A. Conduct a study of “the policies and management and organizational practices of the Navy and Marine Corps with respect to the responsibilities, assignment, and career development of judge advocates for purposes of determining the number of judge advocates required to fulfill the legal mission of the Department of the Navy.”
1. “One Mission, One Team: A 21st Century Strategic Vision for Legal Support in the U.S. Department of the Navy”
2. CNA Study, An Analysis of Navy JAG Corps Future Manpower Requirements
a. Part 1: RLSOs and NLSOs, Feb. 2008.
b. Part 2: OJAG, Embedded SJAs, NJS, and Reservists, April 2008.
c. CNA Study, Levels of Service Options for the JAG Corps: Personnel-Mission Tradeoffs, May 2008.
d. CNA PowerPoint Presentation, JAG Corps Functional Assessment.
3. Marine Corps Legal Services Strategic Action Plan 2010-2015
a. Annex A – Military Justice
b. Annex B – Administrative and Civil Law
c. Annex C – Operational Law
d. Annex D – Personal and Family Legal Assistance
e. Annex E – Legal Administration
f. Annex F – Manpower
g. Tab 1 – CMC General Van Ryzin, Marine Corps Legal Services Study (May 1969)
h. Tab 2 – Marine Corps Center for Lessons Learned, Legal Services Support to Operational Commanders (3 May 2006)
i. Tab 3 – CMC General Gray, Jr, Legal Services Support Master Plan 1990-2000 (21 Dec 1989)
j. Tab 4 – Draft SECNAVINST 5430.27D, Responsibility of the Judge Advocate General of the Navy and the Staff Judge Advocate to the Commandant of the Marine Corps for Supervision and Provision of Certain Legal Services
k. Tab 5 – U.S. Marine Corps, Operational Handbook 4-10, Legal Services Support (31 Jan 1984)
4. [Placeholder for JAG Brief]
5. [Placeholder for SJA to CMC brief]
6. Navy JAG 2020
B. The emergent operational law requirements of the U.S. Navy and the U.S. Marine Corps, including requirements for judge advocates on joint task forces, in support of rule of law objectives in Iraq and Afghanistan, and in operational units;
1. DoD Directive 2311.01E: DoD Law of War Program
2. SECNAVINST 3300.1C: Department of the Navy Law of War Program
3. MCO 3300.4: Marine Corps Law of War Program
4. Marine Corps Warfighting Publication 4-11.8: Services in an Expeditionary Environment (2001)
5. Walter G. Sharp, The Warfighting Role of the Marine Judge Advocate, Marine Corps Gazette, Feb. 1996, at 18.
6. Raymond E. Ruhlmann II, The Battalion Judge Advocate, Marine Corps Gazette, Mar. 2007, at 40.
7. Thomas A. Wagoner, Marine Operational Law, available at https://feedback.mca-marines.org/gazette/06wagoner.asp (last visited Aug. 10, 2010).
8. Thomas A. Wagoner, Update on Marine Operational Law, Marine Corps Gazette, Mar. 2007, at 38.
C. New requirements to support the Office of Military Commissions and to support the disability evaluation system for members of the U.S. Armed Forces;
1. Regulation for Trial by Military Commissions (April 27, 2007)
2. Manual for Military Commissions (2010 Edition)
3. SECNAVINST 1850.4E: Department of the Navy Disability Evaluation Manual (30 April 2002)
4. Policy Memorandum on Implementing Disability-Related Provisions of the National Defense Authorization Act of 2008 (Pub L. 110-181)
D. The judge advocate requirements of the Department of the Navy for the military justice mission, including assignment policies, training and education, increasing complexity of court-martial litigation, and the performance of the U.S. Navy and U.S. Marine Corps in providing legally sufficient post-trial processing of cases in general courts-martial and special courts-martial;
1. Report on the State of Navy Military Justice, 1 July 2009.
a. CAPT O’Toole ltr 5810 Ser 08/001 of 31 July 2009 w/ FIRST ENDORSEMENT
b. Plan of Action and Milestones
c. Introduction and Table of Contents
d. Report
2. Annual Report of the Code Committee on Military Justice (CAAF Annual Reports)
a. For the Period October 1, 2008 to September 30, 2009
b. For the Period October 1, 2007 to September 30, 2008
c. For the Period October 1, 2006 to September 30, 2007
d. For the Period October 1, 2005 to September 30, 2006
e. For the Period October 1, 2004 to September 30, 2005
f. For the Period October 1, 2003 to September 30, 2004
g. For the Period October 1, 2002 to September 30, 2003
h. For the Period October 1, 2001 to September 30, 2002
i. For the Period October 1, 2000 to September 30, 2001
j. Fiscal Year 2000
i. Annual Report of the Judge Advocate General of the Navy
ii. FY 2000 U.S. Navy/Marine Corps Military Justice Statistics
iii. Annual Report of the Judge Advocate General of the Army
iv. FY 2000 U.S. Army Military Justice Statistics
v. Annual Report of the Judge Advocate General of the Air Force
vi. FY 2000 U.S. Air Force Military Justice Statistics.
