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Headquarters, Department of the Army Headquarters, Department of the Army Department of the Army Pamphlet 27-50-403 December 2006 Articles The History of Military Assistance for Domestic Natural Disasters: The Return to a Primary Role for the Department of Defense in the Twenty-First Century? Captain William A. Osborne Military Pension Division: The “Evil Twins”―Concurrent Retirement and Disability Pay (CRDP) and Combat Related Special Compensation (CRSC) Colonel (Ret.) Mark E. Sullivan & Major (Ret.) Sue Darnell, USAF Protecting Servicemembers from Illegal Pretrial Punishment: A Survey of Article 13, Uniform Code of Military Justice, Caselaw Timothy Riley USALSA Report U.S. Army Legal Services Agency Trial Judiciary Note A View from the Bench: Aggravation Evidence—Adding Flesh to the Bones of a Sentencing Case Lieutenant Colonel Edye U. Moran TJAGLCS Practice Notes Tax Law Note Update for 2006 Federal Income Tax Returns CLE News Current Materials of Interest The Army Lawyer Index for 2006 Editor, Major Anita J. Fitch Assistant Editor, Captain Colette E. Kitchel Technical Editor, Charles J. Strong The Army Lawyer (ISSN 0364-1287, USPS 490-330) is published monthly Lawyer welcomes articles from all military and civilian authors on topics of by The Judge Advocate General’s Legal Center and School, Charlottesville, interest to military lawyers. Articles should be submitted via electronic Virginia, for the official use of Army lawyers in the performance of their mail to [email protected] or on 3 1/2” diskettes to: Editor, legal responsibilities. Individual paid subscriptions to The Army Lawyer are The Army Lawyer, The Judge Advocate General’s Legal Center and available for $45.00 each ($63.00 foreign) per year, periodical postage paid at School, U.S. Army, 600 Massie Road, ATTN: ALCS-ADA-P, Charlottesville, Virginia, and additional mailing offices (see subscription form Charlottesville, Virginia 22903-1781. Articles should follow The on the inside back cover). POSTMASTER: Send any address changes to The Bluebook, A Uniform System of Citation (18th ed. 2005) and Military Judge Advocate General’s Legal Center and School, 600 Massie Road, Citation (TJAGLCS, 11th ed. 2006). Manuscripts will be returned on ATTN: ALCS-ADA-P, Charlottesville, Virginia 22903-1781. The opinions specific request. No compensation can be paid for articles. expressed by the authors in the articles do not necessarily reflect the view of The Judge Advocate General or the Department of the Army. Masculine or The Army Lawyer articles are indexed in the Index to Legal Periodicals, feminine pronouns appearing in this pamphlet refer to both genders unless the the Current Law Index, the Legal Resources Index, and the Index to U.S. context indicates another use. Government Periodicals. The Army Lawyer is also available in the Judge Advocate General’s Corps electronic reference library and can be accessed The Editor and Assistant Editor thank the Adjunct Editors for their on the World Wide Web by registered users at invaluable assistance. The Board of Adjunct Editors consists of highly http://www.jagcnet.army.mil/ArmyLawyer. qualified Reserve officers selected for their demonstrated academic excellence and legal research and writing skills. Prospective candidates Address changes for official channels distribution: Provide changes to may send Microsoft Word versions of their resumes, detailing relevant the Editor, The Army Lawyer, The Judge Advocate General’s Legal Center experience, to the Technical Editor at [email protected] and School, 600 Massie Road, ATTN: ALCS-ADA-P, Charlottesville, Virginia 22903-1781, telephone 1-800-552-3978, ext. 396 or electronic The Editorial Board of the Military Law Review includes the Chair, mail to [email protected]. Administrative and Civil Law Department; and the Director, Professional Writing Program. The Editorial Board evaluates all material submitted for Issues may be cited as ARMY LAW., [date], at [page number]. publication, the decisions of which are subject to final approval by the Dean, The Judge Advocate General’s School, U.S. Army. The Army Articles The History of Military Assistance for Domestic Natural Disasters: The Return to a Primary Role for the Department of Defense in the Twenty-First Century? Captain William A. Osborne....................................................................................................................................1 Military Pension Division: The “Evil Twins”―Concurrent Retirement and Disability Pay (CRDP) and Combat Related Special Compensation (CRSC) Colonel (Ret.) Mark E. Sullivan & Major (Ret.) Sue Darnell, USAF.................................................................... 19 Protecting Servicemembers from Illegal Pretrial Punishment: A Survey of Article 13, Uniform Code of Military Justice, Caselaw Timothy Riley......................................................................................................................................................... 36 USALSA Report U.S. Army Legal Services Agency Trial Judiciary Note A View from the Bench: Aggravation Evidence—Adding Flesh to the Bones of a Sentencing Case Lieutenant Colonel Edye U. Moran ............................................................................................................................ 48 TJAGLCS Practice Notes Tax Law Note Update for 2006 Federal Income Tax Returns......................................................................................................... 51 CLE News .................................................................................................................................................................. 58 Current Materials of Interest ............................................................................................................................... 68 The Army Lawyer Index for 2006 ...............................................................................................................72 Author Index ..............................................................................................................................................72 Subject Index..............................................................................................................................................74 TJAGLCS Practice Notes Index ................................................................................................................76 Notes from the Field Index.........................................................................................................................76 CLAMO Reports/Notes Index ...................................................................................................................76 USALSA Report Index ..............................................................................................................................76 Book Review Index....................................................................................................................................76 Individual Paid Subscriptions to The Army Lawyer ............................................................ Inside Back Cover DECEMBER 2006 • THE ARMY LAWYER • DA PAM 27-50-403 i The History of Military Assistance for Domestic Natural Disasters: The Return to a Primary Role for the Department of Defense in the Twenty-First Century? Captain William A. Osborne∗ Introduction The primary responsibility of the U.S. military is to provide for the common defense of the United States.1 The traditional role of the military has been to fight wars and conduct combat missions.2 The Department of Defense (DOD) is responsible for providing a standing military needed to deter war and maintain the security of the nation.3 In furtherance of providing for the common defense and at the direction of Congress4 or the Commander-in-Chief,5 a properly trained and equipped military can act quickly and move massive amounts of personnel and equipment to a troubled area, as was the case in Operations Desert Shield and Desert Storm.6 It is not a surprise that the inherent military chain of command and the structure of functional specialized units within the military are ideal “for the kinds of tasks which emerge during natural disasters.”7 The media has increased public awareness of the military’s demonstrated “capability for rapid response,”8 which has led to a greater interest in a bigger role for the military in non-combat missions.9 One of the most visible recent non- combat roles of the military was the provision of disaster relief assistance in the aftermath of Hurricane Katrina.10 For the most part, the after-action reports and formal in-depth assessments, which measure and assess the military’s role in handling the Hurricane Katrina disaster relief effort, will be forthcoming over the next few years.11 It appears, however, that once again the military has not only demonstrated the capability to respond quickly to a natural disaster but also the ability to execute excellent consequence management.12 The history of U.S. natural disasters is rich with examples of military assistance.13 A continued support role for the military in domestic natural disaster relief missions seems to be certain. What remains unclear, however, is whether the military should play a lead role in federal domestic disaster relief for the twenty-first century. * Judge Advocate, U.S. Army Reserve (Active Guard Reserve). Presently assigned as Chief, Reserve Affairs, Office of the Staff Judge Advocate, Headquarters, U.S. Army Recruiting Command, Fort Knox,
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