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*FM 1-04
Field Manual
Headquarters
Department of the Army
No. 1-04
Washington, DC, 18 March 2013
Legal Support to the Operational Army
Contents
Page
PREFACE
iv
INTRODUCTION
v
Chapter 1
LEGAL SUPPORT TO OPERATIONS: AN OVERVIEW
1-1
The Judge Advocate General’s Corps Mission
1-1
Legal Issues in Operations
1-1
The Evolution of Operational Law
1-1
The Judge Advocate’s Role
1-2
The Legal Administrator’s Role
1-2
The Paralegal Soldier’s Role
1-3
The Civilian Attorney’s Role
1-3
Chapter 2
FUNDAMENTAL CONCEPTS OF ARMY DOCTRINE
2-1
Army Doctrine Fundamental Concepts
2-1
Decisive Action and Unified Land Operations
2-1
The Warfighting Functions
2-3
The Operations Process
2-6
Chapter 3
REQUIREMENTS IN THE MODULAR FORCE
3-1
Transformation
3-1
Brigade Combat Teams
3-1
The Division
3-2
The Corps
3-2
Theater Sustainment Command
3-3
Theater Army
3-3
The Judge Advocate General’s Corps Materiel Requirements
3-4
Chapter 4
ROLES, RESPONSIBILITIES, AND WORKING RELATIONSHIPS
4-1
Working Relationships and Professional Responsibility Considerations
4-1
Brigade Legal Section
4-1
The Office of the Staff Judge Advocate
4-4
The Office of the Staff Judge Advocate-Brigade Legal Section Relationship ...
4-8
U.S. Army Trial Defense Service
4-9
Distribution Restriction: Approved for public release; distribution is unlimited.
*This publication supersedes FM 1-04, dated 26 January 2012.
i
Contents
The Office of the Staff Judge Advocate-U.S. Army Trial Defense Service
Relationship
4-10
Centers
4-10
Chapter 5
THE CORE LEGAL DISCIPLINES
5-1
Military Justice
5-1
International and Operational Law
5-3
Administrative and Civil Law
5-5
Contract and Fiscal Law
5-7
Claims
5-8
Legal Assistance
5-10
Chapter 6
PLANNING
6-1
The Judge Advocate General’s Corps Support to Planning
6-1
The Planning Process
6-1
Design
6-2
The Military Decisionmaking Process
6-2
Chapter 7
RULES OF ENGAGEMENT, RULES FOR THE USE OF FORCE, AND
TARGETING
7-1
Overview
7-1
Standing Rules of Engagement
7-1
Rules of Engagement Development
7-2
Rules of Engagement Drafting Considerations
7-2
Operation-Specific Versus Standing Rules of Engagement
7-3
Specific Rules of Engagement Provisions
7-3
Interpret-Draft-Disseminate-Train Methodology
7-4
Standing Rules for the Use of Force
7-7
Targeting
7-7
Chapter 8
DETAINEE OPERATIONS
8-1
Introduction
8-1
The Judge Advocate’s Role in Detainee Operations
8-1
The Geneva Conventions
8-3
Detainee Categories
8-3
Detainee Treatment Act of 2005
8-4
Chapter 9
STABILITY OPERATIONS
9-1
Overview
9-1
Roles of Judge Advocate General’s Corps Personnel
9-2
Legal Considerations
9-4
Chapter 10
RULE OF LAW
10-1
Rule of Law Activities
10-1
Considerations in Rule of Law Activities
10-3
Personnel Augmentation
10-5
Chapter 11
CIVIL AFFAIRS UNITS
11-1
Overview
11-1
Duties and Responsibilities
11-1
Civil Affairs Operations
11-2
ii
FM 1-04
18 March 2013
Figures
Chapter 12
DEFENSE SUPPORT OF CIVIL AUTHORITIES OPERATIONS
12-1
Overview
12-1
Authority of a State Governor
12-1
Authorities for Federal Military Support
12-1
The Posse Comitatus Act
12-3
Rules for the Use of Force
12-4
Intelligence Oversight
12-5
Judge Advocate Responsibilities
12-6
Chapter 13
FINANCIAL MANAGEMENT AND DEPLOYMENT CONTRACTING
13-1
Overview
13-1
Fiscal Triad
13-1
Deployment Contracting
13-2
Chapter 14
SPECIAL OPERATIONS FORCES
14-1
Overview
14-1
Core Tasks of Special Operations Forces
14-1
Types of Special Operations Forces
14-2
Considerations of Special Operations Forces
14-3
Chapter 15
SECURITY FORCE ASSISTANCE
15-1
Overview
15-1
Security Force Assistance Concerns
15-1
Appendix A
ARMY RESERVE LEGAL STRUCTURE AND ORGANIZATION
A-1
Appendix B
NATIONAL GUARD LEGAL STRUCTURE AND ORGANIZATION
B-1
Appendix C
LESSONS LEARNED
C-1
GLOSSARY
Glossary-1
REFERENCES
References-1
INDEX
Index-1
Figures
Figure 2-1. Decisive action
2-2
Figure 2-2. Mission command and the operations process
2-7
Figure 7-1. A sample targeting decision model
7-8
Figure 13-1. Fiscal triad
13-1
Figure C-1. Sample lessons learned
C-2
18 March 2013
FM 1-04
iii
Preface
FM 1-04, Legal Support to the Operational Army, is the Army’s manual for operational legal doctrine. This
manual provides authoritative doctrine and practical guidance for commanders, judge advocates, legal
administrators, and paralegal Soldiers across the spectrum of conflict. It outlines how The Judge Advocate
General’s Corps (JAGC) will be organized in accordance with the Army’s modular force design. It also
discusses the delivery of legal support to the modular force.
This manual does not address the law of armed conflict, The Hague Conventions, or the Geneva Conventions in
detail. For a more comprehensive treatment of those areas, refer to FM 27-10, The Law of Land Warfare.
FM 1-04 applies to the Active Army, the Army National Guard/Army National Guard of the United States, and
U.S. Army Reserve unless otherwise stated.
The proponent for this publication is the Future Concepts Directorate, The Judge Advocate General’s Legal
Center and School (TJAGLCS), U.S. Army. Send written comments and recommendations on DA Form 2028
(Recommended Changes to Publications and Blank Forms) directly to Commander, The Judge Advocate
General’s Legal Center and School, U.S. Army, ATTN: CTR-FC, 600 Massie Road, Charlottesville, VA 22903-
1781. Send comments and recommendations by e-mail to usarmy.pentagon.hqda-tjaglcs.list.tjaglcs-
doctrine@mail.mil. Follow the DA Form 2028 format or submit an electronic DA Form 2028.
iv
FM 1-04
18 March 2013
Introduction
This manual establishes a foundation for Judge Advocate General’s Corps (JAGC) personnel to build upon to
provide principled counsel and mission focused legal support to the operational Army. It establishes an
understanding of the roles and responsibilities that JAGC personnel have both between different legal offices at
different levels of command and between the legal section and the staff of the supported command; all in
support of the commander and the Army.
The purpose of this manual is to assist commanders and judge advocates in assigning roles and responsibilities
for legal support in the unique areas of operations encountered in this era of persistent conflict. This manual is
not intended to provide detailed guidance on every situation that judge advocates will encounter in a deployed
environment whether overseas or within the United States. That is not the goal. Just as Army leaders and forces
must respond to a broad range of threats under conditions of uncertainty by exercising operational adaptability
to accomplish missions, so too must judge advocates.
Operational adaptability requires judge advocates, legal administrators, and paralegal specialists to understand
the situation in width, depth, and context, and then to assist the command by providing sound legal advice and
support across the core legal disciplines. Every operation is different, and each one requires its own unique legal
support. As such, commanders and judge advocates will have to work together to task-organize legal support for
operations in a way that makes sense and helps accomplish the mission.
This edition of FM 1-04 provides doctrine on legal support across the range of operations and the provision of
legal support in specific types or aspects of operations. The appendixes describe newly created legal structure in
the Army’s Reserve Component and the format to capture lessons learned.
Chapter 1 provides an overview of legal support to operations. This chapter discusses the evolution of
operational law and introduces the various roles that JAGC Soldiers perform in support of operations.
Chapter 2 discusses certain fundamental concepts of Army doctrine. It introduces a foundation of unified land
operations and decisive action as well as operational themes, the warfighting functions, and the operations
process. This chapter concludes with discussions of working groups and running estimates.
Chapter 3 discusses the requirements for legal support across the modular force as a result of transformation. It
describes where JAGC Soldiers are assigned throughout the modular force. It concludes with a description of
necessary materiel requirements to provide legal support.
Chapter 4 describes the roles, responsibilities, and working relationships of JAGC organizations and personnel
assigned to the operating force. This chapter outlines the doctrinal missions of legal sections and offices at
various levels of command. It also describes the working relationships between brigade legal sections and the
division Office of the Staff Judge Advocate (OSJA), and the OSJA with the trial defense service. This chapter
concludes with a discussion of other JAGC organizational support and personnel integration to support training
JAGC personnel assigned to the operational force.
Chapter 5 describes the six core legal disciplines of military justice, international and operational law,
administrative and civil law, contract and fiscal law, claims, and legal assistance.
Chapter 6 provides an introduction to the basics of planning and the role of judge advocates in this process.
Descriptions of design and the military decisionmaking process are included.
Chapter 7 discusses rules of engagement, rules for the use of force, and targeting.
Chapter 8 discusses detainee operations.
Chapter 9 discusses legal support to stability operations.
Chapter 10 discusses legal considerations in rule of law activities.
Chapter 11 discusses legal support in civil affairs units.
18 March 2013
FM 1-04
v
Introduction
Chapter 12 provides a synopsis of legal issues in defense support of civil authorities operations.
Chapter 13 discusses financial management and deployment contracting.
Chapter 14 discusses legal support to Army special operations forces.
Chapter 15 discusses security force assistance operations and legal support to these missions.
Three appendixes supplement the chapters of this manual. Appendix A describes the newly created Army
Reserve Legal Command and the organization of legal support. Appendix B describes the legal structure within
the National Guard. A format for judge advocates to capture lessons learned during deployments is contained in
appendix C.
This manual continues to reflect judge advocates increasingly operating individually, or in smaller teams, in
support of split-based operations, specialized operational cells, and headquarters required to run mobile, tailored
forces. Judge advocates train and prepare to operate independently across the spectrum of conflict, standing by
the commander’s side. To succeed in today’s operational environment, judge advocates are master general
practitioners effective in their roles as lawyers, ethics advisors, counselors, and rule of law practitioners. Judge
advocates increase their knowledge as Soldiers and leaders. Judge advocates work proactively to promote the
mission and serve Army personnel and their families.
Commanders, supported by staff judge advocates (SJAs), are responsible for training and supporting judge
advocates and their subordinates to ensure robust legal support to operations. Training is conducted according to
the Army’s training principles including training for combat proficiency, under realistic conditions, to standard,
and in accordance with appropriate doctrine. The training plan includes training that integrates and trains JAGC
personnel with the units they support in various environments, settings, and exercises. Without active, realistic
training, JAGC Soldiers will not develop the Soldier and lawyer skills needed to provide legal support to
operations.
This version of FM 1-04 replaces the January 2012 version. However, it makes no substantive changes to the
January
2012 version, but merely moves appendices to chapters in accordance with Doctrine
2015
requirements.
vi
FM 1-04
18 March 2013
Chapter 1
Legal Support to Operations: An Overview
This chapter provides an overview of the Judge Advocate General’s Corps legal
support to operations. First, it discusses legal issues in operations. It then describes
the evolution of operational law. Lastly, it outlines the various roles that Judge
Advocate General’s Corps Soldiers have in support of operations.
THE JUDGE ADVOCATE GENERAL’S CORPS MISSION
1-1. The mission of the Judge Advocate General’s Corps (JAGC) is to develop, employ, and retain one
team of proactive professionals, forged by the Warrior Ethos, who deliver principled counsel and mission-
focused legal services to the Army and the Nation.
LEGAL ISSUES IN OPERATIONS
1-2. Legal issues are a fundamental part of modern military operations. Assigning JAGC Soldiers directly
to warfighting units has become commonplace. Leaders have recognized that plans, initiatives, and
decisions—even those made at the tactical level—can have far-reaching strategic and policy implications in
complex operational environments.
1-3. While the legal intensity of military operations is a relatively recent phenomenon, lawyers in uniform
are not new. In June 1775, the Continental Congress selected Boston attorney, William Tudor, to serve as
Judge Advocate of the Army. Tudor was assigned to General George Washington’s staff where he helped
Washington regulate force discipline and advised him on military justice matters. In this regard, the Army
lawyer’s role has remained unchanged. Judge advocates still advise commanders on military justice matters
and issues related to the good order and discipline of the force. The judge advocate’s role in support of
military operations, however, has changed dramatically.
