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The Army Lawyer (ISSN 0364-1287) THE ARMY Headquarters, Department of the Army Department of the Army Pamphlet 27-50-222 June 1991 Table of Contents Address tolbe JAG Regimental Workrhop .................................................................................. 3 Major General John L Fugh Article The Persian Oulf War Crimes Trials.. ..................................................................................... 7 Captain R Peter Mastenon USALSA Report.. ........................................................................................................ 18 Unlted States Army bgal Services Agency The Advocate for Military Defense Counsel DAD Notes.. ...................................................................................................... 18 Follow All Leads: COMA Is Watching; What Is a "Breaking"?; The Ever-Widening Scope of Fraternization in the Military Contract Appeals Division Note.. ......................................................................................... 22 Narional Biosystenu and Corporate Jee: Jurisdiction "by Quantity" (Is Any Quantity Enough?) 'r Lkutenant Colonel Chrencc D. Long Clerk of court Note.. .................................................................................................. 25 t The Army Court of Military Review in 1990 TJAGSA Practice Nota ................................................................................................... 26 Instructors, The Judge Advocate General's School Criminal Law Noh.. ................................................................................................... 26 Mistake of Fact in Bad Check Caseq Duly in the Persian &If Is "Important Service"; Facts Relevant to Desertion; Obstructing Justice by Attempting to Influence a State Court Proceeding; How to Measure a Blade; ,Communicating a "Conditional" Threat Legal Assistance Item .................................................................................................. 35 Family Lmw Notes (Serving Child Support Enforcement Orders on the Military Finance Centers; Current Child Support Ouidehes); Veterans' Benefits Notes (Congnas PIJS~SOulf Benefits Act, Employment Right6 Under the VRRL Extend to Succe6sors in Interest; Court Holds AntidiscriminationProvision of VRRL Not Clear Enough to Bring Individual Suit); TuNotes (IRS Makes Favorable Filing Deadline Detennination for Operations Desert Shield and Desert Stonn Soldiers; Virginia Requires Nonresident Landlords to Register); Survivor Benefits (DIC Rate Incruses); Consumer Law Notes (Credit Repair Companies; Tu Refund Anticipation Loans) Administrative urd Civil LAWNote....................................................................................... 43 Federal Employees' Liability Reform and Tort Compensation Act of 1988-Vnfted Srares v. Smith contract Law Note...................................................................................................... 44 OAO Revises Bid Protest Rules Claims Bcpo.............................................................. ............................................. 47 Untied Smes Army Chinu Service The Use of National ouard Personnelfor Counter-Drug Operations:Implications Under the Federal Tort Claims Act Caprain Roberi C. Gkason F ClhPolicy Notes (Revised Delegations of Authority; Including DD Form 1840/1840R in Demand Packets); Tort Claims Note (Submitting Tort Claims by Facsimile); Management Note (United States Anny JapanlM Corps, and loth Area Support Group, Okinawa, Claims Offices) Labor and Employment Lpw Notes.. ....................................................................................... 53 OTJAG Lobor and Employment Low Ofice. FORSCOM Sta# Judge Advocate's Wce, and TJAGSA Mmlnisrr~and Civil Law Division Civilian Personnel Law (Discrimination Complaint Is Not Whistleblowing; Individual Right of Action; Last-Chance Agreement); Labor Law (Interview of Bargaining Udt Member for ULP Hearing; Appropriate Arrangements; Unfair Hearing in Expedited Arbitdon); Equal Employment Opportunity Law (Procedural Issues Under ADEA; Procedural Issues in Title W Litigation); Settlements and Attorneys' Fees (Authority to Settle; Settlement Agreements; Taxation of Settlements, Attorneyr' k.Entitlement and calculation, Memlationships of Different Fonrms) Criminal Law Division Nota.. ............................................................................................. 58 OTJAG Criminal Low Division Suprune Court-1990 Term, Port ........................................................................................ 58 Colonel Francis A. GiUigan and Lieutenant Colonel Stephen D:Smlth Victim-Witness Assistance ............................................................................................... 