COMMANDANT'S ANNUAL REPORT · COMMANDANT'S ANNUAL REPORT 1967 - 1968 . The Judge Advocate General's...

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COMMANDANT'S ANNUAL REPORT 1967 - 1968 The Judge Advocate General's School United States Army Charlottesville, Virginia

Transcript of COMMANDANT'S ANNUAL REPORT · COMMANDANT'S ANNUAL REPORT 1967 - 1968 . The Judge Advocate General's...

  • COMMANDANT'S

    ANNUAL REPORT

    1967 - 1968

    The Judge Advocate General's School

    United States Army

    Charlottesville, Virginia

  • 'rhe Royal Australian Navy continues to be very grateful to your School [01 its c..;onlinued kindness to our officers, ... the great facilities offered by your School ... [and the] oppOllllnilY of seeing your School and learning something of its distinguished aCc'ulcmic work.

    TREVOR RApKE

    The Judge Advocate General of the Naval Forces

    M "'bourne, A uslraUa

    1 again commend the school for ... superior quality . [and] l'erlainly TalC [it] with the best . .. in civilian law.

    MlLTON G. GERSHENSON Professor of Law Rronklyn '~n7t' SrililOl

    r\ ,;cn!iC of order and a sense of ju!)tite are both essential to an erfec..; live Army. Withollt the former you have rabble; without the latter, a tyranny. The sense of justice is made rcal through the process of rraming ~Ind administering laws adapted Lo the military environment. It is obvious. I.hcrdore. Llull the mission or the .1 AG School is critically important.

    The JAG School deserves praise [or the manner in which it is ful filling its mission - - a manner characterized by a high order of excellence and professional integrity.

    HARDY C. DILLAlU> (ame.s Monroe Professor oj i.am

    and former Dean University of Virginia Schaal of Law

  • FOREWORD

    The seventeenth consecutive year of continuous operation of The Judge Advocate General's School in Charlottesville was completed in 1968. This seventh Annual Report for fiscal year 1968, my first as Commandant of The Judge Advocate General's School, has a three-fold purpose: first, to summarize the operation of the School during the past fiscal year; second, to preserve in printed form a record of the School and its personnel; and, third, to describe the various courses of instruction offered at the School.

    As service to the Judge Advocate General's Corps is the School's mission, it is hoped that the Report will acquaint members of the Corps with the services which the School offers. Furthermore, as improvement is often stimulated by suggestions, we hope military lawyers in the field will suggest ways in which the School can be of greater service to the Corps.

    During my initial year as Commandant, increased emphasis has been placed on liaison between the School and its alumni and reserve judge advocates. Also, due to the ever-increasing importance of international law in the world today, we are intensifying our effort to obtain an increasing number of foreign students in both our Advanced and Basic Courses and our specialized short courses. Through increased relationship with our foreign allies, the School hopes to he a positive factor in improvmg human relations around the world.

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  • COMMANDANT'S ANNUAL REPORT

    FISCAL YEAR 1968

    Table of Contents

    Page

    Section I-History of The Judge Advocate General's School __________ _

    Section II-Organization of The Judge Advocate General's School 3

    Academic Department ________________________________________________________ 3

    Nonresident Training Department __________________________________ 3

    Plans and Publications Department ________________________________ 3

    Office of the School Secretary ____________________________________________ 5

    Board of Visitors __________________________________________________________________ 5

    Section III-tAcademic Activities --------------------__________________________________________ 7

    General ______________________________________________________ -___________________________ 7

    Judge Advocate Officer Advanced Course ________________________ 9

    Judge Advocate General Basic Course ____________________________ 13

    Procurement Law Course __________________________________________________ 16

    Military Justice Course ______________________________________________________ 17

    International Law Course __________________________________________________ 17

    Civil Law Course __________________________________________________________________ 18

    Civil Affairs Law Course ____________________________________________________ 19

    Foreign Law Course ____________________________________________________________ 19

    Mili tary Affairs Course ___________________________________________ ...___ .____ 19

    Judge Advocate Officer (Reserve Component) Course 20 Law in Vietnam Course _____________________________________ .___ .__________ 20

    Judge Advocate General's Corps Officer Orientation Course __________________________________________________________ 20

    Law Officer Seminar ___________________________________ ._...._._.....___________ 20

    Guest Speaker Program .____ ._________ .. _____ ._ .._.._. __ ........_____________ 20

    Text Preparation Program ._ ..._..... ____ ......._..............._. __ .. ____ 21

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  • Thesis Lending Library ______________________________________________________ 21

    Foreign Student Informational Program ________________________ 21

    Section IV-Nonresident Training ________________________________________________________ 23

    General __________________________________________________________________________________ 23

    Nonresident Materials Preparation Division ________________ 23

    Individual Training and Career

    Management Division ____________________________________________________ 25

    Section V-Plans and Publications ________________________________________________________ 29

    General __________________________________________________________________________________ 29

    Publications ____________ .______________________________________________________________ 29

    Special Activi ties __________________________________________________________________ 31

    Section VI-Administration ______________________________________________________________________ 37

    General _________________________________________________________________________________ . 37

    Facilities of the School ________________________________________________________ 37

    Quarters ________________________________________________________________________________ 39

    Messing __________________________________________________________________________________ 39

    Officers' Open Mess ______________________________________________________________ 39

    Bookstore ______________________________________________________________________________ 39

    Logistical Support ____________________________________________________..._______ 39

    Adjutan1's Office _______'__________________________________________________________ 40

    Medical and Dental Facilities _________________________________________ 40

    Athletic Facili ties ________________________________________________________________ 41

    The Alumni Association ___________________________________________________ 41

    Section VII-Combat Developments Command, Judge

    Advocate Agency ___________________________________________________________ 42

    Section VIII-Appendices _________________________________________________________________._________ 43

    Appendix I (Organization Chart) _______________________.__________ 43

    Apendix II (Organizational Roster of the School) ______ 44

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  • Appendix III (Changes in Military Personnel, FY 1968) ____________________________________________________________________________ 46

    Appendix IV (Background Statements ofOfficer Personnel) ____________________________________________________________ 49

    Appendix V (FY 1968 Course Cycle Chart) _____ .__________ 57

    Appendix VI (Resident Students, FY 1968) __________________ 58

    Appendix VII (FY 1969 Course Cycle Chart) ______________ 59

    Appendix VIII (Thesis Topics) _______________________ ,______________ 60

    Appendix IX (Awards) ____________________________________________________ 66

    Appendix X (Guest Speakers) ________________________________________ 68

    Appendix XI (Distinguished Visitors) __________________________ 79

    Appendix XII (Textbook Program) ______________________________ 80

    Appendix XIII (Visits to Reserve Units) ______________________ 82

    Appendix XIV (Lectures Outside TJAGSA) ________________ 84

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  • I\f..\.TOR GE:'-:ERAL

    KE:'-::'-:ETII J. HODSO"i

    The I1Idge Adu()('atc Gou'ml,

    U. S. Army

    COLONEL

    KENNETH C. CRAWFORD Commandant

    The Iudge Aduocate

    Geneml's School

  • HISTORY OF THE JUDCE ADVOCATE CENERAL'S SCHOOL

    Although judge advocates have served the United States Army since 1775, no effort was made to provide them with formal training in military law until the opening days of the "World War II. In preceding years, newly appointed judge advocates were trained empirically, but the Army's swift expansion soon emphasized the need [or instructing attorneys entering the Corps in the manifold aspects of their new specialty.

    In February 1942, as the uniformed lawyer's burden increased in complexity, specialized and refresher training courses for active duty personnel were commenced at the National University Law School, Washington, D.e. In August 1942, operations were transferred to The Judge Advocate General's School, physically located at the University of Michigan Law School, Ann Arbor, Michigan, and commanded by Colonel Edward H. Young, JAGe. In the following months, hundreds of officers were trained at Ann Arbor. By June 1944 over two-thirds of the active duty strength of the Judge Advocate General's Corps were graduates of the School. The end of the war, however, substantially reduced the need for trained military lawyers, and in 1946 the School, which had been initiated only on a temporary basis, was discontinued.

    Nevertheless, plans were soon being devised in the Office of The Judge Advocate General to implement the recommendation of a committee, appointed in 1946 to study the administration of military justice, that provision be made for the training of Army lawyers in military law. The passage of the Uniform Code of Military Justice and the coming of the Korean conflict accentuated the need for judge advocate training facilities. As a consequence, another temporary training facility was established at Fort Myer, Virg'l.ia, again under the guidance of Colonel Young. Approximately 200 0 licers attended 'several five-week courses in basic military law taught by five officer-instructors,

    By this time, the decision had been made to establish a permanent branch service school. Although the advisability of locating the School

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  • within 200 miles of Washington was r;:cognized, sites as far away as Fort Crockett, Texas, and Fort Rodman, Massachusetts, were 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 General's School was established. At present, The Judge Advocate General's School is a class II activity of the Office of The Judge Advocate General.