1-4. Judge advocates serve at all levels in today’s area of operations and advise commanders on a wide
variety of operational legal issues. These issues include the law of war, rules of engagement, lethal and
nonlethal targeting, treatment of detainees and noncombatants, fiscal law, foreign claims, contingency
contracting, rule of law, the conduct of investigations, and military justice. They also serve as staff officers
and on boards, centers, cells, and working groups, where they fully participate in the planning process
within their respective headquarters.
THE EVOLUTION OF OPERATIONAL LAW
1-5. Operational law encompasses all relevant aspects of military law that affect the conduct of operations
and is now recognized as a core legal discipline. Throughout most of the Army’s history, however, the
judge advocate’s role during operations centered on the practice of military justice, not operational law.
This paradigm began to shift in 1964, when Colonel George Prugh, staff judge advocate (SJA) for Military
Assistance Command Vietnam, expanded the role of his judge advocates. Under Colonel Prugh, the role
included determining the status of captured enemy personnel, investigating and reporting of war crimes,
and assisting the South Vietnamese with programs designed to help control government resources
important to the enemy.
1-6. By 1966, judge advocates in Vietnam had expanded their practice to include foreign claims,
international law, and initiatives to help reform the South Vietnamese judicial system. As U.S. troop levels
in Vietnam expanded, attorneys were assigned to division and brigade level headquarters. In a precursor to
what would one day be common practice, these lawyers were deployed forward, providing legal assistance
to Soldiers or trying courts-martial in outposts and fire bases throughout South Vietnam.
18 March 2013
FM 1-04
1-1
Chapter 1
1-7. Operational legal practice matured significantly in the post-Vietnam era. In 1974, the Department of
Defense (DOD) implemented the DOD Law of War Program. This initiative, a result of the Peers Report
detailing American atrocities at My Lai, mandated that military lawyers would now review all operation
plans, policies, and directives for compliance with the law of war. Based on the program’s requirements,
judge advocates became members of planning staffs at various levels of command.
1-8. In 1983, JAGC Soldiers from the 82nd Airborne Division and XVIII Airborne Corps participated in
Operation Urgent Fury in Grenada. Legal issues on the battlefield and the demand for judge advocate
support in Grenada changed military legal practice forever. Among its many lessons learned, the Grenada
operation demonstrated that Army lawyers could no longer focus on performing traditional peacetime legal
functions in what had become a contingency oriented Army. Recognizing some of the training shortfalls
identified by judge advocates during Urgent Fury, the Judge Advocate General’s School created a
formalized operational law curriculum with full-time operational law instructors. This initiative, first begun
in 1986, was followed two years later by the creation of the Center for Law and Military Operations. This
organization was dedicated to collecting and disseminating lessons learned by judge advocates participating
in contingency operations. See appendix C for more information on the current techniques for capturing
lessons learned.
1-9. Judge Advocate General’s Corps Soldiers participated in military operations throughout the 1980s,
including Operation Just Cause in Panama (1989). In 1990, a large number of JAGC Soldiers deployed in
support of Operations Desert Shield and Desert Storm.
1-10. Legal support became an even more important aspect of military operations in the 1990s as the U.S.
military embarked on several politically sensitive contingency missions. In support of these operations,
JAGC Soldiers deployed to Somalia, Haiti, the Balkans, and Southwest Asia. During this period, the Army
recognized the important and ever-expanding role of legal issues in operations. As a result, more legal
issues were injected into training events and judge advocate observer/controllers were assigned to the
Army’s combat training centers. The first operational law observer/controller was assigned to the Joint
Readiness Training Center in 1995. Today judge advocate observer/controllers are permanent fixtures at all
combat training centers, including the Mission Command Training Program.
1-11. Following the terrorist attacks of
11 September 2001, JAGC Soldiers have deployed in large
numbers in support of operations in Afghanistan, Iraq, and elsewhere. Current operations continue to give
rise to significant legal issues. As a result, judge advocates are in high demand in operations. As such, the
practice of operational law has become an essential component of mission command. In the modular force
design, brigade combat teams and support brigades include a brigade legal section headed by a judge
advocate major. A brigade legal section offers legal capabilities once found only at the division level or
higher. As a result, unit commanders can now draw on organic legal assets for real-time advice and
expertise in all of the JAGC’s core disciplines instead of having to reach back to higher echelons for legal
support.
THE JUDGE ADVOCATE’S ROLE
1-12. No matter the level of command to which assigned, judge advocates have several roles. They are
counselors, advocates, and trusted advisors to commanders and Soldiers. They are Soldiers, leaders, and
subject matter experts in all of the core legal disciplines. In every aspect of their professional lives, judge
advocates serve the Army and the Nation with their expertise, dedication, and selflessness.
THE LEGAL ADMINISTRATOR’S ROLE
1-13. The legal administrator is an integral part of the JAGC team. In addition to their well-recognized role
as technical experts, legal administrators provide experience and leadership to their organizations that
contribute significantly to mission accomplishment. Legal administrators also manage systems and
resources for the delivery of legal services across the spectrum of conflict. They actively plan, prepare, and
execute military legal operations. Finally, legal administrators mentor and guide officers, noncommissioned
officers, enlisted Soldiers, and Army civilians. In general, however, the legal administrator assigned to an
operational unit is expected to be a technical expert, legal office manager, advisor, and leader. Chapter 4
1-2
FM 1-04
18 March 2013
Legal Support to Operations: An Overview
discusses the day-to-day responsibilities of legal administrators assigned to SJA offices. (DA Pam 611-21
discusses the duties of legal administrators in detail.)
THE PARALEGAL SOLDIER’S ROLE
1-14. Today’s paralegal Soldiers are highly trained professionals with a critical role of delivering legal
services to operational units. Given the Army’s high tempo and the complex, often decentralized nature of
modern operations, the knowledge, expertise, and dedication of paralegal Soldiers are indispensable.
1-15. For much of the Army’s history, paralegal Soldiers were considered technical experts, not leaders or
combat Soldiers. During World War II, for example, paralegal Soldiers held the ranks of technical sergeant
or technician third through fifth class. As technicians, these Soldiers lacked the authority to give commands
or orders. Consequently, the paralegal Soldiers who served during these years received little training in
leadership or Soldier skills. In contrast, today’s paralegal Soldier—while still a technical expert—is also a
leader and a warrior. In addition to receiving technical instruction, paralegal Soldiers receive training in
leadership and Soldier skills at every level of the Noncommissioned Officer Education System. The result
is a confident, competent Soldier, warrior, and leader. This Soldier can provide not only superb legal
support to operations, but also expertise to fight and win in any area of operations. (Chapter 4 details the
duties of paralegal Soldiers assigned to SJA offices.)
THE CIVILIAN ATTORNEY’S ROLE
1-16. Civilian attorneys play a critical role in providing legal support to the Army and the Nation. They
serve as leaders and subject matter experts often providing valued continuity in the delivery of legal advice.
Their professionalism and dedication allow for uninterrupted legal support across the Army regardless of
the operational tempo.
18 March 2013
FM 1-04
1-3
Chapter 2
Fundamental Concepts of Army Doctrine
This chapter discusses certain fundamental concepts of Army doctrine and explores
some of the key legal issues in operations. It also outlines the types of operations.
This chapter provides Judge Advocate General’s Corps Soldiers with a working
knowledge of important doctrinal concepts and a basic framework for identifying
legal issues that may arise while planning and executing Army operations.
ARMY DOCTRINE FUNDAMENTAL CONCEPTS
2-1. Legal support to operations involves its own set of unique challenges. Judge advocates look to
certain fundamental concepts of Army doctrine to help them identify and address operational legal issues.
These fundamental concepts are as follows:
z
Decisive action and unified land operations.
z
The warfighting functions.
z
The operations process.
z
Lines of effort and lines of operations
z
Working groups
2-2. This chapter discusses the above listed fundamental concepts as they relate to legal support. Chapter
6 discusses the operations process activity of planning. Additional information can be found in FM 3-07,
FM 3-90, and FM 5-0.
DECISIVE ACTION AND UNIFIED LAND OPERATIONS
2-3. The Army's operating concept encompasses the basic approach taken by the Service in the conduct of
unified land operations. Operations founded upon decisive action require simultaneous combinations of
offensive, defensive, and stability or defense support of civil authorities tasks. It is through decisive action
that the Army demonstrates its core competencies of combined arms maneuver and wide area security. (See
figure
2-1.) In all operations, commanders seek to seize, retain, and exploit the initiative while
synchronizing their actions to achieve success. Operations conducted outside the United States and its
territories simultaneously combine three tasks—offense, defense, and stability. Within the United States
and its territories, operations combine the elements of offense, defense, and defense support of civil
authorities. Army forces operate using mutually supporting lethal and nonlethal capabilities based on
thoroughly understanding all variables of the operational environment. Mission command that conveys
commander's intent guides the adaptive use of Army forces.
18 March 2013
FM 1-04
2-1
Chapter 2
Figure 2-1. Decisive action
2-4. Army forces use offensive and defensive operations to defeat the enemy on land. Simultaneously,
Soldiers execute stability or defense support of civil authorities operations to interact with the people and
civil authorities. Combinations of offensive, defensive, and stability operations are typical in campaigns
and other operations conducted outside the United States. In some instances, combat may be continuous. In
other cases, stability tasks may dominate; peace operations, peacetime military engagement, and some
limited interventions focus almost exclusively on stability tasks. For example, foreign humanitarian
assistance operations involve primarily stability tasks with minor defensive tasks and no offensive element.
In most domestic operations, Army forces perform only defense support of civil authorities tasks. However,
an extreme emergency, such as an attack by a hostile foreign power, may require simultaneous
combinations of offensive, defensive, and defense support of civil authorities tasks.
2-5. The operational concept recognizes that current conflicts defy solution by military means alone and
that landpower, while critical, is only part of each campaign. Success in future conflicts will require the
protracted application of all the instruments of national power—diplomatic, informational, military, and
economic. Because of this, decisive action equally weights tasks dealing with the population—stability or
defense support of civil authorities—with those related to offensive and defensive operations. This parity is
critical; it recognizes that 21st century conflict involves more than combat between armed opponents.
While defeating the enemy with offensive and defensive operations, Army forces simultaneously shape the
broader situation through nonlethal actions to restore security and normalcy to the local populace.
2-6. Each element—offense, defense, stability, and defense support of civil authorities—has its own
doctrinal definition and its own particular legal issues. Because the elements of decisive action are usually
conducted simultaneously, judge advocates prepare to provide legal support to operations across the
spectrum of conflict.
2-7. Legal issues are numerous and often complex in unified land operations. Judge advocates must fully
understand the legal authorities specific to their operations, including the international agreements and
funding authorities and limitations that may be specific to a particular operation. U.S. forces often
participate in operations with host-nation consent and, therefore, are often heavily governed by host-nation
law. Effective judge advocates are versed in applicable host-nation law as well as familiar with status-of-
forces agreements and other agreements or applicable diplomatic notes. They understand and are prepared
to articulate the law of war as interpreted by the U.S. and other multinational partners. Any differences of
interpretation affect the planning and execution of operations, especially if judge advocates contemplate the
use of force. Judge advocates must be proactive and heavily involved in the planning phase of all
operations. Judge advocates ensure commanders fully understand and account for these considerations
during the planning of operations.
2-8. Defense support of civil authorities operations address the consequences of natural or man-made
disasters, accidents, and incidents within the United States and its territories. Since these operations are
2-2
FM 1-04
18 March 2013
Fundamental Concepts of Army Doctrine
domestic in nature, most legal issues will revolve around properly using manpower, resources, and
sustainment assets from the various organizations and agencies involved in the operation. Judge advocates
advising on defense support of civil authorities operations should be familiar with the relevant Federal law,
including the Posse Comitatus Act and related case law, and the rules for the use of force (RUF). See
chapters 7 and 12 of this FM, FM 3-28, and the Domestic Operational Law Handbook for Judge Advocates
for detailed discussions of legal issues frequently encountered in defense support of civil authorities
operations.
THE WARFIGHTING FUNCTIONS
2-9. A warfighting function is a group of tasks and systems (people, organizations, information, and
processes) united by a common purpose that commanders use to accomplish missions and training
objectives. The warfighting functions are the basis of combat power. Commanders employ the warfighting
functions to conduct decisive action. Synchronized and applied to a mission, they become combined arms,
and form combat power greater than the additive strength of each function individually. The warfighting
functions are mission command, movement and maneuver, intelligence, fires, sustainment, and protection.
