The Armylawyer

THE ARMY LAWYER ARTICLES Once Bitten, Twice Shy: How the Department of Defense Should Finally End its Relationship with the Court of Federal Claims Second Bite of the Apple Bid Protests Major T. Aaron Finley, USAF Keep Your Commanders off the Fiscal Naughty List—How to Spot and Prevent Common Antideficiency Act Violations Major Russell R. Henry, USMC Construction Changes: A True Story of Money, Power, and Turmoil Major Nolan T. Koon Encourage Your Clients to Talk to Offerors: Understanding Federal Acquisition Regulation 15.306 Major Brendan J. Mayer September Grasshoppers: Why Federal Agencies Spend so Much at the End of the Fiscal Year Captain Charles Reiter, USMC TJAGLCS FEATURES Lore of the Corps From Infantry Officer to Judge Advocate General to Provost Marshal General and More: The Remarkable Career of Allen W. Gullion New Developments Contract and Fiscal Law Recent Developments in the Availability of Appropriated Funds for Disposable Cups, Plates, and Cutlery Major Dale McFeatters Historical Note The Curious Court-Martial of Daniel Boone Major Jonathan E. Fields Judge Advocate General’s Corps Bulletin 27-50-512 January 2016 Editor, Captain Cory T. Scarpella Contributing Editor, Major Laura A. O’Donnell The Army Lawyer (ISSN 0364-1287, USPS 490-330) is published monthly paragraph 1-36 of Army Regulation 25-50, Preparing and Managing by The Judge Advocate General’s Legal Center and School, Charlottesville, Correspondence, is extremely helpful. Good writing for The Army Lawyer Virginia, for the official use of Army lawyers in the performance of their legal is concise, organized, and right to the point. It favors short sentences over responsibilities. long and active voice over passive. The proper length of an article for The Army Lawyer is “long enough to get the information across to the reader, and The opinions expressed by the authors in the articles do not necessarily not one page longer.” reflect the view of the Department of Defense, the Department of the Army, The Judge Advocate General’s Corps (JAGC), The Judge Advocate General’s Other useful guidance may be found in Strunk and White, The Elements Legal Center and School, or any other governmental or non-governmental of Style, and the Texas Law Review, Manual on Usage & Style. Authors agency. Masculine or feminine pronouns appearing in this pamphlet refer to should follow The Bluebook: A Uniform System of Citation (20th ed. 2015) both genders unless the context indicates another use. and the Military Citation Guide (TJAGLCS, 20th ed. 2015). No compensation can be paid for articles. The Editorial Board of The Army Lawyer includes the Chair, Administrative and Civil Law Department, and the Director, Professional Communications The Army Lawyer may make necessary revisions or deletions without Program. The Editorial Board evaluates all material submitted for publication, prior permission of the author. An author is responsible for the accuracy of the decisions of which are subject to final approval by the Dean, The Judge the author’s work, including citations and footnotes. Advocate General’s School, U.S. Army. The Army Lawyer articles are indexed in the Index to Legal Periodicals, Unless expressly noted in an article, all articles are works of the U.S. the Current Law Index, the Legal Resources Index, and the Index to U.S. Government in which no copyright subsists. Where copyright is indicated in Government Periodicals. The Army Lawyer is also available in the Judge an article, all further rights are reserved to the article’s author. Advocate General’s Corps electronic reference library and can be accessed on the World Wide Web by registered users at http:// The Army Lawyer accepts articles that are useful and informative to Army www.jagcnet.army.mil/ArmyLawyer and at the Library of Congress website lawyers. This includes any subset of Army lawyers, from new legal assistance at http://www.loc.gov/rr/frd/MilitaryLaw/Army_Lawyer.html. attorneys to staff judge advocates and military judges. The Army Lawyer strives to cover topics that come up recurrently and are of interest to the Army JAGC. Articles may be cited as: [author’s name], [article title in italics], ARMY Prospective authors should search recent issues of The Army Lawyer to see if LAW., [date], at [first page of article], [pincite]. their topics have been covered recently. Authors should revise their own writing before submitting it for publication, to ensure both accuracy and readability. The style guidance in Lore of the Corps From Infantry Officer to Judge Advocate General to Provost Marshal General and More: The Remarkable Career of Allen W. Gullion .................................................................................. 