    Colonel Charles L. Decker was appointed as first Commandant. He served until 15 June 1955 when he was succeeded by Colonel Nathaniel B. Rieger. Colonel Rieger was in turn succeeded by Colonel John G. O'Brien who served from I March 1957 to 13 May 1961. Colonel John F. T. Murray was Commandant from I July 1961 to 31 December 1964. Colonel John \1\1. Burtchaell was Commandant from I January 1965 until his retirement on 30 June 1966. Colonel Lewis F. Shull served as Commandant from 25 July 1966 to 3 September 1967. Colonel Kenneth C. Crawford, the present Commandant, began his tour as Commandant on 3 September 1967.

  • ORGANIZATION OF THE JUDGE ADVOCATE

    GENERAL'S SCOOOL

    The Judge Advocate General's School, U. S. Army, is located on the grounds of the University of Virginia in Charlottesville. Its function is to orient the Army lawyer to the fundamentals of military law, to provide current training material, and to inform him of the latest developments in the law. Formal instruction and legal publications, including texts, periodicals, and extension courses, are used to fulfill this purpose.

    The Judge Advocate General's School operates on a year-round basis. Over 11,096 students have graduated from courses offered at the School in its 17 years of operation at Charlottesville. During Fiscal Year 1968, 996 students were graduated from courses offered at the School.

    The Judge Advocate General's School is composed of three departments and the Office of the School Secretary.

    The Academic Department. This department conducts resident instruction for all active Army and reserve judge advocates, as well as some Naval and Air Force officers. It also prepares academic texts. Resident courses include the Judge Advocate General (Basic) Course, for the orientation of newly commissioned judge advocates, and the Judge Advocate Officer (Advanced) Course, which covers the field of military law in greater depth. The department also conducts several specialized courses, generally two weeks in length, including courses in military justice, procurement law, international law, civil law, military affairs, civil affairs law, a combination resident and nonresident reserve course, and refresher courses for reserve component officers. The department is composed of the International and Comparative Law, Military Affairs, Military Justice, Military Training, and Procurement Law Divisons.

    The Nonresident Training Department. This department is responsible for developing nonresident training programs to insure the continued high level of professional legal competence required of military lawyers. In this connection, the department administers the judge advocate portion of the Army extension course program and prepares and distributes the judge advocate nonresident training material used in extension courses, USAR Schools, and staff training materials used by the Judge Advocate General Service Organization (JAGSO) Detachments, the Judge Advocate Sections of USAR, and National Guard units. The department also provides liaison through periodic staff visits with the USAR School Judge Advocate Branch Departments, the JAGSO Detachments, and National Guard units. The department is composed of the Individual Training and Career Management Division and the Nonresident Materials Preparation Division.

    The Plans and Publications Department. This department is responsible for the conduct and coordination of research in the military legal

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  • field; prompt dissemination of the reslllts o[ the research to members of the Judge Advocate General's Corps; formulation of policies and procedures to aid in maintaining a superior level of staff work by judge advocates; special projects such as the Judge Advocate General's Conference and the conference for common subjects legal instructors; the preparation of permanent and periodical military legal publications, including the Military Law Review and the .Judge Advocate Legal Service; the development and preparation of common subjects and quasilegal instructional material including training films; and the planning and execution of an annual logistical exercise. The department consists of the Plans and Publications Divisions.

    The Office of the School Secretary. This office formulates policies and, upon approval, executes policies concerning personnel, administration, security, management, and logistics. These responsibilities include the proper allocation and use of personnel, efficient use of physical facilities, budget preparation and review, and analysis and control of fiscal matters.

    Board of Visitors. To insure that the high standards of the School are maintained and to assist in the determination of areas requiring improvement, an annual inspection by the Board of Visitors has been reinstituted. The Board, composed of leading civilian practitioners and legal educators, 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.

    Enlisted Personnel, Staff and Faculty, T.JAG School. First row, left to right: SSG CASKEY. Second row, left to right: SFC VELEZ, SFC SCHREUR. Third row, kit io right: SFC CORDERO, SSG HARSHBARGER, SGM Por,STER.

  • Civilian Employees of T JAG School. First row, left to right: MRS. PREBLE, MRS. HEBERET, MRS. PRICE, MISS RIDDLE, MRS. PARKINSON,

    MRS. HEAD. Second row, left to right: MRS. BOYE1TE, MISS WINGFIELD, MRS. TOWNSEY, MRS. GARRISON, MRS. MACFARLANE. Third row, left to right: MRS. HUFFMAN, MRS. CASTIEL, MRS. MOORE, MISS GROSS. MISS MARSHALL, MISS MARSH, MRS. JENKINS. Fourth row, left to right: MR. PARSONS, MR. QUANN, MISS NEWMAN, MRS. NORTON, MISS ANERT, MRS.

    MARRS, MR. WHITE, MRS. RA(;SDAI.E, MISS BROWN, MRS. EI.IVERSTON,

    MR. NELSON.

    The present Board oj Visitors is:

    Eherhard P. Deutsch. Colonel, .lAGC, USAR (Ret.). Attorney at Law and senior partner of the firm of Deutsch, Kerrigan & Stiles, New Orleans, Civilian Aide to the Secretary of the Army from Louisiana.

    Birney M. Van Benschoten, Colonel . .lAGC. USAR (Ret.) , Attorney at Law, New York City. General Counsel for American Overseas Petroleum, Ltd.

    John H. Finger. Colonel. JAGC, USAR, Attorney at Law, senior partner of the San Francisco, California, law firm of Hoberg, Finger, Brown & Abramson.

    Myres S. McDougal, Sterling Professor of Law, The Yale Law School, New Haven, Connecticut; past President of the Association of American Law Schools.

    Major General George W. Hickman. USA (Retired), Professor of Law. University of San Diego School of Law; Director of Committee Services of the American Bar Association; The Judge Advocate General of the United States Army (19571960).

    (j

  • ACADEMIC ACTIVITIES

    General. During Fiscal Year 1968, 18 resident courses were conducted with 996 students in attendance. (See Appendix V for the FY 1968 schedule of courses.) Attending these courses were 818 Army commissioned officers, 2S Navy and Marine Corps officers, 3S Air Force officers, I06 civilians, and II allied officers from Thailand, Republic of China South Korea, South Vietnam, Iran and Ethiopia. (See Ap" pendix VI for a breakdown of students in residence at the School during FY 1968) Civilian personnel from government agencies outside of the Department of Defense represented at the School during Fiscal Year 1968 included the Post Office Department, the Federal Aviation Agency, the National Aeronautics and Space Agency, the General Accounting Office, the Department of Commerce, the National Security Agency, the General Services Administration, and the Atomic Energy Commission. Of the 818 Army officers attending courses, 46S were active duty personnel while the remaining 3S3 were reserve component officers.

    Courses conducted during Fiscal

    Year 1968 included the nine-month

    Judge Advocate Officer Advanced

    Course (S-18-C22); two cycles of the

    ten-week Judge Advocate General

    Basic Course (SF-8IOl); the two

    week Judge Advocate Officer Re

    fresher (Reserve Component)

    Course (S-18-C8); three cycles of the

    three-week Procurement Law Course

    (SF-F6); the two-week Military

    Justice Course (SF-Fl); the twoweek International Law Course COLONEL EDWIN M. SCHMIDT (SF-F3); the two-week Civil Affairs Director, Academic Department

    Law Course (SF-F4); the two-week Civil Law Course (SF-FS); the two-week Military Affairs Course (SF-F2); the two-week Foreign Law Course (SF-F7); two cycles of the

    one-week Law in Vietnam Course (SF-F8); the four-week JAGC Officer Orientation Course (S-18-C21); the two-week Law Officer Seminar; and a special two-week War Crimes Seminar. Courses scheduled to be conducted during Fiscal Year 1969 are set forth in a chart as Appendix VII.

    The official source of information concerning courses of instruction offered at all Army service schools, including The Judge Advocate General's School, is the U. S. Army Formal Schools Cata'log (Department of the Army Pamphlet 3S0-1O). 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 civilian employees of the Government who are interested in attending particular courses; and for others who may wish to acquaint

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  • themselves with the Army's training opportunities. In addition, Army regulations govern related matters such as attendance by military personnel from foreign countries. These authorities should always be consulted for the latest official information. Quotas for the numbered courses mentioned above are handled by the United States Continental Army Command, Fort Monroe, Virginia. Particular inquiries concerning this School may be addressed to the Commandant, The Judge Advocate General's School, United States Army, Charlottesville, Virginia 22901.