When conducting operations, commanders work to synchronize each of the tasks and systems in the
various warfighting functions at every level of command, from tactical to strategic. Judge advocates and
paralegal Soldiers should use the warfighting functions as a template for reviewing and analyzing operation
plans for legal issues. When Judge Advocate General’s Corps (JAGC) personnel address legal issues within
and across the warfighting functions, they set the conditions for mission accomplishment.
MISSION COMMAND
2-10. The mission command warfighting function develops and integrates those activities enabling a
commander to balance the art of command and the science of control.
2-11. Mission command magnifies leadership in land operations. It illuminates the leader’s responsibility
to understand, visualize, describe, direct, lead, and assess. It provides commanders and staff with a
philosophy for operating in an uncertain environment as opposed to trying to create certainty and imposing
order and control over a situation. It also recognizes that leaders command not only U.S. forces but also
diverse international, nongovernmental, and host-nation partners.
2-12. Mission command supports an operationally adaptable Army that has both the authority and
resources to operate effectively at all levels, under clear mission orders. It requires a thorough
understanding of the operational environment, seeks adaptive teams capable of anticipating and managing
transitions, and acknowledges that leaders must share risk across echelons to create opportunities. Mission
command emphasizes the critical contributions of leaders at every echelon by establishing a mindset among
leaders that the best understanding comes from the bottom up, not from the top down. It invokes the
greatest possible freedom of action to subordinates.
2-13. Mission orders is a technique for developing orders that emphasizes to subordinates the results to be
attained, not how they are to achieve them. It provides maximum freedom of action in determining how to
best accomplish assigned missions.
2-14. Key to effective legal support to mission command is judge advocates who demonstrate initiative,
integrate themselves into the staff, actively participate in the design and planning processes, and work to
understand the operational environment. Developing the trust of the staff and supported subordinate
commanders facilitates the judge advocate’s role in supporting mission command.
2-15. With mission command’s emphasis on critical leadership contributions at all levels, especially those
of subordinate leaders, it is incumbent upon judge advocates to know and understand subordinate unit
missions. This enables the judge advocate to anticipate and resolve legal issues that might arise. By
proactively engaging subordinate commanders and staffs to assist in their mission planning and issue
resolution, judge advocates maximize a unit’s time spent on mission execution. This is especially true in
the case of brigade legal sections with no organic legal support located at the subordinate battalions or
companies.
18 March 2013
FM 1-04
2-3
Chapter 2
2-16. As operations become more decentralized and more responsibility is vested in small-unit leaders,
judge advocates and paralegal Soldiers will increasingly find themselves assigned or task-organized to
smaller units and at lower levels of command.
2-17. Recent experience demonstrates that current and future operational environments will experience an
increasingly rapid operating tempo. This rapid tempo impacts legal support. In providing legal support to
fast-moving, decentralized operations, judge advocates and paralegal Soldiers may lack the time or the
means to seek detailed guidance from senior leaders on complex legal issues. Judge advocates will often
need to rely on their own expertise, intellect, and good judgment to provide timely, operational legal
advice. They will also need to empower paralegal Soldiers by giving them a proactive role in providing
operational legal support.
2-18. Soldier discipline is one component of the mission command warfighting function. During
operations, discipline is regulated, enhanced, and enforced through various means, including orders,
regulations, command policies, and the Uniform Code of Military Justice. Judge advocates should ask the
following questions at a minimum:
z
Are there general orders or other command policies in force in the operational area that will
affect any aspect of the operation plan?
z
Are there any status-of-forces or jurisdictional matters that need to be resolved in advance of the
operation?
z
Are there provisions in place for the delivery of military justice in the operational area once
operations reach ready state?
MOVEMENT AND MANEUVER
2-19. The movement and maneuver warfighting function revolves around tasks and systems that move
forces to achieve a position of advantage in relation to the enemy. This includes employing forces in
combination with direct or indirect fires, force projection into a given area, and measures taken to increase
friendly mobility or deny the enemy freedom of movement (countermobility). Commanders use the
movement and maneuver warfighting function to ensure that their forces are in the best position possible to
capitalize on friendly strengths and exploit enemy weaknesses.
2-20. Like all of the warfighting functions, the movement and maneuver warfighting function involves its
own set of unique legal issues. Judge advocates analyzing operation plans and orders should ask several
questions when considering how the movement and maneuver warfighting function affects pending
operations. Judge advocates should ask the following questions at a minimum—
z
Does the plan entail the movement of friendly forces into an area with a large civilian
population? If so, how will civilians be affected by the presence of friendly forces? If applicable,
does the plan adequately address the likelihood that operations will result in large numbers of
dislocated civilians?
z
What precautions should the commander take to minimize injuries to noncombatants and
collateral damage caused by the movement of friendly forces?
z
Will civilian movement need to be curtailed or restricted? Will roadblocks, checkpoints, or
curfews be necessary? What are the applicable rules of engagement (ROE) for Soldiers manning
checkpoints or roadblocks?
z
Does the operation plan call for using any countermobility measures to deny the enemy’s
movement? If so, what measures should the commander consider to prevent noncombatant
casualties and minimize disruptions to civilian movement? If operating with multinational
partners, are any countermobility measures prohibited, such as the use of scatterable mines?
INTELLIGENCE
2-21. The intelligence warfighting function involves those tasks and systems that help commanders
understand the operational environment, enemy, terrain, and civil considerations.
2-22. The legal issues related to the intelligence warfighting function are numerous; in fact, intelligence
law has become a discrete area of expertise within the field of operational law. Judge advocates analyzing
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intelligence-related legal issues in operation plans and orders should ask the following questions at a
minimum:
z
What collection methods are being proposed? Does the operation plan call for the collection of
information by friendly forces such as scouts, long-range surveillance teams, or special
operations forces? If so, are appropriate antifratricide control measures in place to ensure
friendly forces do not fire on them? Under what ROE will these teams operate?
z
Does the operation plan contemplate the use of human intelligence, signals intelligence, or some
other means of collection, such as overflights by aircraft or the use of unmanned aircraft
systems? Are there any legal considerations, restrictions, or prohibitions relevant to the use of
these systems?
z
What is the operation plan for gathering information from enemy prisoners of war and
detainees? Does the operation plan address tactical questioning and interrogations? What
provisions have been made to ensure Soldiers adhere to the proper standards for treatment of
detainees?
FIRES
2-23. The fires warfighting function is the related tasks and systems that provide collective and coordinated
use of Army indirect fires and joint fires through the targeting process.
2-24. Due to the potentially devastating nature of their effects, the use of lethal fires—particularly indirect
fires—is often closely regulated by the ROE and other control and coordination measures to minimize
fratricide and collateral damage. When planning operations or reviewing completed operation plans and
orders, judge advocates carefully review all aspects of the plan that deals with the use of fires to ensure that
it aligns with ROE and the law of war. At the tactical level, judge advocates work proactively with
commanders and fire support experts to ensure that plans include safeguards to help minimize collateral
damage and reduce the risk of fratricide. Judge advocates analyzing the fires warfighting function should
ask the following questions at a minimum:
z
Are there provisions for the use of lethal fires contained in portions of the operation plan or
order beyond the fire support annex (such as lethal fires by air defense or aviation assets)? If so,
are these measures consistent with the ROE for the operation and the law of war?
z
Are there any protected places, including cultural property, in the unit’s area of operations? If so,
where in the operation order are they specified (such as fires, special instructions, or civil affairs
annexes)? Are they referenced in the ROE annex? What steps have been taken to ensure
potential indirect fire targets or target areas have been deconflicted with protected places?
z
What fire support coordination measures (restricted fire areas, no fire areas, or protected places)
are in place to mitigate the risk of fratricide and collateral damage by lethal fires?
z
Are there specific release authorities for direct and indirect fire systems in the ROE or in the
unit’s tactical standard operating procedures? If so, what is the plan for delegating authority in
the event the authorizing commander is unavailable to make the decision?
z
What is the blast radius and accuracy of particular available weapons systems? What are the
fires procedures for both deliberate and hasty targeting?
z
Are there provisions for the use of electronic warfare and is there an associated ROE? What is
the impact on host-nation communications and if so, what are the legal implications?
SUSTAINMENT
2-25. The sustainment warfighting function is the related tasks and systems that provide support and
services to ensure freedom of action, extend operational reach, and prolong endurance. Sustainment is the
provision of the logistics, personnel services
(to include legal support), and health service support
necessary to maintain operations until mission accomplishment.
2-26. Sustainment is the lifeblood of operations. Without sustainment—including health, legal, financial
management, and all the other sustainment functions—Army forces could not deploy or conduct
continuous operations. Many key legal issues are inherent in the sustainment warfighting function. They
range from contingency contracting issues to applicable fiscal rules for providing medical support to
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Chapter 2
civilians and paying claims for property loss, injury, or death. (FM 4-02.12 discusses eligibility for care in
U.S. Army medical treatment facilities.) Judge advocates can ask the following when analyzing this
function:
z
Does the operation plan call for contracting support? If so, where, when, and how much? If there
is a contracting support integration plan, what does it say? Will goods or services be purchased
from the local economy? If so, what types? To what extent can the commander use existing
contract vehicles, including the logistics civil augmentation program and acquisition and cross-
servicing agreements? Will it be necessary to lease land or facilities? The answers to these
questions help the commander determine the amount and type of funds to use.
z
Does the operation plan call for financial management support? If so, where are the G-8s and
financial management units located? What types of funding sources will they use? Legal support
may be critical in making purpose, time, and amount decisions to support command
requirements.
z
Might it be necessary to provide medical treatment to non-U.S. personnel? If so, what are the
criteria for treatment? What are the fiscal law implications of providing medical treatment or
humanitarian and civic assistance to non-U.S. personnel?
z
Will U.S. forces be expected to ensure that civilians receive medical supplies, food, and other
essential services?
PROTECTION
2-27. Protection is the preservation of the effectiveness and survivability of mission-related military and
nonmilitary personnel, equipment, facilities, information, and infrastructure deployed or located within or
outside the boundaries of a given operational area (JP 3-0). The protection warfighting function consists of
the related tasks and systems that preserve the force so the commander can apply maximum combat power.
Preserving and protecting the force allows commanders to maintain combat power. The protection
warfighting function also includes force health protection which consists of all measures to promote,
improve, conserve, or restore the mental or physical well-being of Soldiers. The protection warfighting
function entails numerous legal issues, many related to the use of force, such as ROE or the RUF. Both
ROE and RUF provide rules that govern Soldiers’ application of force for self-defense and mission
accomplishment. ROE provide guidance on using force in combat or overseas military operations, while
RUF govern the use of force in defense support of civil authorities operations. See chapter 7. Judge
advocates analyzing the protection warfighting function should ask the following questions at a minimum:
z
Are there policies, directives, or regulations that deal specifically with protection issues?
z
What ROE or RUF, operation orders, or procedures are in effect for Soldiers tasked with
securing facilities, equipment, and other items of value to U.S. forces?
z
If the U.S. plans to use private security contractors, under what ROE or RUF will they operate?
Which organization will be responsible for prescribing and monitoring the contractors’ ROE or
RUF? How will they synchronize ROE or RUF with U.S. military ROE or RUF?
THE OPERATIONS PROCESS
2-28. While differing significantly in design and application, all operations follow the operations process.
The operations process consists of the major mission command activities performed during operations:
planning, preparing, executing, and continuously assessing the operation. The commander drives the
operations process. (See figure 2-2.) These activities may be sequential or simultaneous. They are usually
not discrete; they overlap and recur as circumstances demand. Commanders use the operations process to
help them control operations, provide a command presence, and decide when and where to make decisions.
Commanders drive the operations process through mission command—understand, visualize, describe,
direct, lead, and assess. (See ADP 3-0.)
2-29. Throughout the operations process, commanders synchronize forces with warfighting functions to
accomplish missions. This synchronization is essential to achieving synergistic effects. However,
synchronization is not an end in itself. It is useful only as it contributes to the greater effectiveness of the
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Fundamental Concepts of Army Doctrine
force. Unnecessary synchronization or synchronization for limited gains degrades tempo, impedes
initiative, and allows the enemy to act within the friendly force decision cycle.
Figure 2-2. Mission command and the operations process
2-30. Judge advocates are active in every aspect of the operations process. They remain attuned to the
course of the operation and provide critical information. More than ever, decisive action requires informed
legal support. As Army forces confront increasingly challenging and dynamic environments, legal issues
arise in circumstances unforeseen in previous military engagements. From lethal and nonlethal targeting to
the proper use of specific funds in coalition and interagency operations, legal issues abound in the current
and emerging environments. As a result, commanders recognize the value of personnel trained to spot legal
issues related to offensive, defensive, stability, and defense support of civil authorities operations.