63 Major Warren G. Foote Regimental New0 From the Desk of the Sergeant Mnjor ..........i. -............ ............................................ 72 Sergeant Major Carlo Roquemore The SeEDevelopent Tat for Legal Noncommissioned Officers and Court Reporters Guard md Resene Affdn Items.. ......................................................................................... 74 Judge Advocate Guard and Reserve Affairs Department, TJAGSA Reserve Component Judge Advocate Survey; IDT Points: A Key for MAS to Enhanced Retirement Value CLE News ................................ ..........;....................... :............................................ 75 Current Material of Interest.. ............................................................................................. 76 The Army Lawyer (ISSN 0364-1287) Editor Captain Daniel P. Shaver The Army krwyer is published monthly by The Judge Advocate The Army Luwyer erticles are indexed in the Index to Legal Oeneral'r School for the official use of Army lawyers in the Periodicalr, the Current Law Index, the Legal Resources Index, and the performance of their legal responsibilities. The opinions expressed by Index to U.S. Government Perfodicak. the authors in the uticles, however, do not necessarily reflect the view Individual paid subscriptions are available through the of The Judge Advocate Oeneral or the Department of the Army. ' Superintendent of Documents, U.S. Oovernment Printing Office, Masculine or feminine proslouns appearing in this pamphlet refer to Washington, D.C. 20402. both genders unless the context indi&s another use. Address changes: Reserve Unit Members: Provide changes to your The Army Werwelcomes uticles on topies of interest to military unit for SIDPERS-USAR euq. fRR, IMA, or AQR: Provide changes lawyers. Articles should be typed double-spaced md submitted to: to personnel manager at ARPERCEN. Nottonal Quard and Active Editor, ?kArmy Lowyer, The Judge Advocate Cknual's School. U.S. Duty:'Provide changes to the Editor, The Army Lawyer, TJAOSA, Army, Charlottesville. Virginia 22903-1781. Footnotes, if included, CharlottesviUe. VA 22M3-1781. should be typed double-spaced on a sepmte sheet. Articles also should be submitted on floppy disks, md should be in either Enable, Issues may be cited as The Army Lawyer, [date], at [page number]. WordPerfect. Multimate, DCA RFT, or ASCII format. Articles should j Second-class postage paid at Charlottesville. VA and additional follow A Un!form System of Citation (14th ed. 1986) and Military mailing offices. POSTMASTER: Send address changes to The Judge Cltarlon (TJAOSA. July 1988). Manuscripts will be ntumed only upon Advocate Cteneral's School, U.S. Army, Attn: JAOS-DDL, specific request. No compensation Mbe paid for uticles. Charlotksville. VA 22903-1781. Address to the JAG Regimental Workshop Major General John L Fugh Acting The Judge Advocate General , r' Introduction told me that they expect the Corps to bounce back quickly. The Regimental Workshop, held at The Judge Advo­ cate General's School in Charlottesville, Virginia, from 22 to 26 April 1991, provided our leadership with an Judge Advocde Leadership important opportunity to meet and to discuss the direction One factor in bouncing back, however, is getting the of the Corps. The Workshop was especially significant Judge Advocate General's Corps' leadership in place. As because it marked the first time the senior members of most of you know, all four of the selectees from the Sep­ the JAG family-both active and Reserve-assembled tember 1990 JAG Brigadier General Board have been together since the Corps went through, and emerged confirmed and promoted. Reserve component promotions from,the problems that led to the reports by the Depart­ also are picking up. Brigadier General Compere was pro­ ment of Defense @OD) Inspector General and the senate moted effective 29 April 1991, and Colonel Morrison's Armed Services Committee. nomination is pending before the Senate Armed Services Committee. We expect him to be promoted to Brigadier I had copies of the Senate Armed Services Commit­ General in July or August. In addition, the President tee's &port circulated throughout the Corps. Without a has doubt, judge advocates everywhere have discussed its submitted my nomination as The Judge Advocate General contents. My purpose, however, is not to rehash those to the Senate. I subsequently went to Capitol Hill for an discussions. Rather, instead of dwelling on the past, my interview on 17 April, and expect to be confirmed in the desire is to use the lessons we have learned to focus on near future. Finally, an advisory board will convene in early June to select a nominke for The Assistant Judge the future of the Corps. Accordingly, I intend to tell you where we are and where we are going. Advocate General and, if necessary,
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