    Judge Advocate Officer Advanced Course. In this course, selected judge advocates are educated for leadership in the broad fields of military law. This course offers an academic year of graduate level study in all areas of law relevant to military legal practice. It is approved by the American Bar Association as meeting the standards required for a graduate legal study program. It is open to highly qualified and carefully selected career judge advocates or legal specialists of the armed forces of the United States and allied nations. The course is intended to deepen and broaden a philosophical appreciation of the role of law in its application to all phases of military life through recognition of the continual impact of legal principles and standards at all levels of command, and thus to prepare the officer student to render legal services to higher commanders under varying conditions of present and future military operations and organizations.

    The curriculum of this thirty-four-week course (September-May) includes the study of military criminal law and practice, the philosophy of penology, public contract law, statutory and regulatory controls and directives for procurement, taxation, administrative law concerning military and civilian personnel, investigative powers, administrative

    LTC ALBERT S. RAKAS LTC JAMES R. HARRINGTON Chief, International and Chief,

    Comparative Law Division Procurement Law Division

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  • LTC JOHN A. ZALONIS, JR. MAJ E. S. ADAMKEWICZ, JR. Chief, Chief, Military

    Military Affairs Di'oisiol1 1ustice Division

    board procedures, administration of military reservations, non-appropriated fund activities, property, claims, litigation, individual legal assistance, civil affairs, domestic emergencies, international law, the legal aspects of counterinsurgency, comparative law, and jurisprudence.

    In addition, successful completion of the course requires the submission of a thesis of graduate level (LL.M.) quality which makes a substantial contribution to military legal scholarship. This requirement is one of the principal requirements of the Advanced Course. Topics and scope notes for theses written by members of the Sixteenth Advanced Course may be found in Appendix VIII. Several will be published in forthcoming issues of the Military Law Review.

    The Sixteenth Advanced Class began on 5 September 1967 with 32 student in attendance: 27 U. S. Army judge advocates, 1 U. S. Navy judge advocate, 2 U. S. Marine Corps judge advocates, and two foreign officers, Captain Wen-Pu Chu, Republic of China Navy and First Lieutenant Ahmad Reza Kheradmand, Imperial Iranian Army. The class graduated on 24 May 1968. The course is conducted in a two semester format described in the following paragraphs:

    1. First Semester (5 September-21 December 1967).

    a. Military Justice Instruction. One hundred (100) hours of classroom instruction were presented on military justice subjects. This included instruction on evidence, procedure, criminal law, jurisdiction, and initial and appellate review. In addition, guest speakers provided presentations on penology, psychiatry, and crime laboratory techniques. This classroom instruction was supplemented by twenty (20) hours of seminars dealing with the right to counsel. wiretapping and electronic

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  • eavesdropping. The entire military justice instruction was concluded by a four hour essay-type examination.

    b. Procurement Law Instruction. Fifty-one (51) hours of classroom instruction were presented dealing with all aspects of procurement law. Twenty-eight (28) additional hours were devoted to seminars on such subjects as the role of the Comptroller General and the effect of sociological and economic policies on competition. A four-hour final examination was given.

    2. Second Semester (3 January-24 May 1968). a. Military Affairs Instruction. The Military Affairs Division pre

    sented one hundred fifteen (115) hours of classroom instruction on such subjects as personnel law, legal assistance, civil disturbances, military reservations, and claims. The students also participated in twenty (20) hours of seminars and took a four-hour essay-type examination.

    b. International and Comparative Law Instruction. Ninety-four (94) hours of classroom instruction were allocated to the International

    LIEUTENANT GENERAL ROBERT H. YORK, Commanding General, XVIII Airborne Corps and Fort Bragg, addressing the 48th Basic Class.

    II

  • Members of the Sixteenth Advanced Class. First row, left to right: MAJ WATKINS, MAJ GRAY, MAJ WOLD, MAJ COLE, CPT CHU (Republic of Chz'na), 2LT KHERADMAND (Iran), MAJ RYKER, MAJ THORNCOK, MAJ RABY. Second row, left to right: MAJ 'VICKER, MAJ WITT, MAJ ALLEN ADAMS, MAJ JOHNSON, MAJ CREEKMORE, MAJ CLARKE, CPT SHANNON (USMC), MAT ANDREWS, MAJ KANE. Third TOW, left to right: MAJ BROWN, MAJ YELTON, MAJ FUGH, MAJ LASSETER, MAJ MURRAY, MAJ LAPLANT, LCDR HOFFMAN (USN), MAJ NUTT. Fourth row, left to right: MAJ STEWART, MAT MCCOLl., MAJ CASSADY, CPT KII.E, MAT WII.~lE ADAMS.

    and Comparative Law Division. This time included talks by guest speakers, invited to lecture in the international law field. The students also participated in ten (10) hours of seminars and took a four-hour examination.

    3. Military Training. During both semesters, the Military Training Division presented seventy-seven (77) hours of instruction covering division operations and common subjects. In addition to formal instruction, the class attended Exercise Brass Strike at Fort Bragg, North Carolina, during the period 12-13 October 1967. The exercise consisted of demonstrations of weapons, tactics, and equipments.

    4. Thesis Program. At the beginning of the semester, the students were .Issued a list of approximately one hundred suggested thesis topics coverIng a wide spectrum of military law. Students could choose one of the suggested topics or could submit one of their own creation for

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  • approval by the academic division most directly related to the subject. Every student was required to select a topic by 9 October 1967. Upon approval of his selection, a thesis adviser was assigned to him. During the first semester, two weeks were scheduled solely for thesis research. During the second semester, on week each in January and March was scheduled for uninterrupted thesis research. The first draft of the thesis was due 12 February 1968. The completed thesis was due on 1 April 1968. It was evaluated in turn by the thesis adviser, the division chief, and the Department Director, and a final grade determined. The thesis was allotted a weight of 30% in determining each student's final overall grade in the Advanced Course.

    5. LOGEX. Advanced Class students participated in LOGEX 68 from 2-10 May 1968. LOGEX is a controlled command post exercise conducted annually at Fort Lee, Virginia. The exercise stresses the immense complexities of the administrative and logistical requirements for the support of a theater of operations. Inter-staff coordination and cross-service cooperation are required for successful play. Problems requiring judge advocate play illustrate the importance of legal services to the success of such operations. Play is arranged to teach this fact not only to judge advocate players but to players in other staff sections.

    6. Graduation. The Sixteenth Advanced Class graduated on 24 May 1968. The speaker at the graduation exercise was Major General Charles L. Decker, USA, Retired, Director, National Defender Project and formerly The Judge Advocate General, U. S. Army, from I January 1961 to 30 December 1963.

    1udge Advoratc General Basir (;ourse. In this ten-week course, con-

    LTC ROBERT A. POWERS CPT 'PHILIP .J. BAGLEY, III Chief, Assistant to Director,

    Military Training Division Arar/emir Department

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  • ducted twice a year primarily for officers newly commissioned in the Judge Advocate General's Corps, training is provided in the fundamentals of military law. The content of the course stresses those areas of military practice with which newly appointed judge advocates are most likely to be concerned in their first duty assignments. Accordingly, the course is devoted primarily to the fundamentals of military criminal law and practice in order to equip the graduate with a working knowledge of the duties of trial and defense counsel before general courtsmartial. Instruction is also given on the provisions of the Soldiers' and Sailor's Civil Relief Act, problems of domicile as affected by military status, domestic relations, immigration, adoption, wills, insurance, personal taxation, family financial problems, debt counseling, suits for and against servicemen, and the mechanics of the Army's legal assistance program. The course also includes those laws and regulations concerning many aspects of military personnel administration including appointment, enlistment, promotion, reduction, retirement, discharge, pay, death and disability benefits, and matters of practice and procedure before administrative boards concerned with such matters. Special attention is also given to the problems of the administration of military reservations, including the powers and duties of a post commander to regulate traffic, make arrests, regulate ingress and egress, deal with property both public and private, and manage and control the operation of such nonappropriated fund activities as post exchanges, commissaries, clubs, and other associations. A substantial block of instruction is also given on those laws and regulations covering claims for and against the Government. The course includes only an introductory coverage of the law of .public contracts, civil affairs, and international law. A graduate of the Basic Course is expected to return to the School at a later time

    Members of the Advan{'(;d and Nasi(' Cfas.ms Participating In .JAGEX.

