert M Duncan Judge United States Court of Military Appeals
Major William G Eckhardt JAGC Chief Personnel Affairs Branch Litigation Division OTJ AG
Colonel John L Fellows Jr ARM Commanding Officer U S Army Garrison Presidio of San Francisco
Mr Allen Felts Oaims Training Director Eastern Regional Office State Farm Insurance Company
Mr Nicholas A Fidandis Commissioner Federal Mediation amp Conciliation Service
Colonel Zane E Finkelstein JAGC Office Chairman Joint Chiefs of Staff Department of Defense
Mr Lawrence D Gaughan Associate Professor of Law Washington amp Lee University School of Law
An Analysis of the Vietnam Situation
Practical Aspects of Contract Types and Negotiation Procurement EthiQs
Current Developments in Procurement Law
The Military Judge and the Court of Military Appeals
Helping a Commander Control his Installation Relationships Between DA and Department of Justice and Litigation Reports Panel
The Legal Problems of an Installation Commander
Insurance Company View on Claims Settlement
Impasse Mediation
Joint Chiefs of Staff On-Going Agreements
An Outline of the Civil Law System and Doctrine Civil Affairs in Combat The Israeli Experience
122
Captain Norman L Goldberg JAGC Military Personnel Law Team Administrative Law Division OTJAG
Colonel Viviano Gomez Jr JAGC Staff Judge Advocate U S Army Training Center Fort Ord California
Professor Gidon A G Gottlieb School of Law New York University
Captain Kenneth E Gray JAGC Office of the Staff Judge Advocate U S Army Training Center Infantry Fort Dix New Jersey
Air Vice Marshal Eric G Hall Pakistan Embassy Washington D C
Captain Andrew M Harkness JAGC Procurement Law Division OTJ AG
LTC R G Harmer British Embassy Washington D C
Mr Neal Harrison Director Classification Division U S Disciplinary Barracks Fort Leavenworth Kansas
Colonel Alton H Harvey JAGC Chief Criminal Law Division OTJAG
Mr Elliot Harwood Deputy Assistant Director Plans and Policy Office of Director of Defense Research and Development
Contemporary Problems in Personnel Separations
Conducted Advanced Class Seminar
National Implementation of the Laws of War
The Pilot Program-Present and Future
Distinguished Guest at the 21 st Advanced Oass Graduation
Labor Standards in Government Contracts
Liaison Visit
U S Disciplinary Barracks and Army-Air Force Clemency and Parole Board
Law Office Management
Weapons Systems Acquisition
123
LTG Joseph M Heiser Jr USA Deputy Chief of Staff for Logistics
MG Kenneth J Hodson USA Chief U S Army Legal Services Agency
LTG Harris W Hollis USA Chief Office of Reserve Components Department of the Army
Colonel Kenneth A Howard JAGC Chief Trial Judiciary OTJ AG
Captain Fred Huff JAGC Lands Office OTJAG
Hon Hadlai A Hull Assistant Secretary of Army for
Financial Management
Mr Michael R Jetter Internal Revenue Service Richmond Virginia
Mr Robert Johnson Harris Tuck Freasier amp Johnson Richmond Virginia
Mr Nathaniel Jones General Counsel NAACP New York New York
Professor Yale Kamisar School of Law University of Michigan
Professor Delmar Karlen School of Law New York University
Importance of Legal Officers in Logistics
Conducted Advanced Class Seminar 11th Military Judge Course Graduation
Addressed National Guard Conference
Records Reports and Administration Panel Sentencing General and Special Findings
Environment and Law
21 st Advanced Class Graduation Speech
Rent and Price Controls
A Plaintiffs Lawyer Looks at Torts Practice
Task Force on the Administration of Military Justice in the Armed Forces
Second Annual Kenneth J Hodson Lecture in Criminal Law
First Annual Edward H Young Lecture in Military Legal Education
124
Captain Elton J Keeley INF U S Army Civil Affairs School U S Army Institute for
Military Assistance Fort Bragg North Carolina
Colonel William R Kennedy USAF U S Air Force Judiciary
CW2 Dieter P Kohler U S Army Claims Service
Mr L David Korb Deputy Director Office of Labor-Management Relations U S Civil Service Commission
Captain Royce C Lamberth JAGC Litigation Division OTJAG
Hon Francis J Larkin Third District Court Milford Massachusetts
LTC Edward A Lassiter JAGC Assistant Chief Military Justice Division OTJAG
Mr Shao-chuan Leng Professor of Government and
Foreign Affairs University of Virginia
Captain Morris 1 Lent JAGC Deputy Staff Judge Advocate U S Army Engineer Center Fort Belvoir Virginia
Mr William Lessin Office of Directorate for Personnel
and Community Activities Fort Belvoir Virginia
U S Civil Affairs Orientation
Records Reports and Adninistration Panel
Claims Administration Panel
The Federal Labor-Management Relations Program Today
Military Personnel Law Litigation
Judicial Technique and Administration
Current OTJAG Military Justice Policies and Projects
Communist Law--Chinese Legal Principles
Legal Services Center Concept
Budgeting for a JA Office
125
Professor Richard B Lillich School of Law University of Virginia
Mr Ronald E Lunstrum Senior Corrections Specialist Department of the Navy
Major Eric Mackintosh Staff Officer MASSTER Project Fort Hood Texas
BG Clyde R Mann USMC Director Judge Advocate Division U S Marine Corps Washington D C
Dr Theodore C Marrs Deputy Assistant Secretary of Defense
for Reserve Affairs DOD Washington D C
Professor Daniel J Meador James Monroe Professor of Law University of Virginia
Mr Wayland Medley Technical Staff Economic Stabilization Board Internal Revenue Service Richmond Virginia
Mr Robert W Meserve President American Bar Association
Mr Travis Mills Assistant General Counsel U S Civil Service Commission
Humanitarian Intervention
Armed Services Correctional Program
Project MASSTER Orientation
Distinguished Guest at 21 st Advanced Class Graduation
Addressed JAG Reserve Conference
Discovery under the Federal Rules of Civil Procedure
Rent and Price Controls
Orientation Visit
The Role of the Government Attorney in the Civilian Personnel Process
126
Mr John Norton Moore Counselor on International Law Office of the Legal Advisor Department of State
Mr Anthony L Mondello General Counsel U S Civil Service Commission Washington D C
Hon Robert Morgan Attorney General North Carolina
LTC James A Mounts JAGC Chief Personnel Claims Division U S Army Claims Service
Professor Gerhard OW Mueller School of Law Criminal Law Education and
Research Center New York University
Hon Tim Murphy Judge of the Superior Court of the District of Columbia
Colonel Abraham Nemrow AUS (Ret) Clerk of the Army Court of
Military Review U S Army Judiciary
LTC James E Noble JAGC Chief Patents Division OTJAG
LTC Matthew B ODonnell JAGC Defense Appellate Division OTJAG
Colonel Oliver E 0 Kier MPC Commandant U S Disciplinary Barracks Fort Leavenworth Kansas
The Use of Force in U S Foreign Policy
Civil Service Commission
Addressed JAG Conference
Personnel Claims Act A Modern Approach
Alternatives to Imprisonment
The Sentencing Function of the Trial Judge
Pretrial Advice and Common Errors Post Trial Review and Common Errors Administrative Errors in Records of Trial
Patents and Technical Data
Military Justice and Race Relations
Corrections and Rehabilitation in the Army Panel
127
MG Harold E Parker USA The Assistant Judge Advocate General
Major Theodore B Paterson U S Army Correctional Training
Facility Fort Riley Kansas
Captain B Raymond Perkins USNR Officer in Charge U S Navy-Marine Corps Judiciary
Activity OTJ AG Department of the Navy
Mr C Norman Poirier Deputy General Counsel Commission on Government
Procurement
Mr Herman L Pollock Executive Director Public Defender Project Supreme Court of Pennsylvania
Mr S J Pomrenze Chief Office Management Division Administrative Services Directorate OT AG Department of the Army
LTC Robert W Poydasheff JAGC Chief Civilian Personnel Law Division OTJ AG
MG George S Prugh USA The Judge Advocate General Department of the Army
Mr Rouhollah K Ramazani Professor of Government and
Foreign Affairs University of Virginia
Addressed Graduation Exercises of the 65th 66th 67th and 68th Basic Classes Conducted Advanced Class Seminar
Armed Services Correctional Program
Records Reports and Administration Panel Relationship of Counsel Decorum and Judicial Responsibilities
Government Procurement Commission Report
Functions of Defense Counsel
The Current and Future Status of the Army Records Management Program
Civilian Personnel Law and Labor-Management Relations
Conducted Advanced Class Seminar
Traditional Law and Foreign Influences in the Islamic World
128
MG Lloyd B Ramsey USA The Provost Marshal General
LTC Philip N Reed INF U S Army Civil Affairs School U S Army Institute for
Military Assistance Fort Bragg North Carolina
RADM Horace B Robertson Jr JAGC USN
Deputy Judge Advocate General of the Navy
Captain John H Rodgers JAGC Office of the Staff Judge Advocate Office of the Surgeon General
Mr Joseph H Rouse U S Army Claims Service
Dr Jesse G Rub in President Psychiatric Institute Foundation Washington D C
Professor Helmut Rumpf Office of the Legal Advisor Foreign Office Federal Republic of Germany
Captain Nicholas Sabalos USN Office of the Director J oint Staff Joint Chiefs of Staff
Mr Harry M Saragovitz Assistant General Counsel Army Materiel Command
Mr Arpiar Saund ers Attorney National Prison Project Washington D C
Addressed the 21st Advanced Class
U S Civil Affairs Orientation
U S Navy Military Judge
Family Planning Panel
Federal Tort Claims Act Injury Evaluation
Psychiatric Evaluations
Mutual Collective Security of United States and Germany
Joint Chiefs of Staff On-Going Agreements Military Implementation of the Law of War
Weapons Systems Acquisition and Technical Data
Prisoners I Rights
129
Mr John Schulz Editor-in -Chief Military Law Reporter The Public Law Education Institute Washington D C
Major David H D Selwood Deputy Assistant Director of
Army Legal Services Ministry of Defence United Kingdom
Mr Thomas Sheck ells Manager of Federal Agreements Environmental Protection Agency
Mr Paul Shnitzer Office of the Comptroller General
Colonel James E Simon JAGC Staff Judge Advocate U S Army Training Center Fort Dix New Jersey
Mr Curtis Smothers Acting Deputy Assistant Secretary
of Defense for Equal Opportunity
Mr Richard C Solibakke Chairman Armed Services Board of
Contract Appeals Department of Defense
Mrs Goody L Solomon Executive Editor Office of Consumer Services Department of Health Education
and Welfare
Outsiders View of Military Litigation
Northern Ireland Situation
Environmental Law
Problems in Award of Negotiated Contracts
Conducted Advanced Class Seminar
Race Relations Consideration of onshygoing Defense and Army Educational Programs to Improve Race Relations and the use of Off-Post sanctions in CONUS and Overseas
Contract Claims and Litigation Boards of Contract Appeals
Consumer Protection Panel
130
Mr Michael R Sonnenreich Deputy Chief Counsel Bureau of Narcotics and Dangerous Drugs Department of Justice
Mr William H Speck Associate Counsel Naval Facilities Engineering Command
Mr Richard E Speidel Henry L and Grace Doherty
Professor of Law University of Virginia
RADM Merlin H Staring USN The Judge Advocate General U S Navy
Mr Jack Stempler General Counsel Department of the Air Force
Major Frank Stone International Affairs Division OTJAG
Mr John H Sud a Assistant Corporation Counsel Government of the
District of Columbia
Mr Paul Summers Trust Officer Citizens Bank amp Trust Company Charlottesville Virginia
Major William K Suter JAGC Assistant for Plans Personnel Plans amp Training Office OTJAG
Colonel Warren L Taylor JAGC SJ A Fifth United States Army Fort Sam Houston Texas
Drug Abuse Control
The Governments Perspective Concerning Construction Contract Performance Problems
Role of the GAO in the Bid Protest Procedure
Cond ucted Ad vanced Gass Seminar
Orientation Visit
The Status of Military Forces in Japan Korea and Germany
Motion Practice under the Federal Rules of Civil Proced ure
Investment Counseling
Plans Programs and Training
Conducted Advanced Class Seminar
131
Colonel Joseph N Tenhet Jr JAGC Special Assistant to TJAG OTJAG
Mr Charles Terry Attorney at Law Morristown Tennessee
LTC James F Thornton Jr JAGC Staff Judge Advocate U S Army Garrison Fort Campbell Kentucky
Rev David Turner Pastor St Marks Lutheran Church Charlottesville Virginia
Dean George A Van Hoomissen National College of District Attorneys University of Houston
Mr Paul B Walter School of Law University of Virginia
Captain John Whalen JAGC U S Army Claims Service
Colonel Frederick Bernays Wiener AUS (Ret)
Washington D C
BG Lawrence H Williams USA Assistant Judge Advocate General
for Military Law
Mr Raymond 1 Williams Executive Secretary Army Board for Correction of
Military Records
Final J A Operations in Vietnam
Anatomy of a Trial
Conducted Advanced Class Seminar
Family Law Panel
Functions of Prosecution
Understanding your Client
Federal Tort Claims Act Injury Evaluation
Some Historical Aspects of Military Law
Conducted Advanced Class Seminar
Policies and Procedures of the Army Board for the Correction of Military Records
132
Colonel Wade H Williamson JAGC Chief Administrative Law Division OTJAG
Mr Adelbert K Wnorowski Raphael amp Wnorowski Amsterdam New York
Dr Nathan Wolkomir President National Federation of Federal Employees
Colonel John A Zalonis JAGC Chief Legal Assistance Office OTJAG
Current Problems in the Personnel Area
Grievances and Arbitration
Union Viewpoint of the Federal Labor-Management Relations Program
Update on Current Status and Future Plans for the Pilot Legal Services Program
133
APPENDIX M
ARTICLES BY STAFF AND FACULTY MEMBERS
Colonel John Jay Douglass High Command Case A Study in Staff and Command Responsibility The International Lawyer Vol 6 No4 (Oct 1972)
Lieutenant Colonel John L Costello Book Review Great Court-Martials 59 Military Law Review 233 (1973)
Major James R Coker Book Review The International Law of Civil War 59 Military Law Review 239 (1973)
Major James R Coker Book Review The Death of the Army-A Pre-Mortem Fordham Law Review
Major James R Coker The Status of Visiting Military Forces in Europe A Treatise on International Criminal Law (Bassiouni amp Nanda Ed) Vol II (CCThomas Illinois 1973)
Major James A Endicott Jr New Approach to Military Law Instruction 738 Army ROTC Education Commentary lA (1973)
Major James A Endicott Jr Decision Making and the Court-Martial Cases 45 The Judge Advocate Journal (1973)
Major James A Endicott Jr Claims Against the United States 9 Law Notes 17 (1972)
Major Francis A Gilligan Issues Raised by Military Warrants The Army Lawyer Vol 2 No 8 (August 1972)
Major Francis A Gilligan Inspections The Army Lawyer Vol 2 No 11 (November 1972)
Major Francis A Gilligan Eyewitness Identification 58 Military Law Review 183 (1972)
Major Francis A Gilligan Probable Cause and the Informer 60 Military Law Review 1 (1973)
Major J J McGowan Sr SJA Spotlight--Iran The Army Lawyer Vol 2 No 10 (Oct 1972)
135
Major Paul Jackson Rice Military Dissent The Army Lawyer Vol 3 No2 (Feb 1973)
Captain Bernard R Adams Eminent Domain Police Power and Urban Renewal Compensation for Interim Depreciation in Land Values 7 Georgia Law Review 226 (Winter 1973)
Captain Stephen L Buescher The Court of Military Appeals A Survey 59 Military Law Review 129 (1973)
Captain Edward J Imwinkelried The New Federal Rules of Evidence The Army Lawyer Vol 3 No4 (April 1973)
Captain Edward J Imwinkelried The New Federal Rules of Evidence Part II The Army Lawyer Vol 3 No5 (May 1973)
Captain Jack F Lane Jr The Undesirable Discharge--Administrative Tool or Back-Door Court Army Vol 22 No 11 (Nov 1972)
Captain Jack F Lane Jr Classification Promotion and Racial Discrimination The Army Lawyer Vol 3 No5 (May 1973)
Captain Jordan 1 Paust My Laiand Vietnam Norms Myths and Leader Responsibility 57 Military Law Review 99 (1972)
Captain Jordan 1 Paust Law in a Guerrilla Conflict Myths Norms and Human Rights III Israel Yearbook
Captain Jordan J Paust The Nuclear Decision in WWII Trumans Ending and Avoidance of War International Lawyer (1974)
Captain Jordan 1 Paust Comment on Command Responsibility 25 Naval War College Review (Jan-Feb 1973)
Captain Jordan J Paust Human Rights Human Relations and Overseas Command The Army Lawyer Vol 3 No I (Jan 1973)
Captain Donald N Zillman In-Service Conscientious Objection 10 San Diego Law Review (1973)
Captain Donald N Zillman The Court of Military Appeals A Survey 59 Military Law Review 129 (1973)
136
Captain Donald N Zillman Armed Services the 5th Circuit 21 Mercer Law Review (1972)
Captain Donald N Zillman Recent Development Environmental Law 57 Military Law Review 203 (1972)
Captain Donald N Zillman Involuntary Activation of Reservists The Army Lawyer Vol 2 No 10 (Oct 1972)
137
APPENDIX N
VISITS TO RESERVE UNITS - FY 1973
I JAG DETACHMENTS
9th Cleveland Ohio 7 Feb 1973 213th Atlanta Georgia 17 Feb 1973 155th 42d Pitt sburgh Pennsylvania 19 Feb 1973 153 157th Philadelphia Pennsylvania 20 Feb 1973 10th Washington D C 21 Feb 1973 3d Boston Massachusetts 22 Feb 1973 12th Columbia South Carolina 23 Feb 1973 78th Los Angeles California 27 Feb 1973 20th Dallas Texas 28 Feb 1973 173d Birmingham Alabama 2 Mar 1973 8th Kansas City Kansas 5 Mar 1973 139th Cincinnati Ohio 6 Mar 1973 148th Columbus Ohio 7 Mar 1973 4th New York New York 8 Mar 1973 7th Chicago Illinois 10 Mar 1973 81 st San Diego California 14 Apr 1973 I 20th Denver Colorado 28 Apr 1973 2d New Orleans Louisiana 30 Apr 1973 9th Cleveland Ohio I May 1973 106th Detroit Michigan 2 May 1973 162d Richmond Virginia 6 May 1973
II USAR SCHOOLS
(Visits required by Annex AL CON Reg 350-1)
Richmond USAR School 29 May 1973 Norfolk USAR School 19 May 1973
139
III J1l
Miami USJR School Phase II BOJC
South Charleston USJR School
Seattle USJR School 99th JJG Detachment l62d JJG Detachment
121 st JJG Detachment 20th JJG Detachment 2l0th JJG Detachment
89th JJG Detachment l73d JJG Detachment l55th JJG Detachment
35th JJG Detachment
Livonia USJR School
Hattiesburg Mississippi
Fort Ritchie Maryland
Reno Nevada Joliet Msenal Illinois HQ Electronics Command
Fort Monmouth N J Redstone Msenal Jlabama Rock Island Jrsenal Illinois White Sands Missile Range
New Mexico Fort Huachuca Mizona Huntsville Jlabama MllMllS Brooklyn and MllMllS
Bayonne llerminal Jviation Systems Command
St Louis Missouri DePere Wisconsin
18-20 Jul 1972
6-7 Jug 1972
8-9 Jug 1972 18 Jan 1973 7-8 Mar 1973
25 Jpr 1973 7 May 1973 16 May 1973
17 May 1973 18 May 1973 21-22 May 1973
7-8 Jun 1973
17-18 Jun 1973
140
APPENDIX 0
LECTURES GIVEN OUTSIDE TJAGSA
COL John Jay Douglass Chaplains School Fort Hamilton New York
COL John Jay Douglass Fort Gordon Georgia
COL John Jay Douglass Richmond Virginia Chapter of The Military Order of the World Wars
COL John Jay Douglass Defense Information School Fort Benjamin Harrison Ind
COL John Jay Douglass Finance School Fort Benjamin Harrison Ind
COL John Jay Douglass Naval Justice Seminar Coronado Beach California
COL John Jay Douglass Sergeants Major Academy Fort Bliss Texas
LTC David A Fontanella Ft McClellan Alabama
LTC David A Fontanella Ft Benning Georgia
LTC David A Fontanella Ft Rucker Alabama
FISCAL YEAR 1973
Civil Law Problems and the Chaplain
Presented Opening Remarks to Phase 1shy67th Basic Class
Military Law Today
The Serviceman and the Bill of Rights
Current Developments in Military Law
TJ AGSA and the Training of J AGC Reserves
Military Justice
Civil Law Update
Civil Law Update
Civil Law Update
141
LTC David A Fontanella Army and Air Force Senior ROTC Gasses University of Virginia Charlottesville Virginia
LTC David A Fontanella Chaplains School Ft Hamilton New York
LTC David A Fontanella U S Army War College Carlisle Barracks Pa
LTC David A Fontanella U S Army War College Carlisle Barracks Pa
LTC David A Fontanella U S Army War College Carlisle Barracks Pa
LTC David A Fontanella U S Army War College Carlisle Barracks Pa
MAJ James R Coker Fort Lee Virginia
MAJ James R Coker Fort Bragg North Carolina
MAJ James R Coker USAIMA Fort Bragg North Carolina
MAJ James R Coker Staunton Military Academy Staunton Virginia
MAJ James R Coker Valley Forge Pennsylvania
Military Personnel Law
Military Personnel Law
Challenges to Command
Military Personnel Law
Gairns and Litigation
Challenges to Command
The Law of War in Modern Armed Conflict
The MAAG Mission and the Law of War
Law of War and CivilMilitary Operations
Introduction to the Laws of WaI
The Rule of Law in Warfare
142
MAJ Francis A Gilligan Army War College Carlisle Barracks Pa
Constitutional Rights and Article 15
MAJ Nancy A Hunter Hofstra University and Law School Hempstead New York
bull Women in the Military
MAJ Jack F Lane Jr Army and Air Force Senior ROTC Classes University of Virginia Charlo ttesviIle Virginia
Boards of Officers and Administrative Law
MAJ James J McGowan Fort Eustis Virginia
Law of Modern Armed Conflict
MAJ Fort
James 1 McGowan Eustis Virginia
The Law of War in Modern Armed Conflict
MAJ Paul J Rice Washburn University of Topeka School of Law Topeka Kansas
JAGC Orientation
MAJ Paul J Rice University of Kansas School of Law Lawrence Kanssa
JAGC Orientation
MAJ Paul J Rice University of MissourishyKansas City School of Law Kansas City Missouri
JAGC Orientation
MAJ Paul 1 Rice University of Missouri-shyColumbia School of Law Columbia Missouri
JAGC Orientation
MAJ Paul J Rice St Louis University School of Law St Louis Missouri
JAGC Orientation
143
MAJ Paul J Rice Washington University School of Law St Louis Missouri
MAJ Paul J Rice Pre-Law Advisors from the State of Virginia University of Virginia Charlottesville Virginia
MAJ Paul J Rice U S Army War College Carlisle Barracks Pa
CPT Bernard R Adams Army Reserve Unit Cherry Avenue Charlottesville Virginia
CPT Ronald C Griffin Rutgers University Camden New Jersey
CPT Ronald C Griffin University of Oregon Eugene Oregon
CPT Jan Horbaly Army ROTC University of Virginia Charlottesville Virginia
CPT Jan Horbaly Reserve CampGS Training Charlottesville Virginia
CPT Edward J Imwinkelried Army ROTC University of Virginia Charlottesville Virginia
CPT W H Parks USMC NROTC University of Virginia Charlottesville Virginia
JAGC Orientation
Career Opportunities in the JAG Corps
Military Installations and the Authority of the Commander
Drug Abuse Control
Civil Rights in the Military
Consumer Protection The Soldiers and Sailors Civil Relief Act
Introduction to Military Justice
Introduction to Military Justice
Article 15
Introduction to Military Justice
144
ANNUAL REPORT Fiscal Year 1973
TABLE OF CONTENTS
FOREWORD
CHAPTER I ADMINISTRATION AND ORGANIZATION
Section 1 History of The Judge Advocate Generals School 1 Section 2 Office of the Commandant 3 Section 3 Reorganization of the School 5 Section 4 Board of Visitors 7 Section 5 Allied Officer Program 11 Section 6 Interagency Education 15
CHAPTER II ACADEMIC DEPARTMENT 17
Section 1 Function and Organization 17 Section 2 Judge Advocate Officer Advanced Course 21 Section 3 Judge Advocate Officer Basic Course 31 Section 4 Resident Continuing Legal Education Courses 35 Section 5 Nonresident Instruction 39 Section 6 Paraprofessional Courses 41
CHAPTER III CONFERENCES VISITORS AND SEMINARS 45
Section 1 JAG Conference 45 Section 2 Judge Advocate Generals Reserve Conference 47 Section 3 National Guard Judge Advocate Generals Conference 49 Section 4 Speakers and Visitors 51 Section 5 Race Relations Seminar 55
CHAPTER IV DEVELOPMENT DOCTRINE AND LITERATURE 57
CHAPTER V PUBLICATIONS 59
CHAPTER VI RESERVE AFFAIRS 61
CHAPTER VII PROFESSIONAL ORGANIZATIONS AND 65 DEVELOPMENT
CHAPTER VIII BUILDINGS AND SUPPORT ACTIVITIES 71
Section 1 Buildings 71 Section 2 Support Activities 73
iii
APPENDICES
A Organizational Roster of School
B Background Information on Officer Personnel
C Allied Officer Students
D Courses Conducted (Fiscal Year 1973)
E Courses Scheduled (Fiscal Year 1974)
F Thesis Topics and Scope Notes 21 st Advanced
G Guest Members Thesis Evaluation Committees 21st Advanced Class
H Graduates 21st Advanced Class
I Academic Awards 21 st Advanced Class
J Basic Class Graduates
K Basic Class Academic Awards
L Guest Speakers and Visitors
M Articles by Faculty Members
N Visits to Reserve Units
O Lectures Given Outside TJAGSA
Class
79
83
91
93
95
97
107
109
111
113
117
119
135
139
141
iv
CHAPTER I
ADMINISTRATION AND ORGANIZATION
Section I
History of The Judge Advocate Generals School
Judge advocates have served the United States Army since 1775 but no effort was made to provide them with formal training in military law until the opening days of World War II
The Home of the Military Lawyer began on a temporary basis in February 1942 at the National University Law School (now part of the National Law Center of the George Washington University) Washington DC In August 1942 operations were transferred to the University of Michigan Law School in Ann Arbor where Colonel Edward H Young J AGC was the Commandant In the following months hundreds of officers were trained at Ann Arbor and by June 1944 over two-thirds of the active duty strength of the Judge
UllilJcrsity uf AliclziJan Law School
Advocate Generals Corps were graduates of the School Colonel Reginald C Miller JAGC became the Commandant in December 1944 The end of the war substantially reduced the need for trained military lawyers and in 1946 the School was deactivated
A 1946 study on the administration of military justice recommended that provisions be made for the training of Army lawyers in military law and plans were soon being prepared in the Office of The Judge Advocate General to implement the recommendation The passage of the Uniform Code of Military Justice and the Korean conflict accentuated the need for judge advocate training facilities As a consequence The Judge Advocate Generals School was activated at another temporary training facility at Fort Myer Virginia again under the guidance of Colonel Young Approximately 200 officers attended several five-week courses in basic military law taught by five officer-instructors
By this time the decision had been made to establish The Judge Advocate Generals School as a permanent branch service school It was decided to locate the School within 200 miles of Washington but sites as far away as Fort Crockett Texas and Fort Rodman Massachusetts had been considered In the spring of 1951 a survey was made of the facilities offered by the University of Virginia and on 2 August 1951 the present Judge Advocate Generals School was established on the Grounds of the University of Virginia
Previous Commandants
Colonel Charles L Decker 2 August 1951-14 June 1955
Colonel Nathaniel B Rieger 15 June 1955--1 March 1957
Colonel John G OBrien 1 March 1957--13 May 1961
Colonel John FT Murray 1 July 1961-31 December 1964
Colonel John W Burtchaell 1 January 1965--30 June 1966
Colonel Lewis F Shull 25 July 1966-3 September 1967
Colonel Kenneth C Crawford 3 September 1967-1 June 1970
COL Edward H Young JACC
2
Section 2
Office of the Commandant
The Commandant is the Commander of The Judge Advocate Generals School
U S Army a field oper~lting agency of the Office of the Judge Adv0Cltc Gencnl He
is responsible for the accomplishment of the mission of the School which includes the
personnel and logistic support functions undertaken at the School by assigned personnel
The Commandant exercises special court-martial jurisdiction He is in effect a law school dean a post commander a law book editor and publisher a research director and the
career management ~lIId training officer for all JAGC reservists
During the year the Schools second academic chair was established in honor of
the first Commandant of The Judge Advocate Generals School who served as such during
both World War II and the Korean conflict The Colonel Edward H Ham Young Chair
C()L bzlau H YOInu ([Smiddotl f~ct i
slwakillg dt (cdicution cercllOnics for tlC LcUdrd H Hmz YOIng ClUlir of Iilitdrv poundo((u ilcation
3
of Military Legal Education is occupied by Colonel John Jay Douglass Commandant of the School Each honorary chair established at the School is associated with an annual lecture of the same name the first Edward H Young lecture was presented by Delmar Karlen of the Institute of Judicial Administration New York
Prof Delmar Karlen
COL Douglass and Mrs Towsey
4
Section 3
Reorganization of the School
In February 1973 the School underwent its first major reorganization since 1956 While this coincided with a major Army reorganization the main purpose of the School reorganization was to divide School missions along functional lines among the various departments Highlights of the reorganizations are
(I) Office of the Commandant The new position of Assistant Commandant for Reserve Affairs and Special Projects was created to provide policy control for the JAGC Reserve program on behalf of The Judge Advocate General of the Army Responsibilities include training management for J AGC units personnel management at the Department of the Army level and coordination of the training of individual JAGC Reserve component members This office replaces and expands on the former Reserve Affairs Department with certain operating functions transferred to the Academic Department
(2) Academic Department The Academic Department retains its former functions with the addition of an Office of Nonresident Instruction The Office of Nonresident Instruction oversees on behalf of the Director the Schools responsibilities for U S Army Reserve Schools correspondence courses ROTC instructional materials military law instruction at other service schools instruction in military law in Army units and the newly assigned mission on-site instruction for J AGC officers in Reserve component units The current faculty augmented by six new members will present the on-site instruction
(3) Development Doctrine and Literature Department This Department performs the newly assigned combat development mission (acquired upon the abolition of the Judge Advocate Agency Combat Developments Command) and continues certain functions of the former Plans and Publications Department Included in the mission of the new Department is the publication of the Military Law Review The Army Lawyer and the Judge Advocate Legal Service Two new positions were created for Combat Development and for Professional Development and Liaison The latter position has the responsibility for liaison with the American Bar Association the Federal Bar Association the Judge Advocates Association and other bar goups throughout the United States
(4) Office of the School Secretary All administrative and logistical support functions have been placed in the Office of the School Secretary In addition to the existing functions of personnel management (Adjutant) services and logistics there has been added
5
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Section 4
Board of Visitors
A Board of Visitors has been appointed pursuant to Executive Order No 11007 and AR 15-1 to insure that the high standards of the School are maintained and to assist in the determination of areas requiring improvement The Board composed of leading civilian practitioners and legal ed Llcators examines the varied operations of the School and sums up its findings with criticisms and recommendations in a report submitted at the end of its inspection During the past year Colonel Van Benschoten was made an honorary member of the Board and Mr Richard E Wiley was appointed as a regular member
The Board met as a group from 10 to 13 April 1973 and re-elected Colonel Deutsch as its Chairman Colonel Deutsch Colonel Van Benschoten Colonel Finger Professor McDougal Professor Reed and Commissioner Wiley were present and undertook an inspection of the School Colonel Benjamin HO Schleider Jr J AGC USAR an attorney in Houston Texas served as the Recorder
Briefing of Board of Visitors
7
Eberhard P Deutsch Attorney at Law arid senior partner of the law firm of Deutsch Kerrigan and Stiles New Orleans Louisiana Editor-in-Chief of the American Bar Association publication The International Lawyer Colonel United States Army Reserve (Retired) and Civilian Aide to the Secretary of the Army from Louisiana
John H Finger Attorney (It Law San Francisco Califorllia and senior partner of the law finn of Finger Brown and Abramson past president of the California Bar Association Colonel United States Army Reserve (Retired) the JlI dge Advocate Generals Corps
Myres S McDougal Sterling Professor of Law The Yale Law School New Haven Connecticllt former president of the Association of American Law Schools
8
Honorable Alfred P Murrah Director Federal judicial Center Senior jude and former Chief judge 10th Circuit US Court of Appeals
john W Reed Ann Arbor Jvlichigan Professor of Law The University of Michigan Law School and Wayne State University Law School Director The Institute of Continuing Legal Education former Dean of the University of Colorado School of Law
Honorable Richard E Wiley Commissioner Federal Communications Commission former General Counsel Federal Communications Commission former Chairman of the Young Lawyers Section of the American Bar Association former partner in the firm of Burditt and Calkins Chicago Illinois former Captain in the judge Advocate Generals Corps US Army
9
Birney M Van Benschoten Attorney at Law New York City General Counsel for American Overseas Petoleum Ltd [Caltex Group J Colonel United States Army Reserve (Retired) the Judge Advocate Generals Corps Honorary Member of Board of Visitors
Following its visit the Board submitted its report containing the following comments and conclusions
a The Board was highly impressed with the efficient organization of the School The Commandant of the School is a highly energetic well-motivated and farsighted educational leader who without question has a high degree of cooperation and support at all levels of the staff and faculty The School is a credit to the Corps
b The Board believes it is an important role of the School to continue its present practice of constantly reviewing its curriculum and objectives Of necessity some of the educational missions of the School must be concerned with how-to-do-it courses and as is recognized by the School it is also important to have an academic environme1t to give it the quality of graduate-type curriculum
c It is believed by a majority of the Board that continued use of the thesis program is an important element in furthering the balance of practical instruction and purely academic thinking Consideration should be given to reorienting the thesis program toward longer range problems that may confront the military legal profession in the future rather than present problems
d The objective of increasing the variety of elective courses of students in the Advanced Course is highly desirable and should be continued and expanded to the extent feasible
e A specific compliment must be paid to the Librarian of the School for her diligent work in the cataloging and development of the acquisition plan of the Library Tremendous improvement has been seen in this one area and a tremendous amount of obvious hard work should not go unnoticed
10
Section 5
Allied Officer Program
Allied Officer Students During Fiscal Year 1973 the Judge Advocate Generals School was privileged to have as students in the 21 st Advanced Course and the 66th Basic Course allied officers from the United Kingdom Iran Jordan Pakistan and the Philippines See Appendix C
The Allied Officers received the same instruction took the same examinations and submitted written papers and theses as did their American colleagues These requirements indicate the high level of fluency in both the written and spoken aspects of the English language that these officers had achieved prior to their arrival at the School
During their stay the Allied Officers were escorted on tours of Jamestown Williamsburg and Norfolk In addition Allied Officers attending the 21 st Advanced Course
COL Fillton with LTC Ridao of the Philippines Squadron Leader Anwar of Pakistan and ivlA] Tehrali
of [ran Members of the 21st Advanced Class
1 I
Mrs Tehrani assists COL Douglass in Promoting MAJ Tehrani
Dean Monrad C Paulsen of UVA Law School visits with LTG Modares and MC Behzadi
12
wcrl cscorted on a DCSOPS Orientation Tour
or Washington DC for a one-week period
illlied Officer Gua dUC Visits On
2 November 1972 the annual banquet
honoring the Allied Officers was held at the
Monticello Hotel Distinguished guests
included The Judge Advocate General
LTG Modares Chief of the Iranian Judicial
Department and MC Behzadi Prosecutor
Ceneral Imperial Iranian Armed Forces
Other distinguished allied officers were
gucsts of the School for orientation visits
during the period covered by this report See
Appendix L
IvJAj Selwood (UK) 66th Basic Class
Allied Officer Gala
13
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Section 6
Interagency Education
The School continued this year to provide legal education to personnel from the other services and agencies within the Federal Government During the year our courses were attended by 48 Navy and Marine Corps officers 49 Air Force officers and 138 civilian employees of the Government from the Department of the Interior NASA the Atomic Energy Commission the U S Postal Service GSA FAA U S Water Resources Council the Department of Transportation GAO NSA the Department of Agriculture SBA ACTION USIA and the Army-Air Force Exchange System Our Basic Course provides the introduction to service oriented law for all of the Coast Guard legal officers and we provide a source of further education for the Coast Guard with our specialized programs
Coast Guard Officers and their Ladies at Basic class Reception
15
Captain William H Parks USMC a member of this years 21st Advanced Oass will be remaining at the School to join our faculty in the international and criminal law fields
Throughout the year the exchange of ideas methods and experience which was made possible by the inter-agency utilization of the School has been of immense value to all of the personnel and organizations involved
Representing the Women Attorneys in Uniform at T]AGSA
LT Dufford user (Basic class) CPT Casper USA (Basic Class) CPT Plaut USA (Basic Class) MA] Hunter USA (Faculty)
CPT Albertson USMC (Adv Class)
CMDR Cassani USCG Presents Basic class Diploma to LT Winona G Dufford USCG
CPT William H Parks US Marine Corps Representative on T]AGSA Faculty Teaching a class
in International Law
16
CHAPTER II
ACADEMIC DEPARTMENT
Section 1
Function and Organization
The Academic Department develops and conducts the Schools instruction for judge advocates in the active forces and Reserve Components Resident courses include the Judge Advocate Officer Basic Course an introductory course in military law for judge advocates initially entering active service and the Judge Advocate Officer Advanced Course which provides an academic year of graduate level study in military law and related fields During the year the department presents several specialized continuing legal education courses ranging from one to three weeks in length These include courses in military justice procurement law international law military personnel and administrative law law relating to military installations legal assistance claims litigation and environmental law Federal civilian employee law and a military judge course designed to qualify judges for the military judiciary The student body includes active duty and Reserve Component judge advocates of the Army Navy Air Force Marine Corps and Coast Guard civilian attorneys employed by the Federal Government and judge advocates from foreign countries The department also offers courses for warrant officer legal administrative technicians and enlisted legal clerks such as a Law Office Management Course the Noncommissioned Officer Educational System (NCOES) Advanced Course and courses for the training of paralegal assistants for military lawyers A three-day Senior Officers Legal Orientation is presented to brigade and installation commanders and other senior line officers In addition the department is responsible for all COL William S Fulton Jr of the Schools nonresident instruction Director Acade mic Department
17
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including the preparation and administration of extension courses the preparation of training material for judge advocates attending United States Army Reserve Schools or serving in Reserve Component units and the presentation of on-site instruction to Reserve Component unit judge advocates at their home stations
During the Fiscal Year 1973 36 resident courses were conducted with 1268 students in attendance Of the 998 Army officers attending courses 783 were active duty
LTC David A Fontanella Chief Civil Law Division
personnel and the remaining were reserve component officers Courses conducted during Fiscal Year 1973 appear at Appendix D Courses scheduled to be conducted during Fiscal Year 1974 are set forth in Appendix E
The official source of infonnation concerning courses of instruction at all Army service schools including The Judge Advocate
LTC Hugh R Overholt Chief Criminal Law Division
Generals School is the US Army Formal Schools Catalog (Department of the Army Pamphlet 350-10) That catalog provides detailed information for staff officers commanders and personnel officers who are concerned with the selection of individuals for school attendance for commissioned officers both active and reserve of the armed forces and all civilian employees of the Government who are interested in attending particular courses and for others who may MAl James R Coker wish to acquaint themselves with the Armys Cllie ICL Division
19
training opportunities In addition Army regulations govern related matters such as attendance by military personnel from foreign countries Quotas for the courses mentioned above except for the Military Judge Course and the Warrant Officers Course may be obtained through usual command channels Quotas for the Military Judge Course are controlled by the U S Army Judiciary in Washington DC Particular inquiries concerning quotas may be addressed to the Commandant The Judge Advocate Generals School US Army Charlottesville Virginia 22901
The organization of the department includes Civil Law Criminal Law International and Comparative Law and Procurement Law Divisions The School is fortunate to have a highly qualified and exceptionally well-motivated faculty The average tenure of the faculty member is three years with an absolute minimum of two full academic years The majority of the faculty has had graduate legal training with some members of the faculty having graduate training in other disciplines An important adjunct member of the faculty is the Schools Educational Advisor Dr John Sanderson Assistant Dean University of Virginia School of Education Dr Sanderson serves as a consultant on a variety of educational problems at the School with primary emphasis on methods of testing and teaching
A Deputy Director for Nonresident Instruction will coordinate Department efforts in the area of military legal instruction for ROTC in other service schools and in the USAR schools He will also coordinate and administer the Schools extension correspondence course program The on-site instruction program will be administered by the Deputy Director for Nonresident Instruction in coordination with the Assistant Commandant for Reserve Affairs
MAJ Richard E Mowry Dr Jolm A Sandcrsoll Chief Procurement Law Division Edlcati01lal Advisor
20
Section 2
Judge Advocate Officer Advanced Course
GClZcral This course offers an academic year of graduate study in all areas of military legal practice Highly qualified judge advocates of the Armed Forces of the United States and allied nations are selected to attend
The Advanced Course is designed to provide an opportunity for experienced judge advocates to renew the study of legal principles in an academic atmosphere The students are encouraged to apply modern legal theory to the problems arising in military settings thus preparing them to be more effective legal advisors to high-level military commanders and to assume positions of substantive responsibility in the offices of The Judge Advocates General
All students take the core curriculum of the four disciplines presented at the ScJh)ol--criminal law civil law international law and procurement law Supplementing
An Afternoon with a General Officer NIG Prugh in an informal seminar with members of Advanced Class
21
the core curriculum are electives presented by the University of Virginia and by the School
Successful completion of the course requires submission of a thesis of graduate level quality which makes a substantial contribution to military legal scholarship A thesis evaluation committee composed of the thesis advisor guest member and School representative grade each paper hear the oral presentation of the thesis by the student and examine the student orally following his presentation Thesis topics and scope notes of members of the 21 st Advanced Class may be found in Appendix F Guest members of the thesis evaluation committees are listed in Appendix G
Additional features of the Advanced Course include the newly instituted program of afternoon discussions with general officer judge advocates and practicing field staff judge advocates and full participation in the Schools conference programs The Advanced Class students have the opportunity to see international law and diplomacy in action when they travel to New York City for a visit at the United Nations During the three-day tour the class receives detailed briefings from the United States United Nations and foreign diplomats and legal advisors The students are given a complete tour of the UN Headquarters A trip to Washington D C provides class members an opportunity to be admitted to practice before the Supreme Court of the United States visit congressional hearings observe proceedings of administrative agencies and receive an orientation at the US Army Judiciary where class members may be admitted to the bar of the US Army Court of Military Review
S PRESENTED BY 21ST ADVANCED CLASS
1972-73
Plltlquc Syilluoliilli2 the 21st Advanced Class Gift of
Trees for Courtyard of NcUJ JAG School Building
22
Shortly after locating at the University of Virginia the quality of The Judge Advocate Generals School Advanced Course Program was brought to the attention of the American Bar Association A detailed inspection of the School by ABA represen ta tives was concl ucted anel 0 n 22 February 1955 the School was accredited by the ABA and its Advanced Course deemed worthy of the Master of Laws degree This accreditation was reaffirmed after a three-day inspection of the JAG School in March 1971
The 21st Advanced Class began on
28 August 1972 with 43 students 111 LTC Loftus Class Leader attendance 35 US Army Judge Advocates 1 US Navy Judge Advocate 4 US Marine Corps Judge Advocates 1 officer from Pakistan 1 officer from the Philippines and I officer from Iran The class was graduated on 1 June 1973 A list of the graduates is contained in Appendix H and the academic awards are noted in Appendix I
Han Hadlai A Hull Assistant Secretary of the Army
(Financial Managernellt) Graduation Speaker for 21 st Adlanceci Class
23
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Coursc Structurc The FY 73 Advanced Course was conducted in two semesters as follows (bracketed numbers following course titles refer to number of semester credit hours granted for that course eg [4 J)
REQUIRED COURSES - FIRST SEMESTER
GOVERNMENT CONTRACT LAW I [3]
The course deals with general principles of government contract law the role of the judge advocate in the procurement process the appropriations process procurement methods contract types and modifications Attention is also given to cost principles and truth-in-negotiations as well as socio-economic policies
CRIMINAL LAW I [2]
This course focuses on the criminal process to include initiation of processjudicial responsibilities of the commander parties to the proceedings trial processes and the appellate process Problems in jurisdiction pretrial confinement trial publicity and professional responsibilities are also considered in roundtable discussions
MILITARY AND CIVILIAN PERSONNEL LAW [2]
A survey of military personnel law civilian personnel law and labor-management relations with emphasis on policy considerations and the lawyers role Special attention is given to legislation personnel affairs litigation conflicts of interest and release of information
INTERNATIONAL LAW I [2]
A basic outline of the rules of public international law as a system or tool used by nations to control guide clarify and proceduralize the relations between nations traditional and contemporary views of international law the state international and regional organizations associations and individuals as participants in the system how decision-making authority is allocated in the system on the basis of jurisdiction and municipal law and peaceful means of dispute resolution concentrating on types of international agreements
MILITARY ORGANIZATION AND OPERATIONS [2J
The organization of the Department of Defense and the Department of the Army to include the organizations missions functions and inter-relationships of DOD Army staffs and major commands and agencies the organization and command structure of an
25
overseas theater of operations to include the command relationships in joint and combined commands and the territorial organization of the theater of operations
REQUIRED COURSES -- SECOND SEMESTER
CRIMINAL LAW II [3]
The course covers constitutional criminal problems trends and developments under the Manual for Courts-Martial United States 1969 (Rev ed) and the Fourth Fifth Sixth and Eighth Amendments Consideration of the law of crimes drugs and affirmative defenses is followed by discussion of wiretapping custodial interrogation psychiatric evidence and search and seizure The course includes discussion of corrections and extraordinary relief
LEGAL PROBLEMS OF COMMAND [2]
A survey of the law of military reservations (jurisdiction and conflicts of law) regulatory law civil rights and management (manpower and fiscal) Special emphasis is given to race relations environmental law dissent command authority and control of military installations
GOVERNMENT CONTRACT LAW II [2]
This course is a continuation of Government Contract Law I It focuses on contract administration covering such areas as contract terminations inspection acceptance and warranties and disputes and remedies Attention is also directed to nonappropriated funds off-shore procurement and service contracts
MANAGEMENT FOR MILITARY LAWYERS [2]
Manpower management includes discussion of manpower vouchers staffing guides preparation of Schedule Xs modification of TDAs the relationship between spaces dollars and position delineation Fiscal management emphasizes the fiscal process of budget programming execution and review at the installation level Personnel management stresses the hehavioral science approach to management of people including job enrichment and motivation theories of organizational psychology The military lawyer analyzes his own management style with Blakes Managerial Grid and measures his ability to understand and motivate subordinates
INTERNATIONAL LAW II [2]
A study of the involvement and interrelation of nations through the concepts of
26
self-defense intervention human rights and various types of warfare A detailed examination of the laws of warfare concentrating on land warfare but including sea and air warfare the reporting handling and processing of violations of the law of war by national and international agencies and Geneva Convention training and the role of the military lawyer in implementing the rules of the Law of War
IiLc[rVE COURSES -- FIRST SEMESTER
FEDERAL CLAIMS AND LITIGATIGN (I credit)
A study of the procedure and basis for
the acijuciiciation payment and collection of claims by the United States with emphasis on the Federal Tort Claims Act Military Claims Act and claims in favor of the United States under the Federal Claims Collection Act and the Medical Care Recovery Act Actual claims problems and their resolutions stressing litigation and court decisions will highlight
the growing importance of claims administration 1I1 the field Future responsibilities of the judge ldvocate will be outlined in a treatment of the Federal litigative process with discussion of service of process pleading motions and discovery Squadron Leader Anwar Entertains
under the Federal Rules of Civil Procedure
INTERNATIONAL LAW OF HUMAN RIGHTS (I credit)
Working with international documents to include the OAS Charter the Genocide Convention European Human Rights Convention General Assembly Declarations and the 1949 Geneva Conventions as well as with various national constitutions the student will
examine those human rights generally respected by nations The role of the Judge Advocate Officer in implementing these rights within the military through education training preventive law or other programs wiII be discussed Thus the student will be better able to advise and assist commanders and their personnel both before and during hostilities Using individual problems each student will make an oral presentation and submit a short
paper on his problem area
27
MILITARY JUSTICE LEGISLATION SEMINAR (I credit)
This seminar addresses the following pending bills (1) requiring unanimous verdicts by courts-martial 0) Hatfields joint service concept (3) Bayhs court-martial commands (4) random selection of court members (5) pretrial procedure-investigation by magistrate and bail (6) increasing power of judge to sentence suspend and defer sentences (7) proposals to eliminate the post trial review or remove it from the convening authority (8) proposals to increase the jurisdiction of military appellate courts and to allow direct appeal from the Court of Military Appelt1ls to tha United States Supreme Court (9) the scope of Article 62(a) and (10) proposals to extend the military contempt article The objectives are to familiarize the class with the pending legislation and to stimulate creative thinking The seminar begins after the class has sufficient grounding in current military law to appreciate suggestions for change Each student writes a short paper which recommends new legislation criticizes current proposals or advocates adoption of a current proposal
CONTEMPORARY JUDGE ADVOCATE PROBLEMS 0 credits)
This seminar meets 12 sessions of two hours each for discussion of a variety of problems facing the military lawyer to include his relationship to the Army the educational program for military lawyers judge advocate responsibilities for resolving contemporary
Advanced Class Skit at [jAGSA Purty
28
pro bkll1s including flow of gold drug abuse racial confrontations pli bl ic and communi ty
rciltions professional responsibilities of clefense counsel control of courts-Illartial hy
military judges organization training and retention of reservists judge advocate office
organization war crimes problems civilian offenders and responsibility in scntencing of
offenders Each student will make a presentation and lead a group discussi)n A slnrt
paper is required
ILnCl1VE COURSES -shySECOND snMESTER
PI RSONAL LEGAL PROBLEMS OF
llL1TARy PERSONNEL II [II
This i~ a continuation of the first
semester seminar on legal assistance topics of
concern to judge advocates supervising
counseling services for military personnel and
thcir dependents The seminar will treat
common legal problems in the following
areas real estate transactions estate
planning investment counseling domestic
relations motor vehicle ownership and
military retirement programs and benefits
SJA OPERATIONS IN MILITARY JUSTICE [IJ
An examination and analysis of the organization problems and operation of the
Staff Judge Advocate office in the field of Military Justice The seminar will include
discussions of the organization of the Military J Llstice Division wi th i n 1 Staff Juclgc
Advocate office and relationship of the Staff Judge Advocate to the Deputy Stafr Judge
Advocate Chief of Military Justice Chief of Staff Commanding Genera inferior
courts-martial convening authorities the Provost Marshal and civilian law LnforCLment
personnel The seminar will also examine the processing of inferior cOllrh-Illartiil ll1d
Article 15 UCMJ proceedings pretrial and post trial processing of glneral courts-martial
the detailing of court members counsel and the military judge and the lundling or confinement problems
CONTEMPORARY MILITARY POLICY 12J
The purpose of this seminar is to promote understanding of thL Army till (lCLl]
and political environment in which it operates and selected military pulicy h)llc
confronting the nation and its armed forces
IMPLEMENTATION OF THE LAW OF WAR [I]
A review of 1972 and 1973 draft protocols and papers prepared by the International Committee of the Red Cross for implementation of the law of war in international and non-international conflict In context of US military force structures weapon systems and modern warflre a determination of an acceptable Army position on such proposed agreements Preparation of a position paper on a limited number of issues most pertinent
to the Army
GOVERNMENT CONTRACTS AS AN INSTRUMENT OF SOCIAL POLICY [I J
A study of the socio-economic policies in Government contracting their effectiveness and other alternatives to meet the social problems in the United States today Specific socio-economic policies covered will include small businesses labor standards labor surplus and labor surplus set-asides Buy National programs and equal opportunity programs
WEAPONS SYSTEMS ACQUISITION III
A study of the process of procurement of major weapons systems problems of such procurement and possible im provements to the process The proced ure will be traced
from the initial decision between competing systems to the selection of the source fm svstem development
30
Section 3
Judge Advocate Officer Basic Course
GellerLlI The life blood of the Judge Advocate Generals Corps is the grlduates of the twelve-week Basic Course which consists of Phase I four weeks presented at the U S Army Military Police School at Fort Gordon Georgia and Phase II presented in eight weeks at TJAGSA The Basic Course is a practical how-to-do-it course as contrasted with the graduate level Advanced Course Highlights of the course are instruction in the four major fields of military law and in practical exercises which will prepare the newly appointed judge advocate for his first duty assignment and particularly for military criminal trial practice
A moot court program is a continuing feature of the instruction given Basic Course students This program is designed to give new judge advocates practical experience in military trial practice and procedure Moot courts are simulated general courts-martial
Husband alld Wife Legal Teams in 65th Basic Class CPTs Peter alld Joyce Plaut and CFTs Joseph and Madge CCLlper
31
based on fact situations prepared by faculty members The positions of trial and defense counsel members of the court and witnesses are filled by members of the Basic Course Each student has at least one opportunity to act as trial or defense counsel The military judges part is played by members of the staff and faculty the Advanced Class or the
U S Army Judiciary who are certified military judges
Each class travels to Washington D c where they are admitted to practice before
the United States Court of Military Appeals
During FY 73 four Basic Courses-the 65th 66th 67th and 68th--were conducted at the School A total of 238 officers were graduated including IS officers of the United States Coast Guard and one allied officer each from Jordan and the United Kingdom A list of the graduates of the Basic Classes is contained in Appendix J and the academic awards arc noted in Appendix K
MG Harold E Parker The Assistant Judge Advocate General Gives Basic Class Graduation Speech
32
Course Structure The course curriculum and scope are as follows
CRIMINAL LAW [88 platform hours]
Introduction (2) Jurisdiction (2) Evidence (IK) Trial Technique (6) Documentary Evidence and AWOL (4) Affirmative Defenses (6) Review of Inferior Courts (2) Appellate Review and Extraordinary Relief (3) Procedure (26) Interview of Witnesses and Accused (3) Pretrial Advice and Post Trial Review (6) Article 15 (4) Review for Examination (2) Examination (4)
CIVIL LAW [74 platform hours]
Introduction (1) Military Personnel Law (9) Civilian Personnel Law (4) Labor-Management Relations (4) Boards of Officers (3) Law of Military Installations (12) Military Assistance to Civil Authorities (2) Claims and Litigation (12) Legal Assistance (12) Civil Rights (2) Drug Abuse (2) Dissent Seminar (2) Race Relations (4) Research Problems (6)
PROCUREMENT LAW 66th Basic Class Gift [21 platform hours] Being Presented to Commandant
Introduction and General Principles (3) Appropriations Process (2) Judge Advocate Responsibilities (2) Procurement Methods (4) Contract Types (1) Socio-Economic Policies (1) Nonappropriated Fund Procurement (I) Disputes and Remedies (2) Inspection Acceptance and Warranties (I) Examination (I)
INTERNATIONAL AND COMPARATIVE LAW [10 platform hours]
Recognition of problems involving international and foreign law with respect to claims and legal assistance and sources for solutions to such problems (I) Basic rules of criminal jurisdiction under status of forces agreements the Trial Observers Report (I) The fundamental laws and rules of the Law of War (2) Techniques of Military Instruction (2) Geneva Convention Training (2) Recurrent problems in using or instructing 011 the Law of War (2)
MILITARY OPERATIONS AND MANAGEMENT [4 platform hours]
Introduction to U S Defense structure and command and staff relationships within
33
this structure with emphasis on the relationships between the commanding officer of the installation Staff Judge Advocate and other installation command and staff elements
RACE RELATIONS SEMINAR [4 platform hours]
Students survey current race relations problems at the military installations based upon case studies in order to detennine the cause and effect of racial tensions Seminar participants discuss statutes regulations and current Army policy designed to prevent discriminatory practices and promote racial harmony in the military service
LEGAL RESEARCH PROBLEMS [8 platfol111 hours]
In this office practice exercise each student researches and prepares an opinion on selected legal problems commonly encountered at the militalY installation He then makes a classroom presentation of his work using an appropriate pedagogical technique with a view towards instructing his fellow students in the law
Basic Class Recep tion
34
Section 4
Resident Continuing Legal Education Courses
CIVIL LAW I (5F-F5)-Two phases (l week each)
Phase I--Law of Military Installations Law and current legal problems relating to military reservations nonappropriated funds military assistance to civilian authorities and installation management with special emphasis on control of installations and challenges to commanders authority by court processes
Phase II--Claims Claims regulations and procedures with emphasis on the Federal Tort Claims Act and claims in favor of the Government Panel discussions on injury evaluation and medical care recovery highlight the practical aspects of the course
CIVIL LAW II (5F-F2)--Two phases (1 week each)
Phase I--Personnel and Administrative Law A study of statutes regulations and court decisions concerning military personnel law boards of officers conflicts of interest military compensation line of duty determinations and release of information Attention will also be given to current administrative law problems with panels of experts
Phase II-Legal Assistance Study of current legal problems and court decisions which affect the military serviceman including consumer protection family law taxation immigration small claims property settlements and bankruptcy
INTERNATIONAL LAW (5F-F3)--2 weeks
International agreements jurisdiction State responsibility Status of Forces Agreements conduct of hostilities war crimes and internal armed conflict Geneva Conventions and the New Protocols Responsibility and Superior Orders
JUDGE ADVOCATE OVERSEAS OPERATIONS (5F-F14)--1 week
A review of civil and criminal codes of countries where large numbers of US personnel are stationed and the rules established for the conduct of US personnel through Status of Forces Agreements Emphasis is upon the role of the judge advocate in assisting US personnel in the conduct of their legal affairs in a foreign country in protecting
35
jJAl Rice
MAl Suarez
the interests of the Government in civil litigation and in protecting the interests of US personnel charged with crimes by a foreign country
JUDGE ADVOCATE RESERVE COMPONENT FIELD GRADE OFFICER REFRESHER (S-27-C8)-2 weeks
To further qualify the judge advocate in matters relating to the performance of legal duties involving international and comparative law and administration of military justice and to provide a more comprehensive knowledge of the fundamental principles of Government contract law and the role of the procurement legal advisor organization of the Army developments in tactics military correspondence command and staff procedures and National Guard and Army Reserve activities
LAW OF FEDERAL EMPLOYMENT (SF-FI0)-1 week
Civilian Personnel Law Hiring promotion and discharge of employees under the FPM and CPR role of the Civil Service Commission procedures for grievances appeals and adverse actions personal rights of employees
Labor-Management Relations Rights and duties of management and labor under Executive Order 11491 and DOD Directive 14261 negotiation of labor contracts impasse mediation administration of labor contracts and procedures for arbitration of grievances
LAW OF WAR amp CIVIL MILITARY OPERATIONS (SF-F4)-2 weeks
A review of the basic law of war with an up-date on the latest changes and developments in the area A detailed examination of international customs and treaty rules affecting the conduct of
CPT IlIlwinl~elried
36
us military forces in civilmilitary operations and in all levels of hostilities The Geneva Conventions and their application in civilmilitary operations and in various types of combat operations and missions to include problems of refugees labor psyops
legislation and public relations
LITIGATION AND ENVIRONMENT LAW (SF-FI3)--1 week
Review of Federal Rules of Civil Procedure Judge Advocate coordination with Department of Justice and procedural law relating to practice before administrative agencies Preparation of litigation reports and techniques of evaluating liability and amount of damages
MILITARY JUDGE (SF-F9)--3 weeks
To qualify military lawyers to perform duties as full-time military judges at courts-martial with emphasis on special courts-martial Conference panel and seminar forums are utilized to cover substantive military criminal law defenses to crimes instructions to the court rules and principles of evidence trial procedure and current military legal problems
MILITARY JUSTICE (SF-Fl)-Two phases (I week each)
Phase I--Administration of Military Justice An examination of the administration of military justice to include recent developments in criminal law and the functions and problems invoived in pretrial and post-trial procedme
Phase IJ-Trial Advocacy Intensive instruction in trial practice to include problems confronting trial and defense counsel
37
CPT AdatIs
CPT illlltall
CFJ lurJut
MAJ McGo lIA1i1
AlA) LlIlc
AJAr Gilligal
PROCUREMENT ATTORNEYS (5F-Fll)-2 weeks
Study of legal problems arising in the following areas general principles including the authority of the Government and its personnel to enter into contracts contract formation including appropriations formal advertising basic contract types and socio-economic policies contract performance including modifications~ disputes including remedies and appeals
PROCUREMENT ATTORNEYS ADVANCED (5F-FI2)-2 weeks
Study of legal problems arising in the following areas incentive contracting funding competitive negotiation socio-economic policies Government assistance state and iocal taxation modifications weapons system acquisition truth in negotations terminations labor relations problems contract claims and litigation
SENIOR OFFICER LEGAL ORIENTATION COURSE-3 days
Civil law to include installation management labor management relations military personnel law llonappropriated funds investigations legal assistance claims and litigation criminal law to include search and seizure confessions the responsibilities of the convening authority before and after trial and the options available to commanders in varibus military justice situations
STAFF JUDGE ADVOCATE ORIENTATION COURSE (5F-FI 5)--1 week
A survey of new developments in the areas of military justice civil law procurement and international and comparative law
38
Section 5
Nonresident Instruction
The Office of Nonresident Instruction was added to the Academic Department to coordinate and administer the various forms of nonresident instruction offered by the School The office is headed by the Deputy Director for Nonresident Instruction
The office is divided according to the instructional methods employed The immediate office of the Deputy Director is responsible for supplying instructional materials for use by instructors at other institutions Materials are supplied annually to USAR Schools for instructing 7000 Officer Advanced Course and 2000 Officer Basic Course students of other than J AGC branches and 85 JAGC Advanced Course students ROTC cadets receive instruction on their college campuses utilizing NRI materials The Deputy Director also maintains liaison with the US Military Academies other Army service schools and schools of other Armed Forces Active Army unit training support is also a function of the office
The Correspondence Course Office is responsible for supplying students with self-instructional materials Approximately 2500 students are carried on the rolls annually including officer and enlisted personnel of the Active Army and Reserve Components andmiddot personnel from allied nations About 20000 correspondence course students of other Army service schools take subcourses supplied by NRI
39
MAj james A Endicott Jr Dep Dir for Nonresident Instruction
CPT joseph W Hely Jr and Mr Robert 11 Alerritt
The following courses are currently offered by correspondence
Judge Advocate Basic Indoctrination Course
Judge Advocate Advanced Course
Special Courses Specialization Courses for Senior J AGC Officers Military Law for Commanders and Staff Officers Course Legal Warrant Officers Course MOS 713A J AGC Senior NCO Course GCM Legal Clerks Course MOS 71D50 SPCM Legal Clerks Course MOS 71 D20
All Advanced Course students enrolled on 1 September 1973 will be required to complete a writing requirement administered by the Deputy Director Thesis advisors will be assigned to each student to assist in topic selection and organization of the 15-20 page 3000 word minimum papers
CJYr (P) Terry Devliu IS Promoted (Finally)
40
Section 6
Paraprofessional Courses
The Legal j)artl[JToessional The implementation of the Military Justice Act of 1968 and the Pilot Legal Assistance Program have placed extraordinary demands on the time of the Army lawyer A partial answer to these demands is the development of military legal paraprofessionals During the second week of February the Civil Law Division conducted the first Legal Paraprofessional Course in legal assistance The course attended by 21 secretaries and enlisted men from Army and Coast Guard judge advocate offices is the first step in the fonmll development of legal para professionalism in the Army The Criminal Law Division also graduated its first group of paraprofessional students in February 1973 The paraprofessional courses are designed to instruct legal lay assistants in the duties and administration of the military justice division of installation judge advocate offices It is planned that future instruction in these resident courses will include
PARAPROFESSIONAL COURSE--CIVIL LAW-I week
Legal research and instruction in legal assistance to include interview techniques recognition of non-legal problems preliminary drafting of routine legal documents and other substantive legal matters
PARAPROFESSIONAL COURSE--CRIMINAL LAW-I week
An overview of the entire military justice system disposition of charges interview of witnesses preparation of vouchers subpoenas depositions and similar documents administrative review of Article 15 punishments and other substantive legal matters
WARRANT OFFICER AND SENIOR LEGAL CLERK COURSE (7 A-713A 7lD50)--1 week
Review and discussion of the legal administrative technicians and senior legal clerks roles as office managers of a judge advocate office or activity with particular emphasis on effective management of personnel equipment work flow and fiscal resources
LAW OFFICE MANAGEMENT-l week
A new course for warrant officers and senior legal clerks in March 1974
41
Cl1middot)2 Clorlcs L West jJ(r(leyal Fraililly Officer
BG Lawrence H Willimrls Assistallt jucZle Advocate General for Military Law
Prescnts Diplolla to DistillYllished Gradllate of NCOES COllrse
42
NONCOMMISSIONED OFFICER EDUCATION SYSTEM On 15 June 1973 the School graduated its first NCOES Course The initial input of 12 students MOS 71D and 71 E were tracked with MOS 71 L (Administrative Specialist) students during the first nine weeks of schooling conducted at Fort Benjamin Harrison The final two weeks of advanced MOS training 71 D and 71 E were conducted here at Charlottesville
CPT WorkmanCPT Wagller
lVIA] White CPT Robie
43
1972 JAG Conference BG Persons 13G Montgomery US4R Mr Kendall Barnes GC AMC BG UpjJ USAR BG Babbitt foreground
Receptioll HOllorillg Conference Banqzl(t Speawr Mr jllstice 10111 CZellh MG Prugh Mr justice Clark Mrs Douglass COL Douglass CfYr Griffin
44
CHAITER III
CONFERENCES VISITORS AND SEMINARS
Section 1
JAG Conference
During the week of 1-5 October 1972 the School again hosted the world-wide JAG Conference an annual event which brings together senior judge advocates from all major Army Commands throughout the world as well as representatives from the sister services for the discussion of current problems and developments in military law Speakers and panelists provided updates and briefings on all aspects or criminal civil procurement and international and comparative law
A unique feature of the 1972 Conference was the attendance by personal invitation of The Judge Advocate General US Army of a number of JAGC warrant officers and
Mr JOllil l lJlIstCriU lr I Fred J)llhardt
45
senior legal clerks Headlining the Conference list of speakers was Mr Justice Tom C Clark who was the banquet speaker Other distinguished speakers included Department of Defense General Counsel 1 Fred Buzhardt Attorney General Robert B Morgan of North Carolina Deputy Assistant Secretary of Defense John A Busterud and Harvard Pro fessor Richard Baxter
Social events highlighting the evenings of Conference Week included the annual Conference Banquet the Icebreaker and a new addition this year an informal Hawaiian RampR party
Hawaiian RampR Hlrty
46
Mr Robert B Morgan
Section 2
The Judge Advocate Generals Reserve Conference
The School hosted the fourth annLlal Judge Advocate Generals Reserve Conference from 30 November to 2 December 1972 The conference focused on Special Interest Groups and Conferee Workshops Special Interest Groups included JAGSO Detachment Commanders ARCOM SJAs Training Division SJAs and Troop and Civil Affairs SJAs Workshops were conducted and reports made to the conference on the subjects of Civilian Personnel and Employee Unions Race Relations Environmental Law Search and Seizure and Drug Abuse
Among speakers and guests were Dr Theodore C Marrs Deputy Assistant Secretary for Reserve Affairs Department of Defense MG J Milnar Roberts Chief Army Reserve MG George S Prugh The Judge Advocate General MG Harold E Parker The Assistant
BG Upp BG Montgomery Dr Marrs COL Douglass and RADM Staring at Judge Advocate Generals Reserve Conference
47
LTC Fontullelle and COL Selleider
Jldge Advocate General BG Robert D Upp USAR Assistant Judge Advocate General Special Assignments (MOBDES) BG Edmund W Montgomery II Chief Judicial Officer (MOBDES) and Colonel William B Carne Chief Litigation Division OTJAG
Social events included an Icebreaker cock tail party at the Officers Open Mess and the Conference Banquet at The Holiday Inn Afton Mountain
COL Fulton and COL Garber
48
Section 3
National Guard Judge Advocate Generals Conference
The Second Judge Advocate Generals National Guard Conference was hosted by the School in Marcil As with the first conference emphasis was placed upon military law as it applied to the National Guard Conferees workshops were similar to those held during the Reserve Conference
Among the invited speakers and guests were LTG Harris W Hollis Chief Office of Reserve Components MG George S Prugh The Judge Advocate General MG Francis S Greenlief Chief National Guard Bureau MG Harold E Parker The Assistant Judge Advocate General and Mr Robert B Morgan Attorney General North Carolina
Social events included an Icebreaker cocktail party at the Officers Open Mess and the Conference Banquet at AftJn Mountain HolidJY Inn
AIG Chelley 11ze J[(z(e Advocate Gelleral of the Air Jorce
alld Air Force National Guard Participants at Conference
49
LTG and Mrs Hollis
COL James B Deerin
MG William ] McCaddiil T1w Adjutant General Va ARNG
50
Section 4
Speakers and Visitors
The professional atmosphere of the School is enhanced by an active guest speaker program through which distinguished experts are invited to address the various classes and the entire School community There are two formal lectureships established in conjunction with the two academic chairs at the School This year the Second Kenneth J Hodson Lecture in Criminal Law was given by Professor Yale Kamisar of the University of Michigan School of Law As mentioned previously the First Edward H Young Lecture
on Military Legal Education was given by Professor Delmar Karlen
Many officers governmental officials practicing attorneys and educators visit the
School to observe portions of its programs A list of the guest speakers and distinguished persons visiting in 1973 is contained in Appendix L
Mr Doll Droge Natiollal S(cllritv CollIcit Staff
51
MG Kenneth J Hodson Chief
USA Legal Services Agency
Prof Helmut Rumpf Office of the Legal Advisor
Foreign Office Federal Republic of Germany
Hon Robert M Duncan Judge US Court of Military Appeals
52
Mr Jack Stempler General Counsel us Air Force
Frederick Hernavs Iliiclicr COL -AGC (ltetj
l1JG Lloyd B Ramsey The Provost Marshal General
53
MG George S Prugh The Judge Advocate General of the Army
Prof Yale Kmnisar
JudRe Tim Murphy D C Superior Court
54
Section 5
Race Relations Seminar
From 17-19 January 1973 The Judge Advocate Generals School was host to a race relations seminar The seminar brought together judge advocates from CONUS and overseas commanders provost marshals and others experienced in race relations and military justice The primary purpose of the seminar was to aid judge advocates in advising their commanders and staffs concerning race relations and racial incidents and the handling of such
The two-day agenda included small--group discussions of such matters as the following
(a) Racial problems confronting judge advocates law enforcement and command authorities in the field
(b) Indicators and warnings of racial disharmony which may cause or contribute to offenses
(c) Guidelines for effective solutions to racial problems of the command
Cd) The role of the staff judge advocate in race relations 111 the command
This seminar was but a small part of the race relations program developed by the School during the past year Race relations instruction was an important feature of the
55
elYT Grahanl
elYl Criflill Race Relatiolls Illstructors
Race Relations Seminar
Basic and Advanced Classes Elements of this instruction included the basic causes of racial unrest in the military personal and institutional racism applicable civil legislation and military justice problems The Advanced Class curriculum also included a 12-hour race relations elective which dealt with both specific problem areas and served as a speaking platform for individuals involved in the race relations field In addition race relations instruction and workshops were held during the Annual Judge Advocate Generals Conference Reserve Conference National Guard Conference and many of the other short courses offered throughout thc year Additional instruction and seminars have been planned for the coming academic year in an attempt to meet the challenge of this extremely important and sensitive area
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CHAPTER IV
DEVELOPMENT DOCTRINE AND LITERATURE
Created 1 March 1973 the Development Doctrine and Literature Department (DDL) is responsible for combat developments doctrinal and legal literature military operations and management and professional liaison and development In its role as combat developer for the Corps DDL must ensure that JACC will have the necessary resources to perform its mission in the Army in the future DDL has taken steps to end the court reporting equipment problem that exists today DDL members formerly with CDCJ AA which had initiated the justification for new court reporting equipment guided the project to AMC Procurement of the needed equipment is projected for the near future
In addition to ensUling proper materiel allocation DDL also ensures effective personnel allocation in planning for the Army of the future In the course of investigating personnel developments DDL prepared a recorm1ended Table of Organization and Equipment (TOE) for a separate defender program and prepared a staff study recommending the use of paralegal assistants LTC John L Costello Jr
Director Development Doctrineby military lawyers and Literature Department
Most recent of its developmental accomplishments is the experimentation in the area of Automated Legal Research Provided by the US Army Judiciary with volumes of courts-martial statistics DDL programmed the statistics into an automated data bank Such an automated system enabled DDL to rapidly and accurately make recommendations for more effective allocation of personnel while studying the feasibility of a separate defender program
DDL is charged with review of doctrinal literature for legal sufficiency and has provided input to force concepts and designs in the Armys combat development process Also of a doctrinal nature is the responsibility for instruction in military operations and
57
management The Military Operations and Management Division of DDL is responsible for all instruction in military arts and sciences the defense structure command and staff procedures and Army management
In keeping with its mission of professional development DDL provides an office for liaison with professional associations both legal and military In establishing liaison with professional associations such as ABA FBA AUSA etc that office has also monitored Law Day USA observances throughout the Army and coordinated after-action reports Enthusiasm for Law Day 1973 observances was enhanced by JAGCs receipt of a ABA Award of Merit for its 1972 observance
DDL is also responsible for publication of the Military Law Review The Army
Lawyer and the Judge Advocate Legal Service discussed in Chapter V
CPT John D Home Professional Liaison Office
58
MAJ James R Wessel Chief Military Operations
Management and Plans Division
-- - CPT Daniel Worlltin1
011 Computerized Study
CHAPTER V
PUBLICA TIONS
The Military Law Review a law quarterly identical in format to the leading civilian legal journals is distributed to all judge advocates in the Active Army and the Ready Reserve In addition the Superintendent of Documents Government Printing Office sells copies and subscriptions to all interested civilian agencies and individuals
The Law Review contains lead articles comments and notes of interest to military law practitioners Theses written by students of the Judge Advocate Advanced Course are a primary source of articles Comments notes and articles from judge advocates in all three armed services foreign military and civilian lawyers members of the staff and faculty law school professors reserve judge advocates and civilian attorneys are also published During Fiscal Year 1973 Volumes 57-60 were printed Instituted during this fiscal year was a series of comnents on historic courts-martial to be continued in future volumes of the Law Review
The Catalog of Advanced Class Theses was revised by the Publications Division and distributed during FY 72 A supplement to the Catalog was compiled and distributed during FY 73
The Judge Advocate Legal Service (JALS) is responsible for rapid dissemination of the latest military law and items of interest to judge advocates around the world J ALS is printed bi-weekly in Charlottesville Virginia and distributed in over 7600 copies to all three armed services J ALS digests all cases decided by the United States Court of Military Appeals most published Court of Military Review decisions Federal Court decisions affecting the armed services and actions by The Judge Advocate General under Article 69 Uniform Code of Military Justice
59
The Army Lawyer a how-to-do-it type journal provides practical and timely
information to judge advocates in the field This monthly periodical incorporates claims personneL and legal assistance information previously found in other publications
The Manual for Courts-iVlartial Annotation Third Edition (1973) a significant research tool on military law was prepared in an updated version during Fiscal Year
1973 as DA Pamphlet 27-13 The Annotation contains case citations a citation of appropriate regulations and a cross-index to the Military Judges Guide To facilitate
research the Annotation is designed to be interleafed on a chapter-by-chapter basis with the Manual
In addition the following texts were submitted during FY 73 to the Office of The
Judge Advocate General for pUblication as Department of the Army pamphlets
Administrative Law Handbook Eyjdence Jurisdiction Legal Guide for the Soldier Trial Proced ure
Printed as special texts to support
resident instruction in some cases pending availability as DA Pamphlets were the following
Civil Law Basic Oass Deskbook Criminal Law Basic Class Deskbook Effective Research Aids (Civil Law) Evidence Law of AWOL Military Administrative Law Senior Officer Legal Orientation Texts Trial Procedure
During the course of FY 73 many articles authored by members of the staff and facul ty and were pu blished A list of those articles is contained in Appendix M
60
CPT Stephell L Buescher Clz ief Doctrine and Literature Division
CPT ] Alullill Editor Military Law Review
CHAPTER VI
RESERVE AFFAIRS
General The reorganization of the Army with the shifting emphasis on the Reserve program resulted in the establishment of the Office of the Assistant Commandant for Reserve Affairs arid Special Projects The overall mission of this office is to develop and implement a program to improve the readiness capability of the Army Reserve Component Judge Advocate Generals Corps personnel This mission has been broken down more specifically to provide for the career management of all JAGC reserve officers which includes providing liaison with the United States Army Reserve Component Personnel and Administration Center to develop and administer a program of technical training and to maintain liaison with the individual Reserve or National Guard components the Army Readiness Region Commanders and the CONUS Armies To accomplish these functions the Office has been subdivided into the Career Management Division and the Reserve Training Division
Career Management Division As a result of greater emphasis being placed on the Reserve program added consideration has LTC Keith A Wagner been given to the career management of all Assistant Commandant reserve component JAGC officers More for Reserve liffairs resources have been allocated toward advising individual reserve JAGC officers upon matters affecting their careers such as appointments transfer federal recognition of National Guard component officers and educational qualification for promotions This advice has become more important to the JAGC reserve officers because the competition for appointment assignment and promotion has become keener in the recent year
Career counseling is carried out primarily through correspondence but during the past two years with the JAGSO team training being conducted at TJAGSA personal interviews have been conducted by members of the divisions Such interviews are more desirable because in the course of this counseling the Reservists are alerted to important aspects of their career pattern Personal interviews are also conducted when officers of
61
LTC James N McCune Chief JACC Reserve Cornponents
Career hlanagement
the department make staff liaison visits to JAGSO detachments throughout the year Reserve units visited during FY 73 are listed in Appendix N
In the next academic year the channels of communication will be vastly improved by the on-site training to be given by the faculty from the School As part of these training visits the faculty member will bring back any inquiries from individuals regarding career problems to the Office of Reserve Affairs
As a further service to reserve component officers a Judge Advocate Reserve Components Directory is published annually This directory contains the names addresses type of assignment and the nature of civilian employment for more than 1800 Reserve component JAG officers
Reserve Component Training Divisioll The reorganization of the Army has resulted 111 the development of the Reserve Component Technical Training otherwise referred to as on-site training The program includes a six-hour block of instruction by faculty members from each of the four academic divisions of TJAGSA During the first academic year two hundred and twenty-five visits will be made under the program The purpose of the visits will be to bring all reserve component JAGC officers up to date on the most recent changes in military law and to inform the officers of the organizational changes in the JAG Corps
In addition the overall training program includes nonresident training on-the-job training of J AGSO Detachments at active Army installations throughout the country the Reserve Components General Staff Course and the cyclical resident training for specific J AGSO teams The on-the~job training is proving very successful During the past training year more than fifty percent of all J AGSO Detachments were participating in hands on training at active Army installations In addition all J AGSO teams except the 33 General Court-Martial tcams were assigned a training site appropriate for their mission for ADT 1973 ie Procurement teams to procurement centers Claims teams to Army Oaims Service etc
With regard to resident training during the summer of 1973 a trall1Jl1g program for General Court-Martial teams totaling over 210 men was conducted at TJ AGSA This training was supported by the 1050th USAR School West Hartford Connecticut and
62
included an update on court-martial procedures substantive law and a series of moot courts Greater emphasis was placed on training the court reporters and to that end new more sophisticated equipment was provided
Forecast for the coming academic year is the Reserve Component Technical Training (on site) and the Reserve Senior Officers Legal Orientation Course The SOLO course is designed for officers who are not members of the JAG Corps but who by virtue of their duties as commanders require a knowledge of military law In addition the US Army Reserve Judge Advocate Conference is scheduled for November 1973 and the National Guard Judge Advocate Conference is scheduled for March 1974 The purpose of these two conferences is to bring the senior
CPT Eldon D Robertsreserve component Judge Advocates to Chief Training OfficeTJAGSA to discuss common problems and
bring them up to date on the latest developments in military law and new innovations in the reserve program
Chief Judge Darden of the U S Court of Military Appeals and JAGSO Detachment Members at COMA Admission Ceremony
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CHAPTER VII
PROFESSIONAL ORGANIZA TrONS AND DEVELOPMENT
American Bar AssociLztion Pursuant to TJ AGSA policy the School maintained active participation in the American Bar Association during FY 1973 Five representatives from TJAGSA attended the ABA Annual Meeting in San Francisco during August of 1972 one of whom along with MG Prugh represented the Corps in receiving an ABA Award of Merit for outstanding observance of Law Day 1972 In additon four members of TJAGSA traveled to Cleveland in February of 1973 for the ABA Mid-Year Meeting
As an indication of the active participation by the personnel of the School many held positions of responsibility in the organization The Commandant served in an advisory capacity to the Standing Committee on Legal Assistance to Servicemen one member represented the Armed Forces (District 15) on the Young Lawyers Section (YLS) Executive Council as well as serving as Co-Chairman of the YLS Military Service Lawyer Committee one member served as Co-Chairman of the YLS Coordinating Committee and one member served as Vice-Chairman of the YLS Corporation Law Committee
President-Elect Chesterfield Smith of the American Bar Association presents Law Day Award to MG Prugh and CJYT Robie
65
Federal Bar Association The Federal Bar Association (FBA) which is composed of lawyers who are or have been in the employ of the United States Government in a legal capacity is represented here by the Charlottesville Chapter Not only did TJAGSA provide the chapters business office but also personnel of the School served in positions of both President and Vice-President during FY 73 In April of 1973 the Charlottesville Chapter of FBA hosted the TJAGSA Board of Visitors at a coffee
National Association for Law placernent An organization composed of law school placement offices as well as employers the National Association for Law Placement (NALP) seeks to increase communication between buyers and sellers in the legal job market Founded two years ago NALPs membership consists of some 95 law schools of which TJAGSA is one and 30 employers During FY 73 the School was represented at all meetings and conventions by the Post Judge Advocate who also served the organization as its Secretary
Associatioil of American Law Schools The AALS was chartered in 1900 and has a present membership of 115 schools throughout the United States The Judge Advocate Generals School does not meet the requirements for membership but is associated with the organization For a number of years the Commandant and Director of Academics as representatives of TJAGSA have attended the annual meetings held each year between Christmas and New Years
The faculty of The Judge Advocate Generals School is included in the directory of law teachers prepared by the AALS Faculty members are on the sections of the Association and work actively in the section on teaching methods and the section on studies beyond the first degree in law
Of particular interest to TJAGSA are the studies done by the AALS on Administrative Law Constitutional Law Criminal Law Professional Responsibility Trial Advocacy Continuing Legal Education Paraprofessional Legal Education Teaching Law outside of Law Schools and Teaching Methods
Associatioll of the Ul1ited States Army The Thomas Jefferson Chapter AUSA continued its active role in the Charlottesville community The 1973 Dogwood Festival Week was the occasion of several AUSA activities Two recently released POWs were honored at a cocktail party in the TJAGSA OOM at the conclusion of the annual Dogwood Parade On the following day AUSA hosted a record number of guests at its traditional Dogwood Luncheon The gathering was addressed by Congressman J Kenneth Robinson CR-Va) and honored guests included Miss Dogwood Festival Miss Virginia Miss New York and the US Army Golden Knights Parachute Team The Golden Knights accepted a memorial presentation from the Thomas Jefferson Chapter in remembrance of those
66
Air Force POlY MAl Normall Wells receives award fronl A USA Chapter President Walter L Srnith (l) and Virginia Congressnail Robinson (I)
members who had met their deaths earlier in the year as a result of a plane crash and performed a skydiving demonstration that evening at a local park Business offices for the Thomas Jefferson Chapter AUSA were maintained this year by TJAGSA
Professional Liaison and Development As a result of the Schools reorganization in March of 1973 an Office for Professional Liaison and Development was established in the newly formed Department of Development Doctrine and Literature This office has been charged with maintaining liaison with professional associations as well as monitoring Law Day Activities for J AGe
lACC Recruiting During the year several members of the staff and faculty visited various law schools throughout the
AUSA President Smith (r) presents Monticello picture to (l to r) Congressman Robinson ilIiss Dogwood 1972 and Commander of the Colden Knights
67
country in an effort to recruit senior law students for the JAG Corps In addition the School receives numerous inquiries concerning admission into the Corps Packets containing information on admission requirements are provided upon request TJAGSA personnel are called upon to counsel and advise individuals from the Charlottesville area and the University of Virginia who are seeking admission to the Corps
Alumni Association The Alumni Association continued to grow during the fiscal year with approximately 2500 members on 30 June 1973 an increase of approximately 500 new members during the year The Association provides academic awards for Basic and Advanced Gasses maintains contact with the allied officers who have attended the School and gives a plaque and a cash award to the winner of the Annual Professional Writing Award During Fiscal Year 1973 three issues of the Alumni Newsletter were published which included news of events and conferences at the School a calendar of courses offered at the School and personal information on members of the Association The activities of the Association were financed by annual dues of one dollar for each member and contributions from interested members The Annual Report is distributed by the Alumni Association to all of its members each year
Coordination and financing of Association activities as well as editing and writing of the Alumni Newsletter and the Annual Report are responsibilities of the Assistant School Secretary
Lectures Reflecting the Schools role in educating officers of the other branches of the Army and the other services members of the faculty traveled widely giving lectures to diverse groups upon various aspects of military law A good example of how the knowledge of the faculty may be applied to the training of non-legal personnel was the course of instruction in procurement methods given to criminal investigators specializing in appropriated and nonappropriated procurement frauds
During the course of the year the School continued to build a close professional relationship with the Army War College Frequent visits there by the faculty of TJAGSA resulted in the incorporation of a considerable amount of current legal material into that course
A list of lectures given outside TJAGSA by facuIty members is contained in Appendix O
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New Building l-Indcr ConstructiOIl
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CHAPTER VIII
BUILDINGS AND SUPPORT ACTIVITIES
Section I
Buildings
Construction of the new Judge Advocate Generals School building began on 15 January 1973 and was scheduled for completion within 24 months The new building will be located in the same area as the new Law School and the Graduate School of Business Administration of the University of Virginia The basement level of the new building provides space fpr the administrative and logistics offices storage and library The library is designed with 32 individual study carrels and will accommodate 50000 volumes The ground level (or first floor) houses the academic department (approximately 60 offices) three classrooms to accommodate 50 100 and 200 students respectively four conference rooms which will accommodate 20 persons each eight smaller conference rooms for 12 persons each completely equipped moot courtrooms an auditorium with 125 seat capacity audio-visual room and student lounge On the second level are the offices of the commandant and other directorates of the School in addition to a two-bedroom VIP suite The third and fourth levels each have 32 individual BOQs with bath Also there are four two-room suites with bath and four two-room suites with bath and kitchen facilities on each floor The fifth floor is the officers open mess and dining facility which has a seating capacity of 120 people In addition the club will have patios on two of its sides
Due to a spring snow storm a sym bolic groundbreaking ceremony for the new building was held indoors on 12 April at the Groundbreaking Universitys George Baskerville Zehmer Hall COL Douglass MG Prugh
President Sharman
71
After opening remarks by the Commandant Colonel John Jay Douglass Major General George S Prugh The Judge Advocate General of the Army joined with University of Virginia President Edgar F Shannon and Colonel Douglass in turning a symbolic shovel of earth which formally commenced the construction project
Among those attending the ceremonies were Army Colonel (Ret) Kenneth C Crawford Commandant of the School during the years when the plans for the new building were formulated and Professor John
President Shannon Speaks at Ritchie III a mem ber of the Schools Groundbreaking Ceremony original Board of Visitors Colonel Crawford
is now Director of Education and Training for the Federal Judicial Center Professor Ritchie formerly Dean of Washington (St Louis) Wisconsin and Northwestern Law Schools is presently on the faculty at the University of Virginias Law School Also in attendance were members of the current Board of Visitors
Attendees representing the various Armed Services included Major General Kenneth 1 Hodson former The Judge Advocate General of the Army now Chief US Army Legal Services Agency Rear Admiral Ricardo Allen Ratti Chief Counsel United States Coast Guard Colonel Charles J Keever Acting Director of the Judge Advocate Division United States Marine Corps and Colonel (Ret) Ralph D Pinto former TJAGSA Deputy Commandant
Others in attendance included William P Dickson J f a Norfolk attorney and formermiddot member of the Board of Governors of the American Bar Association representing Robert W Meserve President of the ABA C Norman Poirier immediate Past President of the Federal Bar Association Francis H Fife Mayor of the City of Charlottesville Gordon L Wheeler Albemarle County Board Chairman and Walter L Smith President of the Thomas Jefferson Chapter of the Association of the United States Army
The present Judge Advocate Generals School building a red brick building of Georgian architecture was dedicated on 26 September 1956 It contains offices and 19 furnished BOQ rooms In addition the building houses the School Library a conference room supply room and bookstore An Officers Open Mess and snack bar with outdoor patio is located on the fourth floor of the building Classrooms for the School are located in the University of Virginia Law School
72
Section 2
Support Activities
a Library alld Military Legal Center
The School generally furnishes each student with the basic textbooks and other classroom materials which he will need during a course However when additional references and research facilities are req uired students are encouraged to utilize the School Library the Law Library of the University of Virginia and Alderman Library the general library of the University
The Judge Advocate Generals School Library contains approximately 20000 volumes and is oriented toward military law There is a complete set of all Army regulations most federal legal materials and
a complete military justice library During LTC Edward C Seufert FY 1973 many historic military legal items School Secretary
and current books on military law were added to the Schools Military Legal Center one of the most extensive collections on military law past and present in existence Also during the year the Library staff completed a major portion of the complete cataloging of the Schools collection in order to provide a ready reference system for researchers
The Law Library Il1 Clark Hall contains over 200000 volumes and it is readily accessible to our students It has an extensive collection of published reports of the American federal and state courts the reports of the courts of the United Kingdom
lvlrs R Vivian Hebert treaties digests encyclopedias indices andLibrarian citator services It also contains the statutes
73
Leased Housing Units
BOQ Room
74
of the United States of the several states and of Great Britain The Library receives every current legal periodical of general interest printed in the English language
Alderman Library has about 2000000 volumes and a particularly fine collection of official Government publications It has been designated by the United States Government as a depository for public documents
h Billeting and Mess Facilities Bachelor officers quarters are available in The Judge Advocate Generals School BUilding Assignments of rooms may be obtained through the Billeting Officer Linens towels and maid service are provided All rooms are carpeted and air-conditioned and many have refrigerators and television sets
The School has a number of family housing units under government lease to be utilized as government quarters in lieu of BAQ Priority for the utilization of these units is first given to enlisted personnel and then to officers attending the Advanced Class The School Secretary and the University Housing Division maintain lists of available apartments and houses in the Charlottesville area
The top floor of The Judge Advocate Generals School building is used by the Officers Open Mess The Winthrop Room is furnished with large comfortable chairs and sofas a color television set piano and other accessories
Officers Open Mess
75
A snack bar located on the fourth floor and operated by the Officers Open Mess personnel now serves breakfast and lunch to its members During the evening hours refreshments and snacks are available
During the year the Mess sponsors a full program of activities and social events for the benefit of its members including dances buffets picnics class receptions social hours and other activities
c Boolzstore The Bookstore now located on the first floor of The Judge Advocate Generals School is easily accessible to all patrons Various personal items uniform accessories stationery supplies cigarettes and tobacco souvenir items and books are available
d Commissary Facilities During part of FY 73 the School was able to arrange for a truck to bring commissary products from Richmond to Charlottesville Although this service has been discontinued procedures are SSG John Huffman
being taken to have the operation reinstated Bookstore Manager
Commissary Operations in Charlottesville
76
e Logistics The Logistics Office provides assistance and advice in arranging for shipment andor storage of household goods for military personnel assigned to the School and members of the Advanced and Basic Classes In addition the Division provides budget and contracting services for all money expended by the School
f Personnel and Finance The Adjutants Office is responsible for the processing of all incoming and outgoing personnel the maintenance of individual records and the operation of the School mail room The office also acts as liaison with the Civilian Personnel Division at the US Army Foreign Science and Technology Center in Charlottesville which is responsible for the Schools civilian employees
Although the School has no finance CPT William K Thompson officer the Adjutants Office is available to Chief Logistics provide necessary assistance and advice in matters relating to pay and allowances Close contact is maintained with the servlcmg Finance and Accounts Offices in Washington and at Fort Lee
g Health Care Facilities The Judge Advocate Generals School lS sateIlitccl on Kenner Army Hospital at Fort Lee Virginia for medical and dental care Locally a contract surgeon provides outpatient services for military personnel Because of the distance from a US Army hospital dependents of personnel stationed at The Judge Advocate Generals School are entitled to the benefits provided under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS)
Dental care and eye examinations for military personnel assigned to the School are available from any local dentist and eye doctor on an individual contract basis CIYT Richard J Lynch however there are no provisions for such care Adjutant
for dependents
77
h Athletic Facilities Assigned and attached military personnel and all students are permitted to use all athletic facilities of the University of Virginia Both the School and the Intramural Department of the University have a limited amount of athletic eq uipment for the use of students and the staff and faculty
i Public Information Office During Fiscal Year 1973 the Plans Division succeeded by the Services Division conducted a comprehensive public information program with increased emphasis on obtaining the broadest possible coverage of all events occurring at The Judge Advocate Generals School
J Post J~idge Advocate During Fiscal Year 1973 following the reorganization of the School the Post Judge Advocate provided legal assistance to armed forces personnel and dependents in the Charlottesville area Liaison has been established with the local Red Cross and Legal Aid Society to assist the department in their respective fields of expertise The caseload averages over 50 clients per month and consists of the type of problems customarily encountered in legal assistance offices in the field
The Post Judge Advocate is also responsible for processing claims anS1J1g from incidents in the Charlottesville area and transit damage for all local military personnel The School has authority to settle and pay claims up to $1000 Fifty-five claims were processed in Fiscal Year 1973
CPT Robie and Miss Brown
78
APPENDIX A
ORGANIZATIONAL ROSTER THE JUDGE ADVOCATE GENERALS SCHOOL
(As of 30 June 1973)
COMMANDANT COL John Jay Douglass
OFFICE OF THE SCHOOL SECRETARY
School Secretary LTC Edward C Seufert Post Judge Advocate and CPT William R Robie
Asst School Secretary Adjutant CPT Richard Lynch Chief Logistics CPT William K Thompson Budget Officer Mr Joseph S White Supply Sergeant SFC Eddie H Green Chief Services Division CPT Arthur R Shepherd Protocol Officer 2LT Richard D Lyles Manager Officers Open Mess SSG Joe Mauldin Librarian Mrs R Vivian Hebert
ACADEMIC DEPARTMENT
Director COL William S Fulton Jr Operations Officer MAJ John W Begiebing Project Officer CPT William S Hopson IV Assistant to Director CPT Thomas E Workman Paralegal Training Officer CW2 Charles L West Educational Advisor Mr John A Sanderson Deputy Director for MAJ James A Endicott Jr
Nonresident Instruction Extension Course Officer CPT Joseph W Hely Jr
Procurement Law Division
Chief MAJ Richard E Mowry Senior Instructor MAJ Terrence E Devlin Instructors CPT Richard C Bruning
CPT Thomas R Wagner
79
International amp Comparative Law Division
Chief MAJ James R Coker Senior Instructor MAJ James J McGowan Jr Instructors MAJ Charles A White
CPT David E Graham
Criminal Law Division
Chief LTC Hugh R Overholt Senior Instructor MAJ Paul H Ray Instructors MAJ Nancy A Hunter
MAJ Philip M Suarez MAJ Francis A Gilligan CPT William H Parks USMC CPT Jan Horbaly CPT Edward J Imwinkelried
Civil Law Division
Chief LTC David A Fontanella Senior Instructor MAJ Paul J Rice Instructors MAT Jack F Lane Jr
CPT George W Clarke CPT Bernard R Adams CPT Ronald C Griffin CPT Donald N Zillman
RESERVE AFFAIRS AND SPECIAL PROJECTS
Assistant Commandant for LTC Keith A Wagner Reserve Affairs
JAGC Reserve Components LTC James N McCune Career Management
Training Office
Chief CPT Eldon D Roberts
80
DEVELOPMENT DOCTRINE amp LITERATURE DEPARTMENT
Director Development Officer Professional Liaison Officer
Military Operations Management amp Plans
Chief InstructorProject Officer
Doctrine amp Literature
Chief Editor Military Law Review
LTC John L Costello Jr CPT Royal Daniel III CPT John D Horne
MAJ James R Wessel MAJ William J Dwyer
CPT Stephen L Buescher CPT Miles J Mullin
81
APPENDIX B
BACKGROUND INFORMATION ON OFFICER PERSONNEL
1 Active Duty Personnel (As of 30 June 1973)
COLONEL JOHN JAY DOUGLASS JAGC Commandant AB 1943 University of Nebraska JD 1952 University of Michigan MA 1964 George Washington University LLM 1973 University of Virginia Member of the Bars of Nebraska Michigan Republic of Korea and the US Court of Military Appeals
COLONEL WILLIAM S FULTON JR JAGC Director Academic Department JD 1950 University of New Mexico Member of the Bars of New Mexico US Court of Oaims US Court of Military Appeals and the US Supreme Court
LIEUTENANT COLONEL JOHN L COSTELLO JR JAGC Director Development Doctrine and Literature Department AB 1952 Dickinson College JD 1955 Qickinson School of Law MS 1964 Fletcher School of Law and Diplomacy Member of the Bars of Pennsylvania Republic of Korea and US Court of Military Appeals
LIEUTENANT COLONEL DAVID A FONTANELLA JAGC Chief Civil Law Division BS 1957 University of Connecticut JD 1964 UniversityofMichiganMEd 1973 University of Virginia Member of the Bars of Connecticut the US Court of Military Appeals and the US Supreme Court
LIEUTENANT COLONEL JAMES N McCUNE JAGC Chief Reserve Training BBA 1953 University of Toledo JD 1959 Georgetown University Law School LLM 1963 Georgetown University Law School Member of the Bars of Virginia the US Court of Oaims the US Court of Military Appeals and the US Supreme Court
LIEUTENANT COLONEL HUGH R OVERHOLT JAGC Chief Criminal Law Division BA 1955 JD 1957 University of Arkansas Member of the Bars of Arkansas US Court of Military Appeals and the US Supreme Court
LIEUTENANT COLONEL EDWARD C SEUFERT FA School Secretary BS 1955 University of Maine
LIEUTENANT COLONEL KEITH A WAGNER JAGC Assistant Commandant for Reserve Affairs BA 1954 JD 1964 Duquesne University Member of the Bars of Pennsylvania the District of Columbia US Court of Military Appeals and the US Supreme Court
83
MAJOR JOHN W BEGIEBING Armor Deputy Director Academic Department BS 1957 Norwich University MA 1968 Stanford University
MAJOR JAMES R COKER JAGC Chief International and Comparative Law Division BA 1960 University of Notre Dame LLB 1961 University of Notre Dame MA 1970 Fletcher School of Law and Diplomacy Member of the Bars of Indiana the US Court of Military Appeals and the Federal District Court of Maryland
MAJOR TERRENCE E DEVLIN JAGC Senior Instructor Procurement Law Division BPh 1962 University of North Dakota JD 1965 University of North Dakota School of Law Member of the Bars of North Dakota US Court of Military Appeals US Court of Garms and the US Supreme Court
MAJOR WILLIAM 1 DWYER JR Armor InstructorProject Officer Military Operations Management and Plans BS 1960 The Citadel
MAJOR JAMES A ENDICOTT JR JAGC Deputy Director for Nonresident Instruction Academic Department BS 1960 The Citadel JD 1968 George Washington University Member of the Bars of Virginia the US Court of Military Appeals and the US Supreme Court
MAJOR FRANCIS A GILLIGAN JAGC Instructor Criminal Law Division BA 1961 Alfred University 1D 1964 State University of New York at Buffalo LLM 1970 The George Washington University Member of the Bars of New York the US Court of Military Appeals and the US Supreme Court and admitted to practice before the Court of Appeals State of New York
MAJOR NANCY A HUNTER JAGC Instructor Criminal Law Division AB 1959 University of Colorado JD 1967 Georgetown Law Center Member of the Bars of Virginia the US Court of Military Appeals and the US Supreme Court
MAJOR JACK F LANE JR JAGC Instructor Civil Law Division BA 1963 University of the South LLB 1966 University of Virginia Law School Member of the Bars of Virginia the US Court of Military Appeals and the US Supreme Court
MAJOR JAMES J McGOWAN JAGC Assistant Chief International and Comparative Law Division BS 1959 Spring Hill College LLB 1962 New York Law School LLM 1970 Georgetown University Law School Member of the Bars of New York the US Court of Military Appeals and the US Supreme Court
MAJOR RICHARD E MOWRY JAGC Chief Procurement Law Division AB 1957 College of Emporia LLB 1960 Washburn University Member of the Bars of
84
Kansas the US Court of Claims the US Court of Military Appeals and the US Supreme Court
MAJOR PAUL H RAY JAGC Senior Instructor Criminal Law Division BS 1955 Connecticut State College LLB 1963 Duke University Law School Member of the Bars of North Carolina the US Court of Military Appeals and the US Supreme Court
MAJOR PAUL J RICE JAGC Senior Instructor Civil Law Division AB 1960 JD 1962 University of Missouri LLM 1970 Northwestern University Member of the Bars of Missouri Illinois the US District Court for the Northern District of lllinois USCourt of Military Appeals and the US Supreme Court
MAJOR PHILIP M SUAREZ JAGC Instructor Criminal Law Division AB 1960 Boston College LLB 1963 Harvard Law School LLM 1970 University of Michigan Member of the Bar of Massachusetts
MAJOR JAMES R WESSEL Armor Chief Military Operations Management and Plans BS 1958 United States Military Academy
CAPTAIN BERNARD R ADAMS JAGC Instructor Civil Law Division AB 1966 Brown University LLB 1969 Yale Law School Member of the Bars of New York and the US Court of Military Appeals
CAPTAIN RICHARD C BRUNING JAGC Instructor Procurement Law Division BBA 1965 University of Iowa JD 1968 University of Iowa Member of the Bars of Iowa the US Court of Military Appeals the US Court of Claims and the US Supreme Court
CAPTAIN STEPHEN L BUESCHER JAGC Senior Legal Editor BA 1966middot Allegheny College JD 1969 Case Western Reserve University Member of the Bars of Ohio and the US Court of Military Appeals
CAPTAIN ROYAL DANIEL III JAGC Combat Development Officer BA 1967 Yale University LLB 1970 LLM 1972 University of Virginia Member of the Bars of Virginia and the US Court of Miiitary Appeals
CAPTAIN DAVID E GRAHAM JAGC Instructor International and Comparative Law Division BA 1966 Texas AampM University MA 1968 The George Washington University JD 1971 University of Texas School of Law Member of the Bars of Texas and the US Court of Military Appeals
85
CAPTAIN RONALD C GRIFFIN JAGC Instructor Civil Law Division BS 1965 Hampton Institute JD 1968 Howard University Law School Member of the Bars of the District of Columbia and the US Court of Military Appeals
CAPTAIN JOSEPH W HELY JR JAGC Extension Course Officer BA 1969 Texas AampM JD 1972 St Louis University Member of the Bars of Missouri and the US Court of Military Appeals
CAPTAIN WILLIAM S HOPSON IV JAGC Project Officer Academic Department BA 1966 LLB 1969 the University of Virginia Member of the Bars of the State of Virginia and the US Court of Military Appeals
CAPTAIN JAN HORBALY JAGC Instructor Criminal Law Division BA 1968 1D 1969 Case Western Reserve Member of the Bars of Ohio and the US Court of Military Appeals
CAPTAIN JOHN D HORNE JAGC Professional Liaison Officer BS 196810 1971 University of Tennessee Member of the Bars of Tennessee and the US Court of Military Appeals
CAPTAIN EDWARD J IMWINKELRIED JAGC Instructor Criminal Law Division BA 196710 1969 University of San Francisco Member of the Bars of California and the US Court of Military Appeals
CAPTAIN RICHARD 1 LYNCH AGC Adjutant BS 1967 The Citadel MBA 1972 Florida State University
CAPTAIN MILES 1 MULLIN JAGC Editor Military Law Review Doctrine and Literature Division BA 1967 Texas Christian University JD 1970 St Marys Member of the Bars of Texas and the US Court of Military Appeals
CAPTAIN WILLIAM H PARKS USMC Instructor Criminal Law Division BA 1963 JD 1966 Baylor University Member of the Bars of Texas Washington and the US Supreme Court
CAPTAIN ELDON ROBERTS JAGC Career Management Officer Reserve Affairs BA 1960 JD 1961 University of North Dakota Member of the Bars of North Dakota and the US Court of Military Appeals
CAPTAIN WILLIAM R ROBIE J AGC Assistant School Secretary and Post Judge Advocate BA 1966 1D 1969 Northwestern University Member of the Bars of Illinois the US Court of Military Appeals and the US District Court for the Northern District of Illinois
86
CAPTAIN ARTHUR R SHEPHERD AGC Services Division Coordinator BS 1966 United States Military Academy
CAPTAIN WILLIAM K THOMPSON QMC Chief Logistics BA 1965 Marquette University JD 1968 University of Wisconsin Law School Member of the Bar of Wisconsin
CAPTAIN THOMAS R WAGNER JAGC Instructor Procurement Law Division BS 1967 Bucknell University JD 1970 Temple University Member of the Bars of Pennsylvania and the US Court of Military Appeals
CAPTAIN THOMAS E WORKMAN JAGC Assistant to Director Academic Department BS 1966 Ohio State University JD 1969 Ohio State University College of Law Member of the Bars of Ohio and the US Court of Military Appeals
CAPTAIN DONALD N ZILLMAN Instructor Civil Law Division BS 1966 JD 1969 University of Wisconsin LLM 1973 the University of Virginia Member of the Bars of California Wisconsin and the US Court of Military Appeals
CW2 CHARLES L WEST Paralegal Training Officer Academic Department
87
2 Mobilization Designees
COLONEL DEMETRI M SPIRO JAGC USAR Deputy Commandant AB University of Chicago 1941 JD DePaul University 1948 Private practice of law Chicago Illinois
COLONEL BENJAMIN H SCHLEIDER JAGC USAR Assistant Director Academic Department BS Agricultural and Mechanical College of Texas 1943 JD University of Houston 1950 Private practice of law Houston Texas
LIEUTENANT COLONEL MORRIS B PETERSON JAGC USAR Assistant Chief Civil Law Division BS University of Oklahoma 1949 LLB University of Oklahoma 1952 LLM New York University 1959 Dean of School of Law University of Tulsa School of Law
LIEUTENANT COLONEL DANIEL J MEADOR JAGC USAR Instructor Civil Law Division AB Auburn University 1949 LLB University of Alabama 1951 LLM Harvard University 1954 Professor University of Virginia School of Law
MAJOR JAMES L BLAWIE JAGC USAR Instructor Civil Law Division BA University of Connecticut 1950 AM Boston University 1951 JD University of Chicago Law School 1955 PhD Boston University 195-9 Professor of Law University of Santa Oara School of Law
MAJOR GEORGE KALINSKI JAGC USAR Instructor Civil Law Division AB Wayne State University 1957 JD Wayne State University 1959 LLM Harvard University 1964 Private practice of law Marina Del Rey California
MAJOR FRANCIS J LARKIN JAGC USAR Instructor Civil Law Division BS Holy Cross College 1954 LLB Georgetown University Law Center 1957 LLM Georgetown University Law Center 1958 Professor Boston College Law School
CAPTAIN WALTER T COX JAGC USAR Instructor Civil Law Division BS Oemson University 1964 JD University of South Carolina 1967 Private practice of law Anderson South Carolina
CAPTAIN ROBERT P DAVIDOW JAGC USAR Instructor Civil Law Division AB Dartmouth College 1959 JD University of Michigan 1962 LLM Harvard University 1969 Professor Texas Tech University School of Law
LIEUTENANT COLONEL AARON S CONDON JAGC USAR Assistant Chief Criminal Law Division BA University of Alabama 1950 LLB University of Mississippi 1952 Associate Professor of Law University of Mississippi
LIEUTENANT COLONEL FRANK W ELLIOTT JAGC USAR Instructor Criminal
88
Law Division BA University of Texas 1951 LLB University of Texas 1957 Professor University of Texas at Austin
LIEUTENANT COLONEL EDWARD L MAGILL JAGC USAR Instructor Criminal Law Division BBA University of Miami 1952 JD University of Miami 1957 Private practice of law Miami Florida
LIEUTENANT COLONEL BENJAMIN M WALL JAGC USAR Instructor Criminal Law Division AA and AB Nebraska and Duke Universities 1951 LLB Harvard Law School 1953 Private practice of law Omaha Nebraska
MAJOR CHAPIN D CLARK JAGC USAR Instructor Criminal Law Division AB Kansas University 1952 LLB Kansas University 1954 LLM Columbia University 1959 Professor of Law University of Oregon
MAJOR THEODORE F FAY JR JAGC USAR Instructor Criminal Law Division BA State University of Iowa 1959 JD State University of Iowa 1962 Private practice of law Hugoton Kansas
CAPTAIN THOMAS C MARKS JR JAGC USAR Instructor Criminal Law Division BS Florida State University 1960 LLB Stetson University 1963 PhD University of Florida 1971 Professor Stetson Law School St Petersburg Florida
LIEUTENANT COLONEL PAUL D SUMMERS JR JAGC USAR Instructor International and Comparative Law Division BS U S Military Academy 1951 LLB University of Virginia School of Law 1957 Trust Officer Citizens Bank amp Trust Company Charlottesville Virginia
MAJOR PASCO M BOWMAN JAGC USAR Instructor International and Comparative Law Division BA Bridgewater College 1955 LLB New York University 1958 Dean Wake Forest University School of Law
MAJOR PAUL M GREEN JAGC USAR Instructor International and Comparative Law Division BBA University of Texas 1957 LLB and JD University of Texas 1957 Private practice of law San Antonio Texas
MAJOR FREDERICK GOLDSTEIN JAGC USAR Instructor International and Comparative Law Division BA Yale University LLB University of Virginia 1958 Private practice of law Boston Massachusetts
CAPTAIN JORDAN J PAUST JAGC USAR Instructor International and Comparative Law Division AB University of California 1965 J S University of California 1968 LLM University of Virginia 1972 J SD Candidate Yale Law School New Haven Connecticut
89
CAPTAIN EDWARD F SHERMAN JAGC USAR Instructor International and Comparative Law Division AB Georgetown University 1959 MA (History) University of Texas 1967 MA (English) University of Texas 1967 LLB Harvard 1972 Assistant Professor Indiana University School of Law Bloomington Indiana
LIEUTENANT COLONEL DONALD H HEDGES JAGC USAR Instructor Procurement Law Division BA University of Washington 1950 LLB University of Washington 1954 Attorney U S Department of Commerce Seattle Washington
MAJOR DONALD T WECKSTEIN JAGC USAR Assistant Chief Procurement Law Division BBA University of Wisconsin 1954 LLB University of Texas 1958LLM Yale Law School 1959 Professor San Diego School of Law San Diego California
MAJOR STRATTON R HEATH JAGC USAR Instructor Procurement Law Division BBA University of Wisconsin 1959 JD University of Wisconsin 1961 Attorney Office of Regional Counsel HITCO Denver Colorado
MAJOR JOHN S MILLER III JAGC USAR Instructor Procurement Law Division BA Hamilton College 1959 LLB University of Virginia 1962 LLM National Law Center George Washington University 1970 Attorney Office of General Counsel GSA Washington DC
MAJOR ROBERT L McCLOSKEY JAGC USAR Assistant Chief Special Training Division ~LB Georgetown University Law Center 1954 LLM Georgetown University Law Center 1955 Attorney Appalachian Regional Commission Washington DC
