4r 6 i Headquarters, Department of the Army i Department of the Army Pamphlet 27-50-161 1 May 1986 Table of Contents TJAG policy Letter 862-Physical Fltness and Appearance TJAG poky Letter 8SReIations With News Media 3 TJAG Policy Letter 86-4-hcticing Professional Responsfbility 4 TJAG Policy Letter 864-TJAG Policy Letters 5 TJAG policy Letter 8-Recruiting Legd Specialists and Cow 6 Reporters for the Reserve Components neReedom of Information Act and the Commercial Activities Ro- 8 JAW Regimental Activation 9 Claims Information Masagement 16 USACSA Report 17 TJAGSA Practice Notes 19 Claims Service Note 56 Guard and Reserve Mdrs Item 66 CLE News 66 Current Material of Interest 66 68 The Army Lawyer (ISSN 0364-1287) Editor Captain David R. Getz , The Army Lawyer is published monthly by The Judge Advocate Gener­ al's School for the official use of Army lawyers in the performance of their regal responsibilities.The opinions expressed by the authors in the articles, however, do not necessarily reflect the view of The Judge Advocate her­ d or the Department of the Army. Masculine or feminine pronouns appearing in this pamphlet refer to both genders unless the cantext indi­ cates another use. The Army Luwyer welcomes articles on topics of interest to military law­ yers. Articles should be typed doubled spaced and submitted to: Editor, The Army Lawyer, The Judge Advocate General's School, US.Amy, Charlottesville, Virginia 22903-1781. Footnotes, if included, should be typed double-spaced on a separate sheet. Articles should follow A Ungom System of Citation (13th ed. 1981) and the Uniform System of Military Ci­ tation (TJAGSA, Oct. 1984). Manuscripts will be returned only upon specltic request. No compensation can be paid for articles. The Army Lawyer articles are indexed in the Index to Legal Periodicals Individual paid subscriptions are available through the Superintendent of Documents. U.S. Government Printing Otiice, Washington, D.C. 20402. Issues may be cited as The Army Lawyer, [date], at [page number]. Second-class postage paid at Charlottesville, VA and additional mailing offices. POSTMASTER:Send address changes to The Judge Advocate General's School, U.S. Army, Attn: JAGS-DDL, Charlottesville, VA 2290N78 1. By.Order of the Secretary of the Army: JOHN A. WICKHAM, Jr. General, United States Army Chief of Staff Official: R. L. DILWORTH ,Brigadier General, United States Army The Adjutant General .. Distribution. Special. ' 2 MAY 1986 THE ARMY LAWYER DA PAM 27-50-161 DEPARTMENTOF THE ARMY .OFFICE OF TME'JUDGE ADVOCATE GENERAL WASWtNCTOd. DC 20310-2200 2 12 MAR 1986 ATTENTION OF I DAJA -Z X SUBJECT: Physical Fitness and Appearance - Policy Letter 86-2 STAFF AND COMMAND JUDGE ADVOCATES 1. My goal is for all members of the Judge Advocate General's Corps to con­ tinue tb set the standard of excellence in the areas of physical fitness and . To this end, I encourage you to-- ' t i a. Be familiar with AR 356-15, AR 600-9, and AR 40-501. b. Set the example personally, in your c. Emphasize in discussions with your personnel the importance of physical . fitness and appearance. 1 .. \ d. Develop morale-enhancing programs which emphasize, as much as possible, ' group physical training rather than individual programs. e. Emphasize proper technique in performing exercises. ', f. Ensure that your officers and enlisted soldiers have a recent picture in their personnel files showing sharp appearance, not marred by overweight, ill-fitting uniforms, ragged mustaches and haircuts, and the like. g. Ensure that your personnel understand that physical fitness and compli­ ance with weight control. standards are considered I in selection and assignment decisions. h. Ensure that personnel with physical limitations consult a physician and 3 participate in a program compatible with those limitations. 2. Report through technical channels to the Executive, OTJAG, the names of indiwiduals who (a) fail to take or -pass the Army Physical Fitness Test or (b) fail to meet weight stahdards. Include .in your report, as appropriate, a medi­ cal profile and a description of the remedial program. x " 1. HUGHw- R. OVERHOLT Major General , USA ~ The Judge Advocate General MAY 1886 THE ARMY LAWYER DA PAM 27-50-161 3 DEPARTMENT OF THE ARMY OFFICE OF THE JUDGE ADVOCATE GENERAL WASHINGTON. DC 20310-2200 / RLPCY TO . ATTENTION OF I? MAR 1966 DAJA-CL Subject: Relations With News Media - Policy Le ~1 1 , ' 1 STAFF AND COMMAND JUDGE ADVOCATES . I * 1. Army policy on release of information to th ews media requires Periodic emphasis. Through full coordination, I am confident that we can.provide accurate information, minimize risks to an individual's trial rights, and best serve the public's "right to know." To meet these objectives, all judge advocates should have working knowledge of-­ a. Army policies on release of'inforrnation (AR 360­ i b. Ethical considerations regarding trial publicity sional Responsibility, DR 7-107 and EC 7-33). 