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  • COLONEL KENNETH C. CRAWFORD, Commandant, with allied officer students. First row, left to right: ILT NGUYEN-VAN LE (Vietnam), CPT WEN-PU CHU (Repub'lic of China), CPT CHUNG SANG YIM (Korea). Second row, left to right: MAJ AIIDEL RAOUSF ABDIN (Jordan), ILT AHMAD REZA KHERADMAND (Iran), ILT ZELEKE DANIEL (Ethiop,ia). Third row, left to right: MAJ BHUGDI BHUNGERN (Thailand), COL KENNETH C. CRAWFORD, Commandant, MA J ARAM BlJARASATA (Thailand), CPT RlJANGRIT LE[lTPR[lK (Thailrmrl).

    for instruction on these subjects by attendance at an appropriate short course, as described below, should his duties so require.

    The students attended a two and one-half week Officer Training Course at Fort Lee, Virginia, as a prerequisite to the Basic Course. The primary purpose of this requirement was to increase the newly commissioned officer's appreciation of the problems of military command and acquaint him with military customs, courtesies and traditions. Additionally, non-ROTC graduate students were required to take the nine-week Armor Officer Basic Course at Fort Knox, Kentucky.

    JAGEX, a command post exercise begun in 1960, was conducted again this year for the Forty-Seventh and Forty-Eeighth Basic Classes. Play of that exercise requires four days. Students are divided into small groups and organize themselves into typical staff judge advocate offices. Advanced Class students assigned to each group act as the staff judge advocate, deputy staff judge advocate, and as group controllers to supervise and pace the play, introduce problems, furnish advice, and review and critique player solutions for accuracy, completeness, and practicability. Problems likely to be encountered in the day-to-clay operations of a staff judge advocate office were prepared by the four law-teaching divisions of the department. Realism was further height

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  • ened by the introduction of several "live" problems using staff and faculty personnel as actors.

    A continuing feature of the instruction given Basic Course students is the moot court program. This program is designed to give newly commissioned judge advocate officers practical experience in military trial practice and procedure. Moot courts are simulated general courtsmartial based on factual 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 law officer's part is normally played by a member of the staff and faculty, or the Advanced Class.

    JAGEX play and the moot court program were combined over this four day period to add realism to the operation of the "staff judge advocate's office."

    The speaker at the graduation exercises for. the Forty-Seventh Basic Class was Major General Autrey J. Maroun, USA, Deputy Assistant Secretary (Reserve Affairs), Office of the Assistant Secretary of Defense (Manpower). The speaker at the graduation exercises for the FortyEighth Basic Class was Major General David W. Gray, USA, Deputy Commanding General, United States Army Continental Army Command.

    Procurement Law Course. The three-week course was given three times in Fiscal Year 1968. This course concentrates on the legal aspects of government procurement. These include a study of the general principles of government contract law, legal principles pertaining to appropriated funds, procurement policies, types of contracts, procurement by formal advertising and by competitive negotiation, mistakes in bids, modification of contracts, cost principles, subcontracts, price revision, disputes, claims, remedies, termination for default or convenience, taxation, labor law, and the utilization and disposition of government property.

    The course enjoys an outstanding reputation throughout Government agencies. Although some of the other short resident courses also utilize guest lectures, one of the distinctive features of his course is its extensive use of guest speakers who are in key positions in government procurement and can thus speak with authority as specialists in their fields. About 40 per cent of the students attending these courses in FY 68 were civilian attorneys employed by the various departments of the Department of Defense and other agencies of the Government. Approximately 25 per cent were Army reserve judge advocates on active duty training. The remainder were active Army, Navy, or Air Force officers.

    This course is open to lawyers Who are civilian employees of the Government engaged in or about to be assigned to procurement duties, and to commissioned officers of the active armed forces or a reserve component who are lawyers. Although they are encouraged to attend the entire three weeks, Army reserve judge advocates enrolled in the Judge Advocate Officer Career (Reserve Component) Course are per

    ]6

  • MAJOR GENERAL DAVID W. GRAY, Deputy Commanding General, U. S. Continental Army Command, presents a diploma to (l member of the 48th flasir C/ass.

    mitted to attend the first two weeks of this course in satisfaction of the requirement of that course for the study of procurement law.

    Military Justice Course. This two-week course is designed to prepare lawyers to perform duties involving the application and interpretation of military criminal law. The curriculum includes the study of the law of evidence, substantive crimes, defenses and instructions, procedure, the jurisdiction of courts-martial, punishments and appellate review of court-martial records.

    This course is open to lawyers who are civilian employees of the Government engaged in or about to be assigned to duties requiring a knowledge of military criminal law and practice, and to commissioned officers of the active armed forces or a reserve component who are lawyers. Army reserve judge advocates enrolled in the Judge Advocate Officer Career (Reserve Component) Course may attend this course in satisfaction of the requirements of that course for the study of these subjects. In FY 1968, approximately 66 per cent of the students attending the course were Army reserve judge advocates on active duty training. The remainder were active duty Army personnel.

    International Law Course. This two-week course is concerned with the interpretation and application of international law. Coverage is

    17

  • MAJOR GENERAL CHARLES L. DECKER, USA, Retired, addresses the Sixteenth Advanced Class during graduation ceremonzes.

    more or less equally divided between the study of those fundamental principles of international law that govern the peaceful relations between nations and those concerning the international law of war.

    This course is open both to lawyers and non-lawyers who are civilian employees of the Government or commissioned officers of the active armed forces or a reserve component whose actual or anticipated assignment is to duties requiring a knowledge of international law. Army reserve judge advocates enrolled in the Judge Advocate Officer Career (Reserve Component) Course may attend this course may attend this

    course in satisfaction of the requirements of that course for the study of international law. In FY 1968, the student body attending this course was prediminantly composed of Army reserve judge advocates on active duty training.

    Civil Law Course. This two-week resident course is concerned with claims, litigation, domestic emergencies, legal assistance, and the administration of military reservations.

    This course is open to lawyers who are civilian employees of the Government engaged in or about to be assigned to duties requiring such knowledge and to commissioned o!Iicers in the active armed forces or a reserve component who are lawyers. Army reserve judge advocates enrolled in the Judge Advocate Officer Career (Reserve Component) Course may attend this course in satisfaction of the requirements of that course for the study of these subjects. In FY 1968, the student body attending this course was predominantly composed of Army reserve judge advocates on active duty training.

    18

  • Civil AIJairs /,fHV Cuurse. This two-week resident course is concerned whh the legal aspects of civil affairs with particular refrence to international law as it may he pertinent to civil affairs in foreign countries.

    This course is open to employees of the Government with an actual or anticipated assignment to duties requiring knowledge of the legal aspects of civil affairs. The course is open to both active and reserve component officers of the armed forces. It is not necessary that one be a lawyer to attend. Army reserve judge advocates enrolled in the Judge Advocate Officer Career (Reserve Component) Course may attend this course in satisfaction of the requirements of that course for the study of these subjects. In FY 1968, the student body attending this course was predominantly composed of Army reserve judge advocates on active duty training.

    Foreign LaJw Course. (Not offered in FY 1968.) This two-week resident course is concerned with foreign law, with particular reference to the legal systems of those areas in which United States forces are or may be stationed.

    Active or reserve officers of the armed forces, and lawyer or nonlawyer employees of the Govenment with actual or anticipated assignment to duty requiring a knowledge of the legal aspects of particular local law may attend.

    Army reserve judge advocates enrolled in the Judge Advocate Officer Career (Reserve Component) Course may attend this course in satisfaction of the requirements of that course for the study of these subjects.

    Military Affairs Course. This two-week c~urse provides instruction in military admini~trative law. The curriculum includes a study of the organization of the United States for national security, delegation of authority, administrative due process, and the laws and regulations governing the many aspects of the personnel process, including appointment, enlistment, promotion,. reduction, discharge, pay, death and disability benefits, and matters of practice and procedure before administrative boards concerned with such matters.

    This course is open to lawyers who are civilian employees of the Government engaged in or about to be assigned to duties requiring knowledge of military administrative law, and to commissioned officers of the active armed forces or a reserve component who are lawyers. Army reserve judge advocates enrolled in the Judge Advocate Officer Career (Reserve Component) Course may attend this course in satisfaction of requirements of that course for such subjects. In FY 1968, the student body attending this course was predominantly composed of Army reserve judge advocates on active duty training.

    Judge Advocate Officer Refresher (Reserve Component) Course. This two-week-survey course provides refresher training in all areas of law pertinent to military legal practice. Emphasi'i is placed on current trends and developments. It is part of the program of continuing

    19

  • legal education for reserve component officers and is attended only by these officers. In FY 1968, the student body attending this course was composed entirely of Army and Air Force reserve component officers.

    This course is not a credit course for branch qualification of reserve officers. No attempt is made to cover subjects in depth, and the content of the curriculum is subject to continuous revision.