LIEUTENANT COLONEL EDWARD J ATKINS JAGC USAR Assistant Director Developments Doctrine and Literature Department LLB University of Miami 1963 Private practice of law Miami Florida
CAPTAIN DAVID C CUMMINS JAGC USAR Legal Writer Developments Doctrine and Literature Department BS University of Idaho 1957 LLB University of Washington 1960 Professor Texas Tech University Lubbock Texas
CAPTAIN STEPHEN DAVIS JAGC USAR Legal Writer Developments Doctrine and Literature Department BA Dickinson College 1960 LLB Columbia University 1963 Assistant District Attorney Kings County New York
CAPTAIN WINSTON M HAYTHE JAGC USAR Project Officer Office of the School Secretary BS Southwest Missouri State College 1963 JD College of William and Mary 1967 Private practice of law Washington DC
CAPTAIN CHARLES P ROSE JR JAGC USAR Project Officer Office of the School Secretary AB College of William and Mary 1964 JD Western Reserve University 1967 Assistant Professor Wake Forest University School of Law Winston-Salem North Carolina
90
APPENDIX C
ALLIED STUDENTS - FY 1973
LTC Leon O Ridao Philippines 21 st Advanced Class
MAJ Feraidoon Haji-Aboutaleb Tehrani Iran 21 st Advanced Class
Squadron Leader S M Anwar Pakistan Air Force 21 st Advanced Class
MAJ D H D Selwood United Kingdom 66th Basic Course
CPT Husni Salem AI Omari Jordan 66th Basic Course
91
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APPENDIX F
THESIS TOPICS AND SCOPE NOTES 21 st ADVANCED CLASS
CAPTAIN EILEEN M ALBERTSON USMC The Reversion of Okinawa Its Effect on the International Law of Sovereignty Over Territory
This thesis will analyze the principle that sovereignty over territory once recognized is perpetual and absolute until it is contractually agreed otherwise To do this Okinawa will be used as the factual model and four generally recognized principles of international law will provide the legal basis for discussion After setting the factual and legal stage a determination will be made as to Okinawa IS legal status in the international community the significance of that status the effect of the reversion of Okinawa as evidence of the acceptance of the proposed principle as well as its significance as a basis of major precedent in establishing the principle as international law Finally the relevance of the principle and its applicability and enforceability in a present day situation namely the Middle East crisis will be evaluated
SQUADRON LEADER SHEIKH MUHAMMAD ANWAR Pakistan Administration of Justice in the Pakistan Air Force
A brief review of the development of Pakistan is presented as a background for an explanation of the legal system of the Pakistan Air Force Major aspects of criminal legal system are discussed and include the jurisdictional extent of Air Force law over persons for investigation of charges and summary punishments organization structure and procedures of courts-martial and appellate and constitutional rights of service members Based on a comparative analysis of Pakistan and US military laws recommendations for improvements in limited areas of both systems are presented and discussed
CAPTAIN H JERE ARMSTRONG The Right of Confrontation=Then and Now
This article presents a study of the historical development of the Sixth Amendment Right of Confrontation in Federal and Military courts an analysis of seven tests suggested by the courts for determining when there has been a confrontation within the meaning of the Constitution and a consideration of the term actual unavailability as it relates to the admissibility of extrajudicial declarations in trials by court-martial
MAJOR JAMES A BADAMI Servicemens Unions Constitutional Desirable Practical
This paper examines the historical development of labor-management relations in
97
the private and the public sectors in seeking understanding of the basis for proposed servicemen IS unions It discusses the applicability and limitations of First Amendment rights to members of the military illustrated in court cases and administrative regulations A theoretical justification for such unions is based on successful examples from foreign countries aspects of unionism already present in the American military system and the demonstrated need for unions as an effective grievance procedure The conclusion offers guidelines and boundaries for the operation of servicemen IS unions within the military
LIEUTENANT COMMANDER ROBERT C BERKLEY USN Tax Planning and the Middle-Income Military Investor
This thesis presents an examination of present federal laws relating to tax planning for the middle-income military investor The analysis includes suggestions for tax minimizatiori for the military investor in securities and real estate as well as tax advice designed to assist the military investor in his ultimate goal of family security
MAJOR RICHARD S BUCK IV What Privileges Does the King Still Have in the Market Place
The defense of sovereign acts permits the Government to perform general and public acts as opposed to contractual acts and not be financially responsible to its contractors for the consequences of such acts This paper describes the past history of this doctrine and how it is applied today in such areas as minimum wage laws diplomatic affairs military operations excusable delay internal government operations etc Some changes in this doctrine could be made by changes in standard Government contract provisions
CAPTAIN BERNARD ROLLINS CARPENTER Enlistment--A Contract Status or Marriage
An historical approach to determine the legal nature of the enlistment relationship reveals potential issues which may be a basis for substantial litigation The enlistment relationship as an alleged legal contract and potential legal premises resulting therefrom are questioned in light of statutory enactments and court decision Suggested alternatives to the relationship by courts and writers are reviewed and analyzed for legal efficacy A seemingly settled area may become quite controversial as a volunteer Army is realized The purpose of this thesis is to point out potential areas of dispute define the relationship and suggest possible alternatives
CAPTAIN GEORGE W CLARKE Political Activity of Servicemen The Military Hatch Act and the First Amendment
Political activity by members of the armed forces is severely limited by military
98
regulations This regulatory scheme raises fundamental questions regarding the extent to which the First Amendment applies to servicemen the authority for promulgation of the regulations and the underlying reasons asserted to justify the restrictions This thesis attempts to answer those questions
CAPTAIN JAMES P COLEMAN Waiver by Guilty plea
This thesis examines the doctrines of waiver by guilty plea in military law and formulates a tentative rule by which current and future waiver issues may be analyzed In addition possible future developments in this evolving area of litigation are examined with reference to their probable effect upon the current state of the law
MAJOR DAVID B CRAIG Control and Discipline in the United States Army Reserve
This thesis will present an analysis of the procedures available to the US Army Reserve Unit Commander for the control and discipline of his troops to include a determination of unsatisfactory participation involuntary call to active duty administrative reduction and elimination Additionally this thesis will silhouette the present system against the desires and concepts of the modern volunteer Army to produce specific suggestions and recommendations for the future
CAPTAIN JERALD D CROW USMC Emoluments of Military Service as Community Property
The effects of community property law upon military emoluments are little known nor considered by servicemen Military attorneys counseling servicemen contemplating divorce in community property states are usually unfamiliar with community property implications and have no readily available source of information The author has drawn together the bulk of cases from all community property jurisdictions construing military emoluments An analysis is made of major cases problem areas discussed and conclusions presented as to the commun~ty character of each emolument considered Recommendations are made for dealing with possible problem areas
MAJOR LEONARD H DANCHECK Forgotten My Lais US Intervention Occupation and Pacification in Haiti (1915-1920)
This artic1~ is a case study of the causes and background of the 1915 United States intervention in Haiti the subsequent United States occupation of the country the suppression in 1919-1920 of the insurrection that developed in opposition to American control the alleged atrocities committed during the suppression the reaction to the alleged atrocities by the nations press and the investigations of the alleged atrocities by the Navy Marine Corps and the United States Senate
99
CAPTAIN HOWARD C EGGERS The Specificity Required in Military Search Warrants
This thesis discusses the need for a definite description of the place to be searched and the things to be seized in military search warrants It is an attempt to define specificity standards for the use of military magistrates in drafting warrants An analysis of current civilian standards as revealed in federal case law and present military practices in the search area establishes certain guidelines to be followed
CAPTAIN RUSSELL J FONTENOT Development of the Staff Legal Officers Responsibility Under the Law of War
A study of the origins and development of the criminal responsibility of the individual staff legal officer under the law of war consideration is given to both the effects of international law and the municipalized law of war a detailed analysis is made of the substantive international standards announced at Nuennberg and how these standards were applied not only to the lawyer but also to the commander and his other staff officers
CAPTAIN ROBERT M FRAZEE Flag Desecration Symbolic Speech and the Military
To analyze federal law selected state laws and Army regulations concerning flag desecration as it pertains to freedom of speech Emphasis will be placed upon the public and private interests what is meant by desecration of the flag what is a flag within the meaning of these statutes and what are the particular military interests and responsibilities in the enforcement of flag desecration statutes
MAJOR WENDELL R GIDEON Federal Medical Care Recovery Act Methods and Sources of Recovery and the Impact of No-Fault Insurance
This thesis examines the methods and sources of recovery under the Federal Medical Care Recovery Act and recommends ways of increasing their effectiveness In addition an analysis is made as to the impact that no-fault insurance will have upon the recovery program and to recommend ways of solving the problems which no-fault legislation appears to have created to include enactment of National No-Fault Law and amending the Federal Medical Care Recovery Act itself
CAPTAIN DEWEY CABELL GILLEY JR Using Counsel to Make Military Pretrial Procedure More Effective
An examination of what the role of counsel in pretrial procedure in the military should be Specifically when the right of counsel attaches currently and under constitutional standards what the role of counsel is in pretrial procedure in the military and in civilian jurisdictions and what the role of counsel would be in pretrial procedure
100
as changed by Army pilot programs and by proposed amendments to the Uniform Code of Military Justice The thesis recommends utilizing the safeguards of civilian jurisdictions in pretrial procedure in the military in a way which will preserve command responsibility for morale and discipline
CAPTAIN CHARLES H GIUNTINI Motivating the Military Lawyer
The current retention outlook concerning Judge Advocate General officers and the projections regarding the retention problems of the future require critical analysis of all aspects of the management of those serving on active duty in the corps This thesis discusses the concept of job safisfaction in an attempt to provide the Judge Advocate Manager meaningful suggestions concerning the motivation of the military lawyer
CAPTAIN JOHN C GOLDEN III Doctrine of Immunity Regarding Military Personnel and Federal Employees for Official Acts
An examination of personal liability and the doctrine of immunity pertaining to military personnel and other federal employees for tortious conduct arising from official acts with proposals for providing adequate remedies
CAPTAIN ARTHUR G HAESSIG The Soldiers Right to Procedural Due Process The Right to be Heard
An analysis of the enlisted soldiers right to be heard as an element of procedural due process in certain adverse personnel actions In particular an analysis of present Army regulatory procedures and the due process right to be heard in the revocation of security clearances enlisted separation for unfitness and unsuitability enlisted reduction for civil conviction and for inefficiency bars to reenlistment reclassification of the enlisted soldiers Military Occupational Specialty (MOS) and to the extent that the soldiers career is adversely affected by the preceding actions the Armys Qualitative Management Program The analysis examines thes~ procedures in light of current law and proposes a general regulatory change to insure the soldiers right to be meaningfully heard
MAJOR WILLIAM J HEMMER Violation of the Military Superior--Subordinate Relationship is a Crime Isn It
In the midst of vast hue and cry for the civilization of military justice exists a strident count~rvailing assertion that the Armys discipline is goinghas gone to hell in a handbasket because military justice is too civilianized The author undertakes an interdisciplinary examination of a microcosm the application of criminal sanctions to fraternizations by an officer with an enlisted man From this examination conclusions are drawn as to the dilemma of the larger unity
101
CAPTAIN FRANKLIN D HOLDER USMC A Historical Development of Mutiny
A study of the federal and military acts of mutiny with particular emphasis on the historical development of the substantive law and the jurisdictional aspects
MAJOR WAYNE R ISKRA The Right to Privacy in the Military Service
Trace the historical role of the commander to conduct inspects and briefly compare it with the role of the commander in authorizing searches based on probable cause Compare the military case law on the right of the commander to inspect barracks on post housing place of duty and conduct inventories with the recent civilian case law involving inspections by governmental agencies on private homes and businesses Evaluate the VOLAR concept which appears to place emphasis on making military life more attractive to the soldier ie individual rooms in barracks with the need to solve pressing military problems ie drug abuse Attempt to reach some conclusions as to whether the right of the commander to conduct inspections can andor should b~ broadened I intend to utilize military and civilian law review articles legal and nonlegal publications and civilian and military court decisions with special emphasis on US v Biswell 40LW4489 (1972) and US v Grace 42 CMR 11 (1970)
MAJOR THOMAS A KNAPP Problems of Consent in Medical Treatment and Human Experimentation
After a general review of the history and origin of informed consent the thesis concentrates on the nature of consent with emphasis on the consent form inquiry into the emergency doctrine an analysis of the qualified right of an adult to refuse medical care and an examination of informed consent in human experimentation with comment on the Tuskegee Study The author concludes that a revision of consent forms should insure that the individual has given informed consent that the Army Regulation dealing with the refusal of medical care should be revised to comport with civilian standards and a disinterested third party assist in obtaining informed consent in the area of human experience
CAPTAIN WILLIAM J LEHMAN Suffer the Little Children Child Maltreatment in the Military
This paper examines child maltreatment in an historical context and traces the evolution of civilian laws designed to protect maltreated children The existence of child maltreatment in military families is documented and an analysis made of the existing methods for dealing with the problem within the military The problems peculiar to administration of a child welfare system by the military including jurisdiction and available resources are examined in depth Recommendations are advanced for improving the
102
handling of child maltreatment in the military environment
LIEUTENANT COLONEL MARTIN R LOFTUS What is a Custodial Interrogation in
Military Legal Practice
The objective of this thesis is to determine what is a custodial interrogation in military legal practice Analysis includes a determination of when an interrogation becomes custodial examining five possible texts of focus subjective belief of the person being questioned objective belief of the person being questioned subjective intent of arresting officer and whether the person being questioned is objectively or subjectively a suspect In addition an analysis is also made of what is an interrogation examining the areas of spontaneous statements verbal acts searches handwriting and voice identification
MAJOR HALDANE ROBERT MAYER Constitutionality of Commander Authorized Searches and Seizures
This is a study of the evolution of the constitutional mandate that searches be authorized by neutral and detached magistrates and not by officials engaged in the police activities of government The core of the study is an investigation of search authorization practices in military law specifically the Army and a judgment as to their compliance with the Supreme Courts Fourth Amendment requirement of impartiality on the part of the officer who authorizes searches Recommendations for change in the military process conclude the study
CAPT AIN KENNETH M MITCHELL Is Article 117 Unconstitutional Due to Vagueness and Contrary to the First Amendment
This thesis presents a review and analysis Qf past military decisions involving the offense of Article 17 provoking words and gestures with particular emphasis on the question whether Article 17 is unconstitutional due to vagueness and contrary to the protection afforded by the First Amendment
MAJOR CHARLES A MURRAY The Power of the Post Commander to Proscribe Speech and Expression
A study of the power of the post commander to proscribe speech and expression on post with particular emphasis on those powers explicitly set forth by statutes those powers implicit by statutes and regulations and the recent case law with a view towards ascertaining the current legal status of those powers
103
CAPTAIN WILLIAM J NORTON II United States Obligations Under Status of Forces Agreements A New Method of Extradition
This article examines the rights and obligations acquired and undertaken by the United States Government and its Armed Forces under the numerous Status of Forces Agreements concluded by the United States since 1951 to determine whether the United States has any international duty stemming from those agreements to return to foreign states or in effect to extradite individuals who allegedly commit crimes in the foreign state but happen to depart that state before its full criminal processes have been exhausted
CAPTAIN MAURICE J OBRIEN Scanwell-Light at the End of the Tunnel
This article analyzes an unsuccessful bidders entitlement to judicial review of a procurement award It also examines the judicial remedies available to an unsuccessful bidder and the rules and procedures for their application It evaluates the effects and the effectiveness of the judicial relief provided and it concludes with a suggestion for a more appropriate review procedure
CAPTAIN WILLIAM H PARKS USMC Command Responsibility
A comparative analysis of war crimes trials involving command responsibility in order to determine the standards required of a military commander in combat with regard to prevention investigation reporting and prosecution of war crimes Included in this examination will be a view of the criminal responsibility of the com bat commander possible offenses and the question of degree of intent required
CAPTAIN FRANK J PYLE JR Light at the End of the Tunnel-Prison Exile or Amnesty
Beginning with the backdrop of dissent and the end of United States participation in Vietnam the history of amnesty is examined The emphasis is on United States history and the sources of authority for granting amnesty in the United States To focus on todays situation the possible amnesty claimants are examined as well as the forms in which an amnesty might be granted Considerations and arguments for and against granting amnesty are given Possible implementation is examined with a prediction as to the possibility of a post-Vietnam amnesty
CAPTAIN ROYCE C RICH Liability Under the Federal Tort Claims Act During Permanent Change of Station Travel
The purpose of this thesis is to examine the divergent holdings of the various United States Circuit Court of Appeals on the issue of scope of employment under the Federal
104
Tort Claims Act in the case of nilitary personnel during permanent change of station travel An analysis will be made of the factors considered by the courts in their opinions and a comparison will be made with the legislative intent of Congress when it passed the Federal Tort Claims Act Finally appropriate corrective action will be outlined which will help preserve the intent of Congress when it passed this Act
LIEUTENANT COLONEL LEON O RIDAO Republic of the Philippines The Philippine Claims to Internal Waters and Territorial Sea An Appraisal
Who shall control the seas and for what purposes These Professor Schewebel states are the great issues involved in the contemporary worldwide struggle over the content of the law of the sea Nations of the world have been confronted with these issues ever since the great voyages of discoveries and the growth of navies of the States Recent advances in technology have heightened the conflict In view of such technological strides more and more States have found greater need for the exercise of sovereignty or jurisdiction over larger portions of the sea adjacent to their coasts than ever before Asserted interests are diverse and important The result is the rise of so many competing national claims that it may well be said that the present international law of the sea like the sea itself is in perpetual movement it is in a state of upheaval
The Republic of the Philippines consider as part of its national territory all the waters lying within the international treaty limits of the Philippines
It is the purpose of this study to determine the validity under international law of these Philippine claims to its internal waters and territorial sea
CAPTAIN JEROME W SCANLON JR The Scope of a Search Incident to a Lawful Arrest
This thesis presents an analysis of the law of the scope of a search incident to a lawful arrest as developed by the United States Supreme Court and other courts The author develops the rationale used to formulate the rules in the three types of areas which are the subject of such a search-the premises where the arrest took place the vehicle driven or occupied by the accused at the time of arrest and the search of the arrestees person This thesis also outlines the considerations which must be taken into account by the arresting police officers and the prosecuting attorney in order to sustain a particular search
CAPTAIN WILLIAM N SCHNELL The Decline of the Judicial Doctrine of Nonreviewability of Military Decisions Ordering or Denying Discharges
An examination of recent federal court decisions revealing an increased judicial trend to review some administrative proceedings affecting internal matters of the military and maintaining the traditional judicial doctrine of nonreviewability of military discretionary acts
105
CAPTAIN TIMOTHY J SIMMONS The Post Trial
This thesis briefly examines the historical antecedents to the present post trial review It then discusses the present requirements which have been imposed statutorily and judicially Alternative approaches to the present formalized system are discussed and specific recommendations are made to create a more workable post trial review Finally an interim approach is recommended to reduce the problems with the post trial review until statutory changes can be made
MAJOR FERAIDOON H TEHRANI Imperial Iranian Army Comparison of Military and Civilian Criminal Procedures in Iran
This paper examines the criminal proced ures in the military and civilian courts in Iran Where the procedures are similar the military court procedure is discussed otherwise the differences are reviewed and compared in detail
CAPTAIN CHARLES W TRAINOR The Buy American Act An Examination Analysis and Comparison
This study examines the principles of the Buy American Act from its inception through its present application noting those consistencies and inconsistencies with the original legislative intent of the 1933 Act and resultant effect of the Executive Order of 1954 The Act is further compared with the Most Favored Nation IS Gause and the exculpatory paragraphs of the General Agreements on Tariffs and Trade dealing with buy-national policies of its member states The buy-domestic policies of seventeen nations are then set forth distinguishing the United States policy as enumerated in the Act Concluding the study are suggestions for further implementation of the Act making it more responsive to those it was intended to serve
MAJOR CHARLES A WHITE JR Residual Value--Candles and Costs
This paper discusses the problems inherent in the recovery of residual value for United States investments in the Federal Republic of Germany 1963-1973 It details the background of the US operations concerning real estate through the Occupation Period (1945-1955) and into the Contractural Relations Period (1955-1963) The negotiations of the Damages and Residual Value Articles of the Supplementary Agreement is covered in detail The paper encompasses all legal and practical aspects arising under the provisions of Articles 41 and 52 as they pertain to residual value A general world-wide survey of the subject is not included
106
APPENDIX G
GUEST MEMBERS THESIS EVALUATION COMMITTEES 21 st ADVANCED CLASS
Brigadier General Edmund Montgomery USAR Lieutenant Colonel Thomas H Davis
Administrative Law Division OTJAG Colonel R D Michelson
USMC HQ U S Marine Corps Washington D C Professor Robinson O Everett
Duke University Durham North Carolina Dr Thomas H Hunter
UVA Medical School Professor Lawrence Gaughan
Washington amp Lee University School of Law Lieutenant Colonel Wayne E Alley
Judge U S Army Court of Military Review Professor John Ritchie
UVA Law School Major General Kenneth J Hodson
Chief Judge U S Army Court of Military Review Lieutenant Colonel Richard McNealy
Deputy International Affairs Division OTJAG Professor Walter J Wadlington
UVA Law School Mr James Michael
Office of Legal Adviser Department of State Major William G Eckhardt
Litigation Division OTJAG Lieutenant Colonel Ronald M Holdaway
Chief Government Appellate Division OTJAG Professor Richard E Speidel
UVA Law School Professor Carl McFarland
UVA Law School Professor Charles H Whitebread
UV A Law School Mr John Schulz
Editor-in-Chief Military Law Reporter Washington D C Colonel Joseph Van Oeve Jr
Chief Contract Appeals Division OTJAG
107
Colonel William T Rogers Senior Judge U S Army Court of Military Review
Professor James Bond Washington amp Lee University School of Law
Professor Donald Curtis Administrative Assistant Graduate School of Business Administration UVA
Brigadier General Lawrence H Williams Assistant Judge Advocate General for Military Law OTJAG
Mr Philip M Wilson U S Army Claims ServiceFt Meade Maryland
LCDR Thomas R Santfer HQ Department of the Navy Washington D C
Major Frank Stone SOFA Team Chief International Affairs Division OTJAG
Mr Waldemar A Solf Chief International Affairs Division OTJAG
Colonel Alton H Harvey Chief Military Justice Division OTJAG
Lieutenant Colonel Abraham Nemrow (Ret) Clerk Court of Military Review
108
APPENDIX H
21st ADVANCED CLASS GRADUATES
CPT Eileen M Albertson USMC CPT Franklin D Holder USMC SQUAD LDR Sheikh Muhammad Anwar MAJ Wayne R Iskra CPT Henry J Armstrong CPT Henry C Karlson MAJ James A Badami MAJ Thomas A Knapp LCdr Robert C Berkley USN CPT William J Lehman MAJ Richard S Buck IV LTC Martin R Loftus CPT Bernard R Carpenter MAJ Haldane R Mayer CPT George W Clarke CPT Kenneth M Mitchell CPT James P Coleman MAJ Charles A Murray MAJ David B Craig MAJ William J Norton II CPT Jerald D Crow USMC CPT Maurice J OBrien MAJ Leonard H Dancheck CPT William H Parks USMC CPT Howard C Eggers CPT Frank J Pyle Jr CPT Russell J Fontenot CPT Royce C Rich CPT Robert M Frazee LTC Leon O Ridao MAJ Wendell R Gideon CPT Jerome W Scanlon Jr CPT Dewey C Gilley Jr CPT William N Schnell CPT Charles H Giuntini CPT Timothy J Simmons CPT John C Golden III CPT Feraidoon H Tehrani CPT Arthur G Haessig CPT Charles W Trainor MAJ William J Hemmer MAJ Charles A White Jr
109
APPENDIX I
ACADEMIC AWARDS 21 st ADVANCED CLASS
HIGHEST OVERALL CLASS STANDING
Award for Professional Merit -- American Bar Association
CAPTAIN GEORGE W CLARK CAPTAIN HOWARD C EGGERS CAPTAIN HENRY C KARLSON
SECOND HIGHEST OVERALL CLASS STANDING
Award for Professional Merit -- The Judge Advocate Generals School
CAPTAIN DEWEY C GILLEY JR
HIGHEST STANDING IN CIVIL LAW
Award for Distinguished Accomplishment - Judge Advocates Association
CAPTAIN HENRY C KARLSON
HIGHEST STANDING IN CRIMINAL LAW
Judge Paul W Brosman Award -- United States Court of Military Appeals
CAPTAIN HENRY C KARLSON
HIGHEST STANDING IN INTERNATIONAL AND COMPARATIVE LAW
Award for Distinguished Accomplishment - The Judge Advocate Generals School
CAPTAIN HENRY C KARLSON
HIGHEST STANDING IN MILITARY COMMAND AND STAFF
Plaque - Association of the United States Army
CAPTAIN DEWEY C GILLEY JR
III
HIGHEST STANDING IN PROCUREMENT LAW
Award for Distinguished Accomplishment -- The Foundation of the Federal Bar Association
CAPTAIN HOWARD C EGGERS
OUTSTANDING THESIS
Award for Distinguished Scholarship -- The Judge Advocate Generals School
CAPTAIN GEORGE W CLARKE
112
APPENDIX J
65th BASIC CLASS GRADUATES
CPT Robert F Apgar CPT Kenneth L Baker LT Robert L Beauregard USCE CPT Paul C Besozzi CPT Burk E Bishop CPT Charles W Boohar J r CPT Mack W Borgen CPT Victor S Carter Jr CPT Michael R Caryl CPT Joseph W Ca~per
CPT Madge K Casper CPT Dayton M Cramer CPT David M Curtis CPT Charles B Dickson MAJ Alfred J Dirska CPT Robert D Doane CPT Terence M Donnelly CPT John E Dorsey LT Winona G Dufford USCG CPT Jerry G Du Terroil CPT David R Dowell CPT Stephen A J Eisenberg LT Robert W Ferguson USCG LT Philip L Font USCG CPT Raymond G Frere CPT John W Fryer CPT John P Halvorsen CPT Patrick K Hargus CPT Dennis E Harrold CPT James R Hill Jr CPT John R Hill CPT Earl T Hilt s LT Franklin D Hoffman Jr USCG LT Francis P Hopkins Jr USCG CPT Harry D Hoskins III
66th BASIC
CPT Thomas B Allen CPT James W Almand
CPT George W House CPT Sammy S Knight CPT Gary J Krump CPT Ralph E Larson CPT Fredric I Lederer CPT Gerald J Leeling CPT David R Lorence CPT John W Lewis CPT John R MacPherson CPT Gary R McSpadden CPT Peter H Mathis CPT Jack H Morgan LT Howard S Myers III USCG CPT Joyce E Plaut CPT Peter K Plaut LT Robert J Reining USCG CPT Nicholas P Retson CPT George D Reynolds CPT Paul A Robblee Jr CPT Stephen H Rovak CPT John G Sauer CPT Lawrence L Severson LT William B Short Jr USCG CPT Dale B Smith CPT Nick J Staihar CPT Lewis R Stark CPT Richard G Stein LT James J Tamulski USCG CPT Thomas N Tromey CPT Vaughan E Taylor CPT Stephen G Varga CPT Dennis J Wing CPT Donn T Wonnell CPT Edward R Ziegler LT Stephen H Zimmerman USCG
CLASS GRADUATES
CPT Richard S Blakely CPT Alexander L Blondeau Jr
113
CPT Paul L LuedtkeCPT Stanley D Brown CPT Robert A McSorley CPT Chester H Budz CPT Ronald J MedarisCPT Richard W Cairns CPT Larry S MerckCPT Barry N Capalbo CPT Donald Morgan CPT John E Caulking CPT Philip E Mullin CPT Peter B Crary CPT Husni Salem Omari Jordanian Army CPT Willis D Cronkhite III CPT Frank T Pandora II CPT Patrick F Crow CPT Jerry R ProthroCPT King K Culp CPT Joseph A RehyanskyCPT James R Dedrick CPT Eldon D RobertsCPT Peter M Desler CPT Robert W SchiveraLT John H Distin USCG CPT John F SchmutzCPT Daniel J Dykstra Jr CPT Gerald A SchroederCPT James S Eakes CPT Paul M ScottCPT Frank B Ecker Jr CPT John R SeeronenCPT Robert D Ganstine CPT Ruurd C SegaarCPT James L Goetz MAJ David HD Selwood British Army CPT Michael H Gottesman CPT Frederic N SmalkinCPT Keith H Harnack CPT Brian K SmithCPT John D Hand CPT Ronald M SmithCPT Joseph W Hely Jr CPT Stephen L SmithCPT Ted B Herbert CPT Shelby L Starling JrCPT James A Hightower Jr CPT Richard T St Clair CPT Paul F Hill CPT Guyton O Terry JrCPT Stephen A Husman CPT Lewis L Thompson JrCPT Joseph P Kulik Jr CPT Harry A Tucker Jr CPT Harry L Lamb Jr CPT Lanny T Winberry CPT Lafayette J Lamb CPT Lawrence E Wzorek CPT Mark R Lindenmeyer
67th BASIC CLASS GRADUATES
CPT Raymond R DeckertCPT George W Bailey Jr CPT Leroy L De NooyerCPT William J Baker CPT John J DioguardiCPT K Reid Berglund CPT Chauncey W Durden III CPT William G Berkson CPT Gregory L EdlefsenCPT John D Billingslea Jr CPT William H EldridgeCPT Jack T Brooks CPT Ray A FarringtonCPT Edward G Bryant CPT Dominic A Femino JrCPT Stephen R Burns CPT Frank T FlanneryCPT Demmon F Canner CPT Cecil G Foster JrCPT Richard A Cefola CPT Charles C FreyerCPT Matthew J Coco CPT William P FugelsoCPT Peter J Curry CPT Russell J GeoffreyCPT Lawrence R Daniels
114
CPT Jerry H Gilbert CPT Daniel R Grills CPT Robert L Guinn CPT Alfred H Juechter Jr CPT Marshall M Kaplan CPT Douglas 1 Kaukl CPT Donald L Ketels Jr CPT Dennis A Klejna CPT Carlos E Lazarus CPT Jerome L Lemberger CPT John J Madden Jr CPT Frank C Marshall Jr CPT John B Martin CPT Carlos G Martinez CPT Everett D Marvin III CPT Roger K Masuda CPT Dale V Matthews CPT Daniel C McCarthy CPT Samuel P Militello CPT Clifford J Moy CPT Paul S Murphy CPT Steven D Needle CPT Charles M Nester CPT John K Northrop
CPT James M Norton CPT Willard E Nyman III CPT Louis F Pine II CPT Robert A Prentice CPT Herbert L Raiche CPT John T Rank CPT Michael G Rice CPT Wayne G Rod CPT James H Rosenblatt CPT Michael L Rudasill CPT James A Rupp CPT Stephen V Saynisch CPT Benjamin H Settle CPT Charles W Sheehan Jr CPT Anthony J Siano CPT Douglas C Smith CPT William L Sossaman CPT Craig L Stevenson CPT Marshall M Sweeney CPT Allan A Toomey CPT Martha J Trudo CPT John K Vreeland CPT Craig M Wilson CPT Eduard T L Zijlstra
68th BASIC CLASS GRADUATES
CPT Richard C Bentley CPT Fay the A Blake CPT John R Bone LT Robert G Bright USCG CPT William 1 Caron CPT Larry G Cecil CPT Ronald L Chapman CPT Hugh E Cherry CPT Michael C Denny CPT Graydon W Dimkoff CPT Ronald E Erickson CPT Ralph J Frick Jr CPT Lester M H Goo CPT Glenn S Hara CPT William C Jaekel CPT Thaddeus J Keefe III
CPT Leslie E LeDoux II CPT Robert A Long Jr CPT William G F Mill er CPT Kenneth E Mitchell LT James D Morgan USCG CPT Robert E Morris CPT Vahan Moushegian Jr CPT Frank R Newett CPT Richard H Nixon CPT James P Ring CPT Conrad J Rybicki CPT Ronald J Shea LT John E Shkor USCG CPT Lawrence A Smith CPT Frank J Wagner Jr CPT Alvern C Weed
115
bull
APPENDIX K
BASIC CLASS ACADEMIC AWARDS
American Bar Association Award for Professional Merit (highest overall academic standing)
CPT Robert F Apgar 65th Basic CPT Lawrence E Wzorek 66th Basic CPT John K Vreeland 67th Basic CPT Robert A Long Jr 68th Basic
Commandants Award for Professional Merit (second highest overall academic standing)
CPT John R MacPherson 65th Basic CPT Frederick N Smalkin 66th Basic CPT John T Rank 67th Basic CPT Glenn S Hara 68th Basic
Judge Paul W Brosman Award United States Court of Military Appeals (highest standing in Criminal law subjects)
CPT Robert F Apgar 65th Basic CPT Gerald J Leeling 65th Basic CPT John R MacPherson 65th Basic CPT Peter K Plaut 65th Basic CPT Dale B Smith 65th Basic CPT James W Almand 66th Basic CPT Frederick N Smalkin 66th Basic CPT Harry A Tucker Jr 66th Basic CPT Lawrence E Wzorek 66th Basic CPT John K Vreeland 67th Basic CPT Robert A Long Jr 68th Basic CPT Frank R Newett 68th Basic
The Foundation of the Federal Bar Association Award for Distinguished Accomplishment (highest standing in Procurement Law subjects)
CPT Charles B Dickson CPT Frederick N Smalkin CPT John J Dioguardi CPT William C Jaekel
65th Basic 66th Basic 67th Basic 68th Basic
117
Judge Advocates Association Award for
CPT Joyce E Plaut CPT James W Almand CPT Paul M Scott CPT Lawrence E Wzorek CPT George W Bailey Jr CPT Hugh E Cherry
Achievement (highest standing in Civil Law)
65th Basic 66th Basic 66th Basic 66th Basic 67th Basic 68th Basic
Association of the United States Army Plaque (highest standing in Phase I)
CPT John R Hill CPT Alexander L Blondeau Jr CPT Willis D Cronkhite CPT John J Dioguardi CPT Ronald L Chapman
65th Basic 66th Basic 66th Basic 67th Basic 68th Basic
118
GUEST
SPEAKER
Mr Roscoe J Ailor Chief Recovery Division U S Army Claims Service Fort Meade Maryland
Professor Richard C Allen Director Institute of Law Psychiatry and Criminology George Washington University
Mr Harry H Almond Jr Senior Attorney-Advisor Office of General Counsel for International Affairs Office of Secretary of Defense
BG Bruce C Babbitt USA Assistant Judge Advocate General for Civil Law
Professor Richard R Baxter Harvard University School of Law
LTC Harry Beavers MC Chief Family Planning Service Walter Reed Medical Center
Colonel Myron Birnbaum USAF U S Air Force Judiciary
Major Ramond K Bluhm U S Army Civil Affairs School Fort Bragg North Carolina
Professor James E Bond School of Law Washington amp Lee University
APPENDIX L
SPEAKERS AND VISITORS
TOPICPURPOSE OF VISIT
Oaims Administration Panel
Examination of a Psychiatrist
The Law of War - Applied to Weapons and Targets
Addressed Opening Exercises of the 54th Procurement Attorneys Course and the Third Procurement Attorneys Advanced Course conducted Advanced Class Seminar
Perspectives on Work Being Done on the Geneva Conventions of 1949
Family Counseling and Family Planning
Armed Services Correctional Program
U S Civil Affairs Current Developments
Internal Conflicts and Common Article 3
119
Captain Michael A Brodie JAGC Litigation Division OTJAG
Captain Clifford D Brooks JAGC Procurement Law Division OTJ AG
Dr Robert Brown Psychiatrist Charlottesville Virginia
Mr Thomas V Bryant Jr Office of the General Counsel Small Business Administration
Mrs Nancy Buc Assistant Director for Consumer
Education Bureau of Consumer Protection Federal Trade Commission
Mr Francis T Buckley Chief Counsel U S Army Missile Command Redstone Arsenal
Hon John A Busterud Deputy Assistant Secretary of Defense Washington D C
Hon J Fred B uzhard t General Counsel Department of Defense
Mr John Carey Partner Coudert Bros Law Firm New York
Major General J S Cheney USAF The Judge Advocate General U S Air Force
Evaluation and Settlement of Suits under the Federal Tort Claims Act and Federal Care Recovery Act The Federal Medical Care Recovery Act
Labor Standards in Government Contracts Special Interest Institutes
Family Law Panel
The 8(a) Subcontracting Program
Consumer Protection Panel
Weapons Systems Acquisition vs Procurement at Post Camp and Station Level
Environmental Quality
Addressed 1972 JAG Conference
Recent Developments in Human Rights
Conducted Advanced Oass Seminar
120
Dr Lawrence E Chermak Funding of Major Acquisitions Counsel for the Comptroller of the Navy Office of the General Counsel Department of the Navy
Colonel Jerry E Connor USAF Chief Legal Assistance Division OTJAG Department of the Air Force
LTC Albert A Covington JAGC Staff Judge Advocate Retraining Brigade Fort Riley Kansas
Mr Richard Cunningham Office of the General Counsel U S Army Corps of Engineers
Mr Gilbert Cuneo Partner Sellers Conner amp Cuneo Washington D C
Mr Overton A Currie Partner Smith Currie amp Hancock Atlanta Georgia
Mr Jerome J Curtis Jr Assistant Professor of Law Marshall-Wythe School of Law College of William and Mary
Hon William H Darden Chief Judge U S Court of Military Appeals
Hon Arno H Denecke Associate Justice Oregon Supreme Court
Mr Edwin Dosek Bureau of Consumer Protection Federal Trade Commission
Current Status and Future Plans for Pilot Legal Services Program
Retraining the Soldier
The Army What the Future Holds The Army An Impact Statement on the Effects of Environmental Law-The Lawyers View
Contractors View of Board of Contract Appeals
Contractors View of Performance Problems of Construction Contracts
Real Estate Transactions
Addressed JAGSO Units
Hearsay Hazards
Consumer Protection Panel
121
Mr Dolf Droge National Security Council Staff The White House
Mr Stanley Dubroff Chief Counsel Electronics Command Fort Monmouth New Jersey
LTC Joseph A Dudzik JAGC Procurement Law Division OTJAG
Hon Robert M Duncan Judge United States Court of Military Appeals
Major William G Eckhardt JAGC Chief Personnel Affairs Branch Litigation Division OTJ AG
Colonel John L Fellows Jr ARM Commanding Officer U S Army Garrison Presidio of San Francisco
Mr Allen Felts Oaims Training Director Eastern Regional Office State Farm Insurance Company
Mr Nicholas A Fidandis Commissioner Federal Mediation amp Conciliation Service
Colonel Zane E Finkelstein JAGC Office Chairman Joint Chiefs of Staff Department of Defense
Mr Lawrence D Gaughan Associate Professor of Law Washington amp Lee University School of Law
An Analysis of the Vietnam Situation
Practical Aspects of Contract Types and Negotiation Procurement EthiQs
Current Developments in Procurement Law
The Military Judge and the Court of Military Appeals
Helping a Commander Control his Installation Relationships Between DA and Department of Justice and Litigation Reports Panel
The Legal Problems of an Installation Commander
Insurance Company View on Claims Settlement
Impasse Mediation
Joint Chiefs of Staff On-Going Agreements
An Outline of the Civil Law System and Doctrine Civil Affairs in Combat The Israeli Experience
122
Captain Norman L Goldberg JAGC Military Personnel Law Team Administrative Law Division OTJAG
Colonel Viviano Gomez Jr JAGC Staff Judge Advocate U S Army Training Center Fort Ord California
Professor Gidon A G Gottlieb School of Law New York University
Captain Kenneth E Gray JAGC Office of the Staff Judge Advocate U S Army Training Center Infantry Fort Dix New Jersey
Air Vice Marshal Eric G Hall Pakistan Embassy Washington D C
Captain Andrew M Harkness JAGC Procurement Law Division OTJ AG
LTC R G Harmer British Embassy Washington D C
Mr Neal Harrison Director Classification Division U S Disciplinary Barracks Fort Leavenworth Kansas
Colonel Alton H Harvey JAGC Chief Criminal Law Division OTJAG
Mr Elliot Harwood Deputy Assistant Director Plans and Policy Office of Director of Defense Research and Development
Contemporary Problems in Personnel Separations
Conducted Advanced Class Seminar
National Implementation of the Laws of War
The Pilot Program-Present and Future
Distinguished Guest at the 21 st Advanced Oass Graduation
Labor Standards in Government Contracts
Liaison Visit
U S Disciplinary Barracks and Army-Air Force Clemency and Parole Board
Law Office Management
Weapons Systems Acquisition
123
LTG Joseph M Heiser Jr USA Deputy Chief of Staff for Logistics
MG Kenneth J Hodson USA Chief U S Army Legal Services Agency
LTG Harris W Hollis USA Chief Office of Reserve Components Department of the Army
Colonel Kenneth A Howard JAGC Chief Trial Judiciary OTJ AG
Captain Fred Huff JAGC Lands Office OTJAG
Hon Hadlai A Hull Assistant Secretary of Army for
Financial Management
Mr Michael R Jetter Internal Revenue Service Richmond Virginia
Mr Robert Johnson Harris Tuck Freasier amp Johnson Richmond Virginia
Mr Nathaniel Jones General Counsel NAACP New York New York
Professor Yale Kamisar School of Law University of Michigan
Professor Delmar Karlen School of Law New York University
Importance of Legal Officers in Logistics
Conducted Advanced Class Seminar 11th Military Judge Course Graduation
Addressed National Guard Conference
Records Reports and Administration Panel Sentencing General and Special Findings
Environment and Law
21 st Advanced Class Graduation Speech
Rent and Price Controls
A Plaintiffs Lawyer Looks at Torts Practice
Task Force on the Administration of Military Justice in the Armed Forces
Second Annual Kenneth J Hodson Lecture in Criminal Law
First Annual Edward H Young Lecture in Military Legal Education
124
Captain Elton J Keeley INF U S Army Civil Affairs School U S Army Institute for
Military Assistance Fort Bragg North Carolina
Colonel William R Kennedy USAF U S Air Force Judiciary
CW2 Dieter P Kohler U S Army Claims Service
Mr L David Korb Deputy Director Office of Labor-Management Relations U S Civil Service Commission
Captain Royce C Lamberth JAGC Litigation Division OTJAG
Hon Francis J Larkin Third District Court Milford Massachusetts
LTC Edward A Lassiter JAGC Assistant Chief Military Justice Division OTJAG
Mr Shao-chuan Leng Professor of Government and
Foreign Affairs University of Virginia
Captain Morris 1 Lent JAGC Deputy Staff Judge Advocate U S Army Engineer Center Fort Belvoir Virginia
Mr William Lessin Office of Directorate for Personnel
and Community Activities Fort Belvoir Virginia
U S Civil Affairs Orientation
Records Reports and Adninistration Panel
Claims Administration Panel
The Federal Labor-Management Relations Program Today
Military Personnel Law Litigation
Judicial Technique and Administration
Current OTJAG Military Justice Policies and Projects
Communist Law--Chinese Legal Principles
Legal Services Center Concept
Budgeting for a JA Office
125
Professor Richard B Lillich School of Law University of Virginia
Mr Ronald E Lunstrum Senior Corrections Specialist Department of the Navy
Major Eric Mackintosh Staff Officer MASSTER Project Fort Hood Texas
BG Clyde R Mann USMC Director Judge Advocate Division U S Marine Corps Washington D C
Dr Theodore C Marrs Deputy Assistant Secretary of Defense
for Reserve Affairs DOD Washington D C
Professor Daniel J Meador James Monroe Professor of Law University of Virginia
Mr Wayland Medley Technical Staff Economic Stabilization Board Internal Revenue Service Richmond Virginia
Mr Robert W Meserve President American Bar Association
Mr Travis Mills Assistant General Counsel U S Civil Service Commission
Humanitarian Intervention
Armed Services Correctional Program
Project MASSTER Orientation
Distinguished Guest at 21 st Advanced Class Graduation
Addressed JAG Reserve Conference
Discovery under the Federal Rules of Civil Procedure
Rent and Price Controls
Orientation Visit
The Role of the Government Attorney in the Civilian Personnel Process
126
Mr John Norton Moore Counselor on International Law Office of the Legal Advisor Department of State
Mr Anthony L Mondello General Counsel U S Civil Service Commission Washington D C
Hon Robert Morgan Attorney General North Carolina
LTC James A Mounts JAGC Chief Personnel Claims Division U S Army Claims Service
Professor Gerhard OW Mueller School of Law Criminal Law Education and
Research Center New York University
Hon Tim Murphy Judge of the Superior Court of the District of Columbia
Colonel Abraham Nemrow AUS (Ret) Clerk of the Army Court of
Military Review U S Army Judiciary
LTC James E Noble JAGC Chief Patents Division OTJAG
LTC Matthew B ODonnell JAGC Defense Appellate Division OTJAG
Colonel Oliver E 0 Kier MPC Commandant U S Disciplinary Barracks Fort Leavenworth Kansas
The Use of Force in U S Foreign Policy
Civil Service Commission
Addressed JAG Conference
Personnel Claims Act A Modern Approach
Alternatives to Imprisonment
The Sentencing Function of the Trial Judge
Pretrial Advice and Common Errors Post Trial Review and Common Errors Administrative Errors in Records of Trial
Patents and Technical Data
Military Justice and Race Relations
Corrections and Rehabilitation in the Army Panel
127
MG Harold E Parker USA The Assistant Judge Advocate General
Major Theodore B Paterson U S Army Correctional Training
Facility Fort Riley Kansas
Captain B Raymond Perkins USNR Officer in Charge U S Navy-Marine Corps Judiciary
Activity OTJ AG Department of the Navy
Mr C Norman Poirier Deputy General Counsel Commission on Government
Procurement
Mr Herman L Pollock Executive Director Public Defender Project Supreme Court of Pennsylvania
Mr S J Pomrenze Chief Office Management Division Administrative Services Directorate OT AG Department of the Army
LTC Robert W Poydasheff JAGC Chief Civilian Personnel Law Division OTJ AG
MG George S Prugh USA The Judge Advocate General Department of the Army
Mr Rouhollah K Ramazani Professor of Government and
Foreign Affairs University of Virginia
Addressed Graduation Exercises of the 65th 66th 67th and 68th Basic Classes Conducted Advanced Class Seminar
Armed Services Correctional Program
Records Reports and Administration Panel Relationship of Counsel Decorum and Judicial Responsibilities
Government Procurement Commission Report
Functions of Defense Counsel
The Current and Future Status of the Army Records Management Program
Civilian Personnel Law and Labor-Management Relations
Conducted Advanced Class Seminar
Traditional Law and Foreign Influences in the Islamic World
128
MG Lloyd B Ramsey USA The Provost Marshal General
LTC Philip N Reed INF U S Army Civil Affairs School U S Army Institute for
Military Assistance Fort Bragg North Carolina
RADM Horace B Robertson Jr JAGC USN
Deputy Judge Advocate General of the Navy
Captain John H Rodgers JAGC Office of the Staff Judge Advocate Office of the Surgeon General
Mr Joseph H Rouse U S Army Claims Service
Dr Jesse G Rub in President Psychiatric Institute Foundation Washington D C
Professor Helmut Rumpf Office of the Legal Advisor Foreign Office Federal Republic of Germany
Captain Nicholas Sabalos USN Office of the Director J oint Staff Joint Chiefs of Staff
Mr Harry M Saragovitz Assistant General Counsel Army Materiel Command
Mr Arpiar Saund ers Attorney National Prison Project Washington D C
Addressed the 21st Advanced Class
U S Civil Affairs Orientation
U S Navy Military Judge
Family Planning Panel
Federal Tort Claims Act Injury Evaluation
Psychiatric Evaluations
Mutual Collective Security of United States and Germany
Joint Chiefs of Staff On-Going Agreements Military Implementation of the Law of War
Weapons Systems Acquisition and Technical Data
Prisoners I Rights
129
Mr John Schulz Editor-in -Chief Military Law Reporter The Public Law Education Institute Washington D C
Major David H D Selwood Deputy Assistant Director of
Army Legal Services Ministry of Defence United Kingdom
Mr Thomas Sheck ells Manager of Federal Agreements Environmental Protection Agency
Mr Paul Shnitzer Office of the Comptroller General
Colonel James E Simon JAGC Staff Judge Advocate U S Army Training Center Fort Dix New Jersey
Mr Curtis Smothers Acting Deputy Assistant Secretary
of Defense for Equal Opportunity
Mr Richard C Solibakke Chairman Armed Services Board of
Contract Appeals Department of Defense
Mrs Goody L Solomon Executive Editor Office of Consumer Services Department of Health Education
and Welfare
Outsiders View of Military Litigation
Northern Ireland Situation
Environmental Law
Problems in Award of Negotiated Contracts
Conducted Advanced Class Seminar
Race Relations Consideration of onshygoing Defense and Army Educational Programs to Improve Race Relations and the use of Off-Post sanctions in CONUS and Overseas
Contract Claims and Litigation Boards of Contract Appeals
Consumer Protection Panel
130
Mr Michael R Sonnenreich Deputy Chief Counsel Bureau of Narcotics and Dangerous Drugs Department of Justice
Mr William H Speck Associate Counsel Naval Facilities Engineering Command
Mr Richard E Speidel Henry L and Grace Doherty
Professor of Law University of Virginia
RADM Merlin H Staring USN The Judge Advocate General U S Navy
Mr Jack Stempler General Counsel Department of the Air Force
Major Frank Stone International Affairs Division OTJAG
Mr John H Sud a Assistant Corporation Counsel Government of the
District of Columbia
Mr Paul Summers Trust Officer Citizens Bank amp Trust Company Charlottesville Virginia
Major William K Suter JAGC Assistant for Plans Personnel Plans amp Training Office OTJAG
Colonel Warren L Taylor JAGC SJ A Fifth United States Army Fort Sam Houston Texas
Drug Abuse Control
The Governments Perspective Concerning Construction Contract Performance Problems
Role of the GAO in the Bid Protest Procedure
Cond ucted Ad vanced Gass Seminar
Orientation Visit
The Status of Military Forces in Japan Korea and Germany
Motion Practice under the Federal Rules of Civil Proced ure
Investment Counseling
Plans Programs and Training
Conducted Advanced Class Seminar
131
Colonel Joseph N Tenhet Jr JAGC Special Assistant to TJAG OTJAG
Mr Charles Terry Attorney at Law Morristown Tennessee
LTC James F Thornton Jr JAGC Staff Judge Advocate U S Army Garrison Fort Campbell Kentucky
Rev David Turner Pastor St Marks Lutheran Church Charlottesville Virginia
Dean George A Van Hoomissen National College of District Attorneys University of Houston
Mr Paul B Walter School of Law University of Virginia
Captain John Whalen JAGC U S Army Claims Service
Colonel Frederick Bernays Wiener AUS (Ret)
Washington D C
BG Lawrence H Williams USA Assistant Judge Advocate General
for Military Law
Mr Raymond 1 Williams Executive Secretary Army Board for Correction of
Military Records
Final J A Operations in Vietnam
Anatomy of a Trial
Conducted Advanced Class Seminar
Family Law Panel
Functions of Prosecution
Understanding your Client
Federal Tort Claims Act Injury Evaluation
Some Historical Aspects of Military Law
Conducted Advanced Class Seminar
Policies and Procedures of the Army Board for the Correction of Military Records
132
Colonel Wade H Williamson JAGC Chief Administrative Law Division OTJAG
Mr Adelbert K Wnorowski Raphael amp Wnorowski Amsterdam New York
Dr Nathan Wolkomir President National Federation of Federal Employees
Colonel John A Zalonis JAGC Chief Legal Assistance Office OTJAG
Current Problems in the Personnel Area
Grievances and Arbitration
Union Viewpoint of the Federal Labor-Management Relations Program
Update on Current Status and Future Plans for the Pilot Legal Services Program
133
APPENDIX M
ARTICLES BY STAFF AND FACULTY MEMBERS
Colonel John Jay Douglass High Command Case A Study in Staff and Command Responsibility The International Lawyer Vol 6 No4 (Oct 1972)
Lieutenant Colonel John L Costello Book Review Great Court-Martials 59 Military Law Review 233 (1973)
Major James R Coker Book Review The International Law of Civil War 59 Military Law Review 239 (1973)
Major James R Coker Book Review The Death of the Army-A Pre-Mortem Fordham Law Review
Major James R Coker The Status of Visiting Military Forces in Europe A Treatise on International Criminal Law (Bassiouni amp Nanda Ed) Vol II (CCThomas Illinois 1973)
Major James A Endicott Jr New Approach to Military Law Instruction 738 Army ROTC Education Commentary lA (1973)
Major James A Endicott Jr Decision Making and the Court-Martial Cases 45 The Judge Advocate Journal (1973)
Major James A Endicott Jr Claims Against the United States 9 Law Notes 17 (1972)
Major Francis A Gilligan Issues Raised by Military Warrants The Army Lawyer Vol 2 No 8 (August 1972)
Major Francis A Gilligan Inspections The Army Lawyer Vol 2 No 11 (November 1972)
Major Francis A Gilligan Eyewitness Identification 58 Military Law Review 183 (1972)
Major Francis A Gilligan Probable Cause and the Informer 60 Military Law Review 1 (1973)
Major J J McGowan Sr SJA Spotlight--Iran The Army Lawyer Vol 2 No 10 (Oct 1972)
135
Major Paul Jackson Rice Military Dissent The Army Lawyer Vol 3 No2 (Feb 1973)
Captain Bernard R Adams Eminent Domain Police Power and Urban Renewal Compensation for Interim Depreciation in Land Values 7 Georgia Law Review 226 (Winter 1973)
Captain Stephen L Buescher The Court of Military Appeals A Survey 59 Military Law Review 129 (1973)
Captain Edward J Imwinkelried The New Federal Rules of Evidence The Army Lawyer Vol 3 No4 (April 1973)
Captain Edward J Imwinkelried The New Federal Rules of Evidence Part II The Army Lawyer Vol 3 No5 (May 1973)
Captain Jack F Lane Jr The Undesirable Discharge--Administrative Tool or Back-Door Court Army Vol 22 No 11 (Nov 1972)
Captain Jack F Lane Jr Classification Promotion and Racial Discrimination The Army Lawyer Vol 3 No5 (May 1973)
Captain Jordan 1 Paust My Laiand Vietnam Norms Myths and Leader Responsibility 57 Military Law Review 99 (1972)
Captain Jordan 1 Paust Law in a Guerrilla Conflict Myths Norms and Human Rights III Israel Yearbook
Captain Jordan J Paust The Nuclear Decision in WWII Trumans Ending and Avoidance of War International Lawyer (1974)
Captain Jordan 1 Paust Comment on Command Responsibility 25 Naval War College Review (Jan-Feb 1973)
Captain Jordan J Paust Human Rights Human Relations and Overseas Command The Army Lawyer Vol 3 No I (Jan 1973)
Captain Donald N Zillman In-Service Conscientious Objection 10 San Diego Law Review (1973)
Captain Donald N Zillman The Court of Military Appeals A Survey 59 Military Law Review 129 (1973)
136
Captain Donald N Zillman Armed Services the 5th Circuit 21 Mercer Law Review (1972)
Captain Donald N Zillman Recent Development Environmental Law 57 Military Law Review 203 (1972)
Captain Donald N Zillman Involuntary Activation of Reservists The Army Lawyer Vol 2 No 10 (Oct 1972)
137
APPENDIX N
VISITS TO RESERVE UNITS - FY 1973
I JAG DETACHMENTS
9th Cleveland Ohio 7 Feb 1973 213th Atlanta Georgia 17 Feb 1973 155th 42d Pitt sburgh Pennsylvania 19 Feb 1973 153 157th Philadelphia Pennsylvania 20 Feb 1973 10th Washington D C 21 Feb 1973 3d Boston Massachusetts 22 Feb 1973 12th Columbia South Carolina 23 Feb 1973 78th Los Angeles California 27 Feb 1973 20th Dallas Texas 28 Feb 1973 173d Birmingham Alabama 2 Mar 1973 8th Kansas City Kansas 5 Mar 1973 139th Cincinnati Ohio 6 Mar 1973 148th Columbus Ohio 7 Mar 1973 4th New York New York 8 Mar 1973 7th Chicago Illinois 10 Mar 1973 81 st San Diego California 14 Apr 1973 I 20th Denver Colorado 28 Apr 1973 2d New Orleans Louisiana 30 Apr 1973 9th Cleveland Ohio I May 1973 106th Detroit Michigan 2 May 1973 162d Richmond Virginia 6 May 1973
II USAR SCHOOLS
(Visits required by Annex AL CON Reg 350-1)
Richmond USAR School 29 May 1973 Norfolk USAR School 19 May 1973
139
III J1l
Miami USJR School Phase II BOJC
South Charleston USJR School
Seattle USJR School 99th JJG Detachment l62d JJG Detachment
121 st JJG Detachment 20th JJG Detachment 2l0th JJG Detachment
89th JJG Detachment l73d JJG Detachment l55th JJG Detachment
35th JJG Detachment
Livonia USJR School
Hattiesburg Mississippi
Fort Ritchie Maryland
Reno Nevada Joliet Msenal Illinois HQ Electronics Command
Fort Monmouth N J Redstone Msenal Jlabama Rock Island Jrsenal Illinois White Sands Missile Range
New Mexico Fort Huachuca Mizona Huntsville Jlabama MllMllS Brooklyn and MllMllS
Bayonne llerminal Jviation Systems Command
St Louis Missouri DePere Wisconsin
18-20 Jul 1972
6-7 Jug 1972
8-9 Jug 1972 18 Jan 1973 7-8 Mar 1973
25 Jpr 1973 7 May 1973 16 May 1973
17 May 1973 18 May 1973 21-22 May 1973
7-8 Jun 1973
17-18 Jun 1973
140
APPENDIX 0
LECTURES GIVEN OUTSIDE TJAGSA
COL John Jay Douglass Chaplains School Fort Hamilton New York
COL John Jay Douglass Fort Gordon Georgia
COL John Jay Douglass Richmond Virginia Chapter of The Military Order of the World Wars
COL John Jay Douglass Defense Information School Fort Benjamin Harrison Ind
COL John Jay Douglass Finance School Fort Benjamin Harrison Ind
COL John Jay Douglass Naval Justice Seminar Coronado Beach California
COL John Jay Douglass Sergeants Major Academy Fort Bliss Texas
LTC David A Fontanella Ft McClellan Alabama
LTC David A Fontanella Ft Benning Georgia
LTC David A Fontanella Ft Rucker Alabama
FISCAL YEAR 1973
Civil Law Problems and the Chaplain
Presented Opening Remarks to Phase 1shy67th Basic Class
Military Law Today
The Serviceman and the Bill of Rights
Current Developments in Military Law
TJ AGSA and the Training of J AGC Reserves
Military Justice
Civil Law Update
Civil Law Update
Civil Law Update
141
LTC David A Fontanella Army and Air Force Senior ROTC Gasses University of Virginia Charlottesville Virginia
LTC David A Fontanella Chaplains School Ft Hamilton New York
LTC David A Fontanella U S Army War College Carlisle Barracks Pa
LTC David A Fontanella U S Army War College Carlisle Barracks Pa
LTC David A Fontanella U S Army War College Carlisle Barracks Pa
LTC David A Fontanella U S Army War College Carlisle Barracks Pa
MAJ James R Coker Fort Lee Virginia
MAJ James R Coker Fort Bragg North Carolina
MAJ James R Coker USAIMA Fort Bragg North Carolina
MAJ James R Coker Staunton Military Academy Staunton Virginia
MAJ James R Coker Valley Forge Pennsylvania
Military Personnel Law
Military Personnel Law
Challenges to Command
Military Personnel Law
Gairns and Litigation
Challenges to Command
The Law of War in Modern Armed Conflict
The MAAG Mission and the Law of War
Law of War and CivilMilitary Operations
Introduction to the Laws of WaI
The Rule of Law in Warfare
142
MAJ Francis A Gilligan Army War College Carlisle Barracks Pa
Constitutional Rights and Article 15
MAJ Nancy A Hunter Hofstra University and Law School Hempstead New York
bull Women in the Military
MAJ Jack F Lane Jr Army and Air Force Senior ROTC Classes University of Virginia Charlo ttesviIle Virginia
Boards of Officers and Administrative Law
MAJ James J McGowan Fort Eustis Virginia
Law of Modern Armed Conflict
MAJ Fort
James 1 McGowan Eustis Virginia
The Law of War in Modern Armed Conflict
MAJ Paul J Rice Washburn University of Topeka School of Law Topeka Kansas
JAGC Orientation
MAJ Paul J Rice University of Kansas School of Law Lawrence Kanssa
JAGC Orientation
MAJ Paul J Rice University of MissourishyKansas City School of Law Kansas City Missouri
JAGC Orientation
MAJ Paul 1 Rice University of Missouri-shyColumbia School of Law Columbia Missouri
JAGC Orientation
MAJ Paul J Rice St Louis University School of Law St Louis Missouri
JAGC Orientation
143
MAJ Paul J Rice Washington University School of Law St Louis Missouri
MAJ Paul J Rice Pre-Law Advisors from the State of Virginia University of Virginia Charlottesville Virginia
MAJ Paul J Rice U S Army War College Carlisle Barracks Pa
CPT Bernard R Adams Army Reserve Unit Cherry Avenue Charlottesville Virginia
CPT Ronald C Griffin Rutgers University Camden New Jersey
CPT Ronald C Griffin University of Oregon Eugene Oregon
CPT Jan Horbaly Army ROTC University of Virginia Charlottesville Virginia
CPT Jan Horbaly Reserve CampGS Training Charlottesville Virginia
CPT Edward J Imwinkelried Army ROTC University of Virginia Charlottesville Virginia
CPT W H Parks USMC NROTC University of Virginia Charlottesville Virginia
JAGC Orientation
Career Opportunities in the JAG Corps
Military Installations and the Authority of the Commander
Drug Abuse Control
Civil Rights in the Military
Consumer Protection The Soldiers and Sailors Civil Relief Act
Introduction to Military Justice
Introduction to Military Justice
Article 15
Introduction to Military Justice
144
APPENDICES
A Organizational Roster of School
B Background Information on Officer Personnel
C Allied Officer Students
D Courses Conducted (Fiscal Year 1973)
E Courses Scheduled (Fiscal Year 1974)
F Thesis Topics and Scope Notes 21 st Advanced
G Guest Members Thesis Evaluation Committees 21st Advanced Class
H Graduates 21st Advanced Class
I Academic Awards 21 st Advanced Class
J Basic Class Graduates
K Basic Class Academic Awards
L Guest Speakers and Visitors
M Articles by Faculty Members
N Visits to Reserve Units
O Lectures Given Outside TJAGSA
Class
79
83
91
93
95
97
107
109
111
113
117
119
135
139
141
iv
CHAPTER I
ADMINISTRATION AND ORGANIZATION
Section I
History of The Judge Advocate Generals School
Judge advocates have served the United States Army since 1775 but no effort was made to provide them with formal training in military law until the opening days of World War II
The Home of the Military Lawyer began on a temporary basis in February 1942 at the National University Law School (now part of the National Law Center of the George Washington University) Washington DC In August 1942 operations were transferred to the University of Michigan Law School in Ann Arbor where Colonel Edward H Young J AGC was the Commandant In the following months hundreds of officers were trained at Ann Arbor and by June 1944 over two-thirds of the active duty strength of the Judge
UllilJcrsity uf AliclziJan Law School
Advocate Generals Corps were graduates of the School Colonel Reginald C Miller JAGC became the Commandant in December 1944 The end of the war substantially reduced the need for trained military lawyers and in 1946 the School was deactivated
A 1946 study on the administration of military justice recommended that provisions be made for the training of Army lawyers in military law and plans were soon being prepared in the Office of The Judge Advocate General to implement the recommendation The passage of the Uniform Code of Military Justice and the Korean conflict accentuated the need for judge advocate training facilities As a consequence The Judge Advocate Generals School was activated at another temporary training facility at Fort Myer Virginia again under the guidance of Colonel Young Approximately 200 officers attended several five-week courses in basic military law taught by five officer-instructors
By this time the decision had been made to establish The Judge Advocate Generals School as a permanent branch service school It was decided to locate the School within 200 miles of Washington but sites as far away as Fort Crockett Texas and Fort Rodman Massachusetts had been considered In the spring of 1951 a survey was made of the facilities offered by the University of Virginia and on 2 August 1951 the present Judge Advocate Generals School was established on the Grounds of the University of Virginia
Previous Commandants
Colonel Charles L Decker 2 August 1951-14 June 1955
Colonel Nathaniel B Rieger 15 June 1955--1 March 1957
Colonel John G OBrien 1 March 1957--13 May 1961
Colonel John FT Murray 1 July 1961-31 December 1964
Colonel John W Burtchaell 1 January 1965--30 June 1966
Colonel Lewis F Shull 25 July 1966-3 September 1967
Colonel Kenneth C Crawford 3 September 1967-1 June 1970
COL Edward H Young JACC
2
Section 2
Office of the Commandant
The Commandant is the Commander of The Judge Advocate Generals School
U S Army a field oper~lting agency of the Office of the Judge Adv0Cltc Gencnl He
is responsible for the accomplishment of the mission of the School which includes the
personnel and logistic support functions undertaken at the School by assigned personnel
The Commandant exercises special court-martial jurisdiction He is in effect a law school dean a post commander a law book editor and publisher a research director and the
career management ~lIId training officer for all JAGC reservists
During the year the Schools second academic chair was established in honor of
the first Commandant of The Judge Advocate Generals School who served as such during
both World War II and the Korean conflict The Colonel Edward H Ham Young Chair
C()L bzlau H YOInu ([Smiddotl f~ct i
slwakillg dt (cdicution cercllOnics for tlC LcUdrd H Hmz YOIng ClUlir of Iilitdrv poundo((u ilcation
3
of Military Legal Education is occupied by Colonel John Jay Douglass Commandant of the School Each honorary chair established at the School is associated with an annual lecture of the same name the first Edward H Young lecture was presented by Delmar Karlen of the Institute of Judicial Administration New York
Prof Delmar Karlen
COL Douglass and Mrs Towsey
4
Section 3
Reorganization of the School
In February 1973 the School underwent its first major reorganization since 1956 While this coincided with a major Army reorganization the main purpose of the School reorganization was to divide School missions along functional lines among the various departments Highlights of the reorganizations are
(I) Office of the Commandant The new position of Assistant Commandant for Reserve Affairs and Special Projects was created to provide policy control for the JAGC Reserve program on behalf of The Judge Advocate General of the Army Responsibilities include training management for J AGC units personnel management at the Department of the Army level and coordination of the training of individual JAGC Reserve component members This office replaces and expands on the former Reserve Affairs Department with certain operating functions transferred to the Academic Department
(2) Academic Department The Academic Department retains its former functions with the addition of an Office of Nonresident Instruction The Office of Nonresident Instruction oversees on behalf of the Director the Schools responsibilities for U S Army Reserve Schools correspondence courses ROTC instructional materials military law instruction at other service schools instruction in military law in Army units and the newly assigned mission on-site instruction for J AGC officers in Reserve component units The current faculty augmented by six new members will present the on-site instruction
(3) Development Doctrine and Literature Department This Department performs the newly assigned combat development mission (acquired upon the abolition of the Judge Advocate Agency Combat Developments Command) and continues certain functions of the former Plans and Publications Department Included in the mission of the new Department is the publication of the Military Law Review The Army Lawyer and the Judge Advocate Legal Service Two new positions were created for Combat Development and for Professional Development and Liaison The latter position has the responsibility for liaison with the American Bar Association the Federal Bar Association the Judge Advocates Association and other bar goups throughout the United States
(4) Office of the School Secretary All administrative and logistical support functions have been placed in the Office of the School Secretary In addition to the existing functions of personnel management (Adjutant) services and logistics there has been added
5
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Section 4
Board of Visitors
A Board of Visitors has been appointed pursuant to Executive Order No 11007 and AR 15-1 to insure that the high standards of the School are maintained and to assist in the determination of areas requiring improvement The Board composed of leading civilian practitioners and legal ed Llcators examines the varied operations of the School and sums up its findings with criticisms and recommendations in a report submitted at the end of its inspection During the past year Colonel Van Benschoten was made an honorary member of the Board and Mr Richard E Wiley was appointed as a regular member
The Board met as a group from 10 to 13 April 1973 and re-elected Colonel Deutsch as its Chairman Colonel Deutsch Colonel Van Benschoten Colonel Finger Professor McDougal Professor Reed and Commissioner Wiley were present and undertook an inspection of the School Colonel Benjamin HO Schleider Jr J AGC USAR an attorney in Houston Texas served as the Recorder
Briefing of Board of Visitors
7
Eberhard P Deutsch Attorney at Law arid senior partner of the law firm of Deutsch Kerrigan and Stiles New Orleans Louisiana Editor-in-Chief of the American Bar Association publication The International Lawyer Colonel United States Army Reserve (Retired) and Civilian Aide to the Secretary of the Army from Louisiana
John H Finger Attorney (It Law San Francisco Califorllia and senior partner of the law finn of Finger Brown and Abramson past president of the California Bar Association Colonel United States Army Reserve (Retired) the JlI dge Advocate Generals Corps
Myres S McDougal Sterling Professor of Law The Yale Law School New Haven Connecticllt former president of the Association of American Law Schools
8
Honorable Alfred P Murrah Director Federal judicial Center Senior jude and former Chief judge 10th Circuit US Court of Appeals
john W Reed Ann Arbor Jvlichigan Professor of Law The University of Michigan Law School and Wayne State University Law School Director The Institute of Continuing Legal Education former Dean of the University of Colorado School of Law
Honorable Richard E Wiley Commissioner Federal Communications Commission former General Counsel Federal Communications Commission former Chairman of the Young Lawyers Section of the American Bar Association former partner in the firm of Burditt and Calkins Chicago Illinois former Captain in the judge Advocate Generals Corps US Army
9
Birney M Van Benschoten Attorney at Law New York City General Counsel for American Overseas Petoleum Ltd [Caltex Group J Colonel United States Army Reserve (Retired) the Judge Advocate Generals Corps Honorary Member of Board of Visitors
Following its visit the Board submitted its report containing the following comments and conclusions
a The Board was highly impressed with the efficient organization of the School The Commandant of the School is a highly energetic well-motivated and farsighted educational leader who without question has a high degree of cooperation and support at all levels of the staff and faculty The School is a credit to the Corps
b The Board believes it is an important role of the School to continue its present practice of constantly reviewing its curriculum and objectives Of necessity some of the educational missions of the School must be concerned with how-to-do-it courses and as is recognized by the School it is also important to have an academic environme1t to give it the quality of graduate-type curriculum
c It is believed by a majority of the Board that continued use of the thesis program is an important element in furthering the balance of practical instruction and purely academic thinking Consideration should be given to reorienting the thesis program toward longer range problems that may confront the military legal profession in the future rather than present problems
d The objective of increasing the variety of elective courses of students in the Advanced Course is highly desirable and should be continued and expanded to the extent feasible
e A specific compliment must be paid to the Librarian of the School for her diligent work in the cataloging and development of the acquisition plan of the Library Tremendous improvement has been seen in this one area and a tremendous amount of obvious hard work should not go unnoticed
10
Section 5
Allied Officer Program
Allied Officer Students During Fiscal Year 1973 the Judge Advocate Generals School was privileged to have as students in the 21 st Advanced Course and the 66th Basic Course allied officers from the United Kingdom Iran Jordan Pakistan and the Philippines See Appendix C
The Allied Officers received the same instruction took the same examinations and submitted written papers and theses as did their American colleagues These requirements indicate the high level of fluency in both the written and spoken aspects of the English language that these officers had achieved prior to their arrival at the School
During their stay the Allied Officers were escorted on tours of Jamestown Williamsburg and Norfolk In addition Allied Officers attending the 21 st Advanced Course
COL Fillton with LTC Ridao of the Philippines Squadron Leader Anwar of Pakistan and ivlA] Tehrali
of [ran Members of the 21st Advanced Class
1 I
Mrs Tehrani assists COL Douglass in Promoting MAJ Tehrani
Dean Monrad C Paulsen of UVA Law School visits with LTG Modares and MC Behzadi
12
wcrl cscorted on a DCSOPS Orientation Tour
or Washington DC for a one-week period
illlied Officer Gua dUC Visits On
2 November 1972 the annual banquet
honoring the Allied Officers was held at the
Monticello Hotel Distinguished guests
included The Judge Advocate General
LTG Modares Chief of the Iranian Judicial
Department and MC Behzadi Prosecutor
Ceneral Imperial Iranian Armed Forces
Other distinguished allied officers were
gucsts of the School for orientation visits
during the period covered by this report See
Appendix L
IvJAj Selwood (UK) 66th Basic Class
Allied Officer Gala
13
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Section 6
Interagency Education
The School continued this year to provide legal education to personnel from the other services and agencies within the Federal Government During the year our courses were attended by 48 Navy and Marine Corps officers 49 Air Force officers and 138 civilian employees of the Government from the Department of the Interior NASA the Atomic Energy Commission the U S Postal Service GSA FAA U S Water Resources Council the Department of Transportation GAO NSA the Department of Agriculture SBA ACTION USIA and the Army-Air Force Exchange System Our Basic Course provides the introduction to service oriented law for all of the Coast Guard legal officers and we provide a source of further education for the Coast Guard with our specialized programs
Coast Guard Officers and their Ladies at Basic class Reception
15
Captain William H Parks USMC a member of this years 21st Advanced Oass will be remaining at the School to join our faculty in the international and criminal law fields
Throughout the year the exchange of ideas methods and experience which was made possible by the inter-agency utilization of the School has been of immense value to all of the personnel and organizations involved
Representing the Women Attorneys in Uniform at T]AGSA
LT Dufford user (Basic class) CPT Casper USA (Basic Class) CPT Plaut USA (Basic Class) MA] Hunter USA (Faculty)
CPT Albertson USMC (Adv Class)
CMDR Cassani USCG Presents Basic class Diploma to LT Winona G Dufford USCG
CPT William H Parks US Marine Corps Representative on T]AGSA Faculty Teaching a class
in International Law
16
CHAPTER II
ACADEMIC DEPARTMENT
Section 1
Function and Organization
The Academic Department develops and conducts the Schools instruction for judge advocates in the active forces and Reserve Components Resident courses include the Judge Advocate Officer Basic Course an introductory course in military law for judge advocates initially entering active service and the Judge Advocate Officer Advanced Course which provides an academic year of graduate level study in military law and related fields During the year the department presents several specialized continuing legal education courses ranging from one to three weeks in length These include courses in military justice procurement law international law military personnel and administrative law law relating to military installations legal assistance claims litigation and environmental law Federal civilian employee law and a military judge course designed to qualify judges for the military judiciary The student body includes active duty and Reserve Component judge advocates of the Army Navy Air Force Marine Corps and Coast Guard civilian attorneys employed by the Federal Government and judge advocates from foreign countries The department also offers courses for warrant officer legal administrative technicians and enlisted legal clerks such as a Law Office Management Course the Noncommissioned Officer Educational System (NCOES) Advanced Course and courses for the training of paralegal assistants for military lawyers A three-day Senior Officers Legal Orientation is presented to brigade and installation commanders and other senior line officers In addition the department is responsible for all COL William S Fulton Jr of the Schools nonresident instruction Director Acade mic Department
17
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including the preparation and administration of extension courses the preparation of training material for judge advocates attending United States Army Reserve Schools or serving in Reserve Component units and the presentation of on-site instruction to Reserve Component unit judge advocates at their home stations
During the Fiscal Year 1973 36 resident courses were conducted with 1268 students in attendance Of the 998 Army officers attending courses 783 were active duty
LTC David A Fontanella Chief Civil Law Division
personnel and the remaining were reserve component officers Courses conducted during Fiscal Year 1973 appear at Appendix D Courses scheduled to be conducted during Fiscal Year 1974 are set forth in Appendix E
The official source of infonnation concerning courses of instruction at all Army service schools including The Judge Advocate
LTC Hugh R Overholt Chief Criminal Law Division
Generals School is the US Army Formal Schools Catalog (Department of the Army Pamphlet 350-10) That catalog provides detailed information for staff officers commanders and personnel officers who are concerned with the selection of individuals for school attendance for commissioned officers both active and reserve of the armed forces and all civilian employees of the Government who are interested in attending particular courses and for others who may MAl James R Coker wish to acquaint themselves with the Armys Cllie ICL Division
19
training opportunities In addition Army regulations govern related matters such as attendance by military personnel from foreign countries Quotas for the courses mentioned above except for the Military Judge Course and the Warrant Officers Course may be obtained through usual command channels Quotas for the Military Judge Course are controlled by the U S Army Judiciary in Washington DC Particular inquiries concerning quotas may be addressed to the Commandant The Judge Advocate Generals School US Army Charlottesville Virginia 22901
The organization of the department includes Civil Law Criminal Law International and Comparative Law and Procurement Law Divisions The School is fortunate to have a highly qualified and exceptionally well-motivated faculty The average tenure of the faculty member is three years with an absolute minimum of two full academic years The majority of the faculty has had graduate legal training with some members of the faculty having graduate training in other disciplines An important adjunct member of the faculty is the Schools Educational Advisor Dr John Sanderson Assistant Dean University of Virginia School of Education Dr Sanderson serves as a consultant on a variety of educational problems at the School with primary emphasis on methods of testing and teaching
A Deputy Director for Nonresident Instruction will coordinate Department efforts in the area of military legal instruction for ROTC in other service schools and in the USAR schools He will also coordinate and administer the Schools extension correspondence course program The on-site instruction program will be administered by the Deputy Director for Nonresident Instruction in coordination with the Assistant Commandant for Reserve Affairs
MAJ Richard E Mowry Dr Jolm A Sandcrsoll Chief Procurement Law Division Edlcati01lal Advisor
20
Section 2
Judge Advocate Officer Advanced Course
GClZcral This course offers an academic year of graduate study in all areas of military legal practice Highly qualified judge advocates of the Armed Forces of the United States and allied nations are selected to attend
The Advanced Course is designed to provide an opportunity for experienced judge advocates to renew the study of legal principles in an academic atmosphere The students are encouraged to apply modern legal theory to the problems arising in military settings thus preparing them to be more effective legal advisors to high-level military commanders and to assume positions of substantive responsibility in the offices of The Judge Advocates General
All students take the core curriculum of the four disciplines presented at the ScJh)ol--criminal law civil law international law and procurement law Supplementing
An Afternoon with a General Officer NIG Prugh in an informal seminar with members of Advanced Class
21
the core curriculum are electives presented by the University of Virginia and by the School
Successful completion of the course requires submission of a thesis of graduate level quality which makes a substantial contribution to military legal scholarship A thesis evaluation committee composed of the thesis advisor guest member and School representative grade each paper hear the oral presentation of the thesis by the student and examine the student orally following his presentation Thesis topics and scope notes of members of the 21 st Advanced Class may be found in Appendix F Guest members of the thesis evaluation committees are listed in Appendix G
Additional features of the Advanced Course include the newly instituted program of afternoon discussions with general officer judge advocates and practicing field staff judge advocates and full participation in the Schools conference programs The Advanced Class students have the opportunity to see international law and diplomacy in action when they travel to New York City for a visit at the United Nations During the three-day tour the class receives detailed briefings from the United States United Nations and foreign diplomats and legal advisors The students are given a complete tour of the UN Headquarters A trip to Washington D C provides class members an opportunity to be admitted to practice before the Supreme Court of the United States visit congressional hearings observe proceedings of administrative agencies and receive an orientation at the US Army Judiciary where class members may be admitted to the bar of the US Army Court of Military Review
S PRESENTED BY 21ST ADVANCED CLASS
1972-73
Plltlquc Syilluoliilli2 the 21st Advanced Class Gift of
Trees for Courtyard of NcUJ JAG School Building
22
Shortly after locating at the University of Virginia the quality of The Judge Advocate Generals School Advanced Course Program was brought to the attention of the American Bar Association A detailed inspection of the School by ABA represen ta tives was concl ucted anel 0 n 22 February 1955 the School was accredited by the ABA and its Advanced Course deemed worthy of the Master of Laws degree This accreditation was reaffirmed after a three-day inspection of the JAG School in March 1971
The 21st Advanced Class began on
28 August 1972 with 43 students 111 LTC Loftus Class Leader attendance 35 US Army Judge Advocates 1 US Navy Judge Advocate 4 US Marine Corps Judge Advocates 1 officer from Pakistan 1 officer from the Philippines and I officer from Iran The class was graduated on 1 June 1973 A list of the graduates is contained in Appendix H and the academic awards are noted in Appendix I
Han Hadlai A Hull Assistant Secretary of the Army
(Financial Managernellt) Graduation Speaker for 21 st Adlanceci Class
23
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Coursc Structurc The FY 73 Advanced Course was conducted in two semesters as follows (bracketed numbers following course titles refer to number of semester credit hours granted for that course eg [4 J)
REQUIRED COURSES - FIRST SEMESTER
GOVERNMENT CONTRACT LAW I [3]
The course deals with general principles of government contract law the role of the judge advocate in the procurement process the appropriations process procurement methods contract types and modifications Attention is also given to cost principles and truth-in-negotiations as well as socio-economic policies
CRIMINAL LAW I [2]
This course focuses on the criminal process to include initiation of processjudicial responsibilities of the commander parties to the proceedings trial processes and the appellate process Problems in jurisdiction pretrial confinement trial publicity and professional responsibilities are also considered in roundtable discussions
MILITARY AND CIVILIAN PERSONNEL LAW [2]
A survey of military personnel law civilian personnel law and labor-management relations with emphasis on policy considerations and the lawyers role Special attention is given to legislation personnel affairs litigation conflicts of interest and release of information
INTERNATIONAL LAW I [2]
A basic outline of the rules of public international law as a system or tool used by nations to control guide clarify and proceduralize the relations between nations traditional and contemporary views of international law the state international and regional organizations associations and individuals as participants in the system how decision-making authority is allocated in the system on the basis of jurisdiction and municipal law and peaceful means of dispute resolution concentrating on types of international agreements
MILITARY ORGANIZATION AND OPERATIONS [2J
The organization of the Department of Defense and the Department of the Army to include the organizations missions functions and inter-relationships of DOD Army staffs and major commands and agencies the organization and command structure of an
25
overseas theater of operations to include the command relationships in joint and combined commands and the territorial organization of the theater of operations
REQUIRED COURSES -- SECOND SEMESTER
CRIMINAL LAW II [3]
The course covers constitutional criminal problems trends and developments under the Manual for Courts-Martial United States 1969 (Rev ed) and the Fourth Fifth Sixth and Eighth Amendments Consideration of the law of crimes drugs and affirmative defenses is followed by discussion of wiretapping custodial interrogation psychiatric evidence and search and seizure The course includes discussion of corrections and extraordinary relief
LEGAL PROBLEMS OF COMMAND [2]
A survey of the law of military reservations (jurisdiction and conflicts of law) regulatory law civil rights and management (manpower and fiscal) Special emphasis is given to race relations environmental law dissent command authority and control of military installations
GOVERNMENT CONTRACT LAW II [2]
This course is a continuation of Government Contract Law I It focuses on contract administration covering such areas as contract terminations inspection acceptance and warranties and disputes and remedies Attention is also directed to nonappropriated funds off-shore procurement and service contracts
MANAGEMENT FOR MILITARY LAWYERS [2]
Manpower management includes discussion of manpower vouchers staffing guides preparation of Schedule Xs modification of TDAs the relationship between spaces dollars and position delineation Fiscal management emphasizes the fiscal process of budget programming execution and review at the installation level Personnel management stresses the hehavioral science approach to management of people including job enrichment and motivation theories of organizational psychology The military lawyer analyzes his own management style with Blakes Managerial Grid and measures his ability to understand and motivate subordinates
INTERNATIONAL LAW II [2]
A study of the involvement and interrelation of nations through the concepts of
26
self-defense intervention human rights and various types of warfare A detailed examination of the laws of warfare concentrating on land warfare but including sea and air warfare the reporting handling and processing of violations of the law of war by national and international agencies and Geneva Convention training and the role of the military lawyer in implementing the rules of the Law of War
IiLc[rVE COURSES -- FIRST SEMESTER
FEDERAL CLAIMS AND LITIGATIGN (I credit)
A study of the procedure and basis for
the acijuciiciation payment and collection of claims by the United States with emphasis on the Federal Tort Claims Act Military Claims Act and claims in favor of the United States under the Federal Claims Collection Act and the Medical Care Recovery Act Actual claims problems and their resolutions stressing litigation and court decisions will highlight
the growing importance of claims administration 1I1 the field Future responsibilities of the judge ldvocate will be outlined in a treatment of the Federal litigative process with discussion of service of process pleading motions and discovery Squadron Leader Anwar Entertains
under the Federal Rules of Civil Procedure
INTERNATIONAL LAW OF HUMAN RIGHTS (I credit)
Working with international documents to include the OAS Charter the Genocide Convention European Human Rights Convention General Assembly Declarations and the 1949 Geneva Conventions as well as with various national constitutions the student will
examine those human rights generally respected by nations The role of the Judge Advocate Officer in implementing these rights within the military through education training preventive law or other programs wiII be discussed Thus the student will be better able to advise and assist commanders and their personnel both before and during hostilities Using individual problems each student will make an oral presentation and submit a short
paper on his problem area
27
MILITARY JUSTICE LEGISLATION SEMINAR (I credit)
This seminar addresses the following pending bills (1) requiring unanimous verdicts by courts-martial 0) Hatfields joint service concept (3) Bayhs court-martial commands (4) random selection of court members (5) pretrial procedure-investigation by magistrate and bail (6) increasing power of judge to sentence suspend and defer sentences (7) proposals to eliminate the post trial review or remove it from the convening authority (8) proposals to increase the jurisdiction of military appellate courts and to allow direct appeal from the Court of Military Appelt1ls to tha United States Supreme Court (9) the scope of Article 62(a) and (10) proposals to extend the military contempt article The objectives are to familiarize the class with the pending legislation and to stimulate creative thinking The seminar begins after the class has sufficient grounding in current military law to appreciate suggestions for change Each student writes a short paper which recommends new legislation criticizes current proposals or advocates adoption of a current proposal
CONTEMPORARY JUDGE ADVOCATE PROBLEMS 0 credits)
This seminar meets 12 sessions of two hours each for discussion of a variety of problems facing the military lawyer to include his relationship to the Army the educational program for military lawyers judge advocate responsibilities for resolving contemporary
Advanced Class Skit at [jAGSA Purty
28
pro bkll1s including flow of gold drug abuse racial confrontations pli bl ic and communi ty
rciltions professional responsibilities of clefense counsel control of courts-Illartial hy
military judges organization training and retention of reservists judge advocate office
organization war crimes problems civilian offenders and responsibility in scntencing of
offenders Each student will make a presentation and lead a group discussi)n A slnrt
paper is required
ILnCl1VE COURSES -shySECOND snMESTER
PI RSONAL LEGAL PROBLEMS OF
llL1TARy PERSONNEL II [II
This i~ a continuation of the first
semester seminar on legal assistance topics of
concern to judge advocates supervising
counseling services for military personnel and
thcir dependents The seminar will treat
common legal problems in the following
areas real estate transactions estate
planning investment counseling domestic
relations motor vehicle ownership and
military retirement programs and benefits
SJA OPERATIONS IN MILITARY JUSTICE [IJ
An examination and analysis of the organization problems and operation of the
Staff Judge Advocate office in the field of Military Justice The seminar will include
discussions of the organization of the Military J Llstice Division wi th i n 1 Staff Juclgc
Advocate office and relationship of the Staff Judge Advocate to the Deputy Stafr Judge
Advocate Chief of Military Justice Chief of Staff Commanding Genera inferior
courts-martial convening authorities the Provost Marshal and civilian law LnforCLment
personnel The seminar will also examine the processing of inferior cOllrh-Illartiil ll1d
Article 15 UCMJ proceedings pretrial and post trial processing of glneral courts-martial
the detailing of court members counsel and the military judge and the lundling or confinement problems
CONTEMPORARY MILITARY POLICY 12J
The purpose of this seminar is to promote understanding of thL Army till (lCLl]
and political environment in which it operates and selected military pulicy h)llc
confronting the nation and its armed forces
IMPLEMENTATION OF THE LAW OF WAR [I]
A review of 1972 and 1973 draft protocols and papers prepared by the International Committee of the Red Cross for implementation of the law of war in international and non-international conflict In context of US military force structures weapon systems and modern warflre a determination of an acceptable Army position on such proposed agreements Preparation of a position paper on a limited number of issues most pertinent
to the Army
GOVERNMENT CONTRACTS AS AN INSTRUMENT OF SOCIAL POLICY [I J
A study of the socio-economic policies in Government contracting their effectiveness and other alternatives to meet the social problems in the United States today Specific socio-economic policies covered will include small businesses labor standards labor surplus and labor surplus set-asides Buy National programs and equal opportunity programs
WEAPONS SYSTEMS ACQUISITION III
A study of the process of procurement of major weapons systems problems of such procurement and possible im provements to the process The proced ure will be traced
from the initial decision between competing systems to the selection of the source fm svstem development
30
Section 3
Judge Advocate Officer Basic Course
GellerLlI The life blood of the Judge Advocate Generals Corps is the grlduates of the twelve-week Basic Course which consists of Phase I four weeks presented at the U S Army Military Police School at Fort Gordon Georgia and Phase II presented in eight weeks at TJAGSA The Basic Course is a practical how-to-do-it course as contrasted with the graduate level Advanced Course Highlights of the course are instruction in the four major fields of military law and in practical exercises which will prepare the newly appointed judge advocate for his first duty assignment and particularly for military criminal trial practice
A moot court program is a continuing feature of the instruction given Basic Course students This program is designed to give new judge advocates practical experience in military trial practice and procedure Moot courts are simulated general courts-martial
Husband alld Wife Legal Teams in 65th Basic Class CPTs Peter alld Joyce Plaut and CFTs Joseph and Madge CCLlper
31
based on fact situations prepared by faculty members The positions of trial and defense counsel members of the court and witnesses are filled by members of the Basic Course Each student has at least one opportunity to act as trial or defense counsel The military judges part is played by members of the staff and faculty the Advanced Class or the
U S Army Judiciary who are certified military judges
Each class travels to Washington D c where they are admitted to practice before
the United States Court of Military Appeals
During FY 73 four Basic Courses-the 65th 66th 67th and 68th--were conducted at the School A total of 238 officers were graduated including IS officers of the United States Coast Guard and one allied officer each from Jordan and the United Kingdom A list of the graduates of the Basic Classes is contained in Appendix J and the academic awards arc noted in Appendix K
MG Harold E Parker The Assistant Judge Advocate General Gives Basic Class Graduation Speech
32
Course Structure The course curriculum and scope are as follows
CRIMINAL LAW [88 platform hours]
Introduction (2) Jurisdiction (2) Evidence (IK) Trial Technique (6) Documentary Evidence and AWOL (4) Affirmative Defenses (6) Review of Inferior Courts (2) Appellate Review and Extraordinary Relief (3) Procedure (26) Interview of Witnesses and Accused (3) Pretrial Advice and Post Trial Review (6) Article 15 (4) Review for Examination (2) Examination (4)
CIVIL LAW [74 platform hours]
Introduction (1) Military Personnel Law (9) Civilian Personnel Law (4) Labor-Management Relations (4) Boards of Officers (3) Law of Military Installations (12) Military Assistance to Civil Authorities (2) Claims and Litigation (12) Legal Assistance (12) Civil Rights (2) Drug Abuse (2) Dissent Seminar (2) Race Relations (4) Research Problems (6)
PROCUREMENT LAW 66th Basic Class Gift [21 platform hours] Being Presented to Commandant
Introduction and General Principles (3) Appropriations Process (2) Judge Advocate Responsibilities (2) Procurement Methods (4) Contract Types (1) Socio-Economic Policies (1) Nonappropriated Fund Procurement (I) Disputes and Remedies (2) Inspection Acceptance and Warranties (I) Examination (I)
INTERNATIONAL AND COMPARATIVE LAW [10 platform hours]
Recognition of problems involving international and foreign law with respect to claims and legal assistance and sources for solutions to such problems (I) Basic rules of criminal jurisdiction under status of forces agreements the Trial Observers Report (I) The fundamental laws and rules of the Law of War (2) Techniques of Military Instruction (2) Geneva Convention Training (2) Recurrent problems in using or instructing 011 the Law of War (2)
MILITARY OPERATIONS AND MANAGEMENT [4 platform hours]
Introduction to U S Defense structure and command and staff relationships within
33
this structure with emphasis on the relationships between the commanding officer of the installation Staff Judge Advocate and other installation command and staff elements
RACE RELATIONS SEMINAR [4 platform hours]
Students survey current race relations problems at the military installations based upon case studies in order to detennine the cause and effect of racial tensions Seminar participants discuss statutes regulations and current Army policy designed to prevent discriminatory practices and promote racial harmony in the military service
LEGAL RESEARCH PROBLEMS [8 platfol111 hours]
In this office practice exercise each student researches and prepares an opinion on selected legal problems commonly encountered at the militalY installation He then makes a classroom presentation of his work using an appropriate pedagogical technique with a view towards instructing his fellow students in the law
Basic Class Recep tion
34
Section 4
Resident Continuing Legal Education Courses
CIVIL LAW I (5F-F5)-Two phases (l week each)
Phase I--Law of Military Installations Law and current legal problems relating to military reservations nonappropriated funds military assistance to civilian authorities and installation management with special emphasis on control of installations and challenges to commanders authority by court processes
Phase II--Claims Claims regulations and procedures with emphasis on the Federal Tort Claims Act and claims in favor of the Government Panel discussions on injury evaluation and medical care recovery highlight the practical aspects of the course
CIVIL LAW II (5F-F2)--Two phases (1 week each)
Phase I--Personnel and Administrative Law A study of statutes regulations and court decisions concerning military personnel law boards of officers conflicts of interest military compensation line of duty determinations and release of information Attention will also be given to current administrative law problems with panels of experts
Phase II-Legal Assistance Study of current legal problems and court decisions which affect the military serviceman including consumer protection family law taxation immigration small claims property settlements and bankruptcy
INTERNATIONAL LAW (5F-F3)--2 weeks
International agreements jurisdiction State responsibility Status of Forces Agreements conduct of hostilities war crimes and internal armed conflict Geneva Conventions and the New Protocols Responsibility and Superior Orders
JUDGE ADVOCATE OVERSEAS OPERATIONS (5F-F14)--1 week
A review of civil and criminal codes of countries where large numbers of US personnel are stationed and the rules established for the conduct of US personnel through Status of Forces Agreements Emphasis is upon the role of the judge advocate in assisting US personnel in the conduct of their legal affairs in a foreign country in protecting
35
jJAl Rice
MAl Suarez
the interests of the Government in civil litigation and in protecting the interests of US personnel charged with crimes by a foreign country
JUDGE ADVOCATE RESERVE COMPONENT FIELD GRADE OFFICER REFRESHER (S-27-C8)-2 weeks
To further qualify the judge advocate in matters relating to the performance of legal duties involving international and comparative law and administration of military justice and to provide a more comprehensive knowledge of the fundamental principles of Government contract law and the role of the procurement legal advisor organization of the Army developments in tactics military correspondence command and staff procedures and National Guard and Army Reserve activities
LAW OF FEDERAL EMPLOYMENT (SF-FI0)-1 week
Civilian Personnel Law Hiring promotion and discharge of employees under the FPM and CPR role of the Civil Service Commission procedures for grievances appeals and adverse actions personal rights of employees
Labor-Management Relations Rights and duties of management and labor under Executive Order 11491 and DOD Directive 14261 negotiation of labor contracts impasse mediation administration of labor contracts and procedures for arbitration of grievances
LAW OF WAR amp CIVIL MILITARY OPERATIONS (SF-F4)-2 weeks
A review of the basic law of war with an up-date on the latest changes and developments in the area A detailed examination of international customs and treaty rules affecting the conduct of
CPT IlIlwinl~elried
36
us military forces in civilmilitary operations and in all levels of hostilities The Geneva Conventions and their application in civilmilitary operations and in various types of combat operations and missions to include problems of refugees labor psyops
legislation and public relations
LITIGATION AND ENVIRONMENT LAW (SF-FI3)--1 week
Review of Federal Rules of Civil Procedure Judge Advocate coordination with Department of Justice and procedural law relating to practice before administrative agencies Preparation of litigation reports and techniques of evaluating liability and amount of damages
MILITARY JUDGE (SF-F9)--3 weeks
To qualify military lawyers to perform duties as full-time military judges at courts-martial with emphasis on special courts-martial Conference panel and seminar forums are utilized to cover substantive military criminal law defenses to crimes instructions to the court rules and principles of evidence trial procedure and current military legal problems
MILITARY JUSTICE (SF-Fl)-Two phases (I week each)
Phase I--Administration of Military Justice An examination of the administration of military justice to include recent developments in criminal law and the functions and problems invoived in pretrial and post-trial procedme
Phase IJ-Trial Advocacy Intensive instruction in trial practice to include problems confronting trial and defense counsel
37
CPT AdatIs
CPT illlltall
CFJ lurJut
MAJ McGo lIA1i1
AlA) LlIlc
AJAr Gilligal
PROCUREMENT ATTORNEYS (5F-Fll)-2 weeks
Study of legal problems arising in the following areas general principles including the authority of the Government and its personnel to enter into contracts contract formation including appropriations formal advertising basic contract types and socio-economic policies contract performance including modifications~ disputes including remedies and appeals
PROCUREMENT ATTORNEYS ADVANCED (5F-FI2)-2 weeks
Study of legal problems arising in the following areas incentive contracting funding competitive negotiation socio-economic policies Government assistance state and iocal taxation modifications weapons system acquisition truth in negotations terminations labor relations problems contract claims and litigation
SENIOR OFFICER LEGAL ORIENTATION COURSE-3 days
Civil law to include installation management labor management relations military personnel law llonappropriated funds investigations legal assistance claims and litigation criminal law to include search and seizure confessions the responsibilities of the convening authority before and after trial and the options available to commanders in varibus military justice situations
STAFF JUDGE ADVOCATE ORIENTATION COURSE (5F-FI 5)--1 week
A survey of new developments in the areas of military justice civil law procurement and international and comparative law
38
Section 5
Nonresident Instruction
The Office of Nonresident Instruction was added to the Academic Department to coordinate and administer the various forms of nonresident instruction offered by the School The office is headed by the Deputy Director for Nonresident Instruction
The office is divided according to the instructional methods employed The immediate office of the Deputy Director is responsible for supplying instructional materials for use by instructors at other institutions Materials are supplied annually to USAR Schools for instructing 7000 Officer Advanced Course and 2000 Officer Basic Course students of other than J AGC branches and 85 JAGC Advanced Course students ROTC cadets receive instruction on their college campuses utilizing NRI materials The Deputy Director also maintains liaison with the US Military Academies other Army service schools and schools of other Armed Forces Active Army unit training support is also a function of the office
The Correspondence Course Office is responsible for supplying students with self-instructional materials Approximately 2500 students are carried on the rolls annually including officer and enlisted personnel of the Active Army and Reserve Components andmiddot personnel from allied nations About 20000 correspondence course students of other Army service schools take subcourses supplied by NRI
39
MAj james A Endicott Jr Dep Dir for Nonresident Instruction
CPT joseph W Hely Jr and Mr Robert 11 Alerritt
The following courses are currently offered by correspondence
Judge Advocate Basic Indoctrination Course
Judge Advocate Advanced Course
Special Courses Specialization Courses for Senior J AGC Officers Military Law for Commanders and Staff Officers Course Legal Warrant Officers Course MOS 713A J AGC Senior NCO Course GCM Legal Clerks Course MOS 71D50 SPCM Legal Clerks Course MOS 71 D20
All Advanced Course students enrolled on 1 September 1973 will be required to complete a writing requirement administered by the Deputy Director Thesis advisors will be assigned to each student to assist in topic selection and organization of the 15-20 page 3000 word minimum papers
CJYr (P) Terry Devliu IS Promoted (Finally)
40
Section 6
Paraprofessional Courses
The Legal j)artl[JToessional The implementation of the Military Justice Act of 1968 and the Pilot Legal Assistance Program have placed extraordinary demands on the time of the Army lawyer A partial answer to these demands is the development of military legal paraprofessionals During the second week of February the Civil Law Division conducted the first Legal Paraprofessional Course in legal assistance The course attended by 21 secretaries and enlisted men from Army and Coast Guard judge advocate offices is the first step in the fonmll development of legal para professionalism in the Army The Criminal Law Division also graduated its first group of paraprofessional students in February 1973 The paraprofessional courses are designed to instruct legal lay assistants in the duties and administration of the military justice division of installation judge advocate offices It is planned that future instruction in these resident courses will include
PARAPROFESSIONAL COURSE--CIVIL LAW-I week
Legal research and instruction in legal assistance to include interview techniques recognition of non-legal problems preliminary drafting of routine legal documents and other substantive legal matters
PARAPROFESSIONAL COURSE--CRIMINAL LAW-I week
An overview of the entire military justice system disposition of charges interview of witnesses preparation of vouchers subpoenas depositions and similar documents administrative review of Article 15 punishments and other substantive legal matters
WARRANT OFFICER AND SENIOR LEGAL CLERK COURSE (7 A-713A 7lD50)--1 week
Review and discussion of the legal administrative technicians and senior legal clerks roles as office managers of a judge advocate office or activity with particular emphasis on effective management of personnel equipment work flow and fiscal resources
LAW OFFICE MANAGEMENT-l week
A new course for warrant officers and senior legal clerks in March 1974
41
Cl1middot)2 Clorlcs L West jJ(r(leyal Fraililly Officer
BG Lawrence H Willimrls Assistallt jucZle Advocate General for Military Law
Prescnts Diplolla to DistillYllished Gradllate of NCOES COllrse
42
NONCOMMISSIONED OFFICER EDUCATION SYSTEM On 15 June 1973 the School graduated its first NCOES Course The initial input of 12 students MOS 71D and 71 E were tracked with MOS 71 L (Administrative Specialist) students during the first nine weeks of schooling conducted at Fort Benjamin Harrison The final two weeks of advanced MOS training 71 D and 71 E were conducted here at Charlottesville
CPT WorkmanCPT Wagller
lVIA] White CPT Robie
43
1972 JAG Conference BG Persons 13G Montgomery US4R Mr Kendall Barnes GC AMC BG UpjJ USAR BG Babbitt foreground
Receptioll HOllorillg Conference Banqzl(t Speawr Mr jllstice 10111 CZellh MG Prugh Mr justice Clark Mrs Douglass COL Douglass CfYr Griffin
44
CHAITER III
CONFERENCES VISITORS AND SEMINARS
Section 1
JAG Conference
During the week of 1-5 October 1972 the School again hosted the world-wide JAG Conference an annual event which brings together senior judge advocates from all major Army Commands throughout the world as well as representatives from the sister services for the discussion of current problems and developments in military law Speakers and panelists provided updates and briefings on all aspects or criminal civil procurement and international and comparative law
A unique feature of the 1972 Conference was the attendance by personal invitation of The Judge Advocate General US Army of a number of JAGC warrant officers and
Mr JOllil l lJlIstCriU lr I Fred J)llhardt
45
senior legal clerks Headlining the Conference list of speakers was Mr Justice Tom C Clark who was the banquet speaker Other distinguished speakers included Department of Defense General Counsel 1 Fred Buzhardt Attorney General Robert B Morgan of North Carolina Deputy Assistant Secretary of Defense John A Busterud and Harvard Pro fessor Richard Baxter
Social events highlighting the evenings of Conference Week included the annual Conference Banquet the Icebreaker and a new addition this year an informal Hawaiian RampR party
Hawaiian RampR Hlrty
46
Mr Robert B Morgan
Section 2
The Judge Advocate Generals Reserve Conference
The School hosted the fourth annLlal Judge Advocate Generals Reserve Conference from 30 November to 2 December 1972 The conference focused on Special Interest Groups and Conferee Workshops Special Interest Groups included JAGSO Detachment Commanders ARCOM SJAs Training Division SJAs and Troop and Civil Affairs SJAs Workshops were conducted and reports made to the conference on the subjects of Civilian Personnel and Employee Unions Race Relations Environmental Law Search and Seizure and Drug Abuse
Among speakers and guests were Dr Theodore C Marrs Deputy Assistant Secretary for Reserve Affairs Department of Defense MG J Milnar Roberts Chief Army Reserve MG George S Prugh The Judge Advocate General MG Harold E Parker The Assistant
BG Upp BG Montgomery Dr Marrs COL Douglass and RADM Staring at Judge Advocate Generals Reserve Conference
47
LTC Fontullelle and COL Selleider
Jldge Advocate General BG Robert D Upp USAR Assistant Judge Advocate General Special Assignments (MOBDES) BG Edmund W Montgomery II Chief Judicial Officer (MOBDES) and Colonel William B Carne Chief Litigation Division OTJAG
Social events included an Icebreaker cock tail party at the Officers Open Mess and the Conference Banquet at The Holiday Inn Afton Mountain
COL Fulton and COL Garber
48
Section 3
National Guard Judge Advocate Generals Conference
The Second Judge Advocate Generals National Guard Conference was hosted by the School in Marcil As with the first conference emphasis was placed upon military law as it applied to the National Guard Conferees workshops were similar to those held during the Reserve Conference
Among the invited speakers and guests were LTG Harris W Hollis Chief Office of Reserve Components MG George S Prugh The Judge Advocate General MG Francis S Greenlief Chief National Guard Bureau MG Harold E Parker The Assistant Judge Advocate General and Mr Robert B Morgan Attorney General North Carolina
Social events included an Icebreaker cocktail party at the Officers Open Mess and the Conference Banquet at AftJn Mountain HolidJY Inn
AIG Chelley 11ze J[(z(e Advocate Gelleral of the Air Jorce
alld Air Force National Guard Participants at Conference
49
LTG and Mrs Hollis
COL James B Deerin
MG William ] McCaddiil T1w Adjutant General Va ARNG
50
Section 4
Speakers and Visitors
The professional atmosphere of the School is enhanced by an active guest speaker program through which distinguished experts are invited to address the various classes and the entire School community There are two formal lectureships established in conjunction with the two academic chairs at the School This year the Second Kenneth J Hodson Lecture in Criminal Law was given by Professor Yale Kamisar of the University of Michigan School of Law As mentioned previously the First Edward H Young Lecture
on Military Legal Education was given by Professor Delmar Karlen
Many officers governmental officials practicing attorneys and educators visit the
School to observe portions of its programs A list of the guest speakers and distinguished persons visiting in 1973 is contained in Appendix L
Mr Doll Droge Natiollal S(cllritv CollIcit Staff
51
MG Kenneth J Hodson Chief
USA Legal Services Agency
Prof Helmut Rumpf Office of the Legal Advisor
Foreign Office Federal Republic of Germany
Hon Robert M Duncan Judge US Court of Military Appeals
52
Mr Jack Stempler General Counsel us Air Force
Frederick Hernavs Iliiclicr COL -AGC (ltetj
l1JG Lloyd B Ramsey The Provost Marshal General
53
MG George S Prugh The Judge Advocate General of the Army
Prof Yale Kmnisar
JudRe Tim Murphy D C Superior Court
54
Section 5
Race Relations Seminar
From 17-19 January 1973 The Judge Advocate Generals School was host to a race relations seminar The seminar brought together judge advocates from CONUS and overseas commanders provost marshals and others experienced in race relations and military justice The primary purpose of the seminar was to aid judge advocates in advising their commanders and staffs concerning race relations and racial incidents and the handling of such
The two-day agenda included small--group discussions of such matters as the following
(a) Racial problems confronting judge advocates law enforcement and command authorities in the field
(b) Indicators and warnings of racial disharmony which may cause or contribute to offenses
(c) Guidelines for effective solutions to racial problems of the command
Cd) The role of the staff judge advocate in race relations 111 the command
This seminar was but a small part of the race relations program developed by the School during the past year Race relations instruction was an important feature of the
55
elYT Grahanl
elYl Criflill Race Relatiolls Illstructors
Race Relations Seminar
Basic and Advanced Classes Elements of this instruction included the basic causes of racial unrest in the military personal and institutional racism applicable civil legislation and military justice problems The Advanced Class curriculum also included a 12-hour race relations elective which dealt with both specific problem areas and served as a speaking platform for individuals involved in the race relations field In addition race relations instruction and workshops were held during the Annual Judge Advocate Generals Conference Reserve Conference National Guard Conference and many of the other short courses offered throughout thc year Additional instruction and seminars have been planned for the coming academic year in an attempt to meet the challenge of this extremely important and sensitive area
56
CHAPTER IV
DEVELOPMENT DOCTRINE AND LITERATURE
Created 1 March 1973 the Development Doctrine and Literature Department (DDL) is responsible for combat developments doctrinal and legal literature military operations and management and professional liaison and development In its role as combat developer for the Corps DDL must ensure that JACC will have the necessary resources to perform its mission in the Army in the future DDL has taken steps to end the court reporting equipment problem that exists today DDL members formerly with CDCJ AA which had initiated the justification for new court reporting equipment guided the project to AMC Procurement of the needed equipment is projected for the near future
In addition to ensUling proper materiel allocation DDL also ensures effective personnel allocation in planning for the Army of the future In the course of investigating personnel developments DDL prepared a recorm1ended Table of Organization and Equipment (TOE) for a separate defender program and prepared a staff study recommending the use of paralegal assistants LTC John L Costello Jr
Director Development Doctrineby military lawyers and Literature Department
Most recent of its developmental accomplishments is the experimentation in the area of Automated Legal Research Provided by the US Army Judiciary with volumes of courts-martial statistics DDL programmed the statistics into an automated data bank Such an automated system enabled DDL to rapidly and accurately make recommendations for more effective allocation of personnel while studying the feasibility of a separate defender program
DDL is charged with review of doctrinal literature for legal sufficiency and has provided input to force concepts and designs in the Armys combat development process Also of a doctrinal nature is the responsibility for instruction in military operations and
57
management The Military Operations and Management Division of DDL is responsible for all instruction in military arts and sciences the defense structure command and staff procedures and Army management
In keeping with its mission of professional development DDL provides an office for liaison with professional associations both legal and military In establishing liaison with professional associations such as ABA FBA AUSA etc that office has also monitored Law Day USA observances throughout the Army and coordinated after-action reports Enthusiasm for Law Day 1973 observances was enhanced by JAGCs receipt of a ABA Award of Merit for its 1972 observance
DDL is also responsible for publication of the Military Law Review The Army
Lawyer and the Judge Advocate Legal Service discussed in Chapter V
CPT John D Home Professional Liaison Office
58
MAJ James R Wessel Chief Military Operations
Management and Plans Division
-- - CPT Daniel Worlltin1
011 Computerized Study
CHAPTER V
PUBLICA TIONS
The Military Law Review a law quarterly identical in format to the leading civilian legal journals is distributed to all judge advocates in the Active Army and the Ready Reserve In addition the Superintendent of Documents Government Printing Office sells copies and subscriptions to all interested civilian agencies and individuals
The Law Review contains lead articles comments and notes of interest to military law practitioners Theses written by students of the Judge Advocate Advanced Course are a primary source of articles Comments notes and articles from judge advocates in all three armed services foreign military and civilian lawyers members of the staff and faculty law school professors reserve judge advocates and civilian attorneys are also published During Fiscal Year 1973 Volumes 57-60 were printed Instituted during this fiscal year was a series of comnents on historic courts-martial to be continued in future volumes of the Law Review
The Catalog of Advanced Class Theses was revised by the Publications Division and distributed during FY 72 A supplement to the Catalog was compiled and distributed during FY 73
The Judge Advocate Legal Service (JALS) is responsible for rapid dissemination of the latest military law and items of interest to judge advocates around the world J ALS is printed bi-weekly in Charlottesville Virginia and distributed in over 7600 copies to all three armed services J ALS digests all cases decided by the United States Court of Military Appeals most published Court of Military Review decisions Federal Court decisions affecting the armed services and actions by The Judge Advocate General under Article 69 Uniform Code of Military Justice
59
The Army Lawyer a how-to-do-it type journal provides practical and timely
information to judge advocates in the field This monthly periodical incorporates claims personneL and legal assistance information previously found in other publications
The Manual for Courts-iVlartial Annotation Third Edition (1973) a significant research tool on military law was prepared in an updated version during Fiscal Year
1973 as DA Pamphlet 27-13 The Annotation contains case citations a citation of appropriate regulations and a cross-index to the Military Judges Guide To facilitate
research the Annotation is designed to be interleafed on a chapter-by-chapter basis with the Manual
In addition the following texts were submitted during FY 73 to the Office of The
Judge Advocate General for pUblication as Department of the Army pamphlets
Administrative Law Handbook Eyjdence Jurisdiction Legal Guide for the Soldier Trial Proced ure
Printed as special texts to support
resident instruction in some cases pending availability as DA Pamphlets were the following
Civil Law Basic Oass Deskbook Criminal Law Basic Class Deskbook Effective Research Aids (Civil Law) Evidence Law of AWOL Military Administrative Law Senior Officer Legal Orientation Texts Trial Procedure
During the course of FY 73 many articles authored by members of the staff and facul ty and were pu blished A list of those articles is contained in Appendix M
60
CPT Stephell L Buescher Clz ief Doctrine and Literature Division
CPT ] Alullill Editor Military Law Review
CHAPTER VI
RESERVE AFFAIRS
