JAGWinter 2010 

no. 1 

vol. 11 

Official Magazine of the United States Navy Judge Advocate General’s Corps 

New Chief Legalmen

Anchor Up
2 JAG Magazine - Winter 2010 

6 Legalman on the case

7 Anchors of leadership

7 Congratulations to the new chief legalmen

8 Joint Region Marianas

10 Law students sharpen skills at JAG Corps

12 Military Rules of Evidence 609

13 60th anniversary of the Geneva Convention

14 Afghan National Army Legal Development Training

16 Letters from the field

18 Reserve judge advocate, SOFA in Japan

19 Wounded warriors get legal advice earlier

20 Reserve judge advocate assists wounded warriors

INSIDE

 moot court competition

North Carolina Central University School of Law 

student Matt Reeder argues before a panel of military 

judges during the Navy Judge Advocate General 

Corps’ 2009 National Moot Court Competition 

held at Naval Air Station Jacksonville, Fla. 
jag.navy.mil 3

JAG

Region Liaisons

The JAG Magazine is an authorized publication for members of the Department of 

Defense. Comments are not necessarily endorsed by the U.S. Government, DOD, or 

U.S. Navy. This magazine is prepared by the Public Affairs staff of the Office of the 

Judge Advocate General of the United States Navy. Address changes and submissions 

may be sent by e-mail to Ms. Natalie Morehouse at natalie.morehouse@navy.mil or by 

mail to: Office of the Judge Advocate General of the Navy; 1322 Patterson Avenue, SE, 

Building 33, Suite 3000; Washington Navy Yard, DC 20374-5066. Telephone inquiries 

should be made to (202) 685-5394.

Magazine

Fleet News ..................................................................22

Shipmate Spotlight ....................................................28 

JAG Corps 2020 .........................................................30 

Alumni .......................................................................32

Book Review: A Man For All Seasons .............................33

Milestones ..................................................................34

Photos From the Fleet ................................................35

Departments

Judge Advocate General

Vice Admiral James W. Houck

Deputy Judge Advocate General,

Commander, Naval Legal Service Command

Rear Admiral Nanette M. DeRenzi

Deputy Judge Advocate General,

Reserve affairs & Operations

Deputy Commander, 

Naval Legal service command

Rear Admiral Steven M. Talson

Command Master Chief,

Office of The judge advocate general,

Naval Legal Service Command

Master Chief Christopher J. Browning

Reserve Command Master Chief,

Office of The judge advocate general,

Naval Legal Service Command

Master Chief Jeffrey N. Luthi

Public Affairs Officer

Ms. Jen Zeldis

Deputy Public Affairs Officer

Ms. Natalie Morehouse

Editorial Board

LCDR Marc Brewen

LCDR Anne Marks

LCDR Kim McCann

LT Chris Colby

LT David Fink

LT Dave Lee

LT Dave Shull

Naval Justice School............................................................Capt Todd Eslinger, USMC

Naval Legal Service Office North Central &

Region Legal Service Office Naval District Washington.....LT Meredith Steingold

Naval Legal Service Office Europe & Southwest Asia........LCDR Vaughn Spencer 

Region Legal Service Office Europe & Southwest Asia...............LT Janelle Kuroda 

Naval Legal Service Office Pacific....................................CDR Colleen Glaser-Allen

Region Legal Service Office Pacific...........................................CDR Glenn Hancock

Region Legal Service Office Hawaii....................................................LN1 James Hills

Naval Legal Service Office Central.....................................................LT Jason Ayeroff

Region Legal Service Office Midwest.............................................LCDR Paul Kapfer

Naval Legal Service Office Mid-Atlantic.................................LTJG Kristen Anastos

Region Legal Service Office Mid-Atlantic...................................LTJG Kevin Walker

Naval Legal Service Office Northwest &

Region Legal Service Office Northwest......................................... LT Nick DeHollan

Naval Legal Service Office Southeast.......................................LTJG Matthew Roush

Region Legal Service Office Southeast.......................................LNC Lourdie Powell

Naval Legal Service Office Southwest...............................................LT Andrea Leahy

Region Legal Service Office Southwest...........................................LT Jennifer Myers

On the Front Cover

Judge Advocate General ................................................4 

Command Master Chief ................................................4

LNC Eric Smart (far 

left) and his sponsor 

YNC Anthony Franklin 

(behind) at the Washington 

Navy Yard Chief pinning 

ceremony. Find out who the 

new chiefs are on page 7.
4 JAG Magazine - Winter 2010 

The Judge Advocate General Command Master Chief

The Navy’s Goatlocker recently inducted the latest group of fine Sailors into the ranks of the chief 

petty officer mess. I wanted to pause for a moment to reflect 

on the guiding principles of the chief petty officer. These 

principles may focus on chiefs but they hold true to the tone 

that should be set by every leader in our Navy, regardless 

of paygrade, duty assignment, or command mission. The 

degree of personal dedication required to excel in today’s 

Navy is truly humbling. Gone are the days when average 

men and women could promote through the ranks and 

achieve retirement through just getting by. Our JAG Corps 

is filled with professional experts who set the highest 

standards of excellence ever realized in our fine Navy. Yet 

some days we focus so much on mission accomplishment 

that we lose sight of the basic leadership principles that 

make us the best law firm in the world. By employing 

these basic principles in our everyday operations, we 

will enjoy a stronger JAG Corps and a better Navy. 

 There are seven guiding principles for the chief petty 

officer. Here is a list and short description of each one. 

Deckplate Leadership: Chiefs are visible 

leaders who set the tone. We know the mission, 

know our Sailors, and develop them beyond their 

expectations as a team and as individuals.

Institutional and Technical Expertise: Chiefs 

are the experts in their field. We will use 

experience and technical knowledge to produce 

a well-trained enlisted and officer team.

Professionalism: Chiefs will actively teach, uphold, 

and enforce standards. We will measure ourselves by 

the success of our Sailors. We will remain invested 

in the Navy through self-motivated military and 

academic education and training, and will provide 

proactive solutions that are well founded, thoroughly 

considered, and linked to mission accomplishment.

Character: Chiefs abide by an uncompromising code 

of integrity, take full responsibility for their actions, and 

keep their word. This will set a positive tone for the 

command, unify the Mess, and create esprit de corps.

Loyalty: Chiefs remember that loyalty must be 

demonstrated to seniors, peers and subordinates 

alike, and that it must never be blind. Few things 

are more important than people who have the moral 

courage to question the appropriate direction in 

Chief petty officer transition continued on page 5

Chief petty officer transition

Looking Ahead

Looking Ahead continued on page 5

We serve at an incredible time. For over four decades, the JAG Corps has provided superior legal services to commanders at sea and ashore, to our shipmates and 

to our Navy family. However, with more forces forwarddeployed than ever before, our judge advocates, legalmen, 

and civilians answer today’s call to serve in environments 

more diverse, more challenging, and more rewarding than 

ever before.

RADM DeRenzi, RDML Talson, the AJAGs, and I have 

spent considerable time and effort since August in taking 

stock of our community’s future. In November, more than 

200 of our JAG Corps captains, chief petty officers, and 

senior civilians offered critical insight on what the Corps 

needs to focus on over the next year. Our Corps’ accomplishments are impressive and have kept us relevant to our 

clients; however, we must continue to look ahead. 

JAG Corps 2020, our vision for the years ahead, is the 

foundation, guiding us on how we will continue to provide 

effective and efficient legal support for the naval, joint, and 

combined force of the future. At the same time, we must be 

mindful of accomplishing our immediate mission and do it 

all within a framework of constrained resources. To ensure 

our success, the recently released JAG Guidance 2010 

details our strategy for balancing the goals of our current 

mission and investing in 

our future across the four 

focus areas during this 

next year.

As the cover page of 

this issue reflects, the 

JAG Corps has selected 

18 new chief legalmen. 

RADM DeRenzi and I 

offer them all our heartiest congratulations on this 

landmark accomplishment 

in their careers. 

Also in this issue is a feature on the JAG Corps’ first ever 

National Moot Court Competition, which was hosted by 

RLSO Southeast. The competition brought together twentythree teams, representing a cross-section of the highest caliber and most diverse law schools in the nation, and it was a 

resounding success story for the JAG Corps. 

LCDR Dave Lee shares reflections on his and other judge 

advocates’ deployment to Iraq with II MEF. In Afghanistan, 

other judge advocates are helping to train a new cadre of 

Afghan National Army and Ministry of Defense legal offi-
jag.navy.mil 5

which an organization is headed and then the strength 

to support whatever final decisions are made.

Active Communication: Chiefs encourage open 

and frank dialogue, listen to Sailors, and energize 

the communication flow up and down the chain 

of command. This will increase unit efficiency, 

mission readiness, and mutual respect.

Sense of Heritage: Our heritage defines our past 

and guides our future. Chiefs will use heritage 

to connect Sailors to their past, teach values and 

enhance their pride in serving to our country.

For our new chief legalman, the days of observing 

set “working hours” are long gone. Some chiefs must 

do command work all day long, then start their “chief 

work” at 1700 as their Sailors are going home for the 

night. Your dedication to the care and development of 

your Sailors cannot be understated. You must focus every 

day on meeting this expectation the Navy has of you. 

From here on out, your success in the Navy will 

be realized through the success of your Sailors and 

your team. You will no longer be measured by your 

personal accomplishments, but through your ability 

to lead your team into battle success, whatever the 

specific mission may entail. Please do not settle into a 

comfort zone - get out of your comfort zone! The JAG 

Corps is too small a community to accept professional 

“comfort,” and you will be called out to lead by the 

dedicated chiefs that surround you in our Mess. 

You must do everything possible to make your Sailors 

and junior officers the best they can be. You owe it to 

them. Just like that old chief who saw something special 

Chief petty officer transition continued from page 4

in you all those years ago, now you’re the “old salt” who 

must exercise patience and compassion while mentoring 

and growing our young legalmen and judge advocates. 

You must always do the things that chiefs must do. It’s 

not enough to do things without being told – now you 

have to think up those things to do. You alone must realize, analyze, prioritize, improvise, exercise and supervise everything your Sailors will accomplish. You 

cannot be concerned with popularity. If you are, you 

will not succeed as “The Chief.” Someone has to make 

the difficult decisions. By virtue of being difficult, 

those decisions are rarely popular with your Sailors. 

I challenge every officer, legalman and civilian 

employee to strive to make 

a positive difference every 

single day. Take the hard 

jobs, get out of your comfort 

zone, stay involved, and 

communicate up and down 

the chain of command. 

Please accept my sincere 

thanks and gratitude for all 

you do! Good luck, chiefs 

- it’s time to Anchor Up!

JAMES W. HOUCK

Vice Admiral, JAGC, U.S. Navy

Looking Ahead continued from page 4

CHRISTOPHER J. BROWNING

LNCM (SW/AW), U.S. Navy

cers. And LCDR Heather Partridge describes judge advocates’ efforts in Guam to ensure the smooth transition to a 

Department of Defense “joint region” in Joint Region Marianas.

Elsewhere, young judge advocates, often less than a year 

from law school, are representing wounded Sailors and 

Marines and fighting for their continuing care and compensation. In 2008, the National Defense Authorization 

Act increased the rights of wounded, ill, and injured service members during the disability evaluation process. LT 

Dayton Krigbaum and CDR Elizabeth Moores of NLSO NC 

discuss new developments in the disability process in their 

piece. Additionally, LN1 Harrold Henck discusses Reserve 

CDR Nicholas Murphy’s years of experience working with 

wounded Sailors and Marines.

LN1 Sigurdsson recounts her experience serving as the 

sole legalman on a team that conducted a rather unique 

JAGMAN investigation. CMC Christopher Browning and 

LNC Ursula Brown offer words of wisdom to our new 

chiefs, who are no doubt already learning the meaning of the 

phrase, “Ask the Chief.” 

Lastly, every edition of the JAG Magazine is filled with 

stories, perspectives, and news that provide outstanding 

exemplars of legal expertise, leadership in action, and professional development. This publication is the living history 

of your JAG Corps, so please take ownership of it. As the 

Navy legal community continues to evolve, the JAG Magazine is more dependent than ever on your articles and photographs. Keep watch for any items of note, so we may publish them in your community magazine. RADM DeRenzi 

and I thank you for your commitment to serving our Navy 

and our Nation.
6 JAG Magazine - Winter 2010 

I

recently had the opportunity to 

be a part of an incredible legal 

team investigating the collision 

between USS Hartford (SSN 768) 

and USS New Orleans (LPD 18) 

in the Strait of Hormuz on March 

19, 2009. The investigative team 

was comprised of a diverse group 

of people who stretched from all 

reaches of the Navy: San Diego, 

Groton, Spain, and Bahrain. 

This was my first investigation 

of an incident of this magnitude: 

Hartford rolled nearly 85 degrees 

when it collided with New Orleans’ 

hull, causing her mast to be severely 

damaged and ripping into the fuel 

and ballast tanks on New Orleans. 

Almost miraculously, and a credit 

to the submarine crew’s meticulous 

stowage for sea, there were only a 

handful of minor injuries - the most 

severe being a broken finger. New 

Orleans was able to control flooding 

almost immediately and the only 

noticeable problem when I visited 

her three weeks after the collision 

was a slight list while she waited 

to undergo repairs in dry dock.

As with any investigation of this 

size, a legalman’s work is primarily 

administrative in nature, but as 

enlisted members we are called 

upon to provide “fleet” knowledge 

and experience. A commodore was 

assigned as the investigating officer 

(IO), assisted by a post-command 

submarine officer and a three-person 

legal team. Although the IO was 

the primary person responsible for 

most of the questioning, analysis, 

and writing, all of us were involved 

as valuable members of this team. 

Each of us was responsible for 

parts of the investigation and we 

were all asked to provide input, 

corrections, feedback, and critiques, which 

the IO took on board as the report moved 

forward. As the investigation wound down, 

I reflected on our valuable and rewarding 

month of work and some ideas on how 

legalmen can make a great contribution 

to the success of any investigation. 

Here are some areas to focus on.

Be informed

Seek out news articles when you 

hear of a major incident that involves an 

investigation. If you have the opportunity 

to work on an investigation, brush up on 

the investigation process before you show 

up on your first day. Read investigations 

into prior incidents if they are available. 

Be assertive

If you have an idea, or if you believe 

something isn’t there that should be, 

speak up. Many investigating officers 

will be receptive to your input. 

Be attentive

Attention to detail is critical when 

working on an investigation. Read through 

everything that crosses your desk! It may 

seem obvious but knowing the smallest 

details in a large document will save time 

rummaging through hundreds of pages. 