    Law in Vietnam Course. This one-week course was offered for the first time during FY 1967. The special need for knowledge caused by our commitments in this South East Asian country gave rise to the creation of this course. Two cycles were offered in FY 1967, and again in FY 1968. The course was conducted mainly by guest speakers recently returned from South Vietnam with firsthand knowledge of the country and the problems involved.

    This course is designed primarily for lawyers who will be stationed in South Vietnam. This is not a credit course for branch qualification of reserveIofficers. .

    Judge Advocate General's Corps Officer Orientation Course. This four-week course is similar to a course offered during the "Berlin buildup." It is a condensation of the lOweek Basic Course. This intensive instruction stresses military justice and legal assistance, and gives considerably less coverage to other fields of military law. It is designed for students with wme prior active duty, as enlisted personnel, commissioned officers in other branches, or in the excess leave program.

    Law Officer Seminar. This twoweek seminar is concerned with the study of recent developments in the military justice field. Emphasis is placed on the role of the law officer in the administration of trials, pretrial procedure, evidence, motions, defenses, guilty pleas, instructions, and punishments. Round table seminar discussions are a prominent portion of the program.

    Participation in this seminar is limited by The Judge Advocate General of the Army to judge advocates or legal specialists of the active armed forces assigned or about to be assigned to law officer duties and to Army reserve judge advocates who are mobilization designees to the U. S. Army Judiciary. This seminar is not listed in the U. S. Army Formal Schools Catalog.

    Guest Speaker Program. During the course of each academic year, a large number of eminent guest speakers present lectures of interest to the faculty and student body. The subjects of their addresses cover such widely diverse topics as the Geneva Prisoner of War Convention, Civil Affairs in Action-Vietnam, Government Contracts and the Role of the Comptroller General, the Mission and Functions of the Army Board for Correction of Military Records, Psychiatry and the Law, and Soviet Interpretation of International Law.

    Each speaker is selected for his experience, his recognized status as an authority in his field, and the importance of his subject as it bears upon the practice of military law. A complete list of the guest speakers

    20

  • who addressed various courses conducted at the School during FY 1968 is contained in Appendix X.

    Text Preparation Program. Long-range plans were formulated and work begun, in FY 1961, upon an ambitious program to prepare a series of textbooks dealing with military law for publication as Department of the Army pamphlets. The volumes will form the foundation of both resident and nonresident instruction. It was recognized at the outset that the task would be a formidable one requiring a number of years to complete and would absorb a very substantial part of the total intellectual energies of every member of the resident faculty. The task of revision and expanson of these texts could never be complete at anyone time. However, the program was necessary in that written materials were not available from other sources.

    During FY 1968 DA Pamphlet 27-162, Claims, was revised. Despite severe shortages and unusually rapid turnover of personnel caused by the current world situation, work on the textbook program has contiued. The addition of new courses has required each faculty member to devote a greater proportion of working time to classroom instruction. A tabular report on the status of DA Pamphlets on military legal subjects appears as Appendix XII.

    Thesis Lending Library. The University of Virginia School of Law Library serves as the thesis lending library. Copies of thesis written by members of Judge Advocate Officer Advanced Courses are available on a temporary loan basis from this library. A catalogue of thesis is available from the School.

    Foreign Student Informationa'l Program. The Military Training Division coordinates an informational and ori~ntation program for the foreign officers who attend the School. The program's objective is to give these foreign officers, in addition to their military training, a balanced understanding of United States society, institutions, and ideals. They are introduced to the University of Virginia International Club, participate in local tours and social activities, and are entertained in private homes. They are assisted in visits to New York, Washington, D. c., and other large cities during their stay. The two foreign students in the Sixteenth Advanced Class participated in the Informational Tour sponsored by the Deputy Chief of Staff for Military Operations, Department of the Army. The Tour included visits to Denver, Colorado, The United States Air Force Academy at Colorado Springs, and Fort Bragg, North Carolina. A tour of Washington, D. c., included visits to the White House, Capitol Hill, the State Department, the Pentagon, and the Smithsonian Institution.

    21

  • EducatirJrlal Ad-uisor. The School secured the part-time

    services of an Educational Advisor, Dr. David W. Abbott, Assistant Professor of Education, University of Virginia, during Fiscal Year 1968. Dr. Abbott is a highly qualified educator, having received his Ph.D. at the University of Massachusetts with a specilization in Learning. The role of the Educational Advisor is to provide a source of expertise on new developments in the educational field, particularly learning methodology, and thus to serve as a conduit in bringing ap propriate educational innovations to the School.

    The educational advisor receives DR. DAVID W. ABBOTT general directives from the ComEducational Advisor mandant, TJAGSA, and performs

    on his own initiative continuing consulting service to the School. On the basis of his formal higher educational background, and his experience and professional knowledge of advanced learning concepts, he analyzes the effectiveness of teaching techniques used in resident instruction at the School including, but not limited to, classroom presentation methods, materials provided students, examination and grading procedures. He then makes recommendations for charges appropriate to the particular circumstances at the School and consonant with its prescribed mission.

    Because Dr. Abbott is leaving the University of Virginia at the end of the academic year to become chairman of the Department of Psychology at Florida Technological University, Orlando, Florida, the School will be der ived of his expertise and experience during Fiscal Year 1969. Howe-v~r, until Dr. Abbott is replaced at the University of Virginia, the School has obtained the services of Dr. John Sanderson, Associate Professor of Education at the University as a consultant. Dr. Sanderson's particular expertise is in the area of test construction and this association should also be most helpful to the School.

  • NONRESIDENT TRAININC

    General. The primary mission of the Nonresident Training Department of The Judge Advocate General's School is to provide training services for approximately 4200 reserve component judge advocate officers and other reserve component personnel not on extended active duty. In addition to preparing those reservists for active duty assignment, the Nonresident Training Department contributes to continuing the legal education of active duty Army judge advocate officers and enlisted personnel, their counterparts in other services, and a number of civilian personnel who need training and information in military legal matters. The Nonresident Training Department accomplishes its mission through a variety of programs administered by its two divisions.

    Nonresident Materials Preparation Division. The Nonresident Materials Preparation Division is the arm of the Nonresident Training Department most concerned with legal writing and editing. This division prepares in:tructional and student material for the USAR Schools and extension courses. These preparation duties are performed in conjunction with the appropriate academic divisions. Some of the courses this division prepare, in final form include: The USAR School Judge Advocate Officer Career Course; The USAR School Branch Officer Career Course; The Judge Advocate Officer Career Extension Course; The USAR School Judge Advocate Reserve New Develop

    ments Course; The USAR School Staff Judge Advocate Operations Course; The Extension Specilization Courses; and the USAR School and Extension Common Subjects Courses. Staff training problems are also prepared by the Nonresident Materials Preparation Division and are utilized by reserve Judge Advocate units and sections. It is E'stimated that this division prepares or reviews approximately 2000 hours of instructions each fiscal year. It is through this division that The Judge Advocate General's School

    LTC RUPERT P. HALL and its N onresiclen t Training DeDirector, N onresiden t partment seek to provide for the reTraining Department serve Judge Advoca te officer the

    equivalent educational opportunities available to the active duty Judge Advocate officer.

    a. Extension Courses. As part of a program of continuous updating of- extension courses, the Nonresident Materials Preparation Division, in cooperation with the Academic Department, revised twelve subcourses used in the Judge Advocate General's School Extension Program and one of the common subjects used by the service schools. The basic military justice subcourse has been revised, to be published as the

    23

  • anticipated Mrl1lual for COllrts-M(/rliul, UI/II~d Sl(/l(~s, /9('H, becomes available.

    b. USAR School Courses:

    (1) The Judge Advocate Officer Career Course under Annex AL to USCONARC Training Directive. The Nonresident Materials Preparation Division provided instructional materials for 57 judge advocate reservists enrolled in the USAR School Judge Advocate Officer Career Course. This represents the final section of this course that will be offered.

    (2) Branch Officer Career Course. Materials for all military legal subjects taught in USAR schools in the Branch Officer Career Course were distributed by the Nonresident Training Department. Approximately 4,000 student texts were distributed for use during the reserve duty portion of the period. The deparment has abo prepared the 1968 ANACDUTRA instructional materials for the 171 judge advocate reservists enrolled in the Branch Officer Career Course. This version of the career course for judge advocates will be concluded during the summer of 1968 and a new USAR School Program will be offered to judge advocate reservists participating in the Officer Career Course in 19681969.

    (3) New Development, Course. The Nonresident Training Department, during the last fiscal year, administered the USAR School Judge Advocate Reserve New Developments Course, which was offered as a graduate course to 97 reserve component judge advocates who had previously completed a Judge Advocate Officer Career Course. Subject matter included military justice, military affiairs, procurement law, and international law.