General The reorganization of the Army with the shifting emphasis on the Reserve program resulted in the establishment of the Office of the Assistant Commandant for Reserve Affairs arid Special Projects The overall mission of this office is to develop and implement a program to improve the readiness capability of the Army Reserve Component Judge Advocate Generals Corps personnel This mission has been broken down more specifically to provide for the career management of all JAGC reserve officers which includes providing liaison with the United States Army Reserve Component Personnel and Administration Center to develop and administer a program of technical training and to maintain liaison with the individual Reserve or National Guard components the Army Readiness Region Commanders and the CONUS Armies To accomplish these functions the Office has been subdivided into the Career Management Division and the Reserve Training Division
Career Management Division As a result of greater emphasis being placed on the Reserve program added consideration has LTC Keith A Wagner been given to the career management of all Assistant Commandant reserve component JAGC officers More for Reserve liffairs resources have been allocated toward advising individual reserve JAGC officers upon matters affecting their careers such as appointments transfer federal recognition of National Guard component officers and educational qualification for promotions This advice has become more important to the JAGC reserve officers because the competition for appointment assignment and promotion has become keener in the recent year
Career counseling is carried out primarily through correspondence but during the past two years with the JAGSO team training being conducted at TJAGSA personal interviews have been conducted by members of the divisions Such interviews are more desirable because in the course of this counseling the Reservists are alerted to important aspects of their career pattern Personal interviews are also conducted when officers of
61
LTC James N McCune Chief JACC Reserve Cornponents
Career hlanagement
the department make staff liaison visits to JAGSO detachments throughout the year Reserve units visited during FY 73 are listed in Appendix N
In the next academic year the channels of communication will be vastly improved by the on-site training to be given by the faculty from the School As part of these training visits the faculty member will bring back any inquiries from individuals regarding career problems to the Office of Reserve Affairs
As a further service to reserve component officers a Judge Advocate Reserve Components Directory is published annually This directory contains the names addresses type of assignment and the nature of civilian employment for more than 1800 Reserve component JAG officers
Reserve Component Training Divisioll The reorganization of the Army has resulted 111 the development of the Reserve Component Technical Training otherwise referred to as on-site training The program includes a six-hour block of instruction by faculty members from each of the four academic divisions of TJAGSA During the first academic year two hundred and twenty-five visits will be made under the program The purpose of the visits will be to bring all reserve component JAGC officers up to date on the most recent changes in military law and to inform the officers of the organizational changes in the JAG Corps
In addition the overall training program includes nonresident training on-the-job training of J AGSO Detachments at active Army installations throughout the country the Reserve Components General Staff Course and the cyclical resident training for specific J AGSO teams The on-the~job training is proving very successful During the past training year more than fifty percent of all J AGSO Detachments were participating in hands on training at active Army installations In addition all J AGSO teams except the 33 General Court-Martial tcams were assigned a training site appropriate for their mission for ADT 1973 ie Procurement teams to procurement centers Claims teams to Army Oaims Service etc
With regard to resident training during the summer of 1973 a trall1Jl1g program for General Court-Martial teams totaling over 210 men was conducted at TJ AGSA This training was supported by the 1050th USAR School West Hartford Connecticut and
62
included an update on court-martial procedures substantive law and a series of moot courts Greater emphasis was placed on training the court reporters and to that end new more sophisticated equipment was provided
Forecast for the coming academic year is the Reserve Component Technical Training (on site) and the Reserve Senior Officers Legal Orientation Course The SOLO course is designed for officers who are not members of the JAG Corps but who by virtue of their duties as commanders require a knowledge of military law In addition the US Army Reserve Judge Advocate Conference is scheduled for November 1973 and the National Guard Judge Advocate Conference is scheduled for March 1974 The purpose of these two conferences is to bring the senior
CPT Eldon D Robertsreserve component Judge Advocates to Chief Training OfficeTJAGSA to discuss common problems and
bring them up to date on the latest developments in military law and new innovations in the reserve program
Chief Judge Darden of the U S Court of Military Appeals and JAGSO Detachment Members at COMA Admission Ceremony
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CHAPTER VII
PROFESSIONAL ORGANIZA TrONS AND DEVELOPMENT
American Bar AssociLztion Pursuant to TJ AGSA policy the School maintained active participation in the American Bar Association during FY 1973 Five representatives from TJAGSA attended the ABA Annual Meeting in San Francisco during August of 1972 one of whom along with MG Prugh represented the Corps in receiving an ABA Award of Merit for outstanding observance of Law Day 1972 In additon four members of TJAGSA traveled to Cleveland in February of 1973 for the ABA Mid-Year Meeting
As an indication of the active participation by the personnel of the School many held positions of responsibility in the organization The Commandant served in an advisory capacity to the Standing Committee on Legal Assistance to Servicemen one member represented the Armed Forces (District 15) on the Young Lawyers Section (YLS) Executive Council as well as serving as Co-Chairman of the YLS Military Service Lawyer Committee one member served as Co-Chairman of the YLS Coordinating Committee and one member served as Vice-Chairman of the YLS Corporation Law Committee
President-Elect Chesterfield Smith of the American Bar Association presents Law Day Award to MG Prugh and CJYT Robie
65
Federal Bar Association The Federal Bar Association (FBA) which is composed of lawyers who are or have been in the employ of the United States Government in a legal capacity is represented here by the Charlottesville Chapter Not only did TJAGSA provide the chapters business office but also personnel of the School served in positions of both President and Vice-President during FY 73 In April of 1973 the Charlottesville Chapter of FBA hosted the TJAGSA Board of Visitors at a coffee
National Association for Law placernent An organization composed of law school placement offices as well as employers the National Association for Law Placement (NALP) seeks to increase communication between buyers and sellers in the legal job market Founded two years ago NALPs membership consists of some 95 law schools of which TJAGSA is one and 30 employers During FY 73 the School was represented at all meetings and conventions by the Post Judge Advocate who also served the organization as its Secretary
Associatioil of American Law Schools The AALS was chartered in 1900 and has a present membership of 115 schools throughout the United States The Judge Advocate Generals School does not meet the requirements for membership but is associated with the organization For a number of years the Commandant and Director of Academics as representatives of TJAGSA have attended the annual meetings held each year between Christmas and New Years
The faculty of The Judge Advocate Generals School is included in the directory of law teachers prepared by the AALS Faculty members are on the sections of the Association and work actively in the section on teaching methods and the section on studies beyond the first degree in law
Of particular interest to TJAGSA are the studies done by the AALS on Administrative Law Constitutional Law Criminal Law Professional Responsibility Trial Advocacy Continuing Legal Education Paraprofessional Legal Education Teaching Law outside of Law Schools and Teaching Methods
Associatioll of the Ul1ited States Army The Thomas Jefferson Chapter AUSA continued its active role in the Charlottesville community The 1973 Dogwood Festival Week was the occasion of several AUSA activities Two recently released POWs were honored at a cocktail party in the TJAGSA OOM at the conclusion of the annual Dogwood Parade On the following day AUSA hosted a record number of guests at its traditional Dogwood Luncheon The gathering was addressed by Congressman J Kenneth Robinson CR-Va) and honored guests included Miss Dogwood Festival Miss Virginia Miss New York and the US Army Golden Knights Parachute Team The Golden Knights accepted a memorial presentation from the Thomas Jefferson Chapter in remembrance of those
66
Air Force POlY MAl Normall Wells receives award fronl A USA Chapter President Walter L Srnith (l) and Virginia Congressnail Robinson (I)
members who had met their deaths earlier in the year as a result of a plane crash and performed a skydiving demonstration that evening at a local park Business offices for the Thomas Jefferson Chapter AUSA were maintained this year by TJAGSA
Professional Liaison and Development As a result of the Schools reorganization in March of 1973 an Office for Professional Liaison and Development was established in the newly formed Department of Development Doctrine and Literature This office has been charged with maintaining liaison with professional associations as well as monitoring Law Day Activities for J AGe
lACC Recruiting During the year several members of the staff and faculty visited various law schools throughout the
AUSA President Smith (r) presents Monticello picture to (l to r) Congressman Robinson ilIiss Dogwood 1972 and Commander of the Colden Knights
67
country in an effort to recruit senior law students for the JAG Corps In addition the School receives numerous inquiries concerning admission into the Corps Packets containing information on admission requirements are provided upon request TJAGSA personnel are called upon to counsel and advise individuals from the Charlottesville area and the University of Virginia who are seeking admission to the Corps
Alumni Association The Alumni Association continued to grow during the fiscal year with approximately 2500 members on 30 June 1973 an increase of approximately 500 new members during the year The Association provides academic awards for Basic and Advanced Gasses maintains contact with the allied officers who have attended the School and gives a plaque and a cash award to the winner of the Annual Professional Writing Award During Fiscal Year 1973 three issues of the Alumni Newsletter were published which included news of events and conferences at the School a calendar of courses offered at the School and personal information on members of the Association The activities of the Association were financed by annual dues of one dollar for each member and contributions from interested members The Annual Report is distributed by the Alumni Association to all of its members each year
Coordination and financing of Association activities as well as editing and writing of the Alumni Newsletter and the Annual Report are responsibilities of the Assistant School Secretary
Lectures Reflecting the Schools role in educating officers of the other branches of the Army and the other services members of the faculty traveled widely giving lectures to diverse groups upon various aspects of military law A good example of how the knowledge of the faculty may be applied to the training of non-legal personnel was the course of instruction in procurement methods given to criminal investigators specializing in appropriated and nonappropriated procurement frauds
During the course of the year the School continued to build a close professional relationship with the Army War College Frequent visits there by the faculty of TJAGSA resulted in the incorporation of a considerable amount of current legal material into that course
A list of lectures given outside TJAGSA by facuIty members is contained in Appendix O
68
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New Building l-Indcr ConstructiOIl
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CHAPTER VIII
BUILDINGS AND SUPPORT ACTIVITIES
Section I
Buildings
Construction of the new Judge Advocate Generals School building began on 15 January 1973 and was scheduled for completion within 24 months The new building will be located in the same area as the new Law School and the Graduate School of Business Administration of the University of Virginia The basement level of the new building provides space fpr the administrative and logistics offices storage and library The library is designed with 32 individual study carrels and will accommodate 50000 volumes The ground level (or first floor) houses the academic department (approximately 60 offices) three classrooms to accommodate 50 100 and 200 students respectively four conference rooms which will accommodate 20 persons each eight smaller conference rooms for 12 persons each completely equipped moot courtrooms an auditorium with 125 seat capacity audio-visual room and student lounge On the second level are the offices of the commandant and other directorates of the School in addition to a two-bedroom VIP suite The third and fourth levels each have 32 individual BOQs with bath Also there are four two-room suites with bath and four two-room suites with bath and kitchen facilities on each floor The fifth floor is the officers open mess and dining facility which has a seating capacity of 120 people In addition the club will have patios on two of its sides
Due to a spring snow storm a sym bolic groundbreaking ceremony for the new building was held indoors on 12 April at the Groundbreaking Universitys George Baskerville Zehmer Hall COL Douglass MG Prugh
President Sharman
71
After opening remarks by the Commandant Colonel John Jay Douglass Major General George S Prugh The Judge Advocate General of the Army joined with University of Virginia President Edgar F Shannon and Colonel Douglass in turning a symbolic shovel of earth which formally commenced the construction project
Among those attending the ceremonies were Army Colonel (Ret) Kenneth C Crawford Commandant of the School during the years when the plans for the new building were formulated and Professor John
President Shannon Speaks at Ritchie III a mem ber of the Schools Groundbreaking Ceremony original Board of Visitors Colonel Crawford
is now Director of Education and Training for the Federal Judicial Center Professor Ritchie formerly Dean of Washington (St Louis) Wisconsin and Northwestern Law Schools is presently on the faculty at the University of Virginias Law School Also in attendance were members of the current Board of Visitors
Attendees representing the various Armed Services included Major General Kenneth 1 Hodson former The Judge Advocate General of the Army now Chief US Army Legal Services Agency Rear Admiral Ricardo Allen Ratti Chief Counsel United States Coast Guard Colonel Charles J Keever Acting Director of the Judge Advocate Division United States Marine Corps and Colonel (Ret) Ralph D Pinto former TJAGSA Deputy Commandant
Others in attendance included William P Dickson J f a Norfolk attorney and formermiddot member of the Board of Governors of the American Bar Association representing Robert W Meserve President of the ABA C Norman Poirier immediate Past President of the Federal Bar Association Francis H Fife Mayor of the City of Charlottesville Gordon L Wheeler Albemarle County Board Chairman and Walter L Smith President of the Thomas Jefferson Chapter of the Association of the United States Army
The present Judge Advocate Generals School building a red brick building of Georgian architecture was dedicated on 26 September 1956 It contains offices and 19 furnished BOQ rooms In addition the building houses the School Library a conference room supply room and bookstore An Officers Open Mess and snack bar with outdoor patio is located on the fourth floor of the building Classrooms for the School are located in the University of Virginia Law School
72
Section 2
Support Activities
a Library alld Military Legal Center
The School generally furnishes each student with the basic textbooks and other classroom materials which he will need during a course However when additional references and research facilities are req uired students are encouraged to utilize the School Library the Law Library of the University of Virginia and Alderman Library the general library of the University
The Judge Advocate Generals School Library contains approximately 20000 volumes and is oriented toward military law There is a complete set of all Army regulations most federal legal materials and
a complete military justice library During LTC Edward C Seufert FY 1973 many historic military legal items School Secretary
and current books on military law were added to the Schools Military Legal Center one of the most extensive collections on military law past and present in existence Also during the year the Library staff completed a major portion of the complete cataloging of the Schools collection in order to provide a ready reference system for researchers
The Law Library Il1 Clark Hall contains over 200000 volumes and it is readily accessible to our students It has an extensive collection of published reports of the American federal and state courts the reports of the courts of the United Kingdom
lvlrs R Vivian Hebert treaties digests encyclopedias indices andLibrarian citator services It also contains the statutes
73
Leased Housing Units
BOQ Room
74
of the United States of the several states and of Great Britain The Library receives every current legal periodical of general interest printed in the English language
Alderman Library has about 2000000 volumes and a particularly fine collection of official Government publications It has been designated by the United States Government as a depository for public documents
h Billeting and Mess Facilities Bachelor officers quarters are available in The Judge Advocate Generals School BUilding Assignments of rooms may be obtained through the Billeting Officer Linens towels and maid service are provided All rooms are carpeted and air-conditioned and many have refrigerators and television sets
The School has a number of family housing units under government lease to be utilized as government quarters in lieu of BAQ Priority for the utilization of these units is first given to enlisted personnel and then to officers attending the Advanced Class The School Secretary and the University Housing Division maintain lists of available apartments and houses in the Charlottesville area
The top floor of The Judge Advocate Generals School building is used by the Officers Open Mess The Winthrop Room is furnished with large comfortable chairs and sofas a color television set piano and other accessories
Officers Open Mess
75
A snack bar located on the fourth floor and operated by the Officers Open Mess personnel now serves breakfast and lunch to its members During the evening hours refreshments and snacks are available
During the year the Mess sponsors a full program of activities and social events for the benefit of its members including dances buffets picnics class receptions social hours and other activities
c Boolzstore The Bookstore now located on the first floor of The Judge Advocate Generals School is easily accessible to all patrons Various personal items uniform accessories stationery supplies cigarettes and tobacco souvenir items and books are available
d Commissary Facilities During part of FY 73 the School was able to arrange for a truck to bring commissary products from Richmond to Charlottesville Although this service has been discontinued procedures are SSG John Huffman
being taken to have the operation reinstated Bookstore Manager
Commissary Operations in Charlottesville
76
e Logistics The Logistics Office provides assistance and advice in arranging for shipment andor storage of household goods for military personnel assigned to the School and members of the Advanced and Basic Classes In addition the Division provides budget and contracting services for all money expended by the School
f Personnel and Finance The Adjutants Office is responsible for the processing of all incoming and outgoing personnel the maintenance of individual records and the operation of the School mail room The office also acts as liaison with the Civilian Personnel Division at the US Army Foreign Science and Technology Center in Charlottesville which is responsible for the Schools civilian employees
Although the School has no finance CPT William K Thompson officer the Adjutants Office is available to Chief Logistics provide necessary assistance and advice in matters relating to pay and allowances Close contact is maintained with the servlcmg Finance and Accounts Offices in Washington and at Fort Lee
g Health Care Facilities The Judge Advocate Generals School lS sateIlitccl on Kenner Army Hospital at Fort Lee Virginia for medical and dental care Locally a contract surgeon provides outpatient services for military personnel Because of the distance from a US Army hospital dependents of personnel stationed at The Judge Advocate Generals School are entitled to the benefits provided under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS)
Dental care and eye examinations for military personnel assigned to the School are available from any local dentist and eye doctor on an individual contract basis CIYT Richard J Lynch however there are no provisions for such care Adjutant
for dependents
77
h Athletic Facilities Assigned and attached military personnel and all students are permitted to use all athletic facilities of the University of Virginia Both the School and the Intramural Department of the University have a limited amount of athletic eq uipment for the use of students and the staff and faculty
i Public Information Office During Fiscal Year 1973 the Plans Division succeeded by the Services Division conducted a comprehensive public information program with increased emphasis on obtaining the broadest possible coverage of all events occurring at The Judge Advocate Generals School
J Post J~idge Advocate During Fiscal Year 1973 following the reorganization of the School the Post Judge Advocate provided legal assistance to armed forces personnel and dependents in the Charlottesville area Liaison has been established with the local Red Cross and Legal Aid Society to assist the department in their respective fields of expertise The caseload averages over 50 clients per month and consists of the type of problems customarily encountered in legal assistance offices in the field
The Post Judge Advocate is also responsible for processing claims anS1J1g from incidents in the Charlottesville area and transit damage for all local military personnel The School has authority to settle and pay claims up to $1000 Fifty-five claims were processed in Fiscal Year 1973
CPT Robie and Miss Brown
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APPENDIX A
ORGANIZATIONAL ROSTER THE JUDGE ADVOCATE GENERALS SCHOOL
(As of 30 June 1973)
COMMANDANT COL John Jay Douglass
OFFICE OF THE SCHOOL SECRETARY
School Secretary LTC Edward C Seufert Post Judge Advocate and CPT William R Robie
Asst School Secretary Adjutant CPT Richard Lynch Chief Logistics CPT William K Thompson Budget Officer Mr Joseph S White Supply Sergeant SFC Eddie H Green Chief Services Division CPT Arthur R Shepherd Protocol Officer 2LT Richard D Lyles Manager Officers Open Mess SSG Joe Mauldin Librarian Mrs R Vivian Hebert
ACADEMIC DEPARTMENT
Director COL William S Fulton Jr Operations Officer MAJ John W Begiebing Project Officer CPT William S Hopson IV Assistant to Director CPT Thomas E Workman Paralegal Training Officer CW2 Charles L West Educational Advisor Mr John A Sanderson Deputy Director for MAJ James A Endicott Jr
Nonresident Instruction Extension Course Officer CPT Joseph W Hely Jr
Procurement Law Division
Chief MAJ Richard E Mowry Senior Instructor MAJ Terrence E Devlin Instructors CPT Richard C Bruning
CPT Thomas R Wagner
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International amp Comparative Law Division
Chief MAJ James R Coker Senior Instructor MAJ James J McGowan Jr Instructors MAJ Charles A White
CPT David E Graham
Criminal Law Division
Chief LTC Hugh R Overholt Senior Instructor MAJ Paul H Ray Instructors MAJ Nancy A Hunter
MAJ Philip M Suarez MAJ Francis A Gilligan CPT William H Parks USMC CPT Jan Horbaly CPT Edward J Imwinkelried
Civil Law Division
Chief LTC David A Fontanella Senior Instructor MAJ Paul J Rice Instructors MAT Jack F Lane Jr
CPT George W Clarke CPT Bernard R Adams CPT Ronald C Griffin CPT Donald N Zillman
RESERVE AFFAIRS AND SPECIAL PROJECTS
Assistant Commandant for LTC Keith A Wagner Reserve Affairs
JAGC Reserve Components LTC James N McCune Career Management
Training Office
Chief CPT Eldon D Roberts
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DEVELOPMENT DOCTRINE amp LITERATURE DEPARTMENT
Director Development Officer Professional Liaison Officer
Military Operations Management amp Plans
Chief InstructorProject Officer
Doctrine amp Literature
Chief Editor Military Law Review
LTC John L Costello Jr CPT Royal Daniel III CPT John D Horne
MAJ James R Wessel MAJ William J Dwyer
CPT Stephen L Buescher CPT Miles J Mullin
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APPENDIX B
BACKGROUND INFORMATION ON OFFICER PERSONNEL
1 Active Duty Personnel (As of 30 June 1973)
COLONEL JOHN JAY DOUGLASS JAGC Commandant AB 1943 University of Nebraska JD 1952 University of Michigan MA 1964 George Washington University LLM 1973 University of Virginia Member of the Bars of Nebraska Michigan Republic of Korea and the US Court of Military Appeals
COLONEL WILLIAM S FULTON JR JAGC Director Academic Department JD 1950 University of New Mexico Member of the Bars of New Mexico US Court of Oaims US Court of Military Appeals and the US Supreme Court
LIEUTENANT COLONEL JOHN L COSTELLO JR JAGC Director Development Doctrine and Literature Department AB 1952 Dickinson College JD 1955 Qickinson School of Law MS 1964 Fletcher School of Law and Diplomacy Member of the Bars of Pennsylvania Republic of Korea and US Court of Military Appeals
LIEUTENANT COLONEL DAVID A FONTANELLA JAGC Chief Civil Law Division BS 1957 University of Connecticut JD 1964 UniversityofMichiganMEd 1973 University of Virginia Member of the Bars of Connecticut the US Court of Military Appeals and the US Supreme Court
LIEUTENANT COLONEL JAMES N McCUNE JAGC Chief Reserve Training BBA 1953 University of Toledo JD 1959 Georgetown University Law School LLM 1963 Georgetown University Law School Member of the Bars of Virginia the US Court of Oaims the US Court of Military Appeals and the US Supreme Court
LIEUTENANT COLONEL HUGH R OVERHOLT JAGC Chief Criminal Law Division BA 1955 JD 1957 University of Arkansas Member of the Bars of Arkansas US Court of Military Appeals and the US Supreme Court
LIEUTENANT COLONEL EDWARD C SEUFERT FA School Secretary BS 1955 University of Maine
LIEUTENANT COLONEL KEITH A WAGNER JAGC Assistant Commandant for Reserve Affairs BA 1954 JD 1964 Duquesne University Member of the Bars of Pennsylvania the District of Columbia US Court of Military Appeals and the US Supreme Court
83
MAJOR JOHN W BEGIEBING Armor Deputy Director Academic Department BS 1957 Norwich University MA 1968 Stanford University
MAJOR JAMES R COKER JAGC Chief International and Comparative Law Division BA 1960 University of Notre Dame LLB 1961 University of Notre Dame MA 1970 Fletcher School of Law and Diplomacy Member of the Bars of Indiana the US Court of Military Appeals and the Federal District Court of Maryland
MAJOR TERRENCE E DEVLIN JAGC Senior Instructor Procurement Law Division BPh 1962 University of North Dakota JD 1965 University of North Dakota School of Law Member of the Bars of North Dakota US Court of Military Appeals US Court of Garms and the US Supreme Court
MAJOR WILLIAM 1 DWYER JR Armor InstructorProject Officer Military Operations Management and Plans BS 1960 The Citadel
MAJOR JAMES A ENDICOTT JR JAGC Deputy Director for Nonresident Instruction Academic Department BS 1960 The Citadel JD 1968 George Washington University Member of the Bars of Virginia the US Court of Military Appeals and the US Supreme Court
MAJOR FRANCIS A GILLIGAN JAGC Instructor Criminal Law Division BA 1961 Alfred University 1D 1964 State University of New York at Buffalo LLM 1970 The George Washington University Member of the Bars of New York the US Court of Military Appeals and the US Supreme Court and admitted to practice before the Court of Appeals State of New York
MAJOR NANCY A HUNTER JAGC Instructor Criminal Law Division AB 1959 University of Colorado JD 1967 Georgetown Law Center Member of the Bars of Virginia the US Court of Military Appeals and the US Supreme Court
MAJOR JACK F LANE JR JAGC Instructor Civil Law Division BA 1963 University of the South LLB 1966 University of Virginia Law School Member of the Bars of Virginia the US Court of Military Appeals and the US Supreme Court
MAJOR JAMES J McGOWAN JAGC Assistant Chief International and Comparative Law Division BS 1959 Spring Hill College LLB 1962 New York Law School LLM 1970 Georgetown University Law School Member of the Bars of New York the US Court of Military Appeals and the US Supreme Court
MAJOR RICHARD E MOWRY JAGC Chief Procurement Law Division AB 1957 College of Emporia LLB 1960 Washburn University Member of the Bars of
84
Kansas the US Court of Claims the US Court of Military Appeals and the US Supreme Court
MAJOR PAUL H RAY JAGC Senior Instructor Criminal Law Division BS 1955 Connecticut State College LLB 1963 Duke University Law School Member of the Bars of North Carolina the US Court of Military Appeals and the US Supreme Court
MAJOR PAUL J RICE JAGC Senior Instructor Civil Law Division AB 1960 JD 1962 University of Missouri LLM 1970 Northwestern University Member of the Bars of Missouri Illinois the US District Court for the Northern District of lllinois USCourt of Military Appeals and the US Supreme Court
MAJOR PHILIP M SUAREZ JAGC Instructor Criminal Law Division AB 1960 Boston College LLB 1963 Harvard Law School LLM 1970 University of Michigan Member of the Bar of Massachusetts
MAJOR JAMES R WESSEL Armor Chief Military Operations Management and Plans BS 1958 United States Military Academy
CAPTAIN BERNARD R ADAMS JAGC Instructor Civil Law Division AB 1966 Brown University LLB 1969 Yale Law School Member of the Bars of New York and the US Court of Military Appeals
CAPTAIN RICHARD C BRUNING JAGC Instructor Procurement Law Division BBA 1965 University of Iowa JD 1968 University of Iowa Member of the Bars of Iowa the US Court of Military Appeals the US Court of Claims and the US Supreme Court
CAPTAIN STEPHEN L BUESCHER JAGC Senior Legal Editor BA 1966middot Allegheny College JD 1969 Case Western Reserve University Member of the Bars of Ohio and the US Court of Military Appeals
CAPTAIN ROYAL DANIEL III JAGC Combat Development Officer BA 1967 Yale University LLB 1970 LLM 1972 University of Virginia Member of the Bars of Virginia and the US Court of Miiitary Appeals
CAPTAIN DAVID E GRAHAM JAGC Instructor International and Comparative Law Division BA 1966 Texas AampM University MA 1968 The George Washington University JD 1971 University of Texas School of Law Member of the Bars of Texas and the US Court of Military Appeals
85
CAPTAIN RONALD C GRIFFIN JAGC Instructor Civil Law Division BS 1965 Hampton Institute JD 1968 Howard University Law School Member of the Bars of the District of Columbia and the US Court of Military Appeals
CAPTAIN JOSEPH W HELY JR JAGC Extension Course Officer BA 1969 Texas AampM JD 1972 St Louis University Member of the Bars of Missouri and the US Court of Military Appeals
CAPTAIN WILLIAM S HOPSON IV JAGC Project Officer Academic Department BA 1966 LLB 1969 the University of Virginia Member of the Bars of the State of Virginia and the US Court of Military Appeals
CAPTAIN JAN HORBALY JAGC Instructor Criminal Law Division BA 1968 1D 1969 Case Western Reserve Member of the Bars of Ohio and the US Court of Military Appeals
CAPTAIN JOHN D HORNE JAGC Professional Liaison Officer BS 196810 1971 University of Tennessee Member of the Bars of Tennessee and the US Court of Military Appeals
CAPTAIN EDWARD J IMWINKELRIED JAGC Instructor Criminal Law Division BA 196710 1969 University of San Francisco Member of the Bars of California and the US Court of Military Appeals
CAPTAIN RICHARD 1 LYNCH AGC Adjutant BS 1967 The Citadel MBA 1972 Florida State University
CAPTAIN MILES 1 MULLIN JAGC Editor Military Law Review Doctrine and Literature Division BA 1967 Texas Christian University JD 1970 St Marys Member of the Bars of Texas and the US Court of Military Appeals
CAPTAIN WILLIAM H PARKS USMC Instructor Criminal Law Division BA 1963 JD 1966 Baylor University Member of the Bars of Texas Washington and the US Supreme Court
CAPTAIN ELDON ROBERTS JAGC Career Management Officer Reserve Affairs BA 1960 JD 1961 University of North Dakota Member of the Bars of North Dakota and the US Court of Military Appeals
CAPTAIN WILLIAM R ROBIE J AGC Assistant School Secretary and Post Judge Advocate BA 1966 1D 1969 Northwestern University Member of the Bars of Illinois the US Court of Military Appeals and the US District Court for the Northern District of Illinois
86
CAPTAIN ARTHUR R SHEPHERD AGC Services Division Coordinator BS 1966 United States Military Academy
CAPTAIN WILLIAM K THOMPSON QMC Chief Logistics BA 1965 Marquette University JD 1968 University of Wisconsin Law School Member of the Bar of Wisconsin
CAPTAIN THOMAS R WAGNER JAGC Instructor Procurement Law Division BS 1967 Bucknell University JD 1970 Temple University Member of the Bars of Pennsylvania and the US Court of Military Appeals
CAPTAIN THOMAS E WORKMAN JAGC Assistant to Director Academic Department BS 1966 Ohio State University JD 1969 Ohio State University College of Law Member of the Bars of Ohio and the US Court of Military Appeals
CAPTAIN DONALD N ZILLMAN Instructor Civil Law Division BS 1966 JD 1969 University of Wisconsin LLM 1973 the University of Virginia Member of the Bars of California Wisconsin and the US Court of Military Appeals
CW2 CHARLES L WEST Paralegal Training Officer Academic Department
87
2 Mobilization Designees
COLONEL DEMETRI M SPIRO JAGC USAR Deputy Commandant AB University of Chicago 1941 JD DePaul University 1948 Private practice of law Chicago Illinois
COLONEL BENJAMIN H SCHLEIDER JAGC USAR Assistant Director Academic Department BS Agricultural and Mechanical College of Texas 1943 JD University of Houston 1950 Private practice of law Houston Texas
LIEUTENANT COLONEL MORRIS B PETERSON JAGC USAR Assistant Chief Civil Law Division BS University of Oklahoma 1949 LLB University of Oklahoma 1952 LLM New York University 1959 Dean of School of Law University of Tulsa School of Law
LIEUTENANT COLONEL DANIEL J MEADOR JAGC USAR Instructor Civil Law Division AB Auburn University 1949 LLB University of Alabama 1951 LLM Harvard University 1954 Professor University of Virginia School of Law
MAJOR JAMES L BLAWIE JAGC USAR Instructor Civil Law Division BA University of Connecticut 1950 AM Boston University 1951 JD University of Chicago Law School 1955 PhD Boston University 195-9 Professor of Law University of Santa Oara School of Law
MAJOR GEORGE KALINSKI JAGC USAR Instructor Civil Law Division AB Wayne State University 1957 JD Wayne State University 1959 LLM Harvard University 1964 Private practice of law Marina Del Rey California
MAJOR FRANCIS J LARKIN JAGC USAR Instructor Civil Law Division BS Holy Cross College 1954 LLB Georgetown University Law Center 1957 LLM Georgetown University Law Center 1958 Professor Boston College Law School
CAPTAIN WALTER T COX JAGC USAR Instructor Civil Law Division BS Oemson University 1964 JD University of South Carolina 1967 Private practice of law Anderson South Carolina
CAPTAIN ROBERT P DAVIDOW JAGC USAR Instructor Civil Law Division AB Dartmouth College 1959 JD University of Michigan 1962 LLM Harvard University 1969 Professor Texas Tech University School of Law
LIEUTENANT COLONEL AARON S CONDON JAGC USAR Assistant Chief Criminal Law Division BA University of Alabama 1950 LLB University of Mississippi 1952 Associate Professor of Law University of Mississippi
LIEUTENANT COLONEL FRANK W ELLIOTT JAGC USAR Instructor Criminal
88
Law Division BA University of Texas 1951 LLB University of Texas 1957 Professor University of Texas at Austin
LIEUTENANT COLONEL EDWARD L MAGILL JAGC USAR Instructor Criminal Law Division BBA University of Miami 1952 JD University of Miami 1957 Private practice of law Miami Florida
LIEUTENANT COLONEL BENJAMIN M WALL JAGC USAR Instructor Criminal Law Division AA and AB Nebraska and Duke Universities 1951 LLB Harvard Law School 1953 Private practice of law Omaha Nebraska
MAJOR CHAPIN D CLARK JAGC USAR Instructor Criminal Law Division AB Kansas University 1952 LLB Kansas University 1954 LLM Columbia University 1959 Professor of Law University of Oregon
MAJOR THEODORE F FAY JR JAGC USAR Instructor Criminal Law Division BA State University of Iowa 1959 JD State University of Iowa 1962 Private practice of law Hugoton Kansas
CAPTAIN THOMAS C MARKS JR JAGC USAR Instructor Criminal Law Division BS Florida State University 1960 LLB Stetson University 1963 PhD University of Florida 1971 Professor Stetson Law School St Petersburg Florida
LIEUTENANT COLONEL PAUL D SUMMERS JR JAGC USAR Instructor International and Comparative Law Division BS U S Military Academy 1951 LLB University of Virginia School of Law 1957 Trust Officer Citizens Bank amp Trust Company Charlottesville Virginia
MAJOR PASCO M BOWMAN JAGC USAR Instructor International and Comparative Law Division BA Bridgewater College 1955 LLB New York University 1958 Dean Wake Forest University School of Law
MAJOR PAUL M GREEN JAGC USAR Instructor International and Comparative Law Division BBA University of Texas 1957 LLB and JD University of Texas 1957 Private practice of law San Antonio Texas
MAJOR FREDERICK GOLDSTEIN JAGC USAR Instructor International and Comparative Law Division BA Yale University LLB University of Virginia 1958 Private practice of law Boston Massachusetts
CAPTAIN JORDAN J PAUST JAGC USAR Instructor International and Comparative Law Division AB University of California 1965 J S University of California 1968 LLM University of Virginia 1972 J SD Candidate Yale Law School New Haven Connecticut
89
CAPTAIN EDWARD F SHERMAN JAGC USAR Instructor International and Comparative Law Division AB Georgetown University 1959 MA (History) University of Texas 1967 MA (English) University of Texas 1967 LLB Harvard 1972 Assistant Professor Indiana University School of Law Bloomington Indiana
LIEUTENANT COLONEL DONALD H HEDGES JAGC USAR Instructor Procurement Law Division BA University of Washington 1950 LLB University of Washington 1954 Attorney U S Department of Commerce Seattle Washington
MAJOR DONALD T WECKSTEIN JAGC USAR Assistant Chief Procurement Law Division BBA University of Wisconsin 1954 LLB University of Texas 1958LLM Yale Law School 1959 Professor San Diego School of Law San Diego California
MAJOR STRATTON R HEATH JAGC USAR Instructor Procurement Law Division BBA University of Wisconsin 1959 JD University of Wisconsin 1961 Attorney Office of Regional Counsel HITCO Denver Colorado
MAJOR JOHN S MILLER III JAGC USAR Instructor Procurement Law Division BA Hamilton College 1959 LLB University of Virginia 1962 LLM National Law Center George Washington University 1970 Attorney Office of General Counsel GSA Washington DC
MAJOR ROBERT L McCLOSKEY JAGC USAR Assistant Chief Special Training Division ~LB Georgetown University Law Center 1954 LLM Georgetown University Law Center 1955 Attorney Appalachian Regional Commission Washington DC
LIEUTENANT COLONEL EDWARD J ATKINS JAGC USAR Assistant Director Developments Doctrine and Literature Department LLB University of Miami 1963 Private practice of law Miami Florida
CAPTAIN DAVID C CUMMINS JAGC USAR Legal Writer Developments Doctrine and Literature Department BS University of Idaho 1957 LLB University of Washington 1960 Professor Texas Tech University Lubbock Texas
CAPTAIN STEPHEN DAVIS JAGC USAR Legal Writer Developments Doctrine and Literature Department BA Dickinson College 1960 LLB Columbia University 1963 Assistant District Attorney Kings County New York
CAPTAIN WINSTON M HAYTHE JAGC USAR Project Officer Office of the School Secretary BS Southwest Missouri State College 1963 JD College of William and Mary 1967 Private practice of law Washington DC
CAPTAIN CHARLES P ROSE JR JAGC USAR Project Officer Office of the School Secretary AB College of William and Mary 1964 JD Western Reserve University 1967 Assistant Professor Wake Forest University School of Law Winston-Salem North Carolina
90
APPENDIX C
ALLIED STUDENTS - FY 1973
LTC Leon O Ridao Philippines 21 st Advanced Class
MAJ Feraidoon Haji-Aboutaleb Tehrani Iran 21 st Advanced Class
Squadron Leader S M Anwar Pakistan Air Force 21 st Advanced Class
MAJ D H D Selwood United Kingdom 66th Basic Course
CPT Husni Salem AI Omari Jordan 66th Basic Course
91
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APPENDIX F
THESIS TOPICS AND SCOPE NOTES 21 st ADVANCED CLASS
CAPTAIN EILEEN M ALBERTSON USMC The Reversion of Okinawa Its Effect on the International Law of Sovereignty Over Territory
This thesis will analyze the principle that sovereignty over territory once recognized is perpetual and absolute until it is contractually agreed otherwise To do this Okinawa will be used as the factual model and four generally recognized principles of international law will provide the legal basis for discussion After setting the factual and legal stage a determination will be made as to Okinawa IS legal status in the international community the significance of that status the effect of the reversion of Okinawa as evidence of the acceptance of the proposed principle as well as its significance as a basis of major precedent in establishing the principle as international law Finally the relevance of the principle and its applicability and enforceability in a present day situation namely the Middle East crisis will be evaluated
SQUADRON LEADER SHEIKH MUHAMMAD ANWAR Pakistan Administration of Justice in the Pakistan Air Force
A brief review of the development of Pakistan is presented as a background for an explanation of the legal system of the Pakistan Air Force Major aspects of criminal legal system are discussed and include the jurisdictional extent of Air Force law over persons for investigation of charges and summary punishments organization structure and procedures of courts-martial and appellate and constitutional rights of service members Based on a comparative analysis of Pakistan and US military laws recommendations for improvements in limited areas of both systems are presented and discussed
CAPTAIN H JERE ARMSTRONG The Right of Confrontation=Then and Now
This article presents a study of the historical development of the Sixth Amendment Right of Confrontation in Federal and Military courts an analysis of seven tests suggested by the courts for determining when there has been a confrontation within the meaning of the Constitution and a consideration of the term actual unavailability as it relates to the admissibility of extrajudicial declarations in trials by court-martial
MAJOR JAMES A BADAMI Servicemens Unions Constitutional Desirable Practical
This paper examines the historical development of labor-management relations in
97
the private and the public sectors in seeking understanding of the basis for proposed servicemen IS unions It discusses the applicability and limitations of First Amendment rights to members of the military illustrated in court cases and administrative regulations A theoretical justification for such unions is based on successful examples from foreign countries aspects of unionism already present in the American military system and the demonstrated need for unions as an effective grievance procedure The conclusion offers guidelines and boundaries for the operation of servicemen IS unions within the military
LIEUTENANT COMMANDER ROBERT C BERKLEY USN Tax Planning and the Middle-Income Military Investor
This thesis presents an examination of present federal laws relating to tax planning for the middle-income military investor The analysis includes suggestions for tax minimizatiori for the military investor in securities and real estate as well as tax advice designed to assist the military investor in his ultimate goal of family security
MAJOR RICHARD S BUCK IV What Privileges Does the King Still Have in the Market Place
The defense of sovereign acts permits the Government to perform general and public acts as opposed to contractual acts and not be financially responsible to its contractors for the consequences of such acts This paper describes the past history of this doctrine and how it is applied today in such areas as minimum wage laws diplomatic affairs military operations excusable delay internal government operations etc Some changes in this doctrine could be made by changes in standard Government contract provisions
CAPTAIN BERNARD ROLLINS CARPENTER Enlistment--A Contract Status or Marriage
An historical approach to determine the legal nature of the enlistment relationship reveals potential issues which may be a basis for substantial litigation The enlistment relationship as an alleged legal contract and potential legal premises resulting therefrom are questioned in light of statutory enactments and court decision Suggested alternatives to the relationship by courts and writers are reviewed and analyzed for legal efficacy A seemingly settled area may become quite controversial as a volunteer Army is realized The purpose of this thesis is to point out potential areas of dispute define the relationship and suggest possible alternatives
CAPTAIN GEORGE W CLARKE Political Activity of Servicemen The Military Hatch Act and the First Amendment
Political activity by members of the armed forces is severely limited by military
98
regulations This regulatory scheme raises fundamental questions regarding the extent to which the First Amendment applies to servicemen the authority for promulgation of the regulations and the underlying reasons asserted to justify the restrictions This thesis attempts to answer those questions
CAPTAIN JAMES P COLEMAN Waiver by Guilty plea
This thesis examines the doctrines of waiver by guilty plea in military law and formulates a tentative rule by which current and future waiver issues may be analyzed In addition possible future developments in this evolving area of litigation are examined with reference to their probable effect upon the current state of the law
MAJOR DAVID B CRAIG Control and Discipline in the United States Army Reserve
This thesis will present an analysis of the procedures available to the US Army Reserve Unit Commander for the control and discipline of his troops to include a determination of unsatisfactory participation involuntary call to active duty administrative reduction and elimination Additionally this thesis will silhouette the present system against the desires and concepts of the modern volunteer Army to produce specific suggestions and recommendations for the future
CAPTAIN JERALD D CROW USMC Emoluments of Military Service as Community Property
The effects of community property law upon military emoluments are little known nor considered by servicemen Military attorneys counseling servicemen contemplating divorce in community property states are usually unfamiliar with community property implications and have no readily available source of information The author has drawn together the bulk of cases from all community property jurisdictions construing military emoluments An analysis is made of major cases problem areas discussed and conclusions presented as to the commun~ty character of each emolument considered Recommendations are made for dealing with possible problem areas
MAJOR LEONARD H DANCHECK Forgotten My Lais US Intervention Occupation and Pacification in Haiti (1915-1920)
This artic1~ is a case study of the causes and background of the 1915 United States intervention in Haiti the subsequent United States occupation of the country the suppression in 1919-1920 of the insurrection that developed in opposition to American control the alleged atrocities committed during the suppression the reaction to the alleged atrocities by the nations press and the investigations of the alleged atrocities by the Navy Marine Corps and the United States Senate
99
CAPTAIN HOWARD C EGGERS The Specificity Required in Military Search Warrants
This thesis discusses the need for a definite description of the place to be searched and the things to be seized in military search warrants It is an attempt to define specificity standards for the use of military magistrates in drafting warrants An analysis of current civilian standards as revealed in federal case law and present military practices in the search area establishes certain guidelines to be followed
CAPTAIN RUSSELL J FONTENOT Development of the Staff Legal Officers Responsibility Under the Law of War
A study of the origins and development of the criminal responsibility of the individual staff legal officer under the law of war consideration is given to both the effects of international law and the municipalized law of war a detailed analysis is made of the substantive international standards announced at Nuennberg and how these standards were applied not only to the lawyer but also to the commander and his other staff officers
CAPTAIN ROBERT M FRAZEE Flag Desecration Symbolic Speech and the Military
To analyze federal law selected state laws and Army regulations concerning flag desecration as it pertains to freedom of speech Emphasis will be placed upon the public and private interests what is meant by desecration of the flag what is a flag within the meaning of these statutes and what are the particular military interests and responsibilities in the enforcement of flag desecration statutes
MAJOR WENDELL R GIDEON Federal Medical Care Recovery Act Methods and Sources of Recovery and the Impact of No-Fault Insurance
This thesis examines the methods and sources of recovery under the Federal Medical Care Recovery Act and recommends ways of increasing their effectiveness In addition an analysis is made as to the impact that no-fault insurance will have upon the recovery program and to recommend ways of solving the problems which no-fault legislation appears to have created to include enactment of National No-Fault Law and amending the Federal Medical Care Recovery Act itself
CAPTAIN DEWEY CABELL GILLEY JR Using Counsel to Make Military Pretrial Procedure More Effective
An examination of what the role of counsel in pretrial procedure in the military should be Specifically when the right of counsel attaches currently and under constitutional standards what the role of counsel is in pretrial procedure in the military and in civilian jurisdictions and what the role of counsel would be in pretrial procedure
100
as changed by Army pilot programs and by proposed amendments to the Uniform Code of Military Justice The thesis recommends utilizing the safeguards of civilian jurisdictions in pretrial procedure in the military in a way which will preserve command responsibility for morale and discipline
CAPTAIN CHARLES H GIUNTINI Motivating the Military Lawyer
The current retention outlook concerning Judge Advocate General officers and the projections regarding the retention problems of the future require critical analysis of all aspects of the management of those serving on active duty in the corps This thesis discusses the concept of job safisfaction in an attempt to provide the Judge Advocate Manager meaningful suggestions concerning the motivation of the military lawyer
CAPTAIN JOHN C GOLDEN III Doctrine of Immunity Regarding Military Personnel and Federal Employees for Official Acts
An examination of personal liability and the doctrine of immunity pertaining to military personnel and other federal employees for tortious conduct arising from official acts with proposals for providing adequate remedies
CAPTAIN ARTHUR G HAESSIG The Soldiers Right to Procedural Due Process The Right to be Heard
An analysis of the enlisted soldiers right to be heard as an element of procedural due process in certain adverse personnel actions In particular an analysis of present Army regulatory procedures and the due process right to be heard in the revocation of security clearances enlisted separation for unfitness and unsuitability enlisted reduction for civil conviction and for inefficiency bars to reenlistment reclassification of the enlisted soldiers Military Occupational Specialty (MOS) and to the extent that the soldiers career is adversely affected by the preceding actions the Armys Qualitative Management Program The analysis examines thes~ procedures in light of current law and proposes a general regulatory change to insure the soldiers right to be meaningfully heard
MAJOR WILLIAM J HEMMER Violation of the Military Superior--Subordinate Relationship is a Crime Isn It
In the midst of vast hue and cry for the civilization of military justice exists a strident count~rvailing assertion that the Armys discipline is goinghas gone to hell in a handbasket because military justice is too civilianized The author undertakes an interdisciplinary examination of a microcosm the application of criminal sanctions to fraternizations by an officer with an enlisted man From this examination conclusions are drawn as to the dilemma of the larger unity
101
CAPTAIN FRANKLIN D HOLDER USMC A Historical Development of Mutiny
A study of the federal and military acts of mutiny with particular emphasis on the historical development of the substantive law and the jurisdictional aspects
MAJOR WAYNE R ISKRA The Right to Privacy in the Military Service
Trace the historical role of the commander to conduct inspects and briefly compare it with the role of the commander in authorizing searches based on probable cause Compare the military case law on the right of the commander to inspect barracks on post housing place of duty and conduct inventories with the recent civilian case law involving inspections by governmental agencies on private homes and businesses Evaluate the VOLAR concept which appears to place emphasis on making military life more attractive to the soldier ie individual rooms in barracks with the need to solve pressing military problems ie drug abuse Attempt to reach some conclusions as to whether the right of the commander to conduct inspections can andor should b~ broadened I intend to utilize military and civilian law review articles legal and nonlegal publications and civilian and military court decisions with special emphasis on US v Biswell 40LW4489 (1972) and US v Grace 42 CMR 11 (1970)
MAJOR THOMAS A KNAPP Problems of Consent in Medical Treatment and Human Experimentation
After a general review of the history and origin of informed consent the thesis concentrates on the nature of consent with emphasis on the consent form inquiry into the emergency doctrine an analysis of the qualified right of an adult to refuse medical care and an examination of informed consent in human experimentation with comment on the Tuskegee Study The author concludes that a revision of consent forms should insure that the individual has given informed consent that the Army Regulation dealing with the refusal of medical care should be revised to comport with civilian standards and a disinterested third party assist in obtaining informed consent in the area of human experience
CAPTAIN WILLIAM J LEHMAN Suffer the Little Children Child Maltreatment in the Military
This paper examines child maltreatment in an historical context and traces the evolution of civilian laws designed to protect maltreated children The existence of child maltreatment in military families is documented and an analysis made of the existing methods for dealing with the problem within the military The problems peculiar to administration of a child welfare system by the military including jurisdiction and available resources are examined in depth Recommendations are advanced for improving the
102
handling of child maltreatment in the military environment
LIEUTENANT COLONEL MARTIN R LOFTUS What is a Custodial Interrogation in
Military Legal Practice
The objective of this thesis is to determine what is a custodial interrogation in military legal practice Analysis includes a determination of when an interrogation becomes custodial examining five possible texts of focus subjective belief of the person being questioned objective belief of the person being questioned subjective intent of arresting officer and whether the person being questioned is objectively or subjectively a suspect In addition an analysis is also made of what is an interrogation examining the areas of spontaneous statements verbal acts searches handwriting and voice identification
MAJOR HALDANE ROBERT MAYER Constitutionality of Commander Authorized Searches and Seizures
This is a study of the evolution of the constitutional mandate that searches be authorized by neutral and detached magistrates and not by officials engaged in the police activities of government The core of the study is an investigation of search authorization practices in military law specifically the Army and a judgment as to their compliance with the Supreme Courts Fourth Amendment requirement of impartiality on the part of the officer who authorizes searches Recommendations for change in the military process conclude the study
CAPT AIN KENNETH M MITCHELL Is Article 117 Unconstitutional Due to Vagueness and Contrary to the First Amendment
This thesis presents a review and analysis Qf past military decisions involving the offense of Article 17 provoking words and gestures with particular emphasis on the question whether Article 17 is unconstitutional due to vagueness and contrary to the protection afforded by the First Amendment
MAJOR CHARLES A MURRAY The Power of the Post Commander to Proscribe Speech and Expression
A study of the power of the post commander to proscribe speech and expression on post with particular emphasis on those powers explicitly set forth by statutes those powers implicit by statutes and regulations and the recent case law with a view towards ascertaining the current legal status of those powers
103
CAPTAIN WILLIAM J NORTON II United States Obligations Under Status of Forces Agreements A New Method of Extradition
This article examines the rights and obligations acquired and undertaken by the United States Government and its Armed Forces under the numerous Status of Forces Agreements concluded by the United States since 1951 to determine whether the United States has any international duty stemming from those agreements to return to foreign states or in effect to extradite individuals who allegedly commit crimes in the foreign state but happen to depart that state before its full criminal processes have been exhausted
CAPTAIN MAURICE J OBRIEN Scanwell-Light at the End of the Tunnel
This article analyzes an unsuccessful bidders entitlement to judicial review of a procurement award It also examines the judicial remedies available to an unsuccessful bidder and the rules and procedures for their application It evaluates the effects and the effectiveness of the judicial relief provided and it concludes with a suggestion for a more appropriate review procedure
CAPTAIN WILLIAM H PARKS USMC Command Responsibility
A comparative analysis of war crimes trials involving command responsibility in order to determine the standards required of a military commander in combat with regard to prevention investigation reporting and prosecution of war crimes Included in this examination will be a view of the criminal responsibility of the com bat commander possible offenses and the question of degree of intent required
CAPTAIN FRANK J PYLE JR Light at the End of the Tunnel-Prison Exile or Amnesty
Beginning with the backdrop of dissent and the end of United States participation in Vietnam the history of amnesty is examined The emphasis is on United States history and the sources of authority for granting amnesty in the United States To focus on todays situation the possible amnesty claimants are examined as well as the forms in which an amnesty might be granted Considerations and arguments for and against granting amnesty are given Possible implementation is examined with a prediction as to the possibility of a post-Vietnam amnesty
CAPTAIN ROYCE C RICH Liability Under the Federal Tort Claims Act During Permanent Change of Station Travel
The purpose of this thesis is to examine the divergent holdings of the various United States Circuit Court of Appeals on the issue of scope of employment under the Federal
104
Tort Claims Act in the case of nilitary personnel during permanent change of station travel An analysis will be made of the factors considered by the courts in their opinions and a comparison will be made with the legislative intent of Congress when it passed the Federal Tort Claims Act Finally appropriate corrective action will be outlined which will help preserve the intent of Congress when it passed this Act
LIEUTENANT COLONEL LEON O RIDAO Republic of the Philippines The Philippine Claims to Internal Waters and Territorial Sea An Appraisal
Who shall control the seas and for what purposes These Professor Schewebel states are the great issues involved in the contemporary worldwide struggle over the content of the law of the sea Nations of the world have been confronted with these issues ever since the great voyages of discoveries and the growth of navies of the States Recent advances in technology have heightened the conflict In view of such technological strides more and more States have found greater need for the exercise of sovereignty or jurisdiction over larger portions of the sea adjacent to their coasts than ever before Asserted interests are diverse and important The result is the rise of so many competing national claims that it may well be said that the present international law of the sea like the sea itself is in perpetual movement it is in a state of upheaval
The Republic of the Philippines consider as part of its national territory all the waters lying within the international treaty limits of the Philippines
It is the purpose of this study to determine the validity under international law of these Philippine claims to its internal waters and territorial sea
CAPTAIN JEROME W SCANLON JR The Scope of a Search Incident to a Lawful Arrest
This thesis presents an analysis of the law of the scope of a search incident to a lawful arrest as developed by the United States Supreme Court and other courts The author develops the rationale used to formulate the rules in the three types of areas which are the subject of such a search-the premises where the arrest took place the vehicle driven or occupied by the accused at the time of arrest and the search of the arrestees person This thesis also outlines the considerations which must be taken into account by the arresting police officers and the prosecuting attorney in order to sustain a particular search
CAPTAIN WILLIAM N SCHNELL The Decline of the Judicial Doctrine of Nonreviewability of Military Decisions Ordering or Denying Discharges
An examination of recent federal court decisions revealing an increased judicial trend to review some administrative proceedings affecting internal matters of the military and maintaining the traditional judicial doctrine of nonreviewability of military discretionary acts
105
CAPTAIN TIMOTHY J SIMMONS The Post Trial
This thesis briefly examines the historical antecedents to the present post trial review It then discusses the present requirements which have been imposed statutorily and judicially Alternative approaches to the present formalized system are discussed and specific recommendations are made to create a more workable post trial review Finally an interim approach is recommended to reduce the problems with the post trial review until statutory changes can be made
MAJOR FERAIDOON H TEHRANI Imperial Iranian Army Comparison of Military and Civilian Criminal Procedures in Iran
This paper examines the criminal proced ures in the military and civilian courts in Iran Where the procedures are similar the military court procedure is discussed otherwise the differences are reviewed and compared in detail
CAPTAIN CHARLES W TRAINOR The Buy American Act An Examination Analysis and Comparison
This study examines the principles of the Buy American Act from its inception through its present application noting those consistencies and inconsistencies with the original legislative intent of the 1933 Act and resultant effect of the Executive Order of 1954 The Act is further compared with the Most Favored Nation IS Gause and the exculpatory paragraphs of the General Agreements on Tariffs and Trade dealing with buy-national policies of its member states The buy-domestic policies of seventeen nations are then set forth distinguishing the United States policy as enumerated in the Act Concluding the study are suggestions for further implementation of the Act making it more responsive to those it was intended to serve
MAJOR CHARLES A WHITE JR Residual Value--Candles and Costs
This paper discusses the problems inherent in the recovery of residual value for United States investments in the Federal Republic of Germany 1963-1973 It details the background of the US operations concerning real estate through the Occupation Period (1945-1955) and into the Contractural Relations Period (1955-1963) The negotiations of the Damages and Residual Value Articles of the Supplementary Agreement is covered in detail The paper encompasses all legal and practical aspects arising under the provisions of Articles 41 and 52 as they pertain to residual value A general world-wide survey of the subject is not included
106
APPENDIX G
GUEST MEMBERS THESIS EVALUATION COMMITTEES 21 st ADVANCED CLASS
Brigadier General Edmund Montgomery USAR Lieutenant Colonel Thomas H Davis
Administrative Law Division OTJAG Colonel R D Michelson
USMC HQ U S Marine Corps Washington D C Professor Robinson O Everett
Duke University Durham North Carolina Dr Thomas H Hunter
UVA Medical School Professor Lawrence Gaughan
Washington amp Lee University School of Law Lieutenant Colonel Wayne E Alley
Judge U S Army Court of Military Review Professor John Ritchie
UVA Law School Major General Kenneth J Hodson
Chief Judge U S Army Court of Military Review Lieutenant Colonel Richard McNealy
Deputy International Affairs Division OTJAG Professor Walter J Wadlington
UVA Law School Mr James Michael
Office of Legal Adviser Department of State Major William G Eckhardt
Litigation Division OTJAG Lieutenant Colonel Ronald M Holdaway
Chief Government Appellate Division OTJAG Professor Richard E Speidel
UVA Law School Professor Carl McFarland
UVA Law School Professor Charles H Whitebread
UV A Law School Mr John Schulz
Editor-in-Chief Military Law Reporter Washington D C Colonel Joseph Van Oeve Jr
Chief Contract Appeals Division OTJAG
107
Colonel William T Rogers Senior Judge U S Army Court of Military Review
Professor James Bond Washington amp Lee University School of Law
Professor Donald Curtis Administrative Assistant Graduate School of Business Administration UVA
Brigadier General Lawrence H Williams Assistant Judge Advocate General for Military Law OTJAG
Mr Philip M Wilson U S Army Claims ServiceFt Meade Maryland
LCDR Thomas R Santfer HQ Department of the Navy Washington D C
Major Frank Stone SOFA Team Chief International Affairs Division OTJAG
Mr Waldemar A Solf Chief International Affairs Division OTJAG
Colonel Alton H Harvey Chief Military Justice Division OTJAG
Lieutenant Colonel Abraham Nemrow (Ret) Clerk Court of Military Review
108
APPENDIX H
21st ADVANCED CLASS GRADUATES
CPT Eileen M Albertson USMC CPT Franklin D Holder USMC SQUAD LDR Sheikh Muhammad Anwar MAJ Wayne R Iskra CPT Henry J Armstrong CPT Henry C Karlson MAJ James A Badami MAJ Thomas A Knapp LCdr Robert C Berkley USN CPT William J Lehman MAJ Richard S Buck IV LTC Martin R Loftus CPT Bernard R Carpenter MAJ Haldane R Mayer CPT George W Clarke CPT Kenneth M Mitchell CPT James P Coleman MAJ Charles A Murray MAJ David B Craig MAJ William J Norton II CPT Jerald D Crow USMC CPT Maurice J OBrien MAJ Leonard H Dancheck CPT William H Parks USMC CPT Howard C Eggers CPT Frank J Pyle Jr CPT Russell J Fontenot CPT Royce C Rich CPT Robert M Frazee LTC Leon O Ridao MAJ Wendell R Gideon CPT Jerome W Scanlon Jr CPT Dewey C Gilley Jr CPT William N Schnell CPT Charles H Giuntini CPT Timothy J Simmons CPT John C Golden III CPT Feraidoon H Tehrani CPT Arthur G Haessig CPT Charles W Trainor MAJ William J Hemmer MAJ Charles A White Jr
109
APPENDIX I
ACADEMIC AWARDS 21 st ADVANCED CLASS
HIGHEST OVERALL CLASS STANDING
Award for Professional Merit -- American Bar Association
CAPTAIN GEORGE W CLARK CAPTAIN HOWARD C EGGERS CAPTAIN HENRY C KARLSON
SECOND HIGHEST OVERALL CLASS STANDING
Award for Professional Merit -- The Judge Advocate Generals School
CAPTAIN DEWEY C GILLEY JR
HIGHEST STANDING IN CIVIL LAW
Award for Distinguished Accomplishment - Judge Advocates Association
CAPTAIN HENRY C KARLSON
HIGHEST STANDING IN CRIMINAL LAW
Judge Paul W Brosman Award -- United States Court of Military Appeals
CAPTAIN HENRY C KARLSON
HIGHEST STANDING IN INTERNATIONAL AND COMPARATIVE LAW
Award for Distinguished Accomplishment - The Judge Advocate Generals School
CAPTAIN HENRY C KARLSON
HIGHEST STANDING IN MILITARY COMMAND AND STAFF
Plaque - Association of the United States Army
CAPTAIN DEWEY C GILLEY JR
III
HIGHEST STANDING IN PROCUREMENT LAW
Award for Distinguished Accomplishment -- The Foundation of the Federal Bar Association
CAPTAIN HOWARD C EGGERS
OUTSTANDING THESIS
Award for Distinguished Scholarship -- The Judge Advocate Generals School
CAPTAIN GEORGE W CLARKE
112
APPENDIX J
65th BASIC CLASS GRADUATES
CPT Robert F Apgar CPT Kenneth L Baker LT Robert L Beauregard USCE CPT Paul C Besozzi CPT Burk E Bishop CPT Charles W Boohar J r CPT Mack W Borgen CPT Victor S Carter Jr CPT Michael R Caryl CPT Joseph W Ca~per
CPT Madge K Casper CPT Dayton M Cramer CPT David M Curtis CPT Charles B Dickson MAJ Alfred J Dirska CPT Robert D Doane CPT Terence M Donnelly CPT John E Dorsey LT Winona G Dufford USCG CPT Jerry G Du Terroil CPT David R Dowell CPT Stephen A J Eisenberg LT Robert W Ferguson USCG LT Philip L Font USCG CPT Raymond G Frere CPT John W Fryer CPT John P Halvorsen CPT Patrick K Hargus CPT Dennis E Harrold CPT James R Hill Jr CPT John R Hill CPT Earl T Hilt s LT Franklin D Hoffman Jr USCG LT Francis P Hopkins Jr USCG CPT Harry D Hoskins III
66th BASIC
CPT Thomas B Allen CPT James W Almand
CPT George W House CPT Sammy S Knight CPT Gary J Krump CPT Ralph E Larson CPT Fredric I Lederer CPT Gerald J Leeling CPT David R Lorence CPT John W Lewis CPT John R MacPherson CPT Gary R McSpadden CPT Peter H Mathis CPT Jack H Morgan LT Howard S Myers III USCG CPT Joyce E Plaut CPT Peter K Plaut LT Robert J Reining USCG CPT Nicholas P Retson CPT George D Reynolds CPT Paul A Robblee Jr CPT Stephen H Rovak CPT John G Sauer CPT Lawrence L Severson LT William B Short Jr USCG CPT Dale B Smith CPT Nick J Staihar CPT Lewis R Stark CPT Richard G Stein LT James J Tamulski USCG CPT Thomas N Tromey CPT Vaughan E Taylor CPT Stephen G Varga CPT Dennis J Wing CPT Donn T Wonnell CPT Edward R Ziegler LT Stephen H Zimmerman USCG
CLASS GRADUATES
CPT Richard S Blakely CPT Alexander L Blondeau Jr
113
CPT Paul L LuedtkeCPT Stanley D Brown CPT Robert A McSorley CPT Chester H Budz CPT Ronald J MedarisCPT Richard W Cairns CPT Larry S MerckCPT Barry N Capalbo CPT Donald Morgan CPT John E Caulking CPT Philip E Mullin CPT Peter B Crary CPT Husni Salem Omari Jordanian Army CPT Willis D Cronkhite III CPT Frank T Pandora II CPT Patrick F Crow CPT Jerry R ProthroCPT King K Culp CPT Joseph A RehyanskyCPT James R Dedrick CPT Eldon D RobertsCPT Peter M Desler CPT Robert W SchiveraLT John H Distin USCG CPT John F SchmutzCPT Daniel J Dykstra Jr CPT Gerald A SchroederCPT James S Eakes CPT Paul M ScottCPT Frank B Ecker Jr CPT John R SeeronenCPT Robert D Ganstine CPT Ruurd C SegaarCPT James L Goetz MAJ David HD Selwood British Army CPT Michael H Gottesman CPT Frederic N SmalkinCPT Keith H Harnack CPT Brian K SmithCPT John D Hand CPT Ronald M SmithCPT Joseph W Hely Jr CPT Stephen L SmithCPT Ted B Herbert CPT Shelby L Starling JrCPT James A Hightower Jr CPT Richard T St Clair CPT Paul F Hill CPT Guyton O Terry JrCPT Stephen A Husman CPT Lewis L Thompson JrCPT Joseph P Kulik Jr CPT Harry A Tucker Jr CPT Harry L Lamb Jr CPT Lanny T Winberry CPT Lafayette J Lamb CPT Lawrence E Wzorek CPT Mark R Lindenmeyer
67th BASIC CLASS GRADUATES
CPT Raymond R DeckertCPT George W Bailey Jr CPT Leroy L De NooyerCPT William J Baker CPT John J DioguardiCPT K Reid Berglund CPT Chauncey W Durden III CPT William G Berkson CPT Gregory L EdlefsenCPT John D Billingslea Jr CPT William H EldridgeCPT Jack T Brooks CPT Ray A FarringtonCPT Edward G Bryant CPT Dominic A Femino JrCPT Stephen R Burns CPT Frank T FlanneryCPT Demmon F Canner CPT Cecil G Foster JrCPT Richard A Cefola CPT Charles C FreyerCPT Matthew J Coco CPT William P FugelsoCPT Peter J Curry CPT Russell J GeoffreyCPT Lawrence R Daniels
114
CPT Jerry H Gilbert CPT Daniel R Grills CPT Robert L Guinn CPT Alfred H Juechter Jr CPT Marshall M Kaplan CPT Douglas 1 Kaukl CPT Donald L Ketels Jr CPT Dennis A Klejna CPT Carlos E Lazarus CPT Jerome L Lemberger CPT John J Madden Jr CPT Frank C Marshall Jr CPT John B Martin CPT Carlos G Martinez CPT Everett D Marvin III CPT Roger K Masuda CPT Dale V Matthews CPT Daniel C McCarthy CPT Samuel P Militello CPT Clifford J Moy CPT Paul S Murphy CPT Steven D Needle CPT Charles M Nester CPT John K Northrop
CPT James M Norton CPT Willard E Nyman III CPT Louis F Pine II CPT Robert A Prentice CPT Herbert L Raiche CPT John T Rank CPT Michael G Rice CPT Wayne G Rod CPT James H Rosenblatt CPT Michael L Rudasill CPT James A Rupp CPT Stephen V Saynisch CPT Benjamin H Settle CPT Charles W Sheehan Jr CPT Anthony J Siano CPT Douglas C Smith CPT William L Sossaman CPT Craig L Stevenson CPT Marshall M Sweeney CPT Allan A Toomey CPT Martha J Trudo CPT John K Vreeland CPT Craig M Wilson CPT Eduard T L Zijlstra
68th BASIC CLASS GRADUATES
CPT Richard C Bentley CPT Fay the A Blake CPT John R Bone LT Robert G Bright USCG CPT William 1 Caron CPT Larry G Cecil CPT Ronald L Chapman CPT Hugh E Cherry CPT Michael C Denny CPT Graydon W Dimkoff CPT Ronald E Erickson CPT Ralph J Frick Jr CPT Lester M H Goo CPT Glenn S Hara CPT William C Jaekel CPT Thaddeus J Keefe III
CPT Leslie E LeDoux II CPT Robert A Long Jr CPT William G F Mill er CPT Kenneth E Mitchell LT James D Morgan USCG CPT Robert E Morris CPT Vahan Moushegian Jr CPT Frank R Newett CPT Richard H Nixon CPT James P Ring CPT Conrad J Rybicki CPT Ronald J Shea LT John E Shkor USCG CPT Lawrence A Smith CPT Frank J Wagner Jr CPT Alvern C Weed
115
bull
APPENDIX K
BASIC CLASS ACADEMIC AWARDS
American Bar Association Award for Professional Merit (highest overall academic standing)
CPT Robert F Apgar 65th Basic CPT Lawrence E Wzorek 66th Basic CPT John K Vreeland 67th Basic CPT Robert A Long Jr 68th Basic
Commandants Award for Professional Merit (second highest overall academic standing)
CPT John R MacPherson 65th Basic CPT Frederick N Smalkin 66th Basic CPT John T Rank 67th Basic CPT Glenn S Hara 68th Basic
Judge Paul W Brosman Award United States Court of Military Appeals (highest standing in Criminal law subjects)
CPT Robert F Apgar 65th Basic CPT Gerald J Leeling 65th Basic CPT John R MacPherson 65th Basic CPT Peter K Plaut 65th Basic CPT Dale B Smith 65th Basic CPT James W Almand 66th Basic CPT Frederick N Smalkin 66th Basic CPT Harry A Tucker Jr 66th Basic CPT Lawrence E Wzorek 66th Basic CPT John K Vreeland 67th Basic CPT Robert A Long Jr 68th Basic CPT Frank R Newett 68th Basic
The Foundation of the Federal Bar Association Award for Distinguished Accomplishment (highest standing in Procurement Law subjects)
CPT Charles B Dickson CPT Frederick N Smalkin CPT John J Dioguardi CPT William C Jaekel
65th Basic 66th Basic 67th Basic 68th Basic
117
Judge Advocates Association Award for
CPT Joyce E Plaut CPT James W Almand CPT Paul M Scott CPT Lawrence E Wzorek CPT George W Bailey Jr CPT Hugh E Cherry
Achievement (highest standing in Civil Law)
65th Basic 66th Basic 66th Basic 66th Basic 67th Basic 68th Basic
Association of the United States Army Plaque (highest standing in Phase I)
CPT John R Hill CPT Alexander L Blondeau Jr CPT Willis D Cronkhite CPT John J Dioguardi CPT Ronald L Chapman
65th Basic 66th Basic 66th Basic 67th Basic 68th Basic
118
GUEST
SPEAKER
Mr Roscoe J Ailor Chief Recovery Division U S Army Claims Service Fort Meade Maryland
Professor Richard C Allen Director Institute of Law Psychiatry and Criminology George Washington University
Mr Harry H Almond Jr Senior Attorney-Advisor Office of General Counsel for International Affairs Office of Secretary of Defense
BG Bruce C Babbitt USA Assistant Judge Advocate General for Civil Law
Professor Richard R Baxter Harvard University School of Law
LTC Harry Beavers MC Chief Family Planning Service Walter Reed Medical Center
Colonel Myron Birnbaum USAF U S Air Force Judiciary
Major Ramond K Bluhm U S Army Civil Affairs School Fort Bragg North Carolina
Professor James E Bond School of Law Washington amp Lee University
APPENDIX L
SPEAKERS AND VISITORS
TOPICPURPOSE OF VISIT
Oaims Administration Panel
Examination of a Psychiatrist
The Law of War - Applied to Weapons and Targets
Addressed Opening Exercises of the 54th Procurement Attorneys Course and the Third Procurement Attorneys Advanced Course conducted Advanced Class Seminar
Perspectives on Work Being Done on the Geneva Conventions of 1949
Family Counseling and Family Planning
Armed Services Correctional Program
U S Civil Affairs Current Developments
Internal Conflicts and Common Article 3
119
Captain Michael A Brodie JAGC Litigation Division OTJAG
Captain Clifford D Brooks JAGC Procurement Law Division OTJ AG
Dr Robert Brown Psychiatrist Charlottesville Virginia
Mr Thomas V Bryant Jr Office of the General Counsel Small Business Administration
Mrs Nancy Buc Assistant Director for Consumer
Education Bureau of Consumer Protection Federal Trade Commission
Mr Francis T Buckley Chief Counsel U S Army Missile Command Redstone Arsenal
Hon John A Busterud Deputy Assistant Secretary of Defense Washington D C
Hon J Fred B uzhard t General Counsel Department of Defense
Mr John Carey Partner Coudert Bros Law Firm New York
Major General J S Cheney USAF The Judge Advocate General U S Air Force
Evaluation and Settlement of Suits under the Federal Tort Claims Act and Federal Care Recovery Act The Federal Medical Care Recovery Act
Labor Standards in Government Contracts Special Interest Institutes
Family Law Panel
The 8(a) Subcontracting Program
Consumer Protection Panel
Weapons Systems Acquisition vs Procurement at Post Camp and Station Level
Environmental Quality
Addressed 1972 JAG Conference
Recent Developments in Human Rights
Conducted Advanced Oass Seminar
120
Dr Lawrence E Chermak Funding of Major Acquisitions Counsel for the Comptroller of the Navy Office of the General Counsel Department of the Navy
Colonel Jerry E Connor USAF Chief Legal Assistance Division OTJAG Department of the Air Force
LTC Albert A Covington JAGC Staff Judge Advocate Retraining Brigade Fort Riley Kansas
Mr Richard Cunningham Office of the General Counsel U S Army Corps of Engineers
Mr Gilbert Cuneo Partner Sellers Conner amp Cuneo Washington D C
Mr Overton A Currie Partner Smith Currie amp Hancock Atlanta Georgia
Mr Jerome J Curtis Jr Assistant Professor of Law Marshall-Wythe School of Law College of William and Mary
Hon William H Darden Chief Judge U S Court of Military Appeals
Hon Arno H Denecke Associate Justice Oregon Supreme Court
Mr Edwin Dosek Bureau of Consumer Protection Federal Trade Commission
Current Status and Future Plans for Pilot Legal Services Program
Retraining the Soldier
The Army What the Future Holds The Army An Impact Statement on the Effects of Environmental Law-The Lawyers View
Contractors View of Board of Contract Appeals
Contractors View of Performance Problems of Construction Contracts
Real Estate Transactions
Addressed JAGSO Units
Hearsay Hazards
Consumer Protection Panel
121
Mr Dolf Droge National Security Council Staff The White House
Mr Stanley Dubroff Chief Counsel Electronics Command Fort Monmouth New Jersey
LTC Joseph A Dudzik JAGC Procurement Law Division OTJAG
Hon Robert M Duncan Judge United States Court of Military Appeals
Major William G Eckhardt JAGC Chief Personnel Affairs Branch Litigation Division OTJ AG
Colonel John L Fellows Jr ARM Commanding Officer U S Army Garrison Presidio of San Francisco
Mr Allen Felts Oaims Training Director Eastern Regional Office State Farm Insurance Company
Mr Nicholas A Fidandis Commissioner Federal Mediation amp Conciliation Service
Colonel Zane E Finkelstein JAGC Office Chairman Joint Chiefs of Staff Department of Defense
Mr Lawrence D Gaughan Associate Professor of Law Washington amp Lee University School of Law
An Analysis of the Vietnam Situation
Practical Aspects of Contract Types and Negotiation Procurement EthiQs
Current Developments in Procurement Law
The Military Judge and the Court of Military Appeals
Helping a Commander Control his Installation Relationships Between DA and Department of Justice and Litigation Reports Panel
The Legal Problems of an Installation Commander
Insurance Company View on Claims Settlement
Impasse Mediation
Joint Chiefs of Staff On-Going Agreements
An Outline of the Civil Law System and Doctrine Civil Affairs in Combat The Israeli Experience
122
Captain Norman L Goldberg JAGC Military Personnel Law Team Administrative Law Division OTJAG
Colonel Viviano Gomez Jr JAGC Staff Judge Advocate U S Army Training Center Fort Ord California
Professor Gidon A G Gottlieb School of Law New York University
Captain Kenneth E Gray JAGC Office of the Staff Judge Advocate U S Army Training Center Infantry Fort Dix New Jersey
Air Vice Marshal Eric G Hall Pakistan Embassy Washington D C
Captain Andrew M Harkness JAGC Procurement Law Division OTJ AG
LTC R G Harmer British Embassy Washington D C
Mr Neal Harrison Director Classification Division U S Disciplinary Barracks Fort Leavenworth Kansas
Colonel Alton H Harvey JAGC Chief Criminal Law Division OTJAG
Mr Elliot Harwood Deputy Assistant Director Plans and Policy Office of Director of Defense Research and Development
Contemporary Problems in Personnel Separations
Conducted Advanced Class Seminar
National Implementation of the Laws of War
The Pilot Program-Present and Future
Distinguished Guest at the 21 st Advanced Oass Graduation
Labor Standards in Government Contracts
Liaison Visit
U S Disciplinary Barracks and Army-Air Force Clemency and Parole Board
Law Office Management
Weapons Systems Acquisition
123
LTG Joseph M Heiser Jr USA Deputy Chief of Staff for Logistics
MG Kenneth J Hodson USA Chief U S Army Legal Services Agency
LTG Harris W Hollis USA Chief Office of Reserve Components Department of the Army
Colonel Kenneth A Howard JAGC Chief Trial Judiciary OTJ AG
Captain Fred Huff JAGC Lands Office OTJAG
Hon Hadlai A Hull Assistant Secretary of Army for
Financial Management
Mr Michael R Jetter Internal Revenue Service Richmond Virginia
Mr Robert Johnson Harris Tuck Freasier amp Johnson Richmond Virginia
Mr Nathaniel Jones General Counsel NAACP New York New York
Professor Yale Kamisar School of Law University of Michigan
Professor Delmar Karlen School of Law New York University
Importance of Legal Officers in Logistics
Conducted Advanced Class Seminar 11th Military Judge Course Graduation
Addressed National Guard Conference
Records Reports and Administration Panel Sentencing General and Special Findings
Environment and Law
21 st Advanced Class Graduation Speech
Rent and Price Controls
A Plaintiffs Lawyer Looks at Torts Practice
Task Force on the Administration of Military Justice in the Armed Forces
Second Annual Kenneth J Hodson Lecture in Criminal Law
First Annual Edward H Young Lecture in Military Legal Education
124
Captain Elton J Keeley INF U S Army Civil Affairs School U S Army Institute for
Military Assistance Fort Bragg North Carolina
Colonel William R Kennedy USAF U S Air Force Judiciary
CW2 Dieter P Kohler U S Army Claims Service
Mr L David Korb Deputy Director Office of Labor-Management Relations U S Civil Service Commission
Captain Royce C Lamberth JAGC Litigation Division OTJAG
Hon Francis J Larkin Third District Court Milford Massachusetts
LTC Edward A Lassiter JAGC Assistant Chief Military Justice Division OTJAG
Mr Shao-chuan Leng Professor of Government and
Foreign Affairs University of Virginia
Captain Morris 1 Lent JAGC Deputy Staff Judge Advocate U S Army Engineer Center Fort Belvoir Virginia
Mr William Lessin Office of Directorate for Personnel
and Community Activities Fort Belvoir Virginia
U S Civil Affairs Orientation
Records Reports and Adninistration Panel
Claims Administration Panel
The Federal Labor-Management Relations Program Today
Military Personnel Law Litigation
Judicial Technique and Administration
Current OTJAG Military Justice Policies and Projects
Communist Law--Chinese Legal Principles
Legal Services Center Concept
Budgeting for a JA Office
125
Professor Richard B Lillich School of Law University of Virginia
Mr Ronald E Lunstrum Senior Corrections Specialist Department of the Navy
Major Eric Mackintosh Staff Officer MASSTER Project Fort Hood Texas
BG Clyde R Mann USMC Director Judge Advocate Division U S Marine Corps Washington D C
Dr Theodore C Marrs Deputy Assistant Secretary of Defense
for Reserve Affairs DOD Washington D C
Professor Daniel J Meador James Monroe Professor of Law University of Virginia
Mr Wayland Medley Technical Staff Economic Stabilization Board Internal Revenue Service Richmond Virginia
Mr Robert W Meserve President American Bar Association
Mr Travis Mills Assistant General Counsel U S Civil Service Commission
Humanitarian Intervention
Armed Services Correctional Program
Project MASSTER Orientation
Distinguished Guest at 21 st Advanced Class Graduation
Addressed JAG Reserve Conference
Discovery under the Federal Rules of Civil Procedure
Rent and Price Controls
Orientation Visit
The Role of the Government Attorney in the Civilian Personnel Process
126
Mr John Norton Moore Counselor on International Law Office of the Legal Advisor Department of State
Mr Anthony L Mondello General Counsel U S Civil Service Commission Washington D C
Hon Robert Morgan Attorney General North Carolina
LTC James A Mounts JAGC Chief Personnel Claims Division U S Army Claims Service
Professor Gerhard OW Mueller School of Law Criminal Law Education and
Research Center New York University
Hon Tim Murphy Judge of the Superior Court of the District of Columbia
Colonel Abraham Nemrow AUS (Ret) Clerk of the Army Court of
Military Review U S Army Judiciary
LTC James E Noble JAGC Chief Patents Division OTJAG
LTC Matthew B ODonnell JAGC Defense Appellate Division OTJAG
Colonel Oliver E 0 Kier MPC Commandant U S Disciplinary Barracks Fort Leavenworth Kansas
The Use of Force in U S Foreign Policy
Civil Service Commission
Addressed JAG Conference
Personnel Claims Act A Modern Approach
Alternatives to Imprisonment
The Sentencing Function of the Trial Judge
Pretrial Advice and Common Errors Post Trial Review and Common Errors Administrative Errors in Records of Trial
Patents and Technical Data
Military Justice and Race Relations
Corrections and Rehabilitation in the Army Panel
127
MG Harold E Parker USA The Assistant Judge Advocate General
Major Theodore B Paterson U S Army Correctional Training
Facility Fort Riley Kansas
Captain B Raymond Perkins USNR Officer in Charge U S Navy-Marine Corps Judiciary
Activity OTJ AG Department of the Navy
Mr C Norman Poirier Deputy General Counsel Commission on Government
Procurement
Mr Herman L Pollock Executive Director Public Defender Project Supreme Court of Pennsylvania
Mr S J Pomrenze Chief Office Management Division Administrative Services Directorate OT AG Department of the Army
LTC Robert W Poydasheff JAGC Chief Civilian Personnel Law Division OTJ AG
MG George S Prugh USA The Judge Advocate General Department of the Army
Mr Rouhollah K Ramazani Professor of Government and
Foreign Affairs University of Virginia
Addressed Graduation Exercises of the 65th 66th 67th and 68th Basic Classes Conducted Advanced Class Seminar
Armed Services Correctional Program
Records Reports and Administration Panel Relationship of Counsel Decorum and Judicial Responsibilities
Government Procurement Commission Report
Functions of Defense Counsel
The Current and Future Status of the Army Records Management Program
Civilian Personnel Law and Labor-Management Relations
Conducted Advanced Class Seminar
Traditional Law and Foreign Influences in the Islamic World
128
MG Lloyd B Ramsey USA The Provost Marshal General
LTC Philip N Reed INF U S Army Civil Affairs School U S Army Institute for
Military Assistance Fort Bragg North Carolina
RADM Horace B Robertson Jr JAGC USN
Deputy Judge Advocate General of the Navy
Captain John H Rodgers JAGC Office of the Staff Judge Advocate Office of the Surgeon General
Mr Joseph H Rouse U S Army Claims Service
Dr Jesse G Rub in President Psychiatric Institute Foundation Washington D C
Professor Helmut Rumpf Office of the Legal Advisor Foreign Office Federal Republic of Germany
Captain Nicholas Sabalos USN Office of the Director J oint Staff Joint Chiefs of Staff
Mr Harry M Saragovitz Assistant General Counsel Army Materiel Command
Mr Arpiar Saund ers Attorney National Prison Project Washington D C
Addressed the 21st Advanced Class
U S Civil Affairs Orientation
U S Navy Military Judge
Family Planning Panel
Federal Tort Claims Act Injury Evaluation
Psychiatric Evaluations
Mutual Collective Security of United States and Germany
Joint Chiefs of Staff On-Going Agreements Military Implementation of the Law of War
Weapons Systems Acquisition and Technical Data
Prisoners I Rights
129
Mr John Schulz Editor-in -Chief Military Law Reporter The Public Law Education Institute Washington D C
Major David H D Selwood Deputy Assistant Director of
Army Legal Services Ministry of Defence United Kingdom
Mr Thomas Sheck ells Manager of Federal Agreements Environmental Protection Agency
Mr Paul Shnitzer Office of the Comptroller General
Colonel James E Simon JAGC Staff Judge Advocate U S Army Training Center Fort Dix New Jersey
Mr Curtis Smothers Acting Deputy Assistant Secretary
of Defense for Equal Opportunity
Mr Richard C Solibakke Chairman Armed Services Board of
Contract Appeals Department of Defense
Mrs Goody L Solomon Executive Editor Office of Consumer Services Department of Health Education
and Welfare
Outsiders View of Military Litigation
Northern Ireland Situation
Environmental Law
Problems in Award of Negotiated Contracts
Conducted Advanced Class Seminar
Race Relations Consideration of onshygoing Defense and Army Educational Programs to Improve Race Relations and the use of Off-Post sanctions in CONUS and Overseas
Contract Claims and Litigation Boards of Contract Appeals
Consumer Protection Panel
130
Mr Michael R Sonnenreich Deputy Chief Counsel Bureau of Narcotics and Dangerous Drugs Department of Justice
Mr William H Speck Associate Counsel Naval Facilities Engineering Command
Mr Richard E Speidel Henry L and Grace Doherty
Professor of Law University of Virginia
RADM Merlin H Staring USN The Judge Advocate General U S Navy
Mr Jack Stempler General Counsel Department of the Air Force
Major Frank Stone International Affairs Division OTJAG
Mr John H Sud a Assistant Corporation Counsel Government of the
District of Columbia
Mr Paul Summers Trust Officer Citizens Bank amp Trust Company Charlottesville Virginia
Major William K Suter JAGC Assistant for Plans Personnel Plans amp Training Office OTJAG
Colonel Warren L Taylor JAGC SJ A Fifth United States Army Fort Sam Houston Texas
Drug Abuse Control
The Governments Perspective Concerning Construction Contract Performance Problems
Role of the GAO in the Bid Protest Procedure
Cond ucted Ad vanced Gass Seminar
Orientation Visit
The Status of Military Forces in Japan Korea and Germany
Motion Practice under the Federal Rules of Civil Proced ure
Investment Counseling
Plans Programs and Training
Conducted Advanced Class Seminar
131
Colonel Joseph N Tenhet Jr JAGC Special Assistant to TJAG OTJAG
Mr Charles Terry Attorney at Law Morristown Tennessee
LTC James F Thornton Jr JAGC Staff Judge Advocate U S Army Garrison Fort Campbell Kentucky
Rev David Turner Pastor St Marks Lutheran Church Charlottesville Virginia
Dean George A Van Hoomissen National College of District Attorneys University of Houston
Mr Paul B Walter School of Law University of Virginia
Captain John Whalen JAGC U S Army Claims Service
Colonel Frederick Bernays Wiener AUS (Ret)
Washington D C
BG Lawrence H Williams USA Assistant Judge Advocate General
for Military Law
Mr Raymond 1 Williams Executive Secretary Army Board for Correction of
Military Records
Final J A Operations in Vietnam
Anatomy of a Trial
Conducted Advanced Class Seminar
Family Law Panel
Functions of Prosecution
Understanding your Client
Federal Tort Claims Act Injury Evaluation
Some Historical Aspects of Military Law
Conducted Advanced Class Seminar
Policies and Procedures of the Army Board for the Correction of Military Records
132
Colonel Wade H Williamson JAGC Chief Administrative Law Division OTJAG
Mr Adelbert K Wnorowski Raphael amp Wnorowski Amsterdam New York
Dr Nathan Wolkomir President National Federation of Federal Employees
Colonel John A Zalonis JAGC Chief Legal Assistance Office OTJAG
Current Problems in the Personnel Area
Grievances and Arbitration
Union Viewpoint of the Federal Labor-Management Relations Program
Update on Current Status and Future Plans for the Pilot Legal Services Program
133
APPENDIX M
ARTICLES BY STAFF AND FACULTY MEMBERS
Colonel John Jay Douglass High Command Case A Study in Staff and Command Responsibility The International Lawyer Vol 6 No4 (Oct 1972)
Lieutenant Colonel John L Costello Book Review Great Court-Martials 59 Military Law Review 233 (1973)
Major James R Coker Book Review The International Law of Civil War 59 Military Law Review 239 (1973)
Major James R Coker Book Review The Death of the Army-A Pre-Mortem Fordham Law Review
Major James R Coker The Status of Visiting Military Forces in Europe A Treatise on International Criminal Law (Bassiouni amp Nanda Ed) Vol II (CCThomas Illinois 1973)
Major James A Endicott Jr New Approach to Military Law Instruction 738 Army ROTC Education Commentary lA (1973)
Major James A Endicott Jr Decision Making and the Court-Martial Cases 45 The Judge Advocate Journal (1973)
Major James A Endicott Jr Claims Against the United States 9 Law Notes 17 (1972)
Major Francis A Gilligan Issues Raised by Military Warrants The Army Lawyer Vol 2 No 8 (August 1972)
Major Francis A Gilligan Inspections The Army Lawyer Vol 2 No 11 (November 1972)
Major Francis A Gilligan Eyewitness Identification 58 Military Law Review 183 (1972)
Major Francis A Gilligan Probable Cause and the Informer 60 Military Law Review 1 (1973)
Major J J McGowan Sr SJA Spotlight--Iran The Army Lawyer Vol 2 No 10 (Oct 1972)
135
Major Paul Jackson Rice Military Dissent The Army Lawyer Vol 3 No2 (Feb 1973)
Captain Bernard R Adams Eminent Domain Police Power and Urban Renewal Compensation for Interim Depreciation in Land Values 7 Georgia Law Review 226 (Winter 1973)
Captain Stephen L Buescher The Court of Military Appeals A Survey 59 Military Law Review 129 (1973)
Captain Edward J Imwinkelried The New Federal Rules of Evidence The Army Lawyer Vol 3 No4 (April 1973)
Captain Edward J Imwinkelried The New Federal Rules of Evidence Part II The Army Lawyer Vol 3 No5 (May 1973)
Captain Jack F Lane Jr The Undesirable Discharge--Administrative Tool or Back-Door Court Army Vol 22 No 11 (Nov 1972)
Captain Jack F Lane Jr Classification Promotion and Racial Discrimination The Army Lawyer Vol 3 No5 (May 1973)
Captain Jordan 1 Paust My Laiand Vietnam Norms Myths and Leader Responsibility 57 Military Law Review 99 (1972)
Captain Jordan 1 Paust Law in a Guerrilla Conflict Myths Norms and Human Rights III Israel Yearbook
Captain Jordan J Paust The Nuclear Decision in WWII Trumans Ending and Avoidance of War International Lawyer (1974)
Captain Jordan 1 Paust Comment on Command Responsibility 25 Naval War College Review (Jan-Feb 1973)
Captain Jordan J Paust Human Rights Human Relations and Overseas Command The Army Lawyer Vol 3 No I (Jan 1973)
Captain Donald N Zillman In-Service Conscientious Objection 10 San Diego Law Review (1973)
Captain Donald N Zillman The Court of Military Appeals A Survey 59 Military Law Review 129 (1973)
136
Captain Donald N Zillman Armed Services the 5th Circuit 21 Mercer Law Review (1972)
Captain Donald N Zillman Recent Development Environmental Law 57 Military Law Review 203 (1972)
Captain Donald N Zillman Involuntary Activation of Reservists The Army Lawyer Vol 2 No 10 (Oct 1972)
137
APPENDIX N
VISITS TO RESERVE UNITS - FY 1973
I JAG DETACHMENTS
9th Cleveland Ohio 7 Feb 1973 213th Atlanta Georgia 17 Feb 1973 155th 42d Pitt sburgh Pennsylvania 19 Feb 1973 153 157th Philadelphia Pennsylvania 20 Feb 1973 10th Washington D C 21 Feb 1973 3d Boston Massachusetts 22 Feb 1973 12th Columbia South Carolina 23 Feb 1973 78th Los Angeles California 27 Feb 1973 20th Dallas Texas 28 Feb 1973 173d Birmingham Alabama 2 Mar 1973 8th Kansas City Kansas 5 Mar 1973 139th Cincinnati Ohio 6 Mar 1973 148th Columbus Ohio 7 Mar 1973 4th New York New York 8 Mar 1973 7th Chicago Illinois 10 Mar 1973 81 st San Diego California 14 Apr 1973 I 20th Denver Colorado 28 Apr 1973 2d New Orleans Louisiana 30 Apr 1973 9th Cleveland Ohio I May 1973 106th Detroit Michigan 2 May 1973 162d Richmond Virginia 6 May 1973
II USAR SCHOOLS
(Visits required by Annex AL CON Reg 350-1)
Richmond USAR School 29 May 1973 Norfolk USAR School 19 May 1973
139
III J1l
Miami USJR School Phase II BOJC
South Charleston USJR School
Seattle USJR School 99th JJG Detachment l62d JJG Detachment
121 st JJG Detachment 20th JJG Detachment 2l0th JJG Detachment
89th JJG Detachment l73d JJG Detachment l55th JJG Detachment
35th JJG Detachment
Livonia USJR School
Hattiesburg Mississippi
Fort Ritchie Maryland
Reno Nevada Joliet Msenal Illinois HQ Electronics Command
Fort Monmouth N J Redstone Msenal Jlabama Rock Island Jrsenal Illinois White Sands Missile Range
New Mexico Fort Huachuca Mizona Huntsville Jlabama MllMllS Brooklyn and MllMllS
Bayonne llerminal Jviation Systems Command
St Louis Missouri DePere Wisconsin
18-20 Jul 1972
6-7 Jug 1972
8-9 Jug 1972 18 Jan 1973 7-8 Mar 1973
25 Jpr 1973 7 May 1973 16 May 1973
17 May 1973 18 May 1973 21-22 May 1973
7-8 Jun 1973
17-18 Jun 1973
140
APPENDIX 0
LECTURES GIVEN OUTSIDE TJAGSA
COL John Jay Douglass Chaplains School Fort Hamilton New York
COL John Jay Douglass Fort Gordon Georgia
COL John Jay Douglass Richmond Virginia Chapter of The Military Order of the World Wars
COL John Jay Douglass Defense Information School Fort Benjamin Harrison Ind
COL John Jay Douglass Finance School Fort Benjamin Harrison Ind
COL John Jay Douglass Naval Justice Seminar Coronado Beach California
COL John Jay Douglass Sergeants Major Academy Fort Bliss Texas
LTC David A Fontanella Ft McClellan Alabama
LTC David A Fontanella Ft Benning Georgia
LTC David A Fontanella Ft Rucker Alabama
FISCAL YEAR 1973
Civil Law Problems and the Chaplain
Presented Opening Remarks to Phase 1shy67th Basic Class
Military Law Today
The Serviceman and the Bill of Rights
Current Developments in Military Law
TJ AGSA and the Training of J AGC Reserves
Military Justice
Civil Law Update
Civil Law Update
Civil Law Update
141
LTC David A Fontanella Army and Air Force Senior ROTC Gasses University of Virginia Charlottesville Virginia
LTC David A Fontanella Chaplains School Ft Hamilton New York
LTC David A Fontanella U S Army War College Carlisle Barracks Pa
LTC David A Fontanella U S Army War College Carlisle Barracks Pa
LTC David A Fontanella U S Army War College Carlisle Barracks Pa
LTC David A Fontanella U S Army War College Carlisle Barracks Pa
MAJ James R Coker Fort Lee Virginia
MAJ James R Coker Fort Bragg North Carolina
MAJ James R Coker USAIMA Fort Bragg North Carolina
MAJ James R Coker Staunton Military Academy Staunton Virginia
MAJ James R Coker Valley Forge Pennsylvania
Military Personnel Law
Military Personnel Law
Challenges to Command
Military Personnel Law
Gairns and Litigation
Challenges to Command
The Law of War in Modern Armed Conflict
The MAAG Mission and the Law of War
Law of War and CivilMilitary Operations
Introduction to the Laws of WaI
The Rule of Law in Warfare
142
MAJ Francis A Gilligan Army War College Carlisle Barracks Pa
Constitutional Rights and Article 15
MAJ Nancy A Hunter Hofstra University and Law School Hempstead New York
bull Women in the Military
MAJ Jack F Lane Jr Army and Air Force Senior ROTC Classes University of Virginia Charlo ttesviIle Virginia
Boards of Officers and Administrative Law
MAJ James J McGowan Fort Eustis Virginia
Law of Modern Armed Conflict
MAJ Fort
James 1 McGowan Eustis Virginia
The Law of War in Modern Armed Conflict
MAJ Paul J Rice Washburn University of Topeka School of Law Topeka Kansas
JAGC Orientation
MAJ Paul J Rice University of Kansas School of Law Lawrence Kanssa
JAGC Orientation
MAJ Paul J Rice University of MissourishyKansas City School of Law Kansas City Missouri
JAGC Orientation
MAJ Paul 1 Rice University of Missouri-shyColumbia School of Law Columbia Missouri
JAGC Orientation
MAJ Paul J Rice St Louis University School of Law St Louis Missouri
JAGC Orientation
143
MAJ Paul J Rice Washington University School of Law St Louis Missouri
MAJ Paul J Rice Pre-Law Advisors from the State of Virginia University of Virginia Charlottesville Virginia
MAJ Paul J Rice U S Army War College Carlisle Barracks Pa
CPT Bernard R Adams Army Reserve Unit Cherry Avenue Charlottesville Virginia
CPT Ronald C Griffin Rutgers University Camden New Jersey
CPT Ronald C Griffin University of Oregon Eugene Oregon
CPT Jan Horbaly Army ROTC University of Virginia Charlottesville Virginia
CPT Jan Horbaly Reserve CampGS Training Charlottesville Virginia
CPT Edward J Imwinkelried Army ROTC University of Virginia Charlottesville Virginia
CPT W H Parks USMC NROTC University of Virginia Charlottesville Virginia
JAGC Orientation
Career Opportunities in the JAG Corps
Military Installations and the Authority of the Commander
Drug Abuse Control
Civil Rights in the Military
Consumer Protection The Soldiers and Sailors Civil Relief Act
Introduction to Military Justice
Introduction to Military Justice
Article 15
Introduction to Military Justice
144
CHAPTER I
ADMINISTRATION AND ORGANIZATION
Section I
History of The Judge Advocate Generals School
Judge advocates have served the United States Army since 1775 but no effort was made to provide them with formal training in military law until the opening days of World War II
The Home of the Military Lawyer began on a temporary basis in February 1942 at the National University Law School (now part of the National Law Center of the George Washington University) Washington DC In August 1942 operations were transferred to the University of Michigan Law School in Ann Arbor where Colonel Edward H Young J AGC was the Commandant In the following months hundreds of officers were trained at Ann Arbor and by June 1944 over two-thirds of the active duty strength of the Judge
UllilJcrsity uf AliclziJan Law School
Advocate Generals Corps were graduates of the School Colonel Reginald C Miller JAGC became the Commandant in December 1944 The end of the war substantially reduced the need for trained military lawyers and in 1946 the School was deactivated
A 1946 study on the administration of military justice recommended that provisions be made for the training of Army lawyers in military law and plans were soon being prepared in the Office of The Judge Advocate General to implement the recommendation The passage of the Uniform Code of Military Justice and the Korean conflict accentuated the need for judge advocate training facilities As a consequence The Judge Advocate Generals School was activated at another temporary training facility at Fort Myer Virginia again under the guidance of Colonel Young Approximately 200 officers attended several five-week courses in basic military law taught by five officer-instructors
By this time the decision had been made to establish The Judge Advocate Generals School as a permanent branch service school It was decided to locate the School within 200 miles of Washington but sites as far away as Fort Crockett Texas and Fort Rodman Massachusetts had been considered In the spring of 1951 a survey was made of the facilities offered by the University of Virginia and on 2 August 1951 the present Judge Advocate Generals School was established on the Grounds of the University of Virginia
Previous Commandants
Colonel Charles L Decker 2 August 1951-14 June 1955
Colonel Nathaniel B Rieger 15 June 1955--1 March 1957
Colonel John G OBrien 1 March 1957--13 May 1961
Colonel John FT Murray 1 July 1961-31 December 1964
Colonel John W Burtchaell 1 January 1965--30 June 1966
Colonel Lewis F Shull 25 July 1966-3 September 1967
Colonel Kenneth C Crawford 3 September 1967-1 June 1970
COL Edward H Young JACC
2
Section 2
Office of the Commandant
The Commandant is the Commander of The Judge Advocate Generals School
U S Army a field oper~lting agency of the Office of the Judge Adv0Cltc Gencnl He
is responsible for the accomplishment of the mission of the School which includes the
personnel and logistic support functions undertaken at the School by assigned personnel
The Commandant exercises special court-martial jurisdiction He is in effect a law school dean a post commander a law book editor and publisher a research director and the
career management ~lIId training officer for all JAGC reservists
During the year the Schools second academic chair was established in honor of
the first Commandant of The Judge Advocate Generals School who served as such during
both World War II and the Korean conflict The Colonel Edward H Ham Young Chair
C()L bzlau H YOInu ([Smiddotl f~ct i
slwakillg dt (cdicution cercllOnics for tlC LcUdrd H Hmz YOIng ClUlir of Iilitdrv poundo((u ilcation
3
of Military Legal Education is occupied by Colonel John Jay Douglass Commandant of the School Each honorary chair established at the School is associated with an annual lecture of the same name the first Edward H Young lecture was presented by Delmar Karlen of the Institute of Judicial Administration New York
Prof Delmar Karlen
COL Douglass and Mrs Towsey
4
Section 3
Reorganization of the School
In February 1973 the School underwent its first major reorganization since 1956 While this coincided with a major Army reorganization the main purpose of the School reorganization was to divide School missions along functional lines among the various departments Highlights of the reorganizations are
(I) Office of the Commandant The new position of Assistant Commandant for Reserve Affairs and Special Projects was created to provide policy control for the JAGC Reserve program on behalf of The Judge Advocate General of the Army Responsibilities include training management for J AGC units personnel management at the Department of the Army level and coordination of the training of individual JAGC Reserve component members This office replaces and expands on the former Reserve Affairs Department with certain operating functions transferred to the Academic Department
(2) Academic Department The Academic Department retains its former functions with the addition of an Office of Nonresident Instruction The Office of Nonresident Instruction oversees on behalf of the Director the Schools responsibilities for U S Army Reserve Schools correspondence courses ROTC instructional materials military law instruction at other service schools instruction in military law in Army units and the newly assigned mission on-site instruction for J AGC officers in Reserve component units The current faculty augmented by six new members will present the on-site instruction
(3) Development Doctrine and Literature Department This Department performs the newly assigned combat development mission (acquired upon the abolition of the Judge Advocate Agency Combat Developments Command) and continues certain functions of the former Plans and Publications Department Included in the mission of the new Department is the publication of the Military Law Review The Army Lawyer and the Judge Advocate Legal Service Two new positions were created for Combat Development and for Professional Development and Liaison The latter position has the responsibility for liaison with the American Bar Association the Federal Bar Association the Judge Advocates Association and other bar goups throughout the United States
(4) Office of the School Secretary All administrative and logistical support functions have been placed in the Office of the School Secretary In addition to the existing functions of personnel management (Adjutant) services and logistics there has been added
5
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Section 4
Board of Visitors
A Board of Visitors has been appointed pursuant to Executive Order No 11007 and AR 15-1 to insure that the high standards of the School are maintained and to assist in the determination of areas requiring improvement The Board composed of leading civilian practitioners and legal ed Llcators examines the varied operations of the School and sums up its findings with criticisms and recommendations in a report submitted at the end of its inspection During the past year Colonel Van Benschoten was made an honorary member of the Board and Mr Richard E Wiley was appointed as a regular member
The Board met as a group from 10 to 13 April 1973 and re-elected Colonel Deutsch as its Chairman Colonel Deutsch Colonel Van Benschoten Colonel Finger Professor McDougal Professor Reed and Commissioner Wiley were present and undertook an inspection of the School Colonel Benjamin HO Schleider Jr J AGC USAR an attorney in Houston Texas served as the Recorder
Briefing of Board of Visitors
7
Eberhard P Deutsch Attorney at Law arid senior partner of the law firm of Deutsch Kerrigan and Stiles New Orleans Louisiana Editor-in-Chief of the American Bar Association publication The International Lawyer Colonel United States Army Reserve (Retired) and Civilian Aide to the Secretary of the Army from Louisiana
John H Finger Attorney (It Law San Francisco Califorllia and senior partner of the law finn of Finger Brown and Abramson past president of the California Bar Association Colonel United States Army Reserve (Retired) the JlI dge Advocate Generals Corps
Myres S McDougal Sterling Professor of Law The Yale Law School New Haven Connecticllt former president of the Association of American Law Schools
8
Honorable Alfred P Murrah Director Federal judicial Center Senior jude and former Chief judge 10th Circuit US Court of Appeals
john W Reed Ann Arbor Jvlichigan Professor of Law The University of Michigan Law School and Wayne State University Law School Director The Institute of Continuing Legal Education former Dean of the University of Colorado School of Law
Honorable Richard E Wiley Commissioner Federal Communications Commission former General Counsel Federal Communications Commission former Chairman of the Young Lawyers Section of the American Bar Association former partner in the firm of Burditt and Calkins Chicago Illinois former Captain in the judge Advocate Generals Corps US Army
9
Birney M Van Benschoten Attorney at Law New York City General Counsel for American Overseas Petoleum Ltd [Caltex Group J Colonel United States Army Reserve (Retired) the Judge Advocate Generals Corps Honorary Member of Board of Visitors
Following its visit the Board submitted its report containing the following comments and conclusions
a The Board was highly impressed with the efficient organization of the School The Commandant of the School is a highly energetic well-motivated and farsighted educational leader who without question has a high degree of cooperation and support at all levels of the staff and faculty The School is a credit to the Corps
b The Board believes it is an important role of the School to continue its present practice of constantly reviewing its curriculum and objectives Of necessity some of the educational missions of the School must be concerned with how-to-do-it courses and as is recognized by the School it is also important to have an academic environme1t to give it the quality of graduate-type curriculum
c It is believed by a majority of the Board that continued use of the thesis program is an important element in furthering the balance of practical instruction and purely academic thinking Consideration should be given to reorienting the thesis program toward longer range problems that may confront the military legal profession in the future rather than present problems
d The objective of increasing the variety of elective courses of students in the Advanced Course is highly desirable and should be continued and expanded to the extent feasible
e A specific compliment must be paid to the Librarian of the School for her diligent work in the cataloging and development of the acquisition plan of the Library Tremendous improvement has been seen in this one area and a tremendous amount of obvious hard work should not go unnoticed
10
Section 5
Allied Officer Program
Allied Officer Students During Fiscal Year 1973 the Judge Advocate Generals School was privileged to have as students in the 21 st Advanced Course and the 66th Basic Course allied officers from the United Kingdom Iran Jordan Pakistan and the Philippines See Appendix C
The Allied Officers received the same instruction took the same examinations and submitted written papers and theses as did their American colleagues These requirements indicate the high level of fluency in both the written and spoken aspects of the English language that these officers had achieved prior to their arrival at the School
During their stay the Allied Officers were escorted on tours of Jamestown Williamsburg and Norfolk In addition Allied Officers attending the 21 st Advanced Course
COL Fillton with LTC Ridao of the Philippines Squadron Leader Anwar of Pakistan and ivlA] Tehrali
of [ran Members of the 21st Advanced Class
1 I
Mrs Tehrani assists COL Douglass in Promoting MAJ Tehrani
Dean Monrad C Paulsen of UVA Law School visits with LTG Modares and MC Behzadi
12
wcrl cscorted on a DCSOPS Orientation Tour
or Washington DC for a one-week period
illlied Officer Gua dUC Visits On
2 November 1972 the annual banquet
honoring the Allied Officers was held at the
Monticello Hotel Distinguished guests
included The Judge Advocate General
LTG Modares Chief of the Iranian Judicial
Department and MC Behzadi Prosecutor
Ceneral Imperial Iranian Armed Forces
Other distinguished allied officers were
gucsts of the School for orientation visits
during the period covered by this report See
Appendix L
IvJAj Selwood (UK) 66th Basic Class
Allied Officer Gala
13
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Section 6
Interagency Education
The School continued this year to provide legal education to personnel from the other services and agencies within the Federal Government During the year our courses were attended by 48 Navy and Marine Corps officers 49 Air Force officers and 138 civilian employees of the Government from the Department of the Interior NASA the Atomic Energy Commission the U S Postal Service GSA FAA U S Water Resources Council the Department of Transportation GAO NSA the Department of Agriculture SBA ACTION USIA and the Army-Air Force Exchange System Our Basic Course provides the introduction to service oriented law for all of the Coast Guard legal officers and we provide a source of further education for the Coast Guard with our specialized programs
Coast Guard Officers and their Ladies at Basic class Reception
15
Captain William H Parks USMC a member of this years 21st Advanced Oass will be remaining at the School to join our faculty in the international and criminal law fields
Throughout the year the exchange of ideas methods and experience which was made possible by the inter-agency utilization of the School has been of immense value to all of the personnel and organizations involved
Representing the Women Attorneys in Uniform at T]AGSA
LT Dufford user (Basic class) CPT Casper USA (Basic Class) CPT Plaut USA (Basic Class) MA] Hunter USA (Faculty)
CPT Albertson USMC (Adv Class)
CMDR Cassani USCG Presents Basic class Diploma to LT Winona G Dufford USCG
CPT William H Parks US Marine Corps Representative on T]AGSA Faculty Teaching a class
in International Law
16
CHAPTER II
ACADEMIC DEPARTMENT
Section 1
Function and Organization
The Academic Department develops and conducts the Schools instruction for judge advocates in the active forces and Reserve Components Resident courses include the Judge Advocate Officer Basic Course an introductory course in military law for judge advocates initially entering active service and the Judge Advocate Officer Advanced Course which provides an academic year of graduate level study in military law and related fields During the year the department presents several specialized continuing legal education courses ranging from one to three weeks in length These include courses in military justice procurement law international law military personnel and administrative law law relating to military installations legal assistance claims litigation and environmental law Federal civilian employee law and a military judge course designed to qualify judges for the military judiciary The student body includes active duty and Reserve Component judge advocates of the Army Navy Air Force Marine Corps and Coast Guard civilian attorneys employed by the Federal Government and judge advocates from foreign countries The department also offers courses for warrant officer legal administrative technicians and enlisted legal clerks such as a Law Office Management Course the Noncommissioned Officer Educational System (NCOES) Advanced Course and courses for the training of paralegal assistants for military lawyers A three-day Senior Officers Legal Orientation is presented to brigade and installation commanders and other senior line officers In addition the department is responsible for all COL William S Fulton Jr of the Schools nonresident instruction Director Acade mic Department
17
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including the preparation and administration of extension courses the preparation of training material for judge advocates attending United States Army Reserve Schools or serving in Reserve Component units and the presentation of on-site instruction to Reserve Component unit judge advocates at their home stations
During the Fiscal Year 1973 36 resident courses were conducted with 1268 students in attendance Of the 998 Army officers attending courses 783 were active duty
LTC David A Fontanella Chief Civil Law Division
personnel and the remaining were reserve component officers Courses conducted during Fiscal Year 1973 appear at Appendix D Courses scheduled to be conducted during Fiscal Year 1974 are set forth in Appendix E
The official source of infonnation concerning courses of instruction at all Army service schools including The Judge Advocate
LTC Hugh R Overholt Chief Criminal Law Division
Generals School is the US Army Formal Schools Catalog (Department of the Army Pamphlet 350-10) That catalog provides detailed information for staff officers commanders and personnel officers who are concerned with the selection of individuals for school attendance for commissioned officers both active and reserve of the armed forces and all civilian employees of the Government who are interested in attending particular courses and for others who may MAl James R Coker wish to acquaint themselves with the Armys Cllie ICL Division
19
training opportunities In addition Army regulations govern related matters such as attendance by military personnel from foreign countries Quotas for the courses mentioned above except for the Military Judge Course and the Warrant Officers Course may be obtained through usual command channels Quotas for the Military Judge Course are controlled by the U S Army Judiciary in Washington DC Particular inquiries concerning quotas may be addressed to the Commandant The Judge Advocate Generals School US Army Charlottesville Virginia 22901
The organization of the department includes Civil Law Criminal Law International and Comparative Law and Procurement Law Divisions The School is fortunate to have a highly qualified and exceptionally well-motivated faculty The average tenure of the faculty member is three years with an absolute minimum of two full academic years The majority of the faculty has had graduate legal training with some members of the faculty having graduate training in other disciplines An important adjunct member of the faculty is the Schools Educational Advisor Dr John Sanderson Assistant Dean University of Virginia School of Education Dr Sanderson serves as a consultant on a variety of educational problems at the School with primary emphasis on methods of testing and teaching
A Deputy Director for Nonresident Instruction will coordinate Department efforts in the area of military legal instruction for ROTC in other service schools and in the USAR schools He will also coordinate and administer the Schools extension correspondence course program The on-site instruction program will be administered by the Deputy Director for Nonresident Instruction in coordination with the Assistant Commandant for Reserve Affairs
MAJ Richard E Mowry Dr Jolm A Sandcrsoll Chief Procurement Law Division Edlcati01lal Advisor
20
Section 2
Judge Advocate Officer Advanced Course
GClZcral This course offers an academic year of graduate study in all areas of military legal practice Highly qualified judge advocates of the Armed Forces of the United States and allied nations are selected to attend
The Advanced Course is designed to provide an opportunity for experienced judge advocates to renew the study of legal principles in an academic atmosphere The students are encouraged to apply modern legal theory to the problems arising in military settings thus preparing them to be more effective legal advisors to high-level military commanders and to assume positions of substantive responsibility in the offices of The Judge Advocates General
All students take the core curriculum of the four disciplines presented at the ScJh)ol--criminal law civil law international law and procurement law Supplementing
An Afternoon with a General Officer NIG Prugh in an informal seminar with members of Advanced Class
21
the core curriculum are electives presented by the University of Virginia and by the School
Successful completion of the course requires submission of a thesis of graduate level quality which makes a substantial contribution to military legal scholarship A thesis evaluation committee composed of the thesis advisor guest member and School representative grade each paper hear the oral presentation of the thesis by the student and examine the student orally following his presentation Thesis topics and scope notes of members of the 21 st Advanced Class may be found in Appendix F Guest members of the thesis evaluation committees are listed in Appendix G
Additional features of the Advanced Course include the newly instituted program of afternoon discussions with general officer judge advocates and practicing field staff judge advocates and full participation in the Schools conference programs The Advanced Class students have the opportunity to see international law and diplomacy in action when they travel to New York City for a visit at the United Nations During the three-day tour the class receives detailed briefings from the United States United Nations and foreign diplomats and legal advisors The students are given a complete tour of the UN Headquarters A trip to Washington D C provides class members an opportunity to be admitted to practice before the Supreme Court of the United States visit congressional hearings observe proceedings of administrative agencies and receive an orientation at the US Army Judiciary where class members may be admitted to the bar of the US Army Court of Military Review
S PRESENTED BY 21ST ADVANCED CLASS
1972-73
Plltlquc Syilluoliilli2 the 21st Advanced Class Gift of
Trees for Courtyard of NcUJ JAG School Building
22
Shortly after locating at the University of Virginia the quality of The Judge Advocate Generals School Advanced Course Program was brought to the attention of the American Bar Association A detailed inspection of the School by ABA represen ta tives was concl ucted anel 0 n 22 February 1955 the School was accredited by the ABA and its Advanced Course deemed worthy of the Master of Laws degree This accreditation was reaffirmed after a three-day inspection of the JAG School in March 1971
The 21st Advanced Class began on
28 August 1972 with 43 students 111 LTC Loftus Class Leader attendance 35 US Army Judge Advocates 1 US Navy Judge Advocate 4 US Marine Corps Judge Advocates 1 officer from Pakistan 1 officer from the Philippines and I officer from Iran The class was graduated on 1 June 1973 A list of the graduates is contained in Appendix H and the academic awards are noted in Appendix I
Han Hadlai A Hull Assistant Secretary of the Army
(Financial Managernellt) Graduation Speaker for 21 st Adlanceci Class
23
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Coursc Structurc The FY 73 Advanced Course was conducted in two semesters as follows (bracketed numbers following course titles refer to number of semester credit hours granted for that course eg [4 J)
REQUIRED COURSES - FIRST SEMESTER
GOVERNMENT CONTRACT LAW I [3]
The course deals with general principles of government contract law the role of the judge advocate in the procurement process the appropriations process procurement methods contract types and modifications Attention is also given to cost principles and truth-in-negotiations as well as socio-economic policies
CRIMINAL LAW I [2]
