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The Army Lawyer (ISSN 0364-1287)

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The Army Lawyer (ISSN 0364-1287) Department of the Army Pamphlet 27-50-289 December 1996 Table of Contents Articles Using the Status of Forces Agreement to Incarcente United States Service Members on Behalf of Japan ..................................................................... 3 Major William K. Lielzau Business Entertainment Expense Deductions by Service Members ................................................................................................................................... 13 Cr,bnek Malcolm H.Squires, JK and Lieutenanr Colonel Lindn K. Websier TJAGSA Practice Notes ........................................................................................................................................................ 20 Faculty, The Judge Advocate General's School Legal Assistance Items .......... ......................................................................................................................................................................................... 20 Fiunily Law Note (National Defense Authorization Act for Fiscal Year 1997 Affects Aspects of Uniformed Services Former Spouses' Protection Act); Consumer Law Note (The Fair Debt Collection Practices Act Can Still Help with Government Contracted Debt Collec- ton); Tu Note (Importance of Using IRS Forms); Vetenns' Reemployment Rights Note (Employers Cmnot Require Reservists to Use Vacation Time and Pay for Military Duty) I Notes from the Field .................................................................................................. .,,. ....................................................... .24 Mr. William D. Kimball New Developmenrs in the Whistleblower Protection Act: Some Relief for Federal Managers ........................................................................................ 24 I USALSA Report .................................................................................................................................................................... 27 United Stares Amy Lrgal Services Agency Envimnmenral Law Division Notes ............................................................... ................................................................................................................ 27 New NEPA Guide for Acquisition Programs; Discriminatory Fees Under the Clean Air Act (CAA); 1997 Authorization Act and BRAC; Migratory Bird fmty Act; New Cooperative Agreement Authority IO Manage Cultural Resources: IncreasinglyAggressk Enforcement Climate Expected; Lead in Miniblinds Litigation Division Note ................. .................................................. ................................................................................................................ 31 "IDECLARE .. ." (How to Write a Good Dedaration) Flaims Report ........................................................................................................................................................................ 34 r'. I United Srutes Arm Tort Chi& Note (Exclusion of Government Drivers from Private Insurance Coverage); Afirmative Clims Notes (Medical Payments I' :i , Coverage and IO U.S.C. Q 1095. Lost Wages Under the Federal Medical Care Recovery Act); Personnel Claims Note (Checking Items off I the Inventory) , I I Guard and Reserve Affairs Items ......................................................................................................................................... 41 Guard and Reserve Afluin Division, OTJAG The Judge Advocate Generd's Reserve Component (On-Site) Continuing Legal Education Program; 1996- I997 Academic Year On-Site CLE Training; GRA On-Line!; The Judge Advocate General's School Reserve Component (On-Site) Continuing Legal Education Train- ing Schedule, 1996-1997 Academic Year '. CLE News ............................................................................................................................................................................... 44 Current Materials of Interest ..................................................................................-........................................................... The Army Luwyer Index for 1996 ......................................................................................................................................... 57 c* LY Author Index ........................................... .......................................................................................................................................................... 51 Subject Index ............................... ...................................................................... .......................................................................... Index of Legal Assistance Items ............................... ..................................................... ......................................... 59 Individual Paid Subscriptions to The Army Lmvyer ..................................................................................... Inside Back Cover The Army Lawyer (ISSN 0364-1287) ,I Editor, Captain Albert R. Veldhuyzen Editorial Assistant, Charles J. Strong 1, I The Army Lawyr is published monthly by the JudgeAdvocate General's . The Army Lawyer articles are indexed in the Index to kgal Periodi- School for the official use of Army lawyers in the performance of their cals. the Current Law Indur, the Legal Resounes Inder, and the Index to legal responsibilities. The opinions expressed by the authors in the articles, US.Governmeni Periodicals. however do not necessarily reflect the view of The Judge Advocate Gen- eral or the Department of the Army. Masculine or feminine pronouns ap- Address changes for offiial channels distribution: Provide changes pearing in this pamphlet refer to both genders unless the context indicates to the Editor, 7IeArmy Lawyer. TJAGSA. 600 Massie Road, Charlottesville. another use. VA 22903-1781, telephone 1-800-552-3978, ext. 396 or e-mail: strongc [email protected]. The Army hyer welcomes articles on topics of interest to lawyers. Articles should be submitted on floppy disks to: Editor, The Army Issues may be cited as ARMYLAW., [date], at [page number]. , ~ Lawyer, The Judge Advocate General's School, U.S. Army Charlottesville. Virginia 22903-1781. Footnotes should be typed double-spaced on a sepa- Periodicals postage paid at Charlottesville, VA and additional mailing rate sheet. Articles should be double-spaced, in Courier New IO point font, offices. POSTMASTER: Send any address changes to The Judge Advo- and Microsoft Word format. Other acceptable, though discouraged for- cate General's School, U.S. Army, Attn: JAGS-DDL, Chadottesville. VA mats, include: Wordperfect, Enable, Multirnate, DCA RFT, and ASCII. 22903- 178 1. - Articles should follow A Uniform Systempf Citation (16th ed. 1996) and 7 -. Milirary Citation (TJAGSA. July 1992). Manuscripts will be returned only "' upon specific request, No compensation can be paid for articles. Using the Status of Forces Agreement to Incarcerate United States Service Members on Behalf of Japan F4 Major William K. Lietzau 1 United States Marine Corps Chief;’Law of Armed Conflict Branch Ofice of the Judge Advocate General Depalfment of the Navy Introduction ment due process guarantees of the United States Constitution and the regulatory requirements of the Manual for Courts-Mar- On 29 September 1995, the United States Armed Forces in rial (Manuof).“ Okinawa, Japan relinquished custody of three American service members to the local police to face charges of premeditated kid- This article analyzes current United States practice regarding napping and rape of a twelve-year-old Japanese girl. For twenty- the handling of service members accused of crimes in Japan, five days prior to this, the American service members, one sailor challenges the authority of United States commanders to con- and two Marines, had been confined in Camp Hansen’s brig by fine service members pursuant to the SOFA, and recommends a order of their commanding officer.’ They received no probable revision of United States policy in the area. cause hearing, no counsel, and no other due process normally accorded persons ordered into pretrial confinement by the mili- The facts mentioned above led many to call for a renegotia- tary? tion of the SOFA with Japan. However, the primary concern of pundits ironically had nothing to do with the rights of military As authority for this incarceration, the commander relied on members? Instead, the public outcry was premised on a grow- the custody provisions of the Status of ForcesAgreement (SOFA) ing belief among the Japanese that United States service mem- between the United States and Japan.3 The various services have bers accused of crimes received preferential treatment under the interpreted these custody provisions to void the pretrial confine- SOFA.6 Okinawan authorities were incensed that the United ’ Edward Desmond. Rope ujan Innocent. Dishonor in rhe Ranks, TIME,Oct. 2, 1995. at 51; Mary Jordan & Kevin Sullivan. Americans Choqed wilh Rape Turned over to Police. WASH.POST, Sept. 30. 1995. at A24. ’ Desmond. supra note I;Telephone Interview with Lieutenant Colonel Joseph Poirier. United States Marine Corps, Station Judge Advocate. Marine Corps Air Station. Iwakuni, Japan (Mar. 11, 1995). ’ Agreement Under Article VI of the Treaty of Mutual Cooperation and Security Between the United States of America and Japan Regarding Facilities and Areas and the Status of United States Armed Forces in Japan with Agreed Minutes, Jan. 19. 1960. U.S.-Japan.
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