    (4) Staff Judge Advocate Operations Course. International material was provided for the 106 students taking this post-graduate course, which concentrates on the solution of practical legal problems occurring in the office of the staff judge advocate of a unit readying for mohilization and on through the stage of demobilization.

    c. Unit and Staff Training.

    In accordance with the training objectives expressed by Appendix VIII to Annex AA of the USC ONARC Training Directive, the Nonresident Training Department provides judge advocate officers assigned to troop program units and Judge Advocate General Organization Detachments with training materials throughout the reporting period. The practical legal problems furnished through the Special Catalogue of Staff Training Material for Reserve Components have been revised and supplemented and a new catalog is being prepared for publication in 1968. For ANACDUTRA of JAG Detachments during 1968, the Department has coordinated with the Academic Department of the School to arrange a week's presentation on military legal subjects by School personnel at both Fort Chaffee, Arkansas, and Hattiesburg, Mississippi. ANACDUTRA sites.

    21

  • lvIAJ ROBERT D. BYERS MAJ ROBERT N. MITTELSTAEDT Chief, Individual Training and Chief, Nonresident lWaterials

    Career ,Wanagemellt Division Preparation Division

    A Special Training Program for '-Var Crimes Detachments was conducted this past year as the ANACDUTRA for officer personnel assigned to the Judge Advocate War Crimes Detachments in the USAR. Officer members of the war crimes teams attended The Judge Advocate General's School from 14 to 25 Augw t 1967 for intensive academic study and practical work in war crimes team organization and war crimes investigation. Instruction by visiting lecturers with war crimes experience and experienced personnel in the field of criminal investigation contributed to the overall success of the program.

    Individual Training and Career Management Division. In March 1968 the Extension Course Division merged with the Individual Training and Career Management Division and assumed the name of the latter. The merger was designed to streamline the Nonresident Training Department by eliminating duplication of files and work among the divisions and by centralizing overall control of reserve officers training and career planning.

    a. Individual Training.

    As a part of its individual trammg function, the Individual Training and Career Management Division administers a variety of extension courses for armed forces personnel and qualified federal government employees:

    (1) The Judge Advocate Basic Indoctrination Extension Course, designed to provide a ba,ic understanding of the military legal system, is required for newly commissioned .lAGe officers (without concurrent call to active duty), who have not completed the equivalent of an officer basic or orientation course. This course, or its equivalent, is an educational prerequisite for promotion to captain.

  • (2) The Judge .-hhocate Officer Career Extension Course (5-IHE24): Prerequisites-actual, constructive or equivalent credit for the Judge Advocate Basic Indoctrination Extension Course. Applicant must be a commissioned officer of the armed forces whose assignment, actual or anticipated, is to the Judge Advocate General's Corps or his service's equivalent. Students enrolled in this course must complete a minimum of 70 credit hours each enrollment year. At least 30 of the 70 required annual credit hours must be completed by extension subcourses. The remaining 40 credit hours may be earned either by completing extension subcourses or attending one of the equivalent resident courses. Successful completion of Y2 of the career extension course will currently qualify a reserve component judge advocate officer for promotion to the grade of major. Completion of the entire course qualifies a JAGC officer for promotion through the grade of colonel. Effective 9 June 1969, however, completion of an appropriate Command and General Staff School course will be a prerequisite to promotion to colonel. On 1 July 1968 the E-24 course is to be replaced by the Judge Advocate Officer Career Extension Course, 5-18-E23. The revision of the career course was undertaken to make that course interchangeahle with the USAR School Advocate Official Career Course.

    (3) Specialization Extension Courses, available Lo reserve COlllponent judge advocate officers who have completed a Judge Advocate Officer Career Course, provide for study in depth of selected subjects in int.ernational law. military justice. military affairs. and procuremenl law.

    (4) Special Extension Courses provide training ill military-legal and related subjects to certain military personnel who ,lfe not judge adv()ca te officers:

    (a) Military Law for Commanders and Staff Officers is designed for officers who are not members of the Judge Advocate General's Corp~ but who, by virtue of their dut.ies. require knowledge of military law and procedure.

    (b) The Legal Administrative Technician Course (MOS 713A) provides training to personnel holding or preparing for the military occupational specialty of Legal Administrative Technician.

    (c) The Branch Senior NCO Course provides training to enlisted grades E-6 and above who hold MOS 71D.

    (d) The Legal Clerk Cour~e provides training to enlisted personnel holding or preparing for military occupational speciality of Legal Clerk (MOS 7ID). This Course consists of the following three parts: Legal Clerk Course (MOS 7ID20), Legal Clerk Course (MOS 7ID40), and Legal Clerk Course (MOS 7lD50).

    (5) Miscellaneous enrollments are also available to enable all active duty and reserve component military personnel and civilian employees of the federal government, whose actual or prospective duties require knowledge of the subject matter, to complete extension suh

    26

  • --

    courses offered by the School, even though they may not meet the eligibility requirements of any of the above-mentioned courses.

    As of 30 June 19fiR the breakdown of extension course enrollments was as follows:

    Service or Special Individual Components NCO E-20 E-24 Courses Subcouses Totals Active Army 12 0 16 133 122 283

    USAR 0 36 202 169 93 500

    ARNG 0 14 48 25 16 103

    USAF 0 0 5 8 63 76

    USN 0 0 0 1 2 3

    USMC 0 0 1 0 10 11

    ROTC 0 0 0 0 2 2

    Foreign Military 0 0 6 0 2 8

    Foreign Civilains 0 0 0 0 4 4

    U. S. Civilians 0 0 0 6 187 193

    -Totals 12 50 278 342 501 1183

    (6) The division also administers the following special training projects for J AGC reserve officers who have completed the Judge Advocate Officer Career Course or its equivalent:

    (a) The Military-Legal Thesis Program enables reservists to write scolarly articles on military-legal subjects, for which retirement points are awarded. The purpose of the program is to encourage the preparation and publication in civilian or military journals of scholarly articles or (TeMises on mili tary jurisprudence by judge advoca te reservists.

    (b) The Legal Area Specialist Program, offered to judge advocate reservists with a foreign language proficiency, provides training projects, consisting of the translation of legal codes, treatises, cases, and other civili.an or military-legal materials from a foreign language into English or vIce versa.

    (c) Miscellaneous training projects, consisting of the preparation and presentation of military-legal instruction, have also been assigned to judge advocate reservists.

    b. Career Management.

    (1) To provide prompt and accurate career advice to reserve judge advocates, the Individual Training and Career Management Division maintains detailed records for each reservist assigned to the Judge Advocate General's Corps. At the present time separate detailed personnel files and locator cards are maintained on each of 2,266 judge advocate reservists. Each file includes all available written material pertaining to an officer's career from the time of his apointment until his retiremen t. An additional file is maintained for each reservist, officer and enlisted, and each active duty enrollee in the extension course program. These files include all information pertinent to the enrollee's military

    27

    http:civili.an

  • education. These files are maintained throughout the individual's extension course enrollment and for a period of six years thereafter. During fiscal year 1968 approximately 4,200 such files were maintained by the Individual Training and Career Management Division.

    (2) In November 1967 the Nonresident Training Department published a special Reserve Issue of the Judge Advocate Legal Service to provide guidance and assistance to reservists in areas such as retirement points, unit training, educational opportunities, mobilization designation assignments, promotions, and constructive credit.

    (3) The Individual Training and Career Management Division engages in a constant flow of correspondence with individual reservists concerning their career development. In addition, every effort is made to contact reserve officers on a personal basis whenever possible. Each judge advocate reservist attending a resident short course at the School is interviewed by a member of the division. Such interviews often alert reservists to important career matters and contribute to the orderly development of their reserve career.

    c. New Developments in Reserve Education.

    During fiscal, year 1968 the Nonresident Training Department provided comments and recommendations to Department of the Army and USCONARC concerning proposed regulatory changes affecting USAR schools, extension course programs, common subjects instruction, educational and branch qualification of reservists and the organization and training of Army reserve units and personnel. As a result of coordination between the Department and USCONARC, a substantial revision of the Judge Advocate Basic Indoctrination Extension Course, the Judge Advocate Officer Career Extension Course, and the USAR School Judge Advocate Officer Career Course will come into effect during fiscal year 1969. In addition to the revision of the existing courses, a new concept in career courses called the Nonresident/Resident Option will also be introduced in fiscal year 1969.

    d. Mobilization Designee Training.

    The Individual Training and Career Management Division performs the administrative functions relating to the assignment and ANACDUTRA of judge advocate officers assigned to the Academic and Plans and Publications Departments of the School.