This course focuses on the criminal process to include initiation of processjudicial responsibilities of the commander parties to the proceedings trial processes and the appellate process Problems in jurisdiction pretrial confinement trial publicity and professional responsibilities are also considered in roundtable discussions
MILITARY AND CIVILIAN PERSONNEL LAW [2]
A survey of military personnel law civilian personnel law and labor-management relations with emphasis on policy considerations and the lawyers role Special attention is given to legislation personnel affairs litigation conflicts of interest and release of information
INTERNATIONAL LAW I [2]
A basic outline of the rules of public international law as a system or tool used by nations to control guide clarify and proceduralize the relations between nations traditional and contemporary views of international law the state international and regional organizations associations and individuals as participants in the system how decision-making authority is allocated in the system on the basis of jurisdiction and municipal law and peaceful means of dispute resolution concentrating on types of international agreements
MILITARY ORGANIZATION AND OPERATIONS [2J
The organization of the Department of Defense and the Department of the Army to include the organizations missions functions and inter-relationships of DOD Army staffs and major commands and agencies the organization and command structure of an
25
overseas theater of operations to include the command relationships in joint and combined commands and the territorial organization of the theater of operations
REQUIRED COURSES -- SECOND SEMESTER
CRIMINAL LAW II [3]
The course covers constitutional criminal problems trends and developments under the Manual for Courts-Martial United States 1969 (Rev ed) and the Fourth Fifth Sixth and Eighth Amendments Consideration of the law of crimes drugs and affirmative defenses is followed by discussion of wiretapping custodial interrogation psychiatric evidence and search and seizure The course includes discussion of corrections and extraordinary relief
LEGAL PROBLEMS OF COMMAND [2]
A survey of the law of military reservations (jurisdiction and conflicts of law) regulatory law civil rights and management (manpower and fiscal) Special emphasis is given to race relations environmental law dissent command authority and control of military installations
GOVERNMENT CONTRACT LAW II [2]
This course is a continuation of Government Contract Law I It focuses on contract administration covering such areas as contract terminations inspection acceptance and warranties and disputes and remedies Attention is also directed to nonappropriated funds off-shore procurement and service contracts
MANAGEMENT FOR MILITARY LAWYERS [2]
Manpower management includes discussion of manpower vouchers staffing guides preparation of Schedule Xs modification of TDAs the relationship between spaces dollars and position delineation Fiscal management emphasizes the fiscal process of budget programming execution and review at the installation level Personnel management stresses the hehavioral science approach to management of people including job enrichment and motivation theories of organizational psychology The military lawyer analyzes his own management style with Blakes Managerial Grid and measures his ability to understand and motivate subordinates
INTERNATIONAL LAW II [2]
A study of the involvement and interrelation of nations through the concepts of
26
self-defense intervention human rights and various types of warfare A detailed examination of the laws of warfare concentrating on land warfare but including sea and air warfare the reporting handling and processing of violations of the law of war by national and international agencies and Geneva Convention training and the role of the military lawyer in implementing the rules of the Law of War
IiLc[rVE COURSES -- FIRST SEMESTER
FEDERAL CLAIMS AND LITIGATIGN (I credit)
A study of the procedure and basis for
the acijuciiciation payment and collection of claims by the United States with emphasis on the Federal Tort Claims Act Military Claims Act and claims in favor of the United States under the Federal Claims Collection Act and the Medical Care Recovery Act Actual claims problems and their resolutions stressing litigation and court decisions will highlight
the growing importance of claims administration 1I1 the field Future responsibilities of the judge ldvocate will be outlined in a treatment of the Federal litigative process with discussion of service of process pleading motions and discovery Squadron Leader Anwar Entertains
under the Federal Rules of Civil Procedure
INTERNATIONAL LAW OF HUMAN RIGHTS (I credit)
Working with international documents to include the OAS Charter the Genocide Convention European Human Rights Convention General Assembly Declarations and the 1949 Geneva Conventions as well as with various national constitutions the student will
examine those human rights generally respected by nations The role of the Judge Advocate Officer in implementing these rights within the military through education training preventive law or other programs wiII be discussed Thus the student will be better able to advise and assist commanders and their personnel both before and during hostilities Using individual problems each student will make an oral presentation and submit a short
paper on his problem area
27
MILITARY JUSTICE LEGISLATION SEMINAR (I credit)
This seminar addresses the following pending bills (1) requiring unanimous verdicts by courts-martial 0) Hatfields joint service concept (3) Bayhs court-martial commands (4) random selection of court members (5) pretrial procedure-investigation by magistrate and bail (6) increasing power of judge to sentence suspend and defer sentences (7) proposals to eliminate the post trial review or remove it from the convening authority (8) proposals to increase the jurisdiction of military appellate courts and to allow direct appeal from the Court of Military Appelt1ls to tha United States Supreme Court (9) the scope of Article 62(a) and (10) proposals to extend the military contempt article The objectives are to familiarize the class with the pending legislation and to stimulate creative thinking The seminar begins after the class has sufficient grounding in current military law to appreciate suggestions for change Each student writes a short paper which recommends new legislation criticizes current proposals or advocates adoption of a current proposal
CONTEMPORARY JUDGE ADVOCATE PROBLEMS 0 credits)
This seminar meets 12 sessions of two hours each for discussion of a variety of problems facing the military lawyer to include his relationship to the Army the educational program for military lawyers judge advocate responsibilities for resolving contemporary
Advanced Class Skit at [jAGSA Purty
28
pro bkll1s including flow of gold drug abuse racial confrontations pli bl ic and communi ty
rciltions professional responsibilities of clefense counsel control of courts-Illartial hy
military judges organization training and retention of reservists judge advocate office
organization war crimes problems civilian offenders and responsibility in scntencing of
offenders Each student will make a presentation and lead a group discussi)n A slnrt
paper is required
ILnCl1VE COURSES -shySECOND snMESTER
PI RSONAL LEGAL PROBLEMS OF
llL1TARy PERSONNEL II [II
This i~ a continuation of the first
semester seminar on legal assistance topics of
concern to judge advocates supervising
counseling services for military personnel and
thcir dependents The seminar will treat
common legal problems in the following
areas real estate transactions estate
planning investment counseling domestic
relations motor vehicle ownership and
military retirement programs and benefits
SJA OPERATIONS IN MILITARY JUSTICE [IJ
An examination and analysis of the organization problems and operation of the
Staff Judge Advocate office in the field of Military Justice The seminar will include
discussions of the organization of the Military J Llstice Division wi th i n 1 Staff Juclgc
Advocate office and relationship of the Staff Judge Advocate to the Deputy Stafr Judge
Advocate Chief of Military Justice Chief of Staff Commanding Genera inferior
courts-martial convening authorities the Provost Marshal and civilian law LnforCLment
personnel The seminar will also examine the processing of inferior cOllrh-Illartiil ll1d
Article 15 UCMJ proceedings pretrial and post trial processing of glneral courts-martial
the detailing of court members counsel and the military judge and the lundling or confinement problems
CONTEMPORARY MILITARY POLICY 12J
The purpose of this seminar is to promote understanding of thL Army till (lCLl]
and political environment in which it operates and selected military pulicy h)llc
confronting the nation and its armed forces
IMPLEMENTATION OF THE LAW OF WAR [I]
A review of 1972 and 1973 draft protocols and papers prepared by the International Committee of the Red Cross for implementation of the law of war in international and non-international conflict In context of US military force structures weapon systems and modern warflre a determination of an acceptable Army position on such proposed agreements Preparation of a position paper on a limited number of issues most pertinent
to the Army
GOVERNMENT CONTRACTS AS AN INSTRUMENT OF SOCIAL POLICY [I J
A study of the socio-economic policies in Government contracting their effectiveness and other alternatives to meet the social problems in the United States today Specific socio-economic policies covered will include small businesses labor standards labor surplus and labor surplus set-asides Buy National programs and equal opportunity programs
WEAPONS SYSTEMS ACQUISITION III
A study of the process of procurement of major weapons systems problems of such procurement and possible im provements to the process The proced ure will be traced
from the initial decision between competing systems to the selection of the source fm svstem development
30
Section 3
Judge Advocate Officer Basic Course
GellerLlI The life blood of the Judge Advocate Generals Corps is the grlduates of the twelve-week Basic Course which consists of Phase I four weeks presented at the U S Army Military Police School at Fort Gordon Georgia and Phase II presented in eight weeks at TJAGSA The Basic Course is a practical how-to-do-it course as contrasted with the graduate level Advanced Course Highlights of the course are instruction in the four major fields of military law and in practical exercises which will prepare the newly appointed judge advocate for his first duty assignment and particularly for military criminal trial practice
A moot court program is a continuing feature of the instruction given Basic Course students This program is designed to give new judge advocates practical experience in military trial practice and procedure Moot courts are simulated general courts-martial
Husband alld Wife Legal Teams in 65th Basic Class CPTs Peter alld Joyce Plaut and CFTs Joseph and Madge CCLlper
31
based on fact situations prepared by faculty members The positions of trial and defense counsel members of the court and witnesses are filled by members of the Basic Course Each student has at least one opportunity to act as trial or defense counsel The military judges part is played by members of the staff and faculty the Advanced Class or the
U S Army Judiciary who are certified military judges
Each class travels to Washington D c where they are admitted to practice before
the United States Court of Military Appeals
During FY 73 four Basic Courses-the 65th 66th 67th and 68th--were conducted at the School A total of 238 officers were graduated including IS officers of the United States Coast Guard and one allied officer each from Jordan and the United Kingdom A list of the graduates of the Basic Classes is contained in Appendix J and the academic awards arc noted in Appendix K
MG Harold E Parker The Assistant Judge Advocate General Gives Basic Class Graduation Speech
32
Course Structure The course curriculum and scope are as follows
CRIMINAL LAW [88 platform hours]
Introduction (2) Jurisdiction (2) Evidence (IK) Trial Technique (6) Documentary Evidence and AWOL (4) Affirmative Defenses (6) Review of Inferior Courts (2) Appellate Review and Extraordinary Relief (3) Procedure (26) Interview of Witnesses and Accused (3) Pretrial Advice and Post Trial Review (6) Article 15 (4) Review for Examination (2) Examination (4)
CIVIL LAW [74 platform hours]
Introduction (1) Military Personnel Law (9) Civilian Personnel Law (4) Labor-Management Relations (4) Boards of Officers (3) Law of Military Installations (12) Military Assistance to Civil Authorities (2) Claims and Litigation (12) Legal Assistance (12) Civil Rights (2) Drug Abuse (2) Dissent Seminar (2) Race Relations (4) Research Problems (6)
PROCUREMENT LAW 66th Basic Class Gift [21 platform hours] Being Presented to Commandant
Introduction and General Principles (3) Appropriations Process (2) Judge Advocate Responsibilities (2) Procurement Methods (4) Contract Types (1) Socio-Economic Policies (1) Nonappropriated Fund Procurement (I) Disputes and Remedies (2) Inspection Acceptance and Warranties (I) Examination (I)
INTERNATIONAL AND COMPARATIVE LAW [10 platform hours]
Recognition of problems involving international and foreign law with respect to claims and legal assistance and sources for solutions to such problems (I) Basic rules of criminal jurisdiction under status of forces agreements the Trial Observers Report (I) The fundamental laws and rules of the Law of War (2) Techniques of Military Instruction (2) Geneva Convention Training (2) Recurrent problems in using or instructing 011 the Law of War (2)
MILITARY OPERATIONS AND MANAGEMENT [4 platform hours]
Introduction to U S Defense structure and command and staff relationships within
33
this structure with emphasis on the relationships between the commanding officer of the installation Staff Judge Advocate and other installation command and staff elements
RACE RELATIONS SEMINAR [4 platform hours]
Students survey current race relations problems at the military installations based upon case studies in order to detennine the cause and effect of racial tensions Seminar participants discuss statutes regulations and current Army policy designed to prevent discriminatory practices and promote racial harmony in the military service
LEGAL RESEARCH PROBLEMS [8 platfol111 hours]
In this office practice exercise each student researches and prepares an opinion on selected legal problems commonly encountered at the militalY installation He then makes a classroom presentation of his work using an appropriate pedagogical technique with a view towards instructing his fellow students in the law
Basic Class Recep tion
34
Section 4
Resident Continuing Legal Education Courses
CIVIL LAW I (5F-F5)-Two phases (l week each)
Phase I--Law of Military Installations Law and current legal problems relating to military reservations nonappropriated funds military assistance to civilian authorities and installation management with special emphasis on control of installations and challenges to commanders authority by court processes
Phase II--Claims Claims regulations and procedures with emphasis on the Federal Tort Claims Act and claims in favor of the Government Panel discussions on injury evaluation and medical care recovery highlight the practical aspects of the course
CIVIL LAW II (5F-F2)--Two phases (1 week each)
Phase I--Personnel and Administrative Law A study of statutes regulations and court decisions concerning military personnel law boards of officers conflicts of interest military compensation line of duty determinations and release of information Attention will also be given to current administrative law problems with panels of experts
Phase II-Legal Assistance Study of current legal problems and court decisions which affect the military serviceman including consumer protection family law taxation immigration small claims property settlements and bankruptcy
INTERNATIONAL LAW (5F-F3)--2 weeks
International agreements jurisdiction State responsibility Status of Forces Agreements conduct of hostilities war crimes and internal armed conflict Geneva Conventions and the New Protocols Responsibility and Superior Orders
JUDGE ADVOCATE OVERSEAS OPERATIONS (5F-F14)--1 week
A review of civil and criminal codes of countries where large numbers of US personnel are stationed and the rules established for the conduct of US personnel through Status of Forces Agreements Emphasis is upon the role of the judge advocate in assisting US personnel in the conduct of their legal affairs in a foreign country in protecting
35
jJAl Rice
MAl Suarez
the interests of the Government in civil litigation and in protecting the interests of US personnel charged with crimes by a foreign country
JUDGE ADVOCATE RESERVE COMPONENT FIELD GRADE OFFICER REFRESHER (S-27-C8)-2 weeks
To further qualify the judge advocate in matters relating to the performance of legal duties involving international and comparative law and administration of military justice and to provide a more comprehensive knowledge of the fundamental principles of Government contract law and the role of the procurement legal advisor organization of the Army developments in tactics military correspondence command and staff procedures and National Guard and Army Reserve activities
LAW OF FEDERAL EMPLOYMENT (SF-FI0)-1 week
Civilian Personnel Law Hiring promotion and discharge of employees under the FPM and CPR role of the Civil Service Commission procedures for grievances appeals and adverse actions personal rights of employees
Labor-Management Relations Rights and duties of management and labor under Executive Order 11491 and DOD Directive 14261 negotiation of labor contracts impasse mediation administration of labor contracts and procedures for arbitration of grievances
LAW OF WAR amp CIVIL MILITARY OPERATIONS (SF-F4)-2 weeks
A review of the basic law of war with an up-date on the latest changes and developments in the area A detailed examination of international customs and treaty rules affecting the conduct of
CPT IlIlwinl~elried
36
us military forces in civilmilitary operations and in all levels of hostilities The Geneva Conventions and their application in civilmilitary operations and in various types of combat operations and missions to include problems of refugees labor psyops
legislation and public relations
LITIGATION AND ENVIRONMENT LAW (SF-FI3)--1 week
Review of Federal Rules of Civil Procedure Judge Advocate coordination with Department of Justice and procedural law relating to practice before administrative agencies Preparation of litigation reports and techniques of evaluating liability and amount of damages
MILITARY JUDGE (SF-F9)--3 weeks
To qualify military lawyers to perform duties as full-time military judges at courts-martial with emphasis on special courts-martial Conference panel and seminar forums are utilized to cover substantive military criminal law defenses to crimes instructions to the court rules and principles of evidence trial procedure and current military legal problems
MILITARY JUSTICE (SF-Fl)-Two phases (I week each)
Phase I--Administration of Military Justice An examination of the administration of military justice to include recent developments in criminal law and the functions and problems invoived in pretrial and post-trial procedme
Phase IJ-Trial Advocacy Intensive instruction in trial practice to include problems confronting trial and defense counsel
37
CPT AdatIs
CPT illlltall
CFJ lurJut
MAJ McGo lIA1i1
AlA) LlIlc
AJAr Gilligal
PROCUREMENT ATTORNEYS (5F-Fll)-2 weeks
Study of legal problems arising in the following areas general principles including the authority of the Government and its personnel to enter into contracts contract formation including appropriations formal advertising basic contract types and socio-economic policies contract performance including modifications~ disputes including remedies and appeals
PROCUREMENT ATTORNEYS ADVANCED (5F-FI2)-2 weeks
Study of legal problems arising in the following areas incentive contracting funding competitive negotiation socio-economic policies Government assistance state and iocal taxation modifications weapons system acquisition truth in negotations terminations labor relations problems contract claims and litigation
SENIOR OFFICER LEGAL ORIENTATION COURSE-3 days
Civil law to include installation management labor management relations military personnel law llonappropriated funds investigations legal assistance claims and litigation criminal law to include search and seizure confessions the responsibilities of the convening authority before and after trial and the options available to commanders in varibus military justice situations
STAFF JUDGE ADVOCATE ORIENTATION COURSE (5F-FI 5)--1 week
A survey of new developments in the areas of military justice civil law procurement and international and comparative law
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Section 5
Nonresident Instruction
The Office of Nonresident Instruction was added to the Academic Department to coordinate and administer the various forms of nonresident instruction offered by the School The office is headed by the Deputy Director for Nonresident Instruction
The office is divided according to the instructional methods employed The immediate office of the Deputy Director is responsible for supplying instructional materials for use by instructors at other institutions Materials are supplied annually to USAR Schools for instructing 7000 Officer Advanced Course and 2000 Officer Basic Course students of other than J AGC branches and 85 JAGC Advanced Course students ROTC cadets receive instruction on their college campuses utilizing NRI materials The Deputy Director also maintains liaison with the US Military Academies other Army service schools and schools of other Armed Forces Active Army unit training support is also a function of the office
The Correspondence Course Office is responsible for supplying students with self-instructional materials Approximately 2500 students are carried on the rolls annually including officer and enlisted personnel of the Active Army and Reserve Components andmiddot personnel from allied nations About 20000 correspondence course students of other Army service schools take subcourses supplied by NRI
39
MAj james A Endicott Jr Dep Dir for Nonresident Instruction
CPT joseph W Hely Jr and Mr Robert 11 Alerritt
The following courses are currently offered by correspondence
Judge Advocate Basic Indoctrination Course
Judge Advocate Advanced Course
Special Courses Specialization Courses for Senior J AGC Officers Military Law for Commanders and Staff Officers Course Legal Warrant Officers Course MOS 713A J AGC Senior NCO Course GCM Legal Clerks Course MOS 71D50 SPCM Legal Clerks Course MOS 71 D20
All Advanced Course students enrolled on 1 September 1973 will be required to complete a writing requirement administered by the Deputy Director Thesis advisors will be assigned to each student to assist in topic selection and organization of the 15-20 page 3000 word minimum papers
CJYr (P) Terry Devliu IS Promoted (Finally)
40
Section 6
Paraprofessional Courses
The Legal j)artl[JToessional The implementation of the Military Justice Act of 1968 and the Pilot Legal Assistance Program have placed extraordinary demands on the time of the Army lawyer A partial answer to these demands is the development of military legal paraprofessionals During the second week of February the Civil Law Division conducted the first Legal Paraprofessional Course in legal assistance The course attended by 21 secretaries and enlisted men from Army and Coast Guard judge advocate offices is the first step in the fonmll development of legal para professionalism in the Army The Criminal Law Division also graduated its first group of paraprofessional students in February 1973 The paraprofessional courses are designed to instruct legal lay assistants in the duties and administration of the military justice division of installation judge advocate offices It is planned that future instruction in these resident courses will include
PARAPROFESSIONAL COURSE--CIVIL LAW-I week
Legal research and instruction in legal assistance to include interview techniques recognition of non-legal problems preliminary drafting of routine legal documents and other substantive legal matters
PARAPROFESSIONAL COURSE--CRIMINAL LAW-I week
An overview of the entire military justice system disposition of charges interview of witnesses preparation of vouchers subpoenas depositions and similar documents administrative review of Article 15 punishments and other substantive legal matters
WARRANT OFFICER AND SENIOR LEGAL CLERK COURSE (7 A-713A 7lD50)--1 week
Review and discussion of the legal administrative technicians and senior legal clerks roles as office managers of a judge advocate office or activity with particular emphasis on effective management of personnel equipment work flow and fiscal resources
LAW OFFICE MANAGEMENT-l week
A new course for warrant officers and senior legal clerks in March 1974
41
Cl1middot)2 Clorlcs L West jJ(r(leyal Fraililly Officer
BG Lawrence H Willimrls Assistallt jucZle Advocate General for Military Law
Prescnts Diplolla to DistillYllished Gradllate of NCOES COllrse
42
NONCOMMISSIONED OFFICER EDUCATION SYSTEM On 15 June 1973 the School graduated its first NCOES Course The initial input of 12 students MOS 71D and 71 E were tracked with MOS 71 L (Administrative Specialist) students during the first nine weeks of schooling conducted at Fort Benjamin Harrison The final two weeks of advanced MOS training 71 D and 71 E were conducted here at Charlottesville
CPT WorkmanCPT Wagller
lVIA] White CPT Robie
43
1972 JAG Conference BG Persons 13G Montgomery US4R Mr Kendall Barnes GC AMC BG UpjJ USAR BG Babbitt foreground
Receptioll HOllorillg Conference Banqzl(t Speawr Mr jllstice 10111 CZellh MG Prugh Mr justice Clark Mrs Douglass COL Douglass CfYr Griffin
44
CHAITER III
CONFERENCES VISITORS AND SEMINARS
Section 1
JAG Conference
During the week of 1-5 October 1972 the School again hosted the world-wide JAG Conference an annual event which brings together senior judge advocates from all major Army Commands throughout the world as well as representatives from the sister services for the discussion of current problems and developments in military law Speakers and panelists provided updates and briefings on all aspects or criminal civil procurement and international and comparative law
A unique feature of the 1972 Conference was the attendance by personal invitation of The Judge Advocate General US Army of a number of JAGC warrant officers and
Mr JOllil l lJlIstCriU lr I Fred J)llhardt
45
senior legal clerks Headlining the Conference list of speakers was Mr Justice Tom C Clark who was the banquet speaker Other distinguished speakers included Department of Defense General Counsel 1 Fred Buzhardt Attorney General Robert B Morgan of North Carolina Deputy Assistant Secretary of Defense John A Busterud and Harvard Pro fessor Richard Baxter
Social events highlighting the evenings of Conference Week included the annual Conference Banquet the Icebreaker and a new addition this year an informal Hawaiian RampR party
Hawaiian RampR Hlrty
46
Mr Robert B Morgan
Section 2
The Judge Advocate Generals Reserve Conference
The School hosted the fourth annLlal Judge Advocate Generals Reserve Conference from 30 November to 2 December 1972 The conference focused on Special Interest Groups and Conferee Workshops Special Interest Groups included JAGSO Detachment Commanders ARCOM SJAs Training Division SJAs and Troop and Civil Affairs SJAs Workshops were conducted and reports made to the conference on the subjects of Civilian Personnel and Employee Unions Race Relations Environmental Law Search and Seizure and Drug Abuse
Among speakers and guests were Dr Theodore C Marrs Deputy Assistant Secretary for Reserve Affairs Department of Defense MG J Milnar Roberts Chief Army Reserve MG George S Prugh The Judge Advocate General MG Harold E Parker The Assistant
BG Upp BG Montgomery Dr Marrs COL Douglass and RADM Staring at Judge Advocate Generals Reserve Conference
47
LTC Fontullelle and COL Selleider
Jldge Advocate General BG Robert D Upp USAR Assistant Judge Advocate General Special Assignments (MOBDES) BG Edmund W Montgomery II Chief Judicial Officer (MOBDES) and Colonel William B Carne Chief Litigation Division OTJAG
Social events included an Icebreaker cock tail party at the Officers Open Mess and the Conference Banquet at The Holiday Inn Afton Mountain
COL Fulton and COL Garber
48
Section 3
National Guard Judge Advocate Generals Conference
The Second Judge Advocate Generals National Guard Conference was hosted by the School in Marcil As with the first conference emphasis was placed upon military law as it applied to the National Guard Conferees workshops were similar to those held during the Reserve Conference
Among the invited speakers and guests were LTG Harris W Hollis Chief Office of Reserve Components MG George S Prugh The Judge Advocate General MG Francis S Greenlief Chief National Guard Bureau MG Harold E Parker The Assistant Judge Advocate General and Mr Robert B Morgan Attorney General North Carolina
Social events included an Icebreaker cocktail party at the Officers Open Mess and the Conference Banquet at AftJn Mountain HolidJY Inn
AIG Chelley 11ze J[(z(e Advocate Gelleral of the Air Jorce
alld Air Force National Guard Participants at Conference
49
LTG and Mrs Hollis
COL James B Deerin
MG William ] McCaddiil T1w Adjutant General Va ARNG
50
Section 4
Speakers and Visitors
The professional atmosphere of the School is enhanced by an active guest speaker program through which distinguished experts are invited to address the various classes and the entire School community There are two formal lectureships established in conjunction with the two academic chairs at the School This year the Second Kenneth J Hodson Lecture in Criminal Law was given by Professor Yale Kamisar of the University of Michigan School of Law As mentioned previously the First Edward H Young Lecture
on Military Legal Education was given by Professor Delmar Karlen
Many officers governmental officials practicing attorneys and educators visit the
School to observe portions of its programs A list of the guest speakers and distinguished persons visiting in 1973 is contained in Appendix L
Mr Doll Droge Natiollal S(cllritv CollIcit Staff
51
MG Kenneth J Hodson Chief
USA Legal Services Agency
Prof Helmut Rumpf Office of the Legal Advisor
Foreign Office Federal Republic of Germany
Hon Robert M Duncan Judge US Court of Military Appeals
52
Mr Jack Stempler General Counsel us Air Force
Frederick Hernavs Iliiclicr COL -AGC (ltetj
l1JG Lloyd B Ramsey The Provost Marshal General
53
MG George S Prugh The Judge Advocate General of the Army
Prof Yale Kmnisar
JudRe Tim Murphy D C Superior Court
54
Section 5
Race Relations Seminar
From 17-19 January 1973 The Judge Advocate Generals School was host to a race relations seminar The seminar brought together judge advocates from CONUS and overseas commanders provost marshals and others experienced in race relations and military justice The primary purpose of the seminar was to aid judge advocates in advising their commanders and staffs concerning race relations and racial incidents and the handling of such
The two-day agenda included small--group discussions of such matters as the following
(a) Racial problems confronting judge advocates law enforcement and command authorities in the field
(b) Indicators and warnings of racial disharmony which may cause or contribute to offenses
(c) Guidelines for effective solutions to racial problems of the command
Cd) The role of the staff judge advocate in race relations 111 the command
This seminar was but a small part of the race relations program developed by the School during the past year Race relations instruction was an important feature of the
55
elYT Grahanl
elYl Criflill Race Relatiolls Illstructors
Race Relations Seminar
Basic and Advanced Classes Elements of this instruction included the basic causes of racial unrest in the military personal and institutional racism applicable civil legislation and military justice problems The Advanced Class curriculum also included a 12-hour race relations elective which dealt with both specific problem areas and served as a speaking platform for individuals involved in the race relations field In addition race relations instruction and workshops were held during the Annual Judge Advocate Generals Conference Reserve Conference National Guard Conference and many of the other short courses offered throughout thc year Additional instruction and seminars have been planned for the coming academic year in an attempt to meet the challenge of this extremely important and sensitive area
56
CHAPTER IV
DEVELOPMENT DOCTRINE AND LITERATURE
Created 1 March 1973 the Development Doctrine and Literature Department (DDL) is responsible for combat developments doctrinal and legal literature military operations and management and professional liaison and development In its role as combat developer for the Corps DDL must ensure that JACC will have the necessary resources to perform its mission in the Army in the future DDL has taken steps to end the court reporting equipment problem that exists today DDL members formerly with CDCJ AA which had initiated the justification for new court reporting equipment guided the project to AMC Procurement of the needed equipment is projected for the near future
In addition to ensUling proper materiel allocation DDL also ensures effective personnel allocation in planning for the Army of the future In the course of investigating personnel developments DDL prepared a recorm1ended Table of Organization and Equipment (TOE) for a separate defender program and prepared a staff study recommending the use of paralegal assistants LTC John L Costello Jr
Director Development Doctrineby military lawyers and Literature Department
Most recent of its developmental accomplishments is the experimentation in the area of Automated Legal Research Provided by the US Army Judiciary with volumes of courts-martial statistics DDL programmed the statistics into an automated data bank Such an automated system enabled DDL to rapidly and accurately make recommendations for more effective allocation of personnel while studying the feasibility of a separate defender program
DDL is charged with review of doctrinal literature for legal sufficiency and has provided input to force concepts and designs in the Armys combat development process Also of a doctrinal nature is the responsibility for instruction in military operations and
57
management The Military Operations and Management Division of DDL is responsible for all instruction in military arts and sciences the defense structure command and staff procedures and Army management
In keeping with its mission of professional development DDL provides an office for liaison with professional associations both legal and military In establishing liaison with professional associations such as ABA FBA AUSA etc that office has also monitored Law Day USA observances throughout the Army and coordinated after-action reports Enthusiasm for Law Day 1973 observances was enhanced by JAGCs receipt of a ABA Award of Merit for its 1972 observance
DDL is also responsible for publication of the Military Law Review The Army
Lawyer and the Judge Advocate Legal Service discussed in Chapter V
CPT John D Home Professional Liaison Office
58
MAJ James R Wessel Chief Military Operations
Management and Plans Division
-- - CPT Daniel Worlltin1
011 Computerized Study
CHAPTER V
PUBLICA TIONS
The Military Law Review a law quarterly identical in format to the leading civilian legal journals is distributed to all judge advocates in the Active Army and the Ready Reserve In addition the Superintendent of Documents Government Printing Office sells copies and subscriptions to all interested civilian agencies and individuals
The Law Review contains lead articles comments and notes of interest to military law practitioners Theses written by students of the Judge Advocate Advanced Course are a primary source of articles Comments notes and articles from judge advocates in all three armed services foreign military and civilian lawyers members of the staff and faculty law school professors reserve judge advocates and civilian attorneys are also published During Fiscal Year 1973 Volumes 57-60 were printed Instituted during this fiscal year was a series of comnents on historic courts-martial to be continued in future volumes of the Law Review
The Catalog of Advanced Class Theses was revised by the Publications Division and distributed during FY 72 A supplement to the Catalog was compiled and distributed during FY 73
The Judge Advocate Legal Service (JALS) is responsible for rapid dissemination of the latest military law and items of interest to judge advocates around the world J ALS is printed bi-weekly in Charlottesville Virginia and distributed in over 7600 copies to all three armed services J ALS digests all cases decided by the United States Court of Military Appeals most published Court of Military Review decisions Federal Court decisions affecting the armed services and actions by The Judge Advocate General under Article 69 Uniform Code of Military Justice
59
The Army Lawyer a how-to-do-it type journal provides practical and timely
information to judge advocates in the field This monthly periodical incorporates claims personneL and legal assistance information previously found in other publications
The Manual for Courts-iVlartial Annotation Third Edition (1973) a significant research tool on military law was prepared in an updated version during Fiscal Year
1973 as DA Pamphlet 27-13 The Annotation contains case citations a citation of appropriate regulations and a cross-index to the Military Judges Guide To facilitate
research the Annotation is designed to be interleafed on a chapter-by-chapter basis with the Manual
In addition the following texts were submitted during FY 73 to the Office of The
Judge Advocate General for pUblication as Department of the Army pamphlets
Administrative Law Handbook Eyjdence Jurisdiction Legal Guide for the Soldier Trial Proced ure
Printed as special texts to support
resident instruction in some cases pending availability as DA Pamphlets were the following
Civil Law Basic Oass Deskbook Criminal Law Basic Class Deskbook Effective Research Aids (Civil Law) Evidence Law of AWOL Military Administrative Law Senior Officer Legal Orientation Texts Trial Procedure
During the course of FY 73 many articles authored by members of the staff and facul ty and were pu blished A list of those articles is contained in Appendix M
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CPT Stephell L Buescher Clz ief Doctrine and Literature Division
CPT ] Alullill Editor Military Law Review
CHAPTER VI
RESERVE AFFAIRS
General The reorganization of the Army with the shifting emphasis on the Reserve program resulted in the establishment of the Office of the Assistant Commandant for Reserve Affairs arid Special Projects The overall mission of this office is to develop and implement a program to improve the readiness capability of the Army Reserve Component Judge Advocate Generals Corps personnel This mission has been broken down more specifically to provide for the career management of all JAGC reserve officers which includes providing liaison with the United States Army Reserve Component Personnel and Administration Center to develop and administer a program of technical training and to maintain liaison with the individual Reserve or National Guard components the Army Readiness Region Commanders and the CONUS Armies To accomplish these functions the Office has been subdivided into the Career Management Division and the Reserve Training Division
Career Management Division As a result of greater emphasis being placed on the Reserve program added consideration has LTC Keith A Wagner been given to the career management of all Assistant Commandant reserve component JAGC officers More for Reserve liffairs resources have been allocated toward advising individual reserve JAGC officers upon matters affecting their careers such as appointments transfer federal recognition of National Guard component officers and educational qualification for promotions This advice has become more important to the JAGC reserve officers because the competition for appointment assignment and promotion has become keener in the recent year
Career counseling is carried out primarily through correspondence but during the past two years with the JAGSO team training being conducted at TJAGSA personal interviews have been conducted by members of the divisions Such interviews are more desirable because in the course of this counseling the Reservists are alerted to important aspects of their career pattern Personal interviews are also conducted when officers of
61
LTC James N McCune Chief JACC Reserve Cornponents
Career hlanagement
the department make staff liaison visits to JAGSO detachments throughout the year Reserve units visited during FY 73 are listed in Appendix N
In the next academic year the channels of communication will be vastly improved by the on-site training to be given by the faculty from the School As part of these training visits the faculty member will bring back any inquiries from individuals regarding career problems to the Office of Reserve Affairs
As a further service to reserve component officers a Judge Advocate Reserve Components Directory is published annually This directory contains the names addresses type of assignment and the nature of civilian employment for more than 1800 Reserve component JAG officers
Reserve Component Training Divisioll The reorganization of the Army has resulted 111 the development of the Reserve Component Technical Training otherwise referred to as on-site training The program includes a six-hour block of instruction by faculty members from each of the four academic divisions of TJAGSA During the first academic year two hundred and twenty-five visits will be made under the program The purpose of the visits will be to bring all reserve component JAGC officers up to date on the most recent changes in military law and to inform the officers of the organizational changes in the JAG Corps
In addition the overall training program includes nonresident training on-the-job training of J AGSO Detachments at active Army installations throughout the country the Reserve Components General Staff Course and the cyclical resident training for specific J AGSO teams The on-the~job training is proving very successful During the past training year more than fifty percent of all J AGSO Detachments were participating in hands on training at active Army installations In addition all J AGSO teams except the 33 General Court-Martial tcams were assigned a training site appropriate for their mission for ADT 1973 ie Procurement teams to procurement centers Claims teams to Army Oaims Service etc
With regard to resident training during the summer of 1973 a trall1Jl1g program for General Court-Martial teams totaling over 210 men was conducted at TJ AGSA This training was supported by the 1050th USAR School West Hartford Connecticut and
62
included an update on court-martial procedures substantive law and a series of moot courts Greater emphasis was placed on training the court reporters and to that end new more sophisticated equipment was provided
Forecast for the coming academic year is the Reserve Component Technical Training (on site) and the Reserve Senior Officers Legal Orientation Course The SOLO course is designed for officers who are not members of the JAG Corps but who by virtue of their duties as commanders require a knowledge of military law In addition the US Army Reserve Judge Advocate Conference is scheduled for November 1973 and the National Guard Judge Advocate Conference is scheduled for March 1974 The purpose of these two conferences is to bring the senior
CPT Eldon D Robertsreserve component Judge Advocates to Chief Training OfficeTJAGSA to discuss common problems and
bring them up to date on the latest developments in military law and new innovations in the reserve program
Chief Judge Darden of the U S Court of Military Appeals and JAGSO Detachment Members at COMA Admission Ceremony
63
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CHAPTER VII
PROFESSIONAL ORGANIZA TrONS AND DEVELOPMENT
American Bar AssociLztion Pursuant to TJ AGSA policy the School maintained active participation in the American Bar Association during FY 1973 Five representatives from TJAGSA attended the ABA Annual Meeting in San Francisco during August of 1972 one of whom along with MG Prugh represented the Corps in receiving an ABA Award of Merit for outstanding observance of Law Day 1972 In additon four members of TJAGSA traveled to Cleveland in February of 1973 for the ABA Mid-Year Meeting
As an indication of the active participation by the personnel of the School many held positions of responsibility in the organization The Commandant served in an advisory capacity to the Standing Committee on Legal Assistance to Servicemen one member represented the Armed Forces (District 15) on the Young Lawyers Section (YLS) Executive Council as well as serving as Co-Chairman of the YLS Military Service Lawyer Committee one member served as Co-Chairman of the YLS Coordinating Committee and one member served as Vice-Chairman of the YLS Corporation Law Committee
President-Elect Chesterfield Smith of the American Bar Association presents Law Day Award to MG Prugh and CJYT Robie
65
Federal Bar Association The Federal Bar Association (FBA) which is composed of lawyers who are or have been in the employ of the United States Government in a legal capacity is represented here by the Charlottesville Chapter Not only did TJAGSA provide the chapters business office but also personnel of the School served in positions of both President and Vice-President during FY 73 In April of 1973 the Charlottesville Chapter of FBA hosted the TJAGSA Board of Visitors at a coffee
National Association for Law placernent An organization composed of law school placement offices as well as employers the National Association for Law Placement (NALP) seeks to increase communication between buyers and sellers in the legal job market Founded two years ago NALPs membership consists of some 95 law schools of which TJAGSA is one and 30 employers During FY 73 the School was represented at all meetings and conventions by the Post Judge Advocate who also served the organization as its Secretary
Associatioil of American Law Schools The AALS was chartered in 1900 and has a present membership of 115 schools throughout the United States The Judge Advocate Generals School does not meet the requirements for membership but is associated with the organization For a number of years the Commandant and Director of Academics as representatives of TJAGSA have attended the annual meetings held each year between Christmas and New Years
The faculty of The Judge Advocate Generals School is included in the directory of law teachers prepared by the AALS Faculty members are on the sections of the Association and work actively in the section on teaching methods and the section on studies beyond the first degree in law
Of particular interest to TJAGSA are the studies done by the AALS on Administrative Law Constitutional Law Criminal Law Professional Responsibility Trial Advocacy Continuing Legal Education Paraprofessional Legal Education Teaching Law outside of Law Schools and Teaching Methods
Associatioll of the Ul1ited States Army The Thomas Jefferson Chapter AUSA continued its active role in the Charlottesville community The 1973 Dogwood Festival Week was the occasion of several AUSA activities Two recently released POWs were honored at a cocktail party in the TJAGSA OOM at the conclusion of the annual Dogwood Parade On the following day AUSA hosted a record number of guests at its traditional Dogwood Luncheon The gathering was addressed by Congressman J Kenneth Robinson CR-Va) and honored guests included Miss Dogwood Festival Miss Virginia Miss New York and the US Army Golden Knights Parachute Team The Golden Knights accepted a memorial presentation from the Thomas Jefferson Chapter in remembrance of those
66
Air Force POlY MAl Normall Wells receives award fronl A USA Chapter President Walter L Srnith (l) and Virginia Congressnail Robinson (I)
members who had met their deaths earlier in the year as a result of a plane crash and performed a skydiving demonstration that evening at a local park Business offices for the Thomas Jefferson Chapter AUSA were maintained this year by TJAGSA
Professional Liaison and Development As a result of the Schools reorganization in March of 1973 an Office for Professional Liaison and Development was established in the newly formed Department of Development Doctrine and Literature This office has been charged with maintaining liaison with professional associations as well as monitoring Law Day Activities for J AGe
lACC Recruiting During the year several members of the staff and faculty visited various law schools throughout the
AUSA President Smith (r) presents Monticello picture to (l to r) Congressman Robinson ilIiss Dogwood 1972 and Commander of the Colden Knights
67
country in an effort to recruit senior law students for the JAG Corps In addition the School receives numerous inquiries concerning admission into the Corps Packets containing information on admission requirements are provided upon request TJAGSA personnel are called upon to counsel and advise individuals from the Charlottesville area and the University of Virginia who are seeking admission to the Corps
Alumni Association The Alumni Association continued to grow during the fiscal year with approximately 2500 members on 30 June 1973 an increase of approximately 500 new members during the year The Association provides academic awards for Basic and Advanced Gasses maintains contact with the allied officers who have attended the School and gives a plaque and a cash award to the winner of the Annual Professional Writing Award During Fiscal Year 1973 three issues of the Alumni Newsletter were published which included news of events and conferences at the School a calendar of courses offered at the School and personal information on members of the Association The activities of the Association were financed by annual dues of one dollar for each member and contributions from interested members The Annual Report is distributed by the Alumni Association to all of its members each year
Coordination and financing of Association activities as well as editing and writing of the Alumni Newsletter and the Annual Report are responsibilities of the Assistant School Secretary
Lectures Reflecting the Schools role in educating officers of the other branches of the Army and the other services members of the faculty traveled widely giving lectures to diverse groups upon various aspects of military law A good example of how the knowledge of the faculty may be applied to the training of non-legal personnel was the course of instruction in procurement methods given to criminal investigators specializing in appropriated and nonappropriated procurement frauds
During the course of the year the School continued to build a close professional relationship with the Army War College Frequent visits there by the faculty of TJAGSA resulted in the incorporation of a considerable amount of current legal material into that course
A list of lectures given outside TJAGSA by facuIty members is contained in Appendix O
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70
CHAPTER VIII
BUILDINGS AND SUPPORT ACTIVITIES
Section I
Buildings
Construction of the new Judge Advocate Generals School building began on 15 January 1973 and was scheduled for completion within 24 months The new building will be located in the same area as the new Law School and the Graduate School of Business Administration of the University of Virginia The basement level of the new building provides space fpr the administrative and logistics offices storage and library The library is designed with 32 individual study carrels and will accommodate 50000 volumes The ground level (or first floor) houses the academic department (approximately 60 offices) three classrooms to accommodate 50 100 and 200 students respectively four conference rooms which will accommodate 20 persons each eight smaller conference rooms for 12 persons each completely equipped moot courtrooms an auditorium with 125 seat capacity audio-visual room and student lounge On the second level are the offices of the commandant and other directorates of the School in addition to a two-bedroom VIP suite The third and fourth levels each have 32 individual BOQs with bath Also there are four two-room suites with bath and four two-room suites with bath and kitchen facilities on each floor The fifth floor is the officers open mess and dining facility which has a seating capacity of 120 people In addition the club will have patios on two of its sides
Due to a spring snow storm a sym bolic groundbreaking ceremony for the new building was held indoors on 12 April at the Groundbreaking Universitys George Baskerville Zehmer Hall COL Douglass MG Prugh
President Sharman
71
After opening remarks by the Commandant Colonel John Jay Douglass Major General George S Prugh The Judge Advocate General of the Army joined with University of Virginia President Edgar F Shannon and Colonel Douglass in turning a symbolic shovel of earth which formally commenced the construction project
Among those attending the ceremonies were Army Colonel (Ret) Kenneth C Crawford Commandant of the School during the years when the plans for the new building were formulated and Professor John
President Shannon Speaks at Ritchie III a mem ber of the Schools Groundbreaking Ceremony original Board of Visitors Colonel Crawford
is now Director of Education and Training for the Federal Judicial Center Professor Ritchie formerly Dean of Washington (St Louis) Wisconsin and Northwestern Law Schools is presently on the faculty at the University of Virginias Law School Also in attendance were members of the current Board of Visitors
Attendees representing the various Armed Services included Major General Kenneth 1 Hodson former The Judge Advocate General of the Army now Chief US Army Legal Services Agency Rear Admiral Ricardo Allen Ratti Chief Counsel United States Coast Guard Colonel Charles J Keever Acting Director of the Judge Advocate Division United States Marine Corps and Colonel (Ret) Ralph D Pinto former TJAGSA Deputy Commandant
Others in attendance included William P Dickson J f a Norfolk attorney and formermiddot member of the Board of Governors of the American Bar Association representing Robert W Meserve President of the ABA C Norman Poirier immediate Past President of the Federal Bar Association Francis H Fife Mayor of the City of Charlottesville Gordon L Wheeler Albemarle County Board Chairman and Walter L Smith President of the Thomas Jefferson Chapter of the Association of the United States Army
The present Judge Advocate Generals School building a red brick building of Georgian architecture was dedicated on 26 September 1956 It contains offices and 19 furnished BOQ rooms In addition the building houses the School Library a conference room supply room and bookstore An Officers Open Mess and snack bar with outdoor patio is located on the fourth floor of the building Classrooms for the School are located in the University of Virginia Law School
72
Section 2
Support Activities
a Library alld Military Legal Center
The School generally furnishes each student with the basic textbooks and other classroom materials which he will need during a course However when additional references and research facilities are req uired students are encouraged to utilize the School Library the Law Library of the University of Virginia and Alderman Library the general library of the University
The Judge Advocate Generals School Library contains approximately 20000 volumes and is oriented toward military law There is a complete set of all Army regulations most federal legal materials and
a complete military justice library During LTC Edward C Seufert FY 1973 many historic military legal items School Secretary
and current books on military law were added to the Schools Military Legal Center one of the most extensive collections on military law past and present in existence Also during the year the Library staff completed a major portion of the complete cataloging of the Schools collection in order to provide a ready reference system for researchers
The Law Library Il1 Clark Hall contains over 200000 volumes and it is readily accessible to our students It has an extensive collection of published reports of the American federal and state courts the reports of the courts of the United Kingdom
lvlrs R Vivian Hebert treaties digests encyclopedias indices andLibrarian citator services It also contains the statutes
73
Leased Housing Units
BOQ Room
74
of the United States of the several states and of Great Britain The Library receives every current legal periodical of general interest printed in the English language
Alderman Library has about 2000000 volumes and a particularly fine collection of official Government publications It has been designated by the United States Government as a depository for public documents
h Billeting and Mess Facilities Bachelor officers quarters are available in The Judge Advocate Generals School BUilding Assignments of rooms may be obtained through the Billeting Officer Linens towels and maid service are provided All rooms are carpeted and air-conditioned and many have refrigerators and television sets
The School has a number of family housing units under government lease to be utilized as government quarters in lieu of BAQ Priority for the utilization of these units is first given to enlisted personnel and then to officers attending the Advanced Class The School Secretary and the University Housing Division maintain lists of available apartments and houses in the Charlottesville area
The top floor of The Judge Advocate Generals School building is used by the Officers Open Mess The Winthrop Room is furnished with large comfortable chairs and sofas a color television set piano and other accessories
Officers Open Mess
75
A snack bar located on the fourth floor and operated by the Officers Open Mess personnel now serves breakfast and lunch to its members During the evening hours refreshments and snacks are available
During the year the Mess sponsors a full program of activities and social events for the benefit of its members including dances buffets picnics class receptions social hours and other activities
c Boolzstore The Bookstore now located on the first floor of The Judge Advocate Generals School is easily accessible to all patrons Various personal items uniform accessories stationery supplies cigarettes and tobacco souvenir items and books are available
d Commissary Facilities During part of FY 73 the School was able to arrange for a truck to bring commissary products from Richmond to Charlottesville Although this service has been discontinued procedures are SSG John Huffman
being taken to have the operation reinstated Bookstore Manager
Commissary Operations in Charlottesville
76
e Logistics The Logistics Office provides assistance and advice in arranging for shipment andor storage of household goods for military personnel assigned to the School and members of the Advanced and Basic Classes In addition the Division provides budget and contracting services for all money expended by the School
f Personnel and Finance The Adjutants Office is responsible for the processing of all incoming and outgoing personnel the maintenance of individual records and the operation of the School mail room The office also acts as liaison with the Civilian Personnel Division at the US Army Foreign Science and Technology Center in Charlottesville which is responsible for the Schools civilian employees
Although the School has no finance CPT William K Thompson officer the Adjutants Office is available to Chief Logistics provide necessary assistance and advice in matters relating to pay and allowances Close contact is maintained with the servlcmg Finance and Accounts Offices in Washington and at Fort Lee
g Health Care Facilities The Judge Advocate Generals School lS sateIlitccl on Kenner Army Hospital at Fort Lee Virginia for medical and dental care Locally a contract surgeon provides outpatient services for military personnel Because of the distance from a US Army hospital dependents of personnel stationed at The Judge Advocate Generals School are entitled to the benefits provided under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS)
Dental care and eye examinations for military personnel assigned to the School are available from any local dentist and eye doctor on an individual contract basis CIYT Richard J Lynch however there are no provisions for such care Adjutant
for dependents
77
h Athletic Facilities Assigned and attached military personnel and all students are permitted to use all athletic facilities of the University of Virginia Both the School and the Intramural Department of the University have a limited amount of athletic eq uipment for the use of students and the staff and faculty
i Public Information Office During Fiscal Year 1973 the Plans Division succeeded by the Services Division conducted a comprehensive public information program with increased emphasis on obtaining the broadest possible coverage of all events occurring at The Judge Advocate Generals School
J Post J~idge Advocate During Fiscal Year 1973 following the reorganization of the School the Post Judge Advocate provided legal assistance to armed forces personnel and dependents in the Charlottesville area Liaison has been established with the local Red Cross and Legal Aid Society to assist the department in their respective fields of expertise The caseload averages over 50 clients per month and consists of the type of problems customarily encountered in legal assistance offices in the field
The Post Judge Advocate is also responsible for processing claims anS1J1g from incidents in the Charlottesville area and transit damage for all local military personnel The School has authority to settle and pay claims up to $1000 Fifty-five claims were processed in Fiscal Year 1973
CPT Robie and Miss Brown
78
APPENDIX A
ORGANIZATIONAL ROSTER THE JUDGE ADVOCATE GENERALS SCHOOL
(As of 30 June 1973)
COMMANDANT COL John Jay Douglass
OFFICE OF THE SCHOOL SECRETARY
School Secretary LTC Edward C Seufert Post Judge Advocate and CPT William R Robie
Asst School Secretary Adjutant CPT Richard Lynch Chief Logistics CPT William K Thompson Budget Officer Mr Joseph S White Supply Sergeant SFC Eddie H Green Chief Services Division CPT Arthur R Shepherd Protocol Officer 2LT Richard D Lyles Manager Officers Open Mess SSG Joe Mauldin Librarian Mrs R Vivian Hebert
ACADEMIC DEPARTMENT
Director COL William S Fulton Jr Operations Officer MAJ John W Begiebing Project Officer CPT William S Hopson IV Assistant to Director CPT Thomas E Workman Paralegal Training Officer CW2 Charles L West Educational Advisor Mr John A Sanderson Deputy Director for MAJ James A Endicott Jr
Nonresident Instruction Extension Course Officer CPT Joseph W Hely Jr
Procurement Law Division
Chief MAJ Richard E Mowry Senior Instructor MAJ Terrence E Devlin Instructors CPT Richard C Bruning
CPT Thomas R Wagner
79
International amp Comparative Law Division
Chief MAJ James R Coker Senior Instructor MAJ James J McGowan Jr Instructors MAJ Charles A White
CPT David E Graham
Criminal Law Division
Chief LTC Hugh R Overholt Senior Instructor MAJ Paul H Ray Instructors MAJ Nancy A Hunter
MAJ Philip M Suarez MAJ Francis A Gilligan CPT William H Parks USMC CPT Jan Horbaly CPT Edward J Imwinkelried
Civil Law Division
Chief LTC David A Fontanella Senior Instructor MAJ Paul J Rice Instructors MAT Jack F Lane Jr
CPT George W Clarke CPT Bernard R Adams CPT Ronald C Griffin CPT Donald N Zillman
RESERVE AFFAIRS AND SPECIAL PROJECTS
Assistant Commandant for LTC Keith A Wagner Reserve Affairs
JAGC Reserve Components LTC James N McCune Career Management
Training Office
Chief CPT Eldon D Roberts
80
DEVELOPMENT DOCTRINE amp LITERATURE DEPARTMENT
Director Development Officer Professional Liaison Officer
Military Operations Management amp Plans
Chief InstructorProject Officer
Doctrine amp Literature
Chief Editor Military Law Review
LTC John L Costello Jr CPT Royal Daniel III CPT John D Horne
MAJ James R Wessel MAJ William J Dwyer
CPT Stephen L Buescher CPT Miles J Mullin
81
APPENDIX B
BACKGROUND INFORMATION ON OFFICER PERSONNEL
1 Active Duty Personnel (As of 30 June 1973)
COLONEL JOHN JAY DOUGLASS JAGC Commandant AB 1943 University of Nebraska JD 1952 University of Michigan MA 1964 George Washington University LLM 1973 University of Virginia Member of the Bars of Nebraska Michigan Republic of Korea and the US Court of Military Appeals
COLONEL WILLIAM S FULTON JR JAGC Director Academic Department JD 1950 University of New Mexico Member of the Bars of New Mexico US Court of Oaims US Court of Military Appeals and the US Supreme Court
LIEUTENANT COLONEL JOHN L COSTELLO JR JAGC Director Development Doctrine and Literature Department AB 1952 Dickinson College JD 1955 Qickinson School of Law MS 1964 Fletcher School of Law and Diplomacy Member of the Bars of Pennsylvania Republic of Korea and US Court of Military Appeals
LIEUTENANT COLONEL DAVID A FONTANELLA JAGC Chief Civil Law Division BS 1957 University of Connecticut JD 1964 UniversityofMichiganMEd 1973 University of Virginia Member of the Bars of Connecticut the US Court of Military Appeals and the US Supreme Court
LIEUTENANT COLONEL JAMES N McCUNE JAGC Chief Reserve Training BBA 1953 University of Toledo JD 1959 Georgetown University Law School LLM 1963 Georgetown University Law School Member of the Bars of Virginia the US Court of Oaims the US Court of Military Appeals and the US Supreme Court
LIEUTENANT COLONEL HUGH R OVERHOLT JAGC Chief Criminal Law Division BA 1955 JD 1957 University of Arkansas Member of the Bars of Arkansas US Court of Military Appeals and the US Supreme Court
LIEUTENANT COLONEL EDWARD C SEUFERT FA School Secretary BS 1955 University of Maine
LIEUTENANT COLONEL KEITH A WAGNER JAGC Assistant Commandant for Reserve Affairs BA 1954 JD 1964 Duquesne University Member of the Bars of Pennsylvania the District of Columbia US Court of Military Appeals and the US Supreme Court
83
MAJOR JOHN W BEGIEBING Armor Deputy Director Academic Department BS 1957 Norwich University MA 1968 Stanford University
MAJOR JAMES R COKER JAGC Chief International and Comparative Law Division BA 1960 University of Notre Dame LLB 1961 University of Notre Dame MA 1970 Fletcher School of Law and Diplomacy Member of the Bars of Indiana the US Court of Military Appeals and the Federal District Court of Maryland
MAJOR TERRENCE E DEVLIN JAGC Senior Instructor Procurement Law Division BPh 1962 University of North Dakota JD 1965 University of North Dakota School of Law Member of the Bars of North Dakota US Court of Military Appeals US Court of Garms and the US Supreme Court
MAJOR WILLIAM 1 DWYER JR Armor InstructorProject Officer Military Operations Management and Plans BS 1960 The Citadel
MAJOR JAMES A ENDICOTT JR JAGC Deputy Director for Nonresident Instruction Academic Department BS 1960 The Citadel JD 1968 George Washington University Member of the Bars of Virginia the US Court of Military Appeals and the US Supreme Court
MAJOR FRANCIS A GILLIGAN JAGC Instructor Criminal Law Division BA 1961 Alfred University 1D 1964 State University of New York at Buffalo LLM 1970 The George Washington University Member of the Bars of New York the US Court of Military Appeals and the US Supreme Court and admitted to practice before the Court of Appeals State of New York
MAJOR NANCY A HUNTER JAGC Instructor Criminal Law Division AB 1959 University of Colorado JD 1967 Georgetown Law Center Member of the Bars of Virginia the US Court of Military Appeals and the US Supreme Court
MAJOR JACK F LANE JR JAGC Instructor Civil Law Division BA 1963 University of the South LLB 1966 University of Virginia Law School Member of the Bars of Virginia the US Court of Military Appeals and the US Supreme Court
MAJOR JAMES J McGOWAN JAGC Assistant Chief International and Comparative Law Division BS 1959 Spring Hill College LLB 1962 New York Law School LLM 1970 Georgetown University Law School Member of the Bars of New York the US Court of Military Appeals and the US Supreme Court
MAJOR RICHARD E MOWRY JAGC Chief Procurement Law Division AB 1957 College of Emporia LLB 1960 Washburn University Member of the Bars of
84
Kansas the US Court of Claims the US Court of Military Appeals and the US Supreme Court
MAJOR PAUL H RAY JAGC Senior Instructor Criminal Law Division BS 1955 Connecticut State College LLB 1963 Duke University Law School Member of the Bars of North Carolina the US Court of Military Appeals and the US Supreme Court
MAJOR PAUL J RICE JAGC Senior Instructor Civil Law Division AB 1960 JD 1962 University of Missouri LLM 1970 Northwestern University Member of the Bars of Missouri Illinois the US District Court for the Northern District of lllinois USCourt of Military Appeals and the US Supreme Court
MAJOR PHILIP M SUAREZ JAGC Instructor Criminal Law Division AB 1960 Boston College LLB 1963 Harvard Law School LLM 1970 University of Michigan Member of the Bar of Massachusetts
MAJOR JAMES R WESSEL Armor Chief Military Operations Management and Plans BS 1958 United States Military Academy
CAPTAIN BERNARD R ADAMS JAGC Instructor Civil Law Division AB 1966 Brown University LLB 1969 Yale Law School Member of the Bars of New York and the US Court of Military Appeals
CAPTAIN RICHARD C BRUNING JAGC Instructor Procurement Law Division BBA 1965 University of Iowa JD 1968 University of Iowa Member of the Bars of Iowa the US Court of Military Appeals the US Court of Claims and the US Supreme Court
CAPTAIN STEPHEN L BUESCHER JAGC Senior Legal Editor BA 1966middot Allegheny College JD 1969 Case Western Reserve University Member of the Bars of Ohio and the US Court of Military Appeals
CAPTAIN ROYAL DANIEL III JAGC Combat Development Officer BA 1967 Yale University LLB 1970 LLM 1972 University of Virginia Member of the Bars of Virginia and the US Court of Miiitary Appeals
CAPTAIN DAVID E GRAHAM JAGC Instructor International and Comparative Law Division BA 1966 Texas AampM University MA 1968 The George Washington University JD 1971 University of Texas School of Law Member of the Bars of Texas and the US Court of Military Appeals
85
CAPTAIN RONALD C GRIFFIN JAGC Instructor Civil Law Division BS 1965 Hampton Institute JD 1968 Howard University Law School Member of the Bars of the District of Columbia and the US Court of Military Appeals
CAPTAIN JOSEPH W HELY JR JAGC Extension Course Officer BA 1969 Texas AampM JD 1972 St Louis University Member of the Bars of Missouri and the US Court of Military Appeals
CAPTAIN WILLIAM S HOPSON IV JAGC Project Officer Academic Department BA 1966 LLB 1969 the University of Virginia Member of the Bars of the State of Virginia and the US Court of Military Appeals
CAPTAIN JAN HORBALY JAGC Instructor Criminal Law Division BA 1968 1D 1969 Case Western Reserve Member of the Bars of Ohio and the US Court of Military Appeals
CAPTAIN JOHN D HORNE JAGC Professional Liaison Officer BS 196810 1971 University of Tennessee Member of the Bars of Tennessee and the US Court of Military Appeals
CAPTAIN EDWARD J IMWINKELRIED JAGC Instructor Criminal Law Division BA 196710 1969 University of San Francisco Member of the Bars of California and the US Court of Military Appeals
CAPTAIN RICHARD 1 LYNCH AGC Adjutant BS 1967 The Citadel MBA 1972 Florida State University
CAPTAIN MILES 1 MULLIN JAGC Editor Military Law Review Doctrine and Literature Division BA 1967 Texas Christian University JD 1970 St Marys Member of the Bars of Texas and the US Court of Military Appeals
CAPTAIN WILLIAM H PARKS USMC Instructor Criminal Law Division BA 1963 JD 1966 Baylor University Member of the Bars of Texas Washington and the US Supreme Court
CAPTAIN ELDON ROBERTS JAGC Career Management Officer Reserve Affairs BA 1960 JD 1961 University of North Dakota Member of the Bars of North Dakota and the US Court of Military Appeals
CAPTAIN WILLIAM R ROBIE J AGC Assistant School Secretary and Post Judge Advocate BA 1966 1D 1969 Northwestern University Member of the Bars of Illinois the US Court of Military Appeals and the US District Court for the Northern District of Illinois
86
CAPTAIN ARTHUR R SHEPHERD AGC Services Division Coordinator BS 1966 United States Military Academy
CAPTAIN WILLIAM K THOMPSON QMC Chief Logistics BA 1965 Marquette University JD 1968 University of Wisconsin Law School Member of the Bar of Wisconsin
CAPTAIN THOMAS R WAGNER JAGC Instructor Procurement Law Division BS 1967 Bucknell University JD 1970 Temple University Member of the Bars of Pennsylvania and the US Court of Military Appeals
CAPTAIN THOMAS E WORKMAN JAGC Assistant to Director Academic Department BS 1966 Ohio State University JD 1969 Ohio State University College of Law Member of the Bars of Ohio and the US Court of Military Appeals
CAPTAIN DONALD N ZILLMAN Instructor Civil Law Division BS 1966 JD 1969 University of Wisconsin LLM 1973 the University of Virginia Member of the Bars of California Wisconsin and the US Court of Military Appeals
CW2 CHARLES L WEST Paralegal Training Officer Academic Department
87
2 Mobilization Designees
COLONEL DEMETRI M SPIRO JAGC USAR Deputy Commandant AB University of Chicago 1941 JD DePaul University 1948 Private practice of law Chicago Illinois
COLONEL BENJAMIN H SCHLEIDER JAGC USAR Assistant Director Academic Department BS Agricultural and Mechanical College of Texas 1943 JD University of Houston 1950 Private practice of law Houston Texas
LIEUTENANT COLONEL MORRIS B PETERSON JAGC USAR Assistant Chief Civil Law Division BS University of Oklahoma 1949 LLB University of Oklahoma 1952 LLM New York University 1959 Dean of School of Law University of Tulsa School of Law
LIEUTENANT COLONEL DANIEL J MEADOR JAGC USAR Instructor Civil Law Division AB Auburn University 1949 LLB University of Alabama 1951 LLM Harvard University 1954 Professor University of Virginia School of Law
MAJOR JAMES L BLAWIE JAGC USAR Instructor Civil Law Division BA University of Connecticut 1950 AM Boston University 1951 JD University of Chicago Law School 1955 PhD Boston University 195-9 Professor of Law University of Santa Oara School of Law
MAJOR GEORGE KALINSKI JAGC USAR Instructor Civil Law Division AB Wayne State University 1957 JD Wayne State University 1959 LLM Harvard University 1964 Private practice of law Marina Del Rey California
MAJOR FRANCIS J LARKIN JAGC USAR Instructor Civil Law Division BS Holy Cross College 1954 LLB Georgetown University Law Center 1957 LLM Georgetown University Law Center 1958 Professor Boston College Law School
CAPTAIN WALTER T COX JAGC USAR Instructor Civil Law Division BS Oemson University 1964 JD University of South Carolina 1967 Private practice of law Anderson South Carolina
CAPTAIN ROBERT P DAVIDOW JAGC USAR Instructor Civil Law Division AB Dartmouth College 1959 JD University of Michigan 1962 LLM Harvard University 1969 Professor Texas Tech University School of Law
LIEUTENANT COLONEL AARON S CONDON JAGC USAR Assistant Chief Criminal Law Division BA University of Alabama 1950 LLB University of Mississippi 1952 Associate Professor of Law University of Mississippi
LIEUTENANT COLONEL FRANK W ELLIOTT JAGC USAR Instructor Criminal
88
Law Division BA University of Texas 1951 LLB University of Texas 1957 Professor University of Texas at Austin
LIEUTENANT COLONEL EDWARD L MAGILL JAGC USAR Instructor Criminal Law Division BBA University of Miami 1952 JD University of Miami 1957 Private practice of law Miami Florida
LIEUTENANT COLONEL BENJAMIN M WALL JAGC USAR Instructor Criminal Law Division AA and AB Nebraska and Duke Universities 1951 LLB Harvard Law School 1953 Private practice of law Omaha Nebraska
MAJOR CHAPIN D CLARK JAGC USAR Instructor Criminal Law Division AB Kansas University 1952 LLB Kansas University 1954 LLM Columbia University 1959 Professor of Law University of Oregon
MAJOR THEODORE F FAY JR JAGC USAR Instructor Criminal Law Division BA State University of Iowa 1959 JD State University of Iowa 1962 Private practice of law Hugoton Kansas
CAPTAIN THOMAS C MARKS JR JAGC USAR Instructor Criminal Law Division BS Florida State University 1960 LLB Stetson University 1963 PhD University of Florida 1971 Professor Stetson Law School St Petersburg Florida
LIEUTENANT COLONEL PAUL D SUMMERS JR JAGC USAR Instructor International and Comparative Law Division BS U S Military Academy 1951 LLB University of Virginia School of Law 1957 Trust Officer Citizens Bank amp Trust Company Charlottesville Virginia
MAJOR PASCO M BOWMAN JAGC USAR Instructor International and Comparative Law Division BA Bridgewater College 1955 LLB New York University 1958 Dean Wake Forest University School of Law
MAJOR PAUL M GREEN JAGC USAR Instructor International and Comparative Law Division BBA University of Texas 1957 LLB and JD University of Texas 1957 Private practice of law San Antonio Texas
MAJOR FREDERICK GOLDSTEIN JAGC USAR Instructor International and Comparative Law Division BA Yale University LLB University of Virginia 1958 Private practice of law Boston Massachusetts
CAPTAIN JORDAN J PAUST JAGC USAR Instructor International and Comparative Law Division AB University of California 1965 J S University of California 1968 LLM University of Virginia 1972 J SD Candidate Yale Law School New Haven Connecticut
89
CAPTAIN EDWARD F SHERMAN JAGC USAR Instructor International and Comparative Law Division AB Georgetown University 1959 MA (History) University of Texas 1967 MA (English) University of Texas 1967 LLB Harvard 1972 Assistant Professor Indiana University School of Law Bloomington Indiana
LIEUTENANT COLONEL DONALD H HEDGES JAGC USAR Instructor Procurement Law Division BA University of Washington 1950 LLB University of Washington 1954 Attorney U S Department of Commerce Seattle Washington
MAJOR DONALD T WECKSTEIN JAGC USAR Assistant Chief Procurement Law Division BBA University of Wisconsin 1954 LLB University of Texas 1958LLM Yale Law School 1959 Professor San Diego School of Law San Diego California
MAJOR STRATTON R HEATH JAGC USAR Instructor Procurement Law Division BBA University of Wisconsin 1959 JD University of Wisconsin 1961 Attorney Office of Regional Counsel HITCO Denver Colorado
MAJOR JOHN S MILLER III JAGC USAR Instructor Procurement Law Division BA Hamilton College 1959 LLB University of Virginia 1962 LLM National Law Center George Washington University 1970 Attorney Office of General Counsel GSA Washington DC
MAJOR ROBERT L McCLOSKEY JAGC USAR Assistant Chief Special Training Division ~LB Georgetown University Law Center 1954 LLM Georgetown University Law Center 1955 Attorney Appalachian Regional Commission Washington DC
LIEUTENANT COLONEL EDWARD J ATKINS JAGC USAR Assistant Director Developments Doctrine and Literature Department LLB University of Miami 1963 Private practice of law Miami Florida
CAPTAIN DAVID C CUMMINS JAGC USAR Legal Writer Developments Doctrine and Literature Department BS University of Idaho 1957 LLB University of Washington 1960 Professor Texas Tech University Lubbock Texas
CAPTAIN STEPHEN DAVIS JAGC USAR Legal Writer Developments Doctrine and Literature Department BA Dickinson College 1960 LLB Columbia University 1963 Assistant District Attorney Kings County New York
CAPTAIN WINSTON M HAYTHE JAGC USAR Project Officer Office of the School Secretary BS Southwest Missouri State College 1963 JD College of William and Mary 1967 Private practice of law Washington DC
CAPTAIN CHARLES P ROSE JR JAGC USAR Project Officer Office of the School Secretary AB College of William and Mary 1964 JD Western Reserve University 1967 Assistant Professor Wake Forest University School of Law Winston-Salem North Carolina
90
APPENDIX C
ALLIED STUDENTS - FY 1973
LTC Leon O Ridao Philippines 21 st Advanced Class
MAJ Feraidoon Haji-Aboutaleb Tehrani Iran 21 st Advanced Class
Squadron Leader S M Anwar Pakistan Air Force 21 st Advanced Class
MAJ D H D Selwood United Kingdom 66th Basic Course
CPT Husni Salem AI Omari Jordan 66th Basic Course
91
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APPENDIX F
THESIS TOPICS AND SCOPE NOTES 21 st ADVANCED CLASS
CAPTAIN EILEEN M ALBERTSON USMC The Reversion of Okinawa Its Effect on the International Law of Sovereignty Over Territory
This thesis will analyze the principle that sovereignty over territory once recognized is perpetual and absolute until it is contractually agreed otherwise To do this Okinawa will be used as the factual model and four generally recognized principles of international law will provide the legal basis for discussion After setting the factual and legal stage a determination will be made as to Okinawa IS legal status in the international community the significance of that status the effect of the reversion of Okinawa as evidence of the acceptance of the proposed principle as well as its significance as a basis of major precedent in establishing the principle as international law Finally the relevance of the principle and its applicability and enforceability in a present day situation namely the Middle East crisis will be evaluated
SQUADRON LEADER SHEIKH MUHAMMAD ANWAR Pakistan Administration of Justice in the Pakistan Air Force
A brief review of the development of Pakistan is presented as a background for an explanation of the legal system of the Pakistan Air Force Major aspects of criminal legal system are discussed and include the jurisdictional extent of Air Force law over persons for investigation of charges and summary punishments organization structure and procedures of courts-martial and appellate and constitutional rights of service members Based on a comparative analysis of Pakistan and US military laws recommendations for improvements in limited areas of both systems are presented and discussed
CAPTAIN H JERE ARMSTRONG The Right of Confrontation=Then and Now
This article presents a study of the historical development of the Sixth Amendment Right of Confrontation in Federal and Military courts an analysis of seven tests suggested by the courts for determining when there has been a confrontation within the meaning of the Constitution and a consideration of the term actual unavailability as it relates to the admissibility of extrajudicial declarations in trials by court-martial
MAJOR JAMES A BADAMI Servicemens Unions Constitutional Desirable Practical
This paper examines the historical development of labor-management relations in
97
the private and the public sectors in seeking understanding of the basis for proposed servicemen IS unions It discusses the applicability and limitations of First Amendment rights to members of the military illustrated in court cases and administrative regulations A theoretical justification for such unions is based on successful examples from foreign countries aspects of unionism already present in the American military system and the demonstrated need for unions as an effective grievance procedure The conclusion offers guidelines and boundaries for the operation of servicemen IS unions within the military
LIEUTENANT COMMANDER ROBERT C BERKLEY USN Tax Planning and the Middle-Income Military Investor
This thesis presents an examination of present federal laws relating to tax planning for the middle-income military investor The analysis includes suggestions for tax minimizatiori for the military investor in securities and real estate as well as tax advice designed to assist the military investor in his ultimate goal of family security
MAJOR RICHARD S BUCK IV What Privileges Does the King Still Have in the Market Place
The defense of sovereign acts permits the Government to perform general and public acts as opposed to contractual acts and not be financially responsible to its contractors for the consequences of such acts This paper describes the past history of this doctrine and how it is applied today in such areas as minimum wage laws diplomatic affairs military operations excusable delay internal government operations etc Some changes in this doctrine could be made by changes in standard Government contract provisions
CAPTAIN BERNARD ROLLINS CARPENTER Enlistment--A Contract Status or Marriage
An historical approach to determine the legal nature of the enlistment relationship reveals potential issues which may be a basis for substantial litigation The enlistment relationship as an alleged legal contract and potential legal premises resulting therefrom are questioned in light of statutory enactments and court decision Suggested alternatives to the relationship by courts and writers are reviewed and analyzed for legal efficacy A seemingly settled area may become quite controversial as a volunteer Army is realized The purpose of this thesis is to point out potential areas of dispute define the relationship and suggest possible alternatives
CAPTAIN GEORGE W CLARKE Political Activity of Servicemen The Military Hatch Act and the First Amendment
Political activity by members of the armed forces is severely limited by military
98
regulations This regulatory scheme raises fundamental questions regarding the extent to which the First Amendment applies to servicemen the authority for promulgation of the regulations and the underlying reasons asserted to justify the restrictions This thesis attempts to answer those questions
CAPTAIN JAMES P COLEMAN Waiver by Guilty plea
This thesis examines the doctrines of waiver by guilty plea in military law and formulates a tentative rule by which current and future waiver issues may be analyzed In addition possible future developments in this evolving area of litigation are examined with reference to their probable effect upon the current state of the law
MAJOR DAVID B CRAIG Control and Discipline in the United States Army Reserve
This thesis will present an analysis of the procedures available to the US Army Reserve Unit Commander for the control and discipline of his troops to include a determination of unsatisfactory participation involuntary call to active duty administrative reduction and elimination Additionally this thesis will silhouette the present system against the desires and concepts of the modern volunteer Army to produce specific suggestions and recommendations for the future
CAPTAIN JERALD D CROW USMC Emoluments of Military Service as Community Property
The effects of community property law upon military emoluments are little known nor considered by servicemen Military attorneys counseling servicemen contemplating divorce in community property states are usually unfamiliar with community property implications and have no readily available source of information The author has drawn together the bulk of cases from all community property jurisdictions construing military emoluments An analysis is made of major cases problem areas discussed and conclusions presented as to the commun~ty character of each emolument considered Recommendations are made for dealing with possible problem areas
MAJOR LEONARD H DANCHECK Forgotten My Lais US Intervention Occupation and Pacification in Haiti (1915-1920)
This artic1~ is a case study of the causes and background of the 1915 United States intervention in Haiti the subsequent United States occupation of the country the suppression in 1919-1920 of the insurrection that developed in opposition to American control the alleged atrocities committed during the suppression the reaction to the alleged atrocities by the nations press and the investigations of the alleged atrocities by the Navy Marine Corps and the United States Senate
99
CAPTAIN HOWARD C EGGERS The Specificity Required in Military Search Warrants
This thesis discusses the need for a definite description of the place to be searched and the things to be seized in military search warrants It is an attempt to define specificity standards for the use of military magistrates in drafting warrants An analysis of current civilian standards as revealed in federal case law and present military practices in the search area establishes certain guidelines to be followed
CAPTAIN RUSSELL J FONTENOT Development of the Staff Legal Officers Responsibility Under the Law of War
A study of the origins and development of the criminal responsibility of the individual staff legal officer under the law of war consideration is given to both the effects of international law and the municipalized law of war a detailed analysis is made of the substantive international standards announced at Nuennberg and how these standards were applied not only to the lawyer but also to the commander and his other staff officers
CAPTAIN ROBERT M FRAZEE Flag Desecration Symbolic Speech and the Military
To analyze federal law selected state laws and Army regulations concerning flag desecration as it pertains to freedom of speech Emphasis will be placed upon the public and private interests what is meant by desecration of the flag what is a flag within the meaning of these statutes and what are the particular military interests and responsibilities in the enforcement of flag desecration statutes
MAJOR WENDELL R GIDEON Federal Medical Care Recovery Act Methods and Sources of Recovery and the Impact of No-Fault Insurance
This thesis examines the methods and sources of recovery under the Federal Medical Care Recovery Act and recommends ways of increasing their effectiveness In addition an analysis is made as to the impact that no-fault insurance will have upon the recovery program and to recommend ways of solving the problems which no-fault legislation appears to have created to include enactment of National No-Fault Law and amending the Federal Medical Care Recovery Act itself
CAPTAIN DEWEY CABELL GILLEY JR Using Counsel to Make Military Pretrial Procedure More Effective
An examination of what the role of counsel in pretrial procedure in the military should be Specifically when the right of counsel attaches currently and under constitutional standards what the role of counsel is in pretrial procedure in the military and in civilian jurisdictions and what the role of counsel would be in pretrial procedure
100
as changed by Army pilot programs and by proposed amendments to the Uniform Code of Military Justice The thesis recommends utilizing the safeguards of civilian jurisdictions in pretrial procedure in the military in a way which will preserve command responsibility for morale and discipline
CAPTAIN CHARLES H GIUNTINI Motivating the Military Lawyer
The current retention outlook concerning Judge Advocate General officers and the projections regarding the retention problems of the future require critical analysis of all aspects of the management of those serving on active duty in the corps This thesis discusses the concept of job safisfaction in an attempt to provide the Judge Advocate Manager meaningful suggestions concerning the motivation of the military lawyer
CAPTAIN JOHN C GOLDEN III Doctrine of Immunity Regarding Military Personnel and Federal Employees for Official Acts
An examination of personal liability and the doctrine of immunity pertaining to military personnel and other federal employees for tortious conduct arising from official acts with proposals for providing adequate remedies
CAPTAIN ARTHUR G HAESSIG The Soldiers Right to Procedural Due Process The Right to be Heard
An analysis of the enlisted soldiers right to be heard as an element of procedural due process in certain adverse personnel actions In particular an analysis of present Army regulatory procedures and the due process right to be heard in the revocation of security clearances enlisted separation for unfitness and unsuitability enlisted reduction for civil conviction and for inefficiency bars to reenlistment reclassification of the enlisted soldiers Military Occupational Specialty (MOS) and to the extent that the soldiers career is adversely affected by the preceding actions the Armys Qualitative Management Program The analysis examines thes~ procedures in light of current law and proposes a general regulatory change to insure the soldiers right to be meaningfully heard
MAJOR WILLIAM J HEMMER Violation of the Military Superior--Subordinate Relationship is a Crime Isn It
In the midst of vast hue and cry for the civilization of military justice exists a strident count~rvailing assertion that the Armys discipline is goinghas gone to hell in a handbasket because military justice is too civilianized The author undertakes an interdisciplinary examination of a microcosm the application of criminal sanctions to fraternizations by an officer with an enlisted man From this examination conclusions are drawn as to the dilemma of the larger unity
101
CAPTAIN FRANKLIN D HOLDER USMC A Historical Development of Mutiny
A study of the federal and military acts of mutiny with particular emphasis on the historical development of the substantive law and the jurisdictional aspects
MAJOR WAYNE R ISKRA The Right to Privacy in the Military Service
Trace the historical role of the commander to conduct inspects and briefly compare it with the role of the commander in authorizing searches based on probable cause Compare the military case law on the right of the commander to inspect barracks on post housing place of duty and conduct inventories with the recent civilian case law involving inspections by governmental agencies on private homes and businesses Evaluate the VOLAR concept which appears to place emphasis on making military life more attractive to the soldier ie individual rooms in barracks with the need to solve pressing military problems ie drug abuse Attempt to reach some conclusions as to whether the right of the commander to conduct inspections can andor should b~ broadened I intend to utilize military and civilian law review articles legal and nonlegal publications and civilian and military court decisions with special emphasis on US v Biswell 40LW4489 (1972) and US v Grace 42 CMR 11 (1970)
MAJOR THOMAS A KNAPP Problems of Consent in Medical Treatment and Human Experimentation
After a general review of the history and origin of informed consent the thesis concentrates on the nature of consent with emphasis on the consent form inquiry into the emergency doctrine an analysis of the qualified right of an adult to refuse medical care and an examination of informed consent in human experimentation with comment on the Tuskegee Study The author concludes that a revision of consent forms should insure that the individual has given informed consent that the Army Regulation dealing with the refusal of medical care should be revised to comport with civilian standards and a disinterested third party assist in obtaining informed consent in the area of human experience
CAPTAIN WILLIAM J LEHMAN Suffer the Little Children Child Maltreatment in the Military
This paper examines child maltreatment in an historical context and traces the evolution of civilian laws designed to protect maltreated children The existence of child maltreatment in military families is documented and an analysis made of the existing methods for dealing with the problem within the military The problems peculiar to administration of a child welfare system by the military including jurisdiction and available resources are examined in depth Recommendations are advanced for improving the
102
handling of child maltreatment in the military environment
LIEUTENANT COLONEL MARTIN R LOFTUS What is a Custodial Interrogation in
Military Legal Practice
The objective of this thesis is to determine what is a custodial interrogation in military legal practice Analysis includes a determination of when an interrogation becomes custodial examining five possible texts of focus subjective belief of the person being questioned objective belief of the person being questioned subjective intent of arresting officer and whether the person being questioned is objectively or subjectively a suspect In addition an analysis is also made of what is an interrogation examining the areas of spontaneous statements verbal acts searches handwriting and voice identification
MAJOR HALDANE ROBERT MAYER Constitutionality of Commander Authorized Searches and Seizures
This is a study of the evolution of the constitutional mandate that searches be authorized by neutral and detached magistrates and not by officials engaged in the police activities of government The core of the study is an investigation of search authorization practices in military law specifically the Army and a judgment as to their compliance with the Supreme Courts Fourth Amendment requirement of impartiality on the part of the officer who authorizes searches Recommendations for change in the military process conclude the study
CAPT AIN KENNETH M MITCHELL Is Article 117 Unconstitutional Due to Vagueness and Contrary to the First Amendment
This thesis presents a review and analysis Qf past military decisions involving the offense of Article 17 provoking words and gestures with particular emphasis on the question whether Article 17 is unconstitutional due to vagueness and contrary to the protection afforded by the First Amendment
MAJOR CHARLES A MURRAY The Power of the Post Commander to Proscribe Speech and Expression
A study of the power of the post commander to proscribe speech and expression on post with particular emphasis on those powers explicitly set forth by statutes those powers implicit by statutes and regulations and the recent case law with a view towards ascertaining the current legal status of those powers
103
CAPTAIN WILLIAM J NORTON II United States Obligations Under Status of Forces Agreements A New Method of Extradition
This article examines the rights and obligations acquired and undertaken by the United States Government and its Armed Forces under the numerous Status of Forces Agreements concluded by the United States since 1951 to determine whether the United States has any international duty stemming from those agreements to return to foreign states or in effect to extradite individuals who allegedly commit crimes in the foreign state but happen to depart that state before its full criminal processes have been exhausted
CAPTAIN MAURICE J OBRIEN Scanwell-Light at the End of the Tunnel
This article analyzes an unsuccessful bidders entitlement to judicial review of a procurement award It also examines the judicial remedies available to an unsuccessful bidder and the rules and procedures for their application It evaluates the effects and the effectiveness of the judicial relief provided and it concludes with a suggestion for a more appropriate review procedure
CAPTAIN WILLIAM H PARKS USMC Command Responsibility
A comparative analysis of war crimes trials involving command responsibility in order to determine the standards required of a military commander in combat with regard to prevention investigation reporting and prosecution of war crimes Included in this examination will be a view of the criminal responsibility of the com bat commander possible offenses and the question of degree of intent required
CAPTAIN FRANK J PYLE JR Light at the End of the Tunnel-Prison Exile or Amnesty
Beginning with the backdrop of dissent and the end of United States participation in Vietnam the history of amnesty is examined The emphasis is on United States history and the sources of authority for granting amnesty in the United States To focus on todays situation the possible amnesty claimants are examined as well as the forms in which an amnesty might be granted Considerations and arguments for and against granting amnesty are given Possible implementation is examined with a prediction as to the possibility of a post-Vietnam amnesty
CAPTAIN ROYCE C RICH Liability Under the Federal Tort Claims Act During Permanent Change of Station Travel
The purpose of this thesis is to examine the divergent holdings of the various United States Circuit Court of Appeals on the issue of scope of employment under the Federal
104
Tort Claims Act in the case of nilitary personnel during permanent change of station travel An analysis will be made of the factors considered by the courts in their opinions and a comparison will be made with the legislative intent of Congress when it passed the Federal Tort Claims Act Finally appropriate corrective action will be outlined which will help preserve the intent of Congress when it passed this Act
LIEUTENANT COLONEL LEON O RIDAO Republic of the Philippines The Philippine Claims to Internal Waters and Territorial Sea An Appraisal
Who shall control the seas and for what purposes These Professor Schewebel states are the great issues involved in the contemporary worldwide struggle over the content of the law of the sea Nations of the world have been confronted with these issues ever since the great voyages of discoveries and the growth of navies of the States Recent advances in technology have heightened the conflict In view of such technological strides more and more States have found greater need for the exercise of sovereignty or jurisdiction over larger portions of the sea adjacent to their coasts than ever before Asserted interests are diverse and important The result is the rise of so many competing national claims that it may well be said that the present international law of the sea like the sea itself is in perpetual movement it is in a state of upheaval
The Republic of the Philippines consider as part of its national territory all the waters lying within the international treaty limits of the Philippines
It is the purpose of this study to determine the validity under international law of these Philippine claims to its internal waters and territorial sea
CAPTAIN JEROME W SCANLON JR The Scope of a Search Incident to a Lawful Arrest
This thesis presents an analysis of the law of the scope of a search incident to a lawful arrest as developed by the United States Supreme Court and other courts The author develops the rationale used to formulate the rules in the three types of areas which are the subject of such a search-the premises where the arrest took place the vehicle driven or occupied by the accused at the time of arrest and the search of the arrestees person This thesis also outlines the considerations which must be taken into account by the arresting police officers and the prosecuting attorney in order to sustain a particular search
CAPTAIN WILLIAM N SCHNELL The Decline of the Judicial Doctrine of Nonreviewability of Military Decisions Ordering or Denying Discharges
An examination of recent federal court decisions revealing an increased judicial trend to review some administrative proceedings affecting internal matters of the military and maintaining the traditional judicial doctrine of nonreviewability of military discretionary acts
105
CAPTAIN TIMOTHY J SIMMONS The Post Trial
This thesis briefly examines the historical antecedents to the present post trial review It then discusses the present requirements which have been imposed statutorily and judicially Alternative approaches to the present formalized system are discussed and specific recommendations are made to create a more workable post trial review Finally an interim approach is recommended to reduce the problems with the post trial review until statutory changes can be made
MAJOR FERAIDOON H TEHRANI Imperial Iranian Army Comparison of Military and Civilian Criminal Procedures in Iran
This paper examines the criminal proced ures in the military and civilian courts in Iran Where the procedures are similar the military court procedure is discussed otherwise the differences are reviewed and compared in detail
CAPTAIN CHARLES W TRAINOR The Buy American Act An Examination Analysis and Comparison
This study examines the principles of the Buy American Act from its inception through its present application noting those consistencies and inconsistencies with the original legislative intent of the 1933 Act and resultant effect of the Executive Order of 1954 The Act is further compared with the Most Favored Nation IS Gause and the exculpatory paragraphs of the General Agreements on Tariffs and Trade dealing with buy-national policies of its member states The buy-domestic policies of seventeen nations are then set forth distinguishing the United States policy as enumerated in the Act Concluding the study are suggestions for further implementation of the Act making it more responsive to those it was intended to serve
MAJOR CHARLES A WHITE JR Residual Value--Candles and Costs
This paper discusses the problems inherent in the recovery of residual value for United States investments in the Federal Republic of Germany 1963-1973 It details the background of the US operations concerning real estate through the Occupation Period (1945-1955) and into the Contractural Relations Period (1955-1963) The negotiations of the Damages and Residual Value Articles of the Supplementary Agreement is covered in detail The paper encompasses all legal and practical aspects arising under the provisions of Articles 41 and 52 as they pertain to residual value A general world-wide survey of the subject is not included
106
APPENDIX G
GUEST MEMBERS THESIS EVALUATION COMMITTEES 21 st ADVANCED CLASS
Brigadier General Edmund Montgomery USAR Lieutenant Colonel Thomas H Davis
Administrative Law Division OTJAG Colonel R D Michelson
USMC HQ U S Marine Corps Washington D C Professor Robinson O Everett
Duke University Durham North Carolina Dr Thomas H Hunter
UVA Medical School Professor Lawrence Gaughan
Washington amp Lee University School of Law Lieutenant Colonel Wayne E Alley
Judge U S Army Court of Military Review Professor John Ritchie
UVA Law School Major General Kenneth J Hodson
Chief Judge U S Army Court of Military Review Lieutenant Colonel Richard McNealy
Deputy International Affairs Division OTJAG Professor Walter J Wadlington
UVA Law School Mr James Michael
Office of Legal Adviser Department of State Major William G Eckhardt
Litigation Division OTJAG Lieutenant Colonel Ronald M Holdaway
Chief Government Appellate Division OTJAG Professor Richard E Speidel
UVA Law School Professor Carl McFarland
UVA Law School Professor Charles H Whitebread
UV A Law School Mr John Schulz
Editor-in-Chief Military Law Reporter Washington D C Colonel Joseph Van Oeve Jr
Chief Contract Appeals Division OTJAG
107
Colonel William T Rogers Senior Judge U S Army Court of Military Review
Professor James Bond Washington amp Lee University School of Law
Professor Donald Curtis Administrative Assistant Graduate School of Business Administration UVA
Brigadier General Lawrence H Williams Assistant Judge Advocate General for Military Law OTJAG
Mr Philip M Wilson U S Army Claims ServiceFt Meade Maryland
LCDR Thomas R Santfer HQ Department of the Navy Washington D C
Major Frank Stone SOFA Team Chief International Affairs Division OTJAG
Mr Waldemar A Solf Chief International Affairs Division OTJAG
Colonel Alton H Harvey Chief Military Justice Division OTJAG
Lieutenant Colonel Abraham Nemrow (Ret) Clerk Court of Military Review
108
APPENDIX H
21st ADVANCED CLASS GRADUATES
CPT Eileen M Albertson USMC CPT Franklin D Holder USMC SQUAD LDR Sheikh Muhammad Anwar MAJ Wayne R Iskra CPT Henry J Armstrong CPT Henry C Karlson MAJ James A Badami MAJ Thomas A Knapp LCdr Robert C Berkley USN CPT William J Lehman MAJ Richard S Buck IV LTC Martin R Loftus CPT Bernard R Carpenter MAJ Haldane R Mayer CPT George W Clarke CPT Kenneth M Mitchell CPT James P Coleman MAJ Charles A Murray MAJ David B Craig MAJ William J Norton II CPT Jerald D Crow USMC CPT Maurice J OBrien MAJ Leonard H Dancheck CPT William H Parks USMC CPT Howard C Eggers CPT Frank J Pyle Jr CPT Russell J Fontenot CPT Royce C Rich CPT Robert M Frazee LTC Leon O Ridao MAJ Wendell R Gideon CPT Jerome W Scanlon Jr CPT Dewey C Gilley Jr CPT William N Schnell CPT Charles H Giuntini CPT Timothy J Simmons CPT John C Golden III CPT Feraidoon H Tehrani CPT Arthur G Haessig CPT Charles W Trainor MAJ William J Hemmer MAJ Charles A White Jr
109
APPENDIX I
ACADEMIC AWARDS 21 st ADVANCED CLASS
HIGHEST OVERALL CLASS STANDING
Award for Professional Merit -- American Bar Association
CAPTAIN GEORGE W CLARK CAPTAIN HOWARD C EGGERS CAPTAIN HENRY C KARLSON
SECOND HIGHEST OVERALL CLASS STANDING
Award for Professional Merit -- The Judge Advocate Generals School
CAPTAIN DEWEY C GILLEY JR
HIGHEST STANDING IN CIVIL LAW
Award for Distinguished Accomplishment - Judge Advocates Association
CAPTAIN HENRY C KARLSON
HIGHEST STANDING IN CRIMINAL LAW
Judge Paul W Brosman Award -- United States Court of Military Appeals
CAPTAIN HENRY C KARLSON
HIGHEST STANDING IN INTERNATIONAL AND COMPARATIVE LAW
Award for Distinguished Accomplishment - The Judge Advocate Generals School
CAPTAIN HENRY C KARLSON
HIGHEST STANDING IN MILITARY COMMAND AND STAFF
Plaque - Association of the United States Army
CAPTAIN DEWEY C GILLEY JR
III
HIGHEST STANDING IN PROCUREMENT LAW
Award for Distinguished Accomplishment -- The Foundation of the Federal Bar Association
CAPTAIN HOWARD C EGGERS
OUTSTANDING THESIS
Award for Distinguished Scholarship -- The Judge Advocate Generals School
CAPTAIN GEORGE W CLARKE
112
APPENDIX J
65th BASIC CLASS GRADUATES
CPT Robert F Apgar CPT Kenneth L Baker LT Robert L Beauregard USCE CPT Paul C Besozzi CPT Burk E Bishop CPT Charles W Boohar J r CPT Mack W Borgen CPT Victor S Carter Jr CPT Michael R Caryl CPT Joseph W Ca~per
CPT Madge K Casper CPT Dayton M Cramer CPT David M Curtis CPT Charles B Dickson MAJ Alfred J Dirska CPT Robert D Doane CPT Terence M Donnelly CPT John E Dorsey LT Winona G Dufford USCG CPT Jerry G Du Terroil CPT David R Dowell CPT Stephen A J Eisenberg LT Robert W Ferguson USCG LT Philip L Font USCG CPT Raymond G Frere CPT John W Fryer CPT John P Halvorsen CPT Patrick K Hargus CPT Dennis E Harrold CPT James R Hill Jr CPT John R Hill CPT Earl T Hilt s LT Franklin D Hoffman Jr USCG LT Francis P Hopkins Jr USCG CPT Harry D Hoskins III
66th BASIC
CPT Thomas B Allen CPT James W Almand
CPT George W House CPT Sammy S Knight CPT Gary J Krump CPT Ralph E Larson CPT Fredric I Lederer CPT Gerald J Leeling CPT David R Lorence CPT John W Lewis CPT John R MacPherson CPT Gary R McSpadden CPT Peter H Mathis CPT Jack H Morgan LT Howard S Myers III USCG CPT Joyce E Plaut CPT Peter K Plaut LT Robert J Reining USCG CPT Nicholas P Retson CPT George D Reynolds CPT Paul A Robblee Jr CPT Stephen H Rovak CPT John G Sauer CPT Lawrence L Severson LT William B Short Jr USCG CPT Dale B Smith CPT Nick J Staihar CPT Lewis R Stark CPT Richard G Stein LT James J Tamulski USCG CPT Thomas N Tromey CPT Vaughan E Taylor CPT Stephen G Varga CPT Dennis J Wing CPT Donn T Wonnell CPT Edward R Ziegler LT Stephen H Zimmerman USCG
CLASS GRADUATES
CPT Richard S Blakely CPT Alexander L Blondeau Jr
113
CPT Paul L LuedtkeCPT Stanley D Brown CPT Robert A McSorley CPT Chester H Budz CPT Ronald J MedarisCPT Richard W Cairns CPT Larry S MerckCPT Barry N Capalbo CPT Donald Morgan CPT John E Caulking CPT Philip E Mullin CPT Peter B Crary CPT Husni Salem Omari Jordanian Army CPT Willis D Cronkhite III CPT Frank T Pandora II CPT Patrick F Crow CPT Jerry R ProthroCPT King K Culp CPT Joseph A RehyanskyCPT James R Dedrick CPT Eldon D RobertsCPT Peter M Desler CPT Robert W SchiveraLT John H Distin USCG CPT John F SchmutzCPT Daniel J Dykstra Jr CPT Gerald A SchroederCPT James S Eakes CPT Paul M ScottCPT Frank B Ecker Jr CPT John R SeeronenCPT Robert D Ganstine CPT Ruurd C SegaarCPT James L Goetz MAJ David HD Selwood British Army CPT Michael H Gottesman CPT Frederic N SmalkinCPT Keith H Harnack CPT Brian K SmithCPT John D Hand CPT Ronald M SmithCPT Joseph W Hely Jr CPT Stephen L SmithCPT Ted B Herbert CPT Shelby L Starling JrCPT James A Hightower Jr CPT Richard T St Clair CPT Paul F Hill CPT Guyton O Terry JrCPT Stephen A Husman CPT Lewis L Thompson JrCPT Joseph P Kulik Jr CPT Harry A Tucker Jr CPT Harry L Lamb Jr CPT Lanny T Winberry CPT Lafayette J Lamb CPT Lawrence E Wzorek CPT Mark R Lindenmeyer
67th BASIC CLASS GRADUATES
CPT Raymond R DeckertCPT George W Bailey Jr CPT Leroy L De NooyerCPT William J Baker CPT John J DioguardiCPT K Reid Berglund CPT Chauncey W Durden III CPT William G Berkson CPT Gregory L EdlefsenCPT John D Billingslea Jr CPT William H EldridgeCPT Jack T Brooks CPT Ray A FarringtonCPT Edward G Bryant CPT Dominic A Femino JrCPT Stephen R Burns CPT Frank T FlanneryCPT Demmon F Canner CPT Cecil G Foster JrCPT Richard A Cefola CPT Charles C FreyerCPT Matthew J Coco CPT William P FugelsoCPT Peter J Curry CPT Russell J GeoffreyCPT Lawrence R Daniels
114
CPT Jerry H Gilbert CPT Daniel R Grills CPT Robert L Guinn CPT Alfred H Juechter Jr CPT Marshall M Kaplan CPT Douglas 1 Kaukl CPT Donald L Ketels Jr CPT Dennis A Klejna CPT Carlos E Lazarus CPT Jerome L Lemberger CPT John J Madden Jr CPT Frank C Marshall Jr CPT John B Martin CPT Carlos G Martinez CPT Everett D Marvin III CPT Roger K Masuda CPT Dale V Matthews CPT Daniel C McCarthy CPT Samuel P Militello CPT Clifford J Moy CPT Paul S Murphy CPT Steven D Needle CPT Charles M Nester CPT John K Northrop
CPT James M Norton CPT Willard E Nyman III CPT Louis F Pine II CPT Robert A Prentice CPT Herbert L Raiche CPT John T Rank CPT Michael G Rice CPT Wayne G Rod CPT James H Rosenblatt CPT Michael L Rudasill CPT James A Rupp CPT Stephen V Saynisch CPT Benjamin H Settle CPT Charles W Sheehan Jr CPT Anthony J Siano CPT Douglas C Smith CPT William L Sossaman CPT Craig L Stevenson CPT Marshall M Sweeney CPT Allan A Toomey CPT Martha J Trudo CPT John K Vreeland CPT Craig M Wilson CPT Eduard T L Zijlstra
68th BASIC CLASS GRADUATES
CPT Richard C Bentley CPT Fay the A Blake CPT John R Bone LT Robert G Bright USCG CPT William 1 Caron CPT Larry G Cecil CPT Ronald L Chapman CPT Hugh E Cherry CPT Michael C Denny CPT Graydon W Dimkoff CPT Ronald E Erickson CPT Ralph J Frick Jr CPT Lester M H Goo CPT Glenn S Hara CPT William C Jaekel CPT Thaddeus J Keefe III
CPT Leslie E LeDoux II CPT Robert A Long Jr CPT William G F Mill er CPT Kenneth E Mitchell LT James D Morgan USCG CPT Robert E Morris CPT Vahan Moushegian Jr CPT Frank R Newett CPT Richard H Nixon CPT James P Ring CPT Conrad J Rybicki CPT Ronald J Shea LT John E Shkor USCG CPT Lawrence A Smith CPT Frank J Wagner Jr CPT Alvern C Weed
115
bull
APPENDIX K
BASIC CLASS ACADEMIC AWARDS
American Bar Association Award for Professional Merit (highest overall academic standing)
CPT Robert F Apgar 65th Basic CPT Lawrence E Wzorek 66th Basic CPT John K Vreeland 67th Basic CPT Robert A Long Jr 68th Basic
Commandants Award for Professional Merit (second highest overall academic standing)
CPT John R MacPherson 65th Basic CPT Frederick N Smalkin 66th Basic CPT John T Rank 67th Basic CPT Glenn S Hara 68th Basic
Judge Paul W Brosman Award United States Court of Military Appeals (highest standing in Criminal law subjects)
CPT Robert F Apgar 65th Basic CPT Gerald J Leeling 65th Basic CPT John R MacPherson 65th Basic CPT Peter K Plaut 65th Basic CPT Dale B Smith 65th Basic CPT James W Almand 66th Basic CPT Frederick N Smalkin 66th Basic CPT Harry A Tucker Jr 66th Basic CPT Lawrence E Wzorek 66th Basic CPT John K Vreeland 67th Basic CPT Robert A Long Jr 68th Basic CPT Frank R Newett 68th Basic
The Foundation of the Federal Bar Association Award for Distinguished Accomplishment (highest standing in Procurement Law subjects)
CPT Charles B Dickson CPT Frederick N Smalkin CPT John J Dioguardi CPT William C Jaekel
65th Basic 66th Basic 67th Basic 68th Basic
117
Judge Advocates Association Award for
CPT Joyce E Plaut CPT James W Almand CPT Paul M Scott CPT Lawrence E Wzorek CPT George W Bailey Jr CPT Hugh E Cherry
Achievement (highest standing in Civil Law)
65th Basic 66th Basic 66th Basic 66th Basic 67th Basic 68th Basic
Association of the United States Army Plaque (highest standing in Phase I)
CPT John R Hill CPT Alexander L Blondeau Jr CPT Willis D Cronkhite CPT John J Dioguardi CPT Ronald L Chapman
65th Basic 66th Basic 66th Basic 67th Basic 68th Basic
118
GUEST
SPEAKER
Mr Roscoe J Ailor Chief Recovery Division U S Army Claims Service Fort Meade Maryland
Professor Richard C Allen Director Institute of Law Psychiatry and Criminology George Washington University
Mr Harry H Almond Jr Senior Attorney-Advisor Office of General Counsel for International Affairs Office of Secretary of Defense
BG Bruce C Babbitt USA Assistant Judge Advocate General for Civil Law
Professor Richard R Baxter Harvard University School of Law
LTC Harry Beavers MC Chief Family Planning Service Walter Reed Medical Center
Colonel Myron Birnbaum USAF U S Air Force Judiciary
Major Ramond K Bluhm U S Army Civil Affairs School Fort Bragg North Carolina
Professor James E Bond School of Law Washington amp Lee University
APPENDIX L
SPEAKERS AND VISITORS
TOPICPURPOSE OF VISIT
Oaims Administration Panel
Examination of a Psychiatrist
The Law of War - Applied to Weapons and Targets
Addressed Opening Exercises of the 54th Procurement Attorneys Course and the Third Procurement Attorneys Advanced Course conducted Advanced Class Seminar
Perspectives on Work Being Done on the Geneva Conventions of 1949
Family Counseling and Family Planning
Armed Services Correctional Program
U S Civil Affairs Current Developments
Internal Conflicts and Common Article 3
119
Captain Michael A Brodie JAGC Litigation Division OTJAG
Captain Clifford D Brooks JAGC Procurement Law Division OTJ AG
Dr Robert Brown Psychiatrist Charlottesville Virginia
Mr Thomas V Bryant Jr Office of the General Counsel Small Business Administration
Mrs Nancy Buc Assistant Director for Consumer
Education Bureau of Consumer Protection Federal Trade Commission
Mr Francis T Buckley Chief Counsel U S Army Missile Command Redstone Arsenal
Hon John A Busterud Deputy Assistant Secretary of Defense Washington D C
Hon J Fred B uzhard t General Counsel Department of Defense
Mr John Carey Partner Coudert Bros Law Firm New York
Major General J S Cheney USAF The Judge Advocate General U S Air Force
Evaluation and Settlement of Suits under the Federal Tort Claims Act and Federal Care Recovery Act The Federal Medical Care Recovery Act
Labor Standards in Government Contracts Special Interest Institutes
Family Law Panel
The 8(a) Subcontracting Program
Consumer Protection Panel
Weapons Systems Acquisition vs Procurement at Post Camp and Station Level
Environmental Quality
Addressed 1972 JAG Conference
Recent Developments in Human Rights
Conducted Advanced Oass Seminar
120
Dr Lawrence E Chermak Funding of Major Acquisitions Counsel for the Comptroller of the Navy Office of the General Counsel Department of the Navy
Colonel Jerry E Connor USAF Chief Legal Assistance Division OTJAG Department of the Air Force
LTC Albert A Covington JAGC Staff Judge Advocate Retraining Brigade Fort Riley Kansas
Mr Richard Cunningham Office of the General Counsel U S Army Corps of Engineers
Mr Gilbert Cuneo Partner Sellers Conner amp Cuneo Washington D C
Mr Overton A Currie Partner Smith Currie amp Hancock Atlanta Georgia
Mr Jerome J Curtis Jr Assistant Professor of Law Marshall-Wythe School of Law College of William and Mary
Hon William H Darden Chief Judge U S Court of Military Appeals
Hon Arno H Denecke Associate Justice Oregon Supreme Court
Mr Edwin Dosek Bureau of Consumer Protection Federal Trade Commission
Current Status and Future Plans for Pilot Legal Services Program
Retraining the Soldier
The Army What the Future Holds The Army An Impact Statement on the Effects of Environmental Law-The Lawyers View
Contractors View of Board of Contract Appeals
Contractors View of Performance Problems of Construction Contracts
Real Estate Transactions
Addressed JAGSO Units
Hearsay Hazards
Consumer Protection Panel
121
Mr Dolf Droge National Security Council Staff The White House
Mr Stanley Dubroff Chief Counsel Electronics Command Fort Monmouth New Jersey
LTC Joseph A Dudzik JAGC Procurement Law Division OTJAG
Hon Robert M Duncan Judge United States Court of Military Appeals
Major William G Eckhardt JAGC Chief Personnel Affairs Branch Litigation Division OTJ AG
Colonel John L Fellows Jr ARM Commanding Officer U S Army Garrison Presidio of San Francisco
Mr Allen Felts Oaims Training Director Eastern Regional Office State Farm Insurance Company
Mr Nicholas A Fidandis Commissioner Federal Mediation amp Conciliation Service
Colonel Zane E Finkelstein JAGC Office Chairman Joint Chiefs of Staff Department of Defense
Mr Lawrence D Gaughan Associate Professor of Law Washington amp Lee University School of Law
An Analysis of the Vietnam Situation
Practical Aspects of Contract Types and Negotiation Procurement EthiQs
Current Developments in Procurement Law
The Military Judge and the Court of Military Appeals
Helping a Commander Control his Installation Relationships Between DA and Department of Justice and Litigation Reports Panel
The Legal Problems of an Installation Commander
Insurance Company View on Claims Settlement
Impasse Mediation
Joint Chiefs of Staff On-Going Agreements
An Outline of the Civil Law System and Doctrine Civil Affairs in Combat The Israeli Experience
122
Captain Norman L Goldberg JAGC Military Personnel Law Team Administrative Law Division OTJAG
Colonel Viviano Gomez Jr JAGC Staff Judge Advocate U S Army Training Center Fort Ord California
Professor Gidon A G Gottlieb School of Law New York University
Captain Kenneth E Gray JAGC Office of the Staff Judge Advocate U S Army Training Center Infantry Fort Dix New Jersey
Air Vice Marshal Eric G Hall Pakistan Embassy Washington D C
Captain Andrew M Harkness JAGC Procurement Law Division OTJ AG
LTC R G Harmer British Embassy Washington D C
Mr Neal Harrison Director Classification Division U S Disciplinary Barracks Fort Leavenworth Kansas
Colonel Alton H Harvey JAGC Chief Criminal Law Division OTJAG
Mr Elliot Harwood Deputy Assistant Director Plans and Policy Office of Director of Defense Research and Development
Contemporary Problems in Personnel Separations
Conducted Advanced Class Seminar
National Implementation of the Laws of War
The Pilot Program-Present and Future
Distinguished Guest at the 21 st Advanced Oass Graduation
Labor Standards in Government Contracts
Liaison Visit
U S Disciplinary Barracks and Army-Air Force Clemency and Parole Board
Law Office Management
Weapons Systems Acquisition
123
LTG Joseph M Heiser Jr USA Deputy Chief of Staff for Logistics
MG Kenneth J Hodson USA Chief U S Army Legal Services Agency
LTG Harris W Hollis USA Chief Office of Reserve Components Department of the Army
Colonel Kenneth A Howard JAGC Chief Trial Judiciary OTJ AG
Captain Fred Huff JAGC Lands Office OTJAG
Hon Hadlai A Hull Assistant Secretary of Army for
Financial Management
Mr Michael R Jetter Internal Revenue Service Richmond Virginia
Mr Robert Johnson Harris Tuck Freasier amp Johnson Richmond Virginia
Mr Nathaniel Jones General Counsel NAACP New York New York
Professor Yale Kamisar School of Law University of Michigan
Professor Delmar Karlen School of Law New York University
Importance of Legal Officers in Logistics
Conducted Advanced Class Seminar 11th Military Judge Course Graduation
Addressed National Guard Conference
Records Reports and Administration Panel Sentencing General and Special Findings
Environment and Law
21 st Advanced Class Graduation Speech
Rent and Price Controls
A Plaintiffs Lawyer Looks at Torts Practice
Task Force on the Administration of Military Justice in the Armed Forces
Second Annual Kenneth J Hodson Lecture in Criminal Law
First Annual Edward H Young Lecture in Military Legal Education
124
Captain Elton J Keeley INF U S Army Civil Affairs School U S Army Institute for
Military Assistance Fort Bragg North Carolina
Colonel William R Kennedy USAF U S Air Force Judiciary
CW2 Dieter P Kohler U S Army Claims Service
Mr L David Korb Deputy Director Office of Labor-Management Relations U S Civil Service Commission
Captain Royce C Lamberth JAGC Litigation Division OTJAG
Hon Francis J Larkin Third District Court Milford Massachusetts
LTC Edward A Lassiter JAGC Assistant Chief Military Justice Division OTJAG
Mr Shao-chuan Leng Professor of Government and
Foreign Affairs University of Virginia
Captain Morris 1 Lent JAGC Deputy Staff Judge Advocate U S Army Engineer Center Fort Belvoir Virginia
Mr William Lessin Office of Directorate for Personnel
and Community Activities Fort Belvoir Virginia
U S Civil Affairs Orientation
Records Reports and Adninistration Panel
Claims Administration Panel
The Federal Labor-Management Relations Program Today
Military Personnel Law Litigation
Judicial Technique and Administration
Current OTJAG Military Justice Policies and Projects
Communist Law--Chinese Legal Principles
Legal Services Center Concept
Budgeting for a JA Office
125
Professor Richard B Lillich School of Law University of Virginia
Mr Ronald E Lunstrum Senior Corrections Specialist Department of the Navy
Major Eric Mackintosh Staff Officer MASSTER Project Fort Hood Texas
BG Clyde R Mann USMC Director Judge Advocate Division U S Marine Corps Washington D C
Dr Theodore C Marrs Deputy Assistant Secretary of Defense
for Reserve Affairs DOD Washington D C
Professor Daniel J Meador James Monroe Professor of Law University of Virginia
Mr Wayland Medley Technical Staff Economic Stabilization Board Internal Revenue Service Richmond Virginia
Mr Robert W Meserve President American Bar Association
Mr Travis Mills Assistant General Counsel U S Civil Service Commission
Humanitarian Intervention
Armed Services Correctional Program
Project MASSTER Orientation
Distinguished Guest at 21 st Advanced Class Graduation
Addressed JAG Reserve Conference
Discovery under the Federal Rules of Civil Procedure
Rent and Price Controls
Orientation Visit
The Role of the Government Attorney in the Civilian Personnel Process
126
Mr John Norton Moore Counselor on International Law Office of the Legal Advisor Department of State
Mr Anthony L Mondello General Counsel U S Civil Service Commission Washington D C
Hon Robert Morgan Attorney General North Carolina
LTC James A Mounts JAGC Chief Personnel Claims Division U S Army Claims Service
Professor Gerhard OW Mueller School of Law Criminal Law Education and
Research Center New York University
Hon Tim Murphy Judge of the Superior Court of the District of Columbia
Colonel Abraham Nemrow AUS (Ret) Clerk of the Army Court of
Military Review U S Army Judiciary
LTC James E Noble JAGC Chief Patents Division OTJAG
LTC Matthew B ODonnell JAGC Defense Appellate Division OTJAG
Colonel Oliver E 0 Kier MPC Commandant U S Disciplinary Barracks Fort Leavenworth Kansas
The Use of Force in U S Foreign Policy
Civil Service Commission