2-31. Judge advocates have become fully integrated into the operations process to provide real time
support to the planning, execution, and assessment activities. Chapters 4 and 5 discuss in detail the roles
and responsibilities of JAGC personnel in the operations process and the core disciplines impacting
decisive action.
LINES OF OPERATIONS AND LINES OF EFFORT
2-32. Major combat operations are normally designed using lines of operations that define the directional
orientation of a force in time and space in relation to the enemy and link the force with its base of
operations and objectives. Stability and defense support of civil authorities operations are designed along
lines of effort that link multiple tasks and missions using the logic of purpose to focus efforts toward
establishing operational and strategic conditions. They are vital in helping to achieve unity of effort in
operations that involve civilian organizations and multinational forces. (See ADP 3-0.)
2-33. In an operational design, lines of operations and lines of effort bridge decisive action to link tactical
and operational objectives to the end state. A line of operation defines the directional orientation of a force
in time and space with relation to the enemy toward a geographic or force-oriented objective. A line of
effort links multiple tasks across the spectrum of conflict using the logic of purpose to focus on the end
state. In decisive action, the types of operations may occur simultaneously or sequentially; commanders
synchronize and sequence tasks across multiple lines of operations and lines of effort. Commanders
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establish the military end state and supporting conditions for each operation, developing lines of operations
that help shape conditions that produce the end state. Subordinate commanders adjust the level of effort and
missions along each line of operations. Commanders formulate lines of operation and continually refine
them through assessment. Commanders may describe an operation along lines of operations that are
physical, logical, or a combination of both.
2-34. Lines of effort describe how decisive points are linked to operational and tactical objectives; they
connect the force with its base of operations and its objectives. Lines of effort define the operational design
when positional references to an adversary have little relevance. Rather than focus on physical objectives,
operations designed using lines of effort center on creating the conditions that define the end state. Ideally,
lines of effort combine the complementary, long-term effects of stability tasks with the cyclic, short-term
events typical of combat operations. Lines of effort also help commanders visualize how military means
can support nonmilitary instruments of national power. Judge advocates should refer to ADP 3-0 to
understand these operational concepts and learn the commander’s language to participate in planning
operations and to provide legal support to decisive action along the lines of effort.
2-35. Judge advocates must understand the framework of decisive action and its potential merits for
ensuring that operations are synchronized across lines of operations and lines of effort. Where the natural
inclination for execution might be to phase or execute operations sequentially, the lines of effort model
helps ensure that operations are executed simultaneously and in synchronization. In decisive action,
planners (including judge advocates) identify and seek to avoid potential conflicts. This deconfliction
ensures momentum gained along each line of effort is not compromised. Visualization of operations using
this model further ensures that during the planning process, judge advocates are able to anticipate legal
issues and take a proactive role in their resolution.
WORKING GROUPS
2-36. A working group is a grouping of predetermined staff representatives who meet to provide analysis,
coordinate, and provide recommendations for a particular purpose or function (ATTP 5-0.1). Working
groups allow for synchronization of efforts across multiple staff sections and command post cells on
specified issues. The number of working groups and their duration depend on the situation within a given
area of operations. While it is common to find working groups created around the warfighting functions,
they are also used to focus on specific lines of operations, and shorter term issues such as elections. There
is no limit to the subject areas for which a commander may create a working group.
2-37. Judge advocate working group members provide valuable expertise and knowledge on the legal
issues related to the purpose of the working group. Judge advocates must identify the working groups
created in their unit and ensure they actively participate in those groups for which they are members.
RUNNING ESTIMATES
2-38. A running estimate is the continuous assessment of the current situation used to determine if the
current operation is proceeding according to the commander’s intent and if planned future operations are
supportable (ADP 5-0). Commanders and each staff section are responsible for building and maintaining
their own running estimate. Staff sections focus their running estimate on how their specific area of
expertise is postured to support future operations. The running estimate itself addresses all aspects of
operations and contains both facts and assumptions based on the staff’s experience within their area of
expertise. The base running estimate serves as the staff section’s initial estimate of the current readiness of
equipment and personnel and the impact of any factors on the section’s ability to accomplish the mission.
2-39. The running estimate is continually updated whether in garrison or deployed and throughout the
operations process. Receipt of mission, new information, events, and activities affecting the operational
environment all trigger the need to update a running estimate.
2-40. Judge advocates at all echelons utilize running estimates to assess their section’s ability to support the
command in each of the core legal disciplines; identify personnel and equipment requirements; anticipate and
resolve potential legal issues in current and future operations; and prepare recommendations to the commander.
The running estimate is a valuable tool for judge advocates to record their assessments, considerations, and
assumptions related to the delivery of legal support to the command in support of operations.
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Chapter 3
Requirements in the Modular Force
This chapter provides an overview of the modular force concept. It describes the
organizational structure of the Army and identifies where Judge Advocate General’s
Corps Soldiers will be assigned throughout this modular force. The chapter further
describes materiel requirements necessary to provide legal support at various
echelons, along with some of the information resources that judge advocates should
have access to for mission accomplishment.
TRANSFORMATION
3-1. The global security environment changed dramatically after the terrorist attacks of 11 September
2001. Since those attacks, the U.S. has faced more unconventional threats ranging from rogue nations
aligned with terrorist groups to insurgents and guerillas. Recognizing that U.S. forces can no longer
exclusively organize, train, and equip for conventional war, the Army and the Department of Defense
significantly changed the Army’s force structure, doctrine, training, and equipment. The Army has
undergone its most dramatic change since World War II-era transformation.
3-2. The overall force structure redesign changes the nature of military competition and cooperation
through new combinations of concepts, capabilities, people, and organizations. These new combinations
exploit the nation’s advantages and protect against U.S. vulnerabilities to sustain the U.S. strategic position,
which helps underpin peace and stability in the world. Transformation is a continuing process that requires
the active participation of all major components in the organization. The overall objective of transformation
is to sustain the United States’ competitive advantage in war.
3-3. One of the major objectives of transformation is to shift the “center of gravity” for Army operations
from division to brigade level. Brigade combat teams are the Army’s basic tactical maneuver units and the
smallest combined arms units that can be committed independently. Their core mission is to close with the
enemy using fires and maneuver to destroy or capture enemy forces, or to repel their attacks by fire, close
combat, and counterattack. Under the Army’s new operational paradigm, an operational commander can
select the number and type of brigades needed to accomplish a particular mission, and build a force
package consisting of only those units. These brigade-based force packages have organic logistic support,
thereby reducing the need to rely on outside logistic assets.
3-4. In another major change to past practices, a deployed brigade does not always operate under the
division that normally acts as the brigade’s higher headquarters in garrison. Under the new construct,
brigades deploy and operate under a variety of different higher headquarters arrangements depending upon
the mission. The brigade’s headquarters element may be a division headquarters, a corps headquarters, or
even a joint task force (JTF) headquarters. This new approach allows Army forces greater flexibility to
task-organize more efficiently and effectively for meeting uncertain and irregular threats.
BRIGADE COMBAT TEAMS
3-5. Under the modular force design, the brigade combat team (BCT) is the building block of land combat
power. The BCT is designed to operate as an autonomous unit independent of the standard mission
command relationship between a division and an organic brigade. There are three types of BCTs: infantry
BCTs, Stryker BCTs, and heavy BCTs. In addition, there are five types of support brigades: battlefield
surveillance brigades, fires brigades, combat aviation brigades, maneuver enhancement brigades, and
sustainment brigades.
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3-6. Consistent with the modular concept, a BCT may operate as a self-contained task force or it may fall
in on a higher headquarters element, perhaps even one from a different home station. This “plug and play”
concept and the Army’s brigade-centric approach impact the Judge Advocate General’s Corps (JAGC).
Although the brigade judge advocate serves as the legal advisor to the BCT commander, the brigade judge
advocate is always under the technical supervision of a superior staff judge advocate (SJA), in accordance
with Article 6 of the Uniform Code of Military Justice. SJAs and brigade judge advocates work together to
foster productive technical-channel relationships and communications, providing effective and accurate
legal advice and support across all echelons of the modular force.
3-7. Brigade legal section personnel are prepared to operate under the technical supervision of a higher
headquarters with which they have no habitual relationship. In those instances, close coordination,
uniformity, and consistency of practice become even more essential. Given the Army’s increased use of
modular BCTs, the delivery of legal support shifts in responsibility from corps and division SJA offices to
the brigade legal sections. The Army force management system provides for organic legal positions in
BCTs. In addition to the BCT-level legal positions, paralegal Soldiers are also directly assigned to
subordinate battalions. For additional information on BCTs and support brigades, refer to FM 3-90.6.
THE DIVISION
3-8. The transformed modular division headquarters operates, in order of priority, as a tactical
headquarters to BCTs; as the Army Service component headquarters (as an ARFOR) for a joint force; as a
joint force land component headquarters; and then as a JTF. The division is the primary tactical warfighting
headquarters for mission command of land force BCTs. In this role, it employs land forces as part of a
joint, interagency, and multinational force conducting decisive action. The division executes simultaneous
offensive, defensive, and stability or defense support of civil authorities operations to establish specific
conditions. It assigns tactical tasks and missions to BCTs while organizing decisive, shaping, and
sustaining operations.
3-9. The division may serve as an ARFOR headquarters in small-scale contingencies without additional
Army augmentation. With staff augmentation, the division may also serve as a joint forces land component
or JTF headquarters. When serving as a JTF the division will organize and operate in accordance with joint
doctrine.
3-10. The division headquarters is organized with a division headquarters and headquarters battalion, two
command posts (division main and division tactical), and a mobile command group. The division will be
tailored or task-organized with a mix of BCTs and support brigades to conduct operations. To conduct a
major combat operation, the division requires the appropriate mix of the three types of BCTs (infantry,
Stryker, and heavy BCTs) and at least one of each of the five types of support brigades—combat aviation,
battlefield surveillance, maneuver enhancement, and fires. Typically, the sustainment brigade supporting
the division has a command relationship with the theater sustainment command (often through the
expeditionary sustainment command if deployed), and a support relationship with the division.
3-11. At the division-level, the Offices of the Staff Judge Advocate (OSJAs) support and have oversight of
subordinate brigade legal sections with which they may or may not have a traditional mission command
relationship. As the higher-echelon component, the division OSJA ensures the employment of generally
uniform standards of practice across all core competencies. The division OSJA must maintain awareness of
brigade personnel issues so to provide support as needed. In deployed settings, the diverse areas of
operation will impact mission planning and conduct of operations. Division OSJAs help brigade legal
sections bridge capability gaps based on those differing challenges. The Army force management system
identifies approved organic legal positions in the division SJA office.
THE CORPS
3-12. The transformed modular Army corps headquarters is designed to operate, in order of priority, to
exercise mission command of tactical Army forces, to leverage joint capabilities, and to exercise mission
command of joint forces for small-scale contingencies. The corps headquarters has the capability to provide
the nucleus of a joint headquarters. However, the ability of the corps to transition to a JTF headquarters or
joint force land component command headquarters depends heavily on Army and other Service
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Requirements in the Modular Force
augmentation. The transition of a modular corps headquarters to a joint headquarters relies on a timely
filling of joint positions, receipt of joint enabling capabilities, and comprehensive preactivation training as
a joint headquarters.
3-13. The modular corps headquarters consists of two mission command nodes plus a mobile command
group. The main command post contains the command group, the commander’s personal and special staff,
and a mix of six functional cells
(mission command, movement and maneuver, intelligence, fires,
sustainment, and protection) and three integrating cells (current operations, future operations, and plans)
under the general supervision of the chief of staff. The tactical command post is an integrating node with
representatives of all warfighting functions and others as required. When directed, the corps headquarters
can create a mobile command group built around the corps commander. Additionally, the main command
post can field an ad hoc early entry command post to precede the rest of the corps headquarters into an area
of operations.
3-14. The modular corps headquarters can control a mix of division headquarters, BCTs, and support and
functional brigades. Based on its mission, the corps headquarters receives the attachment, operational
control, or tactical control of tailored support from national, strategic, or theater army assets.
3-15. Corps OSJAs provide legal support to operational-level planning of operations. They further support
the efforts of division OSJAs and brigade legal sections to advise commanders. Corps OSJAs also provide
analysis and advice regarding lower-echelon legal actions that require broader oversight, due to law,
regulation, or policy. When deployed, irregular operational efforts may require direct contact between
brigade and corps legal personnel. Corps OSJAs maintain the capability to analyze specific brigade mission
requirements. As with a better-resourced organization, reporting requirements flow upward, but the general
burden of support flows from the corps OSJA to the division OSJA to the brigade legal section. For
additional information on corps, refer to FM 3-92. The Army force management system identifies approved
organic legal positions in the corps SJA office.