  • PLANS AND PUBLICATIONS

    General. The Plans and Publications Department has overall responsibility for the School's mission in conducting and coordinating legal research and its dissemination to Army judge advocates. The fulfillment of this function has resulted in The Judge Advocate General's School becoming a center for the development of scholarship in the field of military law.

    In distributing the results of this legal research, the department prepares and publishes diverse permanent and periodical military legal publications. It also uses training films as a method of acquainting Army personnel with the military legal system and with the services provided by the Judge Advocate General's Corps.

    The department prepares an integrated course of instruction in mili tary legal subjects for use in Army service schools, supervises the instruction in military law given ROTC students, plans and conducts the Judge Advocate General's Conference and common subjects instructors' conference as well as numerous special projects and research programs. It also coordinates the judge advocate phase of LOGEX, the annual logistical exercise for service school and reserve component personnel.

    PlI b fica tions.

    (I) Judge A ([vocate Legerl Service. This Departmen t of the Army pamphlet series is designee! for rapid dissemination of new developments

    in field of military law to active and reserve component Army judge advocates. The Legal Service is printed in Charlottesville to facilitate its over printing and distribution. The mailing lists undergo constant revision. The press run on each issue is approximately 6,700 copies. Bulk distribution is made to the Air Force and Navy.

    All cases decided by the United States Court of Military Appeals are reported in the Legal Service, reaching Army lawyers in the field much earlier than the printed advance

    LTC ROBERT D. PECKHAM sheets. In addition, all "published" Director, Plans and decisions' of the Army boards of

    Publications Department review, significant civilian decisions, and administrative matters of im

    portance to the Judge Advocate General's Corps are included in the Legal Service. A 'section on "Grants and Cert!fication~ of Review" keeps judge advocates informed on the problems bell1g conSl(iered by the U. S. (;omt of Ivfilitary Appeals. This year the Legal Service was assigned the

    20

  • MAJ JOHN R. THORNOCK MAT SANFORD V. LAVINE Assistan t to Director, Chief, Plans Division

    Plans and Publications Department

    function of publishing digested opinions of The Judge Advocate General of the Army, due to cessation of the tri-service Digest of Opinions bound series. Also, the perforation and page size of the Legal Service were altered to allow for greater content and to render its pages interchangeable with those of he new loose-leaf Manual for Courts-Martial. 1968. Between I July 1967 and 30 June 1968, 32 issues of the .Tudg

  • During FY 1968, Volumes 37-41 of the Military Law Review were printed. These volumes contained various articles of interest in the following fields: international law, military affairs, military justice, and procurement law. Plans have been made for Military Law Review republication of outstanding law review articles of peculiar interest to judge advocates and inclusion of case comments on important cases in the field of military law.

    The Military Law Review exchange program has secured for the School library legal periodicals from all over the world and continues to provide the School library with current law journals. The program was again expanded in FY 1968.

    (4) The department is responsible for the preparation and review of common subjects lesson plans in military legal subjects for use in Army service schools and USAR schools. Some of these common subjects are "Martial Law," "Military Justice," "Legal Aspects of Counterinsurgency," "The Geneva Convention," "Code of Conduct," and "Basic Military Administrative Law." During FY 1968, the revision of the lesson plan on military justice was completed, and revision of all lesson plans was begun.

    (5) Legal Clerk's Handbook. This text was published last year as a step-by-step guide for legal clerks. The widespread demand for the Handbook has resulted in the decision to have it published as a Department of the Army pamphlet. At The Judge Advocate General's School, the text will be used in the field of nonresident instruction and in any future legal clerk resident course.

    (6) SJA Special List of Ref!.u'lations. This publication is an Annex to Special Catalog Staff Training Material for Reserve Components and contains a list of Army regulations frequently used in staff judge advocate offices in the Army. The list was prepared and published by the Publications Division, and distribution to both active and reserve judge advocates was made in March 1968.

    (7) Pocket Card on New ArtiCle 15, UCMj. The department again made arrangements to revise the wallet-size card, GTA 27-1, which summarizes the policies, procedures, and authorized punishments applicable to nonjudicial punishment under the new Article 15, UCM.J.

    Special Activities.

    (I) The Judge Advocate General's Conference. The 1967 Judge Advocate General's Conference was held during the period 2-5 October 1967 at The Judge Advocate General's School. The conference enables senior judge advocates from throughout the world to meet and discuss important new developments in military law. General Harold K. Johnson, Chief of Staff, U. S. Army, was the keynote speaker. The Honorable Paul Warnke was the principal speaker at the conference banquet. In addition, selected speakers from the Office of The Judge Advocate General and from major continental and overseas commands addressed the conferees on legal problems of current interest.

    31

  • CPT RICHARD E. CROUCH CPT FRED J. SMITH, JR. Chief, Publications Division Editor, Military Law Review

    (2) LOGEX. The extensive planning and supervision necessary for the judge advocate play of LOGEX 1968 was accomplished by the School. The judge advocate sections in this Army-wide logistical exercise were manned by the members of the 6th and lIth Judge Advocate Detachments, from Seattle, 'Vashington, and Jackson, Mississippi, respectively; by the judge advocate sections of the 310th FASCOM, 3IIth and 103d Support Brigades, the 362d, 364th and 365th Civil Affairs Area Headquarters and the officers of the Judge Advocate General's School Advanced Class. In addition, the School provided comprehensive pre-LOGEX instruction for all JAG participants. LOGEX 1968 was found to be a valuable teaching device in confronting the players with the many legal problems arising in a logistical command. Again, this year's judge advocate play was highlighted by moot courts-martial, which aroused considerable interest among LOGEX participants of all branches. The appearance of the Army's Chief of Trial Judiciary as Law Officer at these moot courts-martial added to the realism pervading the play. The integrated play of active duty and reserve judge advocate officers demonstrated the value of the Judge Advocate General's Corps to the other branches of the Army.

    (3) Enlisted Evaluation Program for MOS Codes 7JD20, 7JD40, 7 J D50, and 7J E20. The purpose of the enlisted evaluation program is to test the proficiency of enlisted personnel in the grade E-3 and above holding the military occupational specialty of Legal Clerk (MOS 71D) and Court Reporter (MOS 71E). The grades achieved by the individual are the composite result of a commander's evaluation report, a pencil and paper test, and, in the case of court reporters, a performance test in reporting and transcribing. The results are used to determine the qualifications of an individual in his particular grade and his eligibility or proficiency pay and promotion.

    The Plans Division is responsible for writing test items (questions)

    !l2

  • MAJOR GENERAL LAWRENCE J. FULLER, Assistant The jud.ge Advocate General, and LIEUTENANT COLONEL DAVID T. BRYANT, AssIstant Executive for Reserve Affairs, OTjAG, are pictured at the 22d FASCOM Headquarters with CAPTAIN DONALD A. DONADIO and CAPTAIN DALE H. CLOSE from TjAGSA fit LOGEX 19M?

    for the written tests, and for preparing a 30-minute tape recording, extracted from an actual record of trial, for the court reporter's performance test. The recording consists of opening statements, examination of witnesses, arguments, and instructions. The pencil and paper tests are machine graded at the Enlisted Evaluation Center, Fort Benjamin Harrison, Indiana, while the transcripts from the performance tests are graded at the School. The Enlisted Evaluation Center is also responsible for the final consolidation and publication of the tests and grades. The division is now in the process of preparing the 1969 tests.

    (4) Law Day USA. The School has the responsibility for coordinating the Law Day activities of the Department of the Army. This year Law Day chairmen were appointed at each Army installation, command, and activity, and these chairmen were placed on the mailing list for the American Bar Association's Law Day materials. In addition, the School mailed to the chairmen display materials, illustrating the activities of the Judge Advocate General's Corps.

    (5) Army-Wide Training Films. During FY 1968, the department recommended production in FY 1969 of a new training film depicting the trial of a general Court-martial. It is hoped that the film will be produced and released concurrent with the effective date of the new Manual for Courts-Martial, 1968. Also, a proposal was made to carry

    33

  • GENERAL HAROLD K. JOHNSON, Chief of staff) U. S. Army) addresses the 7967 .Judge Advorate General's (;onferenre.

    Receiving line at the 1967 .Judge Advocate General's Conference Banquet. Left to right: BRIGADIER GENERAL AND MRS. ROBERT M. WILLIAMS, MAJOR GENERAL ANI) MRS. LAWRENCE J. FULLER, GENERAL AND MRS. ROBERT W. PORTER) JR.) THE HONORABLE PAUL WARNKE,

    MAJOR GENERAL KENNETH .J. HODSON, COLONEL AND MRS. KENNETH C. CRAWFORD, CAPTAIN F. DEAN COPELAND.

  • over the requirement for poduction of a film concerning the provisions of The Hague and Geneva Conventions originally scheduled for production in FY 1968.

