Volume 224 Issue 4 2016 ACADEMIC JOURNAL 27-100-224-4 MILITARY LAW REVIEW ARTICLES UCLEAR EAPONS ARGETING HE VOLUTION OF AW AND OLICY N W T : T E L U.S. P MILITARY LAW REVIEW LAW MILITARY Lieutenant Colonel Theodore T. Richard REDEFINING THE NARRATIVE: WHY CHANGES TO MILITARY RULE OF EVIDENCE 513 REQUIRE THE COURTS TO TREAT THE PSYCHOTHERAPIST-PATIENT PRIVILEGE AS NEARLY ABSOLUTE Major Angel M. Overgaard GENDER ADVISORS IN NATO: SHOULD THE U.S. MILITARY FOLLOW SUIT? Lieutenant Colonel Keirsten H. Kennedy WHY “GREEN DREAMS” SHOULD NOT COME TRUE: KEEPING BOARDS OF CONTRACT AP- PEALS OFF THE SCALES OF JUSTICE Major Elinor J. Kim CONDUCTING UNCONVENTIONAL WARFARE IN COMPLIANCE WITH THE LAW OF ARMED CONFLICT Major Jim Sleesman BAD PAPER: REFORMING THE ARMY REPRIMAND PROCESS VOLUME 224 • 2016 Captain Mark E. Bojan Academic Journal 27-100-224-4 Military Law Review Volume 224 Issue 4 2016 CONTENTS Articles Nuclear Weapons Targeting: The Evolution of Law and U.S. Policy Lieutenant Colonel Theodore T. Richard 862 Redefining the Narrative: Why Changes to Military Rule of Evidence 513 Require Courts to Treat the Psychotherapist-Patient Privilege as Nearly Absolute Major Angel M. Overgaard 979 Gender Advisors in NATO: Should the U.S. Military Follow Suit? Lieutenant Colonel Keirsten H. Kennedy 1052 Why “Green Dreams” Should Not Come True: Keeping Boards of Contract Appeals off the Scales of Justice Major Elinor J. Kim 1073 Conducting Unconventional Warfare in Compliance with the Law of Armed Conflict Major Jim Sleesman 1101 Bad Paper: Reforming the Army Reprimand Process Captain Mark E. Bojan 1150 i Headquarters, Department of the Army, Washington, D.C. Academic Journal No. 27-100-224-4, 2016 Military Law Review Volume 224 Issue 4 Board of Editors Colonel Randall Bagwell Dean, The Judge Advocate General’s School Lieutenant Colonel May Nicholson Chair, Administrative and Civil Law Department Major Laura O’Donnell Director, Professional Communications Program Mr. Sean Lyons Legal Editor Mr. Benjamin Spencer Contributing Editor Captain Vanessa R. Asmus Editor Since its inception in 1958 at The Judge Advocate General’s School, U.S. Army, in Charlottesville, Virginia, the Military Law Review has encouraged a full and frank discussion of legislative, administrative, and judicial principles through a scholarly examination of the law and emerging legal precepts. In support of that mission, the Military Law Review publishes scholarly articles that are relevant to, and materially advance, the practice of law within the military. The Military Law Review does not promulgate official policy. 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If Japan does not surrender, bombs will have to be dropped on her war industries and, unfortunately, thousands of civilian lives will be lost. I urge Japanese civilians to leave industrial cities immediately, and save themselves from destruction.1 I. Introduction Hiroshima was not a military base, but a city in Japan, when it was struck with the first ever military atomic bomb strike at 8:15 A.M. on August 6, 1945. President Truman’s diary entry from July 25, 1945, recorded his recollection of a conversation that he had with Secretary of War Henry Stimson the previous day during which the President instructed Stimson to use the atomic bomb “so that military objectives and soldiers and sailors are the target and not women and children.”2 He also wrote Lieutenant Colonel Theodore Richard is a United States Air Force Judge Advocate and is currently serving as the Deputy Staff Judge Advocate at United States Strategic Command. The author thanks Professor Sean Watts, Dr. Jerome Martin and Dr. Daniel Harrington for their insights and guidance into law and history, respectively. The author 863 MILITARY LAW REVIEW [Vol. 224 that he and his Secretary of War were agreed that “[t]he target will be a purely military one.”3 Nothing else in the historical record appears to corroborate President Truman’s recollection of events. President Truman’s classification of the bombing as a purely military objective has caused