Be flexible

Working long days and odd hours 

is common when you’re working on 

By LN1 Karyn Sigurdsson

Region Legal Service Office Europe and Southwest Asia, Det Rota 

Legalman on the case

Investigating the collision between USS Hartford and USS New Orleans

a complicated investigation 

with a relatively short deadline. 

Be ready for anything! 

Be resourceful

Set up a supporting network 

immediately. Making contact 

with communications and supply 

departments will help you locate, 

access, and utilize resources that will 

be necessary for your investigation. 

Be organized

When you work on an 

investigation where there are 

many enclosures and references, 

organization is absolutely key. 

Most of all, be positive

The most valuable part of my 

experience was how intimately 

involved I was with this complex 

investigation. Participating in and 

observing the interview process, 

conducting research, gathering 

supporting documentation, writing 

the report, and organizing it all into 

a final product was an invaluable 

experience. As a legalman, this 

kind of opportunity is what 

provides us with the experience 

in assisting a future IO through 

his or her first investigation.

USS Hartford (SSN 768) at Mina Salman pier in Bahrain where U.S. Navy engineers and inspection teams assessed the damage 

that resulted from the collision with USS New Orleans (LPD 18). 
jag.navy.mil 7

As the end of another Chief Induction period comes to 

a close, I reminisce on my own 

experience during this time-honored 

tradition. This is a once-in-a-lifetime 

experience for the new chiefs and 

one that I hold very close to my 

heart. Each of these new chiefs will 

embark upon a new Navy. Our new 

chiefs will be looked upon as experts 

on the legalman rate, as well as Navy 

experts on traditions and history. 

Being “chief” is about the junior 

Sailors and helping them achieve 

their goals. It’s about those junior 

officers just coming in the Navy 

and acquainting them with how the 

Navy runs. The word “Sailor” is all 

inclusive; officers and enlisted. We, 

as chiefs, must impress upon all 

Sailors that we are one team, working 

together to achieve the command’s 

mission, the Navy’s mission. Once 

selected as a chief, we must change 

the way we do business. “Ask the 

chief” isn’t just a catchy phrase. 

Like most Sailors joining the 

Navy, I’d heard the word “chief” 

before, but reporting to my first 

command and seeing one in action 

was a whole different story. My first 

chief was a chief aviation structural 

mechanic and I was a yeoman working 

in student control at a helicopter 

squadron. This chief explained the 

Navy to me so I would succeed.

 I’m sure we all have stories such 

as this where a chief has made a 

significant impact in our lives and 

career. That, of course, illustrates even 

more why it’s important that these new 

chiefs continue to carry the torch. In 

doing so, they must ensure that we 

provide adequate training and guidance 

to our junior officers, preparing them 

for fleet billets. “Sailorization” isn’t 

limited to the enlisted ranks; it is 

paramount that it continues through 

the officer ranks. Exposing our 

officers to special programs, Career 

Development Boards, Perform to Serve 

and other career-defining programs 

and information is essential to making 

them well-rounded division officers 

and department heads. When a 

lieutenant from our command had 

the chance to be assigned TAD to the 

USS Makin Island for a couple of 

months, the only advice he received 

from his chief was to make contact 

with the command master chief and 

use the Chief’s Mess. That’s how 

important CPO leadership is.

 The role and responsibility 

of the chief were described 

well by Commodore Felkins, 

Commander, Fleet Training Group, 

Guantanamo Bay, Cuba, during 

a pinning ceremony in 1982. 

“You will, no doubt, encounter 

the prototypical ‘Salty’ ensign. 

He will be your nemesis. He will 

assert his authority. And you will 

support him. But after quarters 

is done, you will seek him out 

and attempt to set him right. If 

he is potentially a good naval 

officer, he will listen to you. If 

he is wise, he will seek your 

council. If he is none of these 

things it is your responsibility... 

indeed, it is your duty to confront 

him, and the consequences 

be damned. You must, when 

the time comes, be willing to 

put everything on the line. 

The role of the chief petty 

officer has been the same since 

the establishment of the chief 

petty officer rank in 1893, 

chiefs are charged with being 

the backbone of the Navy. 

Our call is to lead and train. 

In leading, we represent the 

anchors that hang from the bow 

of the ship. HELMSMAN, 

Full speed ahead! Hooyah!”

Anchors of leadership

By LNC Ursula Brown

Naval Legal Service Office Central

Congratulations

to the New Chief Legalmen

LNC Melissa Adams

LNC Richard Burgess

LNC Lesli Collazo

LNC Tawanica Davis

LNC Anthony Hernandez

LNC Marie Lewis

LNC Jeremy Lloyd

LNC Veda May

LNC Paul McCarthy

LNC Wanda Miller

LNC Lourdie Powell

LNC Marie Roman-Cardona

LNC Shawn Sargent

LNC Eric Smart

LNC Jacqueline Thompson

LNC Sandy Veit

LNC Bonnie Vermillion

LNC Sally Webster
8 JAG Magazine - Winter 2010 

In October 2009, the Department of Defense officially stood up the first “joint region”. 

The transition from Navy Region Marianas to Joint 

Region Marianas (JRM) has been no small feat, 

and there are lessons to be learned for all judge 

advocates as joint basing spreads Navy-wide.

Base Realignment and Closure (BRAC) 2005 

required that joint basing be implemented by Sept. 15, 

2011. It should be noted that joint basing is separate 

and distinct from joint combatant commands, created 

by statute under Title 10. Joint basing authority is 

granted by agreements between the services embodied 

in a interservice Memoranda of Agreement (MOA). 

BRAC 2005 noted that separate military departments 

were providing similar installation services in close 

proximity and identified 26 bases ripe for consolidation 

to gain efficiencies and eliminate redundancy. At each 

location, one military department is assigned the lead. 

Joint Basing Implementation Guidance was signed 

in January 2008 by the Deputy Secretary of Defense, 

identifying the consolidation of U.S. Naval Base Guam 

(NBG) and Andersen Air Force Base (AAFB) into 

JRM as one of several Phase I Joint Basing efforts. 

JRM combines the oversight of Navy and Air Force 

installations on Guam under one command, Region 

Commander, RDML Douglass T. Biesel. Prior to the 

creation of JRM, NBG reported via Commander, Navy 

Region Marianas to Commander, Naval Installations 

Command (CNIC), but AAFB reported along its own 

service lines. Now, both NBG and AAFB report 

via Commander, Joint Region Marianas to CNIC. 

Therefore, the Air Force’s 36th Wing Commander 

now also has two Navy hats: Deputy Commander, 

JRM, and Commanding Officer (CO), AAFB.

The MOA for JRM was signed in January 2009 by 

the Navy’s Vice Chief of Naval Operations and the 

Air Force’s Vice Chief of Staff. Per that MOA, the 

Navy is designated as the “supporting component” for 

installations on Guam and the Air Force is designated as 

the “supported component.” The supporting component is 

the lead military department responsible for the provision 

of installation management services to the supported 

component, who in turn is responsible for ensuring that the 

supporting component understands the assistance required. 

In January 2009, the Air Force began to transfer 

installation management functions to the Navy. The last 

Joint Region Marianas 

milestone on the path to jointness occurred in August 2009 

when OPNAVNOTE 5400 officially changed the name 

of Navy Region Marianas to Joint Region Marianas.

Shredding old letterhead is not the main implication for 

judge advocates during the transition. Staying abreast of 

legal developments during the creation of JRM has been 

and will remain critical to providing appropriate advice to 

the region commander. So far, most of the legal functions 

for the joint region implementation have been transferred 

to the Region Office of General Counsel (OGC) for fiscal, 

contracting and civilian personnel law functional practice 

areas. However, the uniformed judge advocates on Guam 

– the region staff judge advocate (SJA), base SJA and 

Naval Legal Service Office (NLSO) officer-in-charge – 

are increasingly involved to ensure an easy transition. 

The Air Force legal command structure resembles 

a region with a Region Legal Service Office (RLSO) 

and a Trial Defense Command. The 36th Wing’s legal 

office is comprised of all but one of the Air Force judge 

advocates on Guam – the lone judge advocate being the 

designated defense counsel. The other judge advocates 

are overseen by the 36th Wing’s SJA and provide services 

in seven sections: administrative law, adverse actions, 

military justice, environmental law/real property, 

labor law, contracts, and civilian prosecutions. Their 

administrative law section alone covers legal assistance, 

claims, ethics, health care issues and many other 

services typically covered by a Navy installation SJA. 

The Air Force does not have an OGC. By contrast, 

the Navy’s contracting, fiscal and environmental law 

functions are largely tasked to Navy OGC. On Guam, 

OGC has two more offices in addition to that at JRM 

– Region, Naval Facilities Engineering Command 

Marianas and the Joint Guam Planning Office. Each is 

heavily involved in the proposed military buildup on 

Guam. Thus Navy judge advocates and OGC attorneys 

should be cognizant of the Air Force’s organization 

and communicate and coordinate with their Air Force 

counterparts in their respective functional areas.

A Challenge and an Opportunity

By LCDR Heather Partridge

Naval Legal Service Office Pacific, Detachment Guam

Joint Region Marianas headquarters is located on Guam and is the first Department 

of Defense joint region on Guam. 
jag.navy.mil 9

The Air Force and Navy are similarly structured for 

UCMJ prosecutorial purposes. The 36th Wing legal 

office provides command services, trial counsel for 

courts-martial, and SJA advice to the GCMCA from 

one office as the Navy does from a RLSO. For Guam, 

those services are provided through RLSO Japan. 

One question considered was whether military justice 

services should be consolidated in areas affected by Joint 

Basing. For Guam especially, Joint Basing raises the 

question of whether the rules governing the provision 

of military justice need to be changed or whether the 

services should implement military justice MOAs. For 

now, it has been agreed that military justice issues will 

proceed along service lines. There are some authorities, 

however, that provide for joint military justice.

Rule for Courts-Martial 201(e)(2)(B) delegates to 

the Secretary of Defense the authority to empower 

commanding officers of a joint command or joint task 

force to convene courts-martial for the trial of members 

of any of the armed forces assigned or attached to a 

combatant or joint command. However, since a joint 

base or joint region is not truly a “joint command,” 

these authorities do not apply. If authority was created 

by statue or interservice memoranda for joint military 

cases, appellate review would remain service-specific 

in accordance with Article 17 of the Uniform Code 

of Military Justice (UCMJ), which states that review 

“shall be carried out by the department that includes 

the armed force of which the accused is a member.” 

Navy judge advocates are assigned as trial counsel, 

defense counsel and military judges to Marine Corps cases 

and as defense counsel to some Coast Guard cases. In this 

sense, the Navy is familiar with doing joint military justice 

cases. However, the Air Force has no similar experience. 

Given that Guam is 3,300 miles west of Hawaii and 1,600 

miles southeast of Japan, the Navy and the Air Force 

may cooperate further in the use of defense counsel, 

judicial assets and possibly prosecutorial services. Legal 

assistance services is another area ripe for consolidation 

and cooperation between the services on Guam.

Now that the 36th Wing Commander also wears 

two Navy hats, he will need legal guidance specific to 

the Navy for JRM or AAFB matters. The JRM MOA 

specifies that the 36th Wing SJA will continue to provide 

his legal support, but that it will be coordinated with 

the appropriate “supporting component” legal office 

on any matter having potential precedential value or 

region-wide impact. Thus, it will be essential for the 

JRM SJA to be engaged with the various “supported 

component” (Air Force) and “supporting component” 

(Navy) legal offices to ensure consistent advice is 

provided to Guam’s flag officers and base COs. 

Coordinating legal services is not limited to those 

provided to flag officers. The Air Force typically provides 

more narrow legal assistance services by attorneys who 

may also act as trial counsel, SJAs or special assistant 

U.S. attorneys. On the other hand, the Navy has three 

attorneys on Guam dedicated to legal assistance, personnel 

support and defense services. The Air Force normally 

provides a full-service tax center managed by a civilian 

hired temporarily for that specific function. The Navy 

normally provides a tax center that emphasizes self-service 

and that is managed by NLSO Pacific detachment Guam 

(PAC DET GUAM) and staffed entirely by volunteers. 

JRM may fund a civilian tax center manager for the 

2010 tax season to manage both installations centers. 

Air Force personnel can receive legal assistance at the 

NLSO PAC DET GUAM; likewise, Navy members receive 

some services from the Air Force legal office. In the 

past, few Sailors or Airmen ventured from the installation 

where they were stationed for legal assistance. Although 

the installations on Guam are just over 20 miles apart, 

travel time is often more than one hour. However, legal 

assistance is more likely to cross service boundaries with 

the integration of installation support services and the 

opening of the new JRM headquarters building (situated 

mid-way between NBG and AAFB) in the summer of 2010. 

Phase II of the joint basing initiative includes 

consolidation of Naval Station Pearl Harbor and Hickam 

Air Force Base, which becomes effective in October 

2010. Those installations share a fenceline, so legal 

assistance services for both the Navy and Air Force 

will be consolidated. There, the tentative agreement 

calls for the Air Force to cease legal assistance and 

instead to provide additional funding to NLSO Pacific 

Detachment Pearl Harbor to maintain a consistent level 

of legal assistance services to Air Force personnel. 

As the officer-in-charge for NLSO PAC DET GUAM 

and having served as the interim SJA for JRM from May 

to August 2009, I have had a unique perspective on how 

the joint basing initiative will affect the JAG community. 

Right now, with Phase I of BRAC 2005 still underway, 

perhaps there are more questions than answers. But how 

those questions are answered will affect each and every 

one of us in our ever-evolving role as advisors in the 

Department of Defense. Lessons learned from joint basing 

on Guam need to be analyzed and implemented throughout 

our community to ensure that the change takes place 

smoothly for the commands and personnel who depend on 

our advice and service to achieve their respective missions. 

Guam
10 JAG Magazine - Winter 2010 

JAG Corps moot court competition

The overall winner of the competition was Stetson University College of Law. Duke University School of Law received the best brief award. 

Additionally, Nicholas Mahrt of The University of 

Denver was recognized for best oral argument.

“The caliber of the competitors was just outstanding, 

and being able to interact with the JAG officers and learn 

about what they do on a day to day 

basis has been very exciting,” said 

Virginia Branham, a George Washington University law school student.

Twenty-three teams, representing a cross-section of the highest caliber and most diverse law 

schools, according to U.S. News 

and World Report, were selected 

to participate in the competition. 

“The unique thing about this competition is its national scope and its 

focus on military justice – there is 

not another competition like this in 

the country,” said the Deputy Judge 

Advocate General of the Navy, 

RADM Nanette DeRenzi. “Also, 

the thing that makes it truly a premiere event is the opportunity for 

the competitors to argue before sitting judges, because 

most moot competitions don’t offer that chance.”