    (6) The Judge Advocate General's Corp'S Display. Within the past year, construction was completed on a new and informative multipaneled Judge Advocate General's Corps display. This display is stored at the Army Exhibit Unit Headquarters at Cameron Station, where it was built. It has been on exhibit at various activities, where it has been very well received.

    (7) Court Reporter Classes. The School continued to monitor the instruction of Army court reporters conducted by the United States Naval Justice School, Newport, Rhode Island.

    (8) Survivor's Assistance. The department is responsible for both notifying and rendering assistance to the next of kin of deceased active and retired servicemen. Thirteen survivor assistance cases were administered during FY 1968.

    (9) Public Information Officer. During FY 1968 a Public Information Officer was again appointed from the Plans and Publications Department. During the fiscal year, increased emphasis was placed on obtaining the broadest possible coverage of all events occurring at the Judge Advocate General's School. Several new media were explored in an effort to broaden this coverage. These new media included the Federal Bar Association News, Reserve Officers Association Magazine, Army Reserve Magazine, and WRVA, a Richmond based television station. Also, a feature article concerning the School was carried by a large metropolitan area newspaper. In addition, routine public information activities were continued, including dissemination to School personnel of important information received through command information channels, maintenance of various speech file services and a speaker introduction file, preparation of biographical sketches, and assistance to civilian authors and editors writing on military law. Press releases and other information covered interviews with foreign students, guest speakers and official guests of the School, and notices for hometown newspapers about activities of and awards to Judge Advocate General's School faculty and students. .

    (10) ROTC Instruction. The department continued to conduct the instruction on military law for ROTC cadets at the University of Virginia. The instruction included moot courts-martial. By providing this instruction, the department is able to gauge the impact and acceptability of ROTC Manual 145-85 (Military Law and Boards of Officers) which was written by personnel of the department. Because of recent far-reaching changes in the law of confessions and suspect's rights and in the Army regulations governing administrative discharge boards, and the advent of the new Manual for Courts-Martial, extensive revisions of ROTCM 145-85 and of the ROTC subject schedules in military law were prepared by the Publications Division.

    (11) Planning. The School conducts, coordinates and supervises re

    3,1)

  • search in the field of military law and prepares miscellaneous studies for internal use as w~ll as for the entire Judge Advocate General's Corps. Additionally, the School assists in the development of broad, long-range continuity plans and procedures for the Corps.

    (12) Army Band School Instruction. During December of 1967, personnel of the department conducted a full course of military justice instruction for the enlisted bandleaders and bandmaster (warrant, officer) candidates of the U. S. Army Element, School of Music, at Little Creek Naval Base near Norfolk, Virginia.

    (13) Thesis Loan. The Plans Division administers a thesis loan program to the Royal Australian Air Force. This program, initiated in FY 1968, is designed to provide for the lending of TJAGSA Advanced Class theses to the Royal Australian Air Force. The RAAF reproduces the thesis for future use.

    (14) MOS Data Bank. During FY 1968 the Plans Division constructed the judge advocate phase of the Army Military Occupational Specialty Data Bank project. This project is designed to computerize data relative to all MOS's (enlisted, warrant and officer) in the U. S. Army.

    (15) Special Train1ing Hlms for Reserve Units. In addition, the department was responsible for coordination of a new pilot program for improvement of reserve instruction: The classroom lectures of selected TJAGSA instructors are being TV-taped for eventual distribution as Iraining films for JAGe reserve units.

  • ADMINISTRATION

    General. The Office of the School Secretary, working under the direction and guidance of the Commandant, is responsible for all matters pertaining to administration, personnel. finance, billeting, transportation, logistics, and security.

    This office administers the following programs: records and forms management, soldier voting, reports control, savings bonds, government leased housing, and command management.

    This office handles the official correspondence of the School, controls classified material, maintains personnel records and record files, prepares School regulations, and reproduces material published by the School.

    Finally, the office is responsible for coordinating supply activities, preparing all budget and fiscal programs, operating the School Library, and coordinating with the University of Virginia in arranging suitable classroom facili ties.

    Facilities of the School.

    (1) The Judge Advocate General's School Building. This structure, dedicated on 26 September 1956, is a red brick building of Georgian architecture. It contains 41 offices and 25 furnished rooms which are used as living quarters for personnel on temporary duty at the School.

    There is also the School Library, a confereni::e room, a supply room, a bookstore, and a suite which is available for visitors to the School. The .r udge Advocate General's School Officers' Open Mess consists of a snack bar area, a lounge and an outdoor patio on the fourth floor of the building.

    Among the offices located in the School building are the Office of the Commandant, Office of the School Secretary, the Plans and Publications Department, the Nonresident Training Department, the Academic Department, and the Office of theLTC ROBERT D. PECKHAM Combat Developments Command,School Secretary Judge Advocate Agency.

    (2) Directly across from The Judge Advocate General's School Building stands Clark Memorial Hall which houses the University of Virginia Law School. The Judge Advocate General's School uses two classrooms in this building on a full-time basis. One of these is designed to accomodate 96 students, and the other has a seating capacity of 60. East

  • ILT WINSTON M. HAYTHE 2LT JAMES P. ROCK Adjutant Assistant Adjutant

    Hall, the larger room, IS used primarily for the Basic Classes; the smaller room is occupied nine months of the year by the Advanced Class. During the summer months, both rooms are used for short courses. The rooms are available to students year-round in the evening for study purposes.

    (3) Libraries. 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 are required, and for general research purposes, students attending The Judge Advocate General's School 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 School Library contains a selected collection of civilian and military law reporters, statutes, books, and periodicals, as well as related materials in the fields of military history, military tactics, leadership and discipline, and international law. A full-time librarian on the civilian staff maintains the holdings and assists those using the library. The library occupies four rooms on the second floor of the Judge Advocate General's School Building.

    The Law Library, in Clark Hall, contains over 150,000 volumes. It has an extensive collection of published reports of the American federal and state courts, the reports of the courts of the United Kingdom, treatises, digests, encyclopedias, and indices and citator services. It also contains the statutes 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. The academic activities of The .Judge Advocate General's School, particularly the writing of theses by the members of the Advanced Class, require frequent recourse to the Law Library. The use of the Library is subject to regulations. copies of which are available at the circulation desk.

    38

  • The Alderman Library has about 1,360,000 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.

    Quarters. Visiting officers' quarters are available in The Judge Advocate General's School Building. Assignment of rooms may be obtained through the Billeting Officer. Linens. towels, maid service, and other conveniences are provided.

    The School is authorized to lease 43 sets of quarters to be utilized as government quarters in lieu of BAQ. A number of these units are occupied by enlisted personnel and company grade officers stationed at the School. The remaining units are occupied by student officers of the Advanced Class and their families. The School Secretary and the University Housing Division maintain lists of available apartments and houses in the Charlottesville area.

    Messing. Government messing facilities are not available at The Judge Advocate General's School. However, the renovated cafeteriastyle snack bar in the Officers' Open Mess is capable of providing faster service to more people. There are also available a number of dining halls and snack bars operated by the University of Virginia, as well as many convenient commercial restaurants.

    Officers' Open Mess. The top floor of The Judge Advocate General's School Building is set aside as the Officers' Open Mess. The rooms are furnished with large comfortable chairs and sofas, writing tables, a color television set, piano. radio. anc! other accessories. These rooms are open daily for the use of all members. I n the evening hOllrs. 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 reception~. social hours. anc! bridge nights.

    Boohstore. A small bookstore is operated in the west end of the Judge Advocate General's School Buildings on the first floor. Various drug items. uniform equipment, stationary supplies, cigarettes and tobacco. souvenier items. gifts, and books are available for purchase.

    Logistical Support. Government storage facilities are not available nor is there a transportation officer assigned to the School. However, the Logistics Office provides neces 1 L T RICHARD C. SHEBELSKI sary assistance and advice in arrang- Mess Secretary

    39

  • Mess attendants RICHARD MONROE and JAMES SMITH pose 111 the foodservice area of the Officers' Open Mess.

    ing for shipment and/or storage of household goods. Also, this office requisitions items of equipment needed to support the operation of the School and contracts for printing of certain publications.

    Adjutant's Office. The Adjutant's Office is responsible for the processing of all incoming and outgoing personnel. Personnel actions are handled by this office, as weI! as the maintenance of individual records. The office also acts as liaison with the Staff Civilian Personnel Division in Washington for the civilian employees.

    Although the School has no finance officer, the Adjutant's Office is available to provide necessary assistance and advice in matters relating to pay and allowances. Close contact is maintained with the servicing Finance and Accounts Office in "\Vashington. The Adjutant's Office also operates the School mailroom and the internal distribution system.

    Medical and