THEATER SUSTAINMENT COMMAND
3-16. The theater sustainment command provides sustainment planning, guidance, and support to forces in
a theater of operation and is assigned to a theater army headquarters. A theater sustainment command is not
a fixed organization and subordinate units are assigned, attached, or under operational control based on the
mission requirements. If required, the theater sustainment command will employ expeditionary sustainment
commands to provide mission command for attached units in an area of operation as defined by the theater
sustainment command. The expeditionary sustainment command plans and executes sustainment,
distribution, theater opening, and reception, staging, and onward movement for Army forces within the
spectrum of conflict. For additional information on theater sustainment commands, refer to FM 4-94.
3-17. The OSJAs for theater and expeditionary sustainment commands provide legal support across the six
core legal disciplines in support of the command both in garrison and while deployed. The Army force
management system identifies approved table of organization and equipment legal positions in the SJA
offices for theater and expeditionary sustainment commands.
THEATER ARMY
3-18. Theater army is the doctrinal name for the Army Service component command (ASCC) of a
geographic combatant command and is the primary vehicle for Army support to Army, joint, interagency,
intergovernmental, and multinational forces operating in the area of responsibility. If the combatant
commander acts as the joint force commander, the theater army may provide the land component
commander and headquarters to exercise operational control over land forces deployed to a joint operations
area. Additionally, when required, the ASCC is also capable of providing a joint task force capable
headquarters to serve as the joint headquarters for contingencies with other Service augmentation. In almost
all cases, the theater army’s theater sustainment command executes the ASCC sustainment functions. The
theater army is the doctrinal name for the ASCC of a geographic combatant command and is the primary
vehicle for Army support to Army, joint, interagency, and multinational forces operating in the area of
responsibility. The ASCC integrates Army forces into execution of theater security cooperation plans as
well.
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3-19. The theater army SJA serves as the principal legal advisor to the commander and staff. The SJA office
advises on all matters pertaining to law, policy, regulation, and good order and discipline in the geographic
combatant command’s area of responsibility. The SJA also advises the contingency command post when
deployed. It supports the commander and staff during planning and conduct of operations in the area of
responsibility by providing legal advice with respect to all aspects of operations. ASCC SJAs provide—
z
Operational-level policy advice and planning.
z
Area of responsibility specific knowledge and expertise.
z
Subject matter experts.
z
Access to and contacts with Department of the Army, geographic combatant command, Department
of Defense, and Joint Chiefs of Staff legal elements and specific subject matter experts.
z
Advice on all aspects of the organization, powers, functions, and employment of the ASCC.
The ASCC SJA may also serve as joint task force headquarters SJAs, at the direction of their respective
geographic combatant command. The Army force management system identifies approved table of
organization and equipment legal positions in the ASCC SJA office.
THE JUDGE ADVOCATE GENERAL’S CORPS MATERIEL
REQUIREMENTS
3-20. The abilities to communicate and receive information represent the judge advocates primary materiel
requirements to deliver timely legal support in garrison and in a deployed environment. Legal personnel
must be well equipped in order to most effectively perform their mission in support of the command.
Communication, legal automation, and mobility are the most critical categories of equipment. Additionally,
the area of operations may necessitate other requirements to most effectively support the command. Those
requirements can include the need for legal personnel to have proper security clearances, security
containers, secure safes as well as the ability to provide an area for confidential communications among
legal personnel and clients, investigating officers, commanders, and others as the situation requires.
COMMUNICATIONS
3-21. Operations often occur in fluid, chaotic, and dangerous environments in which mobility is
constrained. Legal advice is time-sensitive and often critical. JAGC Soldiers require access to
communications that link them with the commander, subordinate commanders, the staff, and SJAs at higher
echelons as well as to contact legal assets located in the continental United States. Dedicated Nonsecure
Internet Protocol Router Network (NIPRNET) and SECRET Internet Protocol Router Network (SIPRNET)
access is a priority requirement for judge advocates. JAGC Soldiers utilize communications available
within their commands, including the Army Battle Command System, combat net radios, common-user
networks, the Army Data Distribution System equipment, and broadcast system equipment. In addition,
JAGC Soldiers must have a dedicated digital sender on both NIPRNET and SIPRNET to transmit critical,
time-sensitive documents. These documents can be simultaneously scanned and e-mailed to any location.
AUTOMATION
3-22. The JAGC requires a dedicated system of automation to provide responsive legal services at all
echelons of command. That system is the electronic Judge Advocate Warfighting System (e-JAWS). This
system integrates legal information and services into a network that projects automated legal services down
to battalion level and permits sharing of legal work product. E-JAWS’ programs process, transmit, receive,
and display essential information. E-JAWS provides standardized software throughout the JAGC and
includes modules and databases for all core legal disciplines. The system operates through the knowledge
management and information service called Judge Advocate General’s Corps Information Network
(JAGCNet). Legal references compiled by e-JAWS are available in removable media and via databases on
the JAGCNet. JAGC Soldiers use the e-JAWS and JAGCNet to provide accurate and responsive
operational legal services. JAGC Soldiers also require access to classified databases and information
through the SIPRNET. Despite advances in information technology, legal personnel are always prepared to
provide operational support in circumstances without that technology. JAGC Soldiers should acquire legal
resources before deploying rather than expect to be able to download them via the Internet once deployed.
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3-23. The JAGC operates The Judge Advocate General’s Legal Center and School to train and educate
military, civilian, and international legal personnel in legal and leadership skills. It developed the Judge
Advocate General’s University (JAGU) with state-of-the-art technology to deliver education and training.
The training from JAGU meets the emerging challenges in all environments. The JAGU uses real-time
information and video presentations. It provides legal personnel with quick and easy Internet access
worldwide. Legal personnel access informative Web sites to incorporate warrior lessons learned and other
important information into daily legal practice. The JAGU offers legal personnel a dynamic tool for
professional development and mission accomplishment in today’s and future operational environments.
MOBILITY
3-24. Legal personnel depend on the units to which they are assigned or attached for transportation.
Sufficient vehicles are required for legal personnel, such as the SJA or command judge advocate and staff,
military judges, and defense counsel. The number and type of vehicles will depend on the commander’s
requirements for legal services. Normally, a division or corps SJA office requires four high-mobility
multipurpose wheeled vehicles (HMMWVs), one 5-ton cargo truck, and four cargo trailers. Brigade judge
advocate or command judge advocate sections typically require one HMMWV and one cargo trailer.
Additionally, each military judge in theater of operations and each trial defense section requires one
HMMWV with trailer. Mobility serves three distinct functions:
z
Control of legal assets.
z
Effective delivery of operational law and personnel service support.
z
Service of geographic areas.
Control
3-25. The SJA supervises and exercises administrative control over SJA section personnel. To administer
legal services effectively, the SJA knows what, where, and when legal services are required and directs the
appropriate employment of legal personnel. The SJA provides technical advice and guidance to judge
advocates that fall under the SJA’s statutory technical supervision. Moreover, as the primary legal advisor
to the commander and staff, the SJA has the mobility to be wherever and whenever required.
Delivery
3-26. The SJA delivers legal services throughout the area of operations. JAGC Soldiers provide legal
services to lower echelons of command. These Soldiers require mobility for several reasons:
z
Reviewing allegations of war crimes and violations of the Uniform Code of Military Justice.
z
Receiving, investigating, and paying foreign claims.
z
Conducting rule of law activities.
z
Providing legal assistance.
z
Advising commanders on time-sensitive, mission-essential legal problems, particularly those
encountered during stability operations.
z
Providing trial defense counseling to Soldier-client pending UCMJ or adverse administrative
action.
Service
3-27. Military judges provide judicial legal services on an area basis. Courts-martial will be conducted in
the accused’s unit’s area of operations as far forward as the commander deems appropriate. Trying courts-
martial as far forward as possible will minimize disruption of the unit, provide better availability of
witnesses, and speed the administration of military justice. Military judges must have the mobility to
preside over courts-martial and perform magistrate duties where and when needed. Defense counsel
provide defense legal services to the units for which they are assigned responsibility or on an area basis and
need mobility assets to accomplish this mission. Defense counsel need to maintain the mobility to interview
and consult with widely scattered clients and witnesses and to represent their clients before courts-martial
and adverse administrative proceedings.
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Roles, Responsibilities, and Working Relationships
This chapter examines the roles, responsibilities, and working relationships of Judge
Advocate General’s Corps organizations and Judge Advocate General’s Corps
personnel assigned to the operational Army. It outlines the primary doctrinal missions
of the legal sections and legal offices at various levels of command and information
regarding the roles and responsibilities of Judge Advocate General’s Corps personnel.
WORKING RELATIONSHIPS AND PROFESSIONAL
RESPONSIBILITY CONSIDERATIONS
4-1. Chapter 3 of this field manual outlines changes in the Army’s operational force structure. While
operational mission command may have changed, the Judge Advocate General’s Corps’ (JAGC’s) mission
remains the same: to develop, employ, and retain one team of proactive professionals, forged by the
Warrior Ethos, who deliver principled counsel and mission-focused legal services to the Army and the
Nation. To accomplish this mission, judge advocates, legal administrators, and paralegal Soldiers work
together proactively and professionally. To this end, JAGC personnel at every level of command are
expected to forge and maintain strong working relationships with each other.
4-2. Working relationships are the key to success. When faced with vagueness or ambiguity, JAGC
Soldiers use their intelligence, initiative, and ingenuity to craft courses of action that will help accomplish
the mission legally, morally, and ethically.
4-3. Army regulations requires JAGC personnel to comply with military and civilian codes of
professional responsibility and ethics that govern the practice of law. While all JAGC personnel are
Soldiers first, judge advocates are prohibited from providing legal support in any way that violates an
applicable rule of legal ethics. Judge advocates may not, for example, engage in conflicts of interest. These
conflicts often arise when a judge advocate represents the command, but the command asks the judge
advocate to give legal advice to Soldiers. In cases of ethical conflict, an additional judge advocate is
involved. This and other rules of professional responsibility govern both judge advocate attorneys and the
legal administrators and paralegal Soldiers who assist them. Judge advocates are subject to professional
discipline from their bar licensing organizations for violating any applicable rule, even in an area of
operations. Judge advocates identify and explain to their commanders any issues of legal ethics that may
affect operations. JAGC personnel should also inform and consult their staff judge advocates (SJAs)
regarding any matters of professional legal ethics.
BRIGADE LEGAL SECTION
4-4. In keeping with the Army’s brigade-centric approach to operations, the JAGC enhances brigade-level
legal support. In the past, judge advocates and paralegals were assigned to the division Office of the Staff
Judge Advocate (OSJA) and task-organized into brigade operational law teams for specific operations.
Under the new design, the brigade operational law team has been replaced by the more robust brigade legal
section. This organization is directly assigned to the brigade headquarters and not to the division OSJA.
4-5. Whether in garrison or deployed, the brigade legal section provides legal services across the core
legal disciplines. The section’s priorities are based on the brigade commander’s guidance and direction, the
SJA’s legal priorities across the area of operations, and the brigade judge advocate’s professional judgment.
The breadth of service that a brigade legal section provides will depend on several factors. These factors
include the brigade’s tempo, the brigade’s deployment status, the experience level of brigade legal section
personnel, the availability of additional judge advocates or paralegal support during “surge” periods, and
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the existence of actual conflicts of interest. As a field grade officer and an experienced judge advocate, the
brigade judge advocate is expected to make sound, well-reasoned decisions regarding the level of service
that the brigade legal section can provide. When faced with situations where the brigade legal section
cannot provide the proper breadth of service, the brigade judge advocate should use the brigade chain of
command and JAGC technical channels to address shortfalls.
4-6. The brigade legal section performs the following tasks:
z
Provide the brigade commander, battalion and company commanders, and brigade and battalion
staffs with legal advice and support across the core legal disciplines.
z
Provide the brigade commander, battalion and company commanders, and brigade and battalion
staffs with legal advice and support in decisive action.
z
Provide the brigade commander, battalion and company commanders, and brigade and battalion
staffs with legal advice and support in military justice, administrative separations, command
policies, and other issues related to the good order and discipline of the brigade.
z
Oversee the administration of military justice for the brigade, to include conducting military
justice proceedings up to and including general courts-martial, in coordination with the OSJA for
the general court-martial convening authority (GCMCA).
z
Provide legal assistance services
(including Soldier readiness processing) to the brigade
consistent with all applicable laws, regulations, rules of professional responsibility, and
requirements of the brigade’s mission.
z
Administer a preventive law program designed to educate commanders, staff, Soldiers, and their
families on legal issues that they may confront on a regular basis.
z
Ensure that all brigade legal personnel are trained and ready to deploy in support of the brigade’s
mission.
z
Coordinate higher-level and subject matter expert legal support for legal issues outside the
brigade legal section’s ability to resolve.
z
Serve as ethics counselors if appointed by appropriate superior authority.