Addressed JAG Conference
Personnel Claims Act A Modern Approach
Alternatives to Imprisonment
The Sentencing Function of the Trial Judge
Pretrial Advice and Common Errors Post Trial Review and Common Errors Administrative Errors in Records of Trial
Patents and Technical Data
Military Justice and Race Relations
Corrections and Rehabilitation in the Army Panel
127
MG Harold E Parker USA The Assistant Judge Advocate General
Major Theodore B Paterson U S Army Correctional Training
Facility Fort Riley Kansas
Captain B Raymond Perkins USNR Officer in Charge U S Navy-Marine Corps Judiciary
Activity OTJ AG Department of the Navy
Mr C Norman Poirier Deputy General Counsel Commission on Government
Procurement
Mr Herman L Pollock Executive Director Public Defender Project Supreme Court of Pennsylvania
Mr S J Pomrenze Chief Office Management Division Administrative Services Directorate OT AG Department of the Army
LTC Robert W Poydasheff JAGC Chief Civilian Personnel Law Division OTJ AG
MG George S Prugh USA The Judge Advocate General Department of the Army
Mr Rouhollah K Ramazani Professor of Government and
Foreign Affairs University of Virginia
Addressed Graduation Exercises of the 65th 66th 67th and 68th Basic Classes Conducted Advanced Class Seminar
Armed Services Correctional Program
Records Reports and Administration Panel Relationship of Counsel Decorum and Judicial Responsibilities
Government Procurement Commission Report
Functions of Defense Counsel
The Current and Future Status of the Army Records Management Program
Civilian Personnel Law and Labor-Management Relations
Conducted Advanced Class Seminar
Traditional Law and Foreign Influences in the Islamic World
128
MG Lloyd B Ramsey USA The Provost Marshal General
LTC Philip N Reed INF U S Army Civil Affairs School U S Army Institute for
Military Assistance Fort Bragg North Carolina
RADM Horace B Robertson Jr JAGC USN
Deputy Judge Advocate General of the Navy
Captain John H Rodgers JAGC Office of the Staff Judge Advocate Office of the Surgeon General
Mr Joseph H Rouse U S Army Claims Service
Dr Jesse G Rub in President Psychiatric Institute Foundation Washington D C
Professor Helmut Rumpf Office of the Legal Advisor Foreign Office Federal Republic of Germany
Captain Nicholas Sabalos USN Office of the Director J oint Staff Joint Chiefs of Staff
Mr Harry M Saragovitz Assistant General Counsel Army Materiel Command
Mr Arpiar Saund ers Attorney National Prison Project Washington D C
Addressed the 21st Advanced Class
U S Civil Affairs Orientation
U S Navy Military Judge
Family Planning Panel
Federal Tort Claims Act Injury Evaluation
Psychiatric Evaluations
Mutual Collective Security of United States and Germany
Joint Chiefs of Staff On-Going Agreements Military Implementation of the Law of War
Weapons Systems Acquisition and Technical Data
Prisoners I Rights
129
Mr John Schulz Editor-in -Chief Military Law Reporter The Public Law Education Institute Washington D C
Major David H D Selwood Deputy Assistant Director of
Army Legal Services Ministry of Defence United Kingdom
Mr Thomas Sheck ells Manager of Federal Agreements Environmental Protection Agency
Mr Paul Shnitzer Office of the Comptroller General
Colonel James E Simon JAGC Staff Judge Advocate U S Army Training Center Fort Dix New Jersey
Mr Curtis Smothers Acting Deputy Assistant Secretary
of Defense for Equal Opportunity
Mr Richard C Solibakke Chairman Armed Services Board of
Contract Appeals Department of Defense
Mrs Goody L Solomon Executive Editor Office of Consumer Services Department of Health Education
and Welfare
Outsiders View of Military Litigation
Northern Ireland Situation
Environmental Law
Problems in Award of Negotiated Contracts
Conducted Advanced Class Seminar
Race Relations Consideration of onshygoing Defense and Army Educational Programs to Improve Race Relations and the use of Off-Post sanctions in CONUS and Overseas
Contract Claims and Litigation Boards of Contract Appeals
Consumer Protection Panel
130
Mr Michael R Sonnenreich Deputy Chief Counsel Bureau of Narcotics and Dangerous Drugs Department of Justice
Mr William H Speck Associate Counsel Naval Facilities Engineering Command
Mr Richard E Speidel Henry L and Grace Doherty
Professor of Law University of Virginia
RADM Merlin H Staring USN The Judge Advocate General U S Navy
Mr Jack Stempler General Counsel Department of the Air Force
Major Frank Stone International Affairs Division OTJAG
Mr John H Sud a Assistant Corporation Counsel Government of the
District of Columbia
Mr Paul Summers Trust Officer Citizens Bank amp Trust Company Charlottesville Virginia
Major William K Suter JAGC Assistant for Plans Personnel Plans amp Training Office OTJAG
Colonel Warren L Taylor JAGC SJ A Fifth United States Army Fort Sam Houston Texas
Drug Abuse Control
The Governments Perspective Concerning Construction Contract Performance Problems
Role of the GAO in the Bid Protest Procedure
Cond ucted Ad vanced Gass Seminar
Orientation Visit
The Status of Military Forces in Japan Korea and Germany
Motion Practice under the Federal Rules of Civil Proced ure
Investment Counseling
Plans Programs and Training
Conducted Advanced Class Seminar
131
Colonel Joseph N Tenhet Jr JAGC Special Assistant to TJAG OTJAG
Mr Charles Terry Attorney at Law Morristown Tennessee
LTC James F Thornton Jr JAGC Staff Judge Advocate U S Army Garrison Fort Campbell Kentucky
Rev David Turner Pastor St Marks Lutheran Church Charlottesville Virginia
Dean George A Van Hoomissen National College of District Attorneys University of Houston
Mr Paul B Walter School of Law University of Virginia
Captain John Whalen JAGC U S Army Claims Service
Colonel Frederick Bernays Wiener AUS (Ret)
Washington D C
BG Lawrence H Williams USA Assistant Judge Advocate General
for Military Law
Mr Raymond 1 Williams Executive Secretary Army Board for Correction of
Military Records
Final J A Operations in Vietnam
Anatomy of a Trial
Conducted Advanced Class Seminar
Family Law Panel
Functions of Prosecution
Understanding your Client
Federal Tort Claims Act Injury Evaluation
Some Historical Aspects of Military Law
Conducted Advanced Class Seminar
Policies and Procedures of the Army Board for the Correction of Military Records
132
Colonel Wade H Williamson JAGC Chief Administrative Law Division OTJAG
Mr Adelbert K Wnorowski Raphael amp Wnorowski Amsterdam New York
Dr Nathan Wolkomir President National Federation of Federal Employees
Colonel John A Zalonis JAGC Chief Legal Assistance Office OTJAG
Current Problems in the Personnel Area
Grievances and Arbitration
Union Viewpoint of the Federal Labor-Management Relations Program
Update on Current Status and Future Plans for the Pilot Legal Services Program
133
APPENDIX M
ARTICLES BY STAFF AND FACULTY MEMBERS
Colonel John Jay Douglass High Command Case A Study in Staff and Command Responsibility The International Lawyer Vol 6 No4 (Oct 1972)
Lieutenant Colonel John L Costello Book Review Great Court-Martials 59 Military Law Review 233 (1973)
Major James R Coker Book Review The International Law of Civil War 59 Military Law Review 239 (1973)
Major James R Coker Book Review The Death of the Army-A Pre-Mortem Fordham Law Review
Major James R Coker The Status of Visiting Military Forces in Europe A Treatise on International Criminal Law (Bassiouni amp Nanda Ed) Vol II (CCThomas Illinois 1973)
Major James A Endicott Jr New Approach to Military Law Instruction 738 Army ROTC Education Commentary lA (1973)
Major James A Endicott Jr Decision Making and the Court-Martial Cases 45 The Judge Advocate Journal (1973)
Major James A Endicott Jr Claims Against the United States 9 Law Notes 17 (1972)
Major Francis A Gilligan Issues Raised by Military Warrants The Army Lawyer Vol 2 No 8 (August 1972)
Major Francis A Gilligan Inspections The Army Lawyer Vol 2 No 11 (November 1972)
Major Francis A Gilligan Eyewitness Identification 58 Military Law Review 183 (1972)
Major Francis A Gilligan Probable Cause and the Informer 60 Military Law Review 1 (1973)
Major J J McGowan Sr SJA Spotlight--Iran The Army Lawyer Vol 2 No 10 (Oct 1972)
135
Major Paul Jackson Rice Military Dissent The Army Lawyer Vol 3 No2 (Feb 1973)
Captain Bernard R Adams Eminent Domain Police Power and Urban Renewal Compensation for Interim Depreciation in Land Values 7 Georgia Law Review 226 (Winter 1973)
Captain Stephen L Buescher The Court of Military Appeals A Survey 59 Military Law Review 129 (1973)
Captain Edward J Imwinkelried The New Federal Rules of Evidence The Army Lawyer Vol 3 No4 (April 1973)
Captain Edward J Imwinkelried The New Federal Rules of Evidence Part II The Army Lawyer Vol 3 No5 (May 1973)
Captain Jack F Lane Jr The Undesirable Discharge--Administrative Tool or Back-Door Court Army Vol 22 No 11 (Nov 1972)
Captain Jack F Lane Jr Classification Promotion and Racial Discrimination The Army Lawyer Vol 3 No5 (May 1973)
Captain Jordan 1 Paust My Laiand Vietnam Norms Myths and Leader Responsibility 57 Military Law Review 99 (1972)
Captain Jordan 1 Paust Law in a Guerrilla Conflict Myths Norms and Human Rights III Israel Yearbook
Captain Jordan J Paust The Nuclear Decision in WWII Trumans Ending and Avoidance of War International Lawyer (1974)
Captain Jordan 1 Paust Comment on Command Responsibility 25 Naval War College Review (Jan-Feb 1973)
Captain Jordan J Paust Human Rights Human Relations and Overseas Command The Army Lawyer Vol 3 No I (Jan 1973)
Captain Donald N Zillman In-Service Conscientious Objection 10 San Diego Law Review (1973)
Captain Donald N Zillman The Court of Military Appeals A Survey 59 Military Law Review 129 (1973)
136
Captain Donald N Zillman Armed Services the 5th Circuit 21 Mercer Law Review (1972)
Captain Donald N Zillman Recent Development Environmental Law 57 Military Law Review 203 (1972)
Captain Donald N Zillman Involuntary Activation of Reservists The Army Lawyer Vol 2 No 10 (Oct 1972)
137
APPENDIX N
VISITS TO RESERVE UNITS - FY 1973
I JAG DETACHMENTS
9th Cleveland Ohio 7 Feb 1973 213th Atlanta Georgia 17 Feb 1973 155th 42d Pitt sburgh Pennsylvania 19 Feb 1973 153 157th Philadelphia Pennsylvania 20 Feb 1973 10th Washington D C 21 Feb 1973 3d Boston Massachusetts 22 Feb 1973 12th Columbia South Carolina 23 Feb 1973 78th Los Angeles California 27 Feb 1973 20th Dallas Texas 28 Feb 1973 173d Birmingham Alabama 2 Mar 1973 8th Kansas City Kansas 5 Mar 1973 139th Cincinnati Ohio 6 Mar 1973 148th Columbus Ohio 7 Mar 1973 4th New York New York 8 Mar 1973 7th Chicago Illinois 10 Mar 1973 81 st San Diego California 14 Apr 1973 I 20th Denver Colorado 28 Apr 1973 2d New Orleans Louisiana 30 Apr 1973 9th Cleveland Ohio I May 1973 106th Detroit Michigan 2 May 1973 162d Richmond Virginia 6 May 1973
II USAR SCHOOLS
(Visits required by Annex AL CON Reg 350-1)
Richmond USAR School 29 May 1973 Norfolk USAR School 19 May 1973
139
III J1l
Miami USJR School Phase II BOJC
South Charleston USJR School
Seattle USJR School 99th JJG Detachment l62d JJG Detachment
121 st JJG Detachment 20th JJG Detachment 2l0th JJG Detachment
89th JJG Detachment l73d JJG Detachment l55th JJG Detachment
35th JJG Detachment
Livonia USJR School
Hattiesburg Mississippi
Fort Ritchie Maryland
Reno Nevada Joliet Msenal Illinois HQ Electronics Command
Fort Monmouth N J Redstone Msenal Jlabama Rock Island Jrsenal Illinois White Sands Missile Range
New Mexico Fort Huachuca Mizona Huntsville Jlabama MllMllS Brooklyn and MllMllS
Bayonne llerminal Jviation Systems Command
St Louis Missouri DePere Wisconsin
18-20 Jul 1972
6-7 Jug 1972
8-9 Jug 1972 18 Jan 1973 7-8 Mar 1973
25 Jpr 1973 7 May 1973 16 May 1973
17 May 1973 18 May 1973 21-22 May 1973
7-8 Jun 1973
17-18 Jun 1973
140
APPENDIX 0
LECTURES GIVEN OUTSIDE TJAGSA
COL John Jay Douglass Chaplains School Fort Hamilton New York
COL John Jay Douglass Fort Gordon Georgia
COL John Jay Douglass Richmond Virginia Chapter of The Military Order of the World Wars
COL John Jay Douglass Defense Information School Fort Benjamin Harrison Ind
COL John Jay Douglass Finance School Fort Benjamin Harrison Ind
COL John Jay Douglass Naval Justice Seminar Coronado Beach California
COL John Jay Douglass Sergeants Major Academy Fort Bliss Texas
LTC David A Fontanella Ft McClellan Alabama
LTC David A Fontanella Ft Benning Georgia
LTC David A Fontanella Ft Rucker Alabama
FISCAL YEAR 1973
Civil Law Problems and the Chaplain
Presented Opening Remarks to Phase 1shy67th Basic Class
Military Law Today
The Serviceman and the Bill of Rights
Current Developments in Military Law
TJ AGSA and the Training of J AGC Reserves
Military Justice
Civil Law Update
Civil Law Update
Civil Law Update
141
LTC David A Fontanella Army and Air Force Senior ROTC Gasses University of Virginia Charlottesville Virginia
LTC David A Fontanella Chaplains School Ft Hamilton New York
LTC David A Fontanella U S Army War College Carlisle Barracks Pa
LTC David A Fontanella U S Army War College Carlisle Barracks Pa
LTC David A Fontanella U S Army War College Carlisle Barracks Pa
LTC David A Fontanella U S Army War College Carlisle Barracks Pa
MAJ James R Coker Fort Lee Virginia
MAJ James R Coker Fort Bragg North Carolina
MAJ James R Coker USAIMA Fort Bragg North Carolina
MAJ James R Coker Staunton Military Academy Staunton Virginia
MAJ James R Coker Valley Forge Pennsylvania
Military Personnel Law
Military Personnel Law
Challenges to Command
Military Personnel Law
Gairns and Litigation
Challenges to Command
The Law of War in Modern Armed Conflict
The MAAG Mission and the Law of War
Law of War and CivilMilitary Operations
Introduction to the Laws of WaI
The Rule of Law in Warfare
142
MAJ Francis A Gilligan Army War College Carlisle Barracks Pa
Constitutional Rights and Article 15
MAJ Nancy A Hunter Hofstra University and Law School Hempstead New York
bull Women in the Military
MAJ Jack F Lane Jr Army and Air Force Senior ROTC Classes University of Virginia Charlo ttesviIle Virginia
Boards of Officers and Administrative Law
MAJ James J McGowan Fort Eustis Virginia
Law of Modern Armed Conflict
MAJ Fort
James 1 McGowan Eustis Virginia
The Law of War in Modern Armed Conflict
MAJ Paul J Rice Washburn University of Topeka School of Law Topeka Kansas
JAGC Orientation
MAJ Paul J Rice University of Kansas School of Law Lawrence Kanssa
JAGC Orientation
MAJ Paul J Rice University of MissourishyKansas City School of Law Kansas City Missouri
JAGC Orientation
MAJ Paul 1 Rice University of Missouri-shyColumbia School of Law Columbia Missouri
JAGC Orientation
MAJ Paul J Rice St Louis University School of Law St Louis Missouri
JAGC Orientation
143
MAJ Paul J Rice Washington University School of Law St Louis Missouri
MAJ Paul J Rice Pre-Law Advisors from the State of Virginia University of Virginia Charlottesville Virginia
MAJ Paul J Rice U S Army War College Carlisle Barracks Pa
CPT Bernard R Adams Army Reserve Unit Cherry Avenue Charlottesville Virginia
CPT Ronald C Griffin Rutgers University Camden New Jersey
CPT Ronald C Griffin University of Oregon Eugene Oregon
CPT Jan Horbaly Army ROTC University of Virginia Charlottesville Virginia
CPT Jan Horbaly Reserve CampGS Training Charlottesville Virginia
CPT Edward J Imwinkelried Army ROTC University of Virginia Charlottesville Virginia
CPT W H Parks USMC NROTC University of Virginia Charlottesville Virginia
JAGC Orientation
Career Opportunities in the JAG Corps
Military Installations and the Authority of the Commander
Drug Abuse Control
Civil Rights in the Military
Consumer Protection The Soldiers and Sailors Civil Relief Act
Introduction to Military Justice
Introduction to Military Justice
Article 15
Introduction to Military Justice
144
Advocate Generals Corps were graduates of the School Colonel Reginald C Miller JAGC became the Commandant in December 1944 The end of the war substantially reduced the need for trained military lawyers and in 1946 the School was deactivated
A 1946 study on the administration of military justice recommended that provisions be made for the training of Army lawyers in military law and plans were soon being prepared in the Office of The Judge Advocate General to implement the recommendation The passage of the Uniform Code of Military Justice and the Korean conflict accentuated the need for judge advocate training facilities As a consequence The Judge Advocate Generals School was activated at another temporary training facility at Fort Myer Virginia again under the guidance of Colonel Young Approximately 200 officers attended several five-week courses in basic military law taught by five officer-instructors
By this time the decision had been made to establish The Judge Advocate Generals School as a permanent branch service school It was decided to locate the School within 200 miles of Washington but sites as far away as Fort Crockett Texas and Fort Rodman Massachusetts had been considered In the spring of 1951 a survey was made of the facilities offered by the University of Virginia and on 2 August 1951 the present Judge Advocate Generals School was established on the Grounds of the University of Virginia
Previous Commandants
Colonel Charles L Decker 2 August 1951-14 June 1955
Colonel Nathaniel B Rieger 15 June 1955--1 March 1957
Colonel John G OBrien 1 March 1957--13 May 1961
Colonel John FT Murray 1 July 1961-31 December 1964
Colonel John W Burtchaell 1 January 1965--30 June 1966
Colonel Lewis F Shull 25 July 1966-3 September 1967
Colonel Kenneth C Crawford 3 September 1967-1 June 1970
COL Edward H Young JACC
2
Section 2
Office of the Commandant
The Commandant is the Commander of The Judge Advocate Generals School
U S Army a field oper~lting agency of the Office of the Judge Adv0Cltc Gencnl He
is responsible for the accomplishment of the mission of the School which includes the
personnel and logistic support functions undertaken at the School by assigned personnel
The Commandant exercises special court-martial jurisdiction He is in effect a law school dean a post commander a law book editor and publisher a research director and the
career management ~lIId training officer for all JAGC reservists
During the year the Schools second academic chair was established in honor of
the first Commandant of The Judge Advocate Generals School who served as such during
both World War II and the Korean conflict The Colonel Edward H Ham Young Chair
C()L bzlau H YOInu ([Smiddotl f~ct i
slwakillg dt (cdicution cercllOnics for tlC LcUdrd H Hmz YOIng ClUlir of Iilitdrv poundo((u ilcation
3
of Military Legal Education is occupied by Colonel John Jay Douglass Commandant of the School Each honorary chair established at the School is associated with an annual lecture of the same name the first Edward H Young lecture was presented by Delmar Karlen of the Institute of Judicial Administration New York
Prof Delmar Karlen
COL Douglass and Mrs Towsey
4
Section 3
Reorganization of the School
In February 1973 the School underwent its first major reorganization since 1956 While this coincided with a major Army reorganization the main purpose of the School reorganization was to divide School missions along functional lines among the various departments Highlights of the reorganizations are
(I) Office of the Commandant The new position of Assistant Commandant for Reserve Affairs and Special Projects was created to provide policy control for the JAGC Reserve program on behalf of The Judge Advocate General of the Army Responsibilities include training management for J AGC units personnel management at the Department of the Army level and coordination of the training of individual JAGC Reserve component members This office replaces and expands on the former Reserve Affairs Department with certain operating functions transferred to the Academic Department
(2) Academic Department The Academic Department retains its former functions with the addition of an Office of Nonresident Instruction The Office of Nonresident Instruction oversees on behalf of the Director the Schools responsibilities for U S Army Reserve Schools correspondence courses ROTC instructional materials military law instruction at other service schools instruction in military law in Army units and the newly assigned mission on-site instruction for J AGC officers in Reserve component units The current faculty augmented by six new members will present the on-site instruction
(3) Development Doctrine and Literature Department This Department performs the newly assigned combat development mission (acquired upon the abolition of the Judge Advocate Agency Combat Developments Command) and continues certain functions of the former Plans and Publications Department Included in the mission of the new Department is the publication of the Military Law Review The Army Lawyer and the Judge Advocate Legal Service Two new positions were created for Combat Development and for Professional Development and Liaison The latter position has the responsibility for liaison with the American Bar Association the Federal Bar Association the Judge Advocates Association and other bar goups throughout the United States
(4) Office of the School Secretary All administrative and logistical support functions have been placed in the Office of the School Secretary In addition to the existing functions of personnel management (Adjutant) services and logistics there has been added
5
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Section 4
Board of Visitors
A Board of Visitors has been appointed pursuant to Executive Order No 11007 and AR 15-1 to insure that the high standards of the School are maintained and to assist in the determination of areas requiring improvement The Board composed of leading civilian practitioners and legal ed Llcators examines the varied operations of the School and sums up its findings with criticisms and recommendations in a report submitted at the end of its inspection During the past year Colonel Van Benschoten was made an honorary member of the Board and Mr Richard E Wiley was appointed as a regular member
The Board met as a group from 10 to 13 April 1973 and re-elected Colonel Deutsch as its Chairman Colonel Deutsch Colonel Van Benschoten Colonel Finger Professor McDougal Professor Reed and Commissioner Wiley were present and undertook an inspection of the School Colonel Benjamin HO Schleider Jr J AGC USAR an attorney in Houston Texas served as the Recorder
Briefing of Board of Visitors
7
Eberhard P Deutsch Attorney at Law arid senior partner of the law firm of Deutsch Kerrigan and Stiles New Orleans Louisiana Editor-in-Chief of the American Bar Association publication The International Lawyer Colonel United States Army Reserve (Retired) and Civilian Aide to the Secretary of the Army from Louisiana
John H Finger Attorney (It Law San Francisco Califorllia and senior partner of the law finn of Finger Brown and Abramson past president of the California Bar Association Colonel United States Army Reserve (Retired) the JlI dge Advocate Generals Corps
Myres S McDougal Sterling Professor of Law The Yale Law School New Haven Connecticllt former president of the Association of American Law Schools
8
Honorable Alfred P Murrah Director Federal judicial Center Senior jude and former Chief judge 10th Circuit US Court of Appeals
john W Reed Ann Arbor Jvlichigan Professor of Law The University of Michigan Law School and Wayne State University Law School Director The Institute of Continuing Legal Education former Dean of the University of Colorado School of Law
Honorable Richard E Wiley Commissioner Federal Communications Commission former General Counsel Federal Communications Commission former Chairman of the Young Lawyers Section of the American Bar Association former partner in the firm of Burditt and Calkins Chicago Illinois former Captain in the judge Advocate Generals Corps US Army
9
Birney M Van Benschoten Attorney at Law New York City General Counsel for American Overseas Petoleum Ltd [Caltex Group J Colonel United States Army Reserve (Retired) the Judge Advocate Generals Corps Honorary Member of Board of Visitors
Following its visit the Board submitted its report containing the following comments and conclusions
a The Board was highly impressed with the efficient organization of the School The Commandant of the School is a highly energetic well-motivated and farsighted educational leader who without question has a high degree of cooperation and support at all levels of the staff and faculty The School is a credit to the Corps
b The Board believes it is an important role of the School to continue its present practice of constantly reviewing its curriculum and objectives Of necessity some of the educational missions of the School must be concerned with how-to-do-it courses and as is recognized by the School it is also important to have an academic environme1t to give it the quality of graduate-type curriculum
c It is believed by a majority of the Board that continued use of the thesis program is an important element in furthering the balance of practical instruction and purely academic thinking Consideration should be given to reorienting the thesis program toward longer range problems that may confront the military legal profession in the future rather than present problems
d The objective of increasing the variety of elective courses of students in the Advanced Course is highly desirable and should be continued and expanded to the extent feasible
e A specific compliment must be paid to the Librarian of the School for her diligent work in the cataloging and development of the acquisition plan of the Library Tremendous improvement has been seen in this one area and a tremendous amount of obvious hard work should not go unnoticed
10
Section 5
Allied Officer Program
Allied Officer Students During Fiscal Year 1973 the Judge Advocate Generals School was privileged to have as students in the 21 st Advanced Course and the 66th Basic Course allied officers from the United Kingdom Iran Jordan Pakistan and the Philippines See Appendix C
The Allied Officers received the same instruction took the same examinations and submitted written papers and theses as did their American colleagues These requirements indicate the high level of fluency in both the written and spoken aspects of the English language that these officers had achieved prior to their arrival at the School
During their stay the Allied Officers were escorted on tours of Jamestown Williamsburg and Norfolk In addition Allied Officers attending the 21 st Advanced Course
COL Fillton with LTC Ridao of the Philippines Squadron Leader Anwar of Pakistan and ivlA] Tehrali
of [ran Members of the 21st Advanced Class
1 I
Mrs Tehrani assists COL Douglass in Promoting MAJ Tehrani
Dean Monrad C Paulsen of UVA Law School visits with LTG Modares and MC Behzadi
12
wcrl cscorted on a DCSOPS Orientation Tour
or Washington DC for a one-week period
illlied Officer Gua dUC Visits On
2 November 1972 the annual banquet
honoring the Allied Officers was held at the
Monticello Hotel Distinguished guests
included The Judge Advocate General
LTG Modares Chief of the Iranian Judicial
Department and MC Behzadi Prosecutor
Ceneral Imperial Iranian Armed Forces
Other distinguished allied officers were
gucsts of the School for orientation visits
during the period covered by this report See
Appendix L
IvJAj Selwood (UK) 66th Basic Class
Allied Officer Gala
13
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Section 6
Interagency Education
The School continued this year to provide legal education to personnel from the other services and agencies within the Federal Government During the year our courses were attended by 48 Navy and Marine Corps officers 49 Air Force officers and 138 civilian employees of the Government from the Department of the Interior NASA the Atomic Energy Commission the U S Postal Service GSA FAA U S Water Resources Council the Department of Transportation GAO NSA the Department of Agriculture SBA ACTION USIA and the Army-Air Force Exchange System Our Basic Course provides the introduction to service oriented law for all of the Coast Guard legal officers and we provide a source of further education for the Coast Guard with our specialized programs
Coast Guard Officers and their Ladies at Basic class Reception
15
Captain William H Parks USMC a member of this years 21st Advanced Oass will be remaining at the School to join our faculty in the international and criminal law fields
Throughout the year the exchange of ideas methods and experience which was made possible by the inter-agency utilization of the School has been of immense value to all of the personnel and organizations involved
Representing the Women Attorneys in Uniform at T]AGSA
LT Dufford user (Basic class) CPT Casper USA (Basic Class) CPT Plaut USA (Basic Class) MA] Hunter USA (Faculty)
CPT Albertson USMC (Adv Class)
CMDR Cassani USCG Presents Basic class Diploma to LT Winona G Dufford USCG
CPT William H Parks US Marine Corps Representative on T]AGSA Faculty Teaching a class
in International Law
16
CHAPTER II
ACADEMIC DEPARTMENT
Section 1
Function and Organization
The Academic Department develops and conducts the Schools instruction for judge advocates in the active forces and Reserve Components Resident courses include the Judge Advocate Officer Basic Course an introductory course in military law for judge advocates initially entering active service and the Judge Advocate Officer Advanced Course which provides an academic year of graduate level study in military law and related fields During the year the department presents several specialized continuing legal education courses ranging from one to three weeks in length These include courses in military justice procurement law international law military personnel and administrative law law relating to military installations legal assistance claims litigation and environmental law Federal civilian employee law and a military judge course designed to qualify judges for the military judiciary The student body includes active duty and Reserve Component judge advocates of the Army Navy Air Force Marine Corps and Coast Guard civilian attorneys employed by the Federal Government and judge advocates from foreign countries The department also offers courses for warrant officer legal administrative technicians and enlisted legal clerks such as a Law Office Management Course the Noncommissioned Officer Educational System (NCOES) Advanced Course and courses for the training of paralegal assistants for military lawyers A three-day Senior Officers Legal Orientation is presented to brigade and installation commanders and other senior line officers In addition the department is responsible for all COL William S Fulton Jr of the Schools nonresident instruction Director Acade mic Department
17
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including the preparation and administration of extension courses the preparation of training material for judge advocates attending United States Army Reserve Schools or serving in Reserve Component units and the presentation of on-site instruction to Reserve Component unit judge advocates at their home stations
During the Fiscal Year 1973 36 resident courses were conducted with 1268 students in attendance Of the 998 Army officers attending courses 783 were active duty
LTC David A Fontanella Chief Civil Law Division
personnel and the remaining were reserve component officers Courses conducted during Fiscal Year 1973 appear at Appendix D Courses scheduled to be conducted during Fiscal Year 1974 are set forth in Appendix E
The official source of infonnation concerning courses of instruction at all Army service schools including The Judge Advocate
LTC Hugh R Overholt Chief Criminal Law Division
Generals School is the US Army Formal Schools Catalog (Department of the Army Pamphlet 350-10) That catalog provides detailed information for staff officers commanders and personnel officers who are concerned with the selection of individuals for school attendance for commissioned officers both active and reserve of the armed forces and all civilian employees of the Government who are interested in attending particular courses and for others who may MAl James R Coker wish to acquaint themselves with the Armys Cllie ICL Division
19
training opportunities In addition Army regulations govern related matters such as attendance by military personnel from foreign countries Quotas for the courses mentioned above except for the Military Judge Course and the Warrant Officers Course may be obtained through usual command channels Quotas for the Military Judge Course are controlled by the U S Army Judiciary in Washington DC Particular inquiries concerning quotas may be addressed to the Commandant The Judge Advocate Generals School US Army Charlottesville Virginia 22901
The organization of the department includes Civil Law Criminal Law International and Comparative Law and Procurement Law Divisions The School is fortunate to have a highly qualified and exceptionally well-motivated faculty The average tenure of the faculty member is three years with an absolute minimum of two full academic years The majority of the faculty has had graduate legal training with some members of the faculty having graduate training in other disciplines An important adjunct member of the faculty is the Schools Educational Advisor Dr John Sanderson Assistant Dean University of Virginia School of Education Dr Sanderson serves as a consultant on a variety of educational problems at the School with primary emphasis on methods of testing and teaching
A Deputy Director for Nonresident Instruction will coordinate Department efforts in the area of military legal instruction for ROTC in other service schools and in the USAR schools He will also coordinate and administer the Schools extension correspondence course program The on-site instruction program will be administered by the Deputy Director for Nonresident Instruction in coordination with the Assistant Commandant for Reserve Affairs
MAJ Richard E Mowry Dr Jolm A Sandcrsoll Chief Procurement Law Division Edlcati01lal Advisor
20
Section 2
Judge Advocate Officer Advanced Course
GClZcral This course offers an academic year of graduate study in all areas of military legal practice Highly qualified judge advocates of the Armed Forces of the United States and allied nations are selected to attend
The Advanced Course is designed to provide an opportunity for experienced judge advocates to renew the study of legal principles in an academic atmosphere The students are encouraged to apply modern legal theory to the problems arising in military settings thus preparing them to be more effective legal advisors to high-level military commanders and to assume positions of substantive responsibility in the offices of The Judge Advocates General
All students take the core curriculum of the four disciplines presented at the ScJh)ol--criminal law civil law international law and procurement law Supplementing
An Afternoon with a General Officer NIG Prugh in an informal seminar with members of Advanced Class
21
the core curriculum are electives presented by the University of Virginia and by the School
Successful completion of the course requires submission of a thesis of graduate level quality which makes a substantial contribution to military legal scholarship A thesis evaluation committee composed of the thesis advisor guest member and School representative grade each paper hear the oral presentation of the thesis by the student and examine the student orally following his presentation Thesis topics and scope notes of members of the 21 st Advanced Class may be found in Appendix F Guest members of the thesis evaluation committees are listed in Appendix G
Additional features of the Advanced Course include the newly instituted program of afternoon discussions with general officer judge advocates and practicing field staff judge advocates and full participation in the Schools conference programs The Advanced Class students have the opportunity to see international law and diplomacy in action when they travel to New York City for a visit at the United Nations During the three-day tour the class receives detailed briefings from the United States United Nations and foreign diplomats and legal advisors The students are given a complete tour of the UN Headquarters A trip to Washington D C provides class members an opportunity to be admitted to practice before the Supreme Court of the United States visit congressional hearings observe proceedings of administrative agencies and receive an orientation at the US Army Judiciary where class members may be admitted to the bar of the US Army Court of Military Review
S PRESENTED BY 21ST ADVANCED CLASS
1972-73
Plltlquc Syilluoliilli2 the 21st Advanced Class Gift of
Trees for Courtyard of NcUJ JAG School Building
22
Shortly after locating at the University of Virginia the quality of The Judge Advocate Generals School Advanced Course Program was brought to the attention of the American Bar Association A detailed inspection of the School by ABA represen ta tives was concl ucted anel 0 n 22 February 1955 the School was accredited by the ABA and its Advanced Course deemed worthy of the Master of Laws degree This accreditation was reaffirmed after a three-day inspection of the JAG School in March 1971
The 21st Advanced Class began on
28 August 1972 with 43 students 111 LTC Loftus Class Leader attendance 35 US Army Judge Advocates 1 US Navy Judge Advocate 4 US Marine Corps Judge Advocates 1 officer from Pakistan 1 officer from the Philippines and I officer from Iran The class was graduated on 1 June 1973 A list of the graduates is contained in Appendix H and the academic awards are noted in Appendix I
Han Hadlai A Hull Assistant Secretary of the Army
(Financial Managernellt) Graduation Speaker for 21 st Adlanceci Class
23
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Coursc Structurc The FY 73 Advanced Course was conducted in two semesters as follows (bracketed numbers following course titles refer to number of semester credit hours granted for that course eg [4 J)
REQUIRED COURSES - FIRST SEMESTER
GOVERNMENT CONTRACT LAW I [3]
The course deals with general principles of government contract law the role of the judge advocate in the procurement process the appropriations process procurement methods contract types and modifications Attention is also given to cost principles and truth-in-negotiations as well as socio-economic policies
CRIMINAL LAW I [2]
This course focuses on the criminal process to include initiation of processjudicial responsibilities of the commander parties to the proceedings trial processes and the appellate process Problems in jurisdiction pretrial confinement trial publicity and professional responsibilities are also considered in roundtable discussions
MILITARY AND CIVILIAN PERSONNEL LAW [2]
A survey of military personnel law civilian personnel law and labor-management relations with emphasis on policy considerations and the lawyers role Special attention is given to legislation personnel affairs litigation conflicts of interest and release of information
INTERNATIONAL LAW I [2]
A basic outline of the rules of public international law as a system or tool used by nations to control guide clarify and proceduralize the relations between nations traditional and contemporary views of international law the state international and regional organizations associations and individuals as participants in the system how decision-making authority is allocated in the system on the basis of jurisdiction and municipal law and peaceful means of dispute resolution concentrating on types of international agreements
MILITARY ORGANIZATION AND OPERATIONS [2J
The organization of the Department of Defense and the Department of the Army to include the organizations missions functions and inter-relationships of DOD Army staffs and major commands and agencies the organization and command structure of an
25
overseas theater of operations to include the command relationships in joint and combined commands and the territorial organization of the theater of operations
REQUIRED COURSES -- SECOND SEMESTER
CRIMINAL LAW II [3]
The course covers constitutional criminal problems trends and developments under the Manual for Courts-Martial United States 1969 (Rev ed) and the Fourth Fifth Sixth and Eighth Amendments Consideration of the law of crimes drugs and affirmative defenses is followed by discussion of wiretapping custodial interrogation psychiatric evidence and search and seizure The course includes discussion of corrections and extraordinary relief
LEGAL PROBLEMS OF COMMAND [2]
A survey of the law of military reservations (jurisdiction and conflicts of law) regulatory law civil rights and management (manpower and fiscal) Special emphasis is given to race relations environmental law dissent command authority and control of military installations
GOVERNMENT CONTRACT LAW II [2]
This course is a continuation of Government Contract Law I It focuses on contract administration covering such areas as contract terminations inspection acceptance and warranties and disputes and remedies Attention is also directed to nonappropriated funds off-shore procurement and service contracts
MANAGEMENT FOR MILITARY LAWYERS [2]
Manpower management includes discussion of manpower vouchers staffing guides preparation of Schedule Xs modification of TDAs the relationship between spaces dollars and position delineation Fiscal management emphasizes the fiscal process of budget programming execution and review at the installation level Personnel management stresses the hehavioral science approach to management of people including job enrichment and motivation theories of organizational psychology The military lawyer analyzes his own management style with Blakes Managerial Grid and measures his ability to understand and motivate subordinates
INTERNATIONAL LAW II [2]
A study of the involvement and interrelation of nations through the concepts of
26
self-defense intervention human rights and various types of warfare A detailed examination of the laws of warfare concentrating on land warfare but including sea and air warfare the reporting handling and processing of violations of the law of war by national and international agencies and Geneva Convention training and the role of the military lawyer in implementing the rules of the Law of War
IiLc[rVE COURSES -- FIRST SEMESTER
FEDERAL CLAIMS AND LITIGATIGN (I credit)
A study of the procedure and basis for
the acijuciiciation payment and collection of claims by the United States with emphasis on the Federal Tort Claims Act Military Claims Act and claims in favor of the United States under the Federal Claims Collection Act and the Medical Care Recovery Act Actual claims problems and their resolutions stressing litigation and court decisions will highlight
the growing importance of claims administration 1I1 the field Future responsibilities of the judge ldvocate will be outlined in a treatment of the Federal litigative process with discussion of service of process pleading motions and discovery Squadron Leader Anwar Entertains
under the Federal Rules of Civil Procedure
INTERNATIONAL LAW OF HUMAN RIGHTS (I credit)
Working with international documents to include the OAS Charter the Genocide Convention European Human Rights Convention General Assembly Declarations and the 1949 Geneva Conventions as well as with various national constitutions the student will
examine those human rights generally respected by nations The role of the Judge Advocate Officer in implementing these rights within the military through education training preventive law or other programs wiII be discussed Thus the student will be better able to advise and assist commanders and their personnel both before and during hostilities Using individual problems each student will make an oral presentation and submit a short
paper on his problem area
27
MILITARY JUSTICE LEGISLATION SEMINAR (I credit)
This seminar addresses the following pending bills (1) requiring unanimous verdicts by courts-martial 0) Hatfields joint service concept (3) Bayhs court-martial commands (4) random selection of court members (5) pretrial procedure-investigation by magistrate and bail (6) increasing power of judge to sentence suspend and defer sentences (7) proposals to eliminate the post trial review or remove it from the convening authority (8) proposals to increase the jurisdiction of military appellate courts and to allow direct appeal from the Court of Military Appelt1ls to tha United States Supreme Court (9) the scope of Article 62(a) and (10) proposals to extend the military contempt article The objectives are to familiarize the class with the pending legislation and to stimulate creative thinking The seminar begins after the class has sufficient grounding in current military law to appreciate suggestions for change Each student writes a short paper which recommends new legislation criticizes current proposals or advocates adoption of a current proposal
CONTEMPORARY JUDGE ADVOCATE PROBLEMS 0 credits)
This seminar meets 12 sessions of two hours each for discussion of a variety of problems facing the military lawyer to include his relationship to the Army the educational program for military lawyers judge advocate responsibilities for resolving contemporary
Advanced Class Skit at [jAGSA Purty
28
pro bkll1s including flow of gold drug abuse racial confrontations pli bl ic and communi ty
rciltions professional responsibilities of clefense counsel control of courts-Illartial hy
military judges organization training and retention of reservists judge advocate office
organization war crimes problems civilian offenders and responsibility in scntencing of
offenders Each student will make a presentation and lead a group discussi)n A slnrt
paper is required
ILnCl1VE COURSES -shySECOND snMESTER
PI RSONAL LEGAL PROBLEMS OF
llL1TARy PERSONNEL II [II
This i~ a continuation of the first
semester seminar on legal assistance topics of
concern to judge advocates supervising
counseling services for military personnel and
thcir dependents The seminar will treat
common legal problems in the following
areas real estate transactions estate
planning investment counseling domestic
relations motor vehicle ownership and
military retirement programs and benefits
SJA OPERATIONS IN MILITARY JUSTICE [IJ
An examination and analysis of the organization problems and operation of the
Staff Judge Advocate office in the field of Military Justice The seminar will include
discussions of the organization of the Military J Llstice Division wi th i n 1 Staff Juclgc
Advocate office and relationship of the Staff Judge Advocate to the Deputy Stafr Judge
Advocate Chief of Military Justice Chief of Staff Commanding Genera inferior
courts-martial convening authorities the Provost Marshal and civilian law LnforCLment
personnel The seminar will also examine the processing of inferior cOllrh-Illartiil ll1d
Article 15 UCMJ proceedings pretrial and post trial processing of glneral courts-martial
the detailing of court members counsel and the military judge and the lundling or confinement problems
CONTEMPORARY MILITARY POLICY 12J
The purpose of this seminar is to promote understanding of thL Army till (lCLl]
and political environment in which it operates and selected military pulicy h)llc
confronting the nation and its armed forces
IMPLEMENTATION OF THE LAW OF WAR [I]
A review of 1972 and 1973 draft protocols and papers prepared by the International Committee of the Red Cross for implementation of the law of war in international and non-international conflict In context of US military force structures weapon systems and modern warflre a determination of an acceptable Army position on such proposed agreements Preparation of a position paper on a limited number of issues most pertinent
to the Army
GOVERNMENT CONTRACTS AS AN INSTRUMENT OF SOCIAL POLICY [I J
A study of the socio-economic policies in Government contracting their effectiveness and other alternatives to meet the social problems in the United States today Specific socio-economic policies covered will include small businesses labor standards labor surplus and labor surplus set-asides Buy National programs and equal opportunity programs
WEAPONS SYSTEMS ACQUISITION III
A study of the process of procurement of major weapons systems problems of such procurement and possible im provements to the process The proced ure will be traced
from the initial decision between competing systems to the selection of the source fm svstem development
30
Section 3
Judge Advocate Officer Basic Course
GellerLlI The life blood of the Judge Advocate Generals Corps is the grlduates of the twelve-week Basic Course which consists of Phase I four weeks presented at the U S Army Military Police School at Fort Gordon Georgia and Phase II presented in eight weeks at TJAGSA The Basic Course is a practical how-to-do-it course as contrasted with the graduate level Advanced Course Highlights of the course are instruction in the four major fields of military law and in practical exercises which will prepare the newly appointed judge advocate for his first duty assignment and particularly for military criminal trial practice
A moot court program is a continuing feature of the instruction given Basic Course students This program is designed to give new judge advocates practical experience in military trial practice and procedure Moot courts are simulated general courts-martial
Husband alld Wife Legal Teams in 65th Basic Class CPTs Peter alld Joyce Plaut and CFTs Joseph and Madge CCLlper
31
based on fact situations prepared by faculty members The positions of trial and defense counsel members of the court and witnesses are filled by members of the Basic Course Each student has at least one opportunity to act as trial or defense counsel The military judges part is played by members of the staff and faculty the Advanced Class or the
U S Army Judiciary who are certified military judges
Each class travels to Washington D c where they are admitted to practice before
the United States Court of Military Appeals
During FY 73 four Basic Courses-the 65th 66th 67th and 68th--were conducted at the School A total of 238 officers were graduated including IS officers of the United States Coast Guard and one allied officer each from Jordan and the United Kingdom A list of the graduates of the Basic Classes is contained in Appendix J and the academic awards arc noted in Appendix K
MG Harold E Parker The Assistant Judge Advocate General Gives Basic Class Graduation Speech
32
Course Structure The course curriculum and scope are as follows
CRIMINAL LAW [88 platform hours]
Introduction (2) Jurisdiction (2) Evidence (IK) Trial Technique (6) Documentary Evidence and AWOL (4) Affirmative Defenses (6) Review of Inferior Courts (2) Appellate Review and Extraordinary Relief (3) Procedure (26) Interview of Witnesses and Accused (3) Pretrial Advice and Post Trial Review (6) Article 15 (4) Review for Examination (2) Examination (4)
CIVIL LAW [74 platform hours]
Introduction (1) Military Personnel Law (9) Civilian Personnel Law (4) Labor-Management Relations (4) Boards of Officers (3) Law of Military Installations (12) Military Assistance to Civil Authorities (2) Claims and Litigation (12) Legal Assistance (12) Civil Rights (2) Drug Abuse (2) Dissent Seminar (2) Race Relations (4) Research Problems (6)
PROCUREMENT LAW 66th Basic Class Gift [21 platform hours] Being Presented to Commandant
Introduction and General Principles (3) Appropriations Process (2) Judge Advocate Responsibilities (2) Procurement Methods (4) Contract Types (1) Socio-Economic Policies (1) Nonappropriated Fund Procurement (I) Disputes and Remedies (2) Inspection Acceptance and Warranties (I) Examination (I)
INTERNATIONAL AND COMPARATIVE LAW [10 platform hours]
Recognition of problems involving international and foreign law with respect to claims and legal assistance and sources for solutions to such problems (I) Basic rules of criminal jurisdiction under status of forces agreements the Trial Observers Report (I) The fundamental laws and rules of the Law of War (2) Techniques of Military Instruction (2) Geneva Convention Training (2) Recurrent problems in using or instructing 011 the Law of War (2)
MILITARY OPERATIONS AND MANAGEMENT [4 platform hours]
Introduction to U S Defense structure and command and staff relationships within
33
this structure with emphasis on the relationships between the commanding officer of the installation Staff Judge Advocate and other installation command and staff elements
RACE RELATIONS SEMINAR [4 platform hours]
Students survey current race relations problems at the military installations based upon case studies in order to detennine the cause and effect of racial tensions Seminar participants discuss statutes regulations and current Army policy designed to prevent discriminatory practices and promote racial harmony in the military service
LEGAL RESEARCH PROBLEMS [8 platfol111 hours]
In this office practice exercise each student researches and prepares an opinion on selected legal problems commonly encountered at the militalY installation He then makes a classroom presentation of his work using an appropriate pedagogical technique with a view towards instructing his fellow students in the law
Basic Class Recep tion
34
Section 4
Resident Continuing Legal Education Courses
CIVIL LAW I (5F-F5)-Two phases (l week each)
Phase I--Law of Military Installations Law and current legal problems relating to military reservations nonappropriated funds military assistance to civilian authorities and installation management with special emphasis on control of installations and challenges to commanders authority by court processes
Phase II--Claims Claims regulations and procedures with emphasis on the Federal Tort Claims Act and claims in favor of the Government Panel discussions on injury evaluation and medical care recovery highlight the practical aspects of the course
CIVIL LAW II (5F-F2)--Two phases (1 week each)
Phase I--Personnel and Administrative Law A study of statutes regulations and court decisions concerning military personnel law boards of officers conflicts of interest military compensation line of duty determinations and release of information Attention will also be given to current administrative law problems with panels of experts
Phase II-Legal Assistance Study of current legal problems and court decisions which affect the military serviceman including consumer protection family law taxation immigration small claims property settlements and bankruptcy
INTERNATIONAL LAW (5F-F3)--2 weeks
International agreements jurisdiction State responsibility Status of Forces Agreements conduct of hostilities war crimes and internal armed conflict Geneva Conventions and the New Protocols Responsibility and Superior Orders
JUDGE ADVOCATE OVERSEAS OPERATIONS (5F-F14)--1 week
A review of civil and criminal codes of countries where large numbers of US personnel are stationed and the rules established for the conduct of US personnel through Status of Forces Agreements Emphasis is upon the role of the judge advocate in assisting US personnel in the conduct of their legal affairs in a foreign country in protecting
35
jJAl Rice
MAl Suarez
the interests of the Government in civil litigation and in protecting the interests of US personnel charged with crimes by a foreign country
JUDGE ADVOCATE RESERVE COMPONENT FIELD GRADE OFFICER REFRESHER (S-27-C8)-2 weeks
To further qualify the judge advocate in matters relating to the performance of legal duties involving international and comparative law and administration of military justice and to provide a more comprehensive knowledge of the fundamental principles of Government contract law and the role of the procurement legal advisor organization of the Army developments in tactics military correspondence command and staff procedures and National Guard and Army Reserve activities
LAW OF FEDERAL EMPLOYMENT (SF-FI0)-1 week
Civilian Personnel Law Hiring promotion and discharge of employees under the FPM and CPR role of the Civil Service Commission procedures for grievances appeals and adverse actions personal rights of employees
Labor-Management Relations Rights and duties of management and labor under Executive Order 11491 and DOD Directive 14261 negotiation of labor contracts impasse mediation administration of labor contracts and procedures for arbitration of grievances
LAW OF WAR amp CIVIL MILITARY OPERATIONS (SF-F4)-2 weeks
A review of the basic law of war with an up-date on the latest changes and developments in the area A detailed examination of international customs and treaty rules affecting the conduct of
CPT IlIlwinl~elried
36
us military forces in civilmilitary operations and in all levels of hostilities The Geneva Conventions and their application in civilmilitary operations and in various types of combat operations and missions to include problems of refugees labor psyops
legislation and public relations
LITIGATION AND ENVIRONMENT LAW (SF-FI3)--1 week
Review of Federal Rules of Civil Procedure Judge Advocate coordination with Department of Justice and procedural law relating to practice before administrative agencies Preparation of litigation reports and techniques of evaluating liability and amount of damages
MILITARY JUDGE (SF-F9)--3 weeks
To qualify military lawyers to perform duties as full-time military judges at courts-martial with emphasis on special courts-martial Conference panel and seminar forums are utilized to cover substantive military criminal law defenses to crimes instructions to the court rules and principles of evidence trial procedure and current military legal problems
MILITARY JUSTICE (SF-Fl)-Two phases (I week each)
Phase I--Administration of Military Justice An examination of the administration of military justice to include recent developments in criminal law and the functions and problems invoived in pretrial and post-trial procedme
Phase IJ-Trial Advocacy Intensive instruction in trial practice to include problems confronting trial and defense counsel
37
CPT AdatIs
CPT illlltall
CFJ lurJut
MAJ McGo lIA1i1
AlA) LlIlc
AJAr Gilligal
PROCUREMENT ATTORNEYS (5F-Fll)-2 weeks
Study of legal problems arising in the following areas general principles including the authority of the Government and its personnel to enter into contracts contract formation including appropriations formal advertising basic contract types and socio-economic policies contract performance including modifications~ disputes including remedies and appeals
PROCUREMENT ATTORNEYS ADVANCED (5F-FI2)-2 weeks
Study of legal problems arising in the following areas incentive contracting funding competitive negotiation socio-economic policies Government assistance state and iocal taxation modifications weapons system acquisition truth in negotations terminations labor relations problems contract claims and litigation
SENIOR OFFICER LEGAL ORIENTATION COURSE-3 days
Civil law to include installation management labor management relations military personnel law llonappropriated funds investigations legal assistance claims and litigation criminal law to include search and seizure confessions the responsibilities of the convening authority before and after trial and the options available to commanders in varibus military justice situations
STAFF JUDGE ADVOCATE ORIENTATION COURSE (5F-FI 5)--1 week
A survey of new developments in the areas of military justice civil law procurement and international and comparative law
38
Section 5
Nonresident Instruction
The Office of Nonresident Instruction was added to the Academic Department to coordinate and administer the various forms of nonresident instruction offered by the School The office is headed by the Deputy Director for Nonresident Instruction
The office is divided according to the instructional methods employed The immediate office of the Deputy Director is responsible for supplying instructional materials for use by instructors at other institutions Materials are supplied annually to USAR Schools for instructing 7000 Officer Advanced Course and 2000 Officer Basic Course students of other than J AGC branches and 85 JAGC Advanced Course students ROTC cadets receive instruction on their college campuses utilizing NRI materials The Deputy Director also maintains liaison with the US Military Academies other Army service schools and schools of other Armed Forces Active Army unit training support is also a function of the office
The Correspondence Course Office is responsible for supplying students with self-instructional materials Approximately 2500 students are carried on the rolls annually including officer and enlisted personnel of the Active Army and Reserve Components andmiddot personnel from allied nations About 20000 correspondence course students of other Army service schools take subcourses supplied by NRI
39
MAj james A Endicott Jr Dep Dir for Nonresident Instruction
CPT joseph W Hely Jr and Mr Robert 11 Alerritt
The following courses are currently offered by correspondence
Judge Advocate Basic Indoctrination Course
Judge Advocate Advanced Course
Special Courses Specialization Courses for Senior J AGC Officers Military Law for Commanders and Staff Officers Course Legal Warrant Officers Course MOS 713A J AGC Senior NCO Course GCM Legal Clerks Course MOS 71D50 SPCM Legal Clerks Course MOS 71 D20
All Advanced Course students enrolled on 1 September 1973 will be required to complete a writing requirement administered by the Deputy Director Thesis advisors will be assigned to each student to assist in topic selection and organization of the 15-20 page 3000 word minimum papers
CJYr (P) Terry Devliu IS Promoted (Finally)
40
Section 6
Paraprofessional Courses
The Legal j)artl[JToessional The implementation of the Military Justice Act of 1968 and the Pilot Legal Assistance Program have placed extraordinary demands on the time of the Army lawyer A partial answer to these demands is the development of military legal paraprofessionals During the second week of February the Civil Law Division conducted the first Legal Paraprofessional Course in legal assistance The course attended by 21 secretaries and enlisted men from Army and Coast Guard judge advocate offices is the first step in the fonmll development of legal para professionalism in the Army The Criminal Law Division also graduated its first group of paraprofessional students in February 1973 The paraprofessional courses are designed to instruct legal lay assistants in the duties and administration of the military justice division of installation judge advocate offices It is planned that future instruction in these resident courses will include
PARAPROFESSIONAL COURSE--CIVIL LAW-I week
Legal research and instruction in legal assistance to include interview techniques recognition of non-legal problems preliminary drafting of routine legal documents and other substantive legal matters
PARAPROFESSIONAL COURSE--CRIMINAL LAW-I week
An overview of the entire military justice system disposition of charges interview of witnesses preparation of vouchers subpoenas depositions and similar documents administrative review of Article 15 punishments and other substantive legal matters
WARRANT OFFICER AND SENIOR LEGAL CLERK COURSE (7 A-713A 7lD50)--1 week
Review and discussion of the legal administrative technicians and senior legal clerks roles as office managers of a judge advocate office or activity with particular emphasis on effective management of personnel equipment work flow and fiscal resources
LAW OFFICE MANAGEMENT-l week
A new course for warrant officers and senior legal clerks in March 1974
41
Cl1middot)2 Clorlcs L West jJ(r(leyal Fraililly Officer
BG Lawrence H Willimrls Assistallt jucZle Advocate General for Military Law
Prescnts Diplolla to DistillYllished Gradllate of NCOES COllrse
42
NONCOMMISSIONED OFFICER EDUCATION SYSTEM On 15 June 1973 the School graduated its first NCOES Course The initial input of 12 students MOS 71D and 71 E were tracked with MOS 71 L (Administrative Specialist) students during the first nine weeks of schooling conducted at Fort Benjamin Harrison The final two weeks of advanced MOS training 71 D and 71 E were conducted here at Charlottesville
CPT WorkmanCPT Wagller
lVIA] White CPT Robie
43
1972 JAG Conference BG Persons 13G Montgomery US4R Mr Kendall Barnes GC AMC BG UpjJ USAR BG Babbitt foreground
Receptioll HOllorillg Conference Banqzl(t Speawr Mr jllstice 10111 CZellh MG Prugh Mr justice Clark Mrs Douglass COL Douglass CfYr Griffin
44
CHAITER III
CONFERENCES VISITORS AND SEMINARS
Section 1
JAG Conference
During the week of 1-5 October 1972 the School again hosted the world-wide JAG Conference an annual event which brings together senior judge advocates from all major Army Commands throughout the world as well as representatives from the sister services for the discussion of current problems and developments in military law Speakers and panelists provided updates and briefings on all aspects or criminal civil procurement and international and comparative law
A unique feature of the 1972 Conference was the attendance by personal invitation of The Judge Advocate General US Army of a number of JAGC warrant officers and
Mr JOllil l lJlIstCriU lr I Fred J)llhardt
45
senior legal clerks Headlining the Conference list of speakers was Mr Justice Tom C Clark who was the banquet speaker Other distinguished speakers included Department of Defense General Counsel 1 Fred Buzhardt Attorney General Robert B Morgan of North Carolina Deputy Assistant Secretary of Defense John A Busterud and Harvard Pro fessor Richard Baxter
Social events highlighting the evenings of Conference Week included the annual Conference Banquet the Icebreaker and a new addition this year an informal Hawaiian RampR party
Hawaiian RampR Hlrty
46
Mr Robert B Morgan
Section 2
The Judge Advocate Generals Reserve Conference
The School hosted the fourth annLlal Judge Advocate Generals Reserve Conference from 30 November to 2 December 1972 The conference focused on Special Interest Groups and Conferee Workshops Special Interest Groups included JAGSO Detachment Commanders ARCOM SJAs Training Division SJAs and Troop and Civil Affairs SJAs Workshops were conducted and reports made to the conference on the subjects of Civilian Personnel and Employee Unions Race Relations Environmental Law Search and Seizure and Drug Abuse
Among speakers and guests were Dr Theodore C Marrs Deputy Assistant Secretary for Reserve Affairs Department of Defense MG J Milnar Roberts Chief Army Reserve MG George S Prugh The Judge Advocate General MG Harold E Parker The Assistant
BG Upp BG Montgomery Dr Marrs COL Douglass and RADM Staring at Judge Advocate Generals Reserve Conference
47
LTC Fontullelle and COL Selleider
Jldge Advocate General BG Robert D Upp USAR Assistant Judge Advocate General Special Assignments (MOBDES) BG Edmund W Montgomery II Chief Judicial Officer (MOBDES) and Colonel William B Carne Chief Litigation Division OTJAG
Social events included an Icebreaker cock tail party at the Officers Open Mess and the Conference Banquet at The Holiday Inn Afton Mountain
COL Fulton and COL Garber
48
Section 3
National Guard Judge Advocate Generals Conference
The Second Judge Advocate Generals National Guard Conference was hosted by the School in Marcil As with the first conference emphasis was placed upon military law as it applied to the National Guard Conferees workshops were similar to those held during the Reserve Conference
Among the invited speakers and guests were LTG Harris W Hollis Chief Office of Reserve Components MG George S Prugh The Judge Advocate General MG Francis S Greenlief Chief National Guard Bureau MG Harold E Parker The Assistant Judge Advocate General and Mr Robert B Morgan Attorney General North Carolina
Social events included an Icebreaker cocktail party at the Officers Open Mess and the Conference Banquet at AftJn Mountain HolidJY Inn
AIG Chelley 11ze J[(z(e Advocate Gelleral of the Air Jorce
alld Air Force National Guard Participants at Conference
49
LTG and Mrs Hollis
COL James B Deerin
MG William ] McCaddiil T1w Adjutant General Va ARNG
50
Section 4
Speakers and Visitors
The professional atmosphere of the School is enhanced by an active guest speaker program through which distinguished experts are invited to address the various classes and the entire School community There are two formal lectureships established in conjunction with the two academic chairs at the School This year the Second Kenneth J Hodson Lecture in Criminal Law was given by Professor Yale Kamisar of the University of Michigan School of Law As mentioned previously the First Edward H Young Lecture
on Military Legal Education was given by Professor Delmar Karlen
Many officers governmental officials practicing attorneys and educators visit the
School to observe portions of its programs A list of the guest speakers and distinguished persons visiting in 1973 is contained in Appendix L
Mr Doll Droge Natiollal S(cllritv CollIcit Staff
51
MG Kenneth J Hodson Chief
USA Legal Services Agency
Prof Helmut Rumpf Office of the Legal Advisor
Foreign Office Federal Republic of Germany
Hon Robert M Duncan Judge US Court of Military Appeals
52
Mr Jack Stempler General Counsel us Air Force
Frederick Hernavs Iliiclicr COL -AGC (ltetj
l1JG Lloyd B Ramsey The Provost Marshal General
53
MG George S Prugh The Judge Advocate General of the Army
Prof Yale Kmnisar
JudRe Tim Murphy D C Superior Court
54
Section 5
Race Relations Seminar
From 17-19 January 1973 The Judge Advocate Generals School was host to a race relations seminar The seminar brought together judge advocates from CONUS and overseas commanders provost marshals and others experienced in race relations and military justice The primary purpose of the seminar was to aid judge advocates in advising their commanders and staffs concerning race relations and racial incidents and the handling of such
The two-day agenda included small--group discussions of such matters as the following
(a) Racial problems confronting judge advocates law enforcement and command authorities in the field
(b) Indicators and warnings of racial disharmony which may cause or contribute to offenses
(c) Guidelines for effective solutions to racial problems of the command
Cd) The role of the staff judge advocate in race relations 111 the command
This seminar was but a small part of the race relations program developed by the School during the past year Race relations instruction was an important feature of the
55
elYT Grahanl
elYl Criflill Race Relatiolls Illstructors
Race Relations Seminar
Basic and Advanced Classes Elements of this instruction included the basic causes of racial unrest in the military personal and institutional racism applicable civil legislation and military justice problems The Advanced Class curriculum also included a 12-hour race relations elective which dealt with both specific problem areas and served as a speaking platform for individuals involved in the race relations field In addition race relations instruction and workshops were held during the Annual Judge Advocate Generals Conference Reserve Conference National Guard Conference and many of the other short courses offered throughout thc year Additional instruction and seminars have been planned for the coming academic year in an attempt to meet the challenge of this extremely important and sensitive area
56
CHAPTER IV
DEVELOPMENT DOCTRINE AND LITERATURE
Created 1 March 1973 the Development Doctrine and Literature Department (DDL) is responsible for combat developments doctrinal and legal literature military operations and management and professional liaison and development In its role as combat developer for the Corps DDL must ensure that JACC will have the necessary resources to perform its mission in the Army in the future DDL has taken steps to end the court reporting equipment problem that exists today DDL members formerly with CDCJ AA which had initiated the justification for new court reporting equipment guided the project to AMC Procurement of the needed equipment is projected for the near future
In addition to ensUling proper materiel allocation DDL also ensures effective personnel allocation in planning for the Army of the future In the course of investigating personnel developments DDL prepared a recorm1ended Table of Organization and Equipment (TOE) for a separate defender program and prepared a staff study recommending the use of paralegal assistants LTC John L Costello Jr
Director Development Doctrineby military lawyers and Literature Department
Most recent of its developmental accomplishments is the experimentation in the area of Automated Legal Research Provided by the US Army Judiciary with volumes of courts-martial statistics DDL programmed the statistics into an automated data bank Such an automated system enabled DDL to rapidly and accurately make recommendations for more effective allocation of personnel while studying the feasibility of a separate defender program
DDL is charged with review of doctrinal literature for legal sufficiency and has provided input to force concepts and designs in the Armys combat development process Also of a doctrinal nature is the responsibility for instruction in military operations and
57
management The Military Operations and Management Division of DDL is responsible for all instruction in military arts and sciences the defense structure command and staff procedures and Army management
In keeping with its mission of professional development DDL provides an office for liaison with professional associations both legal and military In establishing liaison with professional associations such as ABA FBA AUSA etc that office has also monitored Law Day USA observances throughout the Army and coordinated after-action reports Enthusiasm for Law Day 1973 observances was enhanced by JAGCs receipt of a ABA Award of Merit for its 1972 observance
DDL is also responsible for publication of the Military Law Review The Army
Lawyer and the Judge Advocate Legal Service discussed in Chapter V
CPT John D Home Professional Liaison Office
58
MAJ James R Wessel Chief Military Operations
Management and Plans Division
-- - CPT Daniel Worlltin1
011 Computerized Study
CHAPTER V
PUBLICA TIONS
The Military Law Review a law quarterly identical in format to the leading civilian legal journals is distributed to all judge advocates in the Active Army and the Ready Reserve In addition the Superintendent of Documents Government Printing Office sells copies and subscriptions to all interested civilian agencies and individuals
The Law Review contains lead articles comments and notes of interest to military law practitioners Theses written by students of the Judge Advocate Advanced Course are a primary source of articles Comments notes and articles from judge advocates in all three armed services foreign military and civilian lawyers members of the staff and faculty law school professors reserve judge advocates and civilian attorneys are also published During Fiscal Year 1973 Volumes 57-60 were printed Instituted during this fiscal year was a series of comnents on historic courts-martial to be continued in future volumes of the Law Review
The Catalog of Advanced Class Theses was revised by the Publications Division and distributed during FY 72 A supplement to the Catalog was compiled and distributed during FY 73
The Judge Advocate Legal Service (JALS) is responsible for rapid dissemination of the latest military law and items of interest to judge advocates around the world J ALS is printed bi-weekly in Charlottesville Virginia and distributed in over 7600 copies to all three armed services J ALS digests all cases decided by the United States Court of Military Appeals most published Court of Military Review decisions Federal Court decisions affecting the armed services and actions by The Judge Advocate General under Article 69 Uniform Code of Military Justice
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The Army Lawyer a how-to-do-it type journal provides practical and timely
information to judge advocates in the field This monthly periodical incorporates claims personneL and legal assistance information previously found in other publications
The Manual for Courts-iVlartial Annotation Third Edition (1973) a significant research tool on military law was prepared in an updated version during Fiscal Year
1973 as DA Pamphlet 27-13 The Annotation contains case citations a citation of appropriate regulations and a cross-index to the Military Judges Guide To facilitate
research the Annotation is designed to be interleafed on a chapter-by-chapter basis with the Manual
In addition the following texts were submitted during FY 73 to the Office of The
Judge Advocate General for pUblication as Department of the Army pamphlets
Administrative Law Handbook Eyjdence Jurisdiction Legal Guide for the Soldier Trial Proced ure
Printed as special texts to support
resident instruction in some cases pending availability as DA Pamphlets were the following
Civil Law Basic Oass Deskbook Criminal Law Basic Class Deskbook Effective Research Aids (Civil Law) Evidence Law of AWOL Military Administrative Law Senior Officer Legal Orientation Texts Trial Procedure
During the course of FY 73 many articles authored by members of the staff and facul ty and were pu blished A list of those articles is contained in Appendix M
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CPT Stephell L Buescher Clz ief Doctrine and Literature Division
CPT ] Alullill Editor Military Law Review
CHAPTER VI
RESERVE AFFAIRS
General The reorganization of the Army with the shifting emphasis on the Reserve program resulted in the establishment of the Office of the Assistant Commandant for Reserve Affairs arid Special Projects The overall mission of this office is to develop and implement a program to improve the readiness capability of the Army Reserve Component Judge Advocate Generals Corps personnel This mission has been broken down more specifically to provide for the career management of all JAGC reserve officers which includes providing liaison with the United States Army Reserve Component Personnel and Administration Center to develop and administer a program of technical training and to maintain liaison with the individual Reserve or National Guard components the Army Readiness Region Commanders and the CONUS Armies To accomplish these functions the Office has been subdivided into the Career Management Division and the Reserve Training Division
Career Management Division As a result of greater emphasis being placed on the Reserve program added consideration has LTC Keith A Wagner been given to the career management of all Assistant Commandant reserve component JAGC officers More for Reserve liffairs resources have been allocated toward advising individual reserve JAGC officers upon matters affecting their careers such as appointments transfer federal recognition of National Guard component officers and educational qualification for promotions This advice has become more important to the JAGC reserve officers because the competition for appointment assignment and promotion has become keener in the recent year
Career counseling is carried out primarily through correspondence but during the past two years with the JAGSO team training being conducted at TJAGSA personal interviews have been conducted by members of the divisions Such interviews are more desirable because in the course of this counseling the Reservists are alerted to important aspects of their career pattern Personal interviews are also conducted when officers of
61
LTC James N McCune Chief JACC Reserve Cornponents
Career hlanagement
the department make staff liaison visits to JAGSO detachments throughout the year Reserve units visited during FY 73 are listed in Appendix N
In the next academic year the channels of communication will be vastly improved by the on-site training to be given by the faculty from the School As part of these training visits the faculty member will bring back any inquiries from individuals regarding career problems to the Office of Reserve Affairs
As a further service to reserve component officers a Judge Advocate Reserve Components Directory is published annually This directory contains the names addresses type of assignment and the nature of civilian employment for more than 1800 Reserve component JAG officers
Reserve Component Training Divisioll The reorganization of the Army has resulted 111 the development of the Reserve Component Technical Training otherwise referred to as on-site training The program includes a six-hour block of instruction by faculty members from each of the four academic divisions of TJAGSA During the first academic year two hundred and twenty-five visits will be made under the program The purpose of the visits will be to bring all reserve component JAGC officers up to date on the most recent changes in military law and to inform the officers of the organizational changes in the JAG Corps
In addition the overall training program includes nonresident training on-the-job training of J AGSO Detachments at active Army installations throughout the country the Reserve Components General Staff Course and the cyclical resident training for specific J AGSO teams The on-the~job training is proving very successful During the past training year more than fifty percent of all J AGSO Detachments were participating in hands on training at active Army installations In addition all J AGSO teams except the 33 General Court-Martial tcams were assigned a training site appropriate for their mission for ADT 1973 ie Procurement teams to procurement centers Claims teams to Army Oaims Service etc
With regard to resident training during the summer of 1973 a trall1Jl1g program for General Court-Martial teams totaling over 210 men was conducted at TJ AGSA This training was supported by the 1050th USAR School West Hartford Connecticut and
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included an update on court-martial procedures substantive law and a series of moot courts Greater emphasis was placed on training the court reporters and to that end new more sophisticated equipment was provided
Forecast for the coming academic year is the Reserve Component Technical Training (on site) and the Reserve Senior Officers Legal Orientation Course The SOLO course is designed for officers who are not members of the JAG Corps but who by virtue of their duties as commanders require a knowledge of military law In addition the US Army Reserve Judge Advocate Conference is scheduled for November 1973 and the National Guard Judge Advocate Conference is scheduled for March 1974 The purpose of these two conferences is to bring the senior
CPT Eldon D Robertsreserve component Judge Advocates to Chief Training OfficeTJAGSA to discuss common problems and
bring them up to date on the latest developments in military law and new innovations in the reserve program
Chief Judge Darden of the U S Court of Military Appeals and JAGSO Detachment Members at COMA Admission Ceremony
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CHAPTER VII
PROFESSIONAL ORGANIZA TrONS AND DEVELOPMENT
American Bar AssociLztion Pursuant to TJ AGSA policy the School maintained active participation in the American Bar Association during FY 1973 Five representatives from TJAGSA attended the ABA Annual Meeting in San Francisco during August of 1972 one of whom along with MG Prugh represented the Corps in receiving an ABA Award of Merit for outstanding observance of Law Day 1972 In additon four members of TJAGSA traveled to Cleveland in February of 1973 for the ABA Mid-Year Meeting
As an indication of the active participation by the personnel of the School many held positions of responsibility in the organization The Commandant served in an advisory capacity to the Standing Committee on Legal Assistance to Servicemen one member represented the Armed Forces (District 15) on the Young Lawyers Section (YLS) Executive Council as well as serving as Co-Chairman of the YLS Military Service Lawyer Committee one member served as Co-Chairman of the YLS Coordinating Committee and one member served as Vice-Chairman of the YLS Corporation Law Committee
President-Elect Chesterfield Smith of the American Bar Association presents Law Day Award to MG Prugh and CJYT Robie
65
Federal Bar Association The Federal Bar Association (FBA) which is composed of lawyers who are or have been in the employ of the United States Government in a legal capacity is represented here by the Charlottesville Chapter Not only did TJAGSA provide the chapters business office but also personnel of the School served in positions of both President and Vice-President during FY 73 In April of 1973 the Charlottesville Chapter of FBA hosted the TJAGSA Board of Visitors at a coffee
National Association for Law placernent An organization composed of law school placement offices as well as employers the National Association for Law Placement (NALP) seeks to increase communication between buyers and sellers in the legal job market Founded two years ago NALPs membership consists of some 95 law schools of which TJAGSA is one and 30 employers During FY 73 the School was represented at all meetings and conventions by the Post Judge Advocate who also served the organization as its Secretary
Associatioil of American Law Schools The AALS was chartered in 1900 and has a present membership of 115 schools throughout the United States The Judge Advocate Generals School does not meet the requirements for membership but is associated with the organization For a number of years the Commandant and Director of Academics as representatives of TJAGSA have attended the annual meetings held each year between Christmas and New Years
The faculty of The Judge Advocate Generals School is included in the directory of law teachers prepared by the AALS Faculty members are on the sections of the Association and work actively in the section on teaching methods and the section on studies beyond the first degree in law
Of particular interest to TJAGSA are the studies done by the AALS on Administrative Law Constitutional Law Criminal Law Professional Responsibility Trial Advocacy Continuing Legal Education Paraprofessional Legal Education Teaching Law outside of Law Schools and Teaching Methods
Associatioll of the Ul1ited States Army The Thomas Jefferson Chapter AUSA continued its active role in the Charlottesville community The 1973 Dogwood Festival Week was the occasion of several AUSA activities Two recently released POWs were honored at a cocktail party in the TJAGSA OOM at the conclusion of the annual Dogwood Parade On the following day AUSA hosted a record number of guests at its traditional Dogwood Luncheon The gathering was addressed by Congressman J Kenneth Robinson CR-Va) and honored guests included Miss Dogwood Festival Miss Virginia Miss New York and the US Army Golden Knights Parachute Team The Golden Knights accepted a memorial presentation from the Thomas Jefferson Chapter in remembrance of those
66
Air Force POlY MAl Normall Wells receives award fronl A USA Chapter President Walter L Srnith (l) and Virginia Congressnail Robinson (I)
members who had met their deaths earlier in the year as a result of a plane crash and performed a skydiving demonstration that evening at a local park Business offices for the Thomas Jefferson Chapter AUSA were maintained this year by TJAGSA
Professional Liaison and Development As a result of the Schools reorganization in March of 1973 an Office for Professional Liaison and Development was established in the newly formed Department of Development Doctrine and Literature This office has been charged with maintaining liaison with professional associations as well as monitoring Law Day Activities for J AGe
lACC Recruiting During the year several members of the staff and faculty visited various law schools throughout the
AUSA President Smith (r) presents Monticello picture to (l to r) Congressman Robinson ilIiss Dogwood 1972 and Commander of the Colden Knights
67
country in an effort to recruit senior law students for the JAG Corps In addition the School receives numerous inquiries concerning admission into the Corps Packets containing information on admission requirements are provided upon request TJAGSA personnel are called upon to counsel and advise individuals from the Charlottesville area and the University of Virginia who are seeking admission to the Corps
Alumni Association The Alumni Association continued to grow during the fiscal year with approximately 2500 members on 30 June 1973 an increase of approximately 500 new members during the year The Association provides academic awards for Basic and Advanced Gasses maintains contact with the allied officers who have attended the School and gives a plaque and a cash award to the winner of the Annual Professional Writing Award During Fiscal Year 1973 three issues of the Alumni Newsletter were published which included news of events and conferences at the School a calendar of courses offered at the School and personal information on members of the Association The activities of the Association were financed by annual dues of one dollar for each member and contributions from interested members The Annual Report is distributed by the Alumni Association to all of its members each year
Coordination and financing of Association activities as well as editing and writing of the Alumni Newsletter and the Annual Report are responsibilities of the Assistant School Secretary
Lectures Reflecting the Schools role in educating officers of the other branches of the Army and the other services members of the faculty traveled widely giving lectures to diverse groups upon various aspects of military law A good example of how the knowledge of the faculty may be applied to the training of non-legal personnel was the course of instruction in procurement methods given to criminal investigators specializing in appropriated and nonappropriated procurement frauds
During the course of the year the School continued to build a close professional relationship with the Army War College Frequent visits there by the faculty of TJAGSA resulted in the incorporation of a considerable amount of current legal material into that course
A list of lectures given outside TJAGSA by facuIty members is contained in Appendix O
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New Building l-Indcr ConstructiOIl
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CHAPTER VIII
BUILDINGS AND SUPPORT ACTIVITIES
Section I
Buildings
Construction of the new Judge Advocate Generals School building began on 15 January 1973 and was scheduled for completion within 24 months The new building will be located in the same area as the new Law School and the Graduate School of Business Administration of the University of Virginia The basement level of the new building provides space fpr the administrative and logistics offices storage and library The library is designed with 32 individual study carrels and will accommodate 50000 volumes The ground level (or first floor) houses the academic department (approximately 60 offices) three classrooms to accommodate 50 100 and 200 students respectively four conference rooms which will accommodate 20 persons each eight smaller conference rooms for 12 persons each completely equipped moot courtrooms an auditorium with 125 seat capacity audio-visual room and student lounge On the second level are the offices of the commandant and other directorates of the School in addition to a two-bedroom VIP suite The third and fourth levels each have 32 individual BOQs with bath Also there are four two-room suites with bath and four two-room suites with bath and kitchen facilities on each floor The fifth floor is the officers open mess and dining facility which has a seating capacity of 120 people In addition the club will have patios on two of its sides
Due to a spring snow storm a sym bolic groundbreaking ceremony for the new building was held indoors on 12 April at the Groundbreaking Universitys George Baskerville Zehmer Hall COL Douglass MG Prugh
President Sharman
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After opening remarks by the Commandant Colonel John Jay Douglass Major General George S Prugh The Judge Advocate General of the Army joined with University of Virginia President Edgar F Shannon and Colonel Douglass in turning a symbolic shovel of earth which formally commenced the construction project
Among those attending the ceremonies were Army Colonel (Ret) Kenneth C Crawford Commandant of the School during the years when the plans for the new building were formulated and Professor John
President Shannon Speaks at Ritchie III a mem ber of the Schools Groundbreaking Ceremony original Board of Visitors Colonel Crawford
is now Director of Education and Training for the Federal Judicial Center Professor Ritchie formerly Dean of Washington (St Louis) Wisconsin and Northwestern Law Schools is presently on the faculty at the University of Virginias Law School Also in attendance were members of the current Board of Visitors
Attendees representing the various Armed Services included Major General Kenneth 1 Hodson former The Judge Advocate General of the Army now Chief US Army Legal Services Agency Rear Admiral Ricardo Allen Ratti Chief Counsel United States Coast Guard Colonel Charles J Keever Acting Director of the Judge Advocate Division United States Marine Corps and Colonel (Ret) Ralph D Pinto former TJAGSA Deputy Commandant
Others in attendance included William P Dickson J f a Norfolk attorney and formermiddot member of the Board of Governors of the American Bar Association representing Robert W Meserve President of the ABA C Norman Poirier immediate Past President of the Federal Bar Association Francis H Fife Mayor of the City of Charlottesville Gordon L Wheeler Albemarle County Board Chairman and Walter L Smith President of the Thomas Jefferson Chapter of the Association of the United States Army
The present Judge Advocate Generals School building a red brick building of Georgian architecture was dedicated on 26 September 1956 It contains offices and 19 furnished BOQ rooms In addition the building houses the School Library a conference room supply room and bookstore An Officers Open Mess and snack bar with outdoor patio is located on the fourth floor of the building Classrooms for the School are located in the University of Virginia Law School
72
Section 2
Support Activities
a Library alld Military Legal Center
The School generally furnishes each student with the basic textbooks and other classroom materials which he will need during a course However when additional references and research facilities are req uired students are encouraged to utilize the School Library the Law Library of the University of Virginia and Alderman Library the general library of the University
The Judge Advocate Generals School Library contains approximately 20000 volumes and is oriented toward military law There is a complete set of all Army regulations most federal legal materials and
a complete military justice library During LTC Edward C Seufert FY 1973 many historic military legal items School Secretary
and current books on military law were added to the Schools Military Legal Center one of the most extensive collections on military law past and present in existence Also during the year the Library staff completed a major portion of the complete cataloging of the Schools collection in order to provide a ready reference system for researchers
The Law Library Il1 Clark Hall contains over 200000 volumes and it is readily accessible to our students It has an extensive collection of published reports of the American federal and state courts the reports of the courts of the United Kingdom
lvlrs R Vivian Hebert treaties digests encyclopedias indices andLibrarian citator services It also contains the statutes
73
Leased Housing Units
BOQ Room
74
of the United States of the several states and of Great Britain The Library receives every current legal periodical of general interest printed in the English language
Alderman Library has about 2000000 volumes and a particularly fine collection of official Government publications It has been designated by the United States Government as a depository for public documents
h Billeting and Mess Facilities Bachelor officers quarters are available in The Judge Advocate Generals School BUilding Assignments of rooms may be obtained through the Billeting Officer Linens towels and maid service are provided All rooms are carpeted and air-conditioned and many have refrigerators and television sets
The School has a number of family housing units under government lease to be utilized as government quarters in lieu of BAQ Priority for the utilization of these units is first given to enlisted personnel and then to officers attending the Advanced Class The School Secretary and the University Housing Division maintain lists of available apartments and houses in the Charlottesville area
The top floor of The Judge Advocate Generals School building is used by the Officers Open Mess The Winthrop Room is furnished with large comfortable chairs and sofas a color television set piano and other accessories
Officers Open Mess
75
A snack bar located on the fourth floor and operated by the Officers Open Mess personnel now serves breakfast and lunch to its members During the evening hours refreshments and snacks are available
During the year the Mess sponsors a full program of activities and social events for the benefit of its members including dances buffets picnics class receptions social hours and other activities
c Boolzstore The Bookstore now located on the first floor of The Judge Advocate Generals School is easily accessible to all patrons Various personal items uniform accessories stationery supplies cigarettes and tobacco souvenir items and books are available
d Commissary Facilities During part of FY 73 the School was able to arrange for a truck to bring commissary products from Richmond to Charlottesville Although this service has been discontinued procedures are SSG John Huffman
being taken to have the operation reinstated Bookstore Manager
Commissary Operations in Charlottesville
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e Logistics The Logistics Office provides assistance and advice in arranging for shipment andor storage of household goods for military personnel assigned to the School and members of the Advanced and Basic Classes In addition the Division provides budget and contracting services for all money expended by the School
f Personnel and Finance The Adjutants Office is responsible for the processing of all incoming and outgoing personnel the maintenance of individual records and the operation of the School mail room The office also acts as liaison with the Civilian Personnel Division at the US Army Foreign Science and Technology Center in Charlottesville which is responsible for the Schools civilian employees
Although the School has no finance CPT William K Thompson officer the Adjutants Office is available to Chief Logistics provide necessary assistance and advice in matters relating to pay and allowances Close contact is maintained with the servlcmg Finance and Accounts Offices in Washington and at Fort Lee
g Health Care Facilities The Judge Advocate Generals School lS sateIlitccl on Kenner Army Hospital at Fort Lee Virginia for medical and dental care Locally a contract surgeon provides outpatient services for military personnel Because of the distance from a US Army hospital dependents of personnel stationed at The Judge Advocate Generals School are entitled to the benefits provided under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS)
Dental care and eye examinations for military personnel assigned to the School are available from any local dentist and eye doctor on an individual contract basis CIYT Richard J Lynch however there are no provisions for such care Adjutant
for dependents
77
h Athletic Facilities Assigned and attached military personnel and all students are permitted to use all athletic facilities of the University of Virginia Both the School and the Intramural Department of the University have a limited amount of athletic eq uipment for the use of students and the staff and faculty
i Public Information Office During Fiscal Year 1973 the Plans Division succeeded by the Services Division conducted a comprehensive public information program with increased emphasis on obtaining the broadest possible coverage of all events occurring at The Judge Advocate Generals School
J Post J~idge Advocate During Fiscal Year 1973 following the reorganization of the School the Post Judge Advocate provided legal assistance to armed forces personnel and dependents in the Charlottesville area Liaison has been established with the local Red Cross and Legal Aid Society to assist the department in their respective fields of expertise The caseload averages over 50 clients per month and consists of the type of problems customarily encountered in legal assistance offices in the field
The Post Judge Advocate is also responsible for processing claims anS1J1g from incidents in the Charlottesville area and transit damage for all local military personnel The School has authority to settle and pay claims up to $1000 Fifty-five claims were processed in Fiscal Year 1973
CPT Robie and Miss Brown
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APPENDIX A
ORGANIZATIONAL ROSTER THE JUDGE ADVOCATE GENERALS SCHOOL
(As of 30 June 1973)
COMMANDANT COL John Jay Douglass
OFFICE OF THE SCHOOL SECRETARY
School Secretary LTC Edward C Seufert Post Judge Advocate and CPT William R Robie
Asst School Secretary Adjutant CPT Richard Lynch Chief Logistics CPT William K Thompson Budget Officer Mr Joseph S White Supply Sergeant SFC Eddie H Green Chief Services Division CPT Arthur R Shepherd Protocol Officer 2LT Richard D Lyles Manager Officers Open Mess SSG Joe Mauldin Librarian Mrs R Vivian Hebert
ACADEMIC DEPARTMENT
Director COL William S Fulton Jr Operations Officer MAJ John W Begiebing Project Officer CPT William S Hopson IV Assistant to Director CPT Thomas E Workman Paralegal Training Officer CW2 Charles L West Educational Advisor Mr John A Sanderson Deputy Director for MAJ James A Endicott Jr
Nonresident Instruction Extension Course Officer CPT Joseph W Hely Jr
Procurement Law Division
Chief MAJ Richard E Mowry Senior Instructor MAJ Terrence E Devlin Instructors CPT Richard C Bruning
CPT Thomas R Wagner
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International amp Comparative Law Division
Chief MAJ James R Coker Senior Instructor MAJ James J McGowan Jr Instructors MAJ Charles A White
CPT David E Graham
Criminal Law Division
Chief LTC Hugh R Overholt Senior Instructor MAJ Paul H Ray Instructors MAJ Nancy A Hunter
MAJ Philip M Suarez MAJ Francis A Gilligan CPT William H Parks USMC CPT Jan Horbaly CPT Edward J Imwinkelried
Civil Law Division
Chief LTC David A Fontanella Senior Instructor MAJ Paul J Rice Instructors MAT Jack F Lane Jr
CPT George W Clarke CPT Bernard R Adams CPT Ronald C Griffin CPT Donald N Zillman
RESERVE AFFAIRS AND SPECIAL PROJECTS
Assistant Commandant for LTC Keith A Wagner Reserve Affairs
JAGC Reserve Components LTC James N McCune Career Management
Training Office
Chief CPT Eldon D Roberts
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DEVELOPMENT DOCTRINE amp LITERATURE DEPARTMENT
Director Development Officer Professional Liaison Officer
Military Operations Management amp Plans
Chief InstructorProject Officer
Doctrine amp Literature
Chief Editor Military Law Review
LTC John L Costello Jr CPT Royal Daniel III CPT John D Horne
MAJ James R Wessel MAJ William J Dwyer
CPT Stephen L Buescher CPT Miles J Mullin
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APPENDIX B
BACKGROUND INFORMATION ON OFFICER PERSONNEL
1 Active Duty Personnel (As of 30 June 1973)
COLONEL JOHN JAY DOUGLASS JAGC Commandant AB 1943 University of Nebraska JD 1952 University of Michigan MA 1964 George Washington University LLM 1973 University of Virginia Member of the Bars of Nebraska Michigan Republic of Korea and the US Court of Military Appeals
COLONEL WILLIAM S FULTON JR JAGC Director Academic Department JD 1950 University of New Mexico Member of the Bars of New Mexico US Court of Oaims US Court of Military Appeals and the US Supreme Court
LIEUTENANT COLONEL JOHN L COSTELLO JR JAGC Director Development Doctrine and Literature Department AB 1952 Dickinson College JD 1955 Qickinson School of Law MS 1964 Fletcher School of Law and Diplomacy Member of the Bars of Pennsylvania Republic of Korea and US Court of Military Appeals
LIEUTENANT COLONEL DAVID A FONTANELLA JAGC Chief Civil Law Division BS 1957 University of Connecticut JD 1964 UniversityofMichiganMEd 1973 University of Virginia Member of the Bars of Connecticut the US Court of Military Appeals and the US Supreme Court
LIEUTENANT COLONEL JAMES N McCUNE JAGC Chief Reserve Training BBA 1953 University of Toledo JD 1959 Georgetown University Law School LLM 1963 Georgetown University Law School Member of the Bars of Virginia the US Court of Oaims the US Court of Military Appeals and the US Supreme Court
LIEUTENANT COLONEL HUGH R OVERHOLT JAGC Chief Criminal Law Division BA 1955 JD 1957 University of Arkansas Member of the Bars of Arkansas US Court of Military Appeals and the US Supreme Court
LIEUTENANT COLONEL EDWARD C SEUFERT FA School Secretary BS 1955 University of Maine
LIEUTENANT COLONEL KEITH A WAGNER JAGC Assistant Commandant for Reserve Affairs BA 1954 JD 1964 Duquesne University Member of the Bars of Pennsylvania the District of Columbia US Court of Military Appeals and the US Supreme Court
83
MAJOR JOHN W BEGIEBING Armor Deputy Director Academic Department BS 1957 Norwich University MA 1968 Stanford University
MAJOR JAMES R COKER JAGC Chief International and Comparative Law Division BA 1960 University of Notre Dame LLB 1961 University of Notre Dame MA 1970 Fletcher School of Law and Diplomacy Member of the Bars of Indiana the US Court of Military Appeals and the Federal District Court of Maryland
MAJOR TERRENCE E DEVLIN JAGC Senior Instructor Procurement Law Division BPh 1962 University of North Dakota JD 1965 University of North Dakota School of Law Member of the Bars of North Dakota US Court of Military Appeals US Court of Garms and the US Supreme Court
MAJOR WILLIAM 1 DWYER JR Armor InstructorProject Officer Military Operations Management and Plans BS 1960 The Citadel
MAJOR JAMES A ENDICOTT JR JAGC Deputy Director for Nonresident Instruction Academic Department BS 1960 The Citadel JD 1968 George Washington University Member of the Bars of Virginia the US Court of Military Appeals and the US Supreme Court
MAJOR FRANCIS A GILLIGAN JAGC Instructor Criminal Law Division BA 1961 Alfred University 1D 1964 State University of New York at Buffalo LLM 1970 The George Washington University Member of the Bars of New York the US Court of Military Appeals and the US Supreme Court and admitted to practice before the Court of Appeals State of New York
MAJOR NANCY A HUNTER JAGC Instructor Criminal Law Division AB 1959 University of Colorado JD 1967 Georgetown Law Center Member of the Bars of Virginia the US Court of Military Appeals and the US Supreme Court
MAJOR JACK F LANE JR JAGC Instructor Civil Law Division BA 1963 University of the South LLB 1966 University of Virginia Law School Member of the Bars of Virginia the US Court of Military Appeals and the US Supreme Court
MAJOR JAMES J McGOWAN JAGC Assistant Chief International and Comparative Law Division BS 1959 Spring Hill College LLB 1962 New York Law School LLM 1970 Georgetown University Law School Member of the Bars of New York the US Court of Military Appeals and the US Supreme Court
MAJOR RICHARD E MOWRY JAGC Chief Procurement Law Division AB 1957 College of Emporia LLB 1960 Washburn University Member of the Bars of
84
Kansas the US Court of Claims the US Court of Military Appeals and the US Supreme Court
MAJOR PAUL H RAY JAGC Senior Instructor Criminal Law Division BS 1955 Connecticut State College LLB 1963 Duke University Law School Member of the Bars of North Carolina the US Court of Military Appeals and the US Supreme Court
MAJOR PAUL J RICE JAGC Senior Instructor Civil Law Division AB 1960 JD 1962 University of Missouri LLM 1970 Northwestern University Member of the Bars of Missouri Illinois the US District Court for the Northern District of lllinois USCourt of Military Appeals and the US Supreme Court
MAJOR PHILIP M SUAREZ JAGC Instructor Criminal Law Division AB 1960 Boston College LLB 1963 Harvard Law School LLM 1970 University of Michigan Member of the Bar of Massachusetts
MAJOR JAMES R WESSEL Armor Chief Military Operations Management and Plans BS 1958 United States Military Academy
CAPTAIN BERNARD R ADAMS JAGC Instructor Civil Law Division AB 1966 Brown University LLB 1969 Yale Law School Member of the Bars of New York and the US Court of Military Appeals
CAPTAIN RICHARD C BRUNING JAGC Instructor Procurement Law Division BBA 1965 University of Iowa JD 1968 University of Iowa Member of the Bars of Iowa the US Court of Military Appeals the US Court of Claims and the US Supreme Court
CAPTAIN STEPHEN L BUESCHER JAGC Senior Legal Editor BA 1966middot Allegheny College JD 1969 Case Western Reserve University Member of the Bars of Ohio and the US Court of Military Appeals
CAPTAIN ROYAL DANIEL III JAGC Combat Development Officer BA 1967 Yale University LLB 1970 LLM 1972 University of Virginia Member of the Bars of Virginia and the US Court of Miiitary Appeals
CAPTAIN DAVID E GRAHAM JAGC Instructor International and Comparative Law Division BA 1966 Texas AampM University MA 1968 The George Washington University JD 1971 University of Texas School of Law Member of the Bars of Texas and the US Court of Military Appeals
85
CAPTAIN RONALD C GRIFFIN JAGC Instructor Civil Law Division BS 1965 Hampton Institute JD 1968 Howard University Law School Member of the Bars of the District of Columbia and the US Court of Military Appeals
CAPTAIN JOSEPH W HELY JR JAGC Extension Course Officer BA 1969 Texas AampM JD 1972 St Louis University Member of the Bars of Missouri and the US Court of Military Appeals
CAPTAIN WILLIAM S HOPSON IV JAGC Project Officer Academic Department BA 1966 LLB 1969 the University of Virginia Member of the Bars of the State of Virginia and the US Court of Military Appeals
CAPTAIN JAN HORBALY JAGC Instructor Criminal Law Division BA 1968 1D 1969 Case Western Reserve Member of the Bars of Ohio and the US Court of Military Appeals
CAPTAIN JOHN D HORNE JAGC Professional Liaison Officer BS 196810 1971 University of Tennessee Member of the Bars of Tennessee and the US Court of Military Appeals
CAPTAIN EDWARD J IMWINKELRIED JAGC Instructor Criminal Law Division BA 196710 1969 University of San Francisco Member of the Bars of California and the US Court of Military Appeals
CAPTAIN RICHARD 1 LYNCH AGC Adjutant BS 1967 The Citadel MBA 1972 Florida State University
CAPTAIN MILES 1 MULLIN JAGC Editor Military Law Review Doctrine and Literature Division BA 1967 Texas Christian University JD 1970 St Marys Member of the Bars of Texas and the US Court of Military Appeals
CAPTAIN WILLIAM H PARKS USMC Instructor Criminal Law Division BA 1963 JD 1966 Baylor University Member of the Bars of Texas Washington and the US Supreme Court
CAPTAIN ELDON ROBERTS JAGC Career Management Officer Reserve Affairs BA 1960 JD 1961 University of North Dakota Member of the Bars of North Dakota and the US Court of Military Appeals
CAPTAIN WILLIAM R ROBIE J AGC Assistant School Secretary and Post Judge Advocate BA 1966 1D 1969 Northwestern University Member of the Bars of Illinois the US Court of Military Appeals and the US District Court for the Northern District of Illinois
86
CAPTAIN ARTHUR R SHEPHERD AGC Services Division Coordinator BS 1966 United States Military Academy
CAPTAIN WILLIAM K THOMPSON QMC Chief Logistics BA 1965 Marquette University JD 1968 University of Wisconsin Law School Member of the Bar of Wisconsin
CAPTAIN THOMAS R WAGNER JAGC Instructor Procurement Law Division BS 1967 Bucknell University JD 1970 Temple University Member of the Bars of Pennsylvania and the US Court of Military Appeals
CAPTAIN THOMAS E WORKMAN JAGC Assistant to Director Academic Department BS 1966 Ohio State University JD 1969 Ohio State University College of Law Member of the Bars of Ohio and the US Court of Military Appeals
CAPTAIN DONALD N ZILLMAN Instructor Civil Law Division BS 1966 JD 1969 University of Wisconsin LLM 1973 the University of Virginia Member of the Bars of California Wisconsin and the US Court of Military Appeals
CW2 CHARLES L WEST Paralegal Training Officer Academic Department
87
2 Mobilization Designees
COLONEL DEMETRI M SPIRO JAGC USAR Deputy Commandant AB University of Chicago 1941 JD DePaul University 1948 Private practice of law Chicago Illinois
COLONEL BENJAMIN H SCHLEIDER JAGC USAR Assistant Director Academic Department BS Agricultural and Mechanical College of Texas 1943 JD University of Houston 1950 Private practice of law Houston Texas
LIEUTENANT COLONEL MORRIS B PETERSON JAGC USAR Assistant Chief Civil Law Division BS University of Oklahoma 1949 LLB University of Oklahoma 1952 LLM New York University 1959 Dean of School of Law University of Tulsa School of Law
LIEUTENANT COLONEL DANIEL J MEADOR JAGC USAR Instructor Civil Law Division AB Auburn University 1949 LLB University of Alabama 1951 LLM Harvard University 1954 Professor University of Virginia School of Law
MAJOR JAMES L BLAWIE JAGC USAR Instructor Civil Law Division BA University of Connecticut 1950 AM Boston University 1951 JD University of Chicago Law School 1955 PhD Boston University 195-9 Professor of Law University of Santa Oara School of Law
MAJOR GEORGE KALINSKI JAGC USAR Instructor Civil Law Division AB Wayne State University 1957 JD Wayne State University 1959 LLM Harvard University 1964 Private practice of law Marina Del Rey California
MAJOR FRANCIS J LARKIN JAGC USAR Instructor Civil Law Division BS Holy Cross College 1954 LLB Georgetown University Law Center 1957 LLM Georgetown University Law Center 1958 Professor Boston College Law School
CAPTAIN WALTER T COX JAGC USAR Instructor Civil Law Division BS Oemson University 1964 JD University of South Carolina 1967 Private practice of law Anderson South Carolina
CAPTAIN ROBERT P DAVIDOW JAGC USAR Instructor Civil Law Division AB Dartmouth College 1959 JD University of Michigan 1962 LLM Harvard University 1969 Professor Texas Tech University School of Law
LIEUTENANT COLONEL AARON S CONDON JAGC USAR Assistant Chief Criminal Law Division BA University of Alabama 1950 LLB University of Mississippi 1952 Associate Professor of Law University of Mississippi
LIEUTENANT COLONEL FRANK W ELLIOTT JAGC USAR Instructor Criminal
88
Law Division BA University of Texas 1951 LLB University of Texas 1957 Professor University of Texas at Austin
LIEUTENANT COLONEL EDWARD L MAGILL JAGC USAR Instructor Criminal Law Division BBA University of Miami 1952 JD University of Miami 1957 Private practice of law Miami Florida
LIEUTENANT COLONEL BENJAMIN M WALL JAGC USAR Instructor Criminal Law Division AA and AB Nebraska and Duke Universities 1951 LLB Harvard Law School 1953 Private practice of law Omaha Nebraska
MAJOR CHAPIN D CLARK JAGC USAR Instructor Criminal Law Division AB Kansas University 1952 LLB Kansas University 1954 LLM Columbia University 1959 Professor of Law University of Oregon
MAJOR THEODORE F FAY JR JAGC USAR Instructor Criminal Law Division BA State University of Iowa 1959 JD State University of Iowa 1962 Private practice of law Hugoton Kansas
CAPTAIN THOMAS C MARKS JR JAGC USAR Instructor Criminal Law Division BS Florida State University 1960 LLB Stetson University 1963 PhD University of Florida 1971 Professor Stetson Law School St Petersburg Florida
LIEUTENANT COLONEL PAUL D SUMMERS JR JAGC USAR Instructor International and Comparative Law Division BS U S Military Academy 1951 LLB University of Virginia School of Law 1957 Trust Officer Citizens Bank amp Trust Company Charlottesville Virginia
MAJOR PASCO M BOWMAN JAGC USAR Instructor International and Comparative Law Division BA Bridgewater College 1955 LLB New York University 1958 Dean Wake Forest University School of Law
MAJOR PAUL M GREEN JAGC USAR Instructor International and Comparative Law Division BBA University of Texas 1957 LLB and JD University of Texas 1957 Private practice of law San Antonio Texas
MAJOR FREDERICK GOLDSTEIN JAGC USAR Instructor International and Comparative Law Division BA Yale University LLB University of Virginia 1958 Private practice of law Boston Massachusetts
CAPTAIN JORDAN J PAUST JAGC USAR Instructor International and Comparative Law Division AB University of California 1965 J S University of California 1968 LLM University of Virginia 1972 J SD Candidate Yale Law School New Haven Connecticut
89
CAPTAIN EDWARD F SHERMAN JAGC USAR Instructor International and Comparative Law Division AB Georgetown University 1959 MA (History) University of Texas 1967 MA (English) University of Texas 1967 LLB Harvard 1972 Assistant Professor Indiana University School of Law Bloomington Indiana
LIEUTENANT COLONEL DONALD H HEDGES JAGC USAR Instructor Procurement Law Division BA University of Washington 1950 LLB University of Washington 1954 Attorney U S Department of Commerce Seattle Washington
MAJOR DONALD T WECKSTEIN JAGC USAR Assistant Chief Procurement Law Division BBA University of Wisconsin 1954 LLB University of Texas 1958LLM Yale Law School 1959 Professor San Diego School of Law San Diego California
MAJOR STRATTON R HEATH JAGC USAR Instructor Procurement Law Division BBA University of Wisconsin 1959 JD University of Wisconsin 1961 Attorney Office of Regional Counsel HITCO Denver Colorado
MAJOR JOHN S MILLER III JAGC USAR Instructor Procurement Law Division BA Hamilton College 1959 LLB University of Virginia 1962 LLM National Law Center George Washington University 1970 Attorney Office of General Counsel GSA Washington DC
MAJOR ROBERT L McCLOSKEY JAGC USAR Assistant Chief Special Training Division ~LB Georgetown University Law Center 1954 LLM Georgetown University Law Center 1955 Attorney Appalachian Regional Commission Washington DC
LIEUTENANT COLONEL EDWARD J ATKINS JAGC USAR Assistant Director Developments Doctrine and Literature Department LLB University of Miami 1963 Private practice of law Miami Florida
CAPTAIN DAVID C CUMMINS JAGC USAR Legal Writer Developments Doctrine and Literature Department BS University of Idaho 1957 LLB University of Washington 1960 Professor Texas Tech University Lubbock Texas
CAPTAIN STEPHEN DAVIS JAGC USAR Legal Writer Developments Doctrine and Literature Department BA Dickinson College 1960 LLB Columbia University 1963 Assistant District Attorney Kings County New York
CAPTAIN WINSTON M HAYTHE JAGC USAR Project Officer Office of the School Secretary BS Southwest Missouri State College 1963 JD College of William and Mary 1967 Private practice of law Washington DC
CAPTAIN CHARLES P ROSE JR JAGC USAR Project Officer Office of the School Secretary AB College of William and Mary 1964 JD Western Reserve University 1967 Assistant Professor Wake Forest University School of Law Winston-Salem North Carolina
90
APPENDIX C
ALLIED STUDENTS - FY 1973
LTC Leon O Ridao Philippines 21 st Advanced Class
MAJ Feraidoon Haji-Aboutaleb Tehrani Iran 21 st Advanced Class
Squadron Leader S M Anwar Pakistan Air Force 21 st Advanced Class
MAJ D H D Selwood United Kingdom 66th Basic Course
CPT Husni Salem AI Omari Jordan 66th Basic Course
91
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APPENDIX F
THESIS TOPICS AND SCOPE NOTES 21 st ADVANCED CLASS
CAPTAIN EILEEN M ALBERTSON USMC The Reversion of Okinawa Its Effect on the International Law of Sovereignty Over Territory
This thesis will analyze the principle that sovereignty over territory once recognized is perpetual and absolute until it is contractually agreed otherwise To do this Okinawa will be used as the factual model and four generally recognized principles of international law will provide the legal basis for discussion After setting the factual and legal stage a determination will be made as to Okinawa IS legal status in the international community the significance of that status the effect of the reversion of Okinawa as evidence of the acceptance of the proposed principle as well as its significance as a basis of major precedent in establishing the principle as international law Finally the relevance of the principle and its applicability and enforceability in a present day situation namely the Middle East crisis will be evaluated
SQUADRON LEADER SHEIKH MUHAMMAD ANWAR Pakistan Administration of Justice in the Pakistan Air Force
A brief review of the development of Pakistan is presented as a background for an explanation of the legal system of the Pakistan Air Force Major aspects of criminal legal system are discussed and include the jurisdictional extent of Air Force law over persons for investigation of charges and summary punishments organization structure and procedures of courts-martial and appellate and constitutional rights of service members Based on a comparative analysis of Pakistan and US military laws recommendations for improvements in limited areas of both systems are presented and discussed
CAPTAIN H JERE ARMSTRONG The Right of Confrontation=Then and Now
This article presents a study of the historical development of the Sixth Amendment Right of Confrontation in Federal and Military courts an analysis of seven tests suggested by the courts for determining when there has been a confrontation within the meaning of the Constitution and a consideration of the term actual unavailability as it relates to the admissibility of extrajudicial declarations in trials by court-martial
MAJOR JAMES A BADAMI Servicemens Unions Constitutional Desirable Practical
This paper examines the historical development of labor-management relations in
97
the private and the public sectors in seeking understanding of the basis for proposed servicemen IS unions It discusses the applicability and limitations of First Amendment rights to members of the military illustrated in court cases and administrative regulations A theoretical justification for such unions is based on successful examples from foreign countries aspects of unionism already present in the American military system and the demonstrated need for unions as an effective grievance procedure The conclusion offers guidelines and boundaries for the operation of servicemen IS unions within the military
LIEUTENANT COMMANDER ROBERT C BERKLEY USN Tax Planning and the Middle-Income Military Investor
This thesis presents an examination of present federal laws relating to tax planning for the middle-income military investor The analysis includes suggestions for tax minimizatiori for the military investor in securities and real estate as well as tax advice designed to assist the military investor in his ultimate goal of family security
MAJOR RICHARD S BUCK IV What Privileges Does the King Still Have in the Market Place
The defense of sovereign acts permits the Government to perform general and public acts as opposed to contractual acts and not be financially responsible to its contractors for the consequences of such acts This paper describes the past history of this doctrine and how it is applied today in such areas as minimum wage laws diplomatic affairs military operations excusable delay internal government operations etc Some changes in this doctrine could be made by changes in standard Government contract provisions
CAPTAIN BERNARD ROLLINS CARPENTER Enlistment--A Contract Status or Marriage
An historical approach to determine the legal nature of the enlistment relationship reveals potential issues which may be a basis for substantial litigation The enlistment relationship as an alleged legal contract and potential legal premises resulting therefrom are questioned in light of statutory enactments and court decision Suggested alternatives to the relationship by courts and writers are reviewed and analyzed for legal efficacy A seemingly settled area may become quite controversial as a volunteer Army is realized The purpose of this thesis is to point out potential areas of dispute define the relationship and suggest possible alternatives
CAPTAIN GEORGE W CLARKE Political Activity of Servicemen The Military Hatch Act and the First Amendment
Political activity by members of the armed forces is severely limited by military
98
regulations This regulatory scheme raises fundamental questions regarding the extent to which the First Amendment applies to servicemen the authority for promulgation of the regulations and the underlying reasons asserted to justify the restrictions This thesis attempts to answer those questions
CAPTAIN JAMES P COLEMAN Waiver by Guilty plea
This thesis examines the doctrines of waiver by guilty plea in military law and formulates a tentative rule by which current and future waiver issues may be analyzed In addition possible future developments in this evolving area of litigation are examined with reference to their probable effect upon the current state of the law
MAJOR DAVID B CRAIG Control and Discipline in the United States Army Reserve
This thesis will present an analysis of the procedures available to the US Army Reserve Unit Commander for the control and discipline of his troops to include a determination of unsatisfactory participation involuntary call to active duty administrative reduction and elimination Additionally this thesis will silhouette the present system against the desires and concepts of the modern volunteer Army to produce specific suggestions and recommendations for the future
CAPTAIN JERALD D CROW USMC Emoluments of Military Service as Community Property
The effects of community property law upon military emoluments are little known nor considered by servicemen Military attorneys counseling servicemen contemplating divorce in community property states are usually unfamiliar with community property implications and have no readily available source of information The author has drawn together the bulk of cases from all community property jurisdictions construing military emoluments An analysis is made of major cases problem areas discussed and conclusions presented as to the commun~ty character of each emolument considered Recommendations are made for dealing with possible problem areas
MAJOR LEONARD H DANCHECK Forgotten My Lais US Intervention Occupation and Pacification in Haiti (1915-1920)
This artic1~ is a case study of the causes and background of the 1915 United States intervention in Haiti the subsequent United States occupation of the country the suppression in 1919-1920 of the insurrection that developed in opposition to American control the alleged atrocities committed during the suppression the reaction to the alleged atrocities by the nations press and the investigations of the alleged atrocities by the Navy Marine Corps and the United States Senate