To prepare for the competition, each team was given a 

record of appeal and tasked with writing an argument for 

the Navy-Marine Corps Court of Criminal Appeals. The 

problem was developed by LTJG Ian Maclean, Region 

Legal Service Office Southeast (RLSO SE), and featured 

the conviction of a Navy lieutenant 

commander for violations of Uniform 

Code of Military Justice article 

106a (attempted espionage), article 

95 (flight from apprehension), and 

article 112a (wrongful possession 

of a controlled substance). He 

was sentenced to a dishonorable 

discharge from the military, 53 years 

of confinement, and total forfeitures. 

The basis for the appeal were 

evidentiary rulings by the military 

judge suppressing physical evidence 

seized from a accused’s residence, 

refusing to suppress physical 

evidence seized from the vehicle, 

and refusing to suppress statements 

made by the accused to the Naval 

Criminal Investigative Service.

Law students sharpen skills at 

Teams from the best and most diverse law schools in the country argued over 

military justice in the Navy Judge Advocate General’s Corps inaugural 

National Moot Court Competition Nov. 12-14 at Naval Air Station Jacksonville, Fla. 

By Jen Zeldis

Public Affairs Officer

“The unique thing about 

this competition is its 

national scope and 

its focus on military 

justice – there is not 

another competition 

like this in the country,” 

said the Deputy Judge 

Advocate General 

of the Navy, RADM 

Nanette DeRenzi. 

Law students competed in the Navy JAG Corps moot court competition at Naval Air Station Jacksonville. The competition allowed the students to sharpen their legal skills before experienced 

judges. Front row: CAPT Bruce MacKenzie, Chief Judge of the Navy-Marine Corps Trial Judiciary; CAPT Paul Kiamos, Commanding Officer of Region Legal Service Office Southeast; James 

Gardner, Judge of the U.S. District Court for the Eastern District of Pennsylvania; Andrew Effron, Chief Judge of the U.S. Court of Appeals for the Armed Forces (CAAF); Charles Erdman, Judge 

of the CAAF; H. F. Gierke, Senior Judge of the CAAF; and CAPT Daniel O’Toole, Chief Judge of the Department of the Navy.
jag.navy.mil 11

across the country,” said 

RLSO SE Commanding 

Officer, CAPT Paul Kiamos. 

“What was accomplished 

was an event punctuated by 

an unparalleled assembly of 

practitioners and scholars 

in military jurisprudence. 

By balancing hospitality, 

professionalism, and logistical 

execution, RLSO SE 

hosted an event universally 

acclaimed as the premier 

military justice moot court 

competition ever undertaken. 

I could not be more proud 

of the RLSO SE team which 

planned, coordinated, and 

executed the 2009 Navy 

JAG Corps National Moot 

Court Competition with the 

utmost style and grace.”

The winning Stetson 

University College of Law 

team consisted of Joseph 

Etter, Amie Patty, Brice 

Zoechklein and team coach, 

Larry Miccolis. Duke 

University School of Law’s 

team included Andrew Shadoff and Greg Dixon.

Eight schools advanced to quarter-final rounds 

including Barry University, Duke Law, Florida 

A&M, University of Florida Levin College of 

Law, University of Houston Law Center, The John 

Marshall Law School, Southern University Law 

Center, and Stetson University College of Law. 

Other school participating included Benjamin N. 

Cardozo School of Law; Florida Coastal School of Law; 

George Washington University Law School; Georgetown 

University Law School; Georgia State University College 

of Law; Harvard Law School; North Carolina Central 

University - School of Law; South Texas College of Law; 

Texas Southern University Thurgood Marshall School of 

Law; University of Alabama School of Law; University 

of California Berkeley Law; University of Denver 

College of Law; University of Georgia Law; University of 

Southern California Law School; and Yale Law School.

“The problem that has 

been given to them is one 

that, although a military 

law specific topic, involves 

general constitutional 

principals of self 

incrimination and search and 

seizure,” said the Chief Judge 

for the United States Court 

of Appeals for the Armed 

Forces, Andrew Effron. “So 

they get to apply the legal 

skills they have learned in 

law school, have those skills 

tested in competition with 

other students, and have 

experienced judges ask them 

tough questions and evaluate 

them in oral arguments.”

The competition consisted 

of four full rounds and three 

final elimination rounds, 

with students arguing in front 

of a distinguished panel of 

judges, including a sitting 

federal district court judge, 

three sitting CAAF judges, 

and the Chief Judge of the 

Department of the Navy.

In all, more than 27 judges, both civilian and military, judged the oral arguments. They 

scored each round and provided substantive feedback to the students after every round.

Participating students also had the opportunity to learn 

about life in the Navy during visits to Patrol and Reconnaissance Squadron Five (VP-5) and USS The Sullivans (DDG 

68). Students interested in applying to the Navy JAG 

Corps had the chance to be formally interviewed and to network with judge advocates to learn more about the practice.

“I would definitely recommend this competition to 

other law students because I believe the additional preparation required for this competition is a great experience for anyone in law school, whether they are interested in becoming a JAG officer or not,” said Robert Williams, a Texas Southern University law school student.

Several months ago, the Navy JAG Corps’ RLSO SE 

hosted the first-ever Military Justice Regional Moot Court 

Competition. Six schools from within the Southeast 

Region competed and based on the success of that event, 

the JAG Corps decided to develop a national competition.

“Building upon the overwhelming success of that 

event, the Navy JAG Corps strove to expand the breadth 

and scope of this inaugural competition by planning and 

conducting an event to attract students and competitors 

from the finest and most diverse legal institutions from 

For more information about the 

competition, please visit the website at

 www.jag.navy.mil/nationalmootcourtcompetition.htm.

North Carolina Central University School of Law student Matt Reeder argues before 

a panel of military judges during the Navy's Judge Advocate General's Corps 2009 

National Moot Court Competition
12 JAG Magazine - Winter 2010 

Military Rules of Evidence 609

MRE 609 may conjure images of Meal Ready to Eat Number 609 - carnitas with black beans, 

rice and flan for desert, but today the topic is the other MRE, 

Military Rule of Evidence 609. In April 2006, Federal Rule 

of Evidence 609 was amended. That is not a misprint, we 

changed gears and brought up a distant cousin, the Federal 

Rules. We bring up the Federal Rules because of Military Rule 

of Evidence 1102. Yes, we changed gears again and are back 

to the Military Rules, but not 609 just yet - please read on, it 

will all make sense . . . promise! Military Rule of Evidence 

1102 provides that whenever a change to a Federal rule is 

implemented, the President 

must determine if the military 

rule should mirror the new 

Federal rule, whether it 

should remain the same, or 

adopt a variant of the new 

Federal rule. If 18 months 

pass and the President takes 

no action, the change to the 

Federal rule automatically 

applies to the military rule. 

The April 2006 change to 

Federal Rule of Evidence 609 

is now in effect with Military 

Rule of Evidence 609.

Somewhere out there is a scholar well studied 

in ancient Mayan calendars wondering why 

a Federal change in 2006 that automatically 

applied to the military rules in the fall of 2007 

is news in 2009. The Federal Register watchers 

out there know that the Joint Service Committee on 

Military Justice held the annual public meeting on Oct. 

29 where proposed changes to the Manual for CourtsMartial, including the new MRE 609, were open for public 

comment. Yes, the process from actual change to one that 

will appear in the Manual for Courts-Martial is slow, but the 

new rule will soon become part of the manual.

Military Rule of Evidence 609 governs the 

admissibility of prior convictions for impeachment 

purposes. The 

amendment substitutes 

“character for truthfulness” 

for “credibility” in the first 

sentence of MRE 609(a). 

There is not a lot of guidance 

out there on what exactly the 

difference would be between 

credibility and character 

for truthfulness, although 

the case law presents some 

interesting fact patterns. In 

particular, we recommend 

reading United States v. 

Quoc Nguyen, 542 F.3d 275 

Change to MRE 609 explained Practice Tips

I

s there an ATM without a machine . . . a BLT without 

tomato . . . a TV without a vision? Well it should come 

as no surprise that there is no such thing as nonjudicial 

punishment without awarded punishment. We frequently receive calls from the field inquiring whether 

it is permissible for a commanding officer to administer 

nonjudicial punishment at Captain’s mast in accordance 

with the Uniform Code of Military Justice, Article 15, 

and find a Sailor committed the charged offense, but 

award no punishment. So, here’s the simple answer to 

that question: No. 

If a command attempts to record a Captain’s Mast in 

a Sailor’s official record that resulted in no punishment, 

the Bureau of Naval Personnel will send it back to the 

parent command as a defective mast. Unlike at courtIs there such a thing as a “No-Punishment NJP?”

martial, “no punishment” is not an authorized punishment under Article 15. Accordingly, the Bureau of Naval 

personnel will not acknowledge a “no punishment” Captain’s Mast under any circumstances. If a commander 

wishes to hold mast, but decides not to award any punishment, the commander must dismiss the charges. 

When a commander already held Captain’s mast and 

did not award any punishment, can the mast be redone? 

There is no statutory prohibition, but we advise against 

it because it will not be an effective solution. A rehearing of a defective mast cannot result in the imposition of 

more punishment than was awarded at the first mast. If 

no punishment was awarded, a rehearing will be of no 

use because the commander will have no option but to 

award no punishment again - and another defective mast.

By LCDR Stacia Gawronski

Military Law (Code 20)
jag.navy.mil 13

By Jen Zeldis

Public Affairs Officer

60th anniversary of the 

Geneva Conventions stresses 

importance of Rule of Law

The Judge Advocate General of the Navy was one of three U.S. representatives at the 60th anniversary of the Geneva Conventions Sept. 26 at the United 

Nations Headquarters in New York.

VADM James W. Houck addressed dignitaries from 

around the world on behalf of the U.S. alongside State 

Department Legal Adviser Harold Koh and DoD General 

Counsel Jeh Johnson at the event hosted by Switzerland.

U.N. Secretary-General Ban Ki-moon focused on the 

Geneva Conventions as landmark principles written to protect individuals in time of war. He said they were a major 

advance in human rights, but the challenge today is to 

ensure they are respected and enforced.

“The adoption of the Geneva Conventions in 1949 was 

an attempt to defend our common humanity amid the inhumanity of war,” said Secretary General Ban Ki-moon. “Our 

challenge, as ever, is to translate those principles into realtime protection. Protection is vital.”

VADM Houck explained to those in attendance that he 

was there to speak for all U.S. military attorneys. 

“Our U.S. military attorneys, and those from many other 

nations as well, are fulfilling the spirit and letter of the 

Geneva Conventions every day in some of the most dangerous places in the world,” he said.

Noting the strong partnership the Department of Defense 

shares with other agencies in the U.S. government, VADM 

Houck said, “We are absolutely committed to fulfilling and 

implementing the Common Article III prohibitions on torture, as well as cruel, inhumane, and degrading treatment.”

International Committee of the Red Cross President 

Jakob Kellenberger said that the lack of political will was 

the single most important reason for ongoing unpunished 

violations in the many conflicts around the world. 

“On the 60th anniversary of the Geneva Conventions, I 

make a heartfelt plea to States and non-state armed groups 

who are also bound by their provisions, to show the requisite political will to turn legal provisions into a meaningful 

reality. I urge them to show good faith in protecting the 

victims of armed conflicts,” said Kellenberger.

He added that political will remained a decisive factor 

with whatever compliance mechanism was invented within 

the Geneva Conventions, or any other system.

This was the first in a series of meetings scheduled for 

the coming year intended to explore ways to strengthen 

implementation of the Conventions.

(1st Cir. 2008) as one of the more interesting 

fact patterns. A practice point for counsel, 

however, is that if the conviction is to be 

used for some purpose other than attacking 

“character for truthfulness,” it may come in 

under MRE 404(b), subject, of course, to the 

MRE 403 balancing test. Convictions need not 

comply with MRE 609 to be admissible to show a 

witness’s bias, prejudice, or ulterior 

motive. Also, prior convictions 

that might not otherwise be 

admissible may be admitted if 

the witness’s testimony opens 

the door to the evidence. 

Military Rule of Evidence 609(a)

(2) and Crimes of Dishonesty

 The 2006 amendment was 

intended to limit the convictions 

that are to be automatically admitted under 

609(a)(2). Rule 609(a)(2) mandates the admission of 

evidence of a conviction only when the elements of the crime 

charged required proof or admission of an act of dishonesty 

or false statement. Evidence that a witness was convicted 

for a crime of violence, such as murder, is likely not going 

to be admissible under Rule 609(a)(2), even if the witness 

acted deceitfully in the course of committing the crime. As 

previously noted, however, the evidence may be admissible 

under another rule. “Dishonesty or false statement” is 

commonly understood to mean “crimes such as perjury or 

subordination of perjury, false statement, criminal fraud, 

embezzlement, or false pretenses, or any other offense in the 

nature of crimen falsi, the commission of which involves 

some element of deceit, untruthfulness, or falsification 

bearing on the accused’s propensity to testify truthfully.” 

United States v. Noble, 754 F.2d 1324 (7th Cir. 1985), cert 

denied, 474 U.S. 818 (1985). If a conviction fits within 

the category of crimen falsi, it must be admitted under Rule 

609(a)(2), regardless of how the crime was actually charged. 

The amendment requires that the proponent have proof of 

the conviction such that it can readily be determined that the 

factfinder was required to find, or the defendant to admit, an 

act of dishonesty or false statement. In most instances, the 

statutory elements of the crime should indicate whether it is 

one of dishonesty or false statement. Where the dishonest 

nature of the crime is not apparent from the statute and the 

face of the judgment, a proponent may offer information such 

as an indictment/charge sheet, a statement of admitted facts, 

or jury instructions to show that the fact-finder had to find, 

or the defendant had to admit, an act of dishonesty or false 

statement in order for the witness to have been convicted. 

A more detailed analysis of this article can be found on 

the Code 20 web portal at Navy Knowledge Online.
14 JAG Magazine - Winter 2010 

The overall purpose of the Afghan National Army (ANA) Legal Development Training Team 

(LDTT) project was to develop capacity within the ANA 

to provide consistent, self-sustained, and accurate legal 

instruction. The long-term intent of the project was to 

have the Afghans use the baseline course to develop future 

instruction for Afghan legal officers, field commanders and 

soldiers. The target audience of the ANA LDTT training 

was primarily Afghan legal officers (Afghan lawyers and 

non-lawyers). Combined Security Transition Command 

– Afghanistan (CSTC-A) oversees a Rule of Law project 

within the Afghan National Army/Ministry of Defense 

(ANA/MOD) to develop a comprehensive legal officer 

training plan. The plan envisions covering many subjects 

of Afghan law. The execution plan consists of breaking the 

project into critical tasks. Outside consultants, both military and civilian, staffed the project and CSTC-A provided 

financial support to the project.