BRIGADE LEGAL SECTION PERSONNEL
4-7. A brigade legal section includes two judge advocates: a brigade judge advocate and a trial counsel.
The brigade judge advocate, (a major,) serves as the brigade commander’s legal advisor and officer in
charge of the brigade legal section. A trial counsel is a captain who primarily administers all military
justice matters for the brigade. Additionally, the trial counsel will provide operational law advice and assist
the brigade judge advocate with legal issues across all operational law disciplines. The brigade legal section
also includes a brigade senior paralegal noncommissioned officer (NCO). Brigade combat teams (BCTs)
are authorized a sergeant first class to fill the position of a brigade senior paralegal NCO. Support brigades
are authorized a staff sergeant to fill the same position. Finally, paralegal Soldiers, E-1 through E-5, are
assigned to each subordinate battalion of a BCT or support brigade. All JAGC Soldiers in a brigade work
under the direction and supervision of the brigade judge advocate.
4-8. During deployments, a brigade legal section frequently requires augmentation to meet its mission
requirements. Requests for augmentation should be made as soon as the requirement is identified, usually
during the predeployment planning process. If augmented, the brigade legal section may include an
additional judge advocate, usually a captain. This captain’s duties include operational law, administrative
law, and legal assistance support to the brigade. When augmented by a third judge advocate, the brigade
legal section can avoid ethical conflicts when providing client services and administrative law support. For
example, during client services, rules of professional responsibility prevent the same judge advocate from
advising both the commander and a Soldier regarding the same adverse action. Additionally, a judge
advocate is needed to serve as an advisor to an AR 15-6 investigator. When deployed, duties of the brigade
legal section may include foreign claims and detention operations. Ultimately, the brigade judge advocate
determines the duties and responsibilities of the third judge advocate in light of mission requirements.
4-9. The brigade judge advocate is the primary legal advisor to the brigade commander. As a member of
the brigade commander’s personal and special staff, the brigade judge advocate requires a direct line of
communication to the brigade commander. The brigade judge advocate, the trial counsel, and the brigade
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Roles, Responsibilities, and Working Relationships
senior paralegal NCO are assigned to the brigade. The brigade headquarters is the primary place of duty for
the brigade judge advocate and the senior paralegal NCO as well as for a judge advocate augmenting the
brigade legal section. The trial counsel will work at the OSJA military justice section while in garrison to
foster effective training and ensure consistency in the quality of legal services delivered. The trial counsel
will deploy with the brigade headquarters for training exercises and missions. The trial counsel will
maintain a close working relationship with the brigade for both effective military justice support and
deployments. Fostering this relationship may include participation in the brigade physical training program,
brigade officer development program, and other events.
4-10. Though the SJA normally serves as the brigade judge advocate’s rater, the brigade commander or
designated representative (ordinarily the deputy commander or executive officer) typically determines the
brigade judge advocate’s routine duties in support of the brigade. The brigade judge advocate supervises
the trial counsel during training exercises and missions. The OSJA chief of military justice in garrison
directly supervises the trial counsel. While not directly supervising all brigade legal personnel, the SJA of
the higher echelon does have responsibility for legal oversight, training, and technical guidance. (See
paragraphs 4-18 through 4-32.)
DUTIES AND RESPONSIBILITIES OF BRIGADE LEGAL SECTION PERSONNEL
4-11. Paragraphs 4-12 through 4-17 outline the primary duties and responsibilities of personnel assigned to
the brigade legal section. While not all-inclusive, these duty descriptions provide a good overview of each
Soldier’s role in providing legal support to the brigade. The actual day-to-day duties and priorities of
brigade legal section personnel vary based on the brigade commander’s priorities, the SJA’s legal priorities
within the GCMCA’s area of operations, the brigade’s mission, and the unit’s deployment status.
Brigade Judge Advocate
4-12. The brigade judge advocate advises the commander and staff on operational law, military justice,
administrative law, fiscal law, and other areas of the law as required. This judge advocate ensures the
delivery of legal services to the brigade across the core legal disciplines. The brigade judge advocate
participates in operations planning and targeting processes. This participation includes reviewing operation
plans and orders, training concepts, and other key actions for legal sufficiency. The brigade judge advocate
deploys as a member of the brigade staff and serves as the officer in charge of the brigade legal section. As
a member of the brigade staff, the brigade judge advocate normally attends the meetings that the brigade
staff primaries attend. This officer plans, coordinates, and oversees client services, Soldier readiness
programs, and preventive law programs for the brigade. The brigade judge advocate supervises, trains, and
mentors the trial counsel, judge advocate augmentee, and the brigade senior paralegal NCO, and bears
supervisory responsibility for the overall professional development of brigade legal section personnel.
Brigade Trial Counsel
4-13. The brigade trial counsel advises commanders and staff in all areas of military justice in garrison and
during deployments. The trial counsel prosecutes courts-martial arising within the brigade. The trial
counsel coordinates with law enforcement agencies on pending cases and investigations within the brigade.
The trial counsel represents the government at Article 32(b) investigations and administrative boards. The
trial counsel reviews adverse administrative actions, Article 15 punishments, and other military justice
matters arising within the brigade. Additionally, the trial counsel assists the brigade judge advocate on
operational law issues including the Department of Defense Law of War Program, detainee operations,
status-of-forces and other international agreements, general orders, and predeployment legal preparation.
The trial counsel serves as a standing member of operations planning groups, targeting boards, and the fires
section. The trial counsel participates in planning for operations and conducts legal reviews of operation
plans, contingency plans, and exercise plans. The trial counsel deploys as necessary. The trial counsel also
serves as the acting brigade judge advocate when the brigade judge advocate is absent.
Brigade Senior Paralegal NCO
4-14. The brigade senior paralegal NCO is the senior enlisted advisor and assistant to the brigade judge
advocate, and serves as the noncommissioned officer in charge of the brigade legal section. The senior
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paralegal NCO supervises, trains, and mentors subordinate paralegal Soldiers and paralegal NCOs assigned
to battalions. The senior paralegal NCO serves as a member of the brigade’s staff. This NCO should have
successfully completed the Battle Staff NCO course and received an additional skill identifier. This NCO
coordinates and conducts required training on legal issues, including law of war and rules of engagement.
The senior paralegal NCO coordinates with the brigade judge advocate, the OSJA command or chief
paralegal NCO, and the career developments manager at Army Human Resources Command, to requisition
vacant paralegal Soldiers’ positions at the battalion level. Additionally, the brigade senior paralegal NCO
regularly advises Human Resources Command of personnel actions that can potentially impact the
brigade’s legal strength.
Battalion Paralegal Soldiers
4-15. Paralegal Soldiers, E-1 through E-5, are assigned to the S-1 section of each subordinate battalion.
Their assignment to the battalion S-1 section is designed to provide legal support to battalion commanders
and Soldiers. These paralegal Soldiers act under the direction and supervision of the brigade judge advocate
and brigade senior paralegal NCO, and their duties are restricted to those of a legal nature.
4-16. Brigade judge advocates and brigade senior paralegal NCOs retain the flexibility to coordinate the
consolidation of legal assets at the brigade headquarters. The decision to consolidate is based on a variety
of factors. While in garrison, geographic location of subordinate battalions, operational tempo, ease of
movement, and the nature of the legal mission often lends itself to the consolidation of legal assets at the
brigade headquarters. Consolidation allows the brigade judge advocate and senior paralegal NCO to train,
supervise, and develop paralegal Soldiers to the required level of expertise prior to deployment. During
deployment, these and other factors may also lead to the decision to consolidate legal assets. Consolidation
of legal assets may be necessitated due to the nature of legal support requirements required by the
operation. The BJA and senior paralegal NCO must weigh the relevant factors and determine whether
decentralization or consolidation provides the optimal use of legal assets to support the command’s
mission. Operational adaptability requires continuous assessment of the situation and might necessitate the
need to decentralize legal assets and consolidate them in whole or in part throughout the operation.
Consolidation of legal assets is coordinated with the brigade commander.
Judge Advocate Augmentation
4-17. If additional judge advocate augmentation is necessary and provided, that judge advocate provides
legal advice to commanders and staff on operational law, administrative law, fiscal law, and all other areas
of the law as required. The judge advocate provides support to plans cells. The additional judge advocate
provides legal assistance, Soldier readiness, and preventive law support to the brigade. The judge advocate
performs legal advocacy tasks on behalf of the Soldiers of the brigade, especially where conflicts of interest
exist. The brigade judge advocate determines the scope of the judge advocate augmentee’s duties and
responsibilities based upon mission requirements.
THE OFFICE OF THE STAFF JUDGE ADVOCATE
4-18. The OSJA provides legal support to the commander, staff, Soldiers, retirees, families, and other
eligible individuals supported by a given command. Divisions, corps, and Army Service component
commands (ASCCs) are supported by organic OSJAs.
THE OFFICE OF THE STAFF JUDGE ADVOCATE TASKS
4-19. The OSJA performs the following tasks:
z
Provide the commander and staff with legal support and advice in decisive action-oriented
operations.
z
Advise the commander and staff on military justice, administrative separations, command
polices, and other issues related to the good order and discipline of the command.
z
Oversee the administration of military justice for the GCMCA and provide supervision, training,
and oversight of the brigade trial counsel in the administration of military justice matters while
in garrison.
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Roles, Responsibilities, and Working Relationships
z
Provide the commander and staff with legal support and advice in all legal disciplines.
z
Administer claims and legal assistance programs consistent with all applicable laws, regulations,
and rules of professional responsibility.
z
Administer a preventive law program designed to educate commanders, staff, Soldiers, retirees,
and their families on legal issues that they may confront regularly.
z
Ensure that personnel directly assigned to the OSJA are trained and ready to deploy in support of
the unit’s mission.
z
Provide legal oversight, training, and guidance to brigade legal sections under the SJA oversight
authority.
z
Establish policies and procedures that ensure consistent legal support across the subordinate
units, particularly in a deployed environment.
DUTIES AND RESPONSIBILITIES OF THE OFFICE OF THE STAFF JUDGE ADVOCATE
PERSONNEL
4-20. The SJA leads the OSJA at the level of division headquarters and above and at installations that
support operational units. The SJA manages and leads with the help of key advisors: the deputy SJA, the
legal administrator, the command or chief paralegal NCO, and the civilian advisor. Together, they are
known as the foundation of five. With the advice and assistance of the other members of the foundation of
five, the SJA ensures that the OSJA is led, trained, equipped, and supported in a manner to accomplish the
mission. The foundation of five is a flexible and dynamic concept. SJAs should tailor the concept
individually depending on their mission and office structure. Each division within the OSJA has a division
chief and a noncommissioned officer in charge who receives direction, guidance, and support from senior
leadership. They in turn provide direction, guidance, and support that are more specific to those who work
in their division—subordinate judge advocates, civilian attorneys, and paralegal NCOs and Soldiers.
Paragraphs 4-21 through 4-32 discuss each leader’s responsibilities.
The Staff Judge Advocate
4-21. The SJA is the field representative of The Judge Advocate General (TJAG). As TJAG’s assigned
representative, the SJA has responsibility to deliver legal services within a command. The SJA is the
officer in charge of the OSJA. This officer is responsible for planning and resourcing legal support as well
as conducting training, assignments, and the professional development of JAGC personnel assigned to the
command and its subordinate units. In accordance with Article 6 of the Uniform Code of Military Justice
(UCMJ), the SJA is authorized to communicate directly with TJAG and other supervisory judge advocates
of superior or subordinate commands as necessary.
4-22. The SJA serves as the primary legal advisor to the commander exercising GCMCA as prescribed by
the Uniform Code of Military Justice (UCMJ), the Manual for Courts-Martial, and applicable regulations.
The SJA is a member of the commander’s personal and special staff. In accordance with Article 6 of the
UCMJ, at all times the commander and the SJA shall communicate directly on matters relating to the
administration of military justice, including, but not limited to, all legal matters affecting the morale, good
order, and discipline of the command. The SJA provides legal advice and support to the staff and
coordinates actions with other staff sections to ensure the timely and accurate delivery of legal services
throughout the command.
4-23. The SJA performs the following duties:
z
Provide military justice advice and perform military justice roles, functions, and duties
prescribed in the UCMJ.
z
Provide legal advice regarding administrative boards, investigations, or other military tribunals.
z
Provide oversight and training of legal personnel in the command and its subordinate units,
including professional responsibility training to those judge advocates under the SJA’s direct
and technical supervision.
z
Implement TJAG policies addressing rating schemes for legal personnel.
z
Ensure that OSJA personnel are ready to deploy.
