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THE ARMY LAWYER Headquarters, Department of the Army March 2012 Lore of the Corps Special Editi on Department of the Army Pamphlet 27-50-466 Editor, Captain Joseph D. Wilkinson II Technical Editor, Charles J. Strong The Army Lawyer (ISSN 0364-1287, USPS 490-330) is published monthly The Judge Advocate General’s School, U.S. Army. The Army Lawyer by The Judge Advocate General’s Legal Center and School, Charlottesville, welcomes articles from all military and civilian authors on topics of interest to Virginia, for the official use of Army lawyers in the performance of their military lawyers. Articles should be submitted via electronic mail to legal responsibilities. Individual paid subscriptions to The Army Lawyer are [email protected]. Articles should follow The available for $45.00 each ($63.00 foreign) per year, periodical postage paid at Bluebook, A Uniform System of Citation (19th ed. 2010) and the Military Charlottesville, Virginia, and additional mailing offices (see subscription form Citation Guide (TJAGLCS, 16th ed. 2011). No compensation can be paid for on the inside back cover). POSTMASTER: Send any address changes to The articles. Judge Advocate General’s Legal Center and School, 600 Massie Road, ATTN: ALCS-ADA-P, Charlottesville, Virginia 22903-1781. The opinions The Army Lawyer articles are indexed in the Index to Legal Periodicals, expressed by the authors in the articles do not necessarily reflect the view of the Current Law Index, the Legal Resources Index, and the Index to U.S. The Judge Advocate General or the Department of the Army. Masculine or Government Periodicals. The Army Lawyer is also available in the Judge feminine pronouns appearing in this pamphlet refer to both genders unless the Advocate General’s Corps electronic reference library and can be accessed context indicates another use. on the World Wide Web by registered users at http:// www.jagcnet.army.mil/ArmyLawyer and at the Library of Congress The Editor and Assistant Editor thank the Adjunct Editors for their website at http://www.loc.gov/rr/frd/MilitaryLaw/Army_Lawyer.html. invaluable assistance. The Board of Adjunct Editors consists of highly qualified Reserve officers selected for their demonstrated academic excellence Address changes for official channels distribution: Provide changes to and legal research and writing skills. Prospective candidates may send the Editor, The Army Lawyer, The Judge Advocate General’s Legal Center Microsoft Word versions of their resumes, detailing relevant experience, to and School, 600 Massie Road, ATTN: ALCS-ADA-P, Charlottesville, the Technical Editor at [email protected]. Virginia 22903-1781, telephone 1-800-552-3978 (press 1 and extension 3396) or electronic mail to [email protected]. The Editorial Board of The Army Lawyer includes the Chair, Administrative and Civil Law Department; and the Director, Professional Articles may be cited as: ARMY LAW., [date], at [first page of article], Writing Program. The Editorial Board evaluates all material submitted for [pincite]. publication, the decisions of which are subject to final approval by the Dean, Lore of the Corps Special Edition Introduction ................................................................................................................................................................................ ii The True Story of a Colonel’s Pigtail and a Court-Martial .................................................................................................... 1 TJAG for a Day and TJAG For Two Days: Brigadier Generals Thomas F. Barr and John W. Clous ............................. 3 Shot by Firing Squad: The Trial and Execution of Pvt. Eddie Slovik .................................................................................. 5 Indians as War Criminals? The Trial of Modoc Warriors by Military Commission .......................................................... 7 Judge Advocates in the Empire of Haile Sellasie: Army Lawyers in Ethiopia in the Early 1970s ..................................... 9 Master of Laws in Military Law: The Story Behind the LL.M. Awarded by The Judge Advocate General’s School .... 11 For Heroism in Combat While Paying Claims: The Story of the Only Army Lawyer to be Decorated for Gallantry in Vietnam ............................................................................................................................................................. 13 Promotions to Major, Lieutenant Colonel, and Colonel in the Corps: The History of Separate Boards of Judge Advocate Field Grade Officers .............................................................................................................................................. 15 Tried for Treason: The Court-Martial of Private First Class Maple ................................................................................... 17 Legal Aid for the Soldier: The History of the Army Legal Assistance Program................................................................. 20 The “Malmedy Massacre” Trial: The Military Government Court Proceedings and the Controversial Legal Aftermath ................................................................................................................................................................................ 22 “The Largest Murder Trial in the History of the United States”: The Houston Riots Courts-Martial of 1917 ............... 28 A Remarkable Judge Advocate By Any Measure: Colonel Hubert Miller (1918–2000) .................................................... 31 Crossed Sword and Pen: The History of the Corps’ Branch Insignia ................................................................................. 34 Colonel Walter T. Tsukamoto: No Judge Advocate Loved America or the Army More ................................................... 37 Who is Where and What are They Doing? A History of the JAGC Personnel Directory .................................................. 43 Theft of Crown Jewels Led to High Profile Courts-Martial .................................................................................................. 46 Military Legal Education in Virginia: The Early Years of The Judge Advocate General’s School in Charlottesville ......................................................................................................................................................................... 48 A Battlefield Promotion and a “Jumping JAG” Too: The Amazing Story of Nicholas E. Allen in World War II (1924–1993) ............................................................................................................................................................................. 52 Anatomy of a Court-Martial: The Trial and Execution of Private William Buckner in World War I ............................ 55 A “Fragging” in Vietnam: The Story of a Court-Martial for Attempted Murder and Its Aftermath .............................. 61 A Butler in FDR’s White House, Combat Infantryman in Italy, and Judge Advocate in the Corps: Rufus Winfield Johnson (1911–2007) ................................................................................................................................... 64 The Trial by Court-Martial of Colonel William “Billy” Mitchell ......................................................................................... 67 The Trial by Military Commission of “Mother Jones” .......................................................................................................... 72 CLE News ................................................................................................................................................................... 76 Current Materials of Interest ....................................................................................................................................... 85 Individual Paid Subscriptions to The Army Lawyer ................................................................................ Inside Back Cover MARCH 2012 • THE ARMY LAWYER • DA PAM 27-50-466 i Introduction For the last two years, The Army Lawyer has printed “Lore of the Corps” articles written by the JAGC Regimental Archivist and Historian. This special edition reprints them all. The purpose of these articles is to share the rich and varied history of our Corps, in a few short pages each month. This is a relatively new initiative, and is part of the larger Regimental History Program established in 2005. This is not to say that the Corps did not concern itself with its history before 2005, but efforts to capture our history and disseminate it were sporadic. During World War II, Colonel William F. Fratcher was appointed as the “Corps Historian,” but the position was apparently left unfilled after Fratcher left active duty. In the 1970s, the Center of Military History published a monograph about Judge Advocate operations in Vietnam and the Corps published a general history of Judge Advocates during the Bicentennial celebrations, but these were very much stand-alone projects. Not until 1988 did the Corps again select an individual to be its historian, when Major General Hugh Overholt, then serving as TJAG, appointed Mr. Dan Lavering, the librarian at The Judge Advocate General’s School, U.S. Army (TJAGSA), as the Regimental Historian. When TJAGSA became TJAGLCS in 2003, the approved Table of Distribution and Allowances for TJAGLCS included a Regimental Historian and Archivist as a separate position. In 2006, Mr.
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