99
CAPTAIN HOWARD C EGGERS The Specificity Required in Military Search Warrants
This thesis discusses the need for a definite description of the place to be searched and the things to be seized in military search warrants It is an attempt to define specificity standards for the use of military magistrates in drafting warrants An analysis of current civilian standards as revealed in federal case law and present military practices in the search area establishes certain guidelines to be followed
CAPTAIN RUSSELL J FONTENOT Development of the Staff Legal Officers Responsibility Under the Law of War
A study of the origins and development of the criminal responsibility of the individual staff legal officer under the law of war consideration is given to both the effects of international law and the municipalized law of war a detailed analysis is made of the substantive international standards announced at Nuennberg and how these standards were applied not only to the lawyer but also to the commander and his other staff officers
CAPTAIN ROBERT M FRAZEE Flag Desecration Symbolic Speech and the Military
To analyze federal law selected state laws and Army regulations concerning flag desecration as it pertains to freedom of speech Emphasis will be placed upon the public and private interests what is meant by desecration of the flag what is a flag within the meaning of these statutes and what are the particular military interests and responsibilities in the enforcement of flag desecration statutes
MAJOR WENDELL R GIDEON Federal Medical Care Recovery Act Methods and Sources of Recovery and the Impact of No-Fault Insurance
This thesis examines the methods and sources of recovery under the Federal Medical Care Recovery Act and recommends ways of increasing their effectiveness In addition an analysis is made as to the impact that no-fault insurance will have upon the recovery program and to recommend ways of solving the problems which no-fault legislation appears to have created to include enactment of National No-Fault Law and amending the Federal Medical Care Recovery Act itself
CAPTAIN DEWEY CABELL GILLEY JR Using Counsel to Make Military Pretrial Procedure More Effective
An examination of what the role of counsel in pretrial procedure in the military should be Specifically when the right of counsel attaches currently and under constitutional standards what the role of counsel is in pretrial procedure in the military and in civilian jurisdictions and what the role of counsel would be in pretrial procedure
100
as changed by Army pilot programs and by proposed amendments to the Uniform Code of Military Justice The thesis recommends utilizing the safeguards of civilian jurisdictions in pretrial procedure in the military in a way which will preserve command responsibility for morale and discipline
CAPTAIN CHARLES H GIUNTINI Motivating the Military Lawyer
The current retention outlook concerning Judge Advocate General officers and the projections regarding the retention problems of the future require critical analysis of all aspects of the management of those serving on active duty in the corps This thesis discusses the concept of job safisfaction in an attempt to provide the Judge Advocate Manager meaningful suggestions concerning the motivation of the military lawyer
CAPTAIN JOHN C GOLDEN III Doctrine of Immunity Regarding Military Personnel and Federal Employees for Official Acts
An examination of personal liability and the doctrine of immunity pertaining to military personnel and other federal employees for tortious conduct arising from official acts with proposals for providing adequate remedies
CAPTAIN ARTHUR G HAESSIG The Soldiers Right to Procedural Due Process The Right to be Heard
An analysis of the enlisted soldiers right to be heard as an element of procedural due process in certain adverse personnel actions In particular an analysis of present Army regulatory procedures and the due process right to be heard in the revocation of security clearances enlisted separation for unfitness and unsuitability enlisted reduction for civil conviction and for inefficiency bars to reenlistment reclassification of the enlisted soldiers Military Occupational Specialty (MOS) and to the extent that the soldiers career is adversely affected by the preceding actions the Armys Qualitative Management Program The analysis examines thes~ procedures in light of current law and proposes a general regulatory change to insure the soldiers right to be meaningfully heard
MAJOR WILLIAM J HEMMER Violation of the Military Superior--Subordinate Relationship is a Crime Isn It
In the midst of vast hue and cry for the civilization of military justice exists a strident count~rvailing assertion that the Armys discipline is goinghas gone to hell in a handbasket because military justice is too civilianized The author undertakes an interdisciplinary examination of a microcosm the application of criminal sanctions to fraternizations by an officer with an enlisted man From this examination conclusions are drawn as to the dilemma of the larger unity
101
CAPTAIN FRANKLIN D HOLDER USMC A Historical Development of Mutiny
A study of the federal and military acts of mutiny with particular emphasis on the historical development of the substantive law and the jurisdictional aspects
MAJOR WAYNE R ISKRA The Right to Privacy in the Military Service
Trace the historical role of the commander to conduct inspects and briefly compare it with the role of the commander in authorizing searches based on probable cause Compare the military case law on the right of the commander to inspect barracks on post housing place of duty and conduct inventories with the recent civilian case law involving inspections by governmental agencies on private homes and businesses Evaluate the VOLAR concept which appears to place emphasis on making military life more attractive to the soldier ie individual rooms in barracks with the need to solve pressing military problems ie drug abuse Attempt to reach some conclusions as to whether the right of the commander to conduct inspections can andor should b~ broadened I intend to utilize military and civilian law review articles legal and nonlegal publications and civilian and military court decisions with special emphasis on US v Biswell 40LW4489 (1972) and US v Grace 42 CMR 11 (1970)
MAJOR THOMAS A KNAPP Problems of Consent in Medical Treatment and Human Experimentation
After a general review of the history and origin of informed consent the thesis concentrates on the nature of consent with emphasis on the consent form inquiry into the emergency doctrine an analysis of the qualified right of an adult to refuse medical care and an examination of informed consent in human experimentation with comment on the Tuskegee Study The author concludes that a revision of consent forms should insure that the individual has given informed consent that the Army Regulation dealing with the refusal of medical care should be revised to comport with civilian standards and a disinterested third party assist in obtaining informed consent in the area of human experience
CAPTAIN WILLIAM J LEHMAN Suffer the Little Children Child Maltreatment in the Military
This paper examines child maltreatment in an historical context and traces the evolution of civilian laws designed to protect maltreated children The existence of child maltreatment in military families is documented and an analysis made of the existing methods for dealing with the problem within the military The problems peculiar to administration of a child welfare system by the military including jurisdiction and available resources are examined in depth Recommendations are advanced for improving the
102
handling of child maltreatment in the military environment
LIEUTENANT COLONEL MARTIN R LOFTUS What is a Custodial Interrogation in
Military Legal Practice
The objective of this thesis is to determine what is a custodial interrogation in military legal practice Analysis includes a determination of when an interrogation becomes custodial examining five possible texts of focus subjective belief of the person being questioned objective belief of the person being questioned subjective intent of arresting officer and whether the person being questioned is objectively or subjectively a suspect In addition an analysis is also made of what is an interrogation examining the areas of spontaneous statements verbal acts searches handwriting and voice identification
MAJOR HALDANE ROBERT MAYER Constitutionality of Commander Authorized Searches and Seizures
This is a study of the evolution of the constitutional mandate that searches be authorized by neutral and detached magistrates and not by officials engaged in the police activities of government The core of the study is an investigation of search authorization practices in military law specifically the Army and a judgment as to their compliance with the Supreme Courts Fourth Amendment requirement of impartiality on the part of the officer who authorizes searches Recommendations for change in the military process conclude the study
CAPT AIN KENNETH M MITCHELL Is Article 117 Unconstitutional Due to Vagueness and Contrary to the First Amendment
This thesis presents a review and analysis Qf past military decisions involving the offense of Article 17 provoking words and gestures with particular emphasis on the question whether Article 17 is unconstitutional due to vagueness and contrary to the protection afforded by the First Amendment
MAJOR CHARLES A MURRAY The Power of the Post Commander to Proscribe Speech and Expression
A study of the power of the post commander to proscribe speech and expression on post with particular emphasis on those powers explicitly set forth by statutes those powers implicit by statutes and regulations and the recent case law with a view towards ascertaining the current legal status of those powers
103
CAPTAIN WILLIAM J NORTON II United States Obligations Under Status of Forces Agreements A New Method of Extradition
This article examines the rights and obligations acquired and undertaken by the United States Government and its Armed Forces under the numerous Status of Forces Agreements concluded by the United States since 1951 to determine whether the United States has any international duty stemming from those agreements to return to foreign states or in effect to extradite individuals who allegedly commit crimes in the foreign state but happen to depart that state before its full criminal processes have been exhausted
CAPTAIN MAURICE J OBRIEN Scanwell-Light at the End of the Tunnel
This article analyzes an unsuccessful bidders entitlement to judicial review of a procurement award It also examines the judicial remedies available to an unsuccessful bidder and the rules and procedures for their application It evaluates the effects and the effectiveness of the judicial relief provided and it concludes with a suggestion for a more appropriate review procedure
CAPTAIN WILLIAM H PARKS USMC Command Responsibility
A comparative analysis of war crimes trials involving command responsibility in order to determine the standards required of a military commander in combat with regard to prevention investigation reporting and prosecution of war crimes Included in this examination will be a view of the criminal responsibility of the com bat commander possible offenses and the question of degree of intent required
CAPTAIN FRANK J PYLE JR Light at the End of the Tunnel-Prison Exile or Amnesty
Beginning with the backdrop of dissent and the end of United States participation in Vietnam the history of amnesty is examined The emphasis is on United States history and the sources of authority for granting amnesty in the United States To focus on todays situation the possible amnesty claimants are examined as well as the forms in which an amnesty might be granted Considerations and arguments for and against granting amnesty are given Possible implementation is examined with a prediction as to the possibility of a post-Vietnam amnesty
CAPTAIN ROYCE C RICH Liability Under the Federal Tort Claims Act During Permanent Change of Station Travel
The purpose of this thesis is to examine the divergent holdings of the various United States Circuit Court of Appeals on the issue of scope of employment under the Federal
104
Tort Claims Act in the case of nilitary personnel during permanent change of station travel An analysis will be made of the factors considered by the courts in their opinions and a comparison will be made with the legislative intent of Congress when it passed the Federal Tort Claims Act Finally appropriate corrective action will be outlined which will help preserve the intent of Congress when it passed this Act
LIEUTENANT COLONEL LEON O RIDAO Republic of the Philippines The Philippine Claims to Internal Waters and Territorial Sea An Appraisal
Who shall control the seas and for what purposes These Professor Schewebel states are the great issues involved in the contemporary worldwide struggle over the content of the law of the sea Nations of the world have been confronted with these issues ever since the great voyages of discoveries and the growth of navies of the States Recent advances in technology have heightened the conflict In view of such technological strides more and more States have found greater need for the exercise of sovereignty or jurisdiction over larger portions of the sea adjacent to their coasts than ever before Asserted interests are diverse and important The result is the rise of so many competing national claims that it may well be said that the present international law of the sea like the sea itself is in perpetual movement it is in a state of upheaval
The Republic of the Philippines consider as part of its national territory all the waters lying within the international treaty limits of the Philippines
It is the purpose of this study to determine the validity under international law of these Philippine claims to its internal waters and territorial sea
CAPTAIN JEROME W SCANLON JR The Scope of a Search Incident to a Lawful Arrest
This thesis presents an analysis of the law of the scope of a search incident to a lawful arrest as developed by the United States Supreme Court and other courts The author develops the rationale used to formulate the rules in the three types of areas which are the subject of such a search-the premises where the arrest took place the vehicle driven or occupied by the accused at the time of arrest and the search of the arrestees person This thesis also outlines the considerations which must be taken into account by the arresting police officers and the prosecuting attorney in order to sustain a particular search
CAPTAIN WILLIAM N SCHNELL The Decline of the Judicial Doctrine of Nonreviewability of Military Decisions Ordering or Denying Discharges
An examination of recent federal court decisions revealing an increased judicial trend to review some administrative proceedings affecting internal matters of the military and maintaining the traditional judicial doctrine of nonreviewability of military discretionary acts
105
CAPTAIN TIMOTHY J SIMMONS The Post Trial
This thesis briefly examines the historical antecedents to the present post trial review It then discusses the present requirements which have been imposed statutorily and judicially Alternative approaches to the present formalized system are discussed and specific recommendations are made to create a more workable post trial review Finally an interim approach is recommended to reduce the problems with the post trial review until statutory changes can be made
MAJOR FERAIDOON H TEHRANI Imperial Iranian Army Comparison of Military and Civilian Criminal Procedures in Iran
This paper examines the criminal proced ures in the military and civilian courts in Iran Where the procedures are similar the military court procedure is discussed otherwise the differences are reviewed and compared in detail
CAPTAIN CHARLES W TRAINOR The Buy American Act An Examination Analysis and Comparison
This study examines the principles of the Buy American Act from its inception through its present application noting those consistencies and inconsistencies with the original legislative intent of the 1933 Act and resultant effect of the Executive Order of 1954 The Act is further compared with the Most Favored Nation IS Gause and the exculpatory paragraphs of the General Agreements on Tariffs and Trade dealing with buy-national policies of its member states The buy-domestic policies of seventeen nations are then set forth distinguishing the United States policy as enumerated in the Act Concluding the study are suggestions for further implementation of the Act making it more responsive to those it was intended to serve
MAJOR CHARLES A WHITE JR Residual Value--Candles and Costs
This paper discusses the problems inherent in the recovery of residual value for United States investments in the Federal Republic of Germany 1963-1973 It details the background of the US operations concerning real estate through the Occupation Period (1945-1955) and into the Contractural Relations Period (1955-1963) The negotiations of the Damages and Residual Value Articles of the Supplementary Agreement is covered in detail The paper encompasses all legal and practical aspects arising under the provisions of Articles 41 and 52 as they pertain to residual value A general world-wide survey of the subject is not included
106
APPENDIX G
GUEST MEMBERS THESIS EVALUATION COMMITTEES 21 st ADVANCED CLASS
Brigadier General Edmund Montgomery USAR Lieutenant Colonel Thomas H Davis
Administrative Law Division OTJAG Colonel R D Michelson
USMC HQ U S Marine Corps Washington D C Professor Robinson O Everett
Duke University Durham North Carolina Dr Thomas H Hunter
UVA Medical School Professor Lawrence Gaughan
Washington amp Lee University School of Law Lieutenant Colonel Wayne E Alley
Judge U S Army Court of Military Review Professor John Ritchie
UVA Law School Major General Kenneth J Hodson
Chief Judge U S Army Court of Military Review Lieutenant Colonel Richard McNealy
Deputy International Affairs Division OTJAG Professor Walter J Wadlington
UVA Law School Mr James Michael
Office of Legal Adviser Department of State Major William G Eckhardt
Litigation Division OTJAG Lieutenant Colonel Ronald M Holdaway
Chief Government Appellate Division OTJAG Professor Richard E Speidel
UVA Law School Professor Carl McFarland
UVA Law School Professor Charles H Whitebread
UV A Law School Mr John Schulz
Editor-in-Chief Military Law Reporter Washington D C Colonel Joseph Van Oeve Jr
Chief Contract Appeals Division OTJAG
107
Colonel William T Rogers Senior Judge U S Army Court of Military Review
Professor James Bond Washington amp Lee University School of Law
Professor Donald Curtis Administrative Assistant Graduate School of Business Administration UVA
Brigadier General Lawrence H Williams Assistant Judge Advocate General for Military Law OTJAG
Mr Philip M Wilson U S Army Claims ServiceFt Meade Maryland
LCDR Thomas R Santfer HQ Department of the Navy Washington D C
Major Frank Stone SOFA Team Chief International Affairs Division OTJAG
Mr Waldemar A Solf Chief International Affairs Division OTJAG
Colonel Alton H Harvey Chief Military Justice Division OTJAG
Lieutenant Colonel Abraham Nemrow (Ret) Clerk Court of Military Review
108
APPENDIX H
21st ADVANCED CLASS GRADUATES
CPT Eileen M Albertson USMC CPT Franklin D Holder USMC SQUAD LDR Sheikh Muhammad Anwar MAJ Wayne R Iskra CPT Henry J Armstrong CPT Henry C Karlson MAJ James A Badami MAJ Thomas A Knapp LCdr Robert C Berkley USN CPT William J Lehman MAJ Richard S Buck IV LTC Martin R Loftus CPT Bernard R Carpenter MAJ Haldane R Mayer CPT George W Clarke CPT Kenneth M Mitchell CPT James P Coleman MAJ Charles A Murray MAJ David B Craig MAJ William J Norton II CPT Jerald D Crow USMC CPT Maurice J OBrien MAJ Leonard H Dancheck CPT William H Parks USMC CPT Howard C Eggers CPT Frank J Pyle Jr CPT Russell J Fontenot CPT Royce C Rich CPT Robert M Frazee LTC Leon O Ridao MAJ Wendell R Gideon CPT Jerome W Scanlon Jr CPT Dewey C Gilley Jr CPT William N Schnell CPT Charles H Giuntini CPT Timothy J Simmons CPT John C Golden III CPT Feraidoon H Tehrani CPT Arthur G Haessig CPT Charles W Trainor MAJ William J Hemmer MAJ Charles A White Jr
109
APPENDIX I
ACADEMIC AWARDS 21 st ADVANCED CLASS
HIGHEST OVERALL CLASS STANDING
Award for Professional Merit -- American Bar Association
CAPTAIN GEORGE W CLARK CAPTAIN HOWARD C EGGERS CAPTAIN HENRY C KARLSON
SECOND HIGHEST OVERALL CLASS STANDING
Award for Professional Merit -- The Judge Advocate Generals School
CAPTAIN DEWEY C GILLEY JR
HIGHEST STANDING IN CIVIL LAW
Award for Distinguished Accomplishment - Judge Advocates Association
CAPTAIN HENRY C KARLSON
HIGHEST STANDING IN CRIMINAL LAW
Judge Paul W Brosman Award -- United States Court of Military Appeals
CAPTAIN HENRY C KARLSON
HIGHEST STANDING IN INTERNATIONAL AND COMPARATIVE LAW
Award for Distinguished Accomplishment - The Judge Advocate Generals School
CAPTAIN HENRY C KARLSON
HIGHEST STANDING IN MILITARY COMMAND AND STAFF
Plaque - Association of the United States Army
CAPTAIN DEWEY C GILLEY JR
III
HIGHEST STANDING IN PROCUREMENT LAW
Award for Distinguished Accomplishment -- The Foundation of the Federal Bar Association
CAPTAIN HOWARD C EGGERS
OUTSTANDING THESIS
Award for Distinguished Scholarship -- The Judge Advocate Generals School
CAPTAIN GEORGE W CLARKE
112
APPENDIX J
65th BASIC CLASS GRADUATES
CPT Robert F Apgar CPT Kenneth L Baker LT Robert L Beauregard USCE CPT Paul C Besozzi CPT Burk E Bishop CPT Charles W Boohar J r CPT Mack W Borgen CPT Victor S Carter Jr CPT Michael R Caryl CPT Joseph W Ca~per
CPT Madge K Casper CPT Dayton M Cramer CPT David M Curtis CPT Charles B Dickson MAJ Alfred J Dirska CPT Robert D Doane CPT Terence M Donnelly CPT John E Dorsey LT Winona G Dufford USCG CPT Jerry G Du Terroil CPT David R Dowell CPT Stephen A J Eisenberg LT Robert W Ferguson USCG LT Philip L Font USCG CPT Raymond G Frere CPT John W Fryer CPT John P Halvorsen CPT Patrick K Hargus CPT Dennis E Harrold CPT James R Hill Jr CPT John R Hill CPT Earl T Hilt s LT Franklin D Hoffman Jr USCG LT Francis P Hopkins Jr USCG CPT Harry D Hoskins III
66th BASIC
CPT Thomas B Allen CPT James W Almand
CPT George W House CPT Sammy S Knight CPT Gary J Krump CPT Ralph E Larson CPT Fredric I Lederer CPT Gerald J Leeling CPT David R Lorence CPT John W Lewis CPT John R MacPherson CPT Gary R McSpadden CPT Peter H Mathis CPT Jack H Morgan LT Howard S Myers III USCG CPT Joyce E Plaut CPT Peter K Plaut LT Robert J Reining USCG CPT Nicholas P Retson CPT George D Reynolds CPT Paul A Robblee Jr CPT Stephen H Rovak CPT John G Sauer CPT Lawrence L Severson LT William B Short Jr USCG CPT Dale B Smith CPT Nick J Staihar CPT Lewis R Stark CPT Richard G Stein LT James J Tamulski USCG CPT Thomas N Tromey CPT Vaughan E Taylor CPT Stephen G Varga CPT Dennis J Wing CPT Donn T Wonnell CPT Edward R Ziegler LT Stephen H Zimmerman USCG
CLASS GRADUATES
CPT Richard S Blakely CPT Alexander L Blondeau Jr
113
CPT Paul L LuedtkeCPT Stanley D Brown CPT Robert A McSorley CPT Chester H Budz CPT Ronald J MedarisCPT Richard W Cairns CPT Larry S MerckCPT Barry N Capalbo CPT Donald Morgan CPT John E Caulking CPT Philip E Mullin CPT Peter B Crary CPT Husni Salem Omari Jordanian Army CPT Willis D Cronkhite III CPT Frank T Pandora II CPT Patrick F Crow CPT Jerry R ProthroCPT King K Culp CPT Joseph A RehyanskyCPT James R Dedrick CPT Eldon D RobertsCPT Peter M Desler CPT Robert W SchiveraLT John H Distin USCG CPT John F SchmutzCPT Daniel J Dykstra Jr CPT Gerald A SchroederCPT James S Eakes CPT Paul M ScottCPT Frank B Ecker Jr CPT John R SeeronenCPT Robert D Ganstine CPT Ruurd C SegaarCPT James L Goetz MAJ David HD Selwood British Army CPT Michael H Gottesman CPT Frederic N SmalkinCPT Keith H Harnack CPT Brian K SmithCPT John D Hand CPT Ronald M SmithCPT Joseph W Hely Jr CPT Stephen L SmithCPT Ted B Herbert CPT Shelby L Starling JrCPT James A Hightower Jr CPT Richard T St Clair CPT Paul F Hill CPT Guyton O Terry JrCPT Stephen A Husman CPT Lewis L Thompson JrCPT Joseph P Kulik Jr CPT Harry A Tucker Jr CPT Harry L Lamb Jr CPT Lanny T Winberry CPT Lafayette J Lamb CPT Lawrence E Wzorek CPT Mark R Lindenmeyer
67th BASIC CLASS GRADUATES
CPT Raymond R DeckertCPT George W Bailey Jr CPT Leroy L De NooyerCPT William J Baker CPT John J DioguardiCPT K Reid Berglund CPT Chauncey W Durden III CPT William G Berkson CPT Gregory L EdlefsenCPT John D Billingslea Jr CPT William H EldridgeCPT Jack T Brooks CPT Ray A FarringtonCPT Edward G Bryant CPT Dominic A Femino JrCPT Stephen R Burns CPT Frank T FlanneryCPT Demmon F Canner CPT Cecil G Foster JrCPT Richard A Cefola CPT Charles C FreyerCPT Matthew J Coco CPT William P FugelsoCPT Peter J Curry CPT Russell J GeoffreyCPT Lawrence R Daniels
114
CPT Jerry H Gilbert CPT Daniel R Grills CPT Robert L Guinn CPT Alfred H Juechter Jr CPT Marshall M Kaplan CPT Douglas 1 Kaukl CPT Donald L Ketels Jr CPT Dennis A Klejna CPT Carlos E Lazarus CPT Jerome L Lemberger CPT John J Madden Jr CPT Frank C Marshall Jr CPT John B Martin CPT Carlos G Martinez CPT Everett D Marvin III CPT Roger K Masuda CPT Dale V Matthews CPT Daniel C McCarthy CPT Samuel P Militello CPT Clifford J Moy CPT Paul S Murphy CPT Steven D Needle CPT Charles M Nester CPT John K Northrop
CPT James M Norton CPT Willard E Nyman III CPT Louis F Pine II CPT Robert A Prentice CPT Herbert L Raiche CPT John T Rank CPT Michael G Rice CPT Wayne G Rod CPT James H Rosenblatt CPT Michael L Rudasill CPT James A Rupp CPT Stephen V Saynisch CPT Benjamin H Settle CPT Charles W Sheehan Jr CPT Anthony J Siano CPT Douglas C Smith CPT William L Sossaman CPT Craig L Stevenson CPT Marshall M Sweeney CPT Allan A Toomey CPT Martha J Trudo CPT John K Vreeland CPT Craig M Wilson CPT Eduard T L Zijlstra
68th BASIC CLASS GRADUATES
CPT Richard C Bentley CPT Fay the A Blake CPT John R Bone LT Robert G Bright USCG CPT William 1 Caron CPT Larry G Cecil CPT Ronald L Chapman CPT Hugh E Cherry CPT Michael C Denny CPT Graydon W Dimkoff CPT Ronald E Erickson CPT Ralph J Frick Jr CPT Lester M H Goo CPT Glenn S Hara CPT William C Jaekel CPT Thaddeus J Keefe III
CPT Leslie E LeDoux II CPT Robert A Long Jr CPT William G F Mill er CPT Kenneth E Mitchell LT James D Morgan USCG CPT Robert E Morris CPT Vahan Moushegian Jr CPT Frank R Newett CPT Richard H Nixon CPT James P Ring CPT Conrad J Rybicki CPT Ronald J Shea LT John E Shkor USCG CPT Lawrence A Smith CPT Frank J Wagner Jr CPT Alvern C Weed
115
bull
APPENDIX K
BASIC CLASS ACADEMIC AWARDS
American Bar Association Award for Professional Merit (highest overall academic standing)
CPT Robert F Apgar 65th Basic CPT Lawrence E Wzorek 66th Basic CPT John K Vreeland 67th Basic CPT Robert A Long Jr 68th Basic
Commandants Award for Professional Merit (second highest overall academic standing)
CPT John R MacPherson 65th Basic CPT Frederick N Smalkin 66th Basic CPT John T Rank 67th Basic CPT Glenn S Hara 68th Basic
Judge Paul W Brosman Award United States Court of Military Appeals (highest standing in Criminal law subjects)
CPT Robert F Apgar 65th Basic CPT Gerald J Leeling 65th Basic CPT John R MacPherson 65th Basic CPT Peter K Plaut 65th Basic CPT Dale B Smith 65th Basic CPT James W Almand 66th Basic CPT Frederick N Smalkin 66th Basic CPT Harry A Tucker Jr 66th Basic CPT Lawrence E Wzorek 66th Basic CPT John K Vreeland 67th Basic CPT Robert A Long Jr 68th Basic CPT Frank R Newett 68th Basic
The Foundation of the Federal Bar Association Award for Distinguished Accomplishment (highest standing in Procurement Law subjects)
CPT Charles B Dickson CPT Frederick N Smalkin CPT John J Dioguardi CPT William C Jaekel
65th Basic 66th Basic 67th Basic 68th Basic
117
Judge Advocates Association Award for
CPT Joyce E Plaut CPT James W Almand CPT Paul M Scott CPT Lawrence E Wzorek CPT George W Bailey Jr CPT Hugh E Cherry
Achievement (highest standing in Civil Law)
65th Basic 66th Basic 66th Basic 66th Basic 67th Basic 68th Basic
Association of the United States Army Plaque (highest standing in Phase I)
CPT John R Hill CPT Alexander L Blondeau Jr CPT Willis D Cronkhite CPT John J Dioguardi CPT Ronald L Chapman
65th Basic 66th Basic 66th Basic 67th Basic 68th Basic
118
GUEST
SPEAKER
Mr Roscoe J Ailor Chief Recovery Division U S Army Claims Service Fort Meade Maryland
Professor Richard C Allen Director Institute of Law Psychiatry and Criminology George Washington University
Mr Harry H Almond Jr Senior Attorney-Advisor Office of General Counsel for International Affairs Office of Secretary of Defense
BG Bruce C Babbitt USA Assistant Judge Advocate General for Civil Law
Professor Richard R Baxter Harvard University School of Law
LTC Harry Beavers MC Chief Family Planning Service Walter Reed Medical Center
Colonel Myron Birnbaum USAF U S Air Force Judiciary
Major Ramond K Bluhm U S Army Civil Affairs School Fort Bragg North Carolina
Professor James E Bond School of Law Washington amp Lee University
APPENDIX L
SPEAKERS AND VISITORS
TOPICPURPOSE OF VISIT
Oaims Administration Panel
Examination of a Psychiatrist
The Law of War - Applied to Weapons and Targets
Addressed Opening Exercises of the 54th Procurement Attorneys Course and the Third Procurement Attorneys Advanced Course conducted Advanced Class Seminar
Perspectives on Work Being Done on the Geneva Conventions of 1949
Family Counseling and Family Planning
Armed Services Correctional Program
U S Civil Affairs Current Developments
Internal Conflicts and Common Article 3
119
Captain Michael A Brodie JAGC Litigation Division OTJAG
Captain Clifford D Brooks JAGC Procurement Law Division OTJ AG
Dr Robert Brown Psychiatrist Charlottesville Virginia
Mr Thomas V Bryant Jr Office of the General Counsel Small Business Administration
Mrs Nancy Buc Assistant Director for Consumer
Education Bureau of Consumer Protection Federal Trade Commission
Mr Francis T Buckley Chief Counsel U S Army Missile Command Redstone Arsenal
Hon John A Busterud Deputy Assistant Secretary of Defense Washington D C
Hon J Fred B uzhard t General Counsel Department of Defense
Mr John Carey Partner Coudert Bros Law Firm New York
Major General J S Cheney USAF The Judge Advocate General U S Air Force
Evaluation and Settlement of Suits under the Federal Tort Claims Act and Federal Care Recovery Act The Federal Medical Care Recovery Act
Labor Standards in Government Contracts Special Interest Institutes
Family Law Panel
The 8(a) Subcontracting Program
Consumer Protection Panel
Weapons Systems Acquisition vs Procurement at Post Camp and Station Level
Environmental Quality
Addressed 1972 JAG Conference
Recent Developments in Human Rights
Conducted Advanced Oass Seminar
120
Dr Lawrence E Chermak Funding of Major Acquisitions Counsel for the Comptroller of the Navy Office of the General Counsel Department of the Navy
Colonel Jerry E Connor USAF Chief Legal Assistance Division OTJAG Department of the Air Force
LTC Albert A Covington JAGC Staff Judge Advocate Retraining Brigade Fort Riley Kansas
Mr Richard Cunningham Office of the General Counsel U S Army Corps of Engineers
Mr Gilbert Cuneo Partner Sellers Conner amp Cuneo Washington D C
Mr Overton A Currie Partner Smith Currie amp Hancock Atlanta Georgia
Mr Jerome J Curtis Jr Assistant Professor of Law Marshall-Wythe School of Law College of William and Mary
Hon William H Darden Chief Judge U S Court of Military Appeals
Hon Arno H Denecke Associate Justice Oregon Supreme Court
Mr Edwin Dosek Bureau of Consumer Protection Federal Trade Commission
Current Status and Future Plans for Pilot Legal Services Program
Retraining the Soldier
The Army What the Future Holds The Army An Impact Statement on the Effects of Environmental Law-The Lawyers View
Contractors View of Board of Contract Appeals
Contractors View of Performance Problems of Construction Contracts
Real Estate Transactions
Addressed JAGSO Units
Hearsay Hazards
Consumer Protection Panel
121
Mr Dolf Droge National Security Council Staff The White House
Mr Stanley Dubroff Chief Counsel Electronics Command Fort Monmouth New Jersey
LTC Joseph A Dudzik JAGC Procurement Law Division OTJAG
Hon Robert M Duncan Judge United States Court of Military Appeals
Major William G Eckhardt JAGC Chief Personnel Affairs Branch Litigation Division OTJ AG
Colonel John L Fellows Jr ARM Commanding Officer U S Army Garrison Presidio of San Francisco
Mr Allen Felts Oaims Training Director Eastern Regional Office State Farm Insurance Company
Mr Nicholas A Fidandis Commissioner Federal Mediation amp Conciliation Service
Colonel Zane E Finkelstein JAGC Office Chairman Joint Chiefs of Staff Department of Defense
Mr Lawrence D Gaughan Associate Professor of Law Washington amp Lee University School of Law
An Analysis of the Vietnam Situation
Practical Aspects of Contract Types and Negotiation Procurement EthiQs
Current Developments in Procurement Law
The Military Judge and the Court of Military Appeals
Helping a Commander Control his Installation Relationships Between DA and Department of Justice and Litigation Reports Panel
The Legal Problems of an Installation Commander
Insurance Company View on Claims Settlement
Impasse Mediation
Joint Chiefs of Staff On-Going Agreements
An Outline of the Civil Law System and Doctrine Civil Affairs in Combat The Israeli Experience
122
Captain Norman L Goldberg JAGC Military Personnel Law Team Administrative Law Division OTJAG
Colonel Viviano Gomez Jr JAGC Staff Judge Advocate U S Army Training Center Fort Ord California
Professor Gidon A G Gottlieb School of Law New York University
Captain Kenneth E Gray JAGC Office of the Staff Judge Advocate U S Army Training Center Infantry Fort Dix New Jersey
Air Vice Marshal Eric G Hall Pakistan Embassy Washington D C
Captain Andrew M Harkness JAGC Procurement Law Division OTJ AG
LTC R G Harmer British Embassy Washington D C
Mr Neal Harrison Director Classification Division U S Disciplinary Barracks Fort Leavenworth Kansas
Colonel Alton H Harvey JAGC Chief Criminal Law Division OTJAG
Mr Elliot Harwood Deputy Assistant Director Plans and Policy Office of Director of Defense Research and Development
Contemporary Problems in Personnel Separations
Conducted Advanced Class Seminar
National Implementation of the Laws of War
The Pilot Program-Present and Future
Distinguished Guest at the 21 st Advanced Oass Graduation
Labor Standards in Government Contracts
Liaison Visit
U S Disciplinary Barracks and Army-Air Force Clemency and Parole Board
Law Office Management
Weapons Systems Acquisition
123
LTG Joseph M Heiser Jr USA Deputy Chief of Staff for Logistics
MG Kenneth J Hodson USA Chief U S Army Legal Services Agency
LTG Harris W Hollis USA Chief Office of Reserve Components Department of the Army
Colonel Kenneth A Howard JAGC Chief Trial Judiciary OTJ AG
Captain Fred Huff JAGC Lands Office OTJAG
Hon Hadlai A Hull Assistant Secretary of Army for
Financial Management
Mr Michael R Jetter Internal Revenue Service Richmond Virginia
Mr Robert Johnson Harris Tuck Freasier amp Johnson Richmond Virginia
Mr Nathaniel Jones General Counsel NAACP New York New York
Professor Yale Kamisar School of Law University of Michigan
Professor Delmar Karlen School of Law New York University
Importance of Legal Officers in Logistics
Conducted Advanced Class Seminar 11th Military Judge Course Graduation
Addressed National Guard Conference
Records Reports and Administration Panel Sentencing General and Special Findings
Environment and Law
21 st Advanced Class Graduation Speech
Rent and Price Controls
A Plaintiffs Lawyer Looks at Torts Practice
Task Force on the Administration of Military Justice in the Armed Forces
Second Annual Kenneth J Hodson Lecture in Criminal Law
First Annual Edward H Young Lecture in Military Legal Education
124
Captain Elton J Keeley INF U S Army Civil Affairs School U S Army Institute for
Military Assistance Fort Bragg North Carolina
Colonel William R Kennedy USAF U S Air Force Judiciary
CW2 Dieter P Kohler U S Army Claims Service
Mr L David Korb Deputy Director Office of Labor-Management Relations U S Civil Service Commission
Captain Royce C Lamberth JAGC Litigation Division OTJAG
Hon Francis J Larkin Third District Court Milford Massachusetts
LTC Edward A Lassiter JAGC Assistant Chief Military Justice Division OTJAG
Mr Shao-chuan Leng Professor of Government and
Foreign Affairs University of Virginia
Captain Morris 1 Lent JAGC Deputy Staff Judge Advocate U S Army Engineer Center Fort Belvoir Virginia
Mr William Lessin Office of Directorate for Personnel
and Community Activities Fort Belvoir Virginia
U S Civil Affairs Orientation
Records Reports and Adninistration Panel
Claims Administration Panel
The Federal Labor-Management Relations Program Today
Military Personnel Law Litigation
Judicial Technique and Administration
Current OTJAG Military Justice Policies and Projects
Communist Law--Chinese Legal Principles
Legal Services Center Concept
Budgeting for a JA Office
125
Professor Richard B Lillich School of Law University of Virginia
Mr Ronald E Lunstrum Senior Corrections Specialist Department of the Navy
Major Eric Mackintosh Staff Officer MASSTER Project Fort Hood Texas
BG Clyde R Mann USMC Director Judge Advocate Division U S Marine Corps Washington D C
Dr Theodore C Marrs Deputy Assistant Secretary of Defense
for Reserve Affairs DOD Washington D C
Professor Daniel J Meador James Monroe Professor of Law University of Virginia
Mr Wayland Medley Technical Staff Economic Stabilization Board Internal Revenue Service Richmond Virginia
Mr Robert W Meserve President American Bar Association
Mr Travis Mills Assistant General Counsel U S Civil Service Commission
Humanitarian Intervention
Armed Services Correctional Program
Project MASSTER Orientation
Distinguished Guest at 21 st Advanced Class Graduation
Addressed JAG Reserve Conference
Discovery under the Federal Rules of Civil Procedure
Rent and Price Controls
Orientation Visit
The Role of the Government Attorney in the Civilian Personnel Process
126
Mr John Norton Moore Counselor on International Law Office of the Legal Advisor Department of State
Mr Anthony L Mondello General Counsel U S Civil Service Commission Washington D C
Hon Robert Morgan Attorney General North Carolina
LTC James A Mounts JAGC Chief Personnel Claims Division U S Army Claims Service
Professor Gerhard OW Mueller School of Law Criminal Law Education and
Research Center New York University
Hon Tim Murphy Judge of the Superior Court of the District of Columbia
Colonel Abraham Nemrow AUS (Ret) Clerk of the Army Court of
Military Review U S Army Judiciary
LTC James E Noble JAGC Chief Patents Division OTJAG
LTC Matthew B ODonnell JAGC Defense Appellate Division OTJAG
Colonel Oliver E 0 Kier MPC Commandant U S Disciplinary Barracks Fort Leavenworth Kansas
The Use of Force in U S Foreign Policy
Civil Service Commission
Addressed JAG Conference
Personnel Claims Act A Modern Approach
Alternatives to Imprisonment
The Sentencing Function of the Trial Judge
Pretrial Advice and Common Errors Post Trial Review and Common Errors Administrative Errors in Records of Trial
Patents and Technical Data
Military Justice and Race Relations
Corrections and Rehabilitation in the Army Panel
127
MG Harold E Parker USA The Assistant Judge Advocate General
Major Theodore B Paterson U S Army Correctional Training
Facility Fort Riley Kansas
Captain B Raymond Perkins USNR Officer in Charge U S Navy-Marine Corps Judiciary
Activity OTJ AG Department of the Navy
Mr C Norman Poirier Deputy General Counsel Commission on Government
Procurement
Mr Herman L Pollock Executive Director Public Defender Project Supreme Court of Pennsylvania
Mr S J Pomrenze Chief Office Management Division Administrative Services Directorate OT AG Department of the Army
LTC Robert W Poydasheff JAGC Chief Civilian Personnel Law Division OTJ AG
MG George S Prugh USA The Judge Advocate General Department of the Army
Mr Rouhollah K Ramazani Professor of Government and
Foreign Affairs University of Virginia
Addressed Graduation Exercises of the 65th 66th 67th and 68th Basic Classes Conducted Advanced Class Seminar
Armed Services Correctional Program
Records Reports and Administration Panel Relationship of Counsel Decorum and Judicial Responsibilities
Government Procurement Commission Report
Functions of Defense Counsel
The Current and Future Status of the Army Records Management Program
Civilian Personnel Law and Labor-Management Relations
Conducted Advanced Class Seminar
Traditional Law and Foreign Influences in the Islamic World
128
MG Lloyd B Ramsey USA The Provost Marshal General
LTC Philip N Reed INF U S Army Civil Affairs School U S Army Institute for
Military Assistance Fort Bragg North Carolina
RADM Horace B Robertson Jr JAGC USN
Deputy Judge Advocate General of the Navy
Captain John H Rodgers JAGC Office of the Staff Judge Advocate Office of the Surgeon General
Mr Joseph H Rouse U S Army Claims Service
Dr Jesse G Rub in President Psychiatric Institute Foundation Washington D C
Professor Helmut Rumpf Office of the Legal Advisor Foreign Office Federal Republic of Germany
Captain Nicholas Sabalos USN Office of the Director J oint Staff Joint Chiefs of Staff
Mr Harry M Saragovitz Assistant General Counsel Army Materiel Command
Mr Arpiar Saund ers Attorney National Prison Project Washington D C
Addressed the 21st Advanced Class
U S Civil Affairs Orientation
U S Navy Military Judge
Family Planning Panel
Federal Tort Claims Act Injury Evaluation
Psychiatric Evaluations
Mutual Collective Security of United States and Germany
Joint Chiefs of Staff On-Going Agreements Military Implementation of the Law of War
Weapons Systems Acquisition and Technical Data
Prisoners I Rights
129
Mr John Schulz Editor-in -Chief Military Law Reporter The Public Law Education Institute Washington D C
Major David H D Selwood Deputy Assistant Director of
Army Legal Services Ministry of Defence United Kingdom
Mr Thomas Sheck ells Manager of Federal Agreements Environmental Protection Agency
Mr Paul Shnitzer Office of the Comptroller General
Colonel James E Simon JAGC Staff Judge Advocate U S Army Training Center Fort Dix New Jersey
Mr Curtis Smothers Acting Deputy Assistant Secretary
of Defense for Equal Opportunity
Mr Richard C Solibakke Chairman Armed Services Board of
Contract Appeals Department of Defense
Mrs Goody L Solomon Executive Editor Office of Consumer Services Department of Health Education
and Welfare
Outsiders View of Military Litigation
Northern Ireland Situation
Environmental Law
Problems in Award of Negotiated Contracts
Conducted Advanced Class Seminar
Race Relations Consideration of onshygoing Defense and Army Educational Programs to Improve Race Relations and the use of Off-Post sanctions in CONUS and Overseas
Contract Claims and Litigation Boards of Contract Appeals
Consumer Protection Panel
130
Mr Michael R Sonnenreich Deputy Chief Counsel Bureau of Narcotics and Dangerous Drugs Department of Justice
Mr William H Speck Associate Counsel Naval Facilities Engineering Command
Mr Richard E Speidel Henry L and Grace Doherty
Professor of Law University of Virginia
RADM Merlin H Staring USN The Judge Advocate General U S Navy
Mr Jack Stempler General Counsel Department of the Air Force
Major Frank Stone International Affairs Division OTJAG
Mr John H Sud a Assistant Corporation Counsel Government of the
District of Columbia
Mr Paul Summers Trust Officer Citizens Bank amp Trust Company Charlottesville Virginia
Major William K Suter JAGC Assistant for Plans Personnel Plans amp Training Office OTJAG
Colonel Warren L Taylor JAGC SJ A Fifth United States Army Fort Sam Houston Texas
Drug Abuse Control
The Governments Perspective Concerning Construction Contract Performance Problems
Role of the GAO in the Bid Protest Procedure
Cond ucted Ad vanced Gass Seminar
Orientation Visit
The Status of Military Forces in Japan Korea and Germany
Motion Practice under the Federal Rules of Civil Proced ure
Investment Counseling
Plans Programs and Training
Conducted Advanced Class Seminar
131
Colonel Joseph N Tenhet Jr JAGC Special Assistant to TJAG OTJAG
Mr Charles Terry Attorney at Law Morristown Tennessee
LTC James F Thornton Jr JAGC Staff Judge Advocate U S Army Garrison Fort Campbell Kentucky
Rev David Turner Pastor St Marks Lutheran Church Charlottesville Virginia
Dean George A Van Hoomissen National College of District Attorneys University of Houston
Mr Paul B Walter School of Law University of Virginia
Captain John Whalen JAGC U S Army Claims Service
Colonel Frederick Bernays Wiener AUS (Ret)
Washington D C
BG Lawrence H Williams USA Assistant Judge Advocate General
for Military Law
Mr Raymond 1 Williams Executive Secretary Army Board for Correction of
Military Records
Final J A Operations in Vietnam
Anatomy of a Trial
Conducted Advanced Class Seminar
Family Law Panel
Functions of Prosecution
Understanding your Client
Federal Tort Claims Act Injury Evaluation
Some Historical Aspects of Military Law
Conducted Advanced Class Seminar
Policies and Procedures of the Army Board for the Correction of Military Records
132
Colonel Wade H Williamson JAGC Chief Administrative Law Division OTJAG
Mr Adelbert K Wnorowski Raphael amp Wnorowski Amsterdam New York
Dr Nathan Wolkomir President National Federation of Federal Employees
Colonel John A Zalonis JAGC Chief Legal Assistance Office OTJAG
Current Problems in the Personnel Area
Grievances and Arbitration
Union Viewpoint of the Federal Labor-Management Relations Program
Update on Current Status and Future Plans for the Pilot Legal Services Program
133
APPENDIX M
ARTICLES BY STAFF AND FACULTY MEMBERS
Colonel John Jay Douglass High Command Case A Study in Staff and Command Responsibility The International Lawyer Vol 6 No4 (Oct 1972)
Lieutenant Colonel John L Costello Book Review Great Court-Martials 59 Military Law Review 233 (1973)
Major James R Coker Book Review The International Law of Civil War 59 Military Law Review 239 (1973)
Major James R Coker Book Review The Death of the Army-A Pre-Mortem Fordham Law Review
Major James R Coker The Status of Visiting Military Forces in Europe A Treatise on International Criminal Law (Bassiouni amp Nanda Ed) Vol II (CCThomas Illinois 1973)
Major James A Endicott Jr New Approach to Military Law Instruction 738 Army ROTC Education Commentary lA (1973)
Major James A Endicott Jr Decision Making and the Court-Martial Cases 45 The Judge Advocate Journal (1973)
Major James A Endicott Jr Claims Against the United States 9 Law Notes 17 (1972)
Major Francis A Gilligan Issues Raised by Military Warrants The Army Lawyer Vol 2 No 8 (August 1972)
Major Francis A Gilligan Inspections The Army Lawyer Vol 2 No 11 (November 1972)
Major Francis A Gilligan Eyewitness Identification 58 Military Law Review 183 (1972)
Major Francis A Gilligan Probable Cause and the Informer 60 Military Law Review 1 (1973)
Major J J McGowan Sr SJA Spotlight--Iran The Army Lawyer Vol 2 No 10 (Oct 1972)
135
Major Paul Jackson Rice Military Dissent The Army Lawyer Vol 3 No2 (Feb 1973)
Captain Bernard R Adams Eminent Domain Police Power and Urban Renewal Compensation for Interim Depreciation in Land Values 7 Georgia Law Review 226 (Winter 1973)
Captain Stephen L Buescher The Court of Military Appeals A Survey 59 Military Law Review 129 (1973)
Captain Edward J Imwinkelried The New Federal Rules of Evidence The Army Lawyer Vol 3 No4 (April 1973)
Captain Edward J Imwinkelried The New Federal Rules of Evidence Part II The Army Lawyer Vol 3 No5 (May 1973)
Captain Jack F Lane Jr The Undesirable Discharge--Administrative Tool or Back-Door Court Army Vol 22 No 11 (Nov 1972)
Captain Jack F Lane Jr Classification Promotion and Racial Discrimination The Army Lawyer Vol 3 No5 (May 1973)
Captain Jordan 1 Paust My Laiand Vietnam Norms Myths and Leader Responsibility 57 Military Law Review 99 (1972)
Captain Jordan 1 Paust Law in a Guerrilla Conflict Myths Norms and Human Rights III Israel Yearbook
Captain Jordan J Paust The Nuclear Decision in WWII Trumans Ending and Avoidance of War International Lawyer (1974)
Captain Jordan 1 Paust Comment on Command Responsibility 25 Naval War College Review (Jan-Feb 1973)
Captain Jordan J Paust Human Rights Human Relations and Overseas Command The Army Lawyer Vol 3 No I (Jan 1973)
Captain Donald N Zillman In-Service Conscientious Objection 10 San Diego Law Review (1973)
Captain Donald N Zillman The Court of Military Appeals A Survey 59 Military Law Review 129 (1973)
136
Captain Donald N Zillman Armed Services the 5th Circuit 21 Mercer Law Review (1972)
Captain Donald N Zillman Recent Development Environmental Law 57 Military Law Review 203 (1972)
Captain Donald N Zillman Involuntary Activation of Reservists The Army Lawyer Vol 2 No 10 (Oct 1972)
137
APPENDIX N
VISITS TO RESERVE UNITS - FY 1973
I JAG DETACHMENTS
9th Cleveland Ohio 7 Feb 1973 213th Atlanta Georgia 17 Feb 1973 155th 42d Pitt sburgh Pennsylvania 19 Feb 1973 153 157th Philadelphia Pennsylvania 20 Feb 1973 10th Washington D C 21 Feb 1973 3d Boston Massachusetts 22 Feb 1973 12th Columbia South Carolina 23 Feb 1973 78th Los Angeles California 27 Feb 1973 20th Dallas Texas 28 Feb 1973 173d Birmingham Alabama 2 Mar 1973 8th Kansas City Kansas 5 Mar 1973 139th Cincinnati Ohio 6 Mar 1973 148th Columbus Ohio 7 Mar 1973 4th New York New York 8 Mar 1973 7th Chicago Illinois 10 Mar 1973 81 st San Diego California 14 Apr 1973 I 20th Denver Colorado 28 Apr 1973 2d New Orleans Louisiana 30 Apr 1973 9th Cleveland Ohio I May 1973 106th Detroit Michigan 2 May 1973 162d Richmond Virginia 6 May 1973
II USAR SCHOOLS
(Visits required by Annex AL CON Reg 350-1)
Richmond USAR School 29 May 1973 Norfolk USAR School 19 May 1973
139
III J1l
Miami USJR School Phase II BOJC
South Charleston USJR School
Seattle USJR School 99th JJG Detachment l62d JJG Detachment
121 st JJG Detachment 20th JJG Detachment 2l0th JJG Detachment
89th JJG Detachment l73d JJG Detachment l55th JJG Detachment
35th JJG Detachment
Livonia USJR School
Hattiesburg Mississippi
Fort Ritchie Maryland
Reno Nevada Joliet Msenal Illinois HQ Electronics Command
Fort Monmouth N J Redstone Msenal Jlabama Rock Island Jrsenal Illinois White Sands Missile Range
New Mexico Fort Huachuca Mizona Huntsville Jlabama MllMllS Brooklyn and MllMllS
Bayonne llerminal Jviation Systems Command
St Louis Missouri DePere Wisconsin
18-20 Jul 1972
6-7 Jug 1972
8-9 Jug 1972 18 Jan 1973 7-8 Mar 1973
25 Jpr 1973 7 May 1973 16 May 1973
17 May 1973 18 May 1973 21-22 May 1973
7-8 Jun 1973
17-18 Jun 1973
140
APPENDIX 0
LECTURES GIVEN OUTSIDE TJAGSA
COL John Jay Douglass Chaplains School Fort Hamilton New York
COL John Jay Douglass Fort Gordon Georgia
COL John Jay Douglass Richmond Virginia Chapter of The Military Order of the World Wars
COL John Jay Douglass Defense Information School Fort Benjamin Harrison Ind
COL John Jay Douglass Finance School Fort Benjamin Harrison Ind
COL John Jay Douglass Naval Justice Seminar Coronado Beach California
COL John Jay Douglass Sergeants Major Academy Fort Bliss Texas
LTC David A Fontanella Ft McClellan Alabama
LTC David A Fontanella Ft Benning Georgia
LTC David A Fontanella Ft Rucker Alabama
FISCAL YEAR 1973
Civil Law Problems and the Chaplain
Presented Opening Remarks to Phase 1shy67th Basic Class
Military Law Today
The Serviceman and the Bill of Rights
Current Developments in Military Law
TJ AGSA and the Training of J AGC Reserves
Military Justice
Civil Law Update
Civil Law Update
Civil Law Update
141
LTC David A Fontanella Army and Air Force Senior ROTC Gasses University of Virginia Charlottesville Virginia
LTC David A Fontanella Chaplains School Ft Hamilton New York
LTC David A Fontanella U S Army War College Carlisle Barracks Pa
LTC David A Fontanella U S Army War College Carlisle Barracks Pa
LTC David A Fontanella U S Army War College Carlisle Barracks Pa
LTC David A Fontanella U S Army War College Carlisle Barracks Pa
MAJ James R Coker Fort Lee Virginia
MAJ James R Coker Fort Bragg North Carolina
MAJ James R Coker USAIMA Fort Bragg North Carolina
MAJ James R Coker Staunton Military Academy Staunton Virginia
MAJ James R Coker Valley Forge Pennsylvania
Military Personnel Law
Military Personnel Law
Challenges to Command
Military Personnel Law
Gairns and Litigation
Challenges to Command
The Law of War in Modern Armed Conflict
The MAAG Mission and the Law of War
Law of War and CivilMilitary Operations
Introduction to the Laws of WaI
The Rule of Law in Warfare
142
MAJ Francis A Gilligan Army War College Carlisle Barracks Pa
Constitutional Rights and Article 15
MAJ Nancy A Hunter Hofstra University and Law School Hempstead New York
bull Women in the Military
MAJ Jack F Lane Jr Army and Air Force Senior ROTC Classes University of Virginia Charlo ttesviIle Virginia
Boards of Officers and Administrative Law
MAJ James J McGowan Fort Eustis Virginia
Law of Modern Armed Conflict
MAJ Fort
James 1 McGowan Eustis Virginia
The Law of War in Modern Armed Conflict
MAJ Paul J Rice Washburn University of Topeka School of Law Topeka Kansas
JAGC Orientation
MAJ Paul J Rice University of Kansas School of Law Lawrence Kanssa
JAGC Orientation
MAJ Paul J Rice University of MissourishyKansas City School of Law Kansas City Missouri
JAGC Orientation
MAJ Paul 1 Rice University of Missouri-shyColumbia School of Law Columbia Missouri
JAGC Orientation
MAJ Paul J Rice St Louis University School of Law St Louis Missouri
JAGC Orientation
143
MAJ Paul J Rice Washington University School of Law St Louis Missouri
MAJ Paul J Rice Pre-Law Advisors from the State of Virginia University of Virginia Charlottesville Virginia
MAJ Paul J Rice U S Army War College Carlisle Barracks Pa
CPT Bernard R Adams Army Reserve Unit Cherry Avenue Charlottesville Virginia
CPT Ronald C Griffin Rutgers University Camden New Jersey
CPT Ronald C Griffin University of Oregon Eugene Oregon
CPT Jan Horbaly Army ROTC University of Virginia Charlottesville Virginia
CPT Jan Horbaly Reserve CampGS Training Charlottesville Virginia
CPT Edward J Imwinkelried Army ROTC University of Virginia Charlottesville Virginia
CPT W H Parks USMC NROTC University of Virginia Charlottesville Virginia
JAGC Orientation
Career Opportunities in the JAG Corps
Military Installations and the Authority of the Commander
Drug Abuse Control
Civil Rights in the Military
Consumer Protection The Soldiers and Sailors Civil Relief Act
Introduction to Military Justice
Introduction to Military Justice
Article 15
Introduction to Military Justice
144
Section 2
Office of the Commandant
The Commandant is the Commander of The Judge Advocate Generals School
U S Army a field oper~lting agency of the Office of the Judge Adv0Cltc Gencnl He
is responsible for the accomplishment of the mission of the School which includes the
personnel and logistic support functions undertaken at the School by assigned personnel
The Commandant exercises special court-martial jurisdiction He is in effect a law school dean a post commander a law book editor and publisher a research director and the
career management ~lIId training officer for all JAGC reservists
During the year the Schools second academic chair was established in honor of
the first Commandant of The Judge Advocate Generals School who served as such during
both World War II and the Korean conflict The Colonel Edward H Ham Young Chair
C()L bzlau H YOInu ([Smiddotl f~ct i
slwakillg dt (cdicution cercllOnics for tlC LcUdrd H Hmz YOIng ClUlir of Iilitdrv poundo((u ilcation
3
of Military Legal Education is occupied by Colonel John Jay Douglass Commandant of the School Each honorary chair established at the School is associated with an annual lecture of the same name the first Edward H Young lecture was presented by Delmar Karlen of the Institute of Judicial Administration New York
Prof Delmar Karlen
COL Douglass and Mrs Towsey
4
Section 3
Reorganization of the School
In February 1973 the School underwent its first major reorganization since 1956 While this coincided with a major Army reorganization the main purpose of the School reorganization was to divide School missions along functional lines among the various departments Highlights of the reorganizations are
(I) Office of the Commandant The new position of Assistant Commandant for Reserve Affairs and Special Projects was created to provide policy control for the JAGC Reserve program on behalf of The Judge Advocate General of the Army Responsibilities include training management for J AGC units personnel management at the Department of the Army level and coordination of the training of individual JAGC Reserve component members This office replaces and expands on the former Reserve Affairs Department with certain operating functions transferred to the Academic Department
(2) Academic Department The Academic Department retains its former functions with the addition of an Office of Nonresident Instruction The Office of Nonresident Instruction oversees on behalf of the Director the Schools responsibilities for U S Army Reserve Schools correspondence courses ROTC instructional materials military law instruction at other service schools instruction in military law in Army units and the newly assigned mission on-site instruction for J AGC officers in Reserve component units The current faculty augmented by six new members will present the on-site instruction
(3) Development Doctrine and Literature Department This Department performs the newly assigned combat development mission (acquired upon the abolition of the Judge Advocate Agency Combat Developments Command) and continues certain functions of the former Plans and Publications Department Included in the mission of the new Department is the publication of the Military Law Review The Army Lawyer and the Judge Advocate Legal Service Two new positions were created for Combat Development and for Professional Development and Liaison The latter position has the responsibility for liaison with the American Bar Association the Federal Bar Association the Judge Advocates Association and other bar goups throughout the United States
(4) Office of the School Secretary All administrative and logistical support functions have been placed in the Office of the School Secretary In addition to the existing functions of personnel management (Adjutant) services and logistics there has been added
5
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Section 4
Board of Visitors
A Board of Visitors has been appointed pursuant to Executive Order No 11007 and AR 15-1 to insure that the high standards of the School are maintained and to assist in the determination of areas requiring improvement The Board composed of leading civilian practitioners and legal ed Llcators examines the varied operations of the School and sums up its findings with criticisms and recommendations in a report submitted at the end of its inspection During the past year Colonel Van Benschoten was made an honorary member of the Board and Mr Richard E Wiley was appointed as a regular member
The Board met as a group from 10 to 13 April 1973 and re-elected Colonel Deutsch as its Chairman Colonel Deutsch Colonel Van Benschoten Colonel Finger Professor McDougal Professor Reed and Commissioner Wiley were present and undertook an inspection of the School Colonel Benjamin HO Schleider Jr J AGC USAR an attorney in Houston Texas served as the Recorder
Briefing of Board of Visitors
7
Eberhard P Deutsch Attorney at Law arid senior partner of the law firm of Deutsch Kerrigan and Stiles New Orleans Louisiana Editor-in-Chief of the American Bar Association publication The International Lawyer Colonel United States Army Reserve (Retired) and Civilian Aide to the Secretary of the Army from Louisiana
John H Finger Attorney (It Law San Francisco Califorllia and senior partner of the law finn of Finger Brown and Abramson past president of the California Bar Association Colonel United States Army Reserve (Retired) the JlI dge Advocate Generals Corps
Myres S McDougal Sterling Professor of Law The Yale Law School New Haven Connecticllt former president of the Association of American Law Schools
8
Honorable Alfred P Murrah Director Federal judicial Center Senior jude and former Chief judge 10th Circuit US Court of Appeals
john W Reed Ann Arbor Jvlichigan Professor of Law The University of Michigan Law School and Wayne State University Law School Director The Institute of Continuing Legal Education former Dean of the University of Colorado School of Law
Honorable Richard E Wiley Commissioner Federal Communications Commission former General Counsel Federal Communications Commission former Chairman of the Young Lawyers Section of the American Bar Association former partner in the firm of Burditt and Calkins Chicago Illinois former Captain in the judge Advocate Generals Corps US Army
9
Birney M Van Benschoten Attorney at Law New York City General Counsel for American Overseas Petoleum Ltd [Caltex Group J Colonel United States Army Reserve (Retired) the Judge Advocate Generals Corps Honorary Member of Board of Visitors
Following its visit the Board submitted its report containing the following comments and conclusions
a The Board was highly impressed with the efficient organization of the School The Commandant of the School is a highly energetic well-motivated and farsighted educational leader who without question has a high degree of cooperation and support at all levels of the staff and faculty The School is a credit to the Corps
b The Board believes it is an important role of the School to continue its present practice of constantly reviewing its curriculum and objectives Of necessity some of the educational missions of the School must be concerned with how-to-do-it courses and as is recognized by the School it is also important to have an academic environme1t to give it the quality of graduate-type curriculum
c It is believed by a majority of the Board that continued use of the thesis program is an important element in furthering the balance of practical instruction and purely academic thinking Consideration should be given to reorienting the thesis program toward longer range problems that may confront the military legal profession in the future rather than present problems
d The objective of increasing the variety of elective courses of students in the Advanced Course is highly desirable and should be continued and expanded to the extent feasible
e A specific compliment must be paid to the Librarian of the School for her diligent work in the cataloging and development of the acquisition plan of the Library Tremendous improvement has been seen in this one area and a tremendous amount of obvious hard work should not go unnoticed
10
Section 5
Allied Officer Program
Allied Officer Students During Fiscal Year 1973 the Judge Advocate Generals School was privileged to have as students in the 21 st Advanced Course and the 66th Basic Course allied officers from the United Kingdom Iran Jordan Pakistan and the Philippines See Appendix C
The Allied Officers received the same instruction took the same examinations and submitted written papers and theses as did their American colleagues These requirements indicate the high level of fluency in both the written and spoken aspects of the English language that these officers had achieved prior to their arrival at the School
During their stay the Allied Officers were escorted on tours of Jamestown Williamsburg and Norfolk In addition Allied Officers attending the 21 st Advanced Course
COL Fillton with LTC Ridao of the Philippines Squadron Leader Anwar of Pakistan and ivlA] Tehrali
of [ran Members of the 21st Advanced Class
1 I
Mrs Tehrani assists COL Douglass in Promoting MAJ Tehrani
Dean Monrad C Paulsen of UVA Law School visits with LTG Modares and MC Behzadi
12
wcrl cscorted on a DCSOPS Orientation Tour
or Washington DC for a one-week period
illlied Officer Gua dUC Visits On
2 November 1972 the annual banquet
honoring the Allied Officers was held at the
Monticello Hotel Distinguished guests
included The Judge Advocate General
LTG Modares Chief of the Iranian Judicial
Department and MC Behzadi Prosecutor
Ceneral Imperial Iranian Armed Forces
Other distinguished allied officers were
gucsts of the School for orientation visits
during the period covered by this report See
Appendix L
IvJAj Selwood (UK) 66th Basic Class
Allied Officer Gala
13
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Section 6
Interagency Education
The School continued this year to provide legal education to personnel from the other services and agencies within the Federal Government During the year our courses were attended by 48 Navy and Marine Corps officers 49 Air Force officers and 138 civilian employees of the Government from the Department of the Interior NASA the Atomic Energy Commission the U S Postal Service GSA FAA U S Water Resources Council the Department of Transportation GAO NSA the Department of Agriculture SBA ACTION USIA and the Army-Air Force Exchange System Our Basic Course provides the introduction to service oriented law for all of the Coast Guard legal officers and we provide a source of further education for the Coast Guard with our specialized programs
Coast Guard Officers and their Ladies at Basic class Reception
15
Captain William H Parks USMC a member of this years 21st Advanced Oass will be remaining at the School to join our faculty in the international and criminal law fields
Throughout the year the exchange of ideas methods and experience which was made possible by the inter-agency utilization of the School has been of immense value to all of the personnel and organizations involved
Representing the Women Attorneys in Uniform at T]AGSA
LT Dufford user (Basic class) CPT Casper USA (Basic Class) CPT Plaut USA (Basic Class) MA] Hunter USA (Faculty)
CPT Albertson USMC (Adv Class)
CMDR Cassani USCG Presents Basic class Diploma to LT Winona G Dufford USCG
CPT William H Parks US Marine Corps Representative on T]AGSA Faculty Teaching a class
in International Law
16
CHAPTER II
ACADEMIC DEPARTMENT
Section 1
Function and Organization
The Academic Department develops and conducts the Schools instruction for judge advocates in the active forces and Reserve Components Resident courses include the Judge Advocate Officer Basic Course an introductory course in military law for judge advocates initially entering active service and the Judge Advocate Officer Advanced Course which provides an academic year of graduate level study in military law and related fields During the year the department presents several specialized continuing legal education courses ranging from one to three weeks in length These include courses in military justice procurement law international law military personnel and administrative law law relating to military installations legal assistance claims litigation and environmental law Federal civilian employee law and a military judge course designed to qualify judges for the military judiciary The student body includes active duty and Reserve Component judge advocates of the Army Navy Air Force Marine Corps and Coast Guard civilian attorneys employed by the Federal Government and judge advocates from foreign countries The department also offers courses for warrant officer legal administrative technicians and enlisted legal clerks such as a Law Office Management Course the Noncommissioned Officer Educational System (NCOES) Advanced Course and courses for the training of paralegal assistants for military lawyers A three-day Senior Officers Legal Orientation is presented to brigade and installation commanders and other senior line officers In addition the department is responsible for all COL William S Fulton Jr of the Schools nonresident instruction Director Acade mic Department
17
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including the preparation and administration of extension courses the preparation of training material for judge advocates attending United States Army Reserve Schools or serving in Reserve Component units and the presentation of on-site instruction to Reserve Component unit judge advocates at their home stations
During the Fiscal Year 1973 36 resident courses were conducted with 1268 students in attendance Of the 998 Army officers attending courses 783 were active duty
LTC David A Fontanella Chief Civil Law Division
personnel and the remaining were reserve component officers Courses conducted during Fiscal Year 1973 appear at Appendix D Courses scheduled to be conducted during Fiscal Year 1974 are set forth in Appendix E
The official source of infonnation concerning courses of instruction at all Army service schools including The Judge Advocate
LTC Hugh R Overholt Chief Criminal Law Division
Generals School is the US Army Formal Schools Catalog (Department of the Army Pamphlet 350-10) That catalog provides detailed information for staff officers commanders and personnel officers who are concerned with the selection of individuals for school attendance for commissioned officers both active and reserve of the armed forces and all civilian employees of the Government who are interested in attending particular courses and for others who may MAl James R Coker wish to acquaint themselves with the Armys Cllie ICL Division
19
training opportunities In addition Army regulations govern related matters such as attendance by military personnel from foreign countries Quotas for the courses mentioned above except for the Military Judge Course and the Warrant Officers Course may be obtained through usual command channels Quotas for the Military Judge Course are controlled by the U S Army Judiciary in Washington DC Particular inquiries concerning quotas may be addressed to the Commandant The Judge Advocate Generals School US Army Charlottesville Virginia 22901
The organization of the department includes Civil Law Criminal Law International and Comparative Law and Procurement Law Divisions The School is fortunate to have a highly qualified and exceptionally well-motivated faculty The average tenure of the faculty member is three years with an absolute minimum of two full academic years The majority of the faculty has had graduate legal training with some members of the faculty having graduate training in other disciplines An important adjunct member of the faculty is the Schools Educational Advisor Dr John Sanderson Assistant Dean University of Virginia School of Education Dr Sanderson serves as a consultant on a variety of educational problems at the School with primary emphasis on methods of testing and teaching
A Deputy Director for Nonresident Instruction will coordinate Department efforts in the area of military legal instruction for ROTC in other service schools and in the USAR schools He will also coordinate and administer the Schools extension correspondence course program The on-site instruction program will be administered by the Deputy Director for Nonresident Instruction in coordination with the Assistant Commandant for Reserve Affairs
MAJ Richard E Mowry Dr Jolm A Sandcrsoll Chief Procurement Law Division Edlcati01lal Advisor
20
Section 2
Judge Advocate Officer Advanced Course
GClZcral This course offers an academic year of graduate study in all areas of military legal practice Highly qualified judge advocates of the Armed Forces of the United States and allied nations are selected to attend
The Advanced Course is designed to provide an opportunity for experienced judge advocates to renew the study of legal principles in an academic atmosphere The students are encouraged to apply modern legal theory to the problems arising in military settings thus preparing them to be more effective legal advisors to high-level military commanders and to assume positions of substantive responsibility in the offices of The Judge Advocates General
All students take the core curriculum of the four disciplines presented at the ScJh)ol--criminal law civil law international law and procurement law Supplementing
An Afternoon with a General Officer NIG Prugh in an informal seminar with members of Advanced Class
21
the core curriculum are electives presented by the University of Virginia and by the School
Successful completion of the course requires submission of a thesis of graduate level quality which makes a substantial contribution to military legal scholarship A thesis evaluation committee composed of the thesis advisor guest member and School representative grade each paper hear the oral presentation of the thesis by the student and examine the student orally following his presentation Thesis topics and scope notes of members of the 21 st Advanced Class may be found in Appendix F Guest members of the thesis evaluation committees are listed in Appendix G
Additional features of the Advanced Course include the newly instituted program of afternoon discussions with general officer judge advocates and practicing field staff judge advocates and full participation in the Schools conference programs The Advanced Class students have the opportunity to see international law and diplomacy in action when they travel to New York City for a visit at the United Nations During the three-day tour the class receives detailed briefings from the United States United Nations and foreign diplomats and legal advisors The students are given a complete tour of the UN Headquarters A trip to Washington D C provides class members an opportunity to be admitted to practice before the Supreme Court of the United States visit congressional hearings observe proceedings of administrative agencies and receive an orientation at the US Army Judiciary where class members may be admitted to the bar of the US Army Court of Military Review
S PRESENTED BY 21ST ADVANCED CLASS
1972-73
Plltlquc Syilluoliilli2 the 21st Advanced Class Gift of
Trees for Courtyard of NcUJ JAG School Building
22
Shortly after locating at the University of Virginia the quality of The Judge Advocate Generals School Advanced Course Program was brought to the attention of the American Bar Association A detailed inspection of the School by ABA represen ta tives was concl ucted anel 0 n 22 February 1955 the School was accredited by the ABA and its Advanced Course deemed worthy of the Master of Laws degree This accreditation was reaffirmed after a three-day inspection of the JAG School in March 1971
The 21st Advanced Class began on
28 August 1972 with 43 students 111 LTC Loftus Class Leader attendance 35 US Army Judge Advocates 1 US Navy Judge Advocate 4 US Marine Corps Judge Advocates 1 officer from Pakistan 1 officer from the Philippines and I officer from Iran The class was graduated on 1 June 1973 A list of the graduates is contained in Appendix H and the academic awards are noted in Appendix I
Han Hadlai A Hull Assistant Secretary of the Army
(Financial Managernellt) Graduation Speaker for 21 st Adlanceci Class
23
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Coursc Structurc The FY 73 Advanced Course was conducted in two semesters as follows (bracketed numbers following course titles refer to number of semester credit hours granted for that course eg [4 J)
REQUIRED COURSES - FIRST SEMESTER
GOVERNMENT CONTRACT LAW I [3]
The course deals with general principles of government contract law the role of the judge advocate in the procurement process the appropriations process procurement methods contract types and modifications Attention is also given to cost principles and truth-in-negotiations as well as socio-economic policies
CRIMINAL LAW I [2]
This course focuses on the criminal process to include initiation of processjudicial responsibilities of the commander parties to the proceedings trial processes and the appellate process Problems in jurisdiction pretrial confinement trial publicity and professional responsibilities are also considered in roundtable discussions
MILITARY AND CIVILIAN PERSONNEL LAW [2]
A survey of military personnel law civilian personnel law and labor-management relations with emphasis on policy considerations and the lawyers role Special attention is given to legislation personnel affairs litigation conflicts of interest and release of information
INTERNATIONAL LAW I [2]
A basic outline of the rules of public international law as a system or tool used by nations to control guide clarify and proceduralize the relations between nations traditional and contemporary views of international law the state international and regional organizations associations and individuals as participants in the system how decision-making authority is allocated in the system on the basis of jurisdiction and municipal law and peaceful means of dispute resolution concentrating on types of international agreements
MILITARY ORGANIZATION AND OPERATIONS [2J
The organization of the Department of Defense and the Department of the Army to include the organizations missions functions and inter-relationships of DOD Army staffs and major commands and agencies the organization and command structure of an
25
overseas theater of operations to include the command relationships in joint and combined commands and the territorial organization of the theater of operations
REQUIRED COURSES -- SECOND SEMESTER
CRIMINAL LAW II [3]
The course covers constitutional criminal problems trends and developments under the Manual for Courts-Martial United States 1969 (Rev ed) and the Fourth Fifth Sixth and Eighth Amendments Consideration of the law of crimes drugs and affirmative defenses is followed by discussion of wiretapping custodial interrogation psychiatric evidence and search and seizure The course includes discussion of corrections and extraordinary relief
LEGAL PROBLEMS OF COMMAND [2]
A survey of the law of military reservations (jurisdiction and conflicts of law) regulatory law civil rights and management (manpower and fiscal) Special emphasis is given to race relations environmental law dissent command authority and control of military installations
GOVERNMENT CONTRACT LAW II [2]
This course is a continuation of Government Contract Law I It focuses on contract administration covering such areas as contract terminations inspection acceptance and warranties and disputes and remedies Attention is also directed to nonappropriated funds off-shore procurement and service contracts
MANAGEMENT FOR MILITARY LAWYERS [2]
Manpower management includes discussion of manpower vouchers staffing guides preparation of Schedule Xs modification of TDAs the relationship between spaces dollars and position delineation Fiscal management emphasizes the fiscal process of budget programming execution and review at the installation level Personnel management stresses the hehavioral science approach to management of people including job enrichment and motivation theories of organizational psychology The military lawyer analyzes his own management style with Blakes Managerial Grid and measures his ability to understand and motivate subordinates
INTERNATIONAL LAW II [2]
A study of the involvement and interrelation of nations through the concepts of
26
self-defense intervention human rights and various types of warfare A detailed examination of the laws of warfare concentrating on land warfare but including sea and air warfare the reporting handling and processing of violations of the law of war by national and international agencies and Geneva Convention training and the role of the military lawyer in implementing the rules of the Law of War
IiLc[rVE COURSES -- FIRST SEMESTER
FEDERAL CLAIMS AND LITIGATIGN (I credit)
A study of the procedure and basis for
the acijuciiciation payment and collection of claims by the United States with emphasis on the Federal Tort Claims Act Military Claims Act and claims in favor of the United States under the Federal Claims Collection Act and the Medical Care Recovery Act Actual claims problems and their resolutions stressing litigation and court decisions will highlight
the growing importance of claims administration 1I1 the field Future responsibilities of the judge ldvocate will be outlined in a treatment of the Federal litigative process with discussion of service of process pleading motions and discovery Squadron Leader Anwar Entertains
under the Federal Rules of Civil Procedure
INTERNATIONAL LAW OF HUMAN RIGHTS (I credit)
Working with international documents to include the OAS Charter the Genocide Convention European Human Rights Convention General Assembly Declarations and the 1949 Geneva Conventions as well as with various national constitutions the student will
examine those human rights generally respected by nations The role of the Judge Advocate Officer in implementing these rights within the military through education training preventive law or other programs wiII be discussed Thus the student will be better able to advise and assist commanders and their personnel both before and during hostilities Using individual problems each student will make an oral presentation and submit a short
paper on his problem area
27
MILITARY JUSTICE LEGISLATION SEMINAR (I credit)
This seminar addresses the following pending bills (1) requiring unanimous verdicts by courts-martial 0) Hatfields joint service concept (3) Bayhs court-martial commands (4) random selection of court members (5) pretrial procedure-investigation by magistrate and bail (6) increasing power of judge to sentence suspend and defer sentences (7) proposals to eliminate the post trial review or remove it from the convening authority (8) proposals to increase the jurisdiction of military appellate courts and to allow direct appeal from the Court of Military Appelt1ls to tha United States Supreme Court (9) the scope of Article 62(a) and (10) proposals to extend the military contempt article The objectives are to familiarize the class with the pending legislation and to stimulate creative thinking The seminar begins after the class has sufficient grounding in current military law to appreciate suggestions for change Each student writes a short paper which recommends new legislation criticizes current proposals or advocates adoption of a current proposal
CONTEMPORARY JUDGE ADVOCATE PROBLEMS 0 credits)
This seminar meets 12 sessions of two hours each for discussion of a variety of problems facing the military lawyer to include his relationship to the Army the educational program for military lawyers judge advocate responsibilities for resolving contemporary
Advanced Class Skit at [jAGSA Purty
28
pro bkll1s including flow of gold drug abuse racial confrontations pli bl ic and communi ty
rciltions professional responsibilities of clefense counsel control of courts-Illartial hy
military judges organization training and retention of reservists judge advocate office
organization war crimes problems civilian offenders and responsibility in scntencing of
offenders Each student will make a presentation and lead a group discussi)n A slnrt
paper is required
ILnCl1VE COURSES -shySECOND snMESTER
PI RSONAL LEGAL PROBLEMS OF
llL1TARy PERSONNEL II [II
This i~ a continuation of the first
semester seminar on legal assistance topics of
concern to judge advocates supervising
counseling services for military personnel and
thcir dependents The seminar will treat
common legal problems in the following
areas real estate transactions estate
planning investment counseling domestic
relations motor vehicle ownership and
military retirement programs and benefits
SJA OPERATIONS IN MILITARY JUSTICE [IJ
An examination and analysis of the organization problems and operation of the
Staff Judge Advocate office in the field of Military Justice The seminar will include
discussions of the organization of the Military J Llstice Division wi th i n 1 Staff Juclgc
Advocate office and relationship of the Staff Judge Advocate to the Deputy Stafr Judge
Advocate Chief of Military Justice Chief of Staff Commanding Genera inferior
courts-martial convening authorities the Provost Marshal and civilian law LnforCLment
personnel The seminar will also examine the processing of inferior cOllrh-Illartiil ll1d
Article 15 UCMJ proceedings pretrial and post trial processing of glneral courts-martial
the detailing of court members counsel and the military judge and the lundling or confinement problems
CONTEMPORARY MILITARY POLICY 12J
The purpose of this seminar is to promote understanding of thL Army till (lCLl]
and political environment in which it operates and selected military pulicy h)llc
confronting the nation and its armed forces
IMPLEMENTATION OF THE LAW OF WAR [I]
A review of 1972 and 1973 draft protocols and papers prepared by the International Committee of the Red Cross for implementation of the law of war in international and non-international conflict In context of US military force structures weapon systems and modern warflre a determination of an acceptable Army position on such proposed agreements Preparation of a position paper on a limited number of issues most pertinent
to the Army
GOVERNMENT CONTRACTS AS AN INSTRUMENT OF SOCIAL POLICY [I J
A study of the socio-economic policies in Government contracting their effectiveness and other alternatives to meet the social problems in the United States today Specific socio-economic policies covered will include small businesses labor standards labor surplus and labor surplus set-asides Buy National programs and equal opportunity programs
WEAPONS SYSTEMS ACQUISITION III
A study of the process of procurement of major weapons systems problems of such procurement and possible im provements to the process The proced ure will be traced
from the initial decision between competing systems to the selection of the source fm svstem development
30
Section 3
Judge Advocate Officer Basic Course
GellerLlI The life blood of the Judge Advocate Generals Corps is the grlduates of the twelve-week Basic Course which consists of Phase I four weeks presented at the U S Army Military Police School at Fort Gordon Georgia and Phase II presented in eight weeks at TJAGSA The Basic Course is a practical how-to-do-it course as contrasted with the graduate level Advanced Course Highlights of the course are instruction in the four major fields of military law and in practical exercises which will prepare the newly appointed judge advocate for his first duty assignment and particularly for military criminal trial practice
A moot court program is a continuing feature of the instruction given Basic Course students This program is designed to give new judge advocates practical experience in military trial practice and procedure Moot courts are simulated general courts-martial
Husband alld Wife Legal Teams in 65th Basic Class CPTs Peter alld Joyce Plaut and CFTs Joseph and Madge CCLlper
31
based on fact situations prepared by faculty members The positions of trial and defense counsel members of the court and witnesses are filled by members of the Basic Course Each student has at least one opportunity to act as trial or defense counsel The military judges part is played by members of the staff and faculty the Advanced Class or the
U S Army Judiciary who are certified military judges
Each class travels to Washington D c where they are admitted to practice before
the United States Court of Military Appeals
During FY 73 four Basic Courses-the 65th 66th 67th and 68th--were conducted at the School A total of 238 officers were graduated including IS officers of the United States Coast Guard and one allied officer each from Jordan and the United Kingdom A list of the graduates of the Basic Classes is contained in Appendix J and the academic awards arc noted in Appendix K
MG Harold E Parker The Assistant Judge Advocate General Gives Basic Class Graduation Speech
32
Course Structure The course curriculum and scope are as follows
CRIMINAL LAW [88 platform hours]
Introduction (2) Jurisdiction (2) Evidence (IK) Trial Technique (6) Documentary Evidence and AWOL (4) Affirmative Defenses (6) Review of Inferior Courts (2) Appellate Review and Extraordinary Relief (3) Procedure (26) Interview of Witnesses and Accused (3) Pretrial Advice and Post Trial Review (6) Article 15 (4) Review for Examination (2) Examination (4)
CIVIL LAW [74 platform hours]
Introduction (1) Military Personnel Law (9) Civilian Personnel Law (4) Labor-Management Relations (4) Boards of Officers (3) Law of Military Installations (12) Military Assistance to Civil Authorities (2) Claims and Litigation (12) Legal Assistance (12) Civil Rights (2) Drug Abuse (2) Dissent Seminar (2) Race Relations (4) Research Problems (6)
PROCUREMENT LAW 66th Basic Class Gift [21 platform hours] Being Presented to Commandant
Introduction and General Principles (3) Appropriations Process (2) Judge Advocate Responsibilities (2) Procurement Methods (4) Contract Types (1) Socio-Economic Policies (1) Nonappropriated Fund Procurement (I) Disputes and Remedies (2) Inspection Acceptance and Warranties (I) Examination (I)
INTERNATIONAL AND COMPARATIVE LAW [10 platform hours]
Recognition of problems involving international and foreign law with respect to claims and legal assistance and sources for solutions to such problems (I) Basic rules of criminal jurisdiction under status of forces agreements the Trial Observers Report (I) The fundamental laws and rules of the Law of War (2) Techniques of Military Instruction (2) Geneva Convention Training (2) Recurrent problems in using or instructing 011 the Law of War (2)
MILITARY OPERATIONS AND MANAGEMENT [4 platform hours]
Introduction to U S Defense structure and command and staff relationships within
33
this structure with emphasis on the relationships between the commanding officer of the installation Staff Judge Advocate and other installation command and staff elements
RACE RELATIONS SEMINAR [4 platform hours]
Students survey current race relations problems at the military installations based upon case studies in order to detennine the cause and effect of racial tensions Seminar participants discuss statutes regulations and current Army policy designed to prevent discriminatory practices and promote racial harmony in the military service
LEGAL RESEARCH PROBLEMS [8 platfol111 hours]
In this office practice exercise each student researches and prepares an opinion on selected legal problems commonly encountered at the militalY installation He then makes a classroom presentation of his work using an appropriate pedagogical technique with a view towards instructing his fellow students in the law
Basic Class Recep tion
34
Section 4
Resident Continuing Legal Education Courses
CIVIL LAW I (5F-F5)-Two phases (l week each)
Phase I--Law of Military Installations Law and current legal problems relating to military reservations nonappropriated funds military assistance to civilian authorities and installation management with special emphasis on control of installations and challenges to commanders authority by court processes
Phase II--Claims Claims regulations and procedures with emphasis on the Federal Tort Claims Act and claims in favor of the Government Panel discussions on injury evaluation and medical care recovery highlight the practical aspects of the course
CIVIL LAW II (5F-F2)--Two phases (1 week each)
Phase I--Personnel and Administrative Law A study of statutes regulations and court decisions concerning military personnel law boards of officers conflicts of interest military compensation line of duty determinations and release of information Attention will also be given to current administrative law problems with panels of experts
Phase II-Legal Assistance Study of current legal problems and court decisions which affect the military serviceman including consumer protection family law taxation immigration small claims property settlements and bankruptcy
INTERNATIONAL LAW (5F-F3)--2 weeks
International agreements jurisdiction State responsibility Status of Forces Agreements conduct of hostilities war crimes and internal armed conflict Geneva Conventions and the New Protocols Responsibility and Superior Orders
JUDGE ADVOCATE OVERSEAS OPERATIONS (5F-F14)--1 week
A review of civil and criminal codes of countries where large numbers of US personnel are stationed and the rules established for the conduct of US personnel through Status of Forces Agreements Emphasis is upon the role of the judge advocate in assisting US personnel in the conduct of their legal affairs in a foreign country in protecting
35
jJAl Rice
MAl Suarez
the interests of the Government in civil litigation and in protecting the interests of US personnel charged with crimes by a foreign country
JUDGE ADVOCATE RESERVE COMPONENT FIELD GRADE OFFICER REFRESHER (S-27-C8)-2 weeks
To further qualify the judge advocate in matters relating to the performance of legal duties involving international and comparative law and administration of military justice and to provide a more comprehensive knowledge of the fundamental principles of Government contract law and the role of the procurement legal advisor organization of the Army developments in tactics military correspondence command and staff procedures and National Guard and Army Reserve activities
LAW OF FEDERAL EMPLOYMENT (SF-FI0)-1 week
Civilian Personnel Law Hiring promotion and discharge of employees under the FPM and CPR role of the Civil Service Commission procedures for grievances appeals and adverse actions personal rights of employees
Labor-Management Relations Rights and duties of management and labor under Executive Order 11491 and DOD Directive 14261 negotiation of labor contracts impasse mediation administration of labor contracts and procedures for arbitration of grievances
LAW OF WAR amp CIVIL MILITARY OPERATIONS (SF-F4)-2 weeks
A review of the basic law of war with an up-date on the latest changes and developments in the area A detailed examination of international customs and treaty rules affecting the conduct of
CPT IlIlwinl~elried
36
us military forces in civilmilitary operations and in all levels of hostilities The Geneva Conventions and their application in civilmilitary operations and in various types of combat operations and missions to include problems of refugees labor psyops
legislation and public relations
LITIGATION AND ENVIRONMENT LAW (SF-FI3)--1 week
Review of Federal Rules of Civil Procedure Judge Advocate coordination with Department of Justice and procedural law relating to practice before administrative agencies Preparation of litigation reports and techniques of evaluating liability and amount of damages
MILITARY JUDGE (SF-F9)--3 weeks
To qualify military lawyers to perform duties as full-time military judges at courts-martial with emphasis on special courts-martial Conference panel and seminar forums are utilized to cover substantive military criminal law defenses to crimes instructions to the court rules and principles of evidence trial procedure and current military legal problems
MILITARY JUSTICE (SF-Fl)-Two phases (I week each)
Phase I--Administration of Military Justice An examination of the administration of military justice to include recent developments in criminal law and the functions and problems invoived in pretrial and post-trial procedme
Phase IJ-Trial Advocacy Intensive instruction in trial practice to include problems confronting trial and defense counsel
37
CPT AdatIs
CPT illlltall
CFJ lurJut
MAJ McGo lIA1i1
AlA) LlIlc
AJAr Gilligal
PROCUREMENT ATTORNEYS (5F-Fll)-2 weeks
Study of legal problems arising in the following areas general principles including the authority of the Government and its personnel to enter into contracts contract formation including appropriations formal advertising basic contract types and socio-economic policies contract performance including modifications~ disputes including remedies and appeals
PROCUREMENT ATTORNEYS ADVANCED (5F-FI2)-2 weeks
Study of legal problems arising in the following areas incentive contracting funding competitive negotiation socio-economic policies Government assistance state and iocal taxation modifications weapons system acquisition truth in negotations terminations labor relations problems contract claims and litigation
SENIOR OFFICER LEGAL ORIENTATION COURSE-3 days
Civil law to include installation management labor management relations military personnel law llonappropriated funds investigations legal assistance claims and litigation criminal law to include search and seizure confessions the responsibilities of the convening authority before and after trial and the options available to commanders in varibus military justice situations
STAFF JUDGE ADVOCATE ORIENTATION COURSE (5F-FI 5)--1 week
A survey of new developments in the areas of military justice civil law procurement and international and comparative law
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Section 5
Nonresident Instruction
The Office of Nonresident Instruction was added to the Academic Department to coordinate and administer the various forms of nonresident instruction offered by the School The office is headed by the Deputy Director for Nonresident Instruction
The office is divided according to the instructional methods employed The immediate office of the Deputy Director is responsible for supplying instructional materials for use by instructors at other institutions Materials are supplied annually to USAR Schools for instructing 7000 Officer Advanced Course and 2000 Officer Basic Course students of other than J AGC branches and 85 JAGC Advanced Course students ROTC cadets receive instruction on their college campuses utilizing NRI materials The Deputy Director also maintains liaison with the US Military Academies other Army service schools and schools of other Armed Forces Active Army unit training support is also a function of the office
The Correspondence Course Office is responsible for supplying students with self-instructional materials Approximately 2500 students are carried on the rolls annually including officer and enlisted personnel of the Active Army and Reserve Components andmiddot personnel from allied nations About 20000 correspondence course students of other Army service schools take subcourses supplied by NRI
39
MAj james A Endicott Jr Dep Dir for Nonresident Instruction
CPT joseph W Hely Jr and Mr Robert 11 Alerritt
The following courses are currently offered by correspondence
Judge Advocate Basic Indoctrination Course
Judge Advocate Advanced Course
Special Courses Specialization Courses for Senior J AGC Officers Military Law for Commanders and Staff Officers Course Legal Warrant Officers Course MOS 713A J AGC Senior NCO Course GCM Legal Clerks Course MOS 71D50 SPCM Legal Clerks Course MOS 71 D20
All Advanced Course students enrolled on 1 September 1973 will be required to complete a writing requirement administered by the Deputy Director Thesis advisors will be assigned to each student to assist in topic selection and organization of the 15-20 page 3000 word minimum papers
CJYr (P) Terry Devliu IS Promoted (Finally)
40
Section 6
Paraprofessional Courses
The Legal j)artl[JToessional The implementation of the Military Justice Act of 1968 and the Pilot Legal Assistance Program have placed extraordinary demands on the time of the Army lawyer A partial answer to these demands is the development of military legal paraprofessionals During the second week of February the Civil Law Division conducted the first Legal Paraprofessional Course in legal assistance The course attended by 21 secretaries and enlisted men from Army and Coast Guard judge advocate offices is the first step in the fonmll development of legal para professionalism in the Army The Criminal Law Division also graduated its first group of paraprofessional students in February 1973 The paraprofessional courses are designed to instruct legal lay assistants in the duties and administration of the military justice division of installation judge advocate offices It is planned that future instruction in these resident courses will include
PARAPROFESSIONAL COURSE--CIVIL LAW-I week
Legal research and instruction in legal assistance to include interview techniques recognition of non-legal problems preliminary drafting of routine legal documents and other substantive legal matters
PARAPROFESSIONAL COURSE--CRIMINAL LAW-I week
An overview of the entire military justice system disposition of charges interview of witnesses preparation of vouchers subpoenas depositions and similar documents administrative review of Article 15 punishments and other substantive legal matters
WARRANT OFFICER AND SENIOR LEGAL CLERK COURSE (7 A-713A 7lD50)--1 week
Review and discussion of the legal administrative technicians and senior legal clerks roles as office managers of a judge advocate office or activity with particular emphasis on effective management of personnel equipment work flow and fiscal resources
LAW OFFICE MANAGEMENT-l week
A new course for warrant officers and senior legal clerks in March 1974
41
Cl1middot)2 Clorlcs L West jJ(r(leyal Fraililly Officer
BG Lawrence H Willimrls Assistallt jucZle Advocate General for Military Law
Prescnts Diplolla to DistillYllished Gradllate of NCOES COllrse
42
NONCOMMISSIONED OFFICER EDUCATION SYSTEM On 15 June 1973 the School graduated its first NCOES Course The initial input of 12 students MOS 71D and 71 E were tracked with MOS 71 L (Administrative Specialist) students during the first nine weeks of schooling conducted at Fort Benjamin Harrison The final two weeks of advanced MOS training 71 D and 71 E were conducted here at Charlottesville
CPT WorkmanCPT Wagller
lVIA] White CPT Robie
43
1972 JAG Conference BG Persons 13G Montgomery US4R Mr Kendall Barnes GC AMC BG UpjJ USAR BG Babbitt foreground
Receptioll HOllorillg Conference Banqzl(t Speawr Mr jllstice 10111 CZellh MG Prugh Mr justice Clark Mrs Douglass COL Douglass CfYr Griffin
44
CHAITER III
CONFERENCES VISITORS AND SEMINARS
Section 1
JAG Conference
During the week of 1-5 October 1972 the School again hosted the world-wide JAG Conference an annual event which brings together senior judge advocates from all major Army Commands throughout the world as well as representatives from the sister services for the discussion of current problems and developments in military law Speakers and panelists provided updates and briefings on all aspects or criminal civil procurement and international and comparative law
A unique feature of the 1972 Conference was the attendance by personal invitation of The Judge Advocate General US Army of a number of JAGC warrant officers and
Mr JOllil l lJlIstCriU lr I Fred J)llhardt
45
senior legal clerks Headlining the Conference list of speakers was Mr Justice Tom C Clark who was the banquet speaker Other distinguished speakers included Department of Defense General Counsel 1 Fred Buzhardt Attorney General Robert B Morgan of North Carolina Deputy Assistant Secretary of Defense John A Busterud and Harvard Pro fessor Richard Baxter
Social events highlighting the evenings of Conference Week included the annual Conference Banquet the Icebreaker and a new addition this year an informal Hawaiian RampR party
Hawaiian RampR Hlrty
46
Mr Robert B Morgan
Section 2
The Judge Advocate Generals Reserve Conference
The School hosted the fourth annLlal Judge Advocate Generals Reserve Conference from 30 November to 2 December 1972 The conference focused on Special Interest Groups and Conferee Workshops Special Interest Groups included JAGSO Detachment Commanders ARCOM SJAs Training Division SJAs and Troop and Civil Affairs SJAs Workshops were conducted and reports made to the conference on the subjects of Civilian Personnel and Employee Unions Race Relations Environmental Law Search and Seizure and Drug Abuse
Among speakers and guests were Dr Theodore C Marrs Deputy Assistant Secretary for Reserve Affairs Department of Defense MG J Milnar Roberts Chief Army Reserve MG George S Prugh The Judge Advocate General MG Harold E Parker The Assistant
BG Upp BG Montgomery Dr Marrs COL Douglass and RADM Staring at Judge Advocate Generals Reserve Conference
47
LTC Fontullelle and COL Selleider
Jldge Advocate General BG Robert D Upp USAR Assistant Judge Advocate General Special Assignments (MOBDES) BG Edmund W Montgomery II Chief Judicial Officer (MOBDES) and Colonel William B Carne Chief Litigation Division OTJAG
Social events included an Icebreaker cock tail party at the Officers Open Mess and the Conference Banquet at The Holiday Inn Afton Mountain
COL Fulton and COL Garber
48
Section 3
National Guard Judge Advocate Generals Conference
The Second Judge Advocate Generals National Guard Conference was hosted by the School in Marcil As with the first conference emphasis was placed upon military law as it applied to the National Guard Conferees workshops were similar to those held during the Reserve Conference
Among the invited speakers and guests were LTG Harris W Hollis Chief Office of Reserve Components MG George S Prugh The Judge Advocate General MG Francis S Greenlief Chief National Guard Bureau MG Harold E Parker The Assistant Judge Advocate General and Mr Robert B Morgan Attorney General North Carolina
Social events included an Icebreaker cocktail party at the Officers Open Mess and the Conference Banquet at AftJn Mountain HolidJY Inn
AIG Chelley 11ze J[(z(e Advocate Gelleral of the Air Jorce
alld Air Force National Guard Participants at Conference
49
LTG and Mrs Hollis
COL James B Deerin
MG William ] McCaddiil T1w Adjutant General Va ARNG
50
Section 4
Speakers and Visitors
The professional atmosphere of the School is enhanced by an active guest speaker program through which distinguished experts are invited to address the various classes and the entire School community There are two formal lectureships established in conjunction with the two academic chairs at the School This year the Second Kenneth J Hodson Lecture in Criminal Law was given by Professor Yale Kamisar of the University of Michigan School of Law As mentioned previously the First Edward H Young Lecture
on Military Legal Education was given by Professor Delmar Karlen
Many officers governmental officials practicing attorneys and educators visit the
School to observe portions of its programs A list of the guest speakers and distinguished persons visiting in 1973 is contained in Appendix L
Mr Doll Droge Natiollal S(cllritv CollIcit Staff
51
MG Kenneth J Hodson Chief
USA Legal Services Agency
Prof Helmut Rumpf Office of the Legal Advisor
Foreign Office Federal Republic of Germany
Hon Robert M Duncan Judge US Court of Military Appeals
52
Mr Jack Stempler General Counsel us Air Force
Frederick Hernavs Iliiclicr COL -AGC (ltetj
l1JG Lloyd B Ramsey The Provost Marshal General
53
MG George S Prugh The Judge Advocate General of the Army
Prof Yale Kmnisar
JudRe Tim Murphy D C Superior Court
54
Section 5
Race Relations Seminar
From 17-19 January 1973 The Judge Advocate Generals School was host to a race relations seminar The seminar brought together judge advocates from CONUS and overseas commanders provost marshals and others experienced in race relations and military justice The primary purpose of the seminar was to aid judge advocates in advising their commanders and staffs concerning race relations and racial incidents and the handling of such
The two-day agenda included small--group discussions of such matters as the following
(a) Racial problems confronting judge advocates law enforcement and command authorities in the field
(b) Indicators and warnings of racial disharmony which may cause or contribute to offenses
(c) Guidelines for effective solutions to racial problems of the command
Cd) The role of the staff judge advocate in race relations 111 the command
This seminar was but a small part of the race relations program developed by the School during the past year Race relations instruction was an important feature of the
55
elYT Grahanl
elYl Criflill Race Relatiolls Illstructors
Race Relations Seminar
Basic and Advanced Classes Elements of this instruction included the basic causes of racial unrest in the military personal and institutional racism applicable civil legislation and military justice problems The Advanced Class curriculum also included a 12-hour race relations elective which dealt with both specific problem areas and served as a speaking platform for individuals involved in the race relations field In addition race relations instruction and workshops were held during the Annual Judge Advocate Generals Conference Reserve Conference National Guard Conference and many of the other short courses offered throughout thc year Additional instruction and seminars have been planned for the coming academic year in an attempt to meet the challenge of this extremely important and sensitive area
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CHAPTER IV
DEVELOPMENT DOCTRINE AND LITERATURE
Created 1 March 1973 the Development Doctrine and Literature Department (DDL) is responsible for combat developments doctrinal and legal literature military operations and management and professional liaison and development In its role as combat developer for the Corps DDL must ensure that JACC will have the necessary resources to perform its mission in the Army in the future DDL has taken steps to end the court reporting equipment problem that exists today DDL members formerly with CDCJ AA which had initiated the justification for new court reporting equipment guided the project to AMC Procurement of the needed equipment is projected for the near future
In addition to ensUling proper materiel allocation DDL also ensures effective personnel allocation in planning for the Army of the future In the course of investigating personnel developments DDL prepared a recorm1ended Table of Organization and Equipment (TOE) for a separate defender program and prepared a staff study recommending the use of paralegal assistants LTC John L Costello Jr
Director Development Doctrineby military lawyers and Literature Department
Most recent of its developmental accomplishments is the experimentation in the area of Automated Legal Research Provided by the US Army Judiciary with volumes of courts-martial statistics DDL programmed the statistics into an automated data bank Such an automated system enabled DDL to rapidly and accurately make recommendations for more effective allocation of personnel while studying the feasibility of a separate defender program
DDL is charged with review of doctrinal literature for legal sufficiency and has provided input to force concepts and designs in the Armys combat development process Also of a doctrinal nature is the responsibility for instruction in military operations and
57
management The Military Operations and Management Division of DDL is responsible for all instruction in military arts and sciences the defense structure command and staff procedures and Army management
In keeping with its mission of professional development DDL provides an office for liaison with professional associations both legal and military In establishing liaison with professional associations such as ABA FBA AUSA etc that office has also monitored Law Day USA observances throughout the Army and coordinated after-action reports Enthusiasm for Law Day 1973 observances was enhanced by JAGCs receipt of a ABA Award of Merit for its 1972 observance
DDL is also responsible for publication of the Military Law Review The Army
Lawyer and the Judge Advocate Legal Service discussed in Chapter V
CPT John D Home Professional Liaison Office
58
MAJ James R Wessel Chief Military Operations
Management and Plans Division
-- - CPT Daniel Worlltin1
011 Computerized Study
CHAPTER V
PUBLICA TIONS
The Military Law Review a law quarterly identical in format to the leading civilian legal journals is distributed to all judge advocates in the Active Army and the Ready Reserve In addition the Superintendent of Documents Government Printing Office sells copies and subscriptions to all interested civilian agencies and individuals
The Law Review contains lead articles comments and notes of interest to military law practitioners Theses written by students of the Judge Advocate Advanced Course are a primary source of articles Comments notes and articles from judge advocates in all three armed services foreign military and civilian lawyers members of the staff and faculty law school professors reserve judge advocates and civilian attorneys are also published During Fiscal Year 1973 Volumes 57-60 were printed Instituted during this fiscal year was a series of comnents on historic courts-martial to be continued in future volumes of the Law Review
The Catalog of Advanced Class Theses was revised by the Publications Division and distributed during FY 72 A supplement to the Catalog was compiled and distributed during FY 73
The Judge Advocate Legal Service (JALS) is responsible for rapid dissemination of the latest military law and items of interest to judge advocates around the world J ALS is printed bi-weekly in Charlottesville Virginia and distributed in over 7600 copies to all three armed services J ALS digests all cases decided by the United States Court of Military Appeals most published Court of Military Review decisions Federal Court decisions affecting the armed services and actions by The Judge Advocate General under Article 69 Uniform Code of Military Justice
59
The Army Lawyer a how-to-do-it type journal provides practical and timely
information to judge advocates in the field This monthly periodical incorporates claims personneL and legal assistance information previously found in other publications
The Manual for Courts-iVlartial Annotation Third Edition (1973) a significant research tool on military law was prepared in an updated version during Fiscal Year
1973 as DA Pamphlet 27-13 The Annotation contains case citations a citation of appropriate regulations and a cross-index to the Military Judges Guide To facilitate
research the Annotation is designed to be interleafed on a chapter-by-chapter basis with the Manual
In addition the following texts were submitted during FY 73 to the Office of The
Judge Advocate General for pUblication as Department of the Army pamphlets
Administrative Law Handbook Eyjdence Jurisdiction Legal Guide for the Soldier Trial Proced ure
Printed as special texts to support
resident instruction in some cases pending availability as DA Pamphlets were the following
Civil Law Basic Oass Deskbook Criminal Law Basic Class Deskbook Effective Research Aids (Civil Law) Evidence Law of AWOL Military Administrative Law Senior Officer Legal Orientation Texts Trial Procedure
During the course of FY 73 many articles authored by members of the staff and facul ty and were pu blished A list of those articles is contained in Appendix M
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CPT Stephell L Buescher Clz ief Doctrine and Literature Division
CPT ] Alullill Editor Military Law Review
CHAPTER VI
RESERVE AFFAIRS
General The reorganization of the Army with the shifting emphasis on the Reserve program resulted in the establishment of the Office of the Assistant Commandant for Reserve Affairs arid Special Projects The overall mission of this office is to develop and implement a program to improve the readiness capability of the Army Reserve Component Judge Advocate Generals Corps personnel This mission has been broken down more specifically to provide for the career management of all JAGC reserve officers which includes providing liaison with the United States Army Reserve Component Personnel and Administration Center to develop and administer a program of technical training and to maintain liaison with the individual Reserve or National Guard components the Army Readiness Region Commanders and the CONUS Armies To accomplish these functions the Office has been subdivided into the Career Management Division and the Reserve Training Division
Career Management Division As a result of greater emphasis being placed on the Reserve program added consideration has LTC Keith A Wagner been given to the career management of all Assistant Commandant reserve component JAGC officers More for Reserve liffairs resources have been allocated toward advising individual reserve JAGC officers upon matters affecting their careers such as appointments transfer federal recognition of National Guard component officers and educational qualification for promotions This advice has become more important to the JAGC reserve officers because the competition for appointment assignment and promotion has become keener in the recent year
Career counseling is carried out primarily through correspondence but during the past two years with the JAGSO team training being conducted at TJAGSA personal interviews have been conducted by members of the divisions Such interviews are more desirable because in the course of this counseling the Reservists are alerted to important aspects of their career pattern Personal interviews are also conducted when officers of
61
LTC James N McCune Chief JACC Reserve Cornponents
Career hlanagement
the department make staff liaison visits to JAGSO detachments throughout the year Reserve units visited during FY 73 are listed in Appendix N
In the next academic year the channels of communication will be vastly improved by the on-site training to be given by the faculty from the School As part of these training visits the faculty member will bring back any inquiries from individuals regarding career problems to the Office of Reserve Affairs
As a further service to reserve component officers a Judge Advocate Reserve Components Directory is published annually This directory contains the names addresses type of assignment and the nature of civilian employment for more than 1800 Reserve component JAG officers
Reserve Component Training Divisioll The reorganization of the Army has resulted 111 the development of the Reserve Component Technical Training otherwise referred to as on-site training The program includes a six-hour block of instruction by faculty members from each of the four academic divisions of TJAGSA During the first academic year two hundred and twenty-five visits will be made under the program The purpose of the visits will be to bring all reserve component JAGC officers up to date on the most recent changes in military law and to inform the officers of the organizational changes in the JAG Corps
In addition the overall training program includes nonresident training on-the-job training of J AGSO Detachments at active Army installations throughout the country the Reserve Components General Staff Course and the cyclical resident training for specific J AGSO teams The on-the~job training is proving very successful During the past training year more than fifty percent of all J AGSO Detachments were participating in hands on training at active Army installations In addition all J AGSO teams except the 33 General Court-Martial tcams were assigned a training site appropriate for their mission for ADT 1973 ie Procurement teams to procurement centers Claims teams to Army Oaims Service etc
With regard to resident training during the summer of 1973 a trall1Jl1g program for General Court-Martial teams totaling over 210 men was conducted at TJ AGSA This training was supported by the 1050th USAR School West Hartford Connecticut and
62
included an update on court-martial procedures substantive law and a series of moot courts Greater emphasis was placed on training the court reporters and to that end new more sophisticated equipment was provided
Forecast for the coming academic year is the Reserve Component Technical Training (on site) and the Reserve Senior Officers Legal Orientation Course The SOLO course is designed for officers who are not members of the JAG Corps but who by virtue of their duties as commanders require a knowledge of military law In addition the US Army Reserve Judge Advocate Conference is scheduled for November 1973 and the National Guard Judge Advocate Conference is scheduled for March 1974 The purpose of these two conferences is to bring the senior
CPT Eldon D Robertsreserve component Judge Advocates to Chief Training OfficeTJAGSA to discuss common problems and
bring them up to date on the latest developments in military law and new innovations in the reserve program
Chief Judge Darden of the U S Court of Military Appeals and JAGSO Detachment Members at COMA Admission Ceremony
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CHAPTER VII
PROFESSIONAL ORGANIZA TrONS AND DEVELOPMENT
American Bar AssociLztion Pursuant to TJ AGSA policy the School maintained active participation in the American Bar Association during FY 1973 Five representatives from TJAGSA attended the ABA Annual Meeting in San Francisco during August of 1972 one of whom along with MG Prugh represented the Corps in receiving an ABA Award of Merit for outstanding observance of Law Day 1972 In additon four members of TJAGSA traveled to Cleveland in February of 1973 for the ABA Mid-Year Meeting
As an indication of the active participation by the personnel of the School many held positions of responsibility in the organization The Commandant served in an advisory capacity to the Standing Committee on Legal Assistance to Servicemen one member represented the Armed Forces (District 15) on the Young Lawyers Section (YLS) Executive Council as well as serving as Co-Chairman of the YLS Military Service Lawyer Committee one member served as Co-Chairman of the YLS Coordinating Committee and one member served as Vice-Chairman of the YLS Corporation Law Committee
President-Elect Chesterfield Smith of the American Bar Association presents Law Day Award to MG Prugh and CJYT Robie
65
Federal Bar Association The Federal Bar Association (FBA) which is composed of lawyers who are or have been in the employ of the United States Government in a legal capacity is represented here by the Charlottesville Chapter Not only did TJAGSA provide the chapters business office but also personnel of the School served in positions of both President and Vice-President during FY 73 In April of 1973 the Charlottesville Chapter of FBA hosted the TJAGSA Board of Visitors at a coffee
National Association for Law placernent An organization composed of law school placement offices as well as employers the National Association for Law Placement (NALP) seeks to increase communication between buyers and sellers in the legal job market Founded two years ago NALPs membership consists of some 95 law schools of which TJAGSA is one and 30 employers During FY 73 the School was represented at all meetings and conventions by the Post Judge Advocate who also served the organization as its Secretary
Associatioil of American Law Schools The AALS was chartered in 1900 and has a present membership of 115 schools throughout the United States The Judge Advocate Generals School does not meet the requirements for membership but is associated with the organization For a number of years the Commandant and Director of Academics as representatives of TJAGSA have attended the annual meetings held each year between Christmas and New Years
The faculty of The Judge Advocate Generals School is included in the directory of law teachers prepared by the AALS Faculty members are on the sections of the Association and work actively in the section on teaching methods and the section on studies beyond the first degree in law
Of particular interest to TJAGSA are the studies done by the AALS on Administrative Law Constitutional Law Criminal Law Professional Responsibility Trial Advocacy Continuing Legal Education Paraprofessional Legal Education Teaching Law outside of Law Schools and Teaching Methods
Associatioll of the Ul1ited States Army The Thomas Jefferson Chapter AUSA continued its active role in the Charlottesville community The 1973 Dogwood Festival Week was the occasion of several AUSA activities Two recently released POWs were honored at a cocktail party in the TJAGSA OOM at the conclusion of the annual Dogwood Parade On the following day AUSA hosted a record number of guests at its traditional Dogwood Luncheon The gathering was addressed by Congressman J Kenneth Robinson CR-Va) and honored guests included Miss Dogwood Festival Miss Virginia Miss New York and the US Army Golden Knights Parachute Team The Golden Knights accepted a memorial presentation from the Thomas Jefferson Chapter in remembrance of those
66
Air Force POlY MAl Normall Wells receives award fronl A USA Chapter President Walter L Srnith (l) and Virginia Congressnail Robinson (I)
members who had met their deaths earlier in the year as a result of a plane crash and performed a skydiving demonstration that evening at a local park Business offices for the Thomas Jefferson Chapter AUSA were maintained this year by TJAGSA
Professional Liaison and Development As a result of the Schools reorganization in March of 1973 an Office for Professional Liaison and Development was established in the newly formed Department of Development Doctrine and Literature This office has been charged with maintaining liaison with professional associations as well as monitoring Law Day Activities for J AGe
lACC Recruiting During the year several members of the staff and faculty visited various law schools throughout the
AUSA President Smith (r) presents Monticello picture to (l to r) Congressman Robinson ilIiss Dogwood 1972 and Commander of the Colden Knights
67
country in an effort to recruit senior law students for the JAG Corps In addition the School receives numerous inquiries concerning admission into the Corps Packets containing information on admission requirements are provided upon request TJAGSA personnel are called upon to counsel and advise individuals from the Charlottesville area and the University of Virginia who are seeking admission to the Corps
Alumni Association The Alumni Association continued to grow during the fiscal year with approximately 2500 members on 30 June 1973 an increase of approximately 500 new members during the year The Association provides academic awards for Basic and Advanced Gasses maintains contact with the allied officers who have attended the School and gives a plaque and a cash award to the winner of the Annual Professional Writing Award During Fiscal Year 1973 three issues of the Alumni Newsletter were published which included news of events and conferences at the School a calendar of courses offered at the School and personal information on members of the Association The activities of the Association were financed by annual dues of one dollar for each member and contributions from interested members The Annual Report is distributed by the Alumni Association to all of its members each year
Coordination and financing of Association activities as well as editing and writing of the Alumni Newsletter and the Annual Report are responsibilities of the Assistant School Secretary
Lectures Reflecting the Schools role in educating officers of the other branches of the Army and the other services members of the faculty traveled widely giving lectures to diverse groups upon various aspects of military law A good example of how the knowledge of the faculty may be applied to the training of non-legal personnel was the course of instruction in procurement methods given to criminal investigators specializing in appropriated and nonappropriated procurement frauds