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Chapter 4
z
Provide legal advice and support in the areas of administrative and civil law.
z
Provide international and operational law advice, including training and support to the
Department of Defense Law of War Program.
z
Provide legal advice and support on contract and fiscal law, health care law, and environmental
law matters.
z
Operate the command’s legal assistance, claims, procurement fraud, Federal magistrate court,
victim-witness assistance, and military justice training programs.
z
Provide legal advice and support to the civilian personnel office and equal employment
opportunity office.
z
Provide legal advice and support to the Family Advocacy Case Review Committee.
z
Serve as the command ethics counselor and appoint ethics counselors as appropriate.
z
Assist with litigation in which the United States has an interest.
z
Support training programs for Reserve Components legal personnel and units.
z
Provide legal advice and support concerning intelligence activities.
The Deputy Staff Judge Advocate
4-24. The deputy SJA is the second-most-senior judge advocate assigned to the OSJA and serves as the
SJA’s executive officer. While the SJA is the primary legal advisor to the command, the deputy SJA is
responsible for the day-to-day administration, training, and execution of the OSJA activities. As the second
member of the OSJA’s senior leadership team, the deputy SJA coordinates the efforts of the legal
administrator and command or chief paralegal NCO throughout the OSJA. The deputy SJA ensures that
every member of the OSJA receives the mentorship, training, equipment, and support to meet mission
requirements consistent with the SJA’s intent. The deputy SJA serves as the acting SJA in the SJA’s
absence and therefore is always prepared to assume the SJA’s duties and responsibilities. The deputy SJA
may supervise legal services at a separate location during split-based operations. Such operations may
include serving as the SJA of the rear detachment when the SJA deploys with the forward element.
The Legal Administrator
4-25. The legal administrator is an Army warrant officer with specialized training and expertise in law
office management and operations. The legal administrator is the third member of the OSJA’s senior
leadership team and the officer in charge of the administrative section. Legal administrators are directly
responsible for OSJA human resources management and support, information management systems,
facilities and equipment, resource management, and the security of OSJA facilities, equipment, and
classified materials. Additionally, legal administrators contribute to and support the training requirements
of OSJA personnel. The legal administrator builds and maintains effective working relationships with key
personnel throughout the area of operations to enable OSJA personnel to meet their mission requirements.
The Command or Chief Paralegal NCO
4-26. The command or chief paralegal NCO is the senior enlisted Soldier in the OSJA of a division, corps,
or ASCC, and the fourth member of the OSJA’s senior leadership team. A command paralegal NCO is
normally a sergeant major who serves at division and corps OSJAs, while a chief paralegal NCO is
normally a master sergeant who serves at ASCC OSJAs. This senior enlisted leader advises SJAs,
commanders, and command sergeants major on all paralegal Soldier issues within the OSJA as well as
those arising from subordinate units. The command or chief paralegal NCO is also the primary field
representative of the regimental command sergeant major of the JAGC. Additionally, the command or chief
paralegal NCO provides technical supervision of all paralegal Soldiers assigned to or supported by the
OSJA and is primarily responsible to the SJA for the deployment readiness of OSJA personnel. The chief
paralegal NCO, like the legal administrator, builds and maintains effective working relationships with key
personnel throughout the area of operations to enable OSJA personnel to meet their mission requirements.
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Civilian Advisor
4-27. The civilian advisor—a civilian attorney selected by the SJA—is best suited to provide advice and
perspective regarding office issues. Including a civilian advisor in the foundation of five recognizes the key
role of civilian employees as mentors and leaders in legal organizations. The civilian advisor helps improve
office communication flow to all personnel and gives the SJA a valuable civilian perspective regarding the
delivery of legal services and office management.
Civilian Attorneys
4-28. Civilian attorneys assigned to the OSJA may perform many of the same legal duties as judge
advocates. They regularly provide a depth of expertise and continuity in a particular legal discipline. They
may also have supervisory responsibilities, to include those of a division chief, however, civilian attorneys
do not advocate before courts-martial. Their role in administrative board proceedings is also more limited
than that of judge advocates. While civilian attorneys assigned to the OSJA may serve as legal advisors to
administrative boards, they do not serve as recorders. Additionally, they may only act as counsel for
respondents if they are not being compensated for the service, if such representation is not inconsistent with
the faithful performance of their regular duties, and if the representation is limited to periods outside their
normal hours of employment, such as official leave status.
Division Chief
4-29. Division chiefs are responsible for the mission success of their respective divisions within the OSJA.
Typically, a corresponding division within the OSJA addresses legal issues arising in each core legal
discipline. For example, members of the military justice division address military justice matters. Division
chiefs lead and supervise judge advocates, civilian attorneys, paralegals, and civilian legal support staff in
the delivery of legal support within their divisions. Division chiefs advise the SJA and deputy SJA
concerning all matters falling within the scope of their particular divisions and train subordinates in the
legal skills required by the discipline.
Subordinate Judge Advocates
4-30. Subordinate judge advocates within the OSJA perform legal duties under the supervision of a
division chief. They review actions for legal sufficiency; investigate factual matters related to legal actions;
write legal opinions; prepare legal actions; and provide legal assistance and other client services to Soldiers
and their family members. Subordinate judge advocates also advise commanders, staff officers, and
personnel; participate in staff working groups or teams; advocate before courts-martial and administrative
decisionmaking bodies; and review, adjudicate, and settle claims on behalf of and against the United States.
Judge advocates supervise paralegals and civilian legal support staff who assist in performing these tasks.
Paralegal NCOs and Soldiers
4-31. Paralegal NCOs serve as enlisted leaders and subject matter experts within their respective divisions
or sections, assuming responsibility for the effective and efficient operation of the division or section where
they serve. They also bear primary responsibility to train, mentor, and develop junior paralegal Soldiers to
the required level of expertise necessary to effectively contribute to mission success within their respective
divisions or sections. Some paralegal NCOs serve as division or section NCOs in charge. They therefore
serve as senior enlisted advisors to the division chiefs or officers in charge, much the same way the
command or chief paralegal NCO serves as the senior enlisted advisor to the SJA.
4-32. Paralegal Soldiers provide support in all of the core legal disciplines, under the supervision of judge
advocates, civilian attorneys, and paralegal NCOs. Paralegal Soldiers, like all JAGC personnel, are subject
to the same rules of professional responsibility. They do not provide legal advice but support the legal
services provided by judge advocates and civilian attorneys at all levels within the Army.
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THE OFFICE OF THE STAFF JUDGE ADVOCATE-BRIGADE LEGAL
SECTION RELATIONSHIP
4-33. Providing legal support to all levels of command remains the chief mission of all JAGC personnel.
However, personnel at the OSJA and the brigade legal section may identify different ways and means to
accomplish this mission. These potentially different views stem from the increased capabilities of BCTs
and other brigades and the assignment of JAGC personnel directly to the BCTs and other brigades. Though
support and coordination issues may arise, both organizations focus on the same end state: providing high
quality, reliable legal services to the command across all types of operations. OSJA and brigade legal
section personnel build and maintain an ongoing, professional, working relationship. This relationship
enables JAGC personnel at all levels to focus their efforts toward mission accomplishment. This field
manual does not attempt to address all OSJA-brigade legal section issues concerning support and
coordination, but certain aspects of the OSJA-brigade legal section relationship merit specific
consideration: rapport, legal oversight, direct supervision, and technical training.
RAPPORT
4-34. Notwithstanding the increased decentralization inherent in the modular force, JAGC personnel at all
echelons understand the importance of maintaining positive working relationships with one another.
Rapport is critical for mission success—for both the JAGC and the Army. As senior leaders of the JAGC,
the OSJA leadership takes every opportunity to teach, mentor, and support the brigade legal section for
mission success. Similarly, brigade legal section personnel support the OSJA to accomplish its mission.
JAGC personnel at every level display the requisite professionalism and maturity and adhere to these
principles. These relationships will be of special interest to TJAG and the regimental sergeant major during
Article 6 visits.
LEGAL OVERSIGHT
4-35. The nature of the legal profession often requires a stronger technical chain of supervision along
JAGC channels than is present in other Army branches. There are several reasons for this enhanced legal
oversight. TJAG has a statutory obligation to “direct the members of the JAGC in the performance of their
duties” under Title 10, U.S. Code, section 3037 (2010). TJAG also has the unique requirement to meet
professional legal responsibilities under AR 27-26. Furthermore, all judge advocates are attorneys subject
to civilian rules of professional conduct, continuing education requirements, and professional discipline
from their licensing organization, which requires enhanced technical supervision along JAGC channels.
Finally, under Title 10, U.S. Code, section 806(b) (2010), the SJA or legal officer of any command is
entitled to communicate directly with the SJA or legal officer of a superior or subordinate command, or
with TJAG.
4-36. As the next senior judge advocate in the brigade judge advocate’s technical chain, the SJA should
provide brigade judge advocates with technical guidance, direction, and insight on legal issues. Exercise of
this function by the SJA can be based on policies and procedures agreed upon in advance with the brigade
judge advocate, or it may be event-driven, based solely on the SJA’s professional judgment. Brigade judge
advocates are presumed to be experienced enough to determine when to request technical guidance from
the SJA. Situations that warrant technical guidance by the SJA include the following:
z
Soldier misconduct that will likely result in action by the GCMCA.
z
Any complex or high-profile military justice matter.
z
Clarification of rules of engagement.
z
Issues requiring specialized expertise not resident in the brigade legal section, such as
government contracting or ethics.
z
Situations where the brigade judge advocate is contemplating issuing a legal opinion contrary to
a legal opinion or interpretation issued by the division OSJA.
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DIRECT SUPERVISION
4-37. A SJA’s relationship with the brigade judge advocate sometimes exceeds mere technical
supervision—specifically in military justice matters. In garrison, the trial counsel works at the OSJA
military justice section but will deploy with the brigade. While deployed, the SJA supervises the trial
counsel’s performance. Whether in garrison or during a deployment, it is essential that continuous, close
coordination on military justice matters exists between OSJAs and brigade legal sections.
TECHNICAL TRAINING
4-38. SJAs do not normally have the authority to impose training requirements directly on brigade legal
section personnel working at a brigade headquarters. Nevertheless, OSJA leaders should take every
opportunity to teach, coach, and mentor brigade legal section personnel on legal and professional subjects
as well as include the brigade legal section at appropriate events. To this end, the OSJA leadership should
do the following:
z
Invite and encourage brigade legal section personnel to attend formal OSJA training events such
as professional responsibility training, professional development classes, staff rides, or
sergeants’ time.
z
Ensure that brigade legal section personnel are informed of training opportunities made available
to the OSJA (such as legal conferences, seminars, and continuing legal education). OSJA leaders
should also provide justification to brigades to secure the allocation of unit funds to enable the
attendance of brigade legal sections personnel at professional development courses.
z
Establish procedures for regular, effective communication. Examples include routine meetings
or information-sharing sessions where technical topics are discussed. Frequent and candid
communication between the OSJA and brigade legal section is essential. Whenever practical,
this communication should occur face-to-face.
U.S. ARMY TRIAL DEFENSE SERVICE
4-39. The provision of criminal defense services to Soldiers stands as a hallmark of American and military
jurisprudence. It ensures that Soldiers enjoy the constitutional and legal protections that they swear to
support and defend for others. Members of the United States Army Trial Defense Service (USATDS), and
those who support the USATDS mission, provide defense legal services to Soldiers facing adverse actions
taken against them by the Army. Trial defense counsel represent Soldiers at general and special courts-
martial, Article 32 hearings, pre-trial confinement hearings, UCMJ proceedings, and before administrative
boards as well as other administrative separation actions. They counsel Soldiers suspected of criminal
offenses, pending nonjudicial punishment (Article 15), and at summary courts-martial. Additionally, trial
defense counsel may provide limited legal counsel and representation to Soldiers facing minor disciplinary
actions or in need of legal assistance services, but only in cases where the OSJA and the servicing
USATDS office enter into a memorandum of agreement.
4-40. It is imperative that all Army personnel understand and appreciate the USATDS mission. Counseling
and representing Soldiers suspected of committing misconduct may be improperly perceived as at odds
with the mission of the unit from which the Soldier comes or even as actions that are contrary to the
interests of the Army. Such perceptions have no merit. Any actions or comments that impede the lawful,
professional, moral, and ethical responsibilities of USATDS personnel are inconsistent with the mission,
duties, and responsibilities of the JAGC and the Army. All JAGC Soldiers, regardless of the organization to
which they are assigned, ensure that Soldiers of other branches understand the necessity of the USATDS
mission. Belief in, and adherence to, principles such as the rule of law is a significant source from which
Soldiers draw national power.
