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Department of the Army Pamphlet 27-50-286 September 1996 Table of Contents rFArticles z Most Recent Prisoner of War: Warrant Officer Bobby Hall Incident ....................................................................................................... 3 Major Scott R Morris TJAGSA Practice Notes ........................................................................................................................................................ 34 Faculty, Thc Judge Advocate Gcneml's,School anmcthw NO~S.............................................................................................................................................................................. I.d............................ 34 NW Rules of procedu~eAnaounced Just in Tirue for Bid plotest Season; Forewarned Is Forearmed: DCAA Held Liable for $25 Milion in Damages for Accounting Malpractice Law Notes ............................................................................................................................................................................................................. 40 I'vc Got a Secret. wee v. Redmod Recognizes Psychotherapist-PatientPrivilege. An Courts-hhtial Far Behind? hgd~sis~~ .................................................................................................................................................. I..................................................... 43 Family Law Notes (Colomdo Court Considers Government Provided Qumtem BS Gross Income for Suppoa; Texas Cwa Awards Former Spouse Portion of SSB). Consumer Law Note (Supreme Court Issues Bad News to Credit Card Users).lhn Law Notes flaxpayer Bill of Rights 2; Rollover of Gain on Sale of Principal Residence; Treatment of Rollover Following Divorce) Notes from the Field .............................................................................................................................................................. 47 Ucurenunt Colonel kflmy E Addicon I"..A Special Forces HmRights Policy ..................... 1........................................................................................................................................................ 47 To Read or Not to ... 7 The Debnse Counsel's Dilemma Under Alticle 31(b). UMJ ......................................................................................... USALSA Report ..................................................................................................................................................: ......... ....... 54 United States Anny Legal Services Agency ,*- ,” ~8 Litigation Division Notes .................................................................................................................................................................................................... 54 . ; i Army National Guard and United States Army Reserve Cases I Environmental Law Division Notes ................................................................................................................................................................................... 57 Recent Emironmental Law Dewlopments Claims Report ........................................................................................................................................................................ 61 United States Army Claim Service I Personnel Claims Notes (Turn-in of IRV Shipment Items with Salvage. Value; Claims for Russian Boxes; Depreciation on Compaa DiSCS) Guard and Reserve Affairs Items ......................................................................................................................................... 62 ,* Guard and Reserve Affairs Division, OTJAG Reserve Component Quotas for Resident Graduate Course: Personnel Changes; GRA On-Line!; The Judge Advocate General’s Reserve Component (&-Site) Continuing Legal Education Program; On-Site Program for 1996-1997 Academic Year. The Judge Advocate General’s School Reserve Component (On-Site) Continuing Legal Education Training Schedule, 19%-1997 Academic Year CLE News ............................................................................................................................................................................... 66 /’. Current Materials of Interest ............................................................................................................................................... 70 Individual Paid Subscriptions to TheAmy Lmvyer ...................................................................................... Inside Back Cover I .