During the course of the year the School continued to build a close professional relationship with the Army War College Frequent visits there by the faculty of TJAGSA resulted in the incorporation of a considerable amount of current legal material into that course
A list of lectures given outside TJAGSA by facuIty members is contained in Appendix O
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New Building l-Indcr ConstructiOIl
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CHAPTER VIII
BUILDINGS AND SUPPORT ACTIVITIES
Section I
Buildings
Construction of the new Judge Advocate Generals School building began on 15 January 1973 and was scheduled for completion within 24 months The new building will be located in the same area as the new Law School and the Graduate School of Business Administration of the University of Virginia The basement level of the new building provides space fpr the administrative and logistics offices storage and library The library is designed with 32 individual study carrels and will accommodate 50000 volumes The ground level (or first floor) houses the academic department (approximately 60 offices) three classrooms to accommodate 50 100 and 200 students respectively four conference rooms which will accommodate 20 persons each eight smaller conference rooms for 12 persons each completely equipped moot courtrooms an auditorium with 125 seat capacity audio-visual room and student lounge On the second level are the offices of the commandant and other directorates of the School in addition to a two-bedroom VIP suite The third and fourth levels each have 32 individual BOQs with bath Also there are four two-room suites with bath and four two-room suites with bath and kitchen facilities on each floor The fifth floor is the officers open mess and dining facility which has a seating capacity of 120 people In addition the club will have patios on two of its sides
Due to a spring snow storm a sym bolic groundbreaking ceremony for the new building was held indoors on 12 April at the Groundbreaking Universitys George Baskerville Zehmer Hall COL Douglass MG Prugh
President Sharman
71
After opening remarks by the Commandant Colonel John Jay Douglass Major General George S Prugh The Judge Advocate General of the Army joined with University of Virginia President Edgar F Shannon and Colonel Douglass in turning a symbolic shovel of earth which formally commenced the construction project
Among those attending the ceremonies were Army Colonel (Ret) Kenneth C Crawford Commandant of the School during the years when the plans for the new building were formulated and Professor John
President Shannon Speaks at Ritchie III a mem ber of the Schools Groundbreaking Ceremony original Board of Visitors Colonel Crawford
is now Director of Education and Training for the Federal Judicial Center Professor Ritchie formerly Dean of Washington (St Louis) Wisconsin and Northwestern Law Schools is presently on the faculty at the University of Virginias Law School Also in attendance were members of the current Board of Visitors
Attendees representing the various Armed Services included Major General Kenneth 1 Hodson former The Judge Advocate General of the Army now Chief US Army Legal Services Agency Rear Admiral Ricardo Allen Ratti Chief Counsel United States Coast Guard Colonel Charles J Keever Acting Director of the Judge Advocate Division United States Marine Corps and Colonel (Ret) Ralph D Pinto former TJAGSA Deputy Commandant
Others in attendance included William P Dickson J f a Norfolk attorney and formermiddot member of the Board of Governors of the American Bar Association representing Robert W Meserve President of the ABA C Norman Poirier immediate Past President of the Federal Bar Association Francis H Fife Mayor of the City of Charlottesville Gordon L Wheeler Albemarle County Board Chairman and Walter L Smith President of the Thomas Jefferson Chapter of the Association of the United States Army
The present Judge Advocate Generals School building a red brick building of Georgian architecture was dedicated on 26 September 1956 It contains offices and 19 furnished BOQ rooms In addition the building houses the School Library a conference room supply room and bookstore An Officers Open Mess and snack bar with outdoor patio is located on the fourth floor of the building Classrooms for the School are located in the University of Virginia Law School
72
Section 2
Support Activities
a Library alld Military Legal Center
The School generally furnishes each student with the basic textbooks and other classroom materials which he will need during a course However when additional references and research facilities are req uired students are encouraged to utilize the School Library the Law Library of the University of Virginia and Alderman Library the general library of the University
The Judge Advocate Generals School Library contains approximately 20000 volumes and is oriented toward military law There is a complete set of all Army regulations most federal legal materials and
a complete military justice library During LTC Edward C Seufert FY 1973 many historic military legal items School Secretary
and current books on military law were added to the Schools Military Legal Center one of the most extensive collections on military law past and present in existence Also during the year the Library staff completed a major portion of the complete cataloging of the Schools collection in order to provide a ready reference system for researchers
The Law Library Il1 Clark Hall contains over 200000 volumes and it is readily accessible to our students It has an extensive collection of published reports of the American federal and state courts the reports of the courts of the United Kingdom
lvlrs R Vivian Hebert treaties digests encyclopedias indices andLibrarian citator services It also contains the statutes
73
Leased Housing Units
BOQ Room
74
of the United States of the several states and of Great Britain The Library receives every current legal periodical of general interest printed in the English language
Alderman Library has about 2000000 volumes and a particularly fine collection of official Government publications It has been designated by the United States Government as a depository for public documents
h Billeting and Mess Facilities Bachelor officers quarters are available in The Judge Advocate Generals School BUilding Assignments of rooms may be obtained through the Billeting Officer Linens towels and maid service are provided All rooms are carpeted and air-conditioned and many have refrigerators and television sets
The School has a number of family housing units under government lease to be utilized as government quarters in lieu of BAQ Priority for the utilization of these units is first given to enlisted personnel and then to officers attending the Advanced Class The School Secretary and the University Housing Division maintain lists of available apartments and houses in the Charlottesville area
The top floor of The Judge Advocate Generals School building is used by the Officers Open Mess The Winthrop Room is furnished with large comfortable chairs and sofas a color television set piano and other accessories
Officers Open Mess
75
A snack bar located on the fourth floor and operated by the Officers Open Mess personnel now serves breakfast and lunch to its members During the evening hours refreshments and snacks are available
During the year the Mess sponsors a full program of activities and social events for the benefit of its members including dances buffets picnics class receptions social hours and other activities
c Boolzstore The Bookstore now located on the first floor of The Judge Advocate Generals School is easily accessible to all patrons Various personal items uniform accessories stationery supplies cigarettes and tobacco souvenir items and books are available
d Commissary Facilities During part of FY 73 the School was able to arrange for a truck to bring commissary products from Richmond to Charlottesville Although this service has been discontinued procedures are SSG John Huffman
being taken to have the operation reinstated Bookstore Manager
Commissary Operations in Charlottesville
76
e Logistics The Logistics Office provides assistance and advice in arranging for shipment andor storage of household goods for military personnel assigned to the School and members of the Advanced and Basic Classes In addition the Division provides budget and contracting services for all money expended by the School
f Personnel and Finance The Adjutants Office is responsible for the processing of all incoming and outgoing personnel the maintenance of individual records and the operation of the School mail room The office also acts as liaison with the Civilian Personnel Division at the US Army Foreign Science and Technology Center in Charlottesville which is responsible for the Schools civilian employees
Although the School has no finance CPT William K Thompson officer the Adjutants Office is available to Chief Logistics provide necessary assistance and advice in matters relating to pay and allowances Close contact is maintained with the servlcmg Finance and Accounts Offices in Washington and at Fort Lee
g Health Care Facilities The Judge Advocate Generals School lS sateIlitccl on Kenner Army Hospital at Fort Lee Virginia for medical and dental care Locally a contract surgeon provides outpatient services for military personnel Because of the distance from a US Army hospital dependents of personnel stationed at The Judge Advocate Generals School are entitled to the benefits provided under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS)
Dental care and eye examinations for military personnel assigned to the School are available from any local dentist and eye doctor on an individual contract basis CIYT Richard J Lynch however there are no provisions for such care Adjutant
for dependents
77
h Athletic Facilities Assigned and attached military personnel and all students are permitted to use all athletic facilities of the University of Virginia Both the School and the Intramural Department of the University have a limited amount of athletic eq uipment for the use of students and the staff and faculty
i Public Information Office During Fiscal Year 1973 the Plans Division succeeded by the Services Division conducted a comprehensive public information program with increased emphasis on obtaining the broadest possible coverage of all events occurring at The Judge Advocate Generals School
J Post J~idge Advocate During Fiscal Year 1973 following the reorganization of the School the Post Judge Advocate provided legal assistance to armed forces personnel and dependents in the Charlottesville area Liaison has been established with the local Red Cross and Legal Aid Society to assist the department in their respective fields of expertise The caseload averages over 50 clients per month and consists of the type of problems customarily encountered in legal assistance offices in the field
The Post Judge Advocate is also responsible for processing claims anS1J1g from incidents in the Charlottesville area and transit damage for all local military personnel The School has authority to settle and pay claims up to $1000 Fifty-five claims were processed in Fiscal Year 1973
CPT Robie and Miss Brown
78
APPENDIX A
ORGANIZATIONAL ROSTER THE JUDGE ADVOCATE GENERALS SCHOOL
(As of 30 June 1973)
COMMANDANT COL John Jay Douglass
OFFICE OF THE SCHOOL SECRETARY
School Secretary LTC Edward C Seufert Post Judge Advocate and CPT William R Robie
Asst School Secretary Adjutant CPT Richard Lynch Chief Logistics CPT William K Thompson Budget Officer Mr Joseph S White Supply Sergeant SFC Eddie H Green Chief Services Division CPT Arthur R Shepherd Protocol Officer 2LT Richard D Lyles Manager Officers Open Mess SSG Joe Mauldin Librarian Mrs R Vivian Hebert
ACADEMIC DEPARTMENT
Director COL William S Fulton Jr Operations Officer MAJ John W Begiebing Project Officer CPT William S Hopson IV Assistant to Director CPT Thomas E Workman Paralegal Training Officer CW2 Charles L West Educational Advisor Mr John A Sanderson Deputy Director for MAJ James A Endicott Jr
Nonresident Instruction Extension Course Officer CPT Joseph W Hely Jr
Procurement Law Division
Chief MAJ Richard E Mowry Senior Instructor MAJ Terrence E Devlin Instructors CPT Richard C Bruning
CPT Thomas R Wagner
79
International amp Comparative Law Division
Chief MAJ James R Coker Senior Instructor MAJ James J McGowan Jr Instructors MAJ Charles A White
CPT David E Graham
Criminal Law Division
Chief LTC Hugh R Overholt Senior Instructor MAJ Paul H Ray Instructors MAJ Nancy A Hunter
MAJ Philip M Suarez MAJ Francis A Gilligan CPT William H Parks USMC CPT Jan Horbaly CPT Edward J Imwinkelried
Civil Law Division
Chief LTC David A Fontanella Senior Instructor MAJ Paul J Rice Instructors MAT Jack F Lane Jr
CPT George W Clarke CPT Bernard R Adams CPT Ronald C Griffin CPT Donald N Zillman
RESERVE AFFAIRS AND SPECIAL PROJECTS
Assistant Commandant for LTC Keith A Wagner Reserve Affairs
JAGC Reserve Components LTC James N McCune Career Management
Training Office
Chief CPT Eldon D Roberts
80
DEVELOPMENT DOCTRINE amp LITERATURE DEPARTMENT
Director Development Officer Professional Liaison Officer
Military Operations Management amp Plans
Chief InstructorProject Officer
Doctrine amp Literature
Chief Editor Military Law Review
LTC John L Costello Jr CPT Royal Daniel III CPT John D Horne
MAJ James R Wessel MAJ William J Dwyer
CPT Stephen L Buescher CPT Miles J Mullin
81
APPENDIX B
BACKGROUND INFORMATION ON OFFICER PERSONNEL
1 Active Duty Personnel (As of 30 June 1973)
COLONEL JOHN JAY DOUGLASS JAGC Commandant AB 1943 University of Nebraska JD 1952 University of Michigan MA 1964 George Washington University LLM 1973 University of Virginia Member of the Bars of Nebraska Michigan Republic of Korea and the US Court of Military Appeals
COLONEL WILLIAM S FULTON JR JAGC Director Academic Department JD 1950 University of New Mexico Member of the Bars of New Mexico US Court of Oaims US Court of Military Appeals and the US Supreme Court
LIEUTENANT COLONEL JOHN L COSTELLO JR JAGC Director Development Doctrine and Literature Department AB 1952 Dickinson College JD 1955 Qickinson School of Law MS 1964 Fletcher School of Law and Diplomacy Member of the Bars of Pennsylvania Republic of Korea and US Court of Military Appeals
LIEUTENANT COLONEL DAVID A FONTANELLA JAGC Chief Civil Law Division BS 1957 University of Connecticut JD 1964 UniversityofMichiganMEd 1973 University of Virginia Member of the Bars of Connecticut the US Court of Military Appeals and the US Supreme Court
LIEUTENANT COLONEL JAMES N McCUNE JAGC Chief Reserve Training BBA 1953 University of Toledo JD 1959 Georgetown University Law School LLM 1963 Georgetown University Law School Member of the Bars of Virginia the US Court of Oaims the US Court of Military Appeals and the US Supreme Court
LIEUTENANT COLONEL HUGH R OVERHOLT JAGC Chief Criminal Law Division BA 1955 JD 1957 University of Arkansas Member of the Bars of Arkansas US Court of Military Appeals and the US Supreme Court
LIEUTENANT COLONEL EDWARD C SEUFERT FA School Secretary BS 1955 University of Maine
LIEUTENANT COLONEL KEITH A WAGNER JAGC Assistant Commandant for Reserve Affairs BA 1954 JD 1964 Duquesne University Member of the Bars of Pennsylvania the District of Columbia US Court of Military Appeals and the US Supreme Court
83
MAJOR JOHN W BEGIEBING Armor Deputy Director Academic Department BS 1957 Norwich University MA 1968 Stanford University
MAJOR JAMES R COKER JAGC Chief International and Comparative Law Division BA 1960 University of Notre Dame LLB 1961 University of Notre Dame MA 1970 Fletcher School of Law and Diplomacy Member of the Bars of Indiana the US Court of Military Appeals and the Federal District Court of Maryland
MAJOR TERRENCE E DEVLIN JAGC Senior Instructor Procurement Law Division BPh 1962 University of North Dakota JD 1965 University of North Dakota School of Law Member of the Bars of North Dakota US Court of Military Appeals US Court of Garms and the US Supreme Court
MAJOR WILLIAM 1 DWYER JR Armor InstructorProject Officer Military Operations Management and Plans BS 1960 The Citadel
MAJOR JAMES A ENDICOTT JR JAGC Deputy Director for Nonresident Instruction Academic Department BS 1960 The Citadel JD 1968 George Washington University Member of the Bars of Virginia the US Court of Military Appeals and the US Supreme Court
MAJOR FRANCIS A GILLIGAN JAGC Instructor Criminal Law Division BA 1961 Alfred University 1D 1964 State University of New York at Buffalo LLM 1970 The George Washington University Member of the Bars of New York the US Court of Military Appeals and the US Supreme Court and admitted to practice before the Court of Appeals State of New York
MAJOR NANCY A HUNTER JAGC Instructor Criminal Law Division AB 1959 University of Colorado JD 1967 Georgetown Law Center Member of the Bars of Virginia the US Court of Military Appeals and the US Supreme Court
MAJOR JACK F LANE JR JAGC Instructor Civil Law Division BA 1963 University of the South LLB 1966 University of Virginia Law School Member of the Bars of Virginia the US Court of Military Appeals and the US Supreme Court
MAJOR JAMES J McGOWAN JAGC Assistant Chief International and Comparative Law Division BS 1959 Spring Hill College LLB 1962 New York Law School LLM 1970 Georgetown University Law School Member of the Bars of New York the US Court of Military Appeals and the US Supreme Court
MAJOR RICHARD E MOWRY JAGC Chief Procurement Law Division AB 1957 College of Emporia LLB 1960 Washburn University Member of the Bars of
84
Kansas the US Court of Claims the US Court of Military Appeals and the US Supreme Court
MAJOR PAUL H RAY JAGC Senior Instructor Criminal Law Division BS 1955 Connecticut State College LLB 1963 Duke University Law School Member of the Bars of North Carolina the US Court of Military Appeals and the US Supreme Court
MAJOR PAUL J RICE JAGC Senior Instructor Civil Law Division AB 1960 JD 1962 University of Missouri LLM 1970 Northwestern University Member of the Bars of Missouri Illinois the US District Court for the Northern District of lllinois USCourt of Military Appeals and the US Supreme Court
MAJOR PHILIP M SUAREZ JAGC Instructor Criminal Law Division AB 1960 Boston College LLB 1963 Harvard Law School LLM 1970 University of Michigan Member of the Bar of Massachusetts
MAJOR JAMES R WESSEL Armor Chief Military Operations Management and Plans BS 1958 United States Military Academy
CAPTAIN BERNARD R ADAMS JAGC Instructor Civil Law Division AB 1966 Brown University LLB 1969 Yale Law School Member of the Bars of New York and the US Court of Military Appeals
CAPTAIN RICHARD C BRUNING JAGC Instructor Procurement Law Division BBA 1965 University of Iowa JD 1968 University of Iowa Member of the Bars of Iowa the US Court of Military Appeals the US Court of Claims and the US Supreme Court
CAPTAIN STEPHEN L BUESCHER JAGC Senior Legal Editor BA 1966middot Allegheny College JD 1969 Case Western Reserve University Member of the Bars of Ohio and the US Court of Military Appeals
CAPTAIN ROYAL DANIEL III JAGC Combat Development Officer BA 1967 Yale University LLB 1970 LLM 1972 University of Virginia Member of the Bars of Virginia and the US Court of Miiitary Appeals
CAPTAIN DAVID E GRAHAM JAGC Instructor International and Comparative Law Division BA 1966 Texas AampM University MA 1968 The George Washington University JD 1971 University of Texas School of Law Member of the Bars of Texas and the US Court of Military Appeals
85
CAPTAIN RONALD C GRIFFIN JAGC Instructor Civil Law Division BS 1965 Hampton Institute JD 1968 Howard University Law School Member of the Bars of the District of Columbia and the US Court of Military Appeals
CAPTAIN JOSEPH W HELY JR JAGC Extension Course Officer BA 1969 Texas AampM JD 1972 St Louis University Member of the Bars of Missouri and the US Court of Military Appeals
CAPTAIN WILLIAM S HOPSON IV JAGC Project Officer Academic Department BA 1966 LLB 1969 the University of Virginia Member of the Bars of the State of Virginia and the US Court of Military Appeals
CAPTAIN JAN HORBALY JAGC Instructor Criminal Law Division BA 1968 1D 1969 Case Western Reserve Member of the Bars of Ohio and the US Court of Military Appeals
CAPTAIN JOHN D HORNE JAGC Professional Liaison Officer BS 196810 1971 University of Tennessee Member of the Bars of Tennessee and the US Court of Military Appeals
CAPTAIN EDWARD J IMWINKELRIED JAGC Instructor Criminal Law Division BA 196710 1969 University of San Francisco Member of the Bars of California and the US Court of Military Appeals
CAPTAIN RICHARD 1 LYNCH AGC Adjutant BS 1967 The Citadel MBA 1972 Florida State University
CAPTAIN MILES 1 MULLIN JAGC Editor Military Law Review Doctrine and Literature Division BA 1967 Texas Christian University JD 1970 St Marys Member of the Bars of Texas and the US Court of Military Appeals
CAPTAIN WILLIAM H PARKS USMC Instructor Criminal Law Division BA 1963 JD 1966 Baylor University Member of the Bars of Texas Washington and the US Supreme Court
CAPTAIN ELDON ROBERTS JAGC Career Management Officer Reserve Affairs BA 1960 JD 1961 University of North Dakota Member of the Bars of North Dakota and the US Court of Military Appeals
CAPTAIN WILLIAM R ROBIE J AGC Assistant School Secretary and Post Judge Advocate BA 1966 1D 1969 Northwestern University Member of the Bars of Illinois the US Court of Military Appeals and the US District Court for the Northern District of Illinois
86
CAPTAIN ARTHUR R SHEPHERD AGC Services Division Coordinator BS 1966 United States Military Academy
CAPTAIN WILLIAM K THOMPSON QMC Chief Logistics BA 1965 Marquette University JD 1968 University of Wisconsin Law School Member of the Bar of Wisconsin
CAPTAIN THOMAS R WAGNER JAGC Instructor Procurement Law Division BS 1967 Bucknell University JD 1970 Temple University Member of the Bars of Pennsylvania and the US Court of Military Appeals
CAPTAIN THOMAS E WORKMAN JAGC Assistant to Director Academic Department BS 1966 Ohio State University JD 1969 Ohio State University College of Law Member of the Bars of Ohio and the US Court of Military Appeals
CAPTAIN DONALD N ZILLMAN Instructor Civil Law Division BS 1966 JD 1969 University of Wisconsin LLM 1973 the University of Virginia Member of the Bars of California Wisconsin and the US Court of Military Appeals
CW2 CHARLES L WEST Paralegal Training Officer Academic Department
87
2 Mobilization Designees
COLONEL DEMETRI M SPIRO JAGC USAR Deputy Commandant AB University of Chicago 1941 JD DePaul University 1948 Private practice of law Chicago Illinois
COLONEL BENJAMIN H SCHLEIDER JAGC USAR Assistant Director Academic Department BS Agricultural and Mechanical College of Texas 1943 JD University of Houston 1950 Private practice of law Houston Texas
LIEUTENANT COLONEL MORRIS B PETERSON JAGC USAR Assistant Chief Civil Law Division BS University of Oklahoma 1949 LLB University of Oklahoma 1952 LLM New York University 1959 Dean of School of Law University of Tulsa School of Law
LIEUTENANT COLONEL DANIEL J MEADOR JAGC USAR Instructor Civil Law Division AB Auburn University 1949 LLB University of Alabama 1951 LLM Harvard University 1954 Professor University of Virginia School of Law
MAJOR JAMES L BLAWIE JAGC USAR Instructor Civil Law Division BA University of Connecticut 1950 AM Boston University 1951 JD University of Chicago Law School 1955 PhD Boston University 195-9 Professor of Law University of Santa Oara School of Law
MAJOR GEORGE KALINSKI JAGC USAR Instructor Civil Law Division AB Wayne State University 1957 JD Wayne State University 1959 LLM Harvard University 1964 Private practice of law Marina Del Rey California
MAJOR FRANCIS J LARKIN JAGC USAR Instructor Civil Law Division BS Holy Cross College 1954 LLB Georgetown University Law Center 1957 LLM Georgetown University Law Center 1958 Professor Boston College Law School
CAPTAIN WALTER T COX JAGC USAR Instructor Civil Law Division BS Oemson University 1964 JD University of South Carolina 1967 Private practice of law Anderson South Carolina
CAPTAIN ROBERT P DAVIDOW JAGC USAR Instructor Civil Law Division AB Dartmouth College 1959 JD University of Michigan 1962 LLM Harvard University 1969 Professor Texas Tech University School of Law
LIEUTENANT COLONEL AARON S CONDON JAGC USAR Assistant Chief Criminal Law Division BA University of Alabama 1950 LLB University of Mississippi 1952 Associate Professor of Law University of Mississippi
LIEUTENANT COLONEL FRANK W ELLIOTT JAGC USAR Instructor Criminal
88
Law Division BA University of Texas 1951 LLB University of Texas 1957 Professor University of Texas at Austin
LIEUTENANT COLONEL EDWARD L MAGILL JAGC USAR Instructor Criminal Law Division BBA University of Miami 1952 JD University of Miami 1957 Private practice of law Miami Florida
LIEUTENANT COLONEL BENJAMIN M WALL JAGC USAR Instructor Criminal Law Division AA and AB Nebraska and Duke Universities 1951 LLB Harvard Law School 1953 Private practice of law Omaha Nebraska
MAJOR CHAPIN D CLARK JAGC USAR Instructor Criminal Law Division AB Kansas University 1952 LLB Kansas University 1954 LLM Columbia University 1959 Professor of Law University of Oregon
MAJOR THEODORE F FAY JR JAGC USAR Instructor Criminal Law Division BA State University of Iowa 1959 JD State University of Iowa 1962 Private practice of law Hugoton Kansas
CAPTAIN THOMAS C MARKS JR JAGC USAR Instructor Criminal Law Division BS Florida State University 1960 LLB Stetson University 1963 PhD University of Florida 1971 Professor Stetson Law School St Petersburg Florida
LIEUTENANT COLONEL PAUL D SUMMERS JR JAGC USAR Instructor International and Comparative Law Division BS U S Military Academy 1951 LLB University of Virginia School of Law 1957 Trust Officer Citizens Bank amp Trust Company Charlottesville Virginia
MAJOR PASCO M BOWMAN JAGC USAR Instructor International and Comparative Law Division BA Bridgewater College 1955 LLB New York University 1958 Dean Wake Forest University School of Law
MAJOR PAUL M GREEN JAGC USAR Instructor International and Comparative Law Division BBA University of Texas 1957 LLB and JD University of Texas 1957 Private practice of law San Antonio Texas
MAJOR FREDERICK GOLDSTEIN JAGC USAR Instructor International and Comparative Law Division BA Yale University LLB University of Virginia 1958 Private practice of law Boston Massachusetts
CAPTAIN JORDAN J PAUST JAGC USAR Instructor International and Comparative Law Division AB University of California 1965 J S University of California 1968 LLM University of Virginia 1972 J SD Candidate Yale Law School New Haven Connecticut
89
CAPTAIN EDWARD F SHERMAN JAGC USAR Instructor International and Comparative Law Division AB Georgetown University 1959 MA (History) University of Texas 1967 MA (English) University of Texas 1967 LLB Harvard 1972 Assistant Professor Indiana University School of Law Bloomington Indiana
LIEUTENANT COLONEL DONALD H HEDGES JAGC USAR Instructor Procurement Law Division BA University of Washington 1950 LLB University of Washington 1954 Attorney U S Department of Commerce Seattle Washington
MAJOR DONALD T WECKSTEIN JAGC USAR Assistant Chief Procurement Law Division BBA University of Wisconsin 1954 LLB University of Texas 1958LLM Yale Law School 1959 Professor San Diego School of Law San Diego California
MAJOR STRATTON R HEATH JAGC USAR Instructor Procurement Law Division BBA University of Wisconsin 1959 JD University of Wisconsin 1961 Attorney Office of Regional Counsel HITCO Denver Colorado
MAJOR JOHN S MILLER III JAGC USAR Instructor Procurement Law Division BA Hamilton College 1959 LLB University of Virginia 1962 LLM National Law Center George Washington University 1970 Attorney Office of General Counsel GSA Washington DC
MAJOR ROBERT L McCLOSKEY JAGC USAR Assistant Chief Special Training Division ~LB Georgetown University Law Center 1954 LLM Georgetown University Law Center 1955 Attorney Appalachian Regional Commission Washington DC
LIEUTENANT COLONEL EDWARD J ATKINS JAGC USAR Assistant Director Developments Doctrine and Literature Department LLB University of Miami 1963 Private practice of law Miami Florida
CAPTAIN DAVID C CUMMINS JAGC USAR Legal Writer Developments Doctrine and Literature Department BS University of Idaho 1957 LLB University of Washington 1960 Professor Texas Tech University Lubbock Texas
CAPTAIN STEPHEN DAVIS JAGC USAR Legal Writer Developments Doctrine and Literature Department BA Dickinson College 1960 LLB Columbia University 1963 Assistant District Attorney Kings County New York
CAPTAIN WINSTON M HAYTHE JAGC USAR Project Officer Office of the School Secretary BS Southwest Missouri State College 1963 JD College of William and Mary 1967 Private practice of law Washington DC
CAPTAIN CHARLES P ROSE JR JAGC USAR Project Officer Office of the School Secretary AB College of William and Mary 1964 JD Western Reserve University 1967 Assistant Professor Wake Forest University School of Law Winston-Salem North Carolina
90
APPENDIX C
ALLIED STUDENTS - FY 1973
LTC Leon O Ridao Philippines 21 st Advanced Class
MAJ Feraidoon Haji-Aboutaleb Tehrani Iran 21 st Advanced Class
Squadron Leader S M Anwar Pakistan Air Force 21 st Advanced Class
MAJ D H D Selwood United Kingdom 66th Basic Course
CPT Husni Salem AI Omari Jordan 66th Basic Course
91
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APPENDIX F
THESIS TOPICS AND SCOPE NOTES 21 st ADVANCED CLASS
CAPTAIN EILEEN M ALBERTSON USMC The Reversion of Okinawa Its Effect on the International Law of Sovereignty Over Territory
This thesis will analyze the principle that sovereignty over territory once recognized is perpetual and absolute until it is contractually agreed otherwise To do this Okinawa will be used as the factual model and four generally recognized principles of international law will provide the legal basis for discussion After setting the factual and legal stage a determination will be made as to Okinawa IS legal status in the international community the significance of that status the effect of the reversion of Okinawa as evidence of the acceptance of the proposed principle as well as its significance as a basis of major precedent in establishing the principle as international law Finally the relevance of the principle and its applicability and enforceability in a present day situation namely the Middle East crisis will be evaluated
SQUADRON LEADER SHEIKH MUHAMMAD ANWAR Pakistan Administration of Justice in the Pakistan Air Force
A brief review of the development of Pakistan is presented as a background for an explanation of the legal system of the Pakistan Air Force Major aspects of criminal legal system are discussed and include the jurisdictional extent of Air Force law over persons for investigation of charges and summary punishments organization structure and procedures of courts-martial and appellate and constitutional rights of service members Based on a comparative analysis of Pakistan and US military laws recommendations for improvements in limited areas of both systems are presented and discussed
CAPTAIN H JERE ARMSTRONG The Right of Confrontation=Then and Now
This article presents a study of the historical development of the Sixth Amendment Right of Confrontation in Federal and Military courts an analysis of seven tests suggested by the courts for determining when there has been a confrontation within the meaning of the Constitution and a consideration of the term actual unavailability as it relates to the admissibility of extrajudicial declarations in trials by court-martial
MAJOR JAMES A BADAMI Servicemens Unions Constitutional Desirable Practical
This paper examines the historical development of labor-management relations in
97
the private and the public sectors in seeking understanding of the basis for proposed servicemen IS unions It discusses the applicability and limitations of First Amendment rights to members of the military illustrated in court cases and administrative regulations A theoretical justification for such unions is based on successful examples from foreign countries aspects of unionism already present in the American military system and the demonstrated need for unions as an effective grievance procedure The conclusion offers guidelines and boundaries for the operation of servicemen IS unions within the military
LIEUTENANT COMMANDER ROBERT C BERKLEY USN Tax Planning and the Middle-Income Military Investor
This thesis presents an examination of present federal laws relating to tax planning for the middle-income military investor The analysis includes suggestions for tax minimizatiori for the military investor in securities and real estate as well as tax advice designed to assist the military investor in his ultimate goal of family security
MAJOR RICHARD S BUCK IV What Privileges Does the King Still Have in the Market Place
The defense of sovereign acts permits the Government to perform general and public acts as opposed to contractual acts and not be financially responsible to its contractors for the consequences of such acts This paper describes the past history of this doctrine and how it is applied today in such areas as minimum wage laws diplomatic affairs military operations excusable delay internal government operations etc Some changes in this doctrine could be made by changes in standard Government contract provisions
CAPTAIN BERNARD ROLLINS CARPENTER Enlistment--A Contract Status or Marriage
An historical approach to determine the legal nature of the enlistment relationship reveals potential issues which may be a basis for substantial litigation The enlistment relationship as an alleged legal contract and potential legal premises resulting therefrom are questioned in light of statutory enactments and court decision Suggested alternatives to the relationship by courts and writers are reviewed and analyzed for legal efficacy A seemingly settled area may become quite controversial as a volunteer Army is realized The purpose of this thesis is to point out potential areas of dispute define the relationship and suggest possible alternatives
CAPTAIN GEORGE W CLARKE Political Activity of Servicemen The Military Hatch Act and the First Amendment
Political activity by members of the armed forces is severely limited by military
98
regulations This regulatory scheme raises fundamental questions regarding the extent to which the First Amendment applies to servicemen the authority for promulgation of the regulations and the underlying reasons asserted to justify the restrictions This thesis attempts to answer those questions
CAPTAIN JAMES P COLEMAN Waiver by Guilty plea
This thesis examines the doctrines of waiver by guilty plea in military law and formulates a tentative rule by which current and future waiver issues may be analyzed In addition possible future developments in this evolving area of litigation are examined with reference to their probable effect upon the current state of the law
MAJOR DAVID B CRAIG Control and Discipline in the United States Army Reserve
This thesis will present an analysis of the procedures available to the US Army Reserve Unit Commander for the control and discipline of his troops to include a determination of unsatisfactory participation involuntary call to active duty administrative reduction and elimination Additionally this thesis will silhouette the present system against the desires and concepts of the modern volunteer Army to produce specific suggestions and recommendations for the future
CAPTAIN JERALD D CROW USMC Emoluments of Military Service as Community Property
The effects of community property law upon military emoluments are little known nor considered by servicemen Military attorneys counseling servicemen contemplating divorce in community property states are usually unfamiliar with community property implications and have no readily available source of information The author has drawn together the bulk of cases from all community property jurisdictions construing military emoluments An analysis is made of major cases problem areas discussed and conclusions presented as to the commun~ty character of each emolument considered Recommendations are made for dealing with possible problem areas
MAJOR LEONARD H DANCHECK Forgotten My Lais US Intervention Occupation and Pacification in Haiti (1915-1920)
This artic1~ is a case study of the causes and background of the 1915 United States intervention in Haiti the subsequent United States occupation of the country the suppression in 1919-1920 of the insurrection that developed in opposition to American control the alleged atrocities committed during the suppression the reaction to the alleged atrocities by the nations press and the investigations of the alleged atrocities by the Navy Marine Corps and the United States Senate
99
CAPTAIN HOWARD C EGGERS The Specificity Required in Military Search Warrants
This thesis discusses the need for a definite description of the place to be searched and the things to be seized in military search warrants It is an attempt to define specificity standards for the use of military magistrates in drafting warrants An analysis of current civilian standards as revealed in federal case law and present military practices in the search area establishes certain guidelines to be followed
CAPTAIN RUSSELL J FONTENOT Development of the Staff Legal Officers Responsibility Under the Law of War
A study of the origins and development of the criminal responsibility of the individual staff legal officer under the law of war consideration is given to both the effects of international law and the municipalized law of war a detailed analysis is made of the substantive international standards announced at Nuennberg and how these standards were applied not only to the lawyer but also to the commander and his other staff officers
CAPTAIN ROBERT M FRAZEE Flag Desecration Symbolic Speech and the Military
To analyze federal law selected state laws and Army regulations concerning flag desecration as it pertains to freedom of speech Emphasis will be placed upon the public and private interests what is meant by desecration of the flag what is a flag within the meaning of these statutes and what are the particular military interests and responsibilities in the enforcement of flag desecration statutes
MAJOR WENDELL R GIDEON Federal Medical Care Recovery Act Methods and Sources of Recovery and the Impact of No-Fault Insurance
This thesis examines the methods and sources of recovery under the Federal Medical Care Recovery Act and recommends ways of increasing their effectiveness In addition an analysis is made as to the impact that no-fault insurance will have upon the recovery program and to recommend ways of solving the problems which no-fault legislation appears to have created to include enactment of National No-Fault Law and amending the Federal Medical Care Recovery Act itself
CAPTAIN DEWEY CABELL GILLEY JR Using Counsel to Make Military Pretrial Procedure More Effective
An examination of what the role of counsel in pretrial procedure in the military should be Specifically when the right of counsel attaches currently and under constitutional standards what the role of counsel is in pretrial procedure in the military and in civilian jurisdictions and what the role of counsel would be in pretrial procedure
100
as changed by Army pilot programs and by proposed amendments to the Uniform Code of Military Justice The thesis recommends utilizing the safeguards of civilian jurisdictions in pretrial procedure in the military in a way which will preserve command responsibility for morale and discipline
CAPTAIN CHARLES H GIUNTINI Motivating the Military Lawyer
The current retention outlook concerning Judge Advocate General officers and the projections regarding the retention problems of the future require critical analysis of all aspects of the management of those serving on active duty in the corps This thesis discusses the concept of job safisfaction in an attempt to provide the Judge Advocate Manager meaningful suggestions concerning the motivation of the military lawyer
CAPTAIN JOHN C GOLDEN III Doctrine of Immunity Regarding Military Personnel and Federal Employees for Official Acts
An examination of personal liability and the doctrine of immunity pertaining to military personnel and other federal employees for tortious conduct arising from official acts with proposals for providing adequate remedies
CAPTAIN ARTHUR G HAESSIG The Soldiers Right to Procedural Due Process The Right to be Heard
An analysis of the enlisted soldiers right to be heard as an element of procedural due process in certain adverse personnel actions In particular an analysis of present Army regulatory procedures and the due process right to be heard in the revocation of security clearances enlisted separation for unfitness and unsuitability enlisted reduction for civil conviction and for inefficiency bars to reenlistment reclassification of the enlisted soldiers Military Occupational Specialty (MOS) and to the extent that the soldiers career is adversely affected by the preceding actions the Armys Qualitative Management Program The analysis examines thes~ procedures in light of current law and proposes a general regulatory change to insure the soldiers right to be meaningfully heard
MAJOR WILLIAM J HEMMER Violation of the Military Superior--Subordinate Relationship is a Crime Isn It
In the midst of vast hue and cry for the civilization of military justice exists a strident count~rvailing assertion that the Armys discipline is goinghas gone to hell in a handbasket because military justice is too civilianized The author undertakes an interdisciplinary examination of a microcosm the application of criminal sanctions to fraternizations by an officer with an enlisted man From this examination conclusions are drawn as to the dilemma of the larger unity
101
CAPTAIN FRANKLIN D HOLDER USMC A Historical Development of Mutiny
A study of the federal and military acts of mutiny with particular emphasis on the historical development of the substantive law and the jurisdictional aspects
MAJOR WAYNE R ISKRA The Right to Privacy in the Military Service
Trace the historical role of the commander to conduct inspects and briefly compare it with the role of the commander in authorizing searches based on probable cause Compare the military case law on the right of the commander to inspect barracks on post housing place of duty and conduct inventories with the recent civilian case law involving inspections by governmental agencies on private homes and businesses Evaluate the VOLAR concept which appears to place emphasis on making military life more attractive to the soldier ie individual rooms in barracks with the need to solve pressing military problems ie drug abuse Attempt to reach some conclusions as to whether the right of the commander to conduct inspections can andor should b~ broadened I intend to utilize military and civilian law review articles legal and nonlegal publications and civilian and military court decisions with special emphasis on US v Biswell 40LW4489 (1972) and US v Grace 42 CMR 11 (1970)
MAJOR THOMAS A KNAPP Problems of Consent in Medical Treatment and Human Experimentation
After a general review of the history and origin of informed consent the thesis concentrates on the nature of consent with emphasis on the consent form inquiry into the emergency doctrine an analysis of the qualified right of an adult to refuse medical care and an examination of informed consent in human experimentation with comment on the Tuskegee Study The author concludes that a revision of consent forms should insure that the individual has given informed consent that the Army Regulation dealing with the refusal of medical care should be revised to comport with civilian standards and a disinterested third party assist in obtaining informed consent in the area of human experience
CAPTAIN WILLIAM J LEHMAN Suffer the Little Children Child Maltreatment in the Military
This paper examines child maltreatment in an historical context and traces the evolution of civilian laws designed to protect maltreated children The existence of child maltreatment in military families is documented and an analysis made of the existing methods for dealing with the problem within the military The problems peculiar to administration of a child welfare system by the military including jurisdiction and available resources are examined in depth Recommendations are advanced for improving the
102
handling of child maltreatment in the military environment
LIEUTENANT COLONEL MARTIN R LOFTUS What is a Custodial Interrogation in
Military Legal Practice
The objective of this thesis is to determine what is a custodial interrogation in military legal practice Analysis includes a determination of when an interrogation becomes custodial examining five possible texts of focus subjective belief of the person being questioned objective belief of the person being questioned subjective intent of arresting officer and whether the person being questioned is objectively or subjectively a suspect In addition an analysis is also made of what is an interrogation examining the areas of spontaneous statements verbal acts searches handwriting and voice identification
MAJOR HALDANE ROBERT MAYER Constitutionality of Commander Authorized Searches and Seizures
This is a study of the evolution of the constitutional mandate that searches be authorized by neutral and detached magistrates and not by officials engaged in the police activities of government The core of the study is an investigation of search authorization practices in military law specifically the Army and a judgment as to their compliance with the Supreme Courts Fourth Amendment requirement of impartiality on the part of the officer who authorizes searches Recommendations for change in the military process conclude the study
CAPT AIN KENNETH M MITCHELL Is Article 117 Unconstitutional Due to Vagueness and Contrary to the First Amendment
This thesis presents a review and analysis Qf past military decisions involving the offense of Article 17 provoking words and gestures with particular emphasis on the question whether Article 17 is unconstitutional due to vagueness and contrary to the protection afforded by the First Amendment
MAJOR CHARLES A MURRAY The Power of the Post Commander to Proscribe Speech and Expression
A study of the power of the post commander to proscribe speech and expression on post with particular emphasis on those powers explicitly set forth by statutes those powers implicit by statutes and regulations and the recent case law with a view towards ascertaining the current legal status of those powers
103
CAPTAIN WILLIAM J NORTON II United States Obligations Under Status of Forces Agreements A New Method of Extradition
This article examines the rights and obligations acquired and undertaken by the United States Government and its Armed Forces under the numerous Status of Forces Agreements concluded by the United States since 1951 to determine whether the United States has any international duty stemming from those agreements to return to foreign states or in effect to extradite individuals who allegedly commit crimes in the foreign state but happen to depart that state before its full criminal processes have been exhausted
CAPTAIN MAURICE J OBRIEN Scanwell-Light at the End of the Tunnel
This article analyzes an unsuccessful bidders entitlement to judicial review of a procurement award It also examines the judicial remedies available to an unsuccessful bidder and the rules and procedures for their application It evaluates the effects and the effectiveness of the judicial relief provided and it concludes with a suggestion for a more appropriate review procedure
CAPTAIN WILLIAM H PARKS USMC Command Responsibility
A comparative analysis of war crimes trials involving command responsibility in order to determine the standards required of a military commander in combat with regard to prevention investigation reporting and prosecution of war crimes Included in this examination will be a view of the criminal responsibility of the com bat commander possible offenses and the question of degree of intent required
CAPTAIN FRANK J PYLE JR Light at the End of the Tunnel-Prison Exile or Amnesty
Beginning with the backdrop of dissent and the end of United States participation in Vietnam the history of amnesty is examined The emphasis is on United States history and the sources of authority for granting amnesty in the United States To focus on todays situation the possible amnesty claimants are examined as well as the forms in which an amnesty might be granted Considerations and arguments for and against granting amnesty are given Possible implementation is examined with a prediction as to the possibility of a post-Vietnam amnesty
CAPTAIN ROYCE C RICH Liability Under the Federal Tort Claims Act During Permanent Change of Station Travel
The purpose of this thesis is to examine the divergent holdings of the various United States Circuit Court of Appeals on the issue of scope of employment under the Federal
104
Tort Claims Act in the case of nilitary personnel during permanent change of station travel An analysis will be made of the factors considered by the courts in their opinions and a comparison will be made with the legislative intent of Congress when it passed the Federal Tort Claims Act Finally appropriate corrective action will be outlined which will help preserve the intent of Congress when it passed this Act
LIEUTENANT COLONEL LEON O RIDAO Republic of the Philippines The Philippine Claims to Internal Waters and Territorial Sea An Appraisal
Who shall control the seas and for what purposes These Professor Schewebel states are the great issues involved in the contemporary worldwide struggle over the content of the law of the sea Nations of the world have been confronted with these issues ever since the great voyages of discoveries and the growth of navies of the States Recent advances in technology have heightened the conflict In view of such technological strides more and more States have found greater need for the exercise of sovereignty or jurisdiction over larger portions of the sea adjacent to their coasts than ever before Asserted interests are diverse and important The result is the rise of so many competing national claims that it may well be said that the present international law of the sea like the sea itself is in perpetual movement it is in a state of upheaval
The Republic of the Philippines consider as part of its national territory all the waters lying within the international treaty limits of the Philippines
It is the purpose of this study to determine the validity under international law of these Philippine claims to its internal waters and territorial sea
CAPTAIN JEROME W SCANLON JR The Scope of a Search Incident to a Lawful Arrest
This thesis presents an analysis of the law of the scope of a search incident to a lawful arrest as developed by the United States Supreme Court and other courts The author develops the rationale used to formulate the rules in the three types of areas which are the subject of such a search-the premises where the arrest took place the vehicle driven or occupied by the accused at the time of arrest and the search of the arrestees person This thesis also outlines the considerations which must be taken into account by the arresting police officers and the prosecuting attorney in order to sustain a particular search
CAPTAIN WILLIAM N SCHNELL The Decline of the Judicial Doctrine of Nonreviewability of Military Decisions Ordering or Denying Discharges
An examination of recent federal court decisions revealing an increased judicial trend to review some administrative proceedings affecting internal matters of the military and maintaining the traditional judicial doctrine of nonreviewability of military discretionary acts
105
CAPTAIN TIMOTHY J SIMMONS The Post Trial
This thesis briefly examines the historical antecedents to the present post trial review It then discusses the present requirements which have been imposed statutorily and judicially Alternative approaches to the present formalized system are discussed and specific recommendations are made to create a more workable post trial review Finally an interim approach is recommended to reduce the problems with the post trial review until statutory changes can be made
MAJOR FERAIDOON H TEHRANI Imperial Iranian Army Comparison of Military and Civilian Criminal Procedures in Iran
This paper examines the criminal proced ures in the military and civilian courts in Iran Where the procedures are similar the military court procedure is discussed otherwise the differences are reviewed and compared in detail
CAPTAIN CHARLES W TRAINOR The Buy American Act An Examination Analysis and Comparison
This study examines the principles of the Buy American Act from its inception through its present application noting those consistencies and inconsistencies with the original legislative intent of the 1933 Act and resultant effect of the Executive Order of 1954 The Act is further compared with the Most Favored Nation IS Gause and the exculpatory paragraphs of the General Agreements on Tariffs and Trade dealing with buy-national policies of its member states The buy-domestic policies of seventeen nations are then set forth distinguishing the United States policy as enumerated in the Act Concluding the study are suggestions for further implementation of the Act making it more responsive to those it was intended to serve
MAJOR CHARLES A WHITE JR Residual Value--Candles and Costs
This paper discusses the problems inherent in the recovery of residual value for United States investments in the Federal Republic of Germany 1963-1973 It details the background of the US operations concerning real estate through the Occupation Period (1945-1955) and into the Contractural Relations Period (1955-1963) The negotiations of the Damages and Residual Value Articles of the Supplementary Agreement is covered in detail The paper encompasses all legal and practical aspects arising under the provisions of Articles 41 and 52 as they pertain to residual value A general world-wide survey of the subject is not included
106
APPENDIX G
GUEST MEMBERS THESIS EVALUATION COMMITTEES 21 st ADVANCED CLASS
Brigadier General Edmund Montgomery USAR Lieutenant Colonel Thomas H Davis
Administrative Law Division OTJAG Colonel R D Michelson
USMC HQ U S Marine Corps Washington D C Professor Robinson O Everett
Duke University Durham North Carolina Dr Thomas H Hunter
UVA Medical School Professor Lawrence Gaughan
Washington amp Lee University School of Law Lieutenant Colonel Wayne E Alley
Judge U S Army Court of Military Review Professor John Ritchie
UVA Law School Major General Kenneth J Hodson
Chief Judge U S Army Court of Military Review Lieutenant Colonel Richard McNealy
Deputy International Affairs Division OTJAG Professor Walter J Wadlington
UVA Law School Mr James Michael
Office of Legal Adviser Department of State Major William G Eckhardt
Litigation Division OTJAG Lieutenant Colonel Ronald M Holdaway
Chief Government Appellate Division OTJAG Professor Richard E Speidel
UVA Law School Professor Carl McFarland
UVA Law School Professor Charles H Whitebread
UV A Law School Mr John Schulz
Editor-in-Chief Military Law Reporter Washington D C Colonel Joseph Van Oeve Jr
Chief Contract Appeals Division OTJAG
107
Colonel William T Rogers Senior Judge U S Army Court of Military Review
Professor James Bond Washington amp Lee University School of Law
Professor Donald Curtis Administrative Assistant Graduate School of Business Administration UVA
Brigadier General Lawrence H Williams Assistant Judge Advocate General for Military Law OTJAG
Mr Philip M Wilson U S Army Claims ServiceFt Meade Maryland
LCDR Thomas R Santfer HQ Department of the Navy Washington D C
Major Frank Stone SOFA Team Chief International Affairs Division OTJAG
Mr Waldemar A Solf Chief International Affairs Division OTJAG
Colonel Alton H Harvey Chief Military Justice Division OTJAG
Lieutenant Colonel Abraham Nemrow (Ret) Clerk Court of Military Review
108
APPENDIX H
21st ADVANCED CLASS GRADUATES
CPT Eileen M Albertson USMC CPT Franklin D Holder USMC SQUAD LDR Sheikh Muhammad Anwar MAJ Wayne R Iskra CPT Henry J Armstrong CPT Henry C Karlson MAJ James A Badami MAJ Thomas A Knapp LCdr Robert C Berkley USN CPT William J Lehman MAJ Richard S Buck IV LTC Martin R Loftus CPT Bernard R Carpenter MAJ Haldane R Mayer CPT George W Clarke CPT Kenneth M Mitchell CPT James P Coleman MAJ Charles A Murray MAJ David B Craig MAJ William J Norton II CPT Jerald D Crow USMC CPT Maurice J OBrien MAJ Leonard H Dancheck CPT William H Parks USMC CPT Howard C Eggers CPT Frank J Pyle Jr CPT Russell J Fontenot CPT Royce C Rich CPT Robert M Frazee LTC Leon O Ridao MAJ Wendell R Gideon CPT Jerome W Scanlon Jr CPT Dewey C Gilley Jr CPT William N Schnell CPT Charles H Giuntini CPT Timothy J Simmons CPT John C Golden III CPT Feraidoon H Tehrani CPT Arthur G Haessig CPT Charles W Trainor MAJ William J Hemmer MAJ Charles A White Jr
109
APPENDIX I
ACADEMIC AWARDS 21 st ADVANCED CLASS
HIGHEST OVERALL CLASS STANDING
Award for Professional Merit -- American Bar Association
CAPTAIN GEORGE W CLARK CAPTAIN HOWARD C EGGERS CAPTAIN HENRY C KARLSON
SECOND HIGHEST OVERALL CLASS STANDING
Award for Professional Merit -- The Judge Advocate Generals School
CAPTAIN DEWEY C GILLEY JR
HIGHEST STANDING IN CIVIL LAW
Award for Distinguished Accomplishment - Judge Advocates Association
CAPTAIN HENRY C KARLSON
HIGHEST STANDING IN CRIMINAL LAW
Judge Paul W Brosman Award -- United States Court of Military Appeals
CAPTAIN HENRY C KARLSON
HIGHEST STANDING IN INTERNATIONAL AND COMPARATIVE LAW
Award for Distinguished Accomplishment - The Judge Advocate Generals School
CAPTAIN HENRY C KARLSON
HIGHEST STANDING IN MILITARY COMMAND AND STAFF
Plaque - Association of the United States Army
CAPTAIN DEWEY C GILLEY JR
III
HIGHEST STANDING IN PROCUREMENT LAW
Award for Distinguished Accomplishment -- The Foundation of the Federal Bar Association
CAPTAIN HOWARD C EGGERS
OUTSTANDING THESIS
Award for Distinguished Scholarship -- The Judge Advocate Generals School
CAPTAIN GEORGE W CLARKE
112
APPENDIX J
65th BASIC CLASS GRADUATES
CPT Robert F Apgar CPT Kenneth L Baker LT Robert L Beauregard USCE CPT Paul C Besozzi CPT Burk E Bishop CPT Charles W Boohar J r CPT Mack W Borgen CPT Victor S Carter Jr CPT Michael R Caryl CPT Joseph W Ca~per
CPT Madge K Casper CPT Dayton M Cramer CPT David M Curtis CPT Charles B Dickson MAJ Alfred J Dirska CPT Robert D Doane CPT Terence M Donnelly CPT John E Dorsey LT Winona G Dufford USCG CPT Jerry G Du Terroil CPT David R Dowell CPT Stephen A J Eisenberg LT Robert W Ferguson USCG LT Philip L Font USCG CPT Raymond G Frere CPT John W Fryer CPT John P Halvorsen CPT Patrick K Hargus CPT Dennis E Harrold CPT James R Hill Jr CPT John R Hill CPT Earl T Hilt s LT Franklin D Hoffman Jr USCG LT Francis P Hopkins Jr USCG CPT Harry D Hoskins III
66th BASIC
CPT Thomas B Allen CPT James W Almand
CPT George W House CPT Sammy S Knight CPT Gary J Krump CPT Ralph E Larson CPT Fredric I Lederer CPT Gerald J Leeling CPT David R Lorence CPT John W Lewis CPT John R MacPherson CPT Gary R McSpadden CPT Peter H Mathis CPT Jack H Morgan LT Howard S Myers III USCG CPT Joyce E Plaut CPT Peter K Plaut LT Robert J Reining USCG CPT Nicholas P Retson CPT George D Reynolds CPT Paul A Robblee Jr CPT Stephen H Rovak CPT John G Sauer CPT Lawrence L Severson LT William B Short Jr USCG CPT Dale B Smith CPT Nick J Staihar CPT Lewis R Stark CPT Richard G Stein LT James J Tamulski USCG CPT Thomas N Tromey CPT Vaughan E Taylor CPT Stephen G Varga CPT Dennis J Wing CPT Donn T Wonnell CPT Edward R Ziegler LT Stephen H Zimmerman USCG
CLASS GRADUATES
CPT Richard S Blakely CPT Alexander L Blondeau Jr
113
CPT Paul L LuedtkeCPT Stanley D Brown CPT Robert A McSorley CPT Chester H Budz CPT Ronald J MedarisCPT Richard W Cairns CPT Larry S MerckCPT Barry N Capalbo CPT Donald Morgan CPT John E Caulking CPT Philip E Mullin CPT Peter B Crary CPT Husni Salem Omari Jordanian Army CPT Willis D Cronkhite III CPT Frank T Pandora II CPT Patrick F Crow CPT Jerry R ProthroCPT King K Culp CPT Joseph A RehyanskyCPT James R Dedrick CPT Eldon D RobertsCPT Peter M Desler CPT Robert W SchiveraLT John H Distin USCG CPT John F SchmutzCPT Daniel J Dykstra Jr CPT Gerald A SchroederCPT James S Eakes CPT Paul M ScottCPT Frank B Ecker Jr CPT John R SeeronenCPT Robert D Ganstine CPT Ruurd C SegaarCPT James L Goetz MAJ David HD Selwood British Army CPT Michael H Gottesman CPT Frederic N SmalkinCPT Keith H Harnack CPT Brian K SmithCPT John D Hand CPT Ronald M SmithCPT Joseph W Hely Jr CPT Stephen L SmithCPT Ted B Herbert CPT Shelby L Starling JrCPT James A Hightower Jr CPT Richard T St Clair CPT Paul F Hill CPT Guyton O Terry JrCPT Stephen A Husman CPT Lewis L Thompson JrCPT Joseph P Kulik Jr CPT Harry A Tucker Jr CPT Harry L Lamb Jr CPT Lanny T Winberry CPT Lafayette J Lamb CPT Lawrence E Wzorek CPT Mark R Lindenmeyer
67th BASIC CLASS GRADUATES
CPT Raymond R DeckertCPT George W Bailey Jr CPT Leroy L De NooyerCPT William J Baker CPT John J DioguardiCPT K Reid Berglund CPT Chauncey W Durden III CPT William G Berkson CPT Gregory L EdlefsenCPT John D Billingslea Jr CPT William H EldridgeCPT Jack T Brooks CPT Ray A FarringtonCPT Edward G Bryant CPT Dominic A Femino JrCPT Stephen R Burns CPT Frank T FlanneryCPT Demmon F Canner CPT Cecil G Foster JrCPT Richard A Cefola CPT Charles C FreyerCPT Matthew J Coco CPT William P FugelsoCPT Peter J Curry CPT Russell J GeoffreyCPT Lawrence R Daniels
114
CPT Jerry H Gilbert CPT Daniel R Grills CPT Robert L Guinn CPT Alfred H Juechter Jr CPT Marshall M Kaplan CPT Douglas 1 Kaukl CPT Donald L Ketels Jr CPT Dennis A Klejna CPT Carlos E Lazarus CPT Jerome L Lemberger CPT John J Madden Jr CPT Frank C Marshall Jr CPT John B Martin CPT Carlos G Martinez CPT Everett D Marvin III CPT Roger K Masuda CPT Dale V Matthews CPT Daniel C McCarthy CPT Samuel P Militello CPT Clifford J Moy CPT Paul S Murphy CPT Steven D Needle CPT Charles M Nester CPT John K Northrop
CPT James M Norton CPT Willard E Nyman III CPT Louis F Pine II CPT Robert A Prentice CPT Herbert L Raiche CPT John T Rank CPT Michael G Rice CPT Wayne G Rod CPT James H Rosenblatt CPT Michael L Rudasill CPT James A Rupp CPT Stephen V Saynisch CPT Benjamin H Settle CPT Charles W Sheehan Jr CPT Anthony J Siano CPT Douglas C Smith CPT William L Sossaman CPT Craig L Stevenson CPT Marshall M Sweeney CPT Allan A Toomey CPT Martha J Trudo CPT John K Vreeland CPT Craig M Wilson CPT Eduard T L Zijlstra
68th BASIC CLASS GRADUATES
CPT Richard C Bentley CPT Fay the A Blake CPT John R Bone LT Robert G Bright USCG CPT William 1 Caron CPT Larry G Cecil CPT Ronald L Chapman CPT Hugh E Cherry CPT Michael C Denny CPT Graydon W Dimkoff CPT Ronald E Erickson CPT Ralph J Frick Jr CPT Lester M H Goo CPT Glenn S Hara CPT William C Jaekel CPT Thaddeus J Keefe III
CPT Leslie E LeDoux II CPT Robert A Long Jr CPT William G F Mill er CPT Kenneth E Mitchell LT James D Morgan USCG CPT Robert E Morris CPT Vahan Moushegian Jr CPT Frank R Newett CPT Richard H Nixon CPT James P Ring CPT Conrad J Rybicki CPT Ronald J Shea LT John E Shkor USCG CPT Lawrence A Smith CPT Frank J Wagner Jr CPT Alvern C Weed
115
bull
APPENDIX K
BASIC CLASS ACADEMIC AWARDS
American Bar Association Award for Professional Merit (highest overall academic standing)
CPT Robert F Apgar 65th Basic CPT Lawrence E Wzorek 66th Basic CPT John K Vreeland 67th Basic CPT Robert A Long Jr 68th Basic
Commandants Award for Professional Merit (second highest overall academic standing)
CPT John R MacPherson 65th Basic CPT Frederick N Smalkin 66th Basic CPT John T Rank 67th Basic CPT Glenn S Hara 68th Basic
Judge Paul W Brosman Award United States Court of Military Appeals (highest standing in Criminal law subjects)
CPT Robert F Apgar 65th Basic CPT Gerald J Leeling 65th Basic CPT John R MacPherson 65th Basic CPT Peter K Plaut 65th Basic CPT Dale B Smith 65th Basic CPT James W Almand 66th Basic CPT Frederick N Smalkin 66th Basic CPT Harry A Tucker Jr 66th Basic CPT Lawrence E Wzorek 66th Basic CPT John K Vreeland 67th Basic CPT Robert A Long Jr 68th Basic CPT Frank R Newett 68th Basic
The Foundation of the Federal Bar Association Award for Distinguished Accomplishment (highest standing in Procurement Law subjects)
CPT Charles B Dickson CPT Frederick N Smalkin CPT John J Dioguardi CPT William C Jaekel
65th Basic 66th Basic 67th Basic 68th Basic
117
Judge Advocates Association Award for
CPT Joyce E Plaut CPT James W Almand CPT Paul M Scott CPT Lawrence E Wzorek CPT George W Bailey Jr CPT Hugh E Cherry
Achievement (highest standing in Civil Law)
65th Basic 66th Basic 66th Basic 66th Basic 67th Basic 68th Basic
Association of the United States Army Plaque (highest standing in Phase I)
CPT John R Hill CPT Alexander L Blondeau Jr CPT Willis D Cronkhite CPT John J Dioguardi CPT Ronald L Chapman
65th Basic 66th Basic 66th Basic 67th Basic 68th Basic
118
GUEST
SPEAKER
Mr Roscoe J Ailor Chief Recovery Division U S Army Claims Service Fort Meade Maryland
Professor Richard C Allen Director Institute of Law Psychiatry and Criminology George Washington University
Mr Harry H Almond Jr Senior Attorney-Advisor Office of General Counsel for International Affairs Office of Secretary of Defense
BG Bruce C Babbitt USA Assistant Judge Advocate General for Civil Law
Professor Richard R Baxter Harvard University School of Law
LTC Harry Beavers MC Chief Family Planning Service Walter Reed Medical Center
Colonel Myron Birnbaum USAF U S Air Force Judiciary
Major Ramond K Bluhm U S Army Civil Affairs School Fort Bragg North Carolina
Professor James E Bond School of Law Washington amp Lee University
APPENDIX L
SPEAKERS AND VISITORS
TOPICPURPOSE OF VISIT
Oaims Administration Panel
Examination of a Psychiatrist
The Law of War - Applied to Weapons and Targets
Addressed Opening Exercises of the 54th Procurement Attorneys Course and the Third Procurement Attorneys Advanced Course conducted Advanced Class Seminar
Perspectives on Work Being Done on the Geneva Conventions of 1949
Family Counseling and Family Planning
Armed Services Correctional Program
U S Civil Affairs Current Developments
Internal Conflicts and Common Article 3
119
Captain Michael A Brodie JAGC Litigation Division OTJAG
Captain Clifford D Brooks JAGC Procurement Law Division OTJ AG
Dr Robert Brown Psychiatrist Charlottesville Virginia
Mr Thomas V Bryant Jr Office of the General Counsel Small Business Administration
Mrs Nancy Buc Assistant Director for Consumer
Education Bureau of Consumer Protection Federal Trade Commission
Mr Francis T Buckley Chief Counsel U S Army Missile Command Redstone Arsenal
Hon John A Busterud Deputy Assistant Secretary of Defense Washington D C
Hon J Fred B uzhard t General Counsel Department of Defense
Mr John Carey Partner Coudert Bros Law Firm New York
Major General J S Cheney USAF The Judge Advocate General U S Air Force
Evaluation and Settlement of Suits under the Federal Tort Claims Act and Federal Care Recovery Act The Federal Medical Care Recovery Act
Labor Standards in Government Contracts Special Interest Institutes
Family Law Panel
The 8(a) Subcontracting Program
Consumer Protection Panel
Weapons Systems Acquisition vs Procurement at Post Camp and Station Level
Environmental Quality
Addressed 1972 JAG Conference
Recent Developments in Human Rights
Conducted Advanced Oass Seminar
120
Dr Lawrence E Chermak Funding of Major Acquisitions Counsel for the Comptroller of the Navy Office of the General Counsel Department of the Navy
Colonel Jerry E Connor USAF Chief Legal Assistance Division OTJAG Department of the Air Force
LTC Albert A Covington JAGC Staff Judge Advocate Retraining Brigade Fort Riley Kansas
Mr Richard Cunningham Office of the General Counsel U S Army Corps of Engineers
Mr Gilbert Cuneo Partner Sellers Conner amp Cuneo Washington D C
Mr Overton A Currie Partner Smith Currie amp Hancock Atlanta Georgia
Mr Jerome J Curtis Jr Assistant Professor of Law Marshall-Wythe School of Law College of William and Mary
Hon William H Darden Chief Judge U S Court of Military Appeals
Hon Arno H Denecke Associate Justice Oregon Supreme Court
Mr Edwin Dosek Bureau of Consumer Protection Federal Trade Commission
Current Status and Future Plans for Pilot Legal Services Program
Retraining the Soldier
The Army What the Future Holds The Army An Impact Statement on the Effects of Environmental Law-The Lawyers View
Contractors View of Board of Contract Appeals
Contractors View of Performance Problems of Construction Contracts
Real Estate Transactions
Addressed JAGSO Units
Hearsay Hazards
Consumer Protection Panel
121
Mr Dolf Droge National Security Council Staff The White House
Mr Stanley Dubroff Chief Counsel Electronics Command Fort Monmouth New Jersey
LTC Joseph A Dudzik JAGC Procurement Law Division OTJAG
Hon Robert M Duncan Judge United States Court of Military Appeals
Major William G Eckhardt JAGC Chief Personnel Affairs Branch Litigation Division OTJ AG
Colonel John L Fellows Jr ARM Commanding Officer U S Army Garrison Presidio of San Francisco
Mr Allen Felts Oaims Training Director Eastern Regional Office State Farm Insurance Company
Mr Nicholas A Fidandis Commissioner Federal Mediation amp Conciliation Service
Colonel Zane E Finkelstein JAGC Office Chairman Joint Chiefs of Staff Department of Defense
Mr Lawrence D Gaughan Associate Professor of Law Washington amp Lee University School of Law
An Analysis of the Vietnam Situation
Practical Aspects of Contract Types and Negotiation Procurement EthiQs
Current Developments in Procurement Law
The Military Judge and the Court of Military Appeals
Helping a Commander Control his Installation Relationships Between DA and Department of Justice and Litigation Reports Panel
The Legal Problems of an Installation Commander
Insurance Company View on Claims Settlement
Impasse Mediation
Joint Chiefs of Staff On-Going Agreements
An Outline of the Civil Law System and Doctrine Civil Affairs in Combat The Israeli Experience
122
Captain Norman L Goldberg JAGC Military Personnel Law Team Administrative Law Division OTJAG
Colonel Viviano Gomez Jr JAGC Staff Judge Advocate U S Army Training Center Fort Ord California
Professor Gidon A G Gottlieb School of Law New York University
Captain Kenneth E Gray JAGC Office of the Staff Judge Advocate U S Army Training Center Infantry Fort Dix New Jersey
Air Vice Marshal Eric G Hall Pakistan Embassy Washington D C
Captain Andrew M Harkness JAGC Procurement Law Division OTJ AG
LTC R G Harmer British Embassy Washington D C
Mr Neal Harrison Director Classification Division U S Disciplinary Barracks Fort Leavenworth Kansas
Colonel Alton H Harvey JAGC Chief Criminal Law Division OTJAG
Mr Elliot Harwood Deputy Assistant Director Plans and Policy Office of Director of Defense Research and Development
Contemporary Problems in Personnel Separations
Conducted Advanced Class Seminar
National Implementation of the Laws of War
The Pilot Program-Present and Future
Distinguished Guest at the 21 st Advanced Oass Graduation
Labor Standards in Government Contracts
Liaison Visit
U S Disciplinary Barracks and Army-Air Force Clemency and Parole Board
Law Office Management
Weapons Systems Acquisition
123
LTG Joseph M Heiser Jr USA Deputy Chief of Staff for Logistics
MG Kenneth J Hodson USA Chief U S Army Legal Services Agency
LTG Harris W Hollis USA Chief Office of Reserve Components Department of the Army
Colonel Kenneth A Howard JAGC Chief Trial Judiciary OTJ AG
Captain Fred Huff JAGC Lands Office OTJAG
Hon Hadlai A Hull Assistant Secretary of Army for
Financial Management
Mr Michael R Jetter Internal Revenue Service Richmond Virginia
Mr Robert Johnson Harris Tuck Freasier amp Johnson Richmond Virginia
Mr Nathaniel Jones General Counsel NAACP New York New York
Professor Yale Kamisar School of Law University of Michigan
Professor Delmar Karlen School of Law New York University
Importance of Legal Officers in Logistics
Conducted Advanced Class Seminar 11th Military Judge Course Graduation
Addressed National Guard Conference
Records Reports and Administration Panel Sentencing General and Special Findings
Environment and Law
21 st Advanced Class Graduation Speech
Rent and Price Controls
A Plaintiffs Lawyer Looks at Torts Practice
Task Force on the Administration of Military Justice in the Armed Forces
Second Annual Kenneth J Hodson Lecture in Criminal Law
First Annual Edward H Young Lecture in Military Legal Education
124
Captain Elton J Keeley INF U S Army Civil Affairs School U S Army Institute for
Military Assistance Fort Bragg North Carolina
Colonel William R Kennedy USAF U S Air Force Judiciary
CW2 Dieter P Kohler U S Army Claims Service
Mr L David Korb Deputy Director Office of Labor-Management Relations U S Civil Service Commission
Captain Royce C Lamberth JAGC Litigation Division OTJAG
Hon Francis J Larkin Third District Court Milford Massachusetts
LTC Edward A Lassiter JAGC Assistant Chief Military Justice Division OTJAG
Mr Shao-chuan Leng Professor of Government and
Foreign Affairs University of Virginia
Captain Morris 1 Lent JAGC Deputy Staff Judge Advocate U S Army Engineer Center Fort Belvoir Virginia
Mr William Lessin Office of Directorate for Personnel
and Community Activities Fort Belvoir Virginia
U S Civil Affairs Orientation
Records Reports and Adninistration Panel
Claims Administration Panel
The Federal Labor-Management Relations Program Today
Military Personnel Law Litigation
Judicial Technique and Administration
Current OTJAG Military Justice Policies and Projects
Communist Law--Chinese Legal Principles
Legal Services Center Concept
Budgeting for a JA Office
125
Professor Richard B Lillich School of Law University of Virginia
Mr Ronald E Lunstrum Senior Corrections Specialist Department of the Navy
Major Eric Mackintosh Staff Officer MASSTER Project Fort Hood Texas
BG Clyde R Mann USMC Director Judge Advocate Division U S Marine Corps Washington D C
Dr Theodore C Marrs Deputy Assistant Secretary of Defense
for Reserve Affairs DOD Washington D C
Professor Daniel J Meador James Monroe Professor of Law University of Virginia
Mr Wayland Medley Technical Staff Economic Stabilization Board Internal Revenue Service Richmond Virginia
Mr Robert W Meserve President American Bar Association
Mr Travis Mills Assistant General Counsel U S Civil Service Commission
Humanitarian Intervention
Armed Services Correctional Program
Project MASSTER Orientation
Distinguished Guest at 21 st Advanced Class Graduation
Addressed JAG Reserve Conference
Discovery under the Federal Rules of Civil Procedure
Rent and Price Controls
Orientation Visit
The Role of the Government Attorney in the Civilian Personnel Process
126
Mr John Norton Moore Counselor on International Law Office of the Legal Advisor Department of State
Mr Anthony L Mondello General Counsel U S Civil Service Commission Washington D C
Hon Robert Morgan Attorney General North Carolina
LTC James A Mounts JAGC Chief Personnel Claims Division U S Army Claims Service
Professor Gerhard OW Mueller School of Law Criminal Law Education and
Research Center New York University
Hon Tim Murphy Judge of the Superior Court of the District of Columbia
Colonel Abraham Nemrow AUS (Ret) Clerk of the Army Court of
Military Review U S Army Judiciary
LTC James E Noble JAGC Chief Patents Division OTJAG
LTC Matthew B ODonnell JAGC Defense Appellate Division OTJAG
Colonel Oliver E 0 Kier MPC Commandant U S Disciplinary Barracks Fort Leavenworth Kansas
The Use of Force in U S Foreign Policy
Civil Service Commission
Addressed JAG Conference
Personnel Claims Act A Modern Approach
Alternatives to Imprisonment
The Sentencing Function of the Trial Judge
Pretrial Advice and Common Errors Post Trial Review and Common Errors Administrative Errors in Records of Trial
Patents and Technical Data
Military Justice and Race Relations
Corrections and Rehabilitation in the Army Panel
127
MG Harold E Parker USA The Assistant Judge Advocate General
Major Theodore B Paterson U S Army Correctional Training
Facility Fort Riley Kansas
Captain B Raymond Perkins USNR Officer in Charge U S Navy-Marine Corps Judiciary
Activity OTJ AG Department of the Navy
Mr C Norman Poirier Deputy General Counsel Commission on Government
Procurement
Mr Herman L Pollock Executive Director Public Defender Project Supreme Court of Pennsylvania
Mr S J Pomrenze Chief Office Management Division Administrative Services Directorate OT AG Department of the Army
LTC Robert W Poydasheff JAGC Chief Civilian Personnel Law Division OTJ AG
MG George S Prugh USA The Judge Advocate General Department of the Army
Mr Rouhollah K Ramazani Professor of Government and
Foreign Affairs University of Virginia
Addressed Graduation Exercises of the 65th 66th 67th and 68th Basic Classes Conducted Advanced Class Seminar
Armed Services Correctional Program
Records Reports and Administration Panel Relationship of Counsel Decorum and Judicial Responsibilities
Government Procurement Commission Report
Functions of Defense Counsel
The Current and Future Status of the Army Records Management Program
Civilian Personnel Law and Labor-Management Relations
Conducted Advanced Class Seminar
Traditional Law and Foreign Influences in the Islamic World
128
MG Lloyd B Ramsey USA The Provost Marshal General
LTC Philip N Reed INF U S Army Civil Affairs School U S Army Institute for
Military Assistance Fort Bragg North Carolina
RADM Horace B Robertson Jr JAGC USN
Deputy Judge Advocate General of the Navy
Captain John H Rodgers JAGC Office of the Staff Judge Advocate Office of the Surgeon General
Mr Joseph H Rouse U S Army Claims Service
Dr Jesse G Rub in President Psychiatric Institute Foundation Washington D C
Professor Helmut Rumpf Office of the Legal Advisor Foreign Office Federal Republic of Germany
Captain Nicholas Sabalos USN Office of the Director J oint Staff Joint Chiefs of Staff
Mr Harry M Saragovitz Assistant General Counsel Army Materiel Command
Mr Arpiar Saund ers Attorney National Prison Project Washington D C
Addressed the 21st Advanced Class
U S Civil Affairs Orientation
U S Navy Military Judge
Family Planning Panel
Federal Tort Claims Act Injury Evaluation
Psychiatric Evaluations
Mutual Collective Security of United States and Germany
Joint Chiefs of Staff On-Going Agreements Military Implementation of the Law of War
Weapons Systems Acquisition and Technical Data
Prisoners I Rights
129
Mr John Schulz Editor-in -Chief Military Law Reporter The Public Law Education Institute Washington D C
Major David H D Selwood Deputy Assistant Director of
Army Legal Services Ministry of Defence United Kingdom
Mr Thomas Sheck ells Manager of Federal Agreements Environmental Protection Agency
Mr Paul Shnitzer Office of the Comptroller General
Colonel James E Simon JAGC Staff Judge Advocate U S Army Training Center Fort Dix New Jersey
Mr Curtis Smothers Acting Deputy Assistant Secretary
of Defense for Equal Opportunity
Mr Richard C Solibakke Chairman Armed Services Board of
Contract Appeals Department of Defense
Mrs Goody L Solomon Executive Editor Office of Consumer Services Department of Health Education
and Welfare
Outsiders View of Military Litigation
Northern Ireland Situation
Environmental Law
Problems in Award of Negotiated Contracts
Conducted Advanced Class Seminar
Race Relations Consideration of onshygoing Defense and Army Educational Programs to Improve Race Relations and the use of Off-Post sanctions in CONUS and Overseas
Contract Claims and Litigation Boards of Contract Appeals
Consumer Protection Panel
130
Mr Michael R Sonnenreich Deputy Chief Counsel Bureau of Narcotics and Dangerous Drugs Department of Justice
Mr William H Speck Associate Counsel Naval Facilities Engineering Command
Mr Richard E Speidel Henry L and Grace Doherty
Professor of Law University of Virginia
RADM Merlin H Staring USN The Judge Advocate General U S Navy
Mr Jack Stempler General Counsel Department of the Air Force
Major Frank Stone International Affairs Division OTJAG
Mr John H Sud a Assistant Corporation Counsel Government of the
District of Columbia
Mr Paul Summers Trust Officer Citizens Bank amp Trust Company Charlottesville Virginia
Major William K Suter JAGC Assistant for Plans Personnel Plans amp Training Office OTJAG
Colonel Warren L Taylor JAGC SJ A Fifth United States Army Fort Sam Houston Texas
Drug Abuse Control
The Governments Perspective Concerning Construction Contract Performance Problems
Role of the GAO in the Bid Protest Procedure
Cond ucted Ad vanced Gass Seminar
Orientation Visit
The Status of Military Forces in Japan Korea and Germany
Motion Practice under the Federal Rules of Civil Proced ure
Investment Counseling
Plans Programs and Training
Conducted Advanced Class Seminar
131
Colonel Joseph N Tenhet Jr JAGC Special Assistant to TJAG OTJAG
Mr Charles Terry Attorney at Law Morristown Tennessee
LTC James F Thornton Jr JAGC Staff Judge Advocate U S Army Garrison Fort Campbell Kentucky
Rev David Turner Pastor St Marks Lutheran Church Charlottesville Virginia
Dean George A Van Hoomissen National College of District Attorneys University of Houston
Mr Paul B Walter School of Law University of Virginia
Captain John Whalen JAGC U S Army Claims Service
Colonel Frederick Bernays Wiener AUS (Ret)
Washington D C
BG Lawrence H Williams USA Assistant Judge Advocate General
for Military Law
Mr Raymond 1 Williams Executive Secretary Army Board for Correction of
Military Records
Final J A Operations in Vietnam
Anatomy of a Trial
Conducted Advanced Class Seminar
Family Law Panel
Functions of Prosecution
Understanding your Client
Federal Tort Claims Act Injury Evaluation
Some Historical Aspects of Military Law
Conducted Advanced Class Seminar
Policies and Procedures of the Army Board for the Correction of Military Records
132
Colonel Wade H Williamson JAGC Chief Administrative Law Division OTJAG
Mr Adelbert K Wnorowski Raphael amp Wnorowski Amsterdam New York
Dr Nathan Wolkomir President National Federation of Federal Employees
Colonel John A Zalonis JAGC Chief Legal Assistance Office OTJAG
Current Problems in the Personnel Area
Grievances and Arbitration
Union Viewpoint of the Federal Labor-Management Relations Program
Update on Current Status and Future Plans for the Pilot Legal Services Program
133
APPENDIX M
ARTICLES BY STAFF AND FACULTY MEMBERS
Colonel John Jay Douglass High Command Case A Study in Staff and Command Responsibility The International Lawyer Vol 6 No4 (Oct 1972)
Lieutenant Colonel John L Costello Book Review Great Court-Martials 59 Military Law Review 233 (1973)
Major James R Coker Book Review The International Law of Civil War 59 Military Law Review 239 (1973)
Major James R Coker Book Review The Death of the Army-A Pre-Mortem Fordham Law Review
Major James R Coker The Status of Visiting Military Forces in Europe A Treatise on International Criminal Law (Bassiouni amp Nanda Ed) Vol II (CCThomas Illinois 1973)
Major James A Endicott Jr New Approach to Military Law Instruction 738 Army ROTC Education Commentary lA (1973)
Major James A Endicott Jr Decision Making and the Court-Martial Cases 45 The Judge Advocate Journal (1973)
Major James A Endicott Jr Claims Against the United States 9 Law Notes 17 (1972)
Major Francis A Gilligan Issues Raised by Military Warrants The Army Lawyer Vol 2 No 8 (August 1972)
Major Francis A Gilligan Inspections The Army Lawyer Vol 2 No 11 (November 1972)
Major Francis A Gilligan Eyewitness Identification 58 Military Law Review 183 (1972)
Major Francis A Gilligan Probable Cause and the Informer 60 Military Law Review 1 (1973)
Major J J McGowan Sr SJA Spotlight--Iran The Army Lawyer Vol 2 No 10 (Oct 1972)
135
Major Paul Jackson Rice Military Dissent The Army Lawyer Vol 3 No2 (Feb 1973)
Captain Bernard R Adams Eminent Domain Police Power and Urban Renewal Compensation for Interim Depreciation in Land Values 7 Georgia Law Review 226 (Winter 1973)
Captain Stephen L Buescher The Court of Military Appeals A Survey 59 Military Law Review 129 (1973)
Captain Edward J Imwinkelried The New Federal Rules of Evidence The Army Lawyer Vol 3 No4 (April 1973)
Captain Edward J Imwinkelried The New Federal Rules of Evidence Part II The Army Lawyer Vol 3 No5 (May 1973)
Captain Jack F Lane Jr The Undesirable Discharge--Administrative Tool or Back-Door Court Army Vol 22 No 11 (Nov 1972)
Captain Jack F Lane Jr Classification Promotion and Racial Discrimination The Army Lawyer Vol 3 No5 (May 1973)
Captain Jordan 1 Paust My Laiand Vietnam Norms Myths and Leader Responsibility 57 Military Law Review 99 (1972)
Captain Jordan 1 Paust Law in a Guerrilla Conflict Myths Norms and Human Rights III Israel Yearbook
Captain Jordan J Paust The Nuclear Decision in WWII Trumans Ending and Avoidance of War International Lawyer (1974)
Captain Jordan 1 Paust Comment on Command Responsibility 25 Naval War College Review (Jan-Feb 1973)
Captain Jordan J Paust Human Rights Human Relations and Overseas Command The Army Lawyer Vol 3 No I (Jan 1973)
Captain Donald N Zillman In-Service Conscientious Objection 10 San Diego Law Review (1973)
Captain Donald N Zillman The Court of Military Appeals A Survey 59 Military Law Review 129 (1973)
136
Captain Donald N Zillman Armed Services the 5th Circuit 21 Mercer Law Review (1972)
Captain Donald N Zillman Recent Development Environmental Law 57 Military Law Review 203 (1972)
Captain Donald N Zillman Involuntary Activation of Reservists The Army Lawyer Vol 2 No 10 (Oct 1972)
137
APPENDIX N
VISITS TO RESERVE UNITS - FY 1973
I JAG DETACHMENTS
9th Cleveland Ohio 7 Feb 1973 213th Atlanta Georgia 17 Feb 1973 155th 42d Pitt sburgh Pennsylvania 19 Feb 1973 153 157th Philadelphia Pennsylvania 20 Feb 1973 10th Washington D C 21 Feb 1973 3d Boston Massachusetts 22 Feb 1973 12th Columbia South Carolina 23 Feb 1973 78th Los Angeles California 27 Feb 1973 20th Dallas Texas 28 Feb 1973 173d Birmingham Alabama 2 Mar 1973 8th Kansas City Kansas 5 Mar 1973 139th Cincinnati Ohio 6 Mar 1973 148th Columbus Ohio 7 Mar 1973 4th New York New York 8 Mar 1973 7th Chicago Illinois 10 Mar 1973 81 st San Diego California 14 Apr 1973 I 20th Denver Colorado 28 Apr 1973 2d New Orleans Louisiana 30 Apr 1973 9th Cleveland Ohio I May 1973 106th Detroit Michigan 2 May 1973 162d Richmond Virginia 6 May 1973
II USAR SCHOOLS
(Visits required by Annex AL CON Reg 350-1)
Richmond USAR School 29 May 1973 Norfolk USAR School 19 May 1973
139
III J1l
Miami USJR School Phase II BOJC
South Charleston USJR School
Seattle USJR School 99th JJG Detachment l62d JJG Detachment
121 st JJG Detachment 20th JJG Detachment 2l0th JJG Detachment
89th JJG Detachment l73d JJG Detachment l55th JJG Detachment
35th JJG Detachment
Livonia USJR School
Hattiesburg Mississippi
Fort Ritchie Maryland
Reno Nevada Joliet Msenal Illinois HQ Electronics Command
Fort Monmouth N J Redstone Msenal Jlabama Rock Island Jrsenal Illinois White Sands Missile Range
New Mexico Fort Huachuca Mizona Huntsville Jlabama MllMllS Brooklyn and MllMllS
Bayonne llerminal Jviation Systems Command
St Louis Missouri DePere Wisconsin
18-20 Jul 1972
6-7 Jug 1972
8-9 Jug 1972 18 Jan 1973 7-8 Mar 1973
25 Jpr 1973 7 May 1973 16 May 1973
17 May 1973 18 May 1973 21-22 May 1973
7-8 Jun 1973
17-18 Jun 1973
140
APPENDIX 0
LECTURES GIVEN OUTSIDE TJAGSA
COL John Jay Douglass Chaplains School Fort Hamilton New York
COL John Jay Douglass Fort Gordon Georgia
COL John Jay Douglass Richmond Virginia Chapter of The Military Order of the World Wars
COL John Jay Douglass Defense Information School Fort Benjamin Harrison Ind
COL John Jay Douglass Finance School Fort Benjamin Harrison Ind
COL John Jay Douglass Naval Justice Seminar Coronado Beach California
COL John Jay Douglass Sergeants Major Academy Fort Bliss Texas
LTC David A Fontanella Ft McClellan Alabama
LTC David A Fontanella Ft Benning Georgia
LTC David A Fontanella Ft Rucker Alabama
FISCAL YEAR 1973
Civil Law Problems and the Chaplain
Presented Opening Remarks to Phase 1shy67th Basic Class
Military Law Today
The Serviceman and the Bill of Rights
Current Developments in Military Law
TJ AGSA and the Training of J AGC Reserves
Military Justice
Civil Law Update
Civil Law Update
Civil Law Update
141
LTC David A Fontanella Army and Air Force Senior ROTC Gasses University of Virginia Charlottesville Virginia
LTC David A Fontanella Chaplains School Ft Hamilton New York
LTC David A Fontanella U S Army War College Carlisle Barracks Pa
LTC David A Fontanella U S Army War College Carlisle Barracks Pa
LTC David A Fontanella U S Army War College Carlisle Barracks Pa
LTC David A Fontanella U S Army War College Carlisle Barracks Pa
MAJ James R Coker Fort Lee Virginia
MAJ James R Coker Fort Bragg North Carolina
MAJ James R Coker USAIMA Fort Bragg North Carolina
MAJ James R Coker Staunton Military Academy Staunton Virginia
MAJ James R Coker Valley Forge Pennsylvania
Military Personnel Law
Military Personnel Law
Challenges to Command
Military Personnel Law
Gairns and Litigation
Challenges to Command
The Law of War in Modern Armed Conflict
The MAAG Mission and the Law of War
Law of War and CivilMilitary Operations
Introduction to the Laws of WaI
The Rule of Law in Warfare
142
MAJ Francis A Gilligan Army War College Carlisle Barracks Pa
Constitutional Rights and Article 15
MAJ Nancy A Hunter Hofstra University and Law School Hempstead New York
bull Women in the Military
MAJ Jack F Lane Jr Army and Air Force Senior ROTC Classes University of Virginia Charlo ttesviIle Virginia
Boards of Officers and Administrative Law
MAJ James J McGowan Fort Eustis Virginia
Law of Modern Armed Conflict
MAJ Fort
James 1 McGowan Eustis Virginia
The Law of War in Modern Armed Conflict
MAJ Paul J Rice Washburn University of Topeka School of Law Topeka Kansas
JAGC Orientation
MAJ Paul J Rice University of Kansas School of Law Lawrence Kanssa
JAGC Orientation
MAJ Paul J Rice University of MissourishyKansas City School of Law Kansas City Missouri
JAGC Orientation
MAJ Paul 1 Rice University of Missouri-shyColumbia School of Law Columbia Missouri
JAGC Orientation
MAJ Paul J Rice St Louis University School of Law St Louis Missouri
JAGC Orientation
143
MAJ Paul J Rice Washington University School of Law St Louis Missouri
MAJ Paul J Rice Pre-Law Advisors from the State of Virginia University of Virginia Charlottesville Virginia
MAJ Paul J Rice U S Army War College Carlisle Barracks Pa
CPT Bernard R Adams Army Reserve Unit Cherry Avenue Charlottesville Virginia
CPT Ronald C Griffin Rutgers University Camden New Jersey
CPT Ronald C Griffin University of Oregon Eugene Oregon
CPT Jan Horbaly Army ROTC University of Virginia Charlottesville Virginia
CPT Jan Horbaly Reserve CampGS Training Charlottesville Virginia
CPT Edward J Imwinkelried Army ROTC University of Virginia Charlottesville Virginia
CPT W H Parks USMC NROTC University of Virginia Charlottesville Virginia
JAGC Orientation
Career Opportunities in the JAG Corps
Military Installations and the Authority of the Commander
Drug Abuse Control
Civil Rights in the Military
Consumer Protection The Soldiers and Sailors Civil Relief Act
Introduction to Military Justice
Introduction to Military Justice
Article 15
Introduction to Military Justice
144
of Military Legal Education is occupied by Colonel John Jay Douglass Commandant of the School Each honorary chair established at the School is associated with an annual lecture of the same name the first Edward H Young lecture was presented by Delmar Karlen of the Institute of Judicial Administration New York
Prof Delmar Karlen
COL Douglass and Mrs Towsey
4
Section 3
Reorganization of the School
In February 1973 the School underwent its first major reorganization since 1956 While this coincided with a major Army reorganization the main purpose of the School reorganization was to divide School missions along functional lines among the various departments Highlights of the reorganizations are
(I) Office of the Commandant The new position of Assistant Commandant for Reserve Affairs and Special Projects was created to provide policy control for the JAGC Reserve program on behalf of The Judge Advocate General of the Army Responsibilities include training management for J AGC units personnel management at the Department of the Army level and coordination of the training of individual JAGC Reserve component members This office replaces and expands on the former Reserve Affairs Department with certain operating functions transferred to the Academic Department
(2) Academic Department The Academic Department retains its former functions with the addition of an Office of Nonresident Instruction The Office of Nonresident Instruction oversees on behalf of the Director the Schools responsibilities for U S Army Reserve Schools correspondence courses ROTC instructional materials military law instruction at other service schools instruction in military law in Army units and the newly assigned mission on-site instruction for J AGC officers in Reserve component units The current faculty augmented by six new members will present the on-site instruction
(3) Development Doctrine and Literature Department This Department performs the newly assigned combat development mission (acquired upon the abolition of the Judge Advocate Agency Combat Developments Command) and continues certain functions of the former Plans and Publications Department Included in the mission of the new Department is the publication of the Military Law Review The Army Lawyer and the Judge Advocate Legal Service Two new positions were created for Combat Development and for Professional Development and Liaison The latter position has the responsibility for liaison with the American Bar Association the Federal Bar Association the Judge Advocates Association and other bar goups throughout the United States
(4) Office of the School Secretary All administrative and logistical support functions have been placed in the Office of the School Secretary In addition to the existing functions of personnel management (Adjutant) services and logistics there has been added
5
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Section 4
Board of Visitors
A Board of Visitors has been appointed pursuant to Executive Order No 11007 and AR 15-1 to insure that the high standards of the School are maintained and to assist in the determination of areas requiring improvement The Board composed of leading civilian practitioners and legal ed Llcators examines the varied operations of the School and sums up its findings with criticisms and recommendations in a report submitted at the end of its inspection During the past year Colonel Van Benschoten was made an honorary member of the Board and Mr Richard E Wiley was appointed as a regular member
The Board met as a group from 10 to 13 April 1973 and re-elected Colonel Deutsch as its Chairman Colonel Deutsch Colonel Van Benschoten Colonel Finger Professor McDougal Professor Reed and Commissioner Wiley were present and undertook an inspection of the School Colonel Benjamin HO Schleider Jr J AGC USAR an attorney in Houston Texas served as the Recorder
Briefing of Board of Visitors
7
Eberhard P Deutsch Attorney at Law arid senior partner of the law firm of Deutsch Kerrigan and Stiles New Orleans Louisiana Editor-in-Chief of the American Bar Association publication The International Lawyer Colonel United States Army Reserve (Retired) and Civilian Aide to the Secretary of the Army from Louisiana
John H Finger Attorney (It Law San Francisco Califorllia and senior partner of the law finn of Finger Brown and Abramson past president of the California Bar Association Colonel United States Army Reserve (Retired) the JlI dge Advocate Generals Corps
Myres S McDougal Sterling Professor of Law The Yale Law School New Haven Connecticllt former president of the Association of American Law Schools
8
Honorable Alfred P Murrah Director Federal judicial Center Senior jude and former Chief judge 10th Circuit US Court of Appeals
john W Reed Ann Arbor Jvlichigan Professor of Law The University of Michigan Law School and Wayne State University Law School Director The Institute of Continuing Legal Education former Dean of the University of Colorado School of Law
Honorable Richard E Wiley Commissioner Federal Communications Commission former General Counsel Federal Communications Commission former Chairman of the Young Lawyers Section of the American Bar Association former partner in the firm of Burditt and Calkins Chicago Illinois former Captain in the judge Advocate Generals Corps US Army
9
Birney M Van Benschoten Attorney at Law New York City General Counsel for American Overseas Petoleum Ltd [Caltex Group J Colonel United States Army Reserve (Retired) the Judge Advocate Generals Corps Honorary Member of Board of Visitors
Following its visit the Board submitted its report containing the following comments and conclusions
a The Board was highly impressed with the efficient organization of the School The Commandant of the School is a highly energetic well-motivated and farsighted educational leader who without question has a high degree of cooperation and support at all levels of the staff and faculty The School is a credit to the Corps
b The Board believes it is an important role of the School to continue its present practice of constantly reviewing its curriculum and objectives Of necessity some of the educational missions of the School must be concerned with how-to-do-it courses and as is recognized by the School it is also important to have an academic environme1t to give it the quality of graduate-type curriculum
c It is believed by a majority of the Board that continued use of the thesis program is an important element in furthering the balance of practical instruction and purely academic thinking Consideration should be given to reorienting the thesis program toward longer range problems that may confront the military legal profession in the future rather than present problems
d The objective of increasing the variety of elective courses of students in the Advanced Course is highly desirable and should be continued and expanded to the extent feasible
e A specific compliment must be paid to the Librarian of the School for her diligent work in the cataloging and development of the acquisition plan of the Library Tremendous improvement has been seen in this one area and a tremendous amount of obvious hard work should not go unnoticed
10
Section 5
Allied Officer Program
Allied Officer Students During Fiscal Year 1973 the Judge Advocate Generals School was privileged to have as students in the 21 st Advanced Course and the 66th Basic Course allied officers from the United Kingdom Iran Jordan Pakistan and the Philippines See Appendix C
The Allied Officers received the same instruction took the same examinations and submitted written papers and theses as did their American colleagues These requirements indicate the high level of fluency in both the written and spoken aspects of the English language that these officers had achieved prior to their arrival at the School
During their stay the Allied Officers were escorted on tours of Jamestown Williamsburg and Norfolk In addition Allied Officers attending the 21 st Advanced Course
COL Fillton with LTC Ridao of the Philippines Squadron Leader Anwar of Pakistan and ivlA] Tehrali
of [ran Members of the 21st Advanced Class
1 I
Mrs Tehrani assists COL Douglass in Promoting MAJ Tehrani
Dean Monrad C Paulsen of UVA Law School visits with LTG Modares and MC Behzadi
12
wcrl cscorted on a DCSOPS Orientation Tour
or Washington DC for a one-week period
illlied Officer Gua dUC Visits On
2 November 1972 the annual banquet
honoring the Allied Officers was held at the
Monticello Hotel Distinguished guests
included The Judge Advocate General
LTG Modares Chief of the Iranian Judicial
Department and MC Behzadi Prosecutor
Ceneral Imperial Iranian Armed Forces
Other distinguished allied officers were
gucsts of the School for orientation visits
during the period covered by this report See
Appendix L
IvJAj Selwood (UK) 66th Basic Class
Allied Officer Gala
13
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Section 6
Interagency Education
The School continued this year to provide legal education to personnel from the other services and agencies within the Federal Government During the year our courses were attended by 48 Navy and Marine Corps officers 49 Air Force officers and 138 civilian employees of the Government from the Department of the Interior NASA the Atomic Energy Commission the U S Postal Service GSA FAA U S Water Resources Council the Department of Transportation GAO NSA the Department of Agriculture SBA ACTION USIA and the Army-Air Force Exchange System Our Basic Course provides the introduction to service oriented law for all of the Coast Guard legal officers and we provide a source of further education for the Coast Guard with our specialized programs
Coast Guard Officers and their Ladies at Basic class Reception
15
Captain William H Parks USMC a member of this years 21st Advanced Oass will be remaining at the School to join our faculty in the international and criminal law fields
Throughout the year the exchange of ideas methods and experience which was made possible by the inter-agency utilization of the School has been of immense value to all of the personnel and organizations involved
Representing the Women Attorneys in Uniform at T]AGSA
LT Dufford user (Basic class) CPT Casper USA (Basic Class) CPT Plaut USA (Basic Class) MA] Hunter USA (Faculty)
CPT Albertson USMC (Adv Class)
CMDR Cassani USCG Presents Basic class Diploma to LT Winona G Dufford USCG
CPT William H Parks US Marine Corps Representative on T]AGSA Faculty Teaching a class
in International Law
16
CHAPTER II
ACADEMIC DEPARTMENT
Section 1
Function and Organization
The Academic Department develops and conducts the Schools instruction for judge advocates in the active forces and Reserve Components Resident courses include the Judge Advocate Officer Basic Course an introductory course in military law for judge advocates initially entering active service and the Judge Advocate Officer Advanced Course which provides an academic year of graduate level study in military law and related fields During the year the department presents several specialized continuing legal education courses ranging from one to three weeks in length These include courses in military justice procurement law international law military personnel and administrative law law relating to military installations legal assistance claims litigation and environmental law Federal civilian employee law and a military judge course designed to qualify judges for the military judiciary The student body includes active duty and Reserve Component judge advocates of the Army Navy Air Force Marine Corps and Coast Guard civilian attorneys employed by the Federal Government and judge advocates from foreign countries The department also offers courses for warrant officer legal administrative technicians and enlisted legal clerks such as a Law Office Management Course the Noncommissioned Officer Educational System (NCOES) Advanced Course and courses for the training of paralegal assistants for military lawyers A three-day Senior Officers Legal Orientation is presented to brigade and installation commanders and other senior line officers In addition the department is responsible for all COL William S Fulton Jr of the Schools nonresident instruction Director Acade mic Department
17
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including the preparation and administration of extension courses the preparation of training material for judge advocates attending United States Army Reserve Schools or serving in Reserve Component units and the presentation of on-site instruction to Reserve Component unit judge advocates at their home stations
During the Fiscal Year 1973 36 resident courses were conducted with 1268 students in attendance Of the 998 Army officers attending courses 783 were active duty
LTC David A Fontanella Chief Civil Law Division
personnel and the remaining were reserve component officers Courses conducted during Fiscal Year 1973 appear at Appendix D Courses scheduled to be conducted during Fiscal Year 1974 are set forth in Appendix E
The official source of infonnation concerning courses of instruction at all Army service schools including The Judge Advocate
LTC Hugh R Overholt Chief Criminal Law Division
Generals School is the US Army Formal Schools Catalog (Department of the Army Pamphlet 350-10) That catalog provides detailed information for staff officers commanders and personnel officers who are concerned with the selection of individuals for school attendance for commissioned officers both active and reserve of the armed forces and all civilian employees of the Government who are interested in attending particular courses and for others who may MAl James R Coker wish to acquaint themselves with the Armys Cllie ICL Division
19
training opportunities In addition Army regulations govern related matters such as attendance by military personnel from foreign countries Quotas for the courses mentioned above except for the Military Judge Course and the Warrant Officers Course may be obtained through usual command channels Quotas for the Military Judge Course are controlled by the U S Army Judiciary in Washington DC Particular inquiries concerning quotas may be addressed to the Commandant The Judge Advocate Generals School US Army Charlottesville Virginia 22901
The organization of the department includes Civil Law Criminal Law International and Comparative Law and Procurement Law Divisions The School is fortunate to have a highly qualified and exceptionally well-motivated faculty The average tenure of the faculty member is three years with an absolute minimum of two full academic years The majority of the faculty has had graduate legal training with some members of the faculty having graduate training in other disciplines An important adjunct member of the faculty is the Schools Educational Advisor Dr John Sanderson Assistant Dean University of Virginia School of Education Dr Sanderson serves as a consultant on a variety of educational problems at the School with primary emphasis on methods of testing and teaching
A Deputy Director for Nonresident Instruction will coordinate Department efforts in the area of military legal instruction for ROTC in other service schools and in the USAR schools He will also coordinate and administer the Schools extension correspondence course program The on-site instruction program will be administered by the Deputy Director for Nonresident Instruction in coordination with the Assistant Commandant for Reserve Affairs
MAJ Richard E Mowry Dr Jolm A Sandcrsoll Chief Procurement Law Division Edlcati01lal Advisor
20
Section 2
Judge Advocate Officer Advanced Course
GClZcral This course offers an academic year of graduate study in all areas of military legal practice Highly qualified judge advocates of the Armed Forces of the United States and allied nations are selected to attend
The Advanced Course is designed to provide an opportunity for experienced judge advocates to renew the study of legal principles in an academic atmosphere The students are encouraged to apply modern legal theory to the problems arising in military settings thus preparing them to be more effective legal advisors to high-level military commanders and to assume positions of substantive responsibility in the offices of The Judge Advocates General
All students take the core curriculum of the four disciplines presented at the ScJh)ol--criminal law civil law international law and procurement law Supplementing
An Afternoon with a General Officer NIG Prugh in an informal seminar with members of Advanced Class
21
the core curriculum are electives presented by the University of Virginia and by the School
Successful completion of the course requires submission of a thesis of graduate level quality which makes a substantial contribution to military legal scholarship A thesis evaluation committee composed of the thesis advisor guest member and School representative grade each paper hear the oral presentation of the thesis by the student and examine the student orally following his presentation Thesis topics and scope notes of members of the 21 st Advanced Class may be found in Appendix F Guest members of the thesis evaluation committees are listed in Appendix G
Additional features of the Advanced Course include the newly instituted program of afternoon discussions with general officer judge advocates and practicing field staff judge advocates and full participation in the Schools conference programs The Advanced Class students have the opportunity to see international law and diplomacy in action when they travel to New York City for a visit at the United Nations During the three-day tour the class receives detailed briefings from the United States United Nations and foreign diplomats and legal advisors The students are given a complete tour of the UN Headquarters A trip to Washington D C provides class members an opportunity to be admitted to practice before the Supreme Court of the United States visit congressional hearings observe proceedings of administrative agencies and receive an orientation at the US Army Judiciary where class members may be admitted to the bar of the US Army Court of Military Review
S PRESENTED BY 21ST ADVANCED CLASS
1972-73
Plltlquc Syilluoliilli2 the 21st Advanced Class Gift of
Trees for Courtyard of NcUJ JAG School Building
22
Shortly after locating at the University of Virginia the quality of The Judge Advocate Generals School Advanced Course Program was brought to the attention of the American Bar Association A detailed inspection of the School by ABA represen ta tives was concl ucted anel 0 n 22 February 1955 the School was accredited by the ABA and its Advanced Course deemed worthy of the Master of Laws degree This accreditation was reaffirmed after a three-day inspection of the JAG School in March 1971
The 21st Advanced Class began on
28 August 1972 with 43 students 111 LTC Loftus Class Leader attendance 35 US Army Judge Advocates 1 US Navy Judge Advocate 4 US Marine Corps Judge Advocates 1 officer from Pakistan 1 officer from the Philippines and I officer from Iran The class was graduated on 1 June 1973 A list of the graduates is contained in Appendix H and the academic awards are noted in Appendix I
Han Hadlai A Hull Assistant Secretary of the Army
(Financial Managernellt) Graduation Speaker for 21 st Adlanceci Class
23
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Coursc Structurc The FY 73 Advanced Course was conducted in two semesters as follows (bracketed numbers following course titles refer to number of semester credit hours granted for that course eg [4 J)
REQUIRED COURSES - FIRST SEMESTER
GOVERNMENT CONTRACT LAW I [3]
The course deals with general principles of government contract law the role of the judge advocate in the procurement process the appropriations process procurement methods contract types and modifications Attention is also given to cost principles and truth-in-negotiations as well as socio-economic policies
CRIMINAL LAW I [2]
This course focuses on the criminal process to include initiation of processjudicial responsibilities of the commander parties to the proceedings trial processes and the appellate process Problems in jurisdiction pretrial confinement trial publicity and professional responsibilities are also considered in roundtable discussions
MILITARY AND CIVILIAN PERSONNEL LAW [2]
A survey of military personnel law civilian personnel law and labor-management relations with emphasis on policy considerations and the lawyers role Special attention is given to legislation personnel affairs litigation conflicts of interest and release of information
INTERNATIONAL LAW I [2]
A basic outline of the rules of public international law as a system or tool used by nations to control guide clarify and proceduralize the relations between nations traditional and contemporary views of international law the state international and regional organizations associations and individuals as participants in the system how decision-making authority is allocated in the system on the basis of jurisdiction and municipal law and peaceful means of dispute resolution concentrating on types of international agreements
MILITARY ORGANIZATION AND OPERATIONS [2J
The organization of the Department of Defense and the Department of the Army to include the organizations missions functions and inter-relationships of DOD Army staffs and major commands and agencies the organization and command structure of an
25
overseas theater of operations to include the command relationships in joint and combined commands and the territorial organization of the theater of operations
REQUIRED COURSES -- SECOND SEMESTER
CRIMINAL LAW II [3]
The course covers constitutional criminal problems trends and developments under the Manual for Courts-Martial United States 1969 (Rev ed) and the Fourth Fifth Sixth and Eighth Amendments Consideration of the law of crimes drugs and affirmative defenses is followed by discussion of wiretapping custodial interrogation psychiatric evidence and search and seizure The course includes discussion of corrections and extraordinary relief
LEGAL PROBLEMS OF COMMAND [2]
A survey of the law of military reservations (jurisdiction and conflicts of law) regulatory law civil rights and management (manpower and fiscal) Special emphasis is given to race relations environmental law dissent command authority and control of military installations
GOVERNMENT CONTRACT LAW II [2]
This course is a continuation of Government Contract Law I It focuses on contract administration covering such areas as contract terminations inspection acceptance and warranties and disputes and remedies Attention is also directed to nonappropriated funds off-shore procurement and service contracts
MANAGEMENT FOR MILITARY LAWYERS [2]
Manpower management includes discussion of manpower vouchers staffing guides preparation of Schedule Xs modification of TDAs the relationship between spaces dollars and position delineation Fiscal management emphasizes the fiscal process of budget programming execution and review at the installation level Personnel management stresses the hehavioral science approach to management of people including job enrichment and motivation theories of organizational psychology The military lawyer analyzes his own management style with Blakes Managerial Grid and measures his ability to understand and motivate subordinates
INTERNATIONAL LAW II [2]
A study of the involvement and interrelation of nations through the concepts of
26
self-defense intervention human rights and various types of warfare A detailed examination of the laws of warfare concentrating on land warfare but including sea and air warfare the reporting handling and processing of violations of the law of war by national and international agencies and Geneva Convention training and the role of the military lawyer in implementing the rules of the Law of War
IiLc[rVE COURSES -- FIRST SEMESTER
FEDERAL CLAIMS AND LITIGATIGN (I credit)
A study of the procedure and basis for
the acijuciiciation payment and collection of claims by the United States with emphasis on the Federal Tort Claims Act Military Claims Act and claims in favor of the United States under the Federal Claims Collection Act and the Medical Care Recovery Act Actual claims problems and their resolutions stressing litigation and court decisions will highlight
the growing importance of claims administration 1I1 the field Future responsibilities of the judge ldvocate will be outlined in a treatment of the Federal litigative process with discussion of service of process pleading motions and discovery Squadron Leader Anwar Entertains
under the Federal Rules of Civil Procedure
INTERNATIONAL LAW OF HUMAN RIGHTS (I credit)
Working with international documents to include the OAS Charter the Genocide Convention European Human Rights Convention General Assembly Declarations and the 1949 Geneva Conventions as well as with various national constitutions the student will
examine those human rights generally respected by nations The role of the Judge Advocate Officer in implementing these rights within the military through education training preventive law or other programs wiII be discussed Thus the student will be better able to advise and assist commanders and their personnel both before and during hostilities Using individual problems each student will make an oral presentation and submit a short
paper on his problem area
27
MILITARY JUSTICE LEGISLATION SEMINAR (I credit)
This seminar addresses the following pending bills (1) requiring unanimous verdicts by courts-martial 0) Hatfields joint service concept (3) Bayhs court-martial commands (4) random selection of court members (5) pretrial procedure-investigation by magistrate and bail (6) increasing power of judge to sentence suspend and defer sentences (7) proposals to eliminate the post trial review or remove it from the convening authority (8) proposals to increase the jurisdiction of military appellate courts and to allow direct appeal from the Court of Military Appelt1ls to tha United States Supreme Court (9) the scope of Article 62(a) and (10) proposals to extend the military contempt article The objectives are to familiarize the class with the pending legislation and to stimulate creative thinking The seminar begins after the class has sufficient grounding in current military law to appreciate suggestions for change Each student writes a short paper which recommends new legislation criticizes current proposals or advocates adoption of a current proposal
CONTEMPORARY JUDGE ADVOCATE PROBLEMS 0 credits)
This seminar meets 12 sessions of two hours each for discussion of a variety of problems facing the military lawyer to include his relationship to the Army the educational program for military lawyers judge advocate responsibilities for resolving contemporary
Advanced Class Skit at [jAGSA Purty
28
pro bkll1s including flow of gold drug abuse racial confrontations pli bl ic and communi ty
rciltions professional responsibilities of clefense counsel control of courts-Illartial hy
military judges organization training and retention of reservists judge advocate office
organization war crimes problems civilian offenders and responsibility in scntencing of
offenders Each student will make a presentation and lead a group discussi)n A slnrt
paper is required
ILnCl1VE COURSES -shySECOND snMESTER
PI RSONAL LEGAL PROBLEMS OF
llL1TARy PERSONNEL II [II
This i~ a continuation of the first
semester seminar on legal assistance topics of
concern to judge advocates supervising
counseling services for military personnel and
thcir dependents The seminar will treat
common legal problems in the following
areas real estate transactions estate
planning investment counseling domestic
relations motor vehicle ownership and
military retirement programs and benefits
SJA OPERATIONS IN MILITARY JUSTICE [IJ
An examination and analysis of the organization problems and operation of the
Staff Judge Advocate office in the field of Military Justice The seminar will include
discussions of the organization of the Military J Llstice Division wi th i n 1 Staff Juclgc
Advocate office and relationship of the Staff Judge Advocate to the Deputy Stafr Judge
Advocate Chief of Military Justice Chief of Staff Commanding Genera inferior
courts-martial convening authorities the Provost Marshal and civilian law LnforCLment
personnel The seminar will also examine the processing of inferior cOllrh-Illartiil ll1d
Article 15 UCMJ proceedings pretrial and post trial processing of glneral courts-martial
the detailing of court members counsel and the military judge and the lundling or confinement problems
CONTEMPORARY MILITARY POLICY 12J
The purpose of this seminar is to promote understanding of thL Army till (lCLl]
and political environment in which it operates and selected military pulicy h)llc
confronting the nation and its armed forces
IMPLEMENTATION OF THE LAW OF WAR [I]
A review of 1972 and 1973 draft protocols and papers prepared by the International Committee of the Red Cross for implementation of the law of war in international and non-international conflict In context of US military force structures weapon systems and modern warflre a determination of an acceptable Army position on such proposed agreements Preparation of a position paper on a limited number of issues most pertinent
to the Army
GOVERNMENT CONTRACTS AS AN INSTRUMENT OF SOCIAL POLICY [I J
A study of the socio-economic policies in Government contracting their effectiveness and other alternatives to meet the social problems in the United States today Specific socio-economic policies covered will include small businesses labor standards labor surplus and labor surplus set-asides Buy National programs and equal opportunity programs
WEAPONS SYSTEMS ACQUISITION III
A study of the process of procurement of major weapons systems problems of such procurement and possible im provements to the process The proced ure will be traced
from the initial decision between competing systems to the selection of the source fm svstem development
30
Section 3
Judge Advocate Officer Basic Course
GellerLlI The life blood of the Judge Advocate Generals Corps is the grlduates of the twelve-week Basic Course which consists of Phase I four weeks presented at the U S Army Military Police School at Fort Gordon Georgia and Phase II presented in eight weeks at TJAGSA The Basic Course is a practical how-to-do-it course as contrasted with the graduate level Advanced Course Highlights of the course are instruction in the four major fields of military law and in practical exercises which will prepare the newly appointed judge advocate for his first duty assignment and particularly for military criminal trial practice
A moot court program is a continuing feature of the instruction given Basic Course students This program is designed to give new judge advocates practical experience in military trial practice and procedure Moot courts are simulated general courts-martial
Husband alld Wife Legal Teams in 65th Basic Class CPTs Peter alld Joyce Plaut and CFTs Joseph and Madge CCLlper
31
based on fact situations prepared by faculty members The positions of trial and defense counsel members of the court and witnesses are filled by members of the Basic Course Each student has at least one opportunity to act as trial or defense counsel The military judges part is played by members of the staff and faculty the Advanced Class or the
U S Army Judiciary who are certified military judges
Each class travels to Washington D c where they are admitted to practice before
the United States Court of Military Appeals
During FY 73 four Basic Courses-the 65th 66th 67th and 68th--were conducted at the School A total of 238 officers were graduated including IS officers of the United States Coast Guard and one allied officer each from Jordan and the United Kingdom A list of the graduates of the Basic Classes is contained in Appendix J and the academic awards arc noted in Appendix K
MG Harold E Parker The Assistant Judge Advocate General Gives Basic Class Graduation Speech
32
Course Structure The course curriculum and scope are as follows
CRIMINAL LAW [88 platform hours]
Introduction (2) Jurisdiction (2) Evidence (IK) Trial Technique (6) Documentary Evidence and AWOL (4) Affirmative Defenses (6) Review of Inferior Courts (2) Appellate Review and Extraordinary Relief (3) Procedure (26) Interview of Witnesses and Accused (3) Pretrial Advice and Post Trial Review (6) Article 15 (4) Review for Examination (2) Examination (4)
CIVIL LAW [74 platform hours]
Introduction (1) Military Personnel Law (9) Civilian Personnel Law (4) Labor-Management Relations (4) Boards of Officers (3) Law of Military Installations (12) Military Assistance to Civil Authorities (2) Claims and Litigation (12) Legal Assistance (12) Civil Rights (2) Drug Abuse (2) Dissent Seminar (2) Race Relations (4) Research Problems (6)
PROCUREMENT LAW 66th Basic Class Gift [21 platform hours] Being Presented to Commandant
Introduction and General Principles (3) Appropriations Process (2) Judge Advocate Responsibilities (2) Procurement Methods (4) Contract Types (1) Socio-Economic Policies (1) Nonappropriated Fund Procurement (I) Disputes and Remedies (2) Inspection Acceptance and Warranties (I) Examination (I)
INTERNATIONAL AND COMPARATIVE LAW [10 platform hours]
Recognition of problems involving international and foreign law with respect to claims and legal assistance and sources for solutions to such problems (I) Basic rules of criminal jurisdiction under status of forces agreements the Trial Observers Report (I) The fundamental laws and rules of the Law of War (2) Techniques of Military Instruction (2) Geneva Convention Training (2) Recurrent problems in using or instructing 011 the Law of War (2)
MILITARY OPERATIONS AND MANAGEMENT [4 platform hours]
Introduction to U S Defense structure and command and staff relationships within
33
this structure with emphasis on the relationships between the commanding officer of the installation Staff Judge Advocate and other installation command and staff elements
RACE RELATIONS SEMINAR [4 platform hours]
Students survey current race relations problems at the military installations based upon case studies in order to detennine the cause and effect of racial tensions Seminar participants discuss statutes regulations and current Army policy designed to prevent discriminatory practices and promote racial harmony in the military service
LEGAL RESEARCH PROBLEMS [8 platfol111 hours]
In this office practice exercise each student researches and prepares an opinion on selected legal problems commonly encountered at the militalY installation He then makes a classroom presentation of his work using an appropriate pedagogical technique with a view towards instructing his fellow students in the law
Basic Class Recep tion
34
Section 4
Resident Continuing Legal Education Courses
CIVIL LAW I (5F-F5)-Two phases (l week each)
Phase I--Law of Military Installations Law and current legal problems relating to military reservations nonappropriated funds military assistance to civilian authorities and installation management with special emphasis on control of installations and challenges to commanders authority by court processes
Phase II--Claims Claims regulations and procedures with emphasis on the Federal Tort Claims Act and claims in favor of the Government Panel discussions on injury evaluation and medical care recovery highlight the practical aspects of the course
CIVIL LAW II (5F-F2)--Two phases (1 week each)
Phase I--Personnel and Administrative Law A study of statutes regulations and court decisions concerning military personnel law boards of officers conflicts of interest military compensation line of duty determinations and release of information Attention will also be given to current administrative law problems with panels of experts