2. Normally, the publi'c affairs office ( news media inquiries. You should-­ a. Establish local procedures 'with your PA0 ia inquiries concerning lega.1 matters. I , b. Ensure that PAOs look to you personally as.the source of information concerning legal matters. c. Ensure that individual counsel are not placed in the position of speaking for the command, or explaining the results of a case. 3. Generally, no member of your office should, without your approval, prepare a written statement for publication or permit himself or herself to be quoted by the media on official matters within the purview of your office. 4. Personnel assigned to U.S. Army Trial fense Servjce Wi.11 handle re­ sponses to news media in accordance w4th'the USATDS anding operatin¶ procedure. HUGH R. OVERHOLT Major General, USA The Judge Advocate General 4 MAY 1986 THE ARMY LAWYER DA PAM627-50-161 DEPARTMENTOFTHEARMY OFFICE OF THE JUDGE ADVOCATE GENERAL WAS ON. DC 20310-2200 1 ,'/ REPLY TO i ATTENTION OF 17 b!hR 1986 DAJA -C L SUBJECT: Practicing Professional Responsibility - Pol icy Letter 86-4 STAFF AND COMMAND JUDGE ADVOCATES 1. Our practice should reflect continuous comnitment to the highest standards of professional responsibility. I 2. Ethical conduct requires more than basic integrity, It requires complete familiarity with published professional responsibility standards and an aware­ ness of ,potential ethical iisues before they become problems. 3. To ensure that professional responsibility receives the attention it de­ serves, you should-­ a. Personally emphasize the importance of professional responsibility within your office. b. Provide practice-oriented classes on professional responsibility de­ signed specifically for,less experienced judge advocates; include Trial Defense Service and Trial Judiciary personnel and address ethical issues most appl ica­ ble to your setting. c. Establish procedures to make reserve judge advocates aware of the potential conflicts of interest which may arise during active duty. d. Provide a means by which experienced judge advocates share their pro­ fessional responsibility knowledge with less experienced judge advocates in your off ice. e. Inform your judge advocates of procedures in Army Regulation 27-1 for reporting a1legations of professional misconduct. HUGH%- R. OVERHOLT Major General, USA The Judge Advocate General MAY 1986 THE ARMY LAWYER DA PAM 27-50-161 DEPARTMENT OF THE ARMY " O'FFICE OF THE JUDGE ADVOCATE GENERAL WASHINGTON. DC 20310.2200 / ATTENTION OF DAJA-Z X 8 APR 1986 SUBJECT: TJAG Pol'icy Letters - Policy Letter 86-6 STAFF AND COMMAND JUDGE ADVOCATES 1. Policy letters are serially numbered and issued on subjects of importance to the Corps and the way we transact our business. In addition to individual l distribution, each policy letter will be published in The Army Lawyer. Staff and corrrnand judge advocates are encouraged to retain a desk copy of the policy letters as the subjects will frequently be a matter of interest during Article 6 inspections. 2. The enclosure lists policies in effect. We review policy letters each year and announce changes at the Worldwide JAG Conference. Should you believe that a policy has outlived its usefulness, please let me know.1 Encl HUGH R, OVERHOLT Major General,.USA The Judge Advocate General MAY 1986 THE ARMY LAWYER DA PAM 27-50-161 ’ TJAG POLICY LETTERS NUMBER SUBJECT -1 1 -- 84-1 Reserve Component Legal Assistance 85-2 Administrative Support for Trial Judges 85-3 The Labor Counselor Program 85-4 JAGC Automat ion 85-5 Terrorist Threat Training 85-6 Intelligence Law 85-7 Appointment of Environmental Law Specialists I 85-8 Supporting Reserve Component Comnanders in UCMJ Action I 85-9 Army Legal Assistance Program 85- 10 Amy Preventive Law Program 85-11 Legal Assistance Representation of Both Spouses 86-1 Trial Counsel Assistance Program (TCAP) 86-2 Physical Fitness and Appearance 86-3 Relations With News Media 86-4 Practicing Professional Responsibility 86-5 Recruiting Legal Specialists and Court Reporters for the Reserve ComDonents 86-6 TJAG POI icy-Letters 1 .. , .. Enclosure v~ MAY 1986 THE ARMY LAWYER DA PAM 2760-161 7 DEPARTMENT OF THE ARMY OkFlCE QF THE JUDGE ADVOCATE GENERAL WASHINGTON, DC 20310.2200 I / ', ATTENTION OF DAJA-SM SUBJECT: Recruiting Leqal ,Specialists and Court Reporters for the Reserve'Com­ nts - Policy't6tter 86-51 !, I STAFF AND COMMAND JUDGE,,ADVOCATES I ? i' L I*, 1. We Gust; con't'inue to make a prioriti concern out uiting experienced legal specialists and court reporters for the Reserve Components. As a mini­ mum, you should-­ a. Identify legal specialists and court reporters within your jurisdiction who are terminating active duty. b. Discuss reserve opportunities with them. , c. Forward, with the individual's permission, the following information to the OTJAG Senior Staff NCO, HQDA(0AJA-SM), WASH DC 20310-2203: Namelrank, MOS, height, weight, last EER score, and home address.