All of the command project members had at least ten 

years of individual military experience. Command team 

members consisted of judge advocates from the U.S. Navy, 

U.S. Marines, and Canadian Forces (Navy). In addition 

to legally trained personnel, Canadian Forces (Air Force) 

also provided a “training development officer” to round out 

the team. The sponsoring command temporarily assigned 

a junior reserve Army judge advocate to act as the project 

liaison. 

The development of an ANA basic legal officer course 

(BLOC) was the first significant step towards execution 

of the comprehensive legal officer training plan. The 

BLOC consisted of general Afghan legal principles, 

international and operational law, basic military justice, 

and administrative law. North American legal development 

training team (LDTT) members outlined courses based on 

Afghan legal principles. The Afghans further developed the 

course material for use in training. The BLOC occurred in 

several phases. 

Project Planning 

CSTC-A initiated and planned the project. However, 

the project execution fell primarily to the Canadian Forces 

Military Law Center, the Defense Institute of International 

Legal Studies, and an individual augmentee from the 

Center for Law and Military Operations (CLAMO).

Afghan National Army 

Site Visit

The purpose of the site visit was to introduce the comprehensive legal officer training plan concept to legal officers from the ANA and the Ministry of Defense. During the 

visit, North American LDTT military lawyers also evaluated the knowledge, skills and abilities of their Afghan 

partners. 

All LDTT members identified and agreed upon the 

subjects forming the BLOC. The BLOC list of subjects 

comported with the basic skill set required of an ANA legal 

officer to become minimally competent to perform his 

duties. Finally, during the site visit, LDTT organized teambuilding activities to build trust and unit cohesion.

Course Material Development 

The intent of the project planners was for LDTT team 

members to develop course material through independent effort from a distance. Project planners wanted team 

members to communicate and share ideas using Share Point 

computer software. LDTT members first gathered in Kingston, Ontario in August 2008 to plan the division of labor. 

A second site visit to Kabul occurred in October 2008. The 

primary purpose of this visit was to evaluate the course curriculum development. A third site visit to Kabul occurred in 

December 2008 to resolve issues related to the BLOC.

The length of the BLOC course is four weeks with no 

less than four hours of instruction per day. Development 

of the course material was primarily the responsibility 

of the Afghans. North American members of the LDTT 

helped spur the development of the lessons and provided 

mentoring and instruction to “Train the Trainer.”

Course Preparation and Implementation

In January 2009, Canadian forces arrived in Kabul to 

prepare the Afghan LDTT to deliver the ANA BLOC. 

The CLAMO representative arrived in February 2009. In 

March 2009, more than 60 ANA and Ministry of Defense 

legal officers attended the first ANA BLOC in Kabul. Eight 

Afghan instructors delivered over 225 hours of instruction. 

In total, the course took 30 calendar days to complete. The 

ANA Air Corps training center in Kabul hosted the training. The Afghan LDTT organized and coordinated significant events to include: opening and closing sessions, guest 

speakers, public affairs coverage, class schedule, lodging, 

meals, transportation, a final exam, graduation certificates, 

assembly of course books, and classroom facilities.

Post Basic Legal Officer Course

CSTC-A arranged for the Afghan LDDT to visit the U.S. 

Army Judge Advocate General’s Legal Center and School. 

By LCDR Theron Korsak

Center for Law and Military Operations

Legal Development Training
jag.navy.mil 15

The LDTT conducted analysis of each 

of the functional areas for which the ANA 

legal officers performed in the course of their 

duties. As a result, the LDTT identified the job 

requirements ANA legal officers and defined 

the requisite duties, tasks, skills and knowledge. They selected the BLOC lessons from 

general legal subjects, military justice principles and concepts, duties and functions of the 

ANA Command Investigation Division, and 

duties and functions of a staff judge advocate.

The Afghan National Army, CSTC-A and 

its coalition partners plan to use the BLOC as the training 

cornerstone for the ANA legal corps. The plan is for all 

ANA and MOD legal officers to attend the BLOC. A ANA 

Legal Training Directorate (LTD) may be stood up in 2010. 

The LTD hopes to affiliate itself with a U.S. or foreign military legal center for continued mentoring. The long-term 

goal is to create an ANA Military Law Center and School 

from the ANA LTD.

The first class of the 

Afghan National Army 

Basic Legal Officer 

course was a significant 

step in the overall legal 

officer training plan.

While in Charlottesville, Va., the Afghans attended actual 

classroom sessions and seminars, and received a lesson in 

teaching methods. Additionally, the CLAMO individual 

augmentee and the Afghan team conducted a post-course 

analysis of the ANA basic legal officer course. Afghan 

LDTT members traveled to Charlottesville to conduct a 

post-course analysis, reinforce learning and teaching material and to develop an action list for the next BLOC. 

The graduating class of the first Afghan National Army Basic Legal Officer class consisted of more than 60 Afghan National Army and Ministry of Defense legal officers. 
16 JAG Magazine - Winter 2010 

Upon learning that I was deploying with the Marines to Iraq, several people suggested that 

I periodically send updates on my 

experiences and those of the three 

other Navy IAs supporting II MEF 

in their upcoming deployment to 

Iraq. This is the first such report.

As you may recall, I 

volunteered for this IA while 

serving as the civil law department 

head at the Naval Justice School 

in Newport, R.I. The three Navy 

judge advocates serving with 

me are LCDR Joshua Nauman, 

Administrative Law (Code 13), 

LT Jared Edgar, Region Legal 

Service Office Southwest (RLSO), 

and LT Sean Thompson, RLSO 

 In December 2008, LCDR David T. Lee reported to Camp Lejeune. N.C., with three other Navy judge advocates. LCDR Joshua Nauman, LT Jared 

Edgar, and LT Sean Thompson. He joined II Marine Expeditionary Force (MEF) as an individual augmentee (IA) in support of its staff judge advocate, 

Col Dan Lecce. After initial training at Camp Lejeune, LCDR Lee accompanied the Command Element to Al Anbar Province, Iraq, where he provided 

legal support to the Commanding General, Multi National Force – West (MNF-W) from January to July 2009. Over the course of the deployment, he 

sent four e-mails to senior leadership, describing some of his experiences. The following is an edited summary of those e-mails:

Letters from the field

December 5, 2008

Camp Lejeune

February 20, 2009

Al Asad, Iraq

We keep a full schedule, generally 

working from 7:30 a.m. to around 9:00 

p.m., but with generous time allotted to 

PT, laundry, and chow. The good food 

at the chow hall helps give us the energy 

to work on our daily pull-ups in preparation for the upcoming Marine physical fitness test as we work towards 

Fleet Marine Force pin qualifications. 

LCDR Nauman is our chief of operational law and has two main collateral 

duties: assistant chief of detainee operations and Rule of Law attorney. These 

duties have him attending various planning meetings, providing operational law 

training, providing Rule of Law information up and down the chain of command, reviewing fragmentation orders 

and answering requests for information, 

and assisting with the release and reinMid-Atlantic. Except for LT Thompson, we all spent several 

weeks prior to the formal commencement of our IA working 

with the Marines. In August, we attended a preliminary oneweek legal conference with the prospective Multi-National 

Corps - Iraq (MNC-I) legal team. In October, we participated 

in a week-long mission rehearsal 

exercise, which is akin to a 

command and control exercise or 

joint task force exercise handling 

a river of legal issues in the midst 

of a kinetic war in Iraq. This past 

Monday, we formally reported 

on our IA, and have begun 

incorporating ourselves into the 

II MEF Forward legal team.

LCDR Nauman, LT Edgar, and 

I will be working directly on the II 

MEF forward staff judge advocate 

staff, under Col Dan Lecce and 

LtCol George Cadwalader. 

tegration of hundreds of legacy detainees in accordance with the new bilateral security agreement with Iraq.

LT Edgar is our primary watch 

stander in the MNF-W command operations center. He also has been serving 

as the MNF-W claims officer and assistant operational law attorney. As the 

staff judge advocate representative in the 

command operations center, LT Edgar 

is plugged into nearly every facet of 

MNF-W operations. LT Edgar is enjoying the professional challenge of the 

billet, as well as the opportunity to serve 

with the members of our sister service.

LT Thompson is serving as the senior 

trial counsel and military justice officer at the legal services support team. 

He has also become the point of contact for all requests for and processing of passports inside MNF-W in conjunction with the State Department. LT 

Thompson’s duty as senior trial counsel 

has called for him to undertake extensive travel to forward operating bases in 

Al Anbar Province, including a recent 

successful prosecution of a court-martial on board Camp Ramadi, resulting in a bad conduct discharge. LT 

Thompson is taking on the challenges 

that prosecuting courts-martial in a 

combat zone present, as well as soaking in the culture of the Marine Corps.

I am the chief of civil law, with a standard staff judge advocate’s practice of 

ethics, command services (summary 

court-martial reviews, regulatory interpretation of base instructions and general 

orders, etc.) and investigations. My most 

significant and challenging work has 

been with fiscal law on the proper use of 

the commanders’s emergency response 

program, Iraqi commander’s emergency 

response program, Iraqi security forces, 

and operations and maintenance funds. 

LCDR Josh Nauman, LCDR Dave Lee, LT Jared Edgar, and LT Sean 

Thompson at Al Asad Air Base, Iraq.
jag.navy.mil 17

We continue to tackle challenging issues across the legal 

spectrum, and have become fully integrated members of 

the staff. The four of us attached directly to MNF-W are 

redeploying shortly, each of us having earned the Fleet Marine 

Force Qualified Officer designation. LT French and LT Ben 

Robertson, as our TF-134 representatives, will continue working 

here with MNF-W, and expect to redeploy later this summer. 

LCDR Nauman, has focused on interpretation and 

implementation of the U.S./

Iraq Security Agreement. These 

efforts included review of 

fragmentary orders, revision of 

policy letters, participation in 

working groups, and provision 

of training to combat forces. 

LCDR Nauman was also 

instrumental in the revision and 

publication of updated rules 

of engagement for MNF-W. 

LT Edgar remained actively 

engaged in providing both 

operational and claims advice 

to MNF-W assets. As a member Letters continued on page 18

June 23, 2009

Al Asad, Iraq

We have hit our stride. We are 

tackling legal issues of which the focus 

is to maintain the substantial progress 

that has been made here in Anbar, and 

to support the Marines’ transition out 

of Iraq. The chow is still good, and we 

are all fully engaged in the Fleet Marine 

Force pin requirements, including 

successful Marine physical fitness tests 

by each of us (with an exceptional 

285 score by LCDR Nauman). 

LCDR Nauman remains busy 

with operational law training briefs 

and attendance at various boards and 

working groups, such as the weekly 

targeting board, the future operations 

planner’s meeting, and the operational 

planning team formed to re-write the 

MNF-W operations order. LCDR 

Nauman also formed and chaired a crossdiscipline working group to develop a 

contingency plan for the unlikely but 

serious event that an Iraqi police official 

attempts to arrest a service member or 

Department of Defense civilian. As 

April 30, 2009

Al Asad, Iraq

the resident expert on Rule of Law, 

LCDR Nauman attended a regional 

Rule of Law conference and initiated 

a weekly video teleconference to 

synchronize the efforts of subordinate 

judge advocates with the Department 

of State’s Provincial Reconstruction 

Team efforts -- a difficult interagency 

task. Finally, LCDR Nauman is 

heavily involved in a rewriting of the 

MNF-W rules of engagement and 

providing advice on implementation 

of the bilateral security agreement.

LT Edgar continues to remain 

plugged into nearly every aspect 

of legal issues under review by the 

MNF-W office of the staff judge 

advocate. LT Edgar recently traveled 

to a remote Iraqi village to pay several 

claims under the Foreign Claims Act. 

It was a great opportunity to interact 

with local Iraqis, while at the same 

time positively representing U.S. 

Forces. As the MNF-W assistant 

operational law attorney, LT Edgar’s 

unique background has enabled him 

to provide substantive guidance 

in the drafting of contingency 

plans and operational guidance in 

a post-security agreement Iraq.

LT Thompson has prosecuted four 

courts-martial, two of which have 

resulted in bad conduct discharges. Just 

recently, LT Thompson successfully 

prosecuted a contested special courtmartial which included members with 

enlisted representation. The charges 

involved an enlisted Marine assaulting 

a commissioned officer and using 

disrespectful language. LT Thompson 

secured convictions on both charges. In 

addition to his duties as trial counsel, LT 

Thompson continues to serve as a passport 

acceptance agent for the U.S. Embassy 

in Baghdad. The program has become 

a huge success on board Al-Asad and 

affords Marines the opportunity to take 

their R&R abroad while on deployment.

LT Tim French joined us in March as 

an embedded attorney from TF-134. LT 

French has seamlessly integrated himself 

into the MNF-W battle rhythm. He has 

completed legal reviews for all high value 

legacy detainees that were captured in 

MNF-W in support of the TF-134 mission. 

of the MNF-W combat operations center, LT Edgar 

continued to serve as the focal point for receiving and 

distributing information to the MNF-W staff and office of 

the staff judge advocate. LT Edgar recently attended an 

engagement with Iraqi officials at the Anbar operations 

center in Ramadi, Iraq to discuss the resolution of foreign 

claims as MNF-W continues to drawdown. LT Edgar’s 

guidance has been instrumental in the preparation of 

Coalition Forces as several key deadlines contained 

in the U.S./Iraq Security Agreement draw near.

LT Thompson continued to serve as the senior trial 

counsel and military 

justice officer for MNFW. He recently secured a 

conviction at general courtmartial involving possession 

of child pornography in 

theater. As military justice 

officer, he organized a basewide training symposium 

for command legal officers, 

adjutants, and their staffs.

LT French continued to 

provide crucial support of the 

LT Sean Thompson, LCDR Dave Lee, LT Jared Edgar, LT Tim French, and LCDR Rule of Law mission as an 

Josh Nauman at Al Asad Air Base, Iraq.
18 JAG Magazine - Winter 2010 

Sailors in Japan are subject to Japanese law during liberty hours spent offbase. However, the U.S.-Japan Status of Forces Agreement 

(SOFA) ensures service members are afforded certain due 

process rights if they run afoul of the Japanese legal system. 

The duty to protect the SOFA rights of our forward-deployed 

Sailors in Okinawa falls on the staff judge advocate (SJA)’s 

office for Commander, Fleet Activities, Okinawa (CFAO). 