Phase II-Legal Assistance Study of current legal problems and court decisions which affect the military serviceman including consumer protection family law taxation immigration small claims property settlements and bankruptcy
INTERNATIONAL LAW (5F-F3)--2 weeks
International agreements jurisdiction State responsibility Status of Forces Agreements conduct of hostilities war crimes and internal armed conflict Geneva Conventions and the New Protocols Responsibility and Superior Orders
JUDGE ADVOCATE OVERSEAS OPERATIONS (5F-F14)--1 week
A review of civil and criminal codes of countries where large numbers of US personnel are stationed and the rules established for the conduct of US personnel through Status of Forces Agreements Emphasis is upon the role of the judge advocate in assisting US personnel in the conduct of their legal affairs in a foreign country in protecting
35
jJAl Rice
MAl Suarez
the interests of the Government in civil litigation and in protecting the interests of US personnel charged with crimes by a foreign country
JUDGE ADVOCATE RESERVE COMPONENT FIELD GRADE OFFICER REFRESHER (S-27-C8)-2 weeks
To further qualify the judge advocate in matters relating to the performance of legal duties involving international and comparative law and administration of military justice and to provide a more comprehensive knowledge of the fundamental principles of Government contract law and the role of the procurement legal advisor organization of the Army developments in tactics military correspondence command and staff procedures and National Guard and Army Reserve activities
LAW OF FEDERAL EMPLOYMENT (SF-FI0)-1 week
Civilian Personnel Law Hiring promotion and discharge of employees under the FPM and CPR role of the Civil Service Commission procedures for grievances appeals and adverse actions personal rights of employees
Labor-Management Relations Rights and duties of management and labor under Executive Order 11491 and DOD Directive 14261 negotiation of labor contracts impasse mediation administration of labor contracts and procedures for arbitration of grievances
LAW OF WAR amp CIVIL MILITARY OPERATIONS (SF-F4)-2 weeks
A review of the basic law of war with an up-date on the latest changes and developments in the area A detailed examination of international customs and treaty rules affecting the conduct of
CPT IlIlwinl~elried
36
us military forces in civilmilitary operations and in all levels of hostilities The Geneva Conventions and their application in civilmilitary operations and in various types of combat operations and missions to include problems of refugees labor psyops
legislation and public relations
LITIGATION AND ENVIRONMENT LAW (SF-FI3)--1 week
Review of Federal Rules of Civil Procedure Judge Advocate coordination with Department of Justice and procedural law relating to practice before administrative agencies Preparation of litigation reports and techniques of evaluating liability and amount of damages
MILITARY JUDGE (SF-F9)--3 weeks
To qualify military lawyers to perform duties as full-time military judges at courts-martial with emphasis on special courts-martial Conference panel and seminar forums are utilized to cover substantive military criminal law defenses to crimes instructions to the court rules and principles of evidence trial procedure and current military legal problems
MILITARY JUSTICE (SF-Fl)-Two phases (I week each)
Phase I--Administration of Military Justice An examination of the administration of military justice to include recent developments in criminal law and the functions and problems invoived in pretrial and post-trial procedme
Phase IJ-Trial Advocacy Intensive instruction in trial practice to include problems confronting trial and defense counsel
37
CPT AdatIs
CPT illlltall
CFJ lurJut
MAJ McGo lIA1i1
AlA) LlIlc
AJAr Gilligal
PROCUREMENT ATTORNEYS (5F-Fll)-2 weeks
Study of legal problems arising in the following areas general principles including the authority of the Government and its personnel to enter into contracts contract formation including appropriations formal advertising basic contract types and socio-economic policies contract performance including modifications~ disputes including remedies and appeals
PROCUREMENT ATTORNEYS ADVANCED (5F-FI2)-2 weeks
Study of legal problems arising in the following areas incentive contracting funding competitive negotiation socio-economic policies Government assistance state and iocal taxation modifications weapons system acquisition truth in negotations terminations labor relations problems contract claims and litigation
SENIOR OFFICER LEGAL ORIENTATION COURSE-3 days
Civil law to include installation management labor management relations military personnel law llonappropriated funds investigations legal assistance claims and litigation criminal law to include search and seizure confessions the responsibilities of the convening authority before and after trial and the options available to commanders in varibus military justice situations
STAFF JUDGE ADVOCATE ORIENTATION COURSE (5F-FI 5)--1 week
A survey of new developments in the areas of military justice civil law procurement and international and comparative law
38
Section 5
Nonresident Instruction
The Office of Nonresident Instruction was added to the Academic Department to coordinate and administer the various forms of nonresident instruction offered by the School The office is headed by the Deputy Director for Nonresident Instruction
The office is divided according to the instructional methods employed The immediate office of the Deputy Director is responsible for supplying instructional materials for use by instructors at other institutions Materials are supplied annually to USAR Schools for instructing 7000 Officer Advanced Course and 2000 Officer Basic Course students of other than J AGC branches and 85 JAGC Advanced Course students ROTC cadets receive instruction on their college campuses utilizing NRI materials The Deputy Director also maintains liaison with the US Military Academies other Army service schools and schools of other Armed Forces Active Army unit training support is also a function of the office
The Correspondence Course Office is responsible for supplying students with self-instructional materials Approximately 2500 students are carried on the rolls annually including officer and enlisted personnel of the Active Army and Reserve Components andmiddot personnel from allied nations About 20000 correspondence course students of other Army service schools take subcourses supplied by NRI
39
MAj james A Endicott Jr Dep Dir for Nonresident Instruction
CPT joseph W Hely Jr and Mr Robert 11 Alerritt
The following courses are currently offered by correspondence
Judge Advocate Basic Indoctrination Course
Judge Advocate Advanced Course
Special Courses Specialization Courses for Senior J AGC Officers Military Law for Commanders and Staff Officers Course Legal Warrant Officers Course MOS 713A J AGC Senior NCO Course GCM Legal Clerks Course MOS 71D50 SPCM Legal Clerks Course MOS 71 D20
All Advanced Course students enrolled on 1 September 1973 will be required to complete a writing requirement administered by the Deputy Director Thesis advisors will be assigned to each student to assist in topic selection and organization of the 15-20 page 3000 word minimum papers
CJYr (P) Terry Devliu IS Promoted (Finally)
40
Section 6
Paraprofessional Courses
The Legal j)artl[JToessional The implementation of the Military Justice Act of 1968 and the Pilot Legal Assistance Program have placed extraordinary demands on the time of the Army lawyer A partial answer to these demands is the development of military legal paraprofessionals During the second week of February the Civil Law Division conducted the first Legal Paraprofessional Course in legal assistance The course attended by 21 secretaries and enlisted men from Army and Coast Guard judge advocate offices is the first step in the fonmll development of legal para professionalism in the Army The Criminal Law Division also graduated its first group of paraprofessional students in February 1973 The paraprofessional courses are designed to instruct legal lay assistants in the duties and administration of the military justice division of installation judge advocate offices It is planned that future instruction in these resident courses will include
PARAPROFESSIONAL COURSE--CIVIL LAW-I week
Legal research and instruction in legal assistance to include interview techniques recognition of non-legal problems preliminary drafting of routine legal documents and other substantive legal matters
PARAPROFESSIONAL COURSE--CRIMINAL LAW-I week
An overview of the entire military justice system disposition of charges interview of witnesses preparation of vouchers subpoenas depositions and similar documents administrative review of Article 15 punishments and other substantive legal matters
WARRANT OFFICER AND SENIOR LEGAL CLERK COURSE (7 A-713A 7lD50)--1 week
Review and discussion of the legal administrative technicians and senior legal clerks roles as office managers of a judge advocate office or activity with particular emphasis on effective management of personnel equipment work flow and fiscal resources
LAW OFFICE MANAGEMENT-l week
A new course for warrant officers and senior legal clerks in March 1974
41
Cl1middot)2 Clorlcs L West jJ(r(leyal Fraililly Officer
BG Lawrence H Willimrls Assistallt jucZle Advocate General for Military Law
Prescnts Diplolla to DistillYllished Gradllate of NCOES COllrse
42
NONCOMMISSIONED OFFICER EDUCATION SYSTEM On 15 June 1973 the School graduated its first NCOES Course The initial input of 12 students MOS 71D and 71 E were tracked with MOS 71 L (Administrative Specialist) students during the first nine weeks of schooling conducted at Fort Benjamin Harrison The final two weeks of advanced MOS training 71 D and 71 E were conducted here at Charlottesville
CPT WorkmanCPT Wagller
lVIA] White CPT Robie
43
1972 JAG Conference BG Persons 13G Montgomery US4R Mr Kendall Barnes GC AMC BG UpjJ USAR BG Babbitt foreground
Receptioll HOllorillg Conference Banqzl(t Speawr Mr jllstice 10111 CZellh MG Prugh Mr justice Clark Mrs Douglass COL Douglass CfYr Griffin
44
CHAITER III
CONFERENCES VISITORS AND SEMINARS
Section 1
JAG Conference
During the week of 1-5 October 1972 the School again hosted the world-wide JAG Conference an annual event which brings together senior judge advocates from all major Army Commands throughout the world as well as representatives from the sister services for the discussion of current problems and developments in military law Speakers and panelists provided updates and briefings on all aspects or criminal civil procurement and international and comparative law
A unique feature of the 1972 Conference was the attendance by personal invitation of The Judge Advocate General US Army of a number of JAGC warrant officers and
Mr JOllil l lJlIstCriU lr I Fred J)llhardt
45
senior legal clerks Headlining the Conference list of speakers was Mr Justice Tom C Clark who was the banquet speaker Other distinguished speakers included Department of Defense General Counsel 1 Fred Buzhardt Attorney General Robert B Morgan of North Carolina Deputy Assistant Secretary of Defense John A Busterud and Harvard Pro fessor Richard Baxter
Social events highlighting the evenings of Conference Week included the annual Conference Banquet the Icebreaker and a new addition this year an informal Hawaiian RampR party
Hawaiian RampR Hlrty
46
Mr Robert B Morgan
Section 2
The Judge Advocate Generals Reserve Conference
The School hosted the fourth annLlal Judge Advocate Generals Reserve Conference from 30 November to 2 December 1972 The conference focused on Special Interest Groups and Conferee Workshops Special Interest Groups included JAGSO Detachment Commanders ARCOM SJAs Training Division SJAs and Troop and Civil Affairs SJAs Workshops were conducted and reports made to the conference on the subjects of Civilian Personnel and Employee Unions Race Relations Environmental Law Search and Seizure and Drug Abuse
Among speakers and guests were Dr Theodore C Marrs Deputy Assistant Secretary for Reserve Affairs Department of Defense MG J Milnar Roberts Chief Army Reserve MG George S Prugh The Judge Advocate General MG Harold E Parker The Assistant
BG Upp BG Montgomery Dr Marrs COL Douglass and RADM Staring at Judge Advocate Generals Reserve Conference
47
LTC Fontullelle and COL Selleider
Jldge Advocate General BG Robert D Upp USAR Assistant Judge Advocate General Special Assignments (MOBDES) BG Edmund W Montgomery II Chief Judicial Officer (MOBDES) and Colonel William B Carne Chief Litigation Division OTJAG
Social events included an Icebreaker cock tail party at the Officers Open Mess and the Conference Banquet at The Holiday Inn Afton Mountain
COL Fulton and COL Garber
48
Section 3
National Guard Judge Advocate Generals Conference
The Second Judge Advocate Generals National Guard Conference was hosted by the School in Marcil As with the first conference emphasis was placed upon military law as it applied to the National Guard Conferees workshops were similar to those held during the Reserve Conference
Among the invited speakers and guests were LTG Harris W Hollis Chief Office of Reserve Components MG George S Prugh The Judge Advocate General MG Francis S Greenlief Chief National Guard Bureau MG Harold E Parker The Assistant Judge Advocate General and Mr Robert B Morgan Attorney General North Carolina
Social events included an Icebreaker cocktail party at the Officers Open Mess and the Conference Banquet at AftJn Mountain HolidJY Inn
AIG Chelley 11ze J[(z(e Advocate Gelleral of the Air Jorce
alld Air Force National Guard Participants at Conference
49
LTG and Mrs Hollis
COL James B Deerin
MG William ] McCaddiil T1w Adjutant General Va ARNG
50
Section 4
Speakers and Visitors
The professional atmosphere of the School is enhanced by an active guest speaker program through which distinguished experts are invited to address the various classes and the entire School community There are two formal lectureships established in conjunction with the two academic chairs at the School This year the Second Kenneth J Hodson Lecture in Criminal Law was given by Professor Yale Kamisar of the University of Michigan School of Law As mentioned previously the First Edward H Young Lecture
on Military Legal Education was given by Professor Delmar Karlen
Many officers governmental officials practicing attorneys and educators visit the
School to observe portions of its programs A list of the guest speakers and distinguished persons visiting in 1973 is contained in Appendix L
Mr Doll Droge Natiollal S(cllritv CollIcit Staff
51
MG Kenneth J Hodson Chief
USA Legal Services Agency
Prof Helmut Rumpf Office of the Legal Advisor
Foreign Office Federal Republic of Germany
Hon Robert M Duncan Judge US Court of Military Appeals
52
Mr Jack Stempler General Counsel us Air Force
Frederick Hernavs Iliiclicr COL -AGC (ltetj
l1JG Lloyd B Ramsey The Provost Marshal General
53
MG George S Prugh The Judge Advocate General of the Army
Prof Yale Kmnisar
JudRe Tim Murphy D C Superior Court
54
Section 5
Race Relations Seminar
From 17-19 January 1973 The Judge Advocate Generals School was host to a race relations seminar The seminar brought together judge advocates from CONUS and overseas commanders provost marshals and others experienced in race relations and military justice The primary purpose of the seminar was to aid judge advocates in advising their commanders and staffs concerning race relations and racial incidents and the handling of such
The two-day agenda included small--group discussions of such matters as the following
(a) Racial problems confronting judge advocates law enforcement and command authorities in the field
(b) Indicators and warnings of racial disharmony which may cause or contribute to offenses
(c) Guidelines for effective solutions to racial problems of the command
Cd) The role of the staff judge advocate in race relations 111 the command
This seminar was but a small part of the race relations program developed by the School during the past year Race relations instruction was an important feature of the
55
elYT Grahanl
elYl Criflill Race Relatiolls Illstructors
Race Relations Seminar
Basic and Advanced Classes Elements of this instruction included the basic causes of racial unrest in the military personal and institutional racism applicable civil legislation and military justice problems The Advanced Class curriculum also included a 12-hour race relations elective which dealt with both specific problem areas and served as a speaking platform for individuals involved in the race relations field In addition race relations instruction and workshops were held during the Annual Judge Advocate Generals Conference Reserve Conference National Guard Conference and many of the other short courses offered throughout thc year Additional instruction and seminars have been planned for the coming academic year in an attempt to meet the challenge of this extremely important and sensitive area
56
CHAPTER IV
DEVELOPMENT DOCTRINE AND LITERATURE
Created 1 March 1973 the Development Doctrine and Literature Department (DDL) is responsible for combat developments doctrinal and legal literature military operations and management and professional liaison and development In its role as combat developer for the Corps DDL must ensure that JACC will have the necessary resources to perform its mission in the Army in the future DDL has taken steps to end the court reporting equipment problem that exists today DDL members formerly with CDCJ AA which had initiated the justification for new court reporting equipment guided the project to AMC Procurement of the needed equipment is projected for the near future
In addition to ensUling proper materiel allocation DDL also ensures effective personnel allocation in planning for the Army of the future In the course of investigating personnel developments DDL prepared a recorm1ended Table of Organization and Equipment (TOE) for a separate defender program and prepared a staff study recommending the use of paralegal assistants LTC John L Costello Jr
Director Development Doctrineby military lawyers and Literature Department
Most recent of its developmental accomplishments is the experimentation in the area of Automated Legal Research Provided by the US Army Judiciary with volumes of courts-martial statistics DDL programmed the statistics into an automated data bank Such an automated system enabled DDL to rapidly and accurately make recommendations for more effective allocation of personnel while studying the feasibility of a separate defender program
DDL is charged with review of doctrinal literature for legal sufficiency and has provided input to force concepts and designs in the Armys combat development process Also of a doctrinal nature is the responsibility for instruction in military operations and
57
management The Military Operations and Management Division of DDL is responsible for all instruction in military arts and sciences the defense structure command and staff procedures and Army management
In keeping with its mission of professional development DDL provides an office for liaison with professional associations both legal and military In establishing liaison with professional associations such as ABA FBA AUSA etc that office has also monitored Law Day USA observances throughout the Army and coordinated after-action reports Enthusiasm for Law Day 1973 observances was enhanced by JAGCs receipt of a ABA Award of Merit for its 1972 observance
DDL is also responsible for publication of the Military Law Review The Army
Lawyer and the Judge Advocate Legal Service discussed in Chapter V
CPT John D Home Professional Liaison Office
58
MAJ James R Wessel Chief Military Operations
Management and Plans Division
-- - CPT Daniel Worlltin1
011 Computerized Study
CHAPTER V
PUBLICA TIONS
The Military Law Review a law quarterly identical in format to the leading civilian legal journals is distributed to all judge advocates in the Active Army and the Ready Reserve In addition the Superintendent of Documents Government Printing Office sells copies and subscriptions to all interested civilian agencies and individuals
The Law Review contains lead articles comments and notes of interest to military law practitioners Theses written by students of the Judge Advocate Advanced Course are a primary source of articles Comments notes and articles from judge advocates in all three armed services foreign military and civilian lawyers members of the staff and faculty law school professors reserve judge advocates and civilian attorneys are also published During Fiscal Year 1973 Volumes 57-60 were printed Instituted during this fiscal year was a series of comnents on historic courts-martial to be continued in future volumes of the Law Review
The Catalog of Advanced Class Theses was revised by the Publications Division and distributed during FY 72 A supplement to the Catalog was compiled and distributed during FY 73
The Judge Advocate Legal Service (JALS) is responsible for rapid dissemination of the latest military law and items of interest to judge advocates around the world J ALS is printed bi-weekly in Charlottesville Virginia and distributed in over 7600 copies to all three armed services J ALS digests all cases decided by the United States Court of Military Appeals most published Court of Military Review decisions Federal Court decisions affecting the armed services and actions by The Judge Advocate General under Article 69 Uniform Code of Military Justice
59
The Army Lawyer a how-to-do-it type journal provides practical and timely
information to judge advocates in the field This monthly periodical incorporates claims personneL and legal assistance information previously found in other publications
The Manual for Courts-iVlartial Annotation Third Edition (1973) a significant research tool on military law was prepared in an updated version during Fiscal Year
1973 as DA Pamphlet 27-13 The Annotation contains case citations a citation of appropriate regulations and a cross-index to the Military Judges Guide To facilitate
research the Annotation is designed to be interleafed on a chapter-by-chapter basis with the Manual
In addition the following texts were submitted during FY 73 to the Office of The
Judge Advocate General for pUblication as Department of the Army pamphlets
Administrative Law Handbook Eyjdence Jurisdiction Legal Guide for the Soldier Trial Proced ure
Printed as special texts to support
resident instruction in some cases pending availability as DA Pamphlets were the following
Civil Law Basic Oass Deskbook Criminal Law Basic Class Deskbook Effective Research Aids (Civil Law) Evidence Law of AWOL Military Administrative Law Senior Officer Legal Orientation Texts Trial Procedure
During the course of FY 73 many articles authored by members of the staff and facul ty and were pu blished A list of those articles is contained in Appendix M
60
CPT Stephell L Buescher Clz ief Doctrine and Literature Division
CPT ] Alullill Editor Military Law Review
CHAPTER VI
RESERVE AFFAIRS
General The reorganization of the Army with the shifting emphasis on the Reserve program resulted in the establishment of the Office of the Assistant Commandant for Reserve Affairs arid Special Projects The overall mission of this office is to develop and implement a program to improve the readiness capability of the Army Reserve Component Judge Advocate Generals Corps personnel This mission has been broken down more specifically to provide for the career management of all JAGC reserve officers which includes providing liaison with the United States Army Reserve Component Personnel and Administration Center to develop and administer a program of technical training and to maintain liaison with the individual Reserve or National Guard components the Army Readiness Region Commanders and the CONUS Armies To accomplish these functions the Office has been subdivided into the Career Management Division and the Reserve Training Division
Career Management Division As a result of greater emphasis being placed on the Reserve program added consideration has LTC Keith A Wagner been given to the career management of all Assistant Commandant reserve component JAGC officers More for Reserve liffairs resources have been allocated toward advising individual reserve JAGC officers upon matters affecting their careers such as appointments transfer federal recognition of National Guard component officers and educational qualification for promotions This advice has become more important to the JAGC reserve officers because the competition for appointment assignment and promotion has become keener in the recent year
Career counseling is carried out primarily through correspondence but during the past two years with the JAGSO team training being conducted at TJAGSA personal interviews have been conducted by members of the divisions Such interviews are more desirable because in the course of this counseling the Reservists are alerted to important aspects of their career pattern Personal interviews are also conducted when officers of
61
LTC James N McCune Chief JACC Reserve Cornponents
Career hlanagement
the department make staff liaison visits to JAGSO detachments throughout the year Reserve units visited during FY 73 are listed in Appendix N
In the next academic year the channels of communication will be vastly improved by the on-site training to be given by the faculty from the School As part of these training visits the faculty member will bring back any inquiries from individuals regarding career problems to the Office of Reserve Affairs
As a further service to reserve component officers a Judge Advocate Reserve Components Directory is published annually This directory contains the names addresses type of assignment and the nature of civilian employment for more than 1800 Reserve component JAG officers
Reserve Component Training Divisioll The reorganization of the Army has resulted 111 the development of the Reserve Component Technical Training otherwise referred to as on-site training The program includes a six-hour block of instruction by faculty members from each of the four academic divisions of TJAGSA During the first academic year two hundred and twenty-five visits will be made under the program The purpose of the visits will be to bring all reserve component JAGC officers up to date on the most recent changes in military law and to inform the officers of the organizational changes in the JAG Corps
In addition the overall training program includes nonresident training on-the-job training of J AGSO Detachments at active Army installations throughout the country the Reserve Components General Staff Course and the cyclical resident training for specific J AGSO teams The on-the~job training is proving very successful During the past training year more than fifty percent of all J AGSO Detachments were participating in hands on training at active Army installations In addition all J AGSO teams except the 33 General Court-Martial tcams were assigned a training site appropriate for their mission for ADT 1973 ie Procurement teams to procurement centers Claims teams to Army Oaims Service etc
With regard to resident training during the summer of 1973 a trall1Jl1g program for General Court-Martial teams totaling over 210 men was conducted at TJ AGSA This training was supported by the 1050th USAR School West Hartford Connecticut and
62
included an update on court-martial procedures substantive law and a series of moot courts Greater emphasis was placed on training the court reporters and to that end new more sophisticated equipment was provided
Forecast for the coming academic year is the Reserve Component Technical Training (on site) and the Reserve Senior Officers Legal Orientation Course The SOLO course is designed for officers who are not members of the JAG Corps but who by virtue of their duties as commanders require a knowledge of military law In addition the US Army Reserve Judge Advocate Conference is scheduled for November 1973 and the National Guard Judge Advocate Conference is scheduled for March 1974 The purpose of these two conferences is to bring the senior
CPT Eldon D Robertsreserve component Judge Advocates to Chief Training OfficeTJAGSA to discuss common problems and
bring them up to date on the latest developments in military law and new innovations in the reserve program
Chief Judge Darden of the U S Court of Military Appeals and JAGSO Detachment Members at COMA Admission Ceremony
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CHAPTER VII
PROFESSIONAL ORGANIZA TrONS AND DEVELOPMENT
American Bar AssociLztion Pursuant to TJ AGSA policy the School maintained active participation in the American Bar Association during FY 1973 Five representatives from TJAGSA attended the ABA Annual Meeting in San Francisco during August of 1972 one of whom along with MG Prugh represented the Corps in receiving an ABA Award of Merit for outstanding observance of Law Day 1972 In additon four members of TJAGSA traveled to Cleveland in February of 1973 for the ABA Mid-Year Meeting
As an indication of the active participation by the personnel of the School many held positions of responsibility in the organization The Commandant served in an advisory capacity to the Standing Committee on Legal Assistance to Servicemen one member represented the Armed Forces (District 15) on the Young Lawyers Section (YLS) Executive Council as well as serving as Co-Chairman of the YLS Military Service Lawyer Committee one member served as Co-Chairman of the YLS Coordinating Committee and one member served as Vice-Chairman of the YLS Corporation Law Committee
President-Elect Chesterfield Smith of the American Bar Association presents Law Day Award to MG Prugh and CJYT Robie
65
Federal Bar Association The Federal Bar Association (FBA) which is composed of lawyers who are or have been in the employ of the United States Government in a legal capacity is represented here by the Charlottesville Chapter Not only did TJAGSA provide the chapters business office but also personnel of the School served in positions of both President and Vice-President during FY 73 In April of 1973 the Charlottesville Chapter of FBA hosted the TJAGSA Board of Visitors at a coffee
National Association for Law placernent An organization composed of law school placement offices as well as employers the National Association for Law Placement (NALP) seeks to increase communication between buyers and sellers in the legal job market Founded two years ago NALPs membership consists of some 95 law schools of which TJAGSA is one and 30 employers During FY 73 the School was represented at all meetings and conventions by the Post Judge Advocate who also served the organization as its Secretary
Associatioil of American Law Schools The AALS was chartered in 1900 and has a present membership of 115 schools throughout the United States The Judge Advocate Generals School does not meet the requirements for membership but is associated with the organization For a number of years the Commandant and Director of Academics as representatives of TJAGSA have attended the annual meetings held each year between Christmas and New Years
The faculty of The Judge Advocate Generals School is included in the directory of law teachers prepared by the AALS Faculty members are on the sections of the Association and work actively in the section on teaching methods and the section on studies beyond the first degree in law
Of particular interest to TJAGSA are the studies done by the AALS on Administrative Law Constitutional Law Criminal Law Professional Responsibility Trial Advocacy Continuing Legal Education Paraprofessional Legal Education Teaching Law outside of Law Schools and Teaching Methods
Associatioll of the Ul1ited States Army The Thomas Jefferson Chapter AUSA continued its active role in the Charlottesville community The 1973 Dogwood Festival Week was the occasion of several AUSA activities Two recently released POWs were honored at a cocktail party in the TJAGSA OOM at the conclusion of the annual Dogwood Parade On the following day AUSA hosted a record number of guests at its traditional Dogwood Luncheon The gathering was addressed by Congressman J Kenneth Robinson CR-Va) and honored guests included Miss Dogwood Festival Miss Virginia Miss New York and the US Army Golden Knights Parachute Team The Golden Knights accepted a memorial presentation from the Thomas Jefferson Chapter in remembrance of those
66
Air Force POlY MAl Normall Wells receives award fronl A USA Chapter President Walter L Srnith (l) and Virginia Congressnail Robinson (I)
members who had met their deaths earlier in the year as a result of a plane crash and performed a skydiving demonstration that evening at a local park Business offices for the Thomas Jefferson Chapter AUSA were maintained this year by TJAGSA
Professional Liaison and Development As a result of the Schools reorganization in March of 1973 an Office for Professional Liaison and Development was established in the newly formed Department of Development Doctrine and Literature This office has been charged with maintaining liaison with professional associations as well as monitoring Law Day Activities for J AGe
lACC Recruiting During the year several members of the staff and faculty visited various law schools throughout the
AUSA President Smith (r) presents Monticello picture to (l to r) Congressman Robinson ilIiss Dogwood 1972 and Commander of the Colden Knights
67
country in an effort to recruit senior law students for the JAG Corps In addition the School receives numerous inquiries concerning admission into the Corps Packets containing information on admission requirements are provided upon request TJAGSA personnel are called upon to counsel and advise individuals from the Charlottesville area and the University of Virginia who are seeking admission to the Corps
Alumni Association The Alumni Association continued to grow during the fiscal year with approximately 2500 members on 30 June 1973 an increase of approximately 500 new members during the year The Association provides academic awards for Basic and Advanced Gasses maintains contact with the allied officers who have attended the School and gives a plaque and a cash award to the winner of the Annual Professional Writing Award During Fiscal Year 1973 three issues of the Alumni Newsletter were published which included news of events and conferences at the School a calendar of courses offered at the School and personal information on members of the Association The activities of the Association were financed by annual dues of one dollar for each member and contributions from interested members The Annual Report is distributed by the Alumni Association to all of its members each year
Coordination and financing of Association activities as well as editing and writing of the Alumni Newsletter and the Annual Report are responsibilities of the Assistant School Secretary
Lectures Reflecting the Schools role in educating officers of the other branches of the Army and the other services members of the faculty traveled widely giving lectures to diverse groups upon various aspects of military law A good example of how the knowledge of the faculty may be applied to the training of non-legal personnel was the course of instruction in procurement methods given to criminal investigators specializing in appropriated and nonappropriated procurement frauds
During the course of the year the School continued to build a close professional relationship with the Army War College Frequent visits there by the faculty of TJAGSA resulted in the incorporation of a considerable amount of current legal material into that course
A list of lectures given outside TJAGSA by facuIty members is contained in Appendix O
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CHAPTER VIII
BUILDINGS AND SUPPORT ACTIVITIES
Section I
Buildings
Construction of the new Judge Advocate Generals School building began on 15 January 1973 and was scheduled for completion within 24 months The new building will be located in the same area as the new Law School and the Graduate School of Business Administration of the University of Virginia The basement level of the new building provides space fpr the administrative and logistics offices storage and library The library is designed with 32 individual study carrels and will accommodate 50000 volumes The ground level (or first floor) houses the academic department (approximately 60 offices) three classrooms to accommodate 50 100 and 200 students respectively four conference rooms which will accommodate 20 persons each eight smaller conference rooms for 12 persons each completely equipped moot courtrooms an auditorium with 125 seat capacity audio-visual room and student lounge On the second level are the offices of the commandant and other directorates of the School in addition to a two-bedroom VIP suite The third and fourth levels each have 32 individual BOQs with bath Also there are four two-room suites with bath and four two-room suites with bath and kitchen facilities on each floor The fifth floor is the officers open mess and dining facility which has a seating capacity of 120 people In addition the club will have patios on two of its sides
Due to a spring snow storm a sym bolic groundbreaking ceremony for the new building was held indoors on 12 April at the Groundbreaking Universitys George Baskerville Zehmer Hall COL Douglass MG Prugh
President Sharman
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After opening remarks by the Commandant Colonel John Jay Douglass Major General George S Prugh The Judge Advocate General of the Army joined with University of Virginia President Edgar F Shannon and Colonel Douglass in turning a symbolic shovel of earth which formally commenced the construction project
Among those attending the ceremonies were Army Colonel (Ret) Kenneth C Crawford Commandant of the School during the years when the plans for the new building were formulated and Professor John
President Shannon Speaks at Ritchie III a mem ber of the Schools Groundbreaking Ceremony original Board of Visitors Colonel Crawford
is now Director of Education and Training for the Federal Judicial Center Professor Ritchie formerly Dean of Washington (St Louis) Wisconsin and Northwestern Law Schools is presently on the faculty at the University of Virginias Law School Also in attendance were members of the current Board of Visitors
Attendees representing the various Armed Services included Major General Kenneth 1 Hodson former The Judge Advocate General of the Army now Chief US Army Legal Services Agency Rear Admiral Ricardo Allen Ratti Chief Counsel United States Coast Guard Colonel Charles J Keever Acting Director of the Judge Advocate Division United States Marine Corps and Colonel (Ret) Ralph D Pinto former TJAGSA Deputy Commandant
Others in attendance included William P Dickson J f a Norfolk attorney and formermiddot member of the Board of Governors of the American Bar Association representing Robert W Meserve President of the ABA C Norman Poirier immediate Past President of the Federal Bar Association Francis H Fife Mayor of the City of Charlottesville Gordon L Wheeler Albemarle County Board Chairman and Walter L Smith President of the Thomas Jefferson Chapter of the Association of the United States Army
The present Judge Advocate Generals School building a red brick building of Georgian architecture was dedicated on 26 September 1956 It contains offices and 19 furnished BOQ rooms In addition the building houses the School Library a conference room supply room and bookstore An Officers Open Mess and snack bar with outdoor patio is located on the fourth floor of the building Classrooms for the School are located in the University of Virginia Law School
72
Section 2
Support Activities
a Library alld Military Legal Center
The School generally furnishes each student with the basic textbooks and other classroom materials which he will need during a course However when additional references and research facilities are req uired students are encouraged to utilize the School Library the Law Library of the University of Virginia and Alderman Library the general library of the University
The Judge Advocate Generals School Library contains approximately 20000 volumes and is oriented toward military law There is a complete set of all Army regulations most federal legal materials and
a complete military justice library During LTC Edward C Seufert FY 1973 many historic military legal items School Secretary
and current books on military law were added to the Schools Military Legal Center one of the most extensive collections on military law past and present in existence Also during the year the Library staff completed a major portion of the complete cataloging of the Schools collection in order to provide a ready reference system for researchers
The Law Library Il1 Clark Hall contains over 200000 volumes and it is readily accessible to our students It has an extensive collection of published reports of the American federal and state courts the reports of the courts of the United Kingdom
lvlrs R Vivian Hebert treaties digests encyclopedias indices andLibrarian citator services It also contains the statutes
73
Leased Housing Units
BOQ Room
74
of the United States of the several states and of Great Britain The Library receives every current legal periodical of general interest printed in the English language
Alderman Library has about 2000000 volumes and a particularly fine collection of official Government publications It has been designated by the United States Government as a depository for public documents
h Billeting and Mess Facilities Bachelor officers quarters are available in The Judge Advocate Generals School BUilding Assignments of rooms may be obtained through the Billeting Officer Linens towels and maid service are provided All rooms are carpeted and air-conditioned and many have refrigerators and television sets
The School has a number of family housing units under government lease to be utilized as government quarters in lieu of BAQ Priority for the utilization of these units is first given to enlisted personnel and then to officers attending the Advanced Class The School Secretary and the University Housing Division maintain lists of available apartments and houses in the Charlottesville area
The top floor of The Judge Advocate Generals School building is used by the Officers Open Mess The Winthrop Room is furnished with large comfortable chairs and sofas a color television set piano and other accessories
Officers Open Mess
75
A snack bar located on the fourth floor and operated by the Officers Open Mess personnel now serves breakfast and lunch to its members During the evening hours refreshments and snacks are available
During the year the Mess sponsors a full program of activities and social events for the benefit of its members including dances buffets picnics class receptions social hours and other activities
c Boolzstore The Bookstore now located on the first floor of The Judge Advocate Generals School is easily accessible to all patrons Various personal items uniform accessories stationery supplies cigarettes and tobacco souvenir items and books are available
d Commissary Facilities During part of FY 73 the School was able to arrange for a truck to bring commissary products from Richmond to Charlottesville Although this service has been discontinued procedures are SSG John Huffman
being taken to have the operation reinstated Bookstore Manager
Commissary Operations in Charlottesville
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e Logistics The Logistics Office provides assistance and advice in arranging for shipment andor storage of household goods for military personnel assigned to the School and members of the Advanced and Basic Classes In addition the Division provides budget and contracting services for all money expended by the School
f Personnel and Finance The Adjutants Office is responsible for the processing of all incoming and outgoing personnel the maintenance of individual records and the operation of the School mail room The office also acts as liaison with the Civilian Personnel Division at the US Army Foreign Science and Technology Center in Charlottesville which is responsible for the Schools civilian employees
Although the School has no finance CPT William K Thompson officer the Adjutants Office is available to Chief Logistics provide necessary assistance and advice in matters relating to pay and allowances Close contact is maintained with the servlcmg Finance and Accounts Offices in Washington and at Fort Lee
g Health Care Facilities The Judge Advocate Generals School lS sateIlitccl on Kenner Army Hospital at Fort Lee Virginia for medical and dental care Locally a contract surgeon provides outpatient services for military personnel Because of the distance from a US Army hospital dependents of personnel stationed at The Judge Advocate Generals School are entitled to the benefits provided under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS)
Dental care and eye examinations for military personnel assigned to the School are available from any local dentist and eye doctor on an individual contract basis CIYT Richard J Lynch however there are no provisions for such care Adjutant
for dependents
77
h Athletic Facilities Assigned and attached military personnel and all students are permitted to use all athletic facilities of the University of Virginia Both the School and the Intramural Department of the University have a limited amount of athletic eq uipment for the use of students and the staff and faculty
i Public Information Office During Fiscal Year 1973 the Plans Division succeeded by the Services Division conducted a comprehensive public information program with increased emphasis on obtaining the broadest possible coverage of all events occurring at The Judge Advocate Generals School
J Post J~idge Advocate During Fiscal Year 1973 following the reorganization of the School the Post Judge Advocate provided legal assistance to armed forces personnel and dependents in the Charlottesville area Liaison has been established with the local Red Cross and Legal Aid Society to assist the department in their respective fields of expertise The caseload averages over 50 clients per month and consists of the type of problems customarily encountered in legal assistance offices in the field
The Post Judge Advocate is also responsible for processing claims anS1J1g from incidents in the Charlottesville area and transit damage for all local military personnel The School has authority to settle and pay claims up to $1000 Fifty-five claims were processed in Fiscal Year 1973
CPT Robie and Miss Brown
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APPENDIX A
ORGANIZATIONAL ROSTER THE JUDGE ADVOCATE GENERALS SCHOOL
(As of 30 June 1973)
COMMANDANT COL John Jay Douglass
OFFICE OF THE SCHOOL SECRETARY
School Secretary LTC Edward C Seufert Post Judge Advocate and CPT William R Robie
Asst School Secretary Adjutant CPT Richard Lynch Chief Logistics CPT William K Thompson Budget Officer Mr Joseph S White Supply Sergeant SFC Eddie H Green Chief Services Division CPT Arthur R Shepherd Protocol Officer 2LT Richard D Lyles Manager Officers Open Mess SSG Joe Mauldin Librarian Mrs R Vivian Hebert
ACADEMIC DEPARTMENT
Director COL William S Fulton Jr Operations Officer MAJ John W Begiebing Project Officer CPT William S Hopson IV Assistant to Director CPT Thomas E Workman Paralegal Training Officer CW2 Charles L West Educational Advisor Mr John A Sanderson Deputy Director for MAJ James A Endicott Jr
Nonresident Instruction Extension Course Officer CPT Joseph W Hely Jr
Procurement Law Division
Chief MAJ Richard E Mowry Senior Instructor MAJ Terrence E Devlin Instructors CPT Richard C Bruning
CPT Thomas R Wagner
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International amp Comparative Law Division
Chief MAJ James R Coker Senior Instructor MAJ James J McGowan Jr Instructors MAJ Charles A White
CPT David E Graham
Criminal Law Division
Chief LTC Hugh R Overholt Senior Instructor MAJ Paul H Ray Instructors MAJ Nancy A Hunter
MAJ Philip M Suarez MAJ Francis A Gilligan CPT William H Parks USMC CPT Jan Horbaly CPT Edward J Imwinkelried
Civil Law Division
Chief LTC David A Fontanella Senior Instructor MAJ Paul J Rice Instructors MAT Jack F Lane Jr
CPT George W Clarke CPT Bernard R Adams CPT Ronald C Griffin CPT Donald N Zillman
RESERVE AFFAIRS AND SPECIAL PROJECTS
Assistant Commandant for LTC Keith A Wagner Reserve Affairs
JAGC Reserve Components LTC James N McCune Career Management
Training Office
Chief CPT Eldon D Roberts
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DEVELOPMENT DOCTRINE amp LITERATURE DEPARTMENT
Director Development Officer Professional Liaison Officer
Military Operations Management amp Plans
Chief InstructorProject Officer
Doctrine amp Literature
Chief Editor Military Law Review
LTC John L Costello Jr CPT Royal Daniel III CPT John D Horne
MAJ James R Wessel MAJ William J Dwyer
CPT Stephen L Buescher CPT Miles J Mullin
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APPENDIX B
BACKGROUND INFORMATION ON OFFICER PERSONNEL
1 Active Duty Personnel (As of 30 June 1973)
COLONEL JOHN JAY DOUGLASS JAGC Commandant AB 1943 University of Nebraska JD 1952 University of Michigan MA 1964 George Washington University LLM 1973 University of Virginia Member of the Bars of Nebraska Michigan Republic of Korea and the US Court of Military Appeals
COLONEL WILLIAM S FULTON JR JAGC Director Academic Department JD 1950 University of New Mexico Member of the Bars of New Mexico US Court of Oaims US Court of Military Appeals and the US Supreme Court
LIEUTENANT COLONEL JOHN L COSTELLO JR JAGC Director Development Doctrine and Literature Department AB 1952 Dickinson College JD 1955 Qickinson School of Law MS 1964 Fletcher School of Law and Diplomacy Member of the Bars of Pennsylvania Republic of Korea and US Court of Military Appeals
LIEUTENANT COLONEL DAVID A FONTANELLA JAGC Chief Civil Law Division BS 1957 University of Connecticut JD 1964 UniversityofMichiganMEd 1973 University of Virginia Member of the Bars of Connecticut the US Court of Military Appeals and the US Supreme Court
LIEUTENANT COLONEL JAMES N McCUNE JAGC Chief Reserve Training BBA 1953 University of Toledo JD 1959 Georgetown University Law School LLM 1963 Georgetown University Law School Member of the Bars of Virginia the US Court of Oaims the US Court of Military Appeals and the US Supreme Court
LIEUTENANT COLONEL HUGH R OVERHOLT JAGC Chief Criminal Law Division BA 1955 JD 1957 University of Arkansas Member of the Bars of Arkansas US Court of Military Appeals and the US Supreme Court
LIEUTENANT COLONEL EDWARD C SEUFERT FA School Secretary BS 1955 University of Maine
LIEUTENANT COLONEL KEITH A WAGNER JAGC Assistant Commandant for Reserve Affairs BA 1954 JD 1964 Duquesne University Member of the Bars of Pennsylvania the District of Columbia US Court of Military Appeals and the US Supreme Court
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MAJOR JOHN W BEGIEBING Armor Deputy Director Academic Department BS 1957 Norwich University MA 1968 Stanford University
MAJOR JAMES R COKER JAGC Chief International and Comparative Law Division BA 1960 University of Notre Dame LLB 1961 University of Notre Dame MA 1970 Fletcher School of Law and Diplomacy Member of the Bars of Indiana the US Court of Military Appeals and the Federal District Court of Maryland
MAJOR TERRENCE E DEVLIN JAGC Senior Instructor Procurement Law Division BPh 1962 University of North Dakota JD 1965 University of North Dakota School of Law Member of the Bars of North Dakota US Court of Military Appeals US Court of Garms and the US Supreme Court
MAJOR WILLIAM 1 DWYER JR Armor InstructorProject Officer Military Operations Management and Plans BS 1960 The Citadel
MAJOR JAMES A ENDICOTT JR JAGC Deputy Director for Nonresident Instruction Academic Department BS 1960 The Citadel JD 1968 George Washington University Member of the Bars of Virginia the US Court of Military Appeals and the US Supreme Court
MAJOR FRANCIS A GILLIGAN JAGC Instructor Criminal Law Division BA 1961 Alfred University 1D 1964 State University of New York at Buffalo LLM 1970 The George Washington University Member of the Bars of New York the US Court of Military Appeals and the US Supreme Court and admitted to practice before the Court of Appeals State of New York
MAJOR NANCY A HUNTER JAGC Instructor Criminal Law Division AB 1959 University of Colorado JD 1967 Georgetown Law Center Member of the Bars of Virginia the US Court of Military Appeals and the US Supreme Court
MAJOR JACK F LANE JR JAGC Instructor Civil Law Division BA 1963 University of the South LLB 1966 University of Virginia Law School Member of the Bars of Virginia the US Court of Military Appeals and the US Supreme Court
MAJOR JAMES J McGOWAN JAGC Assistant Chief International and Comparative Law Division BS 1959 Spring Hill College LLB 1962 New York Law School LLM 1970 Georgetown University Law School Member of the Bars of New York the US Court of Military Appeals and the US Supreme Court
MAJOR RICHARD E MOWRY JAGC Chief Procurement Law Division AB 1957 College of Emporia LLB 1960 Washburn University Member of the Bars of
84
Kansas the US Court of Claims the US Court of Military Appeals and the US Supreme Court
MAJOR PAUL H RAY JAGC Senior Instructor Criminal Law Division BS 1955 Connecticut State College LLB 1963 Duke University Law School Member of the Bars of North Carolina the US Court of Military Appeals and the US Supreme Court
MAJOR PAUL J RICE JAGC Senior Instructor Civil Law Division AB 1960 JD 1962 University of Missouri LLM 1970 Northwestern University Member of the Bars of Missouri Illinois the US District Court for the Northern District of lllinois USCourt of Military Appeals and the US Supreme Court
MAJOR PHILIP M SUAREZ JAGC Instructor Criminal Law Division AB 1960 Boston College LLB 1963 Harvard Law School LLM 1970 University of Michigan Member of the Bar of Massachusetts
MAJOR JAMES R WESSEL Armor Chief Military Operations Management and Plans BS 1958 United States Military Academy
CAPTAIN BERNARD R ADAMS JAGC Instructor Civil Law Division AB 1966 Brown University LLB 1969 Yale Law School Member of the Bars of New York and the US Court of Military Appeals
CAPTAIN RICHARD C BRUNING JAGC Instructor Procurement Law Division BBA 1965 University of Iowa JD 1968 University of Iowa Member of the Bars of Iowa the US Court of Military Appeals the US Court of Claims and the US Supreme Court
CAPTAIN STEPHEN L BUESCHER JAGC Senior Legal Editor BA 1966middot Allegheny College JD 1969 Case Western Reserve University Member of the Bars of Ohio and the US Court of Military Appeals
CAPTAIN ROYAL DANIEL III JAGC Combat Development Officer BA 1967 Yale University LLB 1970 LLM 1972 University of Virginia Member of the Bars of Virginia and the US Court of Miiitary Appeals
CAPTAIN DAVID E GRAHAM JAGC Instructor International and Comparative Law Division BA 1966 Texas AampM University MA 1968 The George Washington University JD 1971 University of Texas School of Law Member of the Bars of Texas and the US Court of Military Appeals
85
CAPTAIN RONALD C GRIFFIN JAGC Instructor Civil Law Division BS 1965 Hampton Institute JD 1968 Howard University Law School Member of the Bars of the District of Columbia and the US Court of Military Appeals
CAPTAIN JOSEPH W HELY JR JAGC Extension Course Officer BA 1969 Texas AampM JD 1972 St Louis University Member of the Bars of Missouri and the US Court of Military Appeals
CAPTAIN WILLIAM S HOPSON IV JAGC Project Officer Academic Department BA 1966 LLB 1969 the University of Virginia Member of the Bars of the State of Virginia and the US Court of Military Appeals
CAPTAIN JAN HORBALY JAGC Instructor Criminal Law Division BA 1968 1D 1969 Case Western Reserve Member of the Bars of Ohio and the US Court of Military Appeals
CAPTAIN JOHN D HORNE JAGC Professional Liaison Officer BS 196810 1971 University of Tennessee Member of the Bars of Tennessee and the US Court of Military Appeals
CAPTAIN EDWARD J IMWINKELRIED JAGC Instructor Criminal Law Division BA 196710 1969 University of San Francisco Member of the Bars of California and the US Court of Military Appeals
CAPTAIN RICHARD 1 LYNCH AGC Adjutant BS 1967 The Citadel MBA 1972 Florida State University
CAPTAIN MILES 1 MULLIN JAGC Editor Military Law Review Doctrine and Literature Division BA 1967 Texas Christian University JD 1970 St Marys Member of the Bars of Texas and the US Court of Military Appeals
CAPTAIN WILLIAM H PARKS USMC Instructor Criminal Law Division BA 1963 JD 1966 Baylor University Member of the Bars of Texas Washington and the US Supreme Court
CAPTAIN ELDON ROBERTS JAGC Career Management Officer Reserve Affairs BA 1960 JD 1961 University of North Dakota Member of the Bars of North Dakota and the US Court of Military Appeals
CAPTAIN WILLIAM R ROBIE J AGC Assistant School Secretary and Post Judge Advocate BA 1966 1D 1969 Northwestern University Member of the Bars of Illinois the US Court of Military Appeals and the US District Court for the Northern District of Illinois
86
CAPTAIN ARTHUR R SHEPHERD AGC Services Division Coordinator BS 1966 United States Military Academy
CAPTAIN WILLIAM K THOMPSON QMC Chief Logistics BA 1965 Marquette University JD 1968 University of Wisconsin Law School Member of the Bar of Wisconsin
CAPTAIN THOMAS R WAGNER JAGC Instructor Procurement Law Division BS 1967 Bucknell University JD 1970 Temple University Member of the Bars of Pennsylvania and the US Court of Military Appeals
CAPTAIN THOMAS E WORKMAN JAGC Assistant to Director Academic Department BS 1966 Ohio State University JD 1969 Ohio State University College of Law Member of the Bars of Ohio and the US Court of Military Appeals
CAPTAIN DONALD N ZILLMAN Instructor Civil Law Division BS 1966 JD 1969 University of Wisconsin LLM 1973 the University of Virginia Member of the Bars of California Wisconsin and the US Court of Military Appeals
CW2 CHARLES L WEST Paralegal Training Officer Academic Department
87
2 Mobilization Designees
COLONEL DEMETRI M SPIRO JAGC USAR Deputy Commandant AB University of Chicago 1941 JD DePaul University 1948 Private practice of law Chicago Illinois
COLONEL BENJAMIN H SCHLEIDER JAGC USAR Assistant Director Academic Department BS Agricultural and Mechanical College of Texas 1943 JD University of Houston 1950 Private practice of law Houston Texas
LIEUTENANT COLONEL MORRIS B PETERSON JAGC USAR Assistant Chief Civil Law Division BS University of Oklahoma 1949 LLB University of Oklahoma 1952 LLM New York University 1959 Dean of School of Law University of Tulsa School of Law
LIEUTENANT COLONEL DANIEL J MEADOR JAGC USAR Instructor Civil Law Division AB Auburn University 1949 LLB University of Alabama 1951 LLM Harvard University 1954 Professor University of Virginia School of Law
MAJOR JAMES L BLAWIE JAGC USAR Instructor Civil Law Division BA University of Connecticut 1950 AM Boston University 1951 JD University of Chicago Law School 1955 PhD Boston University 195-9 Professor of Law University of Santa Oara School of Law
MAJOR GEORGE KALINSKI JAGC USAR Instructor Civil Law Division AB Wayne State University 1957 JD Wayne State University 1959 LLM Harvard University 1964 Private practice of law Marina Del Rey California
MAJOR FRANCIS J LARKIN JAGC USAR Instructor Civil Law Division BS Holy Cross College 1954 LLB Georgetown University Law Center 1957 LLM Georgetown University Law Center 1958 Professor Boston College Law School
CAPTAIN WALTER T COX JAGC USAR Instructor Civil Law Division BS Oemson University 1964 JD University of South Carolina 1967 Private practice of law Anderson South Carolina
CAPTAIN ROBERT P DAVIDOW JAGC USAR Instructor Civil Law Division AB Dartmouth College 1959 JD University of Michigan 1962 LLM Harvard University 1969 Professor Texas Tech University School of Law
LIEUTENANT COLONEL AARON S CONDON JAGC USAR Assistant Chief Criminal Law Division BA University of Alabama 1950 LLB University of Mississippi 1952 Associate Professor of Law University of Mississippi
LIEUTENANT COLONEL FRANK W ELLIOTT JAGC USAR Instructor Criminal
88
Law Division BA University of Texas 1951 LLB University of Texas 1957 Professor University of Texas at Austin
LIEUTENANT COLONEL EDWARD L MAGILL JAGC USAR Instructor Criminal Law Division BBA University of Miami 1952 JD University of Miami 1957 Private practice of law Miami Florida
LIEUTENANT COLONEL BENJAMIN M WALL JAGC USAR Instructor Criminal Law Division AA and AB Nebraska and Duke Universities 1951 LLB Harvard Law School 1953 Private practice of law Omaha Nebraska
MAJOR CHAPIN D CLARK JAGC USAR Instructor Criminal Law Division AB Kansas University 1952 LLB Kansas University 1954 LLM Columbia University 1959 Professor of Law University of Oregon
MAJOR THEODORE F FAY JR JAGC USAR Instructor Criminal Law Division BA State University of Iowa 1959 JD State University of Iowa 1962 Private practice of law Hugoton Kansas
CAPTAIN THOMAS C MARKS JR JAGC USAR Instructor Criminal Law Division BS Florida State University 1960 LLB Stetson University 1963 PhD University of Florida 1971 Professor Stetson Law School St Petersburg Florida
LIEUTENANT COLONEL PAUL D SUMMERS JR JAGC USAR Instructor International and Comparative Law Division BS U S Military Academy 1951 LLB University of Virginia School of Law 1957 Trust Officer Citizens Bank amp Trust Company Charlottesville Virginia
MAJOR PASCO M BOWMAN JAGC USAR Instructor International and Comparative Law Division BA Bridgewater College 1955 LLB New York University 1958 Dean Wake Forest University School of Law
MAJOR PAUL M GREEN JAGC USAR Instructor International and Comparative Law Division BBA University of Texas 1957 LLB and JD University of Texas 1957 Private practice of law San Antonio Texas
MAJOR FREDERICK GOLDSTEIN JAGC USAR Instructor International and Comparative Law Division BA Yale University LLB University of Virginia 1958 Private practice of law Boston Massachusetts
CAPTAIN JORDAN J PAUST JAGC USAR Instructor International and Comparative Law Division AB University of California 1965 J S University of California 1968 LLM University of Virginia 1972 J SD Candidate Yale Law School New Haven Connecticut
89
CAPTAIN EDWARD F SHERMAN JAGC USAR Instructor International and Comparative Law Division AB Georgetown University 1959 MA (History) University of Texas 1967 MA (English) University of Texas 1967 LLB Harvard 1972 Assistant Professor Indiana University School of Law Bloomington Indiana
LIEUTENANT COLONEL DONALD H HEDGES JAGC USAR Instructor Procurement Law Division BA University of Washington 1950 LLB University of Washington 1954 Attorney U S Department of Commerce Seattle Washington
MAJOR DONALD T WECKSTEIN JAGC USAR Assistant Chief Procurement Law Division BBA University of Wisconsin 1954 LLB University of Texas 1958LLM Yale Law School 1959 Professor San Diego School of Law San Diego California
MAJOR STRATTON R HEATH JAGC USAR Instructor Procurement Law Division BBA University of Wisconsin 1959 JD University of Wisconsin 1961 Attorney Office of Regional Counsel HITCO Denver Colorado
MAJOR JOHN S MILLER III JAGC USAR Instructor Procurement Law Division BA Hamilton College 1959 LLB University of Virginia 1962 LLM National Law Center George Washington University 1970 Attorney Office of General Counsel GSA Washington DC
MAJOR ROBERT L McCLOSKEY JAGC USAR Assistant Chief Special Training Division ~LB Georgetown University Law Center 1954 LLM Georgetown University Law Center 1955 Attorney Appalachian Regional Commission Washington DC
LIEUTENANT COLONEL EDWARD J ATKINS JAGC USAR Assistant Director Developments Doctrine and Literature Department LLB University of Miami 1963 Private practice of law Miami Florida
CAPTAIN DAVID C CUMMINS JAGC USAR Legal Writer Developments Doctrine and Literature Department BS University of Idaho 1957 LLB University of Washington 1960 Professor Texas Tech University Lubbock Texas
CAPTAIN STEPHEN DAVIS JAGC USAR Legal Writer Developments Doctrine and Literature Department BA Dickinson College 1960 LLB Columbia University 1963 Assistant District Attorney Kings County New York
CAPTAIN WINSTON M HAYTHE JAGC USAR Project Officer Office of the School Secretary BS Southwest Missouri State College 1963 JD College of William and Mary 1967 Private practice of law Washington DC
CAPTAIN CHARLES P ROSE JR JAGC USAR Project Officer Office of the School Secretary AB College of William and Mary 1964 JD Western Reserve University 1967 Assistant Professor Wake Forest University School of Law Winston-Salem North Carolina
90
APPENDIX C
ALLIED STUDENTS - FY 1973
LTC Leon O Ridao Philippines 21 st Advanced Class
MAJ Feraidoon Haji-Aboutaleb Tehrani Iran 21 st Advanced Class
Squadron Leader S M Anwar Pakistan Air Force 21 st Advanced Class
MAJ D H D Selwood United Kingdom 66th Basic Course
CPT Husni Salem AI Omari Jordan 66th Basic Course
91
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APPENDIX F
THESIS TOPICS AND SCOPE NOTES 21 st ADVANCED CLASS
CAPTAIN EILEEN M ALBERTSON USMC The Reversion of Okinawa Its Effect on the International Law of Sovereignty Over Territory
This thesis will analyze the principle that sovereignty over territory once recognized is perpetual and absolute until it is contractually agreed otherwise To do this Okinawa will be used as the factual model and four generally recognized principles of international law will provide the legal basis for discussion After setting the factual and legal stage a determination will be made as to Okinawa IS legal status in the international community the significance of that status the effect of the reversion of Okinawa as evidence of the acceptance of the proposed principle as well as its significance as a basis of major precedent in establishing the principle as international law Finally the relevance of the principle and its applicability and enforceability in a present day situation namely the Middle East crisis will be evaluated
SQUADRON LEADER SHEIKH MUHAMMAD ANWAR Pakistan Administration of Justice in the Pakistan Air Force
A brief review of the development of Pakistan is presented as a background for an explanation of the legal system of the Pakistan Air Force Major aspects of criminal legal system are discussed and include the jurisdictional extent of Air Force law over persons for investigation of charges and summary punishments organization structure and procedures of courts-martial and appellate and constitutional rights of service members Based on a comparative analysis of Pakistan and US military laws recommendations for improvements in limited areas of both systems are presented and discussed
CAPTAIN H JERE ARMSTRONG The Right of Confrontation=Then and Now
This article presents a study of the historical development of the Sixth Amendment Right of Confrontation in Federal and Military courts an analysis of seven tests suggested by the courts for determining when there has been a confrontation within the meaning of the Constitution and a consideration of the term actual unavailability as it relates to the admissibility of extrajudicial declarations in trials by court-martial
MAJOR JAMES A BADAMI Servicemens Unions Constitutional Desirable Practical
This paper examines the historical development of labor-management relations in
97
the private and the public sectors in seeking understanding of the basis for proposed servicemen IS unions It discusses the applicability and limitations of First Amendment rights to members of the military illustrated in court cases and administrative regulations A theoretical justification for such unions is based on successful examples from foreign countries aspects of unionism already present in the American military system and the demonstrated need for unions as an effective grievance procedure The conclusion offers guidelines and boundaries for the operation of servicemen IS unions within the military
LIEUTENANT COMMANDER ROBERT C BERKLEY USN Tax Planning and the Middle-Income Military Investor
This thesis presents an examination of present federal laws relating to tax planning for the middle-income military investor The analysis includes suggestions for tax minimizatiori for the military investor in securities and real estate as well as tax advice designed to assist the military investor in his ultimate goal of family security
MAJOR RICHARD S BUCK IV What Privileges Does the King Still Have in the Market Place
The defense of sovereign acts permits the Government to perform general and public acts as opposed to contractual acts and not be financially responsible to its contractors for the consequences of such acts This paper describes the past history of this doctrine and how it is applied today in such areas as minimum wage laws diplomatic affairs military operations excusable delay internal government operations etc Some changes in this doctrine could be made by changes in standard Government contract provisions
CAPTAIN BERNARD ROLLINS CARPENTER Enlistment--A Contract Status or Marriage
An historical approach to determine the legal nature of the enlistment relationship reveals potential issues which may be a basis for substantial litigation The enlistment relationship as an alleged legal contract and potential legal premises resulting therefrom are questioned in light of statutory enactments and court decision Suggested alternatives to the relationship by courts and writers are reviewed and analyzed for legal efficacy A seemingly settled area may become quite controversial as a volunteer Army is realized The purpose of this thesis is to point out potential areas of dispute define the relationship and suggest possible alternatives
CAPTAIN GEORGE W CLARKE Political Activity of Servicemen The Military Hatch Act and the First Amendment
Political activity by members of the armed forces is severely limited by military
98
regulations This regulatory scheme raises fundamental questions regarding the extent to which the First Amendment applies to servicemen the authority for promulgation of the regulations and the underlying reasons asserted to justify the restrictions This thesis attempts to answer those questions
CAPTAIN JAMES P COLEMAN Waiver by Guilty plea
This thesis examines the doctrines of waiver by guilty plea in military law and formulates a tentative rule by which current and future waiver issues may be analyzed In addition possible future developments in this evolving area of litigation are examined with reference to their probable effect upon the current state of the law
MAJOR DAVID B CRAIG Control and Discipline in the United States Army Reserve
This thesis will present an analysis of the procedures available to the US Army Reserve Unit Commander for the control and discipline of his troops to include a determination of unsatisfactory participation involuntary call to active duty administrative reduction and elimination Additionally this thesis will silhouette the present system against the desires and concepts of the modern volunteer Army to produce specific suggestions and recommendations for the future
CAPTAIN JERALD D CROW USMC Emoluments of Military Service as Community Property
The effects of community property law upon military emoluments are little known nor considered by servicemen Military attorneys counseling servicemen contemplating divorce in community property states are usually unfamiliar with community property implications and have no readily available source of information The author has drawn together the bulk of cases from all community property jurisdictions construing military emoluments An analysis is made of major cases problem areas discussed and conclusions presented as to the commun~ty character of each emolument considered Recommendations are made for dealing with possible problem areas
MAJOR LEONARD H DANCHECK Forgotten My Lais US Intervention Occupation and Pacification in Haiti (1915-1920)
This artic1~ is a case study of the causes and background of the 1915 United States intervention in Haiti the subsequent United States occupation of the country the suppression in 1919-1920 of the insurrection that developed in opposition to American control the alleged atrocities committed during the suppression the reaction to the alleged atrocities by the nations press and the investigations of the alleged atrocities by the Navy Marine Corps and the United States Senate
99
CAPTAIN HOWARD C EGGERS The Specificity Required in Military Search Warrants
This thesis discusses the need for a definite description of the place to be searched and the things to be seized in military search warrants It is an attempt to define specificity standards for the use of military magistrates in drafting warrants An analysis of current civilian standards as revealed in federal case law and present military practices in the search area establishes certain guidelines to be followed
CAPTAIN RUSSELL J FONTENOT Development of the Staff Legal Officers Responsibility Under the Law of War
A study of the origins and development of the criminal responsibility of the individual staff legal officer under the law of war consideration is given to both the effects of international law and the municipalized law of war a detailed analysis is made of the substantive international standards announced at Nuennberg and how these standards were applied not only to the lawyer but also to the commander and his other staff officers
CAPTAIN ROBERT M FRAZEE Flag Desecration Symbolic Speech and the Military
To analyze federal law selected state laws and Army regulations concerning flag desecration as it pertains to freedom of speech Emphasis will be placed upon the public and private interests what is meant by desecration of the flag what is a flag within the meaning of these statutes and what are the particular military interests and responsibilities in the enforcement of flag desecration statutes
MAJOR WENDELL R GIDEON Federal Medical Care Recovery Act Methods and Sources of Recovery and the Impact of No-Fault Insurance
This thesis examines the methods and sources of recovery under the Federal Medical Care Recovery Act and recommends ways of increasing their effectiveness In addition an analysis is made as to the impact that no-fault insurance will have upon the recovery program and to recommend ways of solving the problems which no-fault legislation appears to have created to include enactment of National No-Fault Law and amending the Federal Medical Care Recovery Act itself
CAPTAIN DEWEY CABELL GILLEY JR Using Counsel to Make Military Pretrial Procedure More Effective
An examination of what the role of counsel in pretrial procedure in the military should be Specifically when the right of counsel attaches currently and under constitutional standards what the role of counsel is in pretrial procedure in the military and in civilian jurisdictions and what the role of counsel would be in pretrial procedure
100
as changed by Army pilot programs and by proposed amendments to the Uniform Code of Military Justice The thesis recommends utilizing the safeguards of civilian jurisdictions in pretrial procedure in the military in a way which will preserve command responsibility for morale and discipline
CAPTAIN CHARLES H GIUNTINI Motivating the Military Lawyer
The current retention outlook concerning Judge Advocate General officers and the projections regarding the retention problems of the future require critical analysis of all aspects of the management of those serving on active duty in the corps This thesis discusses the concept of job safisfaction in an attempt to provide the Judge Advocate Manager meaningful suggestions concerning the motivation of the military lawyer
CAPTAIN JOHN C GOLDEN III Doctrine of Immunity Regarding Military Personnel and Federal Employees for Official Acts
An examination of personal liability and the doctrine of immunity pertaining to military personnel and other federal employees for tortious conduct arising from official acts with proposals for providing adequate remedies
CAPTAIN ARTHUR G HAESSIG The Soldiers Right to Procedural Due Process The Right to be Heard
An analysis of the enlisted soldiers right to be heard as an element of procedural due process in certain adverse personnel actions In particular an analysis of present Army regulatory procedures and the due process right to be heard in the revocation of security clearances enlisted separation for unfitness and unsuitability enlisted reduction for civil conviction and for inefficiency bars to reenlistment reclassification of the enlisted soldiers Military Occupational Specialty (MOS) and to the extent that the soldiers career is adversely affected by the preceding actions the Armys Qualitative Management Program The analysis examines thes~ procedures in light of current law and proposes a general regulatory change to insure the soldiers right to be meaningfully heard
MAJOR WILLIAM J HEMMER Violation of the Military Superior--Subordinate Relationship is a Crime Isn It
In the midst of vast hue and cry for the civilization of military justice exists a strident count~rvailing assertion that the Armys discipline is goinghas gone to hell in a handbasket because military justice is too civilianized The author undertakes an interdisciplinary examination of a microcosm the application of criminal sanctions to fraternizations by an officer with an enlisted man From this examination conclusions are drawn as to the dilemma of the larger unity
101
CAPTAIN FRANKLIN D HOLDER USMC A Historical Development of Mutiny
A study of the federal and military acts of mutiny with particular emphasis on the historical development of the substantive law and the jurisdictional aspects
MAJOR WAYNE R ISKRA The Right to Privacy in the Military Service
Trace the historical role of the commander to conduct inspects and briefly compare it with the role of the commander in authorizing searches based on probable cause Compare the military case law on the right of the commander to inspect barracks on post housing place of duty and conduct inventories with the recent civilian case law involving inspections by governmental agencies on private homes and businesses Evaluate the VOLAR concept which appears to place emphasis on making military life more attractive to the soldier ie individual rooms in barracks with the need to solve pressing military problems ie drug abuse Attempt to reach some conclusions as to whether the right of the commander to conduct inspections can andor should b~ broadened I intend to utilize military and civilian law review articles legal and nonlegal publications and civilian and military court decisions with special emphasis on US v Biswell 40LW4489 (1972) and US v Grace 42 CMR 11 (1970)
MAJOR THOMAS A KNAPP Problems of Consent in Medical Treatment and Human Experimentation
After a general review of the history and origin of informed consent the thesis concentrates on the nature of consent with emphasis on the consent form inquiry into the emergency doctrine an analysis of the qualified right of an adult to refuse medical care and an examination of informed consent in human experimentation with comment on the Tuskegee Study The author concludes that a revision of consent forms should insure that the individual has given informed consent that the Army Regulation dealing with the refusal of medical care should be revised to comport with civilian standards and a disinterested third party assist in obtaining informed consent in the area of human experience
CAPTAIN WILLIAM J LEHMAN Suffer the Little Children Child Maltreatment in the Military
This paper examines child maltreatment in an historical context and traces the evolution of civilian laws designed to protect maltreated children The existence of child maltreatment in military families is documented and an analysis made of the existing methods for dealing with the problem within the military The problems peculiar to administration of a child welfare system by the military including jurisdiction and available resources are examined in depth Recommendations are advanced for improving the
102
handling of child maltreatment in the military environment
LIEUTENANT COLONEL MARTIN R LOFTUS What is a Custodial Interrogation in
Military Legal Practice
The objective of this thesis is to determine what is a custodial interrogation in military legal practice Analysis includes a determination of when an interrogation becomes custodial examining five possible texts of focus subjective belief of the person being questioned objective belief of the person being questioned subjective intent of arresting officer and whether the person being questioned is objectively or subjectively a suspect In addition an analysis is also made of what is an interrogation examining the areas of spontaneous statements verbal acts searches handwriting and voice identification
MAJOR HALDANE ROBERT MAYER Constitutionality of Commander Authorized Searches and Seizures
This is a study of the evolution of the constitutional mandate that searches be authorized by neutral and detached magistrates and not by officials engaged in the police activities of government The core of the study is an investigation of search authorization practices in military law specifically the Army and a judgment as to their compliance with the Supreme Courts Fourth Amendment requirement of impartiality on the part of the officer who authorizes searches Recommendations for change in the military process conclude the study
CAPT AIN KENNETH M MITCHELL Is Article 117 Unconstitutional Due to Vagueness and Contrary to the First Amendment
This thesis presents a review and analysis Qf past military decisions involving the offense of Article 17 provoking words and gestures with particular emphasis on the question whether Article 17 is unconstitutional due to vagueness and contrary to the protection afforded by the First Amendment
MAJOR CHARLES A MURRAY The Power of the Post Commander to Proscribe Speech and Expression
A study of the power of the post commander to proscribe speech and expression on post with particular emphasis on those powers explicitly set forth by statutes those powers implicit by statutes and regulations and the recent case law with a view towards ascertaining the current legal status of those powers
103
CAPTAIN WILLIAM J NORTON II United States Obligations Under Status of Forces Agreements A New Method of Extradition
This article examines the rights and obligations acquired and undertaken by the United States Government and its Armed Forces under the numerous Status of Forces Agreements concluded by the United States since 1951 to determine whether the United States has any international duty stemming from those agreements to return to foreign states or in effect to extradite individuals who allegedly commit crimes in the foreign state but happen to depart that state before its full criminal processes have been exhausted
CAPTAIN MAURICE J OBRIEN Scanwell-Light at the End of the Tunnel
This article analyzes an unsuccessful bidders entitlement to judicial review of a procurement award It also examines the judicial remedies available to an unsuccessful bidder and the rules and procedures for their application It evaluates the effects and the effectiveness of the judicial relief provided and it concludes with a suggestion for a more appropriate review procedure
CAPTAIN WILLIAM H PARKS USMC Command Responsibility
A comparative analysis of war crimes trials involving command responsibility in order to determine the standards required of a military commander in combat with regard to prevention investigation reporting and prosecution of war crimes Included in this examination will be a view of the criminal responsibility of the com bat commander possible offenses and the question of degree of intent required
CAPTAIN FRANK J PYLE JR Light at the End of the Tunnel-Prison Exile or Amnesty
Beginning with the backdrop of dissent and the end of United States participation in Vietnam the history of amnesty is examined The emphasis is on United States history and the sources of authority for granting amnesty in the United States To focus on todays situation the possible amnesty claimants are examined as well as the forms in which an amnesty might be granted Considerations and arguments for and against granting amnesty are given Possible implementation is examined with a prediction as to the possibility of a post-Vietnam amnesty
CAPTAIN ROYCE C RICH Liability Under the Federal Tort Claims Act During Permanent Change of Station Travel
The purpose of this thesis is to examine the divergent holdings of the various United States Circuit Court of Appeals on the issue of scope of employment under the Federal
104
Tort Claims Act in the case of nilitary personnel during permanent change of station travel An analysis will be made of the factors considered by the courts in their opinions and a comparison will be made with the legislative intent of Congress when it passed the Federal Tort Claims Act Finally appropriate corrective action will be outlined which will help preserve the intent of Congress when it passed this Act
LIEUTENANT COLONEL LEON O RIDAO Republic of the Philippines The Philippine Claims to Internal Waters and Territorial Sea An Appraisal
Who shall control the seas and for what purposes These Professor Schewebel states are the great issues involved in the contemporary worldwide struggle over the content of the law of the sea Nations of the world have been confronted with these issues ever since the great voyages of discoveries and the growth of navies of the States Recent advances in technology have heightened the conflict In view of such technological strides more and more States have found greater need for the exercise of sovereignty or jurisdiction over larger portions of the sea adjacent to their coasts than ever before Asserted interests are diverse and important The result is the rise of so many competing national claims that it may well be said that the present international law of the sea like the sea itself is in perpetual movement it is in a state of upheaval
The Republic of the Philippines consider as part of its national territory all the waters lying within the international treaty limits of the Philippines
It is the purpose of this study to determine the validity under international law of these Philippine claims to its internal waters and territorial sea
CAPTAIN JEROME W SCANLON JR The Scope of a Search Incident to a Lawful Arrest
This thesis presents an analysis of the law of the scope of a search incident to a lawful arrest as developed by the United States Supreme Court and other courts The author develops the rationale used to formulate the rules in the three types of areas which are the subject of such a search-the premises where the arrest took place the vehicle driven or occupied by the accused at the time of arrest and the search of the arrestees person This thesis also outlines the considerations which must be taken into account by the arresting police officers and the prosecuting attorney in order to sustain a particular search
CAPTAIN WILLIAM N SCHNELL The Decline of the Judicial Doctrine of Nonreviewability of Military Decisions Ordering or Denying Discharges
An examination of recent federal court decisions revealing an increased judicial trend to review some administrative proceedings affecting internal matters of the military and maintaining the traditional judicial doctrine of nonreviewability of military discretionary acts
105
CAPTAIN TIMOTHY J SIMMONS The Post Trial
This thesis briefly examines the historical antecedents to the present post trial review It then discusses the present requirements which have been imposed statutorily and judicially Alternative approaches to the present formalized system are discussed and specific recommendations are made to create a more workable post trial review Finally an interim approach is recommended to reduce the problems with the post trial review until statutory changes can be made
MAJOR FERAIDOON H TEHRANI Imperial Iranian Army Comparison of Military and Civilian Criminal Procedures in Iran
This paper examines the criminal proced ures in the military and civilian courts in Iran Where the procedures are similar the military court procedure is discussed otherwise the differences are reviewed and compared in detail
CAPTAIN CHARLES W TRAINOR The Buy American Act An Examination Analysis and Comparison
This study examines the principles of the Buy American Act from its inception through its present application noting those consistencies and inconsistencies with the original legislative intent of the 1933 Act and resultant effect of the Executive Order of 1954 The Act is further compared with the Most Favored Nation IS Gause and the exculpatory paragraphs of the General Agreements on Tariffs and Trade dealing with buy-national policies of its member states The buy-domestic policies of seventeen nations are then set forth distinguishing the United States policy as enumerated in the Act Concluding the study are suggestions for further implementation of the Act making it more responsive to those it was intended to serve
MAJOR CHARLES A WHITE JR Residual Value--Candles and Costs
This paper discusses the problems inherent in the recovery of residual value for United States investments in the Federal Republic of Germany 1963-1973 It details the background of the US operations concerning real estate through the Occupation Period (1945-1955) and into the Contractural Relations Period (1955-1963) The negotiations of the Damages and Residual Value Articles of the Supplementary Agreement is covered in detail The paper encompasses all legal and practical aspects arising under the provisions of Articles 41 and 52 as they pertain to residual value A general world-wide survey of the subject is not included
106
APPENDIX G
GUEST MEMBERS THESIS EVALUATION COMMITTEES 21 st ADVANCED CLASS
Brigadier General Edmund Montgomery USAR Lieutenant Colonel Thomas H Davis
Administrative Law Division OTJAG Colonel R D Michelson
USMC HQ U S Marine Corps Washington D C Professor Robinson O Everett
Duke University Durham North Carolina Dr Thomas H Hunter
UVA Medical School Professor Lawrence Gaughan
Washington amp Lee University School of Law Lieutenant Colonel Wayne E Alley
Judge U S Army Court of Military Review Professor John Ritchie
UVA Law School Major General Kenneth J Hodson
Chief Judge U S Army Court of Military Review Lieutenant Colonel Richard McNealy
Deputy International Affairs Division OTJAG Professor Walter J Wadlington
UVA Law School Mr James Michael
Office of Legal Adviser Department of State Major William G Eckhardt
Litigation Division OTJAG Lieutenant Colonel Ronald M Holdaway
Chief Government Appellate Division OTJAG Professor Richard E Speidel
UVA Law School Professor Carl McFarland
UVA Law School Professor Charles H Whitebread
UV A Law School Mr John Schulz
Editor-in-Chief Military Law Reporter Washington D C Colonel Joseph Van Oeve Jr
Chief Contract Appeals Division OTJAG
107
Colonel William T Rogers Senior Judge U S Army Court of Military Review
Professor James Bond Washington amp Lee University School of Law
Professor Donald Curtis Administrative Assistant Graduate School of Business Administration UVA
Brigadier General Lawrence H Williams Assistant Judge Advocate General for Military Law OTJAG
Mr Philip M Wilson U S Army Claims ServiceFt Meade Maryland
LCDR Thomas R Santfer HQ Department of the Navy Washington D C
Major Frank Stone SOFA Team Chief International Affairs Division OTJAG
Mr Waldemar A Solf Chief International Affairs Division OTJAG
Colonel Alton H Harvey Chief Military Justice Division OTJAG
Lieutenant Colonel Abraham Nemrow (Ret) Clerk Court of Military Review
108
APPENDIX H
21st ADVANCED CLASS GRADUATES
CPT Eileen M Albertson USMC CPT Franklin D Holder USMC SQUAD LDR Sheikh Muhammad Anwar MAJ Wayne R Iskra CPT Henry J Armstrong CPT Henry C Karlson MAJ James A Badami MAJ Thomas A Knapp LCdr Robert C Berkley USN CPT William J Lehman MAJ Richard S Buck IV LTC Martin R Loftus CPT Bernard R Carpenter MAJ Haldane R Mayer CPT George W Clarke CPT Kenneth M Mitchell CPT James P Coleman MAJ Charles A Murray MAJ David B Craig MAJ William J Norton II CPT Jerald D Crow USMC CPT Maurice J OBrien MAJ Leonard H Dancheck CPT William H Parks USMC CPT Howard C Eggers CPT Frank J Pyle Jr CPT Russell J Fontenot CPT Royce C Rich CPT Robert M Frazee LTC Leon O Ridao MAJ Wendell R Gideon CPT Jerome W Scanlon Jr CPT Dewey C Gilley Jr CPT William N Schnell CPT Charles H Giuntini CPT Timothy J Simmons CPT John C Golden III CPT Feraidoon H Tehrani CPT Arthur G Haessig CPT Charles W Trainor MAJ William J Hemmer MAJ Charles A White Jr
109
APPENDIX I
ACADEMIC AWARDS 21 st ADVANCED CLASS
HIGHEST OVERALL CLASS STANDING
Award for Professional Merit -- American Bar Association
CAPTAIN GEORGE W CLARK CAPTAIN HOWARD C EGGERS CAPTAIN HENRY C KARLSON
SECOND HIGHEST OVERALL CLASS STANDING
Award for Professional Merit -- The Judge Advocate Generals School
CAPTAIN DEWEY C GILLEY JR
HIGHEST STANDING IN CIVIL LAW
Award for Distinguished Accomplishment - Judge Advocates Association
CAPTAIN HENRY C KARLSON
HIGHEST STANDING IN CRIMINAL LAW
Judge Paul W Brosman Award -- United States Court of Military Appeals
CAPTAIN HENRY C KARLSON
HIGHEST STANDING IN INTERNATIONAL AND COMPARATIVE LAW
Award for Distinguished Accomplishment - The Judge Advocate Generals School
CAPTAIN HENRY C KARLSON
HIGHEST STANDING IN MILITARY COMMAND AND STAFF
Plaque - Association of the United States Army
CAPTAIN DEWEY C GILLEY JR
III
HIGHEST STANDING IN PROCUREMENT LAW
Award for Distinguished Accomplishment -- The Foundation of the Federal Bar Association
CAPTAIN HOWARD C EGGERS
OUTSTANDING THESIS
Award for Distinguished Scholarship -- The Judge Advocate Generals School
CAPTAIN GEORGE W CLARKE
112
APPENDIX J
65th BASIC CLASS GRADUATES
CPT Robert F Apgar CPT Kenneth L Baker LT Robert L Beauregard USCE CPT Paul C Besozzi CPT Burk E Bishop CPT Charles W Boohar J r CPT Mack W Borgen CPT Victor S Carter Jr CPT Michael R Caryl CPT Joseph W Ca~per
CPT Madge K Casper CPT Dayton M Cramer CPT David M Curtis CPT Charles B Dickson MAJ Alfred J Dirska CPT Robert D Doane CPT Terence M Donnelly CPT John E Dorsey LT Winona G Dufford USCG CPT Jerry G Du Terroil CPT David R Dowell CPT Stephen A J Eisenberg LT Robert W Ferguson USCG LT Philip L Font USCG CPT Raymond G Frere CPT John W Fryer CPT John P Halvorsen CPT Patrick K Hargus CPT Dennis E Harrold CPT James R Hill Jr CPT John R Hill CPT Earl T Hilt s LT Franklin D Hoffman Jr USCG LT Francis P Hopkins Jr USCG CPT Harry D Hoskins III
66th BASIC
CPT Thomas B Allen CPT James W Almand
CPT George W House CPT Sammy S Knight CPT Gary J Krump CPT Ralph E Larson CPT Fredric I Lederer CPT Gerald J Leeling CPT David R Lorence CPT John W Lewis CPT John R MacPherson CPT Gary R McSpadden CPT Peter H Mathis CPT Jack H Morgan LT Howard S Myers III USCG CPT Joyce E Plaut CPT Peter K Plaut LT Robert J Reining USCG CPT Nicholas P Retson CPT George D Reynolds CPT Paul A Robblee Jr CPT Stephen H Rovak CPT John G Sauer CPT Lawrence L Severson LT William B Short Jr USCG CPT Dale B Smith CPT Nick J Staihar CPT Lewis R Stark CPT Richard G Stein LT James J Tamulski USCG CPT Thomas N Tromey CPT Vaughan E Taylor CPT Stephen G Varga CPT Dennis J Wing CPT Donn T Wonnell CPT Edward R Ziegler LT Stephen H Zimmerman USCG
CLASS GRADUATES
CPT Richard S Blakely CPT Alexander L Blondeau Jr
113
CPT Paul L LuedtkeCPT Stanley D Brown CPT Robert A McSorley CPT Chester H Budz CPT Ronald J MedarisCPT Richard W Cairns CPT Larry S MerckCPT Barry N Capalbo CPT Donald Morgan CPT John E Caulking CPT Philip E Mullin CPT Peter B Crary CPT Husni Salem Omari Jordanian Army CPT Willis D Cronkhite III CPT Frank T Pandora II CPT Patrick F Crow CPT Jerry R ProthroCPT King K Culp CPT Joseph A RehyanskyCPT James R Dedrick CPT Eldon D RobertsCPT Peter M Desler CPT Robert W SchiveraLT John H Distin USCG CPT John F SchmutzCPT Daniel J Dykstra Jr CPT Gerald A SchroederCPT James S Eakes CPT Paul M ScottCPT Frank B Ecker Jr CPT John R SeeronenCPT Robert D Ganstine CPT Ruurd C SegaarCPT James L Goetz MAJ David HD Selwood British Army CPT Michael H Gottesman CPT Frederic N SmalkinCPT Keith H Harnack CPT Brian K SmithCPT John D Hand CPT Ronald M SmithCPT Joseph W Hely Jr CPT Stephen L SmithCPT Ted B Herbert CPT Shelby L Starling JrCPT James A Hightower Jr CPT Richard T St Clair CPT Paul F Hill CPT Guyton O Terry JrCPT Stephen A Husman CPT Lewis L Thompson JrCPT Joseph P Kulik Jr CPT Harry A Tucker Jr CPT Harry L Lamb Jr CPT Lanny T Winberry CPT Lafayette J Lamb CPT Lawrence E Wzorek CPT Mark R Lindenmeyer
67th BASIC CLASS GRADUATES
CPT Raymond R DeckertCPT George W Bailey Jr CPT Leroy L De NooyerCPT William J Baker CPT John J DioguardiCPT K Reid Berglund CPT Chauncey W Durden III CPT William G Berkson CPT Gregory L EdlefsenCPT John D Billingslea Jr CPT William H EldridgeCPT Jack T Brooks CPT Ray A FarringtonCPT Edward G Bryant CPT Dominic A Femino JrCPT Stephen R Burns CPT Frank T FlanneryCPT Demmon F Canner CPT Cecil G Foster JrCPT Richard A Cefola CPT Charles C FreyerCPT Matthew J Coco CPT William P FugelsoCPT Peter J Curry CPT Russell J GeoffreyCPT Lawrence R Daniels
114
CPT Jerry H Gilbert CPT Daniel R Grills CPT Robert L Guinn CPT Alfred H Juechter Jr CPT Marshall M Kaplan CPT Douglas 1 Kaukl CPT Donald L Ketels Jr CPT Dennis A Klejna CPT Carlos E Lazarus CPT Jerome L Lemberger CPT John J Madden Jr CPT Frank C Marshall Jr CPT John B Martin CPT Carlos G Martinez CPT Everett D Marvin III CPT Roger K Masuda CPT Dale V Matthews CPT Daniel C McCarthy CPT Samuel P Militello CPT Clifford J Moy CPT Paul S Murphy CPT Steven D Needle CPT Charles M Nester CPT John K Northrop
CPT James M Norton CPT Willard E Nyman III CPT Louis F Pine II CPT Robert A Prentice CPT Herbert L Raiche CPT John T Rank CPT Michael G Rice CPT Wayne G Rod CPT James H Rosenblatt CPT Michael L Rudasill CPT James A Rupp CPT Stephen V Saynisch CPT Benjamin H Settle CPT Charles W Sheehan Jr CPT Anthony J Siano CPT Douglas C Smith CPT William L Sossaman CPT Craig L Stevenson CPT Marshall M Sweeney CPT Allan A Toomey CPT Martha J Trudo CPT John K Vreeland CPT Craig M Wilson CPT Eduard T L Zijlstra
68th BASIC CLASS GRADUATES
CPT Richard C Bentley CPT Fay the A Blake CPT John R Bone LT Robert G Bright USCG CPT William 1 Caron CPT Larry G Cecil CPT Ronald L Chapman CPT Hugh E Cherry CPT Michael C Denny CPT Graydon W Dimkoff CPT Ronald E Erickson CPT Ralph J Frick Jr CPT Lester M H Goo CPT Glenn S Hara CPT William C Jaekel CPT Thaddeus J Keefe III
CPT Leslie E LeDoux II CPT Robert A Long Jr CPT William G F Mill er CPT Kenneth E Mitchell LT James D Morgan USCG CPT Robert E Morris CPT Vahan Moushegian Jr CPT Frank R Newett CPT Richard H Nixon CPT James P Ring CPT Conrad J Rybicki CPT Ronald J Shea LT John E Shkor USCG CPT Lawrence A Smith CPT Frank J Wagner Jr CPT Alvern C Weed
115
bull
APPENDIX K
BASIC CLASS ACADEMIC AWARDS
American Bar Association Award for Professional Merit (highest overall academic standing)
CPT Robert F Apgar 65th Basic CPT Lawrence E Wzorek 66th Basic CPT John K Vreeland 67th Basic CPT Robert A Long Jr 68th Basic
Commandants Award for Professional Merit (second highest overall academic standing)
CPT John R MacPherson 65th Basic CPT Frederick N Smalkin 66th Basic CPT John T Rank 67th Basic CPT Glenn S Hara 68th Basic
Judge Paul W Brosman Award United States Court of Military Appeals (highest standing in Criminal law subjects)
CPT Robert F Apgar 65th Basic CPT Gerald J Leeling 65th Basic CPT John R MacPherson 65th Basic CPT Peter K Plaut 65th Basic CPT Dale B Smith 65th Basic CPT James W Almand 66th Basic CPT Frederick N Smalkin 66th Basic CPT Harry A Tucker Jr 66th Basic CPT Lawrence E Wzorek 66th Basic CPT John K Vreeland 67th Basic CPT Robert A Long Jr 68th Basic CPT Frank R Newett 68th Basic
The Foundation of the Federal Bar Association Award for Distinguished Accomplishment (highest standing in Procurement Law subjects)
CPT Charles B Dickson CPT Frederick N Smalkin CPT John J Dioguardi CPT William C Jaekel
65th Basic 66th Basic 67th Basic 68th Basic
117
Judge Advocates Association Award for
CPT Joyce E Plaut CPT James W Almand CPT Paul M Scott CPT Lawrence E Wzorek CPT George W Bailey Jr CPT Hugh E Cherry
Achievement (highest standing in Civil Law)
65th Basic 66th Basic 66th Basic 66th Basic 67th Basic 68th Basic
Association of the United States Army Plaque (highest standing in Phase I)
CPT John R Hill CPT Alexander L Blondeau Jr CPT Willis D Cronkhite CPT John J Dioguardi CPT Ronald L Chapman
65th Basic 66th Basic 66th Basic 67th Basic 68th Basic
118
GUEST
SPEAKER
Mr Roscoe J Ailor Chief Recovery Division U S Army Claims Service Fort Meade Maryland
Professor Richard C Allen Director Institute of Law Psychiatry and Criminology George Washington University
Mr Harry H Almond Jr Senior Attorney-Advisor Office of General Counsel for International Affairs Office of Secretary of Defense
BG Bruce C Babbitt USA Assistant Judge Advocate General for Civil Law
Professor Richard R Baxter Harvard University School of Law
LTC Harry Beavers MC Chief Family Planning Service Walter Reed Medical Center
Colonel Myron Birnbaum USAF U S Air Force Judiciary
Major Ramond K Bluhm U S Army Civil Affairs School Fort Bragg North Carolina
Professor James E Bond School of Law Washington amp Lee University
APPENDIX L
SPEAKERS AND VISITORS
TOPICPURPOSE OF VISIT
Oaims Administration Panel
Examination of a Psychiatrist
The Law of War - Applied to Weapons and Targets
Addressed Opening Exercises of the 54th Procurement Attorneys Course and the Third Procurement Attorneys Advanced Course conducted Advanced Class Seminar
Perspectives on Work Being Done on the Geneva Conventions of 1949
Family Counseling and Family Planning
Armed Services Correctional Program
U S Civil Affairs Current Developments
Internal Conflicts and Common Article 3
119
Captain Michael A Brodie JAGC Litigation Division OTJAG
Captain Clifford D Brooks JAGC Procurement Law Division OTJ AG
Dr Robert Brown Psychiatrist Charlottesville Virginia
Mr Thomas V Bryant Jr Office of the General Counsel Small Business Administration
Mrs Nancy Buc Assistant Director for Consumer
Education Bureau of Consumer Protection Federal Trade Commission
Mr Francis T Buckley Chief Counsel U S Army Missile Command Redstone Arsenal
Hon John A Busterud Deputy Assistant Secretary of Defense Washington D C
Hon J Fred B uzhard t General Counsel Department of Defense
Mr John Carey Partner Coudert Bros Law Firm New York
Major General J S Cheney USAF The Judge Advocate General U S Air Force
Evaluation and Settlement of Suits under the Federal Tort Claims Act and Federal Care Recovery Act The Federal Medical Care Recovery Act
Labor Standards in Government Contracts Special Interest Institutes
Family Law Panel
The 8(a) Subcontracting Program
Consumer Protection Panel
Weapons Systems Acquisition vs Procurement at Post Camp and Station Level
Environmental Quality
Addressed 1972 JAG Conference
Recent Developments in Human Rights
Conducted Advanced Oass Seminar
120
Dr Lawrence E Chermak Funding of Major Acquisitions Counsel for the Comptroller of the Navy Office of the General Counsel Department of the Navy
Colonel Jerry E Connor USAF Chief Legal Assistance Division OTJAG Department of the Air Force
LTC Albert A Covington JAGC Staff Judge Advocate Retraining Brigade Fort Riley Kansas
Mr Richard Cunningham Office of the General Counsel U S Army Corps of Engineers
Mr Gilbert Cuneo Partner Sellers Conner amp Cuneo Washington D C
Mr Overton A Currie Partner Smith Currie amp Hancock Atlanta Georgia
Mr Jerome J Curtis Jr Assistant Professor of Law Marshall-Wythe School of Law College of William and Mary
Hon William H Darden Chief Judge U S Court of Military Appeals
Hon Arno H Denecke Associate Justice Oregon Supreme Court
Mr Edwin Dosek Bureau of Consumer Protection Federal Trade Commission
Current Status and Future Plans for Pilot Legal Services Program
Retraining the Soldier
The Army What the Future Holds The Army An Impact Statement on the Effects of Environmental Law-The Lawyers View
Contractors View of Board of Contract Appeals
Contractors View of Performance Problems of Construction Contracts
Real Estate Transactions
Addressed JAGSO Units
Hearsay Hazards
Consumer Protection Panel
121
Mr Dolf Droge National Security Council Staff The White House
Mr Stanley Dubroff Chief Counsel Electronics Command Fort Monmouth New Jersey
LTC Joseph A Dudzik JAGC Procurement Law Division OTJAG
Hon Robert M Duncan Judge United States Court of Military Appeals
Major William G Eckhardt JAGC Chief Personnel Affairs Branch Litigation Division OTJ AG
Colonel John L Fellows Jr ARM Commanding Officer U S Army Garrison Presidio of San Francisco
Mr Allen Felts Oaims Training Director Eastern Regional Office State Farm Insurance Company
Mr Nicholas A Fidandis Commissioner Federal Mediation amp Conciliation Service
Colonel Zane E Finkelstein JAGC Office Chairman Joint Chiefs of Staff Department of Defense
Mr Lawrence D Gaughan Associate Professor of Law Washington amp Lee University School of Law
An Analysis of the Vietnam Situation
Practical Aspects of Contract Types and Negotiation Procurement EthiQs
Current Developments in Procurement Law
The Military Judge and the Court of Military Appeals
Helping a Commander Control his Installation Relationships Between DA and Department of Justice and Litigation Reports Panel
The Legal Problems of an Installation Commander
Insurance Company View on Claims Settlement
Impasse Mediation
Joint Chiefs of Staff On-Going Agreements
An Outline of the Civil Law System and Doctrine Civil Affairs in Combat The Israeli Experience
122
Captain Norman L Goldberg JAGC Military Personnel Law Team Administrative Law Division OTJAG
Colonel Viviano Gomez Jr JAGC Staff Judge Advocate U S Army Training Center Fort Ord California
Professor Gidon A G Gottlieb School of Law New York University
Captain Kenneth E Gray JAGC Office of the Staff Judge Advocate U S Army Training Center Infantry Fort Dix New Jersey
Air Vice Marshal Eric G Hall Pakistan Embassy Washington D C
Captain Andrew M Harkness JAGC Procurement Law Division OTJ AG
LTC R G Harmer British Embassy Washington D C
Mr Neal Harrison Director Classification Division U S Disciplinary Barracks Fort Leavenworth Kansas
Colonel Alton H Harvey JAGC Chief Criminal Law Division OTJAG
Mr Elliot Harwood Deputy Assistant Director Plans and Policy Office of Director of Defense Research and Development
Contemporary Problems in Personnel Separations
Conducted Advanced Class Seminar
National Implementation of the Laws of War
The Pilot Program-Present and Future
Distinguished Guest at the 21 st Advanced Oass Graduation
Labor Standards in Government Contracts
Liaison Visit
U S Disciplinary Barracks and Army-Air Force Clemency and Parole Board
Law Office Management
Weapons Systems Acquisition
123
LTG Joseph M Heiser Jr USA Deputy Chief of Staff for Logistics
MG Kenneth J Hodson USA Chief U S Army Legal Services Agency
LTG Harris W Hollis USA Chief Office of Reserve Components Department of the Army
Colonel Kenneth A Howard JAGC Chief Trial Judiciary OTJ AG
Captain Fred Huff JAGC Lands Office OTJAG
Hon Hadlai A Hull Assistant Secretary of Army for
Financial Management
Mr Michael R Jetter Internal Revenue Service Richmond Virginia
Mr Robert Johnson Harris Tuck Freasier amp Johnson Richmond Virginia
Mr Nathaniel Jones General Counsel NAACP New York New York
Professor Yale Kamisar School of Law University of Michigan
Professor Delmar Karlen School of Law New York University
Importance of Legal Officers in Logistics
Conducted Advanced Class Seminar 11th Military Judge Course Graduation
Addressed National Guard Conference
Records Reports and Administration Panel Sentencing General and Special Findings
Environment and Law
21 st Advanced Class Graduation Speech
Rent and Price Controls
A Plaintiffs Lawyer Looks at Torts Practice
Task Force on the Administration of Military Justice in the Armed Forces
Second Annual Kenneth J Hodson Lecture in Criminal Law
First Annual Edward H Young Lecture in Military Legal Education
124
Captain Elton J Keeley INF U S Army Civil Affairs School U S Army Institute for
Military Assistance Fort Bragg North Carolina
Colonel William R Kennedy USAF U S Air Force Judiciary
CW2 Dieter P Kohler U S Army Claims Service
Mr L David Korb Deputy Director Office of Labor-Management Relations U S Civil Service Commission
Captain Royce C Lamberth JAGC Litigation Division OTJAG
Hon Francis J Larkin Third District Court Milford Massachusetts
LTC Edward A Lassiter JAGC Assistant Chief Military Justice Division OTJAG
Mr Shao-chuan Leng Professor of Government and
Foreign Affairs University of Virginia
Captain Morris 1 Lent JAGC Deputy Staff Judge Advocate U S Army Engineer Center Fort Belvoir Virginia
Mr William Lessin Office of Directorate for Personnel
and Community Activities Fort Belvoir Virginia
U S Civil Affairs Orientation
Records Reports and Adninistration Panel
Claims Administration Panel
The Federal Labor-Management Relations Program Today
Military Personnel Law Litigation
Judicial Technique and Administration
Current OTJAG Military Justice Policies and Projects
Communist Law--Chinese Legal Principles
Legal Services Center Concept
Budgeting for a JA Office
125
Professor Richard B Lillich School of Law University of Virginia
Mr Ronald E Lunstrum Senior Corrections Specialist Department of the Navy
Major Eric Mackintosh Staff Officer MASSTER Project Fort Hood Texas
BG Clyde R Mann USMC Director Judge Advocate Division U S Marine Corps Washington D C
Dr Theodore C Marrs Deputy Assistant Secretary of Defense
for Reserve Affairs DOD Washington D C
Professor Daniel J Meador James Monroe Professor of Law University of Virginia
Mr Wayland Medley Technical Staff Economic Stabilization Board Internal Revenue Service Richmond Virginia
Mr Robert W Meserve President American Bar Association
Mr Travis Mills Assistant General Counsel U S Civil Service Commission
Humanitarian Intervention
Armed Services Correctional Program
Project MASSTER Orientation
Distinguished Guest at 21 st Advanced Class Graduation
Addressed JAG Reserve Conference
Discovery under the Federal Rules of Civil Procedure
Rent and Price Controls
Orientation Visit
The Role of the Government Attorney in the Civilian Personnel Process
126
Mr John Norton Moore Counselor on International Law Office of the Legal Advisor Department of State
Mr Anthony L Mondello General Counsel U S Civil Service Commission Washington D C
Hon Robert Morgan Attorney General North Carolina
LTC James A Mounts JAGC Chief Personnel Claims Division U S Army Claims Service
Professor Gerhard OW Mueller School of Law Criminal Law Education and
Research Center New York University
Hon Tim Murphy Judge of the Superior Court of the District of Columbia
Colonel Abraham Nemrow AUS (Ret) Clerk of the Army Court of
Military Review U S Army Judiciary
LTC James E Noble JAGC Chief Patents Division OTJAG
LTC Matthew B ODonnell JAGC Defense Appellate Division OTJAG
Colonel Oliver E 0 Kier MPC Commandant U S Disciplinary Barracks Fort Leavenworth Kansas
The Use of Force in U S Foreign Policy
Civil Service Commission
Addressed JAG Conference
Personnel Claims Act A Modern Approach
Alternatives to Imprisonment
The Sentencing Function of the Trial Judge
Pretrial Advice and Common Errors Post Trial Review and Common Errors Administrative Errors in Records of Trial
Patents and Technical Data
Military Justice and Race Relations
Corrections and Rehabilitation in the Army Panel
127
MG Harold E Parker USA The Assistant Judge Advocate General
Major Theodore B Paterson U S Army Correctional Training
Facility Fort Riley Kansas
Captain B Raymond Perkins USNR Officer in Charge U S Navy-Marine Corps Judiciary
Activity OTJ AG Department of the Navy
Mr C Norman Poirier Deputy General Counsel Commission on Government
Procurement
Mr Herman L Pollock Executive Director Public Defender Project Supreme Court of Pennsylvania
Mr S J Pomrenze Chief Office Management Division Administrative Services Directorate OT AG Department of the Army
LTC Robert W Poydasheff JAGC Chief Civilian Personnel Law Division OTJ AG
MG George S Prugh USA The Judge Advocate General Department of the Army
Mr Rouhollah K Ramazani Professor of Government and
Foreign Affairs University of Virginia
Addressed Graduation Exercises of the 65th 66th 67th and 68th Basic Classes Conducted Advanced Class Seminar
Armed Services Correctional Program
Records Reports and Administration Panel Relationship of Counsel Decorum and Judicial Responsibilities
Government Procurement Commission Report
Functions of Defense Counsel
The Current and Future Status of the Army Records Management Program
Civilian Personnel Law and Labor-Management Relations
Conducted Advanced Class Seminar
Traditional Law and Foreign Influences in the Islamic World
128
MG Lloyd B Ramsey USA The Provost Marshal General
LTC Philip N Reed INF U S Army Civil Affairs School U S Army Institute for
Military Assistance Fort Bragg North Carolina
RADM Horace B Robertson Jr JAGC USN
Deputy Judge Advocate General of the Navy
Captain John H Rodgers JAGC Office of the Staff Judge Advocate Office of the Surgeon General
Mr Joseph H Rouse U S Army Claims Service
Dr Jesse G Rub in President Psychiatric Institute Foundation Washington D C
Professor Helmut Rumpf Office of the Legal Advisor Foreign Office Federal Republic of Germany
Captain Nicholas Sabalos USN Office of the Director J oint Staff Joint Chiefs of Staff
Mr Harry M Saragovitz Assistant General Counsel Army Materiel Command
Mr Arpiar Saund ers Attorney National Prison Project Washington D C
Addressed the 21st Advanced Class
U S Civil Affairs Orientation
U S Navy Military Judge
Family Planning Panel
Federal Tort Claims Act Injury Evaluation
Psychiatric Evaluations
Mutual Collective Security of United States and Germany
Joint Chiefs of Staff On-Going Agreements Military Implementation of the Law of War
Weapons Systems Acquisition and Technical Data
Prisoners I Rights
129
Mr John Schulz Editor-in -Chief Military Law Reporter The Public Law Education Institute Washington D C
Major David H D Selwood Deputy Assistant Director of
Army Legal Services Ministry of Defence United Kingdom
Mr Thomas Sheck ells Manager of Federal Agreements Environmental Protection Agency
Mr Paul Shnitzer Office of the Comptroller General
Colonel James E Simon JAGC Staff Judge Advocate U S Army Training Center Fort Dix New Jersey
Mr Curtis Smothers Acting Deputy Assistant Secretary
of Defense for Equal Opportunity
Mr Richard C Solibakke Chairman Armed Services Board of
Contract Appeals Department of Defense
Mrs Goody L Solomon Executive Editor Office of Consumer Services Department of Health Education
and Welfare
Outsiders View of Military Litigation
Northern Ireland Situation
Environmental Law
Problems in Award of Negotiated Contracts
Conducted Advanced Class Seminar
Race Relations Consideration of onshygoing Defense and Army Educational Programs to Improve Race Relations and the use of Off-Post sanctions in CONUS and Overseas
Contract Claims and Litigation Boards of Contract Appeals
Consumer Protection Panel
130
Mr Michael R Sonnenreich Deputy Chief Counsel Bureau of Narcotics and Dangerous Drugs Department of Justice
Mr William H Speck Associate Counsel Naval Facilities Engineering Command
Mr Richard E Speidel Henry L and Grace Doherty
Professor of Law University of Virginia
RADM Merlin H Staring USN The Judge Advocate General U S Navy
Mr Jack Stempler General Counsel Department of the Air Force
Major Frank Stone International Affairs Division OTJAG
Mr John H Sud a Assistant Corporation Counsel Government of the
District of Columbia
Mr Paul Summers Trust Officer Citizens Bank amp Trust Company Charlottesville Virginia
Major William K Suter JAGC Assistant for Plans Personnel Plans amp Training Office OTJAG
Colonel Warren L Taylor JAGC SJ A Fifth United States Army Fort Sam Houston Texas
Drug Abuse Control
The Governments Perspective Concerning Construction Contract Performance Problems
Role of the GAO in the Bid Protest Procedure
Cond ucted Ad vanced Gass Seminar
Orientation Visit
The Status of Military Forces in Japan Korea and Germany
Motion Practice under the Federal Rules of Civil Proced ure
Investment Counseling
Plans Programs and Training
Conducted Advanced Class Seminar
131
Colonel Joseph N Tenhet Jr JAGC Special Assistant to TJAG OTJAG
Mr Charles Terry Attorney at Law Morristown Tennessee
LTC James F Thornton Jr JAGC Staff Judge Advocate U S Army Garrison Fort Campbell Kentucky
Rev David Turner Pastor St Marks Lutheran Church Charlottesville Virginia
Dean George A Van Hoomissen National College of District Attorneys University of Houston
Mr Paul B Walter School of Law University of Virginia
Captain John Whalen JAGC U S Army Claims Service
Colonel Frederick Bernays Wiener AUS (Ret)
Washington D C
BG Lawrence H Williams USA Assistant Judge Advocate General
for Military Law
Mr Raymond 1 Williams Executive Secretary Army Board for Correction of
Military Records
Final J A Operations in Vietnam
Anatomy of a Trial
Conducted Advanced Class Seminar
Family Law Panel
Functions of Prosecution
Understanding your Client
Federal Tort Claims Act Injury Evaluation
Some Historical Aspects of Military Law
Conducted Advanced Class Seminar
Policies and Procedures of the Army Board for the Correction of Military Records
132
Colonel Wade H Williamson JAGC Chief Administrative Law Division OTJAG
Mr Adelbert K Wnorowski Raphael amp Wnorowski Amsterdam New York
Dr Nathan Wolkomir President National Federation of Federal Employees
Colonel John A Zalonis JAGC Chief Legal Assistance Office OTJAG
Current Problems in the Personnel Area
Grievances and Arbitration
Union Viewpoint of the Federal Labor-Management Relations Program
Update on Current Status and Future Plans for the Pilot Legal Services Program
133
APPENDIX M
ARTICLES BY STAFF AND FACULTY MEMBERS
Colonel John Jay Douglass High Command Case A Study in Staff and Command Responsibility The International Lawyer Vol 6 No4 (Oct 1972)
Lieutenant Colonel John L Costello Book Review Great Court-Martials 59 Military Law Review 233 (1973)
Major James R Coker Book Review The International Law of Civil War 59 Military Law Review 239 (1973)
Major James R Coker Book Review The Death of the Army-A Pre-Mortem Fordham Law Review
Major James R Coker The Status of Visiting Military Forces in Europe A Treatise on International Criminal Law (Bassiouni amp Nanda Ed) Vol II (CCThomas Illinois 1973)
Major James A Endicott Jr New Approach to Military Law Instruction 738 Army ROTC Education Commentary lA (1973)
Major James A Endicott Jr Decision Making and the Court-Martial Cases 45 The Judge Advocate Journal (1973)
Major James A Endicott Jr Claims Against the United States 9 Law Notes 17 (1972)
Major Francis A Gilligan Issues Raised by Military Warrants The Army Lawyer Vol 2 No 8 (August 1972)
Major Francis A Gilligan Inspections The Army Lawyer Vol 2 No 11 (November 1972)
Major Francis A Gilligan Eyewitness Identification 58 Military Law Review 183 (1972)
Major Francis A Gilligan Probable Cause and the Informer 60 Military Law Review 1 (1973)
Major J J McGowan Sr SJA Spotlight--Iran The Army Lawyer Vol 2 No 10 (Oct 1972)
135
Major Paul Jackson Rice Military Dissent The Army Lawyer Vol 3 No2 (Feb 1973)
Captain Bernard R Adams Eminent Domain Police Power and Urban Renewal Compensation for Interim Depreciation in Land Values 7 Georgia Law Review 226 (Winter 1973)
Captain Stephen L Buescher The Court of Military Appeals A Survey 59 Military Law Review 129 (1973)
Captain Edward J Imwinkelried The New Federal Rules of Evidence The Army Lawyer Vol 3 No4 (April 1973)
Captain Edward J Imwinkelried The New Federal Rules of Evidence Part II The Army Lawyer Vol 3 No5 (May 1973)
Captain Jack F Lane Jr The Undesirable Discharge--Administrative Tool or Back-Door Court Army Vol 22 No 11 (Nov 1972)
Captain Jack F Lane Jr Classification Promotion and Racial Discrimination The Army Lawyer Vol 3 No5 (May 1973)
Captain Jordan 1 Paust My Laiand Vietnam Norms Myths and Leader Responsibility 57 Military Law Review 99 (1972)
Captain Jordan 1 Paust Law in a Guerrilla Conflict Myths Norms and Human Rights III Israel Yearbook
Captain Jordan J Paust The Nuclear Decision in WWII Trumans Ending and Avoidance of War International Lawyer (1974)
Captain Jordan 1 Paust Comment on Command Responsibility 25 Naval War College Review (Jan-Feb 1973)
Captain Jordan J Paust Human Rights Human Relations and Overseas Command The Army Lawyer Vol 3 No I (Jan 1973)
Captain Donald N Zillman In-Service Conscientious Objection 10 San Diego Law Review (1973)
Captain Donald N Zillman The Court of Military Appeals A Survey 59 Military Law Review 129 (1973)
136
Captain Donald N Zillman Armed Services the 5th Circuit 21 Mercer Law Review (1972)
Captain Donald N Zillman Recent Development Environmental Law 57 Military Law Review 203 (1972)
Captain Donald N Zillman Involuntary Activation of Reservists The Army Lawyer Vol 2 No 10 (Oct 1972)
137
APPENDIX N
VISITS TO RESERVE UNITS - FY 1973
I JAG DETACHMENTS
9th Cleveland Ohio 7 Feb 1973 213th Atlanta Georgia 17 Feb 1973 155th 42d Pitt sburgh Pennsylvania 19 Feb 1973 153 157th Philadelphia Pennsylvania 20 Feb 1973 10th Washington D C 21 Feb 1973 3d Boston Massachusetts 22 Feb 1973 12th Columbia South Carolina 23 Feb 1973 78th Los Angeles California 27 Feb 1973 20th Dallas Texas 28 Feb 1973 173d Birmingham Alabama 2 Mar 1973 8th Kansas City Kansas 5 Mar 1973 139th Cincinnati Ohio 6 Mar 1973 148th Columbus Ohio 7 Mar 1973 4th New York New York 8 Mar 1973 7th Chicago Illinois 10 Mar 1973 81 st San Diego California 14 Apr 1973 I 20th Denver Colorado 28 Apr 1973 2d New Orleans Louisiana 30 Apr 1973 9th Cleveland Ohio I May 1973 106th Detroit Michigan 2 May 1973 162d Richmond Virginia 6 May 1973
II USAR SCHOOLS
(Visits required by Annex AL CON Reg 350-1)
Richmond USAR School 29 May 1973 Norfolk USAR School 19 May 1973
139
III J1l
Miami USJR School Phase II BOJC
South Charleston USJR School
Seattle USJR School 99th JJG Detachment l62d JJG Detachment
121 st JJG Detachment 20th JJG Detachment 2l0th JJG Detachment
89th JJG Detachment l73d JJG Detachment l55th JJG Detachment
35th JJG Detachment
Livonia USJR School
Hattiesburg Mississippi
Fort Ritchie Maryland
Reno Nevada Joliet Msenal Illinois HQ Electronics Command
Fort Monmouth N J Redstone Msenal Jlabama Rock Island Jrsenal Illinois White Sands Missile Range
New Mexico Fort Huachuca Mizona Huntsville Jlabama MllMllS Brooklyn and MllMllS
Bayonne llerminal Jviation Systems Command
St Louis Missouri DePere Wisconsin
18-20 Jul 1972
6-7 Jug 1972
8-9 Jug 1972 18 Jan 1973 7-8 Mar 1973
25 Jpr 1973 7 May 1973 16 May 1973
17 May 1973 18 May 1973 21-22 May 1973
7-8 Jun 1973
17-18 Jun 1973
140
APPENDIX 0
LECTURES GIVEN OUTSIDE TJAGSA
COL John Jay Douglass Chaplains School Fort Hamilton New York
COL John Jay Douglass Fort Gordon Georgia
COL John Jay Douglass Richmond Virginia Chapter of The Military Order of the World Wars
COL John Jay Douglass Defense Information School Fort Benjamin Harrison Ind
COL John Jay Douglass Finance School Fort Benjamin Harrison Ind
COL John Jay Douglass Naval Justice Seminar Coronado Beach California
COL John Jay Douglass Sergeants Major Academy Fort Bliss Texas
LTC David A Fontanella Ft McClellan Alabama
LTC David A Fontanella Ft Benning Georgia
LTC David A Fontanella Ft Rucker Alabama
FISCAL YEAR 1973
Civil Law Problems and the Chaplain
Presented Opening Remarks to Phase 1shy67th Basic Class
Military Law Today
The Serviceman and the Bill of Rights
Current Developments in Military Law
TJ AGSA and the Training of J AGC Reserves
Military Justice
Civil Law Update
Civil Law Update
Civil Law Update
141
LTC David A Fontanella Army and Air Force Senior ROTC Gasses University of Virginia Charlottesville Virginia
LTC David A Fontanella Chaplains School Ft Hamilton New York
LTC David A Fontanella U S Army War College Carlisle Barracks Pa
LTC David A Fontanella U S Army War College Carlisle Barracks Pa
LTC David A Fontanella U S Army War College Carlisle Barracks Pa
LTC David A Fontanella U S Army War College Carlisle Barracks Pa
MAJ James R Coker Fort Lee Virginia
MAJ James R Coker Fort Bragg North Carolina
MAJ James R Coker USAIMA Fort Bragg North Carolina
MAJ James R Coker Staunton Military Academy Staunton Virginia
MAJ James R Coker Valley Forge Pennsylvania
Military Personnel Law
Military Personnel Law
Challenges to Command
Military Personnel Law
Gairns and Litigation
Challenges to Command
The Law of War in Modern Armed Conflict
The MAAG Mission and the Law of War
Law of War and CivilMilitary Operations
Introduction to the Laws of WaI
The Rule of Law in Warfare
142
MAJ Francis A Gilligan Army War College Carlisle Barracks Pa
Constitutional Rights and Article 15
MAJ Nancy A Hunter Hofstra University and Law School Hempstead New York
bull Women in the Military
MAJ Jack F Lane Jr Army and Air Force Senior ROTC Classes University of Virginia Charlo ttesviIle Virginia
Boards of Officers and Administrative Law
MAJ James J McGowan Fort Eustis Virginia
Law of Modern Armed Conflict
MAJ Fort
James 1 McGowan Eustis Virginia
The Law of War in Modern Armed Conflict
MAJ Paul J Rice Washburn University of Topeka School of Law Topeka Kansas
JAGC Orientation
MAJ Paul J Rice University of Kansas School of Law Lawrence Kanssa
JAGC Orientation
MAJ Paul J Rice University of MissourishyKansas City School of Law Kansas City Missouri
JAGC Orientation
MAJ Paul 1 Rice University of Missouri-shyColumbia School of Law Columbia Missouri
JAGC Orientation
MAJ Paul J Rice St Louis University School of Law St Louis Missouri
JAGC Orientation
143
MAJ Paul J Rice Washington University School of Law St Louis Missouri
MAJ Paul J Rice Pre-Law Advisors from the State of Virginia University of Virginia Charlottesville Virginia
MAJ Paul J Rice U S Army War College Carlisle Barracks Pa
CPT Bernard R Adams Army Reserve Unit Cherry Avenue Charlottesville Virginia
CPT Ronald C Griffin Rutgers University Camden New Jersey
CPT Ronald C Griffin University of Oregon Eugene Oregon
CPT Jan Horbaly Army ROTC University of Virginia Charlottesville Virginia
CPT Jan Horbaly Reserve CampGS Training Charlottesville Virginia
CPT Edward J Imwinkelried Army ROTC University of Virginia Charlottesville Virginia
CPT W H Parks USMC NROTC University of Virginia Charlottesville Virginia
JAGC Orientation
Career Opportunities in the JAG Corps
Military Installations and the Authority of the Commander
Drug Abuse Control
Civil Rights in the Military
Consumer Protection The Soldiers and Sailors Civil Relief Act
Introduction to Military Justice
Introduction to Military Justice
Article 15
Introduction to Military Justice
144