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Comprehensive Review of the DON Uniformed Legal Communities

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Comprehensive Review of the DON Uniformed Legal Communities (PAGE INTENTIONALLY LEFT BLANK) Table of Contents 1. EXECUTIVE SUMMARY .......................................................................................... 1 1.1 Introduction ........................................................................................................ 1 1.2 Background ........................................................................................................ 2 1.3 Core Themes — The Panel “Lens” .................................................................... 4 1.4 Report Structure ................................................................................................. 8 1.5 Findings & Recommendations ........................................................................... 8 1.6 Implementation Oversight ................................................................................ 11 1.7 Submission of Report ....................................................................................... 12 2. REVIEW SCOPE AND METHODOLOGY .............................................................. 13 2.1 SECNAV Direction ........................................................................................... 13 2.2 Previous Reviews ............................................................................................. 14 2.3 Information Gathering ...................................................................................... 16 2.3.1 Navy Working Group Summary ................................................................. 16 2.3.2 Marine Corps Working Group Summary .................................................... 17 2.3.3 Executive Review Panel Sessions ............................................................. 19 3. CURRENT POSTURE OF THE NAVY JAG CORPS ............................................. 21 3.1 Introduction ...................................................................................................... 21 3.2 Mission & Functions of the Navy JAG Corps.................................................... 21 3.3 Organization of the Navy JAG Corps Legal Community .................................. 22 3.3.1 Legal Organization at the DON Level ........................................................ 22 3.3.2 Legal Organization Under the Chief of Naval Operations .......................... 24 3.3.3 Assessment Processes for the JAG Corps Community ............................. 28 3.3.4 Organizational Issues ................................................................................ 29 3.4 Manning of the Navy JAG Corps Legal Community ......................................... 35 3.4.1 Judge Advocates ....................................................................................... 35 3.4.2 Reserve Community .................................................................................. 46 3.4.3 Enlisted Community ................................................................................... 47 3.4.4 Civilian Employees .................................................................................... 53 3.4.5 Manning Issues ......................................................................................... 54 3.5 Training and Professional Development of the Navy JAG Corps ..................... 58 3.5.1 Judge Advocates ....................................................................................... 58 3.5.2 Legalmen ................................................................................................... 65 3.5.3 Training and Professional Development Issues ......................................... 68 I 3.6 Resourcing of Navy Legal Community ............................................................. 72 3.6.1 Facilities ..................................................................................................... 72 3.6.2 Resourcing of Case Management Systems ............................................... 73 3.6.3 Equipping/Resourcing Issues .................................................................... 74 3.7 Mission Execution ............................................................................................ 76 3.7.1 Role of the Commander............................................................................. 76 3.7.2 Navy Military Justice .................................................................................. 80 3.7.3 Navy and Joint National Security Law ....................................................... 92 3.7.4 Navy Administrative Law ........................................................................... 95 3.7.5 Navy Legal Assistance ............................................................................ 105 3.7.6 Mission Execution Issues ........................................................................ 110 4. NAVY FINDINGS AND RECOMMENDATIONS ................................................... 115 4.0 Introduction .................................................................................................... 115 4.1 Culture ........................................................................................................... 115 4.1.1 Identity ..................................................................................................... 115 4.1.2 Assessment ............................................................................................. 116 4.2 Organization ................................................................................................... 118 4.2.1 The Roles and Responsibilities of JAG and DJAG/CNLSC ..................... 118 4.2.2 Region Legal Service Offices .................................................................. 119 4.3 Education and Training .................................................................................. 121 4.4 Resourcing ..................................................................................................... 123 4.4.1 Community Management and Professional Development ....................... 123 4.4.2 Manpower ................................................................................................ 125 4.4.3 Military Justice Litigation Career Track .................................................... 128 4.4.4 Material Deficiencies ............................................................................... 130 4.5 Unlawful Command Influence ........................................................................ 131 5. ORGANIZATION, MISSION, ROLES, AND RESPONSIBILITIES OF THE MARINE CORPS UNIFORMED LEGAL COMMUNITY ............................................................. 133 5.1 Historical Background and Response to Congressional Concern .................. 133 5.1.1 Past Congressional Concerns over Execution of DON Legal Support .... 133 5.1.2 Commandant Endorsement of Statutory Changes for SJA to CMC ........ 134 5.1.3 Commandant-Directed Reorganization of Legal Services Support .......... 135 5.2 Marine Corps Method to Inform Comprehensive Review ............................... 138 5.2.1 Scope of Review ...................................................................................... 138 II 5.2.3 Research and Methodology by the Marine Corps Working Group ........... 139 5.3 Mission and Functions ................................................................................... 142 5.4 Command Legal Advice ................................................................................. 143 5.5 Legal Services Support .................................................................................. 144 5.5.1 Legal Services Support Sections and Teams .......................................... 144 5.5.2 Defense Services Organization (DSO), Victims’ Legal Counsel Organization (VLCO), and Legal Services Support Relationship .......................... 146 5.6 Marine Corps Legal Support Personnel Assignments .................................... 147 5.6.1 Counsel for the Commandant .................................................................. 149 5.6.2 Departmental Assignments ...................................................................... 150 5.6.3 Joint Assignments ................................................................................... 150 5.7 Role of Staff Judge Advocate to the Commandant of the Marine Corps ........ 151 5.7.1 Judge Advocate Division Organization and Subordinate Branches. ........ 152 5.8 Functional Areas ............................................................................................ 156 5.8.1 Military Justice ......................................................................................... 156 5.8.2 International and Operational Law ........................................................... 156 5.8.3 Administrative Law .................................................................................. 157 5.8.4 Civil Law .................................................................................................. 157 5.8.5 Legal Assistance ..................................................................................... 158 5.8.6 Legal Administration ................................................................................ 158 5.9 SJA to CMC Assessments of the UNIFORMED Legal Community ................ 158 5.9.1 Commanding General Inspection Program .............................................. 158 5.9.2 SJA to CMC Legal Support Inspection (LSI) ............................................ 159 5.9.3 The Marine Corps Judge Advocate Board Process ................................. 159 6. MARINE CORPS FINDINGS AND RECOMMENDATIONS ................................
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