The CFAO SJA’s office is comprised of a JAG Corps officer, 

a legalman chief, and two Japanese legal advisors (JLA). 

During my five-week Reserve duty as the staff judge 

advocate for CFAO in the summer of 2009, I had the 

privilege of working with the excellent legal professionals 

there to ensure our Sailors’ SOFA rights are protected. 

In a foreign criminal jurisdiction case, the CFAO SJA 

acts as the advisor to the command and interfaces with 

the military side. The JLA serves as the local subject 

matter expert and a bridge to the local authorities. The 

partnership between the American and Japanese legal 

professionals in the SJA’s office is key to our success.

The CFAO JLA responsible for foreign criminal 

jurisdiction is Mr. Akira Nonobe. A veteran JLA, Mr. 

Nonobe has been with CFAO since 1997. Prior to his 

tenure at CFAO, Mr. Nonobe worked at Naha District 

Public Prosecutor’s Office. An expert in Japanese 

criminal procedures and SOFA, Mr. Nonobe has handled 

numerous foreign criminal jurisdiction cases involving 

U.S. personnel during his tenure with CFAO.

A good example of this partnership in action is an 

incident that occurred in the early morning of July 4, 

2009. Around 0400 that day, a Sailor was arrested and 

detained by Okinawa police for drunken destruction 

of public property. Allegedly, the Sailor broke an 

One Reserve judge advocate’s experience with SOFA in JAPAN

By CDR Carrie Stephens

Navy Reserve Southwest

Letters continued from page 17 dence for Iraqi court and develop case 

leads for Iraqi law enforcement. 

I have also been fully engaged in 

base closure and retrograde efforts 

which have included real estate, environmental, and property disposition 

issues. Lastly, no staff judge advocate practice is complete without a 

full supply of ethics issues involving gifts, fundraising, endorsements, and commander’s coins.

I have no doubt that Navy judge 

advocates coming to relieve us will do 

well and have a rewarding experience. 

embedded attorney from TF-134. His 

efforts to scour the criminal files of 

high value legacy detainees for prosecution within the Iraqi criminal justice system have grown more prominent as the Marine Corps scales back 

its forces, operations, and presence 

in Iraq. LT French has also worked 

hand-in-hand with the Chief of Detention Operations and U.S. State Department Provincial Reconstruction Team 

on key Rule of Law issues in Al Anbar 

province. LT French will return to 

Naval Legal Service Office Europe 

and Southwest Asia later this summer. 

LT Robertson arrived in May 2009 

as the TF-134 offensive counterinformation liaison to the Joint Prosecution and Exploitation Team and 

the MNF-W staff judge advocate. 

He has completed legal reviews for 

those detainees designated as enduring security threats or dangerous radicals. Additionally, LT Robertson 

has worked directly with the Joint 

Prosecution and Exploitation investigators, helping them identify eviexit gate at a public garage owned by the City of 

Okinawa and refused a breathalyzer test after arrest.

Once the CFAO SJA’s office was notified of the arrest 

and detention, it swung into action. The command 

representative and I visited the Sailor at the Okinawa 

City police station within hours of his arrest and advised 

him of his SOFA rights. The Sailor told us that he simply 

lifted the garage door exit bar so he didn’t have to duck 

under it. And although he did break the gate, it was an 

accident. As for refusing breathalyzer, he merely requested 

a lawyer after the Japanese authorities arrested him. Thus, 

this looked like a case that could be resolved quickly.

While I was busy working with the Sailor’s chain of 

command, Mr. Nonobe contacted the Okinawa police 

and prosecutor’s office. He quickly learned that while 

this was a minor case, the local authorities were taking 

it seriously because they expect the highest standards 

of behavior from our service members. It appeared that 

the Sailor was going to stay in detention until the cost 

to repair the property damage had been paid. In light 

of this, Mr. Nonobe quickly reached the appropriate 

city official and secured a fair settlement proposal.

With the proposal in hand, the CFAO SJA’s office was 

able to work with the Sailor and his command to accept 

and effectuate the settlement quickly. Once the settlement 

had been paid, the Okinawa city police promptly released 

the Sailor. The prosecutor’s office indicated that they 

would no longer pursue the matter. The entire process from 

initial detention to resolution and release took seven days. 

While not as quick as we preferred, it was still significantly 

less than the maximum amount of time a Sailor can be 

detained without charges, which is twenty-three days.

While every Sailor should strive to be a model 

ambassador to our host country, service members 

should rest assured that they are never alone in 

the exercise of their rights under the SOFA.

Editors note: LCDR David Lee returned to the Naval Justice School in July 2009.
jag.navy.mil 19

The 2008 National Defense Authorization Act 

(NDAA) significantly increased the rights 

of wounded, ill, and injured service members (wounded 

warriors) during the disability evaluation process. Prior to the 

2008 NDAA, wounded warriors were provided legal counsel 

only at the final stage of the Disability Evaluation System 

(DES) when they reached the formal Physical Evaluation 

Board (PEB). The most important of these new rights is 

providing wounded warriors access to consult with a certified 

attorney at the earliest stages of the DES, well before the 

formal PEB hearing. Per the NDAA, attorneys who practice 

in this area must receive specialized training and must be 

certified by their service Judge Advocate General. This 

fall, Naval Legal Service Office 

North Central (NLSO NC) hosted 

its second training symposium 

on the DES, resulting in the 

certification of additional counsel. 

During the DES process, a 

service member’s case goes 

before several boards. The 

sequence of events in the DES 

process is the Medical Evaluation 

Board (MEB), the informal 

PEB, and the formal PEB. A 

Sailor or Marine who does not 

agree with the informal PEB’s 

decision may request a formal 

hearing before the PEB. Judge 

advocates at NLSO NC in Washington, DC are assigned 

to represent the wounded warrior before the PEB at a 

formal hearing held onboard the Washington Navy Yard. 

In February 2009, NLSO NC organized and provided 

the first training and certification program for 15 Navy 

and Marine Corps Reserve judge advocates who were 

activated for this specific mission. Most of the initial 

group of judge advocates have agreed to remain on 

active duty to continue serving in this vital role. 

Currently, activated Navy and Marine Corps judge 

advocates are serving at multiple NLSOs throughout the 

Wounded warriors get legal advice 

earlier in the process

By LT Dayton Krigbaum, and CDR Elizabeth C. Moores 

Naval Legal Service Office North Central

U.S. as Regional Advice and Assistance Counsel (RAAC). 

These Reserve judge advocates are providing invaluable 

representation to wounded warriors facing MEBs and 

IPEBs by assisting with hearing preparations, rebuttals, 

reconsiderations, and obtaining independent reviews. 

The Commanding Officer of NLSO NC, CAPT Rob 

Sanders, believes that representation by qualified attorneys 

at the earliest stages of the disability system is crucial 

to ensuring wounded warriors receive all the benefits 

that they are entitled to under both the military DES and 

the Veteran’s Administration process. CAPT Sanders 

ascribes the success of the program to the outstanding 

cooperation between RAACs and formal PEB counsel as 

wounded warriors progress through the DES process. 

The second four-day training symposium for the next 

group of activated reserve judge advocates consisted of 

presentations by over 20 experts 

with experience in various aspects 

of the DES. The presenters at 

this training symposium were 

from many organizations and 

agencies including the Bureau of 

Medicine and Surgery, U.S. Office 

of Personnel Management, the 

Social Security Administration, 

Navy Safe Harbor, the Wounded 

Warrior Regiment, the Veteran’s 

Administration, Navy PEB, the 

Office of the Judge Advocate 

General, the Council of Review 

Boards, and the Board for 

Correction of Naval Records.

At the conclusion of the first training symposium in 

February 2009, then-RADM Houck reminded the attendees 

of the significance of their new role as RAACs by reciting 

the statement by Secretary of Defense Robert Gates on the 

importance of caring for wounded warriors: “Apart from 

the war itself, we have no higher priority.” The second 

training symposium again emphasized this priority by 

preparing more judge advocates for the role of guiding 

wounded warriors through the disability process. 

“Representation by qualified 

attorneys at the earliest stages of 

the disability system is crucial 

to ensuring Wounded Warriors 

receive all the benefits that they 

are entitled to under both the 

military DES and the Veteran’s 

Administration process.” 
20 JAG Magazine - Winter 2010 

the morass of paperwork 

establishing a veteran’s disability status can be a daunting task for a wounded warrior. 

Baffling terms and overwhelming bureaucracy have often 

left many veterans without the benefits they are entitled to. 

“The disability determination process is both confusing and challenging,” according to reservist CDR Nicholas Murphy. “Obtaining evidence and understanding one’s legal rights are much easier when working with a qualified legal counsel,” he added. 

CDR Murphy is the Regional Advice and Assistance Counsel at Portsmouth Naval Medical Center in 

Virginia and is one of 14 Reserve judge advocates currently serving on active duty to assist the Navy’s wounded 

warriors. He and his colleagues are part of a specialized team devoted to shepherding the wounded, ill and 

injured through the disability decision gauntlet.

“Because the evaluation process is both legal and 

medical, it can become confusing quickly. Having lawyers involved on the ground floor, literally embedded in the hospitals, to clarify and advocate, is a major 

asset for a service member,” said CDR Murphy. 

The Physical Evaluation Board (PEB) is a fact-finding process comprised of two levels of boards, one informal and one 

formal, which review medical evidence and determine a person’s fitness for continued naval service. They evaluate all 

cases of physical disability in accordance with Secretary of the 

Navy Instruction 1850.4E (Disability Evaluation Manual) and 

provide a full and fair hearing as required by § 1214, Title 10 

United States Code (10 U.S.C 1214). On average, the Navy’s 

Physical Evaluation Boards process over 5,000 cases a year. 

Congressional Mandate

Authority to provide legal assistance to the Navy’s 

Wounded Warriors began with the 2008 National Defense 

Authorization Act. The Act, now known as Public Law 

110-181, specifically addressed the care and treatment of 

wounded, ill, or injured (WII) and was intended to establish 

uniform legal support standards and procedures for the 

physical disability evaluation system (PDES). These new 

standards include counsel training, limits on caseload, 

and earlier involvement by counsel in the process.

Last October, Under Secretary of Defense for Personnel 

and Readiness, Dr. David Chu, signed a policy memorandum 

entitling WII service members to the advice and advocacy 

of trained legal counsel earlier in the PDES process than 

previously permitted. The Navy then responded by recalling 

Reserve Component judge advocates to staff the billets needed 

to handle this additional counseling and assistance requirement. 

 “At that time, there was a perception that many disability cases were not being evaluated fairly or efficiently - a typical Navy case can take up to 300 

days and involve at least four appeals or requests 

for reconsideration,” CDR Murphy explained.

 The 2008 Act now requires that lawyers be available early in the process, not just near the end during 

the Formal Physical Evaluation Board phase. 

“This is an improvement over prior regulations 

because service members can have counsel at their informal PEB and can weigh whether their case should go 

through the formal PEB process,” said CDR Murphy.

The Mission

Helping wounded warriors navigate the disability 

system results in one of two outcomes: treatment and 

return to service or discharge and transition to veteran 

status. The seminal question becomes: is the Sailor or 

By LN1 Harrold Henck,

OJAG Reserve Public Affairs

Reserve judge advocate guiding wounded warriors 

through disability evaluations

Navigating
jag.navy.mil 21

ing expectations. Formal PEB findings are binding and 

we will provide candid advice to our clients regarding possible outcomes. If it goes to hearing, another judge advocate from Naval Legal Service Office North Central will 

zealously advocate before the PEB on their behalf.”

The Results

Advancements in medical technology and treatment have 

resulted in higher survival rates for those injured in combat. 

With fatalities down, however, the need for treatment, care 

and advocacy has increased. A large number of warriors are 

returning with significant mental health issues, including post 

traumatic stress disorder (PTSD) and substance abuse disorders. Since assuming his role as a disability advisory counsel, 

CDR Murphy has seen a variety of such cases – and successfully advocated for them all. His mere presence has made a 

major difference in the patient’s outcome more often than not.

CDR Murphy recalled the case of a Marine with a 

hole in his skull that was initially rated for bone injury, 

but in fact had all the symptoms of traumatic brain injury 

(TBI) and the Marine couldn’t remember dates:

“He had just 15 days to file an appeal to the informal findings and get the TBI rated. But for me tracking him down on the 15th day, he would have missed 

the deadline and been stuck with a low rating.” 

Other cases are more complex. CDR Murphy recounts 

the case of a combat-hardened bronze-star recipient dog handler (Master-at-Arms) out of Iraq who started self-medicating with cocaine for post traumatic stress disorder. 

“He attempted suicide by slitting his wrists, but happily, 

was not successful,” CDR Murphy recounted. “We were 

able to undo the disciplinary actions and have him honorably separated with a high rating and continued treatment 

for PTSD. It would have been a travesty if he was drummed 

out of the Navy with no benefits and no treatment.” 

Cases such as these are clear examples of how Reserve 

judge advocates are improving outcomes for the Navy’s 

Wounded Warriors. While many agencies and personnel are 

also working on the warrior’s behalf, the difference achieved 

here directly impacts the livelihood of those represented.

“This is what makes this work is so rewarding, because we win so many cases,” said CDR 

Murphy. “By win, I mean achieve a better result for 

the member than they were initially offered.”

Although his active duty orders are coming to an end, CDR 

Murphy is critically aware of the need and obligation for continued assistance to the Navy’s wounded, ill, or injured. 

“Anyone being evaluated through the PEB process 

is well-served by having an attorney at their side; someone who can advocate for deserved healthcare and monetary benefits,” said CDR Murphy. “I hope that efforts 

like these to support our wounded warriors will continue to be funded. Because, as (Defense) Secretary 

Robert Gates has stated, ‘apart from the war itself, we 

have no higher priority,’ and I couldn’t agree more.”

Marine fit for continued naval service? The possible 

answers: reintegrate, separate, or compensate. 

“It starts with a detailed application and is followed 

by complex appeals,” CDR Murphy said. “The assistance of an attorney in the process can be critical to ensuring the right determination and benefits, especially 

when dealing with Physical Evaluation Boards.” 

 Disability compensation is based on a scale that ranges 

from zero to 100 percent. The greater the disability rating, the 

more compensation the veteran receives. If the PEB determines a member is unfit to continue naval service, and finds 

them eligible for disability benefits, the same board can 

also determine the percentage of disability compensation.

“Because so much is at stake, advocacy matters: for a young 

Sailor, over a lifetime, a rating over 30 percent in a disability case can equate to over a million dollars in pay and health 

care benefits for him and his family,” CDR Murphy explained. 