1 Articles Once Bitten, Twice Shy: How the Department of Defense Should Finally End its Relationship with the Court of Federal Claims Second Bite of the Apple Bid Protests Major T. Aaron Finley, USAF .......................................................................................................... 6 Keep Your Commanders off the Fiscal Naughty List—How to Spot and Prevent Common Antideficiency Act Violations Major Russell R. Henry, USMC.......................................................................................................16 Construction Changes: A True Story of Money, Power, and Turmoil Major Nolan T. Koon ......................................................................................................................25 Encourage Your Clients to Talk to Offerors: Understanding Federal Acquisition Regulation 15.306 Major Brendan J. Mayer .................................................................................................................36 September Grasshoppers: Why Federal Agencies Spend so Much at the End of the Fiscal Year Captain Charles Reiter, USMC .......................................................................................................53 TJAGLCS Features Contract and Fiscal Law Recent Developments in the Availability of Appropriated Funds for Disposable Cups, Plates, and Cutlery Major Dale McFeatters ...................................................................................................................63 Historical Note The Curious Court-Martial of Daniel Boone Major Jonathan E. Fields ................................................................................................................65 JANUARY 2016 • THE ARMY LAWYER • JAG CORPS BULLETIN 27-50-512 Lore of the Corps From Infantry Officer to Judge Advocate General to Provost Marshal General and More: The Remarkable Career of Allen W. Gullion By Fred L. Borch Regimental Historian & Archivist* Allen W. Gullion was an extraordinary Soldier by any he saw combat in military operations against Filipino measure. He saw combat in the Philippines, served on the insurgents.4 border with Mexico, and joined the Judge Advocate General’s Department shortly before the United States entered World War I. After a number of significant assignments as a lawyer, he became The Judge Advocate General (TJAG) in 1937. When he retired from his position as TJAG on December 1, 1941, Major General Gullion assumed full-time duties as the Army’s Provost Marshal General—a position that had not existed since World War I. He subsequently supervised the handling of all Axis prisoners of war, both in the United States and overseas. He also was the chief architect of the Army’s framework for the post-World War II occupation of Austria, Germany, Japan, and Korea. In early 1944, Major General Gullion accepted an invitation from General Dwight D. Eisenhower to join his staff as the Chief, Displaced Persons Branch. In this unique job, Major General Gullion oversaw Allied efforts involving the repatriation of millions of refugees and other civilians displaced by the chaos of World War II. With basic plans for this project completed, Gullion retired in December 1944. He died eighteen months later, in June 1946. What follows is the story of his remarkable career—unique in the history of the U.S. Army and The Judge Advocate General’s Corps. Born in New Castle, Kentucky, on December 14, 1880, Allen Wyant Gullion graduated with a Bachelor of Arts from Centre College, Danville, Kentucky, in 1901. As a student, Major General Allen W. Gullion, The Judge Advocate General, he excelled in the subjects of Greek, Latin, and oratory (he U.S. Army, 1937 won the school’s prize in oratory),1 but decided to pursue a After returning to the United States in 1908, Gullion was career as an Army officer. Consequently, he obtained an assigned to Fort Thomas, Kentucky.5 In 1911, he was appointment to the U.S. Military Academy at West Point, and promoted to first lieutenant and transferred to the 20th U.S. after graduating in 1905, he was commissioned as a second Infantry Regiment.6 Gullion was then detailed as a Professor lieutenant (2LT) in the Infantry branch.2 of Military Science and Tactics at the University of Kentucky, and during his two-year assignment, he attended law school After service with the 2nd U.S. Infantry Regiment at Fort 7 Logan, Colorado, 2LT Gullion sailed to the Philippines in earning a Bachelor of Law degree in 1914. 1906.3 He served two years in the Philippine Islands, where When National Guard units were sent to the Mexican border in 1916, Gullion accepted a commission as a colonel in the 2nd Kentucky Infantry.8 He served on the border until * The author thanks General Thomas S. Moorman Jr., U.S. Air Force, 4 Id. Retired, for his help in preparing this Lore of the Corps. General Moorman

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