* ...... ...... .... ... .. L The Army Lawyer (ISSN 0364-1287) Y Editor, CaptakAlbert R. Vel Editorial Assistant, Charles J. Strong IT 1 i The Army Luwyr is published monthly by the Judge Advocate General’s 7he Army Lawyer articles are indexed in the Index io Legal Periodi- School for the official use of Army lawyers in the performance of their cals. the Current Law Ida,the Legal Resources Index, and the In&x io legal responsibilities. The opinions expressed by the authors in the ar- US.Government Periodicals. ,1 ticles, however, do not necessarily reflect the view of The Judge Advocate General or the Department of the Army. Masculine or feminine pronouns Address clrong& fir offiial channek dishibulion: bidechanges in this pamphlet refer to both genders Unless the Context indi- to the Editor, ?he Army Lawyer,TJAGSA, 600 Massie Road, Charlottesville, cates another use. VA 22903-1781. telephone 1-800-352-3978, at. 396. i’k Anny Lawyer welcomes artlcles on topics of interest to military Issues may be cited as ARMYLAW.. [date]. at [page number]. 1awyers.Mcles should be submitted on floppy disks to: Editor, The Army Lawyer, The Judge Advocate General’s School, U.S. Army Charlottesville, Periodicals postage paid at Charlottesville. VA and additional mailing 22903-1781. should be typed doublespaced on a sepa- offices. Send address changes to The Judge Advo- Virginia Footnotes POSTMASTER: any ,+ -I rate sheet. Articles should be doublespaced, in Courier New 10 pint cate General’s School, U.S. Army, Am: JAGS-DDL, Charlottesville. VA font, and Micmft Word format. Other acceptable, though discouraged 22903-1781. formats, include: WordPerfect, Enable, Multimae, DCA W,and ASCII. Articles should follow A [Ingoma System of Citation (16th ed. 1996) and Milituty Citarion (TJAGSA. July 1992). Manuscripts will be returned only upon specific tequest. No compensation can be paid for articles. I/ ‘L America’s Most Recent Prisoner of War: The Warrant Officer Bobby Hall Incident I I, j Major Scott R. Morris* P Professor, Intemtional and Operational Law Department r‘ The ludge Advocate General’s School, United States Army Churlottesville, Virginia Introduction it demonstrates the continuing need to educate the military com- munity about the code of conduct and evaluate its contemporary This article reviews the facts and analyzes the legal issues meaning and spirit. relating to the shooting down of an American observation heli- copter (OH-58) over North Korea on 17 December 1994. Many General Historical Background aspects of the events remain classified, and therefore, the full rendition of the events will not be known for years.’ Conse- The Korean Demilitarized Zone @MZ) is a vestige from the quently, the following analysis relies on public domain sources? Cold War era.’ The emerging post-World War II geo-political tensions that arose between the United States and the Soviet Union The intent of this article is threefold. First, it informs the set the stage for the fmt limited war.’ After the North Korean reader about the incident. To date, no publication has compiled surprise attack across the 38th parallel on 25 June 1950, the the publicly known facts in one document. Second, it analyzes United Nations (U.N.) authorized the use of force to repel the the international law issues germane to the incident and high- invasion? By 15 July 1950, the United States and both Koreas lights the diversity of issues that operational lawyers face. Third, agreed to apply the principles of the 1949 Geneva Conventions.6 ’ The opinions and conclusions in this article are my own and do not necessarily reflect the views of the Army. The Judge Advocate General’s Corps. or any government agency. f-\ The Army routinely conducts investigations into various matters. DEP’Tff ARMY.REG. 15-6, BOARDS,CO~M~SSIONS, AND COMMITEES: PROCEDUR~ FOR INVES~GAIING - OFFICERSAND BOARDSOF OFFICERS(24 Aug. 1977) (CI,15 June 1981) provides investigating officers with guidance on their duties. The term “15-6 investigation” refers to investigations conducted under this regulation. The Army used this format to investigate this incident. The full report is chsified. but the Army did release a sanitized version for the public. However, even the publicly released excerpts of the Army’s internal investigation (called a “15-6 investigation”) provided little information for legal analysis. See Excerpt from Dep’t of Amy. DA Form 1574, Report of Proceedings by Investigating OfficerlBoard of Officers. subject: Faas and Circumstances Leading Up to the OH-58A Crossing of the Military Demarcation Line (MDL) (21 Dec. 1994) and approved by Lieutenant General Richard F. Tmons on 23 Jan. 95 fiereinafter Bobby Hall 15-61. The Joint &MaSurvival. Evasion. Resistance. and Escape Agency (JSSA) provided me with an unclassified extract of the SERE k~mSUMMARY. CW2 BOBBYWAYNE HAL& 11, CONDUCED2-3 JANUARY 1995. COMMANDPOST. McDu, AFB,FLORIDA (SECRET) [hereinafter HAIL DEBRIEFINGSUMMARY]. This extract
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