The Process

In a perfect case, lawyers can review medical records and 

point out what the Navy considers a disability. They can 

also work with doctors to explore possible additional diagnoses. Getting a second opinion or working with a doctor 

to use words that have meaning under Veterans’ Administration Schedule of Disability Ratings (VASRD) is helpful. The process can sometimes be adversarial but is 

always in the best interest of the service member.

“All disability evaluation cases start in the hospital with medical boards and lawyers can be helpful at this 

stage as well. As patient advocates, we lawyers are generally not too concerned with staying popular with doctors and commands when it comes to the rights of individual service members,” said CDR Murphy. 

For example, service members going through the process have the right to ask for an impartial medical review 

and file a rebuttal to findings made by their doctors. This 

can occur as early as five days into the process. 

“We help with rebuttals at the informal boards and, if necessary, help educate commands on how to write a non-medical assessment,” CDR Murphy explained. “Our ultimate goal 

is to create and implement a plan to maximize the Sailor’s 

desired outcome (e.g., fit for duty, higher disability rating, service connection, combat-related designation, etc.) at the PEB.” 

Cases not resolved through the informal process can 

be appealed. Members found unfit to continue naval service by the informal PEB, can demand a formal hearing with a personal appearance. Such hearings are held 

before the formal PEB at the Washington Navy Yard, 

DC. If desired, Reserve judge advocates can help determine whether an appeal would be effective and assist the 

Sailor in gathering evidence and writing their plea.

“The formal PEB is the member’s opportunity, with 

the assistance of legal counsel, to present evidence, testimony, and documents in support of their case,” CDR 

Murphy explained. “Sometimes the job entails manag-
22 JAG Magazine - Winter 2010 

Fleet News

For four days, select members of Region Legal Service Office 

Southwest participated in a Lean Six 

Sigma project to answer the question “Do we know our customer 

and what our customer needs?” Mr. 

Bill Whitacre from the Office of the 

Judge Advocate General’s Division 

of Management and Plans (Code 

63) facilitated the project. 

Lean Six Sigma is a tool for process improvement. It is a blend 

of “lean” meaning high speed and 

low cost, and “six sigma,” which 

addresses culture and quality. 

Applying Lean Six Sigma to 

courts-martial, the team had to drill 

down to every step in the process 

from preferral of charges to disposition of a general court-martial. The 

team used a wall in the conference 

room to lay out the process. Each 

member of the team contributed by 

explaining another step or option.

Once the court-martial process 

was laid out the team focused on 

the Damage, Measure, Analyze, 

Improve, Control (DMAIC) project 

process. DMAIC helped the team 

analyze every step of the court-martial process and consider contingencies.

After the four-day process, the trial 

shop implemented new procedures to 

streamline the submission of cases to 

By LTJG Jenny Myers

Region Legal Service Office Southwest

RLSO Southwest takes on Lean Six Sigma

LT Tracy Kirby and LTJG Jasmine Scott discuss the court-martial process.

Naval Legal Service Office Southwest (NLSO SW) regularly 

volunteers at the annual San Diego 

County Vietnam Veterans Stand 

Down. This year, eight officers, sixteen enlisted and four civilian personnel from NLSO SW, along with nine 

legalmen from the fleet, participated 

in the twenty-first annual event in San 

Diego, Calif.

Twenty-one years ago, San Diego 

County developed Vietnam Veterans 

Stand Down, a program that works 

to resolve problems faced by homeless Vietnam veterans. The program 

has spread across the nation and now 

serves homeless veterans of all wars. 

NLSO SW participates in Operation Stand Down

By CDR Peter Galindez

Naval Legal Service Office Southwest

In 1989, San Diego instituted the 

first Homeless Court Program in the 

nation, a special Superior Court session held at local shelters for homeless defendants to resolve outstanding 

misdemeanor criminal cases.

 NLSO SW participated in 2009 

by assisting veterans with their pending misdemeanor cases, working to get 

the charges either reduced or dismissed 

by on-sight San Diego Superior Court 

judges. NLSO SW volunteers were 

heavily involved with the client interview process. Volunteers reviewed 

veterans’ pending charges, discussed 

the facts and circumstances of the 

cases with the veterans and worked to 

find persuasive arguments to get their 

charges reduced or dismissed.

“Participating at stand down was a 

very humbling and gratifying experience. I enjoyed listening to the veterans’ stories of their service,” said 

LTJG Julie Sherman-Dumais, a legal 

assistance attorney at NLSO SW. 

NLSO SW volunteers helped 140 

homeless defendants resolve over 580 

cases this year. 

“NLSO SW is a can-do command 

who made it happen and got the job 

done. I am so grateful for their participation,” said Jude Litzenberger, 

an organizer of the court at Operation 

Stand Down. NLSO SW’s participation was not only beneficial for the 

veterans, but also rewarding for the 

volunteers. 

Navy Region Southwest for referral to general court-martial. These 

procedures included case plans of 

action and elements charts that will 

assist the staff judge advocates at the 

Region to understand the case from 

the trial counsel’s point of view.
jag.navy.mil 23

Fleet News

The 7th Fleet (C7F) staff traveled 

to Busan, South Korea in August 

to participate in the 2009 Ulchi Freedom Guardian (UFG), an annual U.S./

Republic of Korea (ROK) exercise. 

UFG enables U.S. and ROK forces to 

train, evaluate, and enhance procedures 

and plans for conducting combined 

contingency operations in defense of 

the ROK. UFG was the second exercise in which the U.S. began to transition operational control (OPCON) of 

forces to the ROK military in preparation for complete OPCON transition 

in 2012. UFG allows U.S. and ROK 

forces to exercise new command and 

control structures and the attendant 

responsibilities of U.S. and ROK commanders under these new and innovative command relationships. 

The legal team provided VADM John 

M. Bird, Commander, U.S. 7th Fleet, 

and his subordinate operational commanders, with time-critical legal support 

in areas such as rules of engagement, 

targeting, law of the sea, and the law 

of armed conflict. UFG is a unique and 

rewarding exercise because it affords 

U.S. judge advocates an opportunity to 

mentor and train our ROK counterparts 

directly. While ROK judge advocates 

have traditionally played only a nominal role in operational law, one of the 

goals of the C7F legal team during UFG 

U.S. 7th Fleet participates in Ulchi Freedom Guardian

was to facilitate the integration of ROK 

judge advocates into the operational 

commanders’ decision-making process. 

Specifically, CDR Mark Myers served 

as the C7F legal liaison to the ROK 

Fleet Commander to assist the ROK 

judge advocates with any operational 

law issues that arose during the exercise. 

CDR Myers’ work with the ROK judge 

advocates was a pivotal part of this combined exercise, as he not only mentored 

ROK judge advocates but also ensured 

synchronization of effort between C7F 

and the ROK Fleet.

In addition, UFG 09 showcased the 

ability of the JAG Corps to execute 

coalition and joint operations, Reserve 

integration, and augmentation of forces 

(including judge advocates from Naval 

Legal Service Command, the Reserve 

community, and from other services) 

for worldwide contingency operations. 

The JAG Corps’ ability to respond to 

the needs of operational commanders is 

the hallmark of our salient support to the 

fleet. 

The legal team included CDR Chris 

French, CDR Mark Myers, CDR Shannon Kopplin, LCDR Dustin E. Wallace, LCDR Elysia Ng, LCDR Tahmika 

Jackson, LT Kevin Mejeur, LT Elizabeth 

Josephson, LT Brad Parker, LT John 

Battisti, LCDR Peter Bradford, LT 

Emily Dewey, and CPT Luke Tillman. 

By LCDR Dustin Wallace

7th Fleet

Participants of the annual U.S./Republic of Korea exercise in Busan, South Korea.
24 JAG Magazine - Winter 2010 

On April 29th, a group from the Navy-Marine Corps Appellate 

Review Activity visited Gettysburg 

National Military Park, led by a historian from the Center for Military History.

Upon arrival at the battlefield, the 

historian provided illuminating background information. He explained that 

after achieving a major victory at the 

Battle of Chancellorsville, Virginia, 

in May 1863, General Robert E. Lee 

led his Army of Northern Virginia into 

Pennsylvania, with the objective of 

achieving a decisive military victory 

that would end the war. In hot pursuit 

of Lee’s forces was the Union Army 

of the Potomac, commanded by General George Meade. The two armies 

ultimately collided northwest of the 

town of Gettysburg, and engaged in 

brutal fighting over the first three days 

of July 1863.

The JAG Corps group began the 

tour of the battlefield at the three 

ridges northwest of town — the site of 

the first day’s fighting. In great detail, 

the historian described the troop 

movements and clashes that occurred 

there, and how the fighting concluded 

with Union forces retreating through 

the streets of Gettysburg to take up 

defensive formations south of town.

Fleet News

The group then travelled to Little 

Round Top, the hill which marked the 

southern edge of the Union forces on 

the second day of the battle. From that 

vantage point, everyone could look 

north and truly appreciate the scope 

and scale of the entire battlefield. 

The judge advocates also stood atop 

the wooded hill where, after resisting 

several Confederate attacks, Colonel Joshua Chamberlain led the 20th 

Maine Volunteer Infantry Regiment

on a daring bayonet charge, saving the 

By LT Gregory Manz

Office of the Judge Advocate General (Code 45)

A lesson in history for Navy-Marine Corps Appellate Review Activity 

vulnerable left Union flank.

Moving down from Little Round 

Top, the group travelled to where the 

center of the Union army was positioned on the third and final day of the 

battle. At that location, the Union had 

successfully repelled General George 

Pickett’s Charge, which was a concentrated advance by 12,500 Confederate soldiers. In doing so, the Union 

achieved victory, and forced Lee to 

retreat south of the Potomac for good. 

Both sides suffered greatly, as the 

combined casualty total was upwards 

of 50,000 soldiers.

The final stop of the tour was Gettysburg National Cemetery and the 

site where President Abraham Lincoln 

delivered his Gettysburg Address. 

The trip to Gettysburg was an 

extraordinary experience, and everyone came away with a new appreciation for the bravery, heroism, and 

sacrifice of the soldiers who fought in 

the pivotal battle of the war.

Gettysburg National Military Park

Gettysburg National Military Park
jag.navy.mil 25

LN1 Shenika 

Mayes is one 

of the first Sailors and the first 

member of the 

JAG Corps community selected 

to participate in 

the Career Intermission Pilot Program. In the program’s 

inaugural year, LN1 Mayes joins 18 other 

selectees as they affiliate with the Navy 

Reserve and embark on the Navy’s “career 

off-ramp” for a period up to thirty-six 

months. LN1 Mayes has a packed agenda 

planned for her time away from activeduty commitments. Having already earned 

her Bachelor of Arts degree in Paralegal 

Studies from Roger Williams University, 

LN1 Mayes plans to fulfill a lifetime interest in forensic science by pursuing a forensics certificate, with plans to continue on 

to obtain a Master’s Degree.

What attracted LN1 Mayes to the 

Career Intermission Program? As a 

single mother of an infant with medical 

issues, LN1 Mayes was reluctant to leave 

the Washington, DC area and her child’s 

health care providers. She was also 

determined to be by her child’s side for 

required surgeries. LN1 Mayes was in 

the midst of planning a way ahead when 

she learned about the Career Intermission 

Program. 

Describing the program as a “godsend,” 

LN1 Mayes will have the opportunity to 

ensure her child is healthy prior to returning to sea duty, while at the same time 

advancing her studies and pursuing a lifelong fascination with crime scene forensics. 

Life/Work Balance

For more information about 

the JAG Corps’ Task Force 

Life Work Balance, contact: 

OJAG_ALL_TFLWB@navy.mil

For the fifth year in a row, Naval Legal Service Office 

Mid-Atlantic (NLSO Midlant) 

hosted the Legal Studies Internship Program for students attending First Colonial High School 

who are interested in pursuing 

a career in law. The four-week 

program began in July and ended 

with a graduation ceremony.

The students were required to 

work 50 hours in a legal environment as part of their unpaid internship. During their time at NLSO 

Midlant, the students received 

instruction in the areas of wills 

and estate planning, court reporting, prosecution and defense 

case preparation and court-martial procedures. The interns also 

observed a pretrial hearing, a 

general court-martial, toured an 

aircraft carrier (USS Harry S. 

Truman (CVN 75)), and visited 

the Naval Criminal Investigative Service (NCIS), where they 

learned about criminal forensics. 

They were also required to read 

The Caine Mutiny and discussed 

ethics with the Executive Officer 

CDR Tracy Riker.

LN1 Shenika Mayes selected for 

the Career Intermission Program

By CDR Jean Kilker

Navy Reserve 108

JAG Corps hosts Legal Studies Internship 

Program for local high school students

By Debra Parker

Naval Legal Service Office Mid-Alantic

LN1 Shenika Mayes

This year’s participants, led 

by their First Colonial instructor 

Mr. Ron Hopkins, were: Nicholas Waddell, Clay Jones, Thomas 

Wright, Nicholas Astin, and Josh 

Preputnik. 

When asked what he learned 

during his internship at NLSO, 

Clay Jones stated, “The Navy 

opened my eyes to the importance 

of being a good leader.” 

Josh Preputnik noted that, 

“LNC Lyons leads by example.” 

Nicholas Waddell stated, 

“Ethics and law go hand in hand. 

If you go with the law you are in 

good moral standing.” 

Thomas Wright stated he 

was “impressed with the way 

the attorneys are dedicated to 

the rights and privacy of their 

clients.” 

All of the students were 

particularly impressed with the 

Navy’s structure and rank system. 

CAPT David Wagner, NLSO 

Midlant commanding officer, 

was honored to welcome the 

legal studies internship students 

and hopes this command will 

continue this program next 

summer. 

Naval Legal Service Office Mid-Atlantic hosted a legal internship program for local high school students. 

Pictured from left to right, CAPT David Wagner, Nicholas Waddell, Debra Parker, Thomas Wright, Josh 

Preoutnik, Clay Jones, Nicholas Astin, CDR Tracy Riker, LNC(SW/AW) Craig Lyons, and LNCS(AW/SW) 

Warren Canady. 

Fleet News
26 JAG Magazine - Winter 2010 

Fleet News

Region Legal Service Office Southwest (RLSO SW) and Naval Legal Service Office Southwest (NLSO 

SW) hosted six law school students as part of the 

JAG Corps Summer Internship Program this summer. 

Throughout the summer the interns were exposed to a vide 

variety of experiences typical to the Navy judge advocates 

and legalmen. CAPT James Ryan, commanding officer 

NLSO SW, and CAPT Kirk Foster, commanding officer 

RLSO SW, encouraged the interns to learn about both the 

daily professional responsibilities of JAG Corps officers 

and the operational side of the Navy. 