4-41. Trial defense services are provided through regional trial defense teams and trial defense teams. The
regional trial defense team comprises a regional defense counsel (usually an O-5), a senior defense counsel
(usually an O-4), and a paralegal NCO (usually an E-6). The trial defense team usually consists of one
senior defense counsel, three trial defense counsel (usually O-3s), and one paralegal NCO (usually an E-5).
The regional trial defense team provides operational control, training, and technical supervision for as
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Chapter 4
many as four trial defense teams. The regional trial defense team assigns cases and trains, supervises, and
assists trial defense counsel in counseling clients and preparing actions.
4-42. Regional and trial defense teams are assigned to the headquarters and headquarters company of a
sustainment brigade; however, they remain attached to the United States Army Legal Services Agency for
all purposes except administrative and logistic support. The Chief, USATDS, exercises independent
supervision, control, and direction over the defense counsel and the USATDS mission.
4-43. While in reserve status, Army Reserve trial defense personnel are assigned to trial defense teams and
regional trial defense teams, under the mission command of the Headquarters, Legal Operations
Detachment-Trial Defense (LOD-TD). These teams operate under the technical supervision of the Chief,
USATDS, through legal support organization commanders. Similarly, while functioning under the
authority of Title 32, Army National Guard (ARNG) regional and trial defense teams are assigned to their
respective states, and they operate under the technical supervision of Chief, USATDS, through the Chief,
ARNG Trial Defense Service. Upon mobilization, both United States Army Reserve and ARNG trial
defense personnel fall under the operational control of USATDS. See appendix B.
4-44. JAGC personnel providing military defense services to Soldiers carry significant responsibilities to
conduct their affairs in accordance with AR 27-26. Judge advocates and paralegals charged with the
USATDS mission provide counsel and representation to Soldiers who have little or no familiarity with the
military justice system. Judge advocates and paralegal Soldiers conduct themselves and their affairs so as to
instill in Soldiers a high degree of confidence in the individuals who represent them, as well as in the
military justice system overall. Judge advocates assigned to USATDS act independently of any other
branch and the local OSJA to which they are otherwise attached or affiliated for administrative or logistic
support. Paralegal Soldiers and NCOs will likewise conduct themselves in accordance with the
responsibilities of nonlawyer assistants set forth in Rule 5.3 of AR 27-26.
THE OFFICE OF THE STAFF JUDGE ADVOCATE-U.S. ARMY
TRIAL DEFENSE SERVICE RELATIONSHIP
4-45. USATDS personnel receive administrative and logistic support from designated installations or
organizations as set forth in AR 27-10. This includes the provision of paralegal NCOs and Soldiers. TJAG
specifies that this support is essential to the performance of the defense mission. Paralegal support at the
trial defense team level is especially critical to mission success. Authorizations for trial defense team
enlisted personnel appear on the sustainment brigade table of organization and equipment. However, SJAs
and command or chief paralegal NCOs should actively coordinate the trial defense team paralegal
assignment process with regional and senior defense counsels as they would for their respective OSJAs.
This coordination ensures that paralegal support to the trial defense teams meets the requirements set forth
in AR 27-10.
4-46. All JAGC personnel are expected to advocate zealously on behalf of their clients. As such,
disagreements between OSJA and USATDS personnel are inherent in the adversarial process. Leaders at all
levels of the JAGC share a common duty to foster professional relationships between OSJA and USATDS
personnel. Such professional relationships succeed when all JAGC personnel display mutual respect and
support for each other’s roles and responsibilities.
4-47. OSJA and brigade legal section leaders make all efforts to ensure USATDS support is consistent
with the support provided to other sections within the OSJA and to that provided the brigade legal section.
Additionally, OSJA leaders make all training opportunities equally known and available to USATDS
personnel, as they would be for OSJA personnel.
CENTERS
4-48. Centers include the Center for Law and Military Operations, combat training centers, and the
Mission Command Training Program.
4-10
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Roles, Responsibilities, and Working Relationships
CENTER FOR LAW AND MILITARY OPERATIONS
4-49. The Center for Law and Military Operations (CLAMO) is located at The Judge Advocate General’s
Legal Center and School. This joint, interagency, and multinational legal center collects and synthesizes
data relating to legal issues arising in military operations, manages a central repository of information
relating to such issues, and disseminates resources addressing these issues. CLAMO helps develop
doctrine, organization, training, materiel, leadership, personnel, and facilities as these areas affect the
military legal community.
4-50. Key to facilitating CLAMO’s mission is the after action review process. All judge advocate
personnel must complete an after action review (AAR) in the prescribed format located at appendix C with
CLAMO upon redeployment. This AAR may either be conducted with a member of CLAMO in person,
electronically, or by telephone. Legal offices or sections compile AAR comments from within their
organization prior to conducting the AAR with CLAMO. The legal lessons learned and experiences
captured within the AAR process contribute to improving current and future legal support to the operational
Army through the timely distribution of this data in a variety of formats. CLAMO produces publications,
instruction, and databases accessible to operational forces, worldwide. Additionally, CLAMO responds
directly to questions from judge advocates in the field and coordinates with judge advocate trainers at the
combat training centers and Mission Command Training Program.
COMBAT TRAINING CENTERS AND MISSION COMMAND TRAINING PROGRAM
4-51. Judge advocates and paralegal Soldiers assigned to the combat training centers train legal personnel
assigned to brigades. With prior coordination with the brigade judge advocates, they develop realistic
training scenarios and events designed to anticipate current or expected conditions in the anticipated theater
of operations as part of the unit’s pre-deployment training. Through exposure to all aspects of legal
operations in a realistic training environment, brigade legal personnel receive feedback on their legal
support to the command. The judge advocate trainers provide feedback through an AAR and on-the-spot
observations designed to facilitate best practices and improvements of legal support.
4-52. The Mission Command Training Program conducts training for BCTs, divisions, corps, ASCCs,
JFLCCs, and JTFs. The judge advocates at the Mission Command Training Program serve as coaches and
trainers for commanders, staffs, and judge advocates for applying legal resources and support throughout
the planning and execution phases of exercises. By providing instruction on processes and systems
designed to facilitate legal support to the command, these exercises provide legal offices and personnel
feedback designed to enhance legal support when deployed.
4-53. Judge advocates at all levels should take advantage of the opportunities presented to prepare
themselves and their units for providing legal support during military operations. The training provided by
judge advocates at combat training centers and the Mission Command Training Program as well as the
resources provided by CLAMO are keys to success.
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4-11
Chapter 5
The Core Legal Disciplines
This chapter provides a detailed description of the core legal disciplines. They
include military justice, international and operational law, administrative and civil
law, contract and fiscal law, claims, and legal assistance.
MILITARY JUSTICE
5-1. Military justice is the administration of the Uniform Code of Military Justice. The purpose of
military justice, as a part of military law, is “to promote justice, to assist in maintaining good order and
discipline in the armed forces, to promote efficiency and effectiveness in the military establishment, and
thereby to strengthen the national security of the United States” (Manual for Courts-Martial). The Judge
Advocate General (TJAG) is responsible for the overall supervision and administration of military justice
within the Army. Commanders oversee the administration of military justice in their units and
communicate directly with their staff judge advocates
(SJAs) about military justice matters. Three
organizational components of military justice exist within the Judge Advocate General’s Corps (JAGC): the
SJA; the Chief, United States Army Trial Defense Service (USATDS); and the Chief, U.S. Army Trial
Judiciary.
Note: Use of the term “SJA” in this chapter denotes the SJA at the appropriate level of
command.
5-2. The SJA is responsible for military justice advice and services to the command. The SJA advises
commanders concerning administrative boards, the administration of justice, the disposition of alleged
offenses, appeals of nonjudicial punishment, and action on courts-martial findings and sentences. The SJA
supervises the administration and prosecution of courts-martial, preparation of records of trial, the victim-
witness assistance program, and military justice training.
5-3. The Chief, USATDS exercises supervision, control, and direction of defense counsel services in the
Army. Judge advocates assigned to the USATDS advise Soldiers regarding judicial and nonjudicial
disciplinary matters and represent Soldiers before courts-martial and administrative boards.
5-4. The Chief Trial Judge, U.S. Army Trial Judiciary, provides military judges for general and special
courts-martial, supervises judges, promulgates rules of court, and supervises the military magistrate
program. Military judges of the U.S. Army Trial Judiciary, who are not within the local chain of command
or the technical chain of the SJA, have specific tasks. They preside at general and special courts-martial,
maintain judicial independence and impartiality, conduct training sessions for trial and defense counsel,
perform or supervise military magistrate functions, and may be detailed to preside over military
commissions. Military magistrate functions include the review of pretrial confinement and confinement
pending the outcome of foreign criminal charges and the issuance of search, seizure, or apprehension
authorizations.
5-5. Military justice services are centralized to facilitate timely and efficient delivery. Normally, courts-
martial are processed at theater army, corps, division, theater sustainment command (TSC), or other
headquarters commanded by a general court-martial convening authority (GCMCA). Army brigade and
battalion commanders, as well as joint task force commanders, have special and summary court-martial
convening authority and may require support to conduct courts-martial.
5-6. The convening authority may designate where the court-martial will meet consistent with Rules for
Courts-Martial (RCM) 504(d) and 906(b)(11) and with the rulings of the military judge. SJAs provide
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Chapter 5
military justice advice to GCMCAs, including joint force commanders who are GCMCAs. Other judge
advocates provide military justice advice to subordinate commanders.
5-7. Paralegal noncommissioned officers
(NCOs) and Soldiers in battalion, brigade, and higher
headquarters prepare and manage military justice actions, and provide technical and administrative support
for military justice.
5-8. In multinational organizations, each troop contributing nation is responsible for the discipline of its
military personnel. Accordingly, the U.S. element of the multinational organization will require military
justice support.
5-9. Trial defense and judiciary services are provided on an area basis under the independent supervision
and control of USATDS and U.S. Army Trial Judiciary, respectively. The Chief, USATDS and Chief Trial
Judge, U.S. Army Trial Judiciary supervise defense teams and military judge teams, respectively, and are
solely responsible for determining their places of duty and caseloads. Under the direction of the regional
and senior defense counsels, trial defense counsel travel as far forward as required throughout the area of
operations to provide advice and services. Military judges are normally co-located with the Office of the
Staff Judge Advocate (OSJA) at a command headquarters or they travel into the area of operations for
periodic trial terms, depending upon judicial workloads. Military justice support transitions smoothly
across the spectrum of conflict, providing continuity in jurisdictions and responsive support to
commanders. Critical to success are prior planning, mission training, staff augmentation, and—particularly
in the case of the USATDS—the provision of sufficient paralegal assets and logistic support to defense
counsel.
5-10. Legal administrators review and provide technical oversight and support for witness procurement,
court-martial orders, and other administrative documents. They sign official court-martial documents and
orders on behalf of general and special court-martial convening authorities. They provide technical support
and advice for automated trial preparation, presentation, and case management and serve as the local
administrator for military justice knowledge management systems. In both garrison and deployed
environments, they provide guidance and direction to the criminal law NCO in charge and senior court
reporter with the planning, resourcing, establishment, and furnishing of courtroom facilities. Legal
administrators facilitate the travel of civilian witnesses and defense counsel through coordination with
higher headquarters and, where necessary, other government agencies. They also draft and process
contracts for employing expert witnesses testifying at courts-martial and may review records of trial as part
of the post-trial process.
5-11. Paralegal NCOs and Soldiers interview witnesses, prepare courts-martial documents, draft charges
and specifications, and record and transcribe judicial and administrative proceedings and investigations.
They prepare and manage records of nonjudicial punishment, memoranda of reprimand, and officer and
enlisted administrative separation documents. They facilitate witness and court member appearance. They
also coordinate and support logistically all legal proceedings and hearings from administrative separation
boards to general courts-martial. They assist judge advocates appointed as Special Assistant U.S. Attorneys
to prosecute criminal offenses in U.S. magistrate and district courts and war crime tribunals. Senior
paralegal NCOs in charge of military justice and criminal law sections review all legal documentation.
They ensure accuracy and timely processing prior to review by the deputy SJA, SJA, and convening
authority.
5-12. Paralegal NCOs and Soldiers with additional skill identifier C5 are court reporters. In addition to the
duties discussed in paragraph
5-11, they record and transcribe verbatim records of courts-martial,
administrative proceedings, Article 5 tribunals, and other proceedings as required by law or regulation.
5-13. To prepare to deploy, a military justice attorney may perform the following tasks:
z
Align the convening authority structure for the deployment theater and home station.
z
Ensure that units and personnel are assigned or attached to the appropriate organization for the
administration of military justice.
z
Request or accomplish required designations of home station convening authorities.
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