The Student Internship Program places law students 

in JAG Corps commands in order to give them the 

opportunity to see first-hand the inner workings of the 

organization and to assist them in making an informed 

decision about whether the JAG Corps community is the 

place for them. 

RLSO SW hosted Tedmund Wan, a second year law student at Notre Dame; Wendy Gannon, a third year student at 

Thomas Jefferson School of Law; and Anne Siders, a third 

year student at Harvard Law School. The interns supported 

the prosecutors, local staff judge advocates (SJAs), and 

command services attorneys both at RLSO headquarters 

and surrounding San Diego bases. The students observed 

court proceedings, drafted legal pleadings, and provided 

research support. 

NLSO SW hosted Jessica Stone, a third year student 

at California Western School of Law; Benedict Valliere, a 

third year student at Villanova University School of Law; 

and Clay Shorrock, a third year student at Seton Hall UniLegal interns spend the Summer in San Diego

versity School of Law. The NLSO interns divided their 

time between assisting defense counsel in the trial shop and 

the attorneys in the legal assistance office. NLSO SW also 

hosted LTJG Todd Hutchins and LTJG Jessica Metcalf, surface warfare officers who have been accepted into the Legal 

Education Program. Before attending law school these officers were given the chance to experience the JAG Corps community. 

In addition to every day legal work, interns were invited 

on several “field trips” designed to expose them to various 

aspects of the Navy. Interns were given an up-close and 

personal look at the nuts and bolts of the military justice 

process during tours of the Miramar Consolidated Brig and 

Navy Drug Screening Lab at the Naval Medical Center. 

The interns became more familiar with the mission of the 

Navy through other field trips. They toured the submarine 

USS Jefferson City (SSN 759) where they learned about 

the capabilities and mission of the submarine, and the every 

day lives of its crew. While underway on USS Bonhomme 

Richard (LHD 6) for a Family Fun Day, the interns got to 

experience sea and anchor detail. While on board, they 

observed demonstrations of fire fighting, helicopter rescue, 

and hover crafts used for landing Marines. On another field 

trip, the interns got a feel for the special operations branch 

of the Navy with a tour of the Basic Underwater Demolition/

SEAL training facilities and Naval Special Warfare Group 

THREE at Naval Amphibious Base Coronado. Observing 

the Navy Seals training left a particular impression on Clay 

Shorrock. “Just seeing the obstacle course was impressive. 

And it reminds me why the JAG Corps is here; to help and 

support those troops.” 

For some, the experience has only reaffirmed their 

determination to join the Navy JAG Corps. 

Jessica Stone describes her summer as, “the most 

exciting internship I’ve ever had. It has made me 

want to be a part of the Navy more than ever. It’s 

been awesome!” 

For others, the internship represents a more 

exploratory step. Tedmund Wan had never 

considered joining the military until a school 

tour of public service jobs in San Diego, Calif., 

last winter suggested the possibility, “A summer 

internship with Navy JAG represents a chance 

to learn about the JAG Corps more in-depth, to 

compare the culture between the branches, and to 

dispel all the myths raised by popular television 

shows on the subject.” 

The JAG Corps may have six more applicants for the student accessions boards, but more 

importantly, there are six law school students who 

have a little better understanding of what it means 

to be a lawyer and an officer in the U.S. Navy. 

By Anne Siders 

Legal Intern, Region Legal Service Office Southwest

Interns Anne Siders, Tedmund Wan, and Wendy Gannon tour USS Jefferson City (SSN 759) with LCDR 

Brian Ellis.
jag.navy.mil 27

Fleet News

Diversity

To learn more and how you 

can get involved visit the JAG 

Corps Task Force Diversity NKO 

website, or contact 

OJAG_TF_Diversity@navy.mil

Since former President George W. 

Bush signed the Expedited Naturalization Executive Order in July 

2002, any service member who has 

served honorably in the U.S. Armed 

Forces during periods of military hostilities is eligible for expedited naturalization. Lengthy residency requirements and citizenship filing fees are 

currently waived; however, the process can still take a few months to 

complete. 

Region Legal Service Office 

Southwest (RLSO SW) has managed 

the naturalization program since 

its inception in October 2005 and, 

working in partnership with U.S. 

Citizenship and Immigration Services 

(USCIS), expedites the naturalization 

process for service members in the 

Navy Region Southwest area of 

responsibility.

Working together, USCIS and 

RLSO SW have conducted 16 military-specific naturalization ceremonies for more than 1,000 service 

members. RLSO SW has helped 

thousands of others who have been 

naturalized through the normal 

ceremonial process as well. Vicki 

Alba, RLSO SW’s citizenship program director, attributes their success to a proactive naturalization 

program, which is responsible for 

training 754 command citizenship 

representatives since 2001.

RLSO SW helps Sailors become U.S. citizens

By LN1 Jennifer Bailey, Navy Region Southwest and

Jessica Leas, Region Legal Service Office Southwest Student Intern

RLSO SW’s latest naturalization 

ceremony was held for 66 service 

members. The ceremony was held at 

Cabrillo National Monument, hosted 

by U.S. Citizenship and Immigration 

Services (USCIS). Cabrillo National 

Monument is situated in Point Loma, 

with panoramic views of the San 

Diego Bay and Pacific Ocean. 

The applicants for citizenship 

hailed from 24 countries throughout 

the world, and currently serve in four 

branches of the U.S. Armed Services. The greatest numbers were 

from the Philippines and Mexico. 

Many of the new citizens have been 

sacrificing for the United States for 

years with multiple deployments 

around the world. 

RADM “Gar” Wright, deputy 

commander, Navy Region Southwest, offered inspiring remarks to 

the new citizens. Along with his 

personal congratulations, RADM 

Wright expressed his amazement at 

the dedication of the Sailors, Soldiers, Airmen and Marines who 

served the U.S. even before becoming citizens.

“The men and women of RLSO 

SW are proud to play an instrumental role in helping our dedicated 

Sailors achieve the honor and privilege of American citizenship,” said 

CAPT Kirk Foster, commanding 

officer, RLSO SW. 

A naturalization ceremony was held for 66 service members at Cabrillo National Monument in San Diego, Calif.

Throughout the armed forces, Sailors, Marines Airmen, and 

Soldiers have become U.S. citizens 

through military service. Service 

members who become U.S. citizens 

enhance readiness by ensuring that 

undermanned rates requiring citizenship can be filled while maintaining diversity in the ranks. Diversity 

of thought, experience, background, 

and skill is essential to meeting mission readiness. 

In the forefront of helping Sailors 

become U.S. citizens, Region Legal 

Service Office Southwest (RLSO 

SW) oversees the naturalization program within Navy Region Southwest 

(COMNAVREG SW). With nearly 

356 commands represented by over 

383 Command Citizenship Representatives (CCR) needing training, 

RLSO SW’s Naturalization Division 

staff is constantly expanding training offered to CCR’s at installations 

throughout the Southwest region. 

In August, RLSO SW successfully provided training by video 

teleconference (VTC) from COMNAVREG SW’s conference room 

to three CCRs at NAS Fallon and 

three CCRs at Naval Base Ventura in 

addition to the eleven local CCR’s in 

attendance. By using VTC, RLSO 

SW has increased the efficiency of 

meeting the training needs of CCRs 

in outlying areas. 

U.S. citizenship 

training via VTC

By CAPT Ted Yamada

Region Legal Service Office Southwest
28 JAG Magazine - Winter 2010 

JAG leaders

Would you like to recognize an exceptional shipmate? 

Submit your command’s outstanding member and photos to 

natalie.morehouse@navy.mil

Epitomizing the Navy ethos, reservist LNC (SCW) Sally Webster 

is a standout leader at Region Legal Service Office Northwest. 

LNC Webster’s meteoric rise to chief petty officer is based upon her 

outstanding legal acumen, dedication to her shipmates, and leadership 

skills. 

Since affiliating with the Reserves in 2003, LNC Webster has 

accomplished great things, graduating first in her legalman course, 

graduating with high honors from the Legal Officer Course where 

she was the only enlisted student, receiving the Rear Admiral Hugh 

Howell Award of Excellence as the top Reserve legalman for 2008, 

and being selected for chief in only six years. Additionally, she 

earned significant praise and respect from her seniors, peers, and subordinates during a 15-month IA assignment with Naval Mobile Construction Battalion (NMCB) 18 to Iraq, where she was awarded her 

Seabee Combat Warfare qualification. 

 In her civilian capacity, LNC Webster is a supervising attorney 

with Microsoft Corporation practicing contract, international, and 

intellectual property law. She also volunteers with the Volunteer 

Advocates for Immigrant Justice, providing pro bono representation 

to indigent immigrants. 

LCDR Mei-Ling Amoy Marshall is currently assigned as the deputy staff judge advocate Commander, Navy Region Southwest and 

civil law department head at Region Legal Service Office Southwest, 

and was recently recognized by the Federal Asian Pacific American 

Council for outstanding military service. 

A natural leader and gifted mentor, LCDR Marshall is always 

available to address professional concerns and issues associated 

with striking a proper work-life balance, as well as merging cultural 

considerations with professional requirements. She demonstrates a 

deep sense of responsibility to set a positive example for others who 

desire to serve their country – including women, Pacific Americans, 

and Asians. Throughout her career, LCDR Marshall has actively 

mentored and advised young Sailors, junior officers, and civilians 

interested in joining the Navy. As an active duty female officer, 

wife of an active-duty naval officer, and mother; LCDR Marshall is 

specifically sought after by many junior Sailors and junior officers 

for guidance on how to “do it all” while serving in the United States 

Navy.

Shipmate Spotlight

LNC (SCW) Sally Webster

LCDR Mei-Ling Amoy Marshall
jag.navy.mil 29

Civilians

15
30 JAG Magazine - Winter 2010

JAG Corps 2020

A new approach to evaluating 

JAG Corps applicants

How many times have you heard a leader of an organization say, 

“our people are our most important 

asset?” Well, in the JAG Corps, our 

leaders say it, they mean it, and they’re 

willing to do something about it. 

However, as you would expect from 

seasoned lawyers, there is an important caveat -- it’s not just that people 

are important, it’s having the “right” 

people in our organization. The logic 

behind this statement is simple yet profound. As a Corps that exists to provide superb legal solutions to its clients, we can never be any better than 

the collective abilities of our personnel. This is why our efforts to recruit 

and retain the very best people and, 

more specifically, our leadership’s 

decision to develop and implement the 

new structured interview process are 

so important. 

As a service organization that provides legal solutions wherever and 

whenever required, our success or failure in the future will hinge on the ability and performance of the personnel 

we attract and select to join our Corps. 

Currently, attracting judge advocate 

applicants is most certainly not a problem, thanks to the hard work of all of 

our recruiting efforts. Recruiting has 

become an all hands effort within our 

community and these efforts have definitely translated into tangible results. 

According to the numbers provided by 

LCDR Megan Smith, our accessions 

detailer at PERS-4416 in Millington, 

Tenn. applications are up from 460 in 

FY08 to 923 in FY09. That’s right, 

roughly a 101% increase over the past 

year alone. 

However, attracting applicants 

is only half the battle. An equally 

important part of the formula that 

will drive our success in the future is 

selecting the “right” candidates from 

the increasing number of impressive 

applications we receive. This is where 

the decision to transition from our previous senior JAG appraisal process to 

the new structured interview process 

fits in. 

Many of you can probably recall 

your opportunity to sit down with a 

senior member of the JAG Corps for a 

Senior Appraiser interview. What you 

may not be aware of, unless you have 

been a member of our Corps for a while 

and have conducted these appraisals, 

is the tremendous amount of work 

that followed each of these seemingly 

informal interviews. In fact, even at 

our lower application levels of the 

past, the work was almost overwhelming. Each senior appraiser had to carefully craft a unique write-up that highlighted key aspects of each candidate 

for the Accessions Board. Accessions 

Board members would, as they still do, 

comb the complete application package, and carefully read the appraisal 

write-up to select the very best candidates. In addition to crafting these 

unique assessments to describe each 

applicant for the Accessions Board, 

the senior appraiser had to rank each 

of the applicants. This was a difficult 

and time consuming process. More 

importantly, it was a rather inconsistent process because even though there 

were recommended topics the conversation during each interview was free 

to go in any direction. Ultimately, 

there was not an equitable or consistent way for the Accessions Board to 

know how the applicants of different 

interviewers actually ranked against 

each other. 

In order to establish a more effective process, our leadership decided to 

make a bold change. With the help 

of a human resources expert, the JAG 

Corps explored innovative ways to 

increase the quality, fairness, and efficiency of applicant interviews. Under 

the new structured interview process, 

all applicants are asked a consistent 

set of job-related questions and their 

responses get evaluated against the 

same pre-determined answers, creating a systematic and standardized 

interview approach. Our leadership 

was very meticulous and careful to 

make sure we developed these questions and answers the right way. The 

responsibility of identifying the essential competencies and 

key behaviors of successful judge advocates was given to a 

working group composed of senior and 

junior judge advocates. 

Once these key behaviors were identified and 

fully vetted, the working group created questions and answers that 

provide each applicant a fair and uniform 

“Even though it’s only one facet of 

what we look at when reviewing an 

applicant, the structured interview was 

extremely helpful and definitely a more 

efficient and objective way to compare 

applicants. It was also very useful to get 

the perspective of more junior officers 

because in some respects they are more 

closely situated to the applicants.” 

--CAPT Stacy Pedrozo

By Special Assistant for Transformation Staff
jag.navy.mil 31

Special Assistant for Transformation (SAT) Staff

CAPT Mary Reismeier

(202) 685-7255 

mary.reismeier@navy.mil

CAPT Dawn Tompkins

(202) 685-7701

dawn.tompkins@navy.mil

LCDR Kimberley McCann

(202) 685-5185

kimberley.mccann@navy.mil

LT Dave Fink

(202) 685-5462 

david.w.fink@navy.mil

JAG Corps 2020

opportunity to demonstrate whether he or she possesses the qualities our Corps needs and our clients 

value. 

Current research proves structured interviews 

are a more reliable and effective tool in evaluating and comparing applicants. The uniformity 

of our new structured interview process ensures 

applicants are evaluated consistently regardless of 

who conducts the interview. But our leadership did not stop 

there – they also changed who in our community is eligible to conduct these structured interviews. Their desire for 

increased participation led to the inclusion of trained and certified active-duty judge advocates with at least two years in 

the Navy, and Reserve judge advocates (O-5 and above) who 

are selected and approved by the Judge Advocate General, 

Commander Naval Legal Service Command, and the Deputy 

Judge Advocate General for Reserve Affairs and Operations. Broadening the range of interviewers and requiring 

a team of interviewers is important because we now benefit from 

more hands on deck to handle the 

increased demand for interviews 

and growing interest in our Corps. 

Research shows that multiple interviewers minimize the risk of bias 

and provide better overall assessments. As a result, the new policy 

is that two certified interviewers 

will assess each applicant, and at 

least one of the interviewers must 

be an active-duty captain or commander (or lieutenant commander 

serving in a CO/XO billet). The 

second interviewer may be active 

duty, ranging in rank from captain 

to lieutenant, or a Reserve captain 

or commander. Given our operational demands and schedules, 

only one interviewer must observe 

the applicant while the other interviewer may participate by telephone. Ultimately, through these innovative changes and the 

new structured interview process, more judge advocates have 

the opportunity to help shape the future JAG Corps while 

increasing the quality, fairness and efficiency of how we 

assess new judge advocates.

Just recently, the new structured interview process proved 

to be extremely effective and was preferred over the old 

senior appraisal method by members a recent accession 

board in October 2009. At the October board, the members had the difficult task of selecting only 16 applicants 

from a highly qualified pool of 176 applicants. That’s 

right, a selection rate of 9%. According to CAPT Stacy 

Pedrozo, one of the board members, “Even though it’s 

only one facet of what we look at when reviewing an 

applicant, the structured interview was extremely helpful 

and definitely a more efficient and objective way to compare applicants.” CAPT Pedrozo also noted, “it was also 

very useful to get the perspective of more junior officers 

because in some respects they 

are more closely situated to the 

applicants.” CAPT Pedrozo’s 

point that the structured interview was only one factor the 

board used to evaluate each 

candidate should not be overlooked. Selection boards use 

the “whole-person” standard 

to find the best qualified applicants. While strong academic 

credentials are important, other 

factors including demonstrated 

leadership, motivation, personal integrity, and physical fitness are also considered. 

The structured interview 

process definitely played a role 

in selecting a very impressive 

group of applicants. However, 

we are still in the early stages 

of this new process. We are 

also exploring where we can go 

next. Perhaps our successful use of this process should 

not be limited to the officer community. We are already 

exploring the potential for a structured interview process 

to enhance our process for screening new civilian hires 

and legalman conversion candidates. Like everything 

else we do, we will improve with time and our leadership stands committed to monitor and study the results 

for potential enhancements as we go forward.

“...through these innovative changes and the new 

structured interview process, more judge advocates 

have the opportunity to help shape the future JAG 

Corps while increasing the quality, fairness and 

efficiency in how we assess new judge advocates.”
32 JAG Magazine - Winter 2010 

Spotlight On

One could never accuse CDR(Ret.) Ingrid Turner of lacking ambition. Just days after CDR Turner’s JAG 

Corps retirement, she was running for 

public office and three months later she 

was sworn into public office. 

In December 2006, CDR Turner 

became the first African-American representative for Maryland’s District Four 

on the Prince George’s County Council. 

CDR Turner is a graduate of the 

U.S. Naval Academy and she received 

an MBA from Golden Gate University 

in 1989. Then she completed her Juris 

Doctorate from Catholic University of 

America, Columbus School of Law in 

1993. 

CDR Turner’s first assignment 

after completing Naval Justice School 

Alumni

CDR Ingrid M. Turner

recommends, “To those who have 

decided to make the JAG Corps their 

career, take advantage of all the JAG 

Corps has to offer. Try to enjoy every 

moment of your time. It truly is the ride 

of a lifetime.” 

For judge advocates who have not 

yet decided on whether they will make 

a full career in the JAG Corps, CDR 

Turner advises, “Take advantage of the 

mentoring and camaraderie the JAG 

Corps offers.”

Find out what they are doing now! 

Alumni of the JAG Corps describe their current positions and what they did in the JAG Corps.

was at Naval Legal Service Office 

Southwest, where she served as the 

legal assistance department head and 

then senior trial counsel. She ended 

her 20 years of military service at 

the Washington Navy Yard where 

she served as director of Reserve 

and Retired Personnel Programs (Code 

62) at the Office of the Judge Advocate 

General. 

CDR Turner served as a judge 

advocate from 1993 to 2006, and during 

that time she witnessed the evolution 

of the role of women in the Navy and 

in the Navy JAG Corps. “I left a Navy 

that was more integrated and had greater 

opportunities for female advancement,” 

said CDR Turner. 

As for alumni advice, CDR Turner 
jag.navy.mil 33

move away from papal rule, a number of acts that recognized Royal Supremacy over the church were declared 

by Parliament. The Act of Succession was passed, which 

required anyone called upon to take an oath acknowledging 

the children of Henry and Anne as legitimate heirs to the 

throne. The Act of Supremacy placed Henry at the head of 

the reformed Church of England, which made it possible to 

annul his marriage to Catherine and validate his marriage to 

Anne. 

Act Two

Two years passed between act one and act two. The act 

opens with More’s decision to resign as Lord Chancellor. 

More could not accept the Act of Supremacy or Act of Succession. As far as More was concerned, the Act of Supremacy was not valid, nor was Henry’s marriage to Anne. 

 Even though More was no longer a public official, he 

was called to swear an oath to the Act of Succession. More 

accepted Parliament’s right to declare Anne the legitimate 

queen of England, but refused to take the oath or recognize 

the annulment of Henry’s and Catherine’s marriage. 

More was well known and respected which made his affirmation of Henry’s marriage and annulment critical to public 

support. When More asked Henry why his support was so 

important, Henry replied: “Because you’re honest... and 

what is more to the purpose, you’re KNOWN to be honest.... 

there’s a mass that follows me because it follows anything 

that moves. And then there’s you...”

More’s refusal to take the oath infuriated Henry, so much 

that More was indicted for treason. Unable to find a way 

to take the oath, More chose to remain silent regarding the 

Acts. According to More, English law interpreted silence 

as consent. Legally, as long as he never denied the oath, he 

could not be found guilty of treason. More’s silence was his 

way to avoid self-incrimination, in a way invoking the fifth 

amendment. In the end, he was found guilty of treason and 

beheaded. 

More held onto his convictions in the face of ruin and 

death. As an experienced judge and lawyer, More used his 

experience to defend not only himself and his family, but 

also his country and his church. 

By Robert Bolt

Book review provided by Natalie Morehouse 

Book Review

A Man for All Seasons

AMan for All Seasons, a play by Robert Bolt, takes place between the years 1529 to 1535, during the 

reign of the Tudors. The historical drama explores the 

struggles between lawyer Sir Thomas More and his king, 

Henry VIII and the religious and personal ethics that led 

to Sir Thomas More’s beheading in 1535.

Background

Henry became heir to the British throne upon his 

brother Arthur’s untimely death in 1502. Just months 

before his death, Arthur had married the Spanish princess Catherine of Aragon. In order to keep Catherine’s 

dowry, a marriage between Catherine and Henry was 

arranged. However, in order for Henry to marry Catherine (which defied biblical law in that she was his brother’s widow), a special dispensation to allow to them to 

marry had to be granted by the Pope. The dispensation 

was granted and Catherine and Henry were married in 

1509. 

The Man

A Man for All Seasons reflects Bolt’s portrayal of More 

as the ultimate man of conscience. As one who remains 

true to himself and his beliefs at all times, despite external pressure, More represents “a man for all seasons”. 

Bolt’s More is a man who gives up his life because 

he cannot sacrifice his own commitment to his conscience, which dictates that he not turn his back on what 

he believes is right. More refuses to betray his own conscience even when threatened with financial ruin and 

finally death. According to Bolt, the law held an important place in More’s conscience. Throughout the play 

More is trying to balance his respect for the law with his 

own personal beliefs. 

Act One

It’s 1529 and after 20 years of marriage, Henry had 

come to believe that his marriage to Catherine was sinful 

and that his not having obtained a male heir by her was 

evidence of Gods displeasure with the match. In order 

to marry Anne Boleyn, the young woman who would 

replace Catherine as his Queen, Henry appealed to the 

Pope for a dispensation of his former dispensation in 

order to annul his first marriage so he would be free to 

marry. By 1532, Henry had grown tired of waiting for 

the Pope to grant a dispensation and married Anne.

Soon after the marriage, Henry with the help of his 

advisor Thomas Cromwell began the process of breaking ties with the Catholic Church. In order to officially 

Read any good books lately? Tell us about it!

Submit a book review to 

natalie.morehouse@navy.mil.

“Be true to what you believe” 
34 JAG Magazine - Winter 2010

See your name in print! 

Submit your awards or achievements to 

natalie.morehouse@navy.mil

Milestones

Mr. Kyle Guess, an attorney for 

the Tort Claims Unit, Norfolk, was 

recognized by the Jacksonville Division of the Middle District of Florida as the Outstanding Civil Client 

Attorney for 2008. This award recognizes work done by agents and agency 

counsel in supporting the efforts of 

the U.S. Attorney’s Office. Mr. Guess 

was recognized for his assistance to 

the Jacksonville civil division in the 

defense of numerous complex Federal 

Tort Claims Act suits. He provided 

comprehensive litigation reports 

at the beginning of the cases that 

addressed the pertinent factual and 

legal issues. He then worked closely 

with the responsible Assistant United 

States Attorney to develop case strategy, respond to discovery requests, 

and evaluate cases for settlement. 

The U.S. Attorney for the Middle District of Florida, A. Brian Albritton, 

presided over the ceremony. 

CAPT Kevin Brew reenlisted LN1 

Sherrell Reed in the ceremonial Red 

Room of the U.S. Embassy Rome 

in front of a joint audience including officers and enlisted from the Air 

Force, Army, Navy and Marine Corps 

plus numerous Italian and U.S. civilian employees. LN1 Reed is assigned 

as the independent duty paralegal to 

the U.S. Sending State Office supporting the Office of Defense Cooperation, the Defense Attache Office, and 

our State Department colleagues.

Commodore, Maritime Expeditionary Security Group ONE, CAPT 

Gene Harr, presented LN1(SW) 

Edward Holland a plaque recognizing his selection as the Sailor of the 

Quarter for Maritime Expeditionary Security Group ONE. Maritime 

Expeditionary Security’s primary 

mission is force protection conducted 

through fleet support with operations 

around the world.

Reserve judge advocate CDR John 

Han received the 2009 Honor Award 

from the Bureau of Alcohol, Tobacco, 

Firearms, and Explosives for successfully prosecuting 14 members 

and associates of the violent international criminal organization known 

as MS-13. All 14 defendants pleaded

guilty to racketeer, influenced, and 

corrupt organizations (RICO) conspiracy and received lengthy prison 

sentences ranging from four years to 

life sentences. In his civilian capacity, CDR Han is a trial attorney for the 

Organized Crime & Racketeering section of the Department of Justice. To 

date, this case represented the most 

significant prosecution by the Department of Justice against the dangerous 

infiltration of violent organized crime 

groups into the heartland of United 

States.

VADM Mel Williams, Jr., Commander, U.S. 2nd Fleet and Director of Combined Joint Operations for 

the Sea Center of Excellence; Jimmy 

E. Love, acting director of Military 

Equal Opportunity; and VADM Jeffrey L. Fowler, Superintendent of 

the U.S. Naval Academy presented 

CAPT Robert A. Sanders with the 

NAACP Roy Wilkins Award at the 

NAACP centennial celebration. The 

Roy Wilkins Award recognizes measures service members take to procure civil and human rights for African Americans serving in the military.

LCDR Eric McDonald obtained 

the Master of Arts in National Security and Strategic Studies and the 

Diploma from the College of Naval 

Command and Staff in Newport, R.I.

Carrier Strike Group SEVEN 

flag legalman, LN1(SW) Kendra 

Walter, was awarded her Enlisted 

Surface Warfare Specialist (ESWS) 

pin on Sept. 30, onboard USS Ronald 

Reagan (CVN 76). As part of the 

Strike Group’s recent deployment, 

the ship spent more than two months 

in the U.S. 5th Fleet AOR supporting 

Operation Enduring Freedom, counterpiracy operations off the coast of 

Somalia and the Horn of Africa, and 

Maritime Security Operations.

RADM Steven Talson, the Deputy 

Judge Advocate General for Reserve 

Affairs and Operations, presented 

CAPT Joseph Twining with the 

Legion of Merit at the Military Law 

Training Symposium in San Diego, 

Calif. The award was a tribute to 

CAPT Twining’s performance during 

his six-year tenure as Reserve Law 

Program Manager and recognizes his 

major accomplishments throughout 

his career.

Commanding Officer, Naval Justice School, CAPT Michael Boock, 

presented Jim McFarland and Amit 

Shah with Federal Government Service Awards. Mr. McFarland has been 

a federal employee for 35 years with 

19 of those years working at the Naval 

Justice School. Mr. Shah has been a 

federal employee for 15 years with 11 

of those years working at the Naval 

Justice School.

 LT Chad Temple from Region 

Legal Service Office Northwest 

was selected as the 2009 Outstanding Navy Professional by the Kitsap 

County Bar Association and the Navy 

League. Among his many achievements while stationed in the Northwest, LT Temple provided outstanding services as both a defense attorney 

and prosecutor in numerous courtsmartial, mentored young attorneys, 

and provided valuable legal advice 

as the staff judge advocate for Naval 

Base Kitsap. 

Milestones
jag.navy.mil 35

Photos From The Fleet

Judge advocates attended training at Ft. Jackson, SC and Camp Virginia, Kuwait en route to Iraq and Afghanistan. Front Row (L-R) CAPT Ken O’Rourke (TF134), CDR Scott 

Thompson (CSTC-A); Back Row (L-R) Navy Chief (non-JAG), LT Bryan Tiley (USCG; TF134), LT Ben Robertson (TF134), LT Lauren Faust (TF134), LT Mike Johnson (TF134). 

LT John Butler (NLSO SW, deployed to Afghanistan, assigned 

to RC SOUTH) with Secretary Mabus. LNC Michael Stephens, LT Justin Boyd, LCDR Todd Kline, and LT Liam Connel after they ran in the 20th 

edition of the “Recorrido Atletico” on the Costilla beach in Rota, Spain. 
Office of the Judge Advocate General

Public Affairs Office

1322 Patterson Ave., SE, Suite 3000

Washington Navy Yard, DC 20374-5066

LNC Michael Stephens, LN1 Karyn Sigurdsson (front row/left), LN2 Alexandria Scardino (back row/left) and LN2 Debra Glaspie (back row/right) all members of Region Legal Service Office 

Europe and Southwest Asia Detachment Rota, Spain, on board the USCGC EAGLE during their port visit here in Rota, Spain.