3. United States v. Foster, No. 200101955, 2009 WL 382002 (N.M.Ct.Crim.App. Feb. 17, 2009).
4. MARADMIN 062/10: Implementation of Case Management System for Courts-Martial (1 Feb 10)
5. Marine Forces Reserve Legal Services Support Section (MFR LSSS)
a. MFR Operation Order (0001) Establishment of the MFR LSSS (16 Dec 03)
b. Point Paper: Marine Forces Reserve Legal Services Support Section (16 Dec 09)
c. MFR LSSS Brief (19 Dec 2009)
d. MFR LSSS Brief (March 2010)
E. The role of the Judge Advocate General of the Navy, as the senior uniformed legal officer of the Department of the Navy, to determine whether additional authority for the Judge Advocate General over manpower policies and assignments of judge advocates in the U.S. Navy and U.S. Marine Corps is warranted;
1. Statutory and Regulatory Authorities Matrix with Hyperlinks
2. U.S. Navy Regulations, Chapter 3: The Secretary of the Navy
3. U.S. Navy Regulations, Chapter 10: Precedence, Authority, and Command
4. U.S. Navy Regulations, Chapter 11: General Regulations
5. SECNAVINST 1401.3A: Selection Board Membership
6. SECNAVINST 5430.7Q: Assignment of Responsibilities and Authorities in the Office of the Secretary of the Navy
7. SECNAVINST 5430.25E: The General Counsel of the Navy; Assignment of Responsibilities
8. SECNAVINST 5430.27C: Responsibility of the Judge Advocate General of the Navy and the Staff Judge Advocate to the Commandant of the Marine Corps for Supervision and Provision of Certain Legal Services
9. Independent Review Panel to Study the Relationships Between Military Department General Counsels and Judge Advocates General (“574 Panel” Report), Sept. 15, 2005.
10. Commandant of the Marine Corps Memorandum for the Secretary of the Navy dtd 25 Apr 1994, Marine Nominees for Appointments to be the Judge Advocate General and the Deputy Judge Advocate General
11. Navy Judge Advocate General Memorandum for the General Counsel of the Navy dtd 22 May 1995, Marine Nominees for Appointment to be the Judge Advocate General and Deputy Judge Advocate General of the Navy
12. Navy Judge Advocate General Memorandum for the Principal Deputy General Counsel of the Navy dtd 4 Mar 1996, Proposed Legislation to Modify Statutes to Select the Judge Advocate General of the Navy and the Staff Judge Advocate to the Commandant of the Marine Corps
13. General Counsel of the Navy Memorandum for Secretary of the Navy, Under Secretary of the Navy dtd 9 May 1996, Marine Corps Nominees for Appointment as the Judge Advocate General and Deputy Judge Advocate General of the Navy
14. MPP-34 Information Paper: Chronology of the Assistant Judge Advocate General (Military Law) Billet
15. Precept Convening an FY-10 Selection and Continuation Board to Recommend a Navy Judge Advocate on the Active Duty List in the Regular Grade of Captain for Detail as Assistant Judge Advocate General of the Navy
16. Precept Convening an FY-11 Selection and Continuation Board to Recommend a Navy Judge Advocate on the Active Duty List in the Regular Grade of Captain for Detail as Assistant Judge Advocate General (Civil Law) and Assistant Judge Advocate General of the Navy
F. Directives issued by the U.S. Navy and the U.S. Marine Corps pertaining to jointly-shared missions requiring legal support;
G. Career patterns for U.S. Marine Corps judge advocates in order to identify and validate assignments to non-legal billets required for professional development and promotion;
H. Other matters and materials.
1. 506 Panel Materials
a. Charter, Independent Panel Review of Judge Advocate Requirements of the Department of the Navy
b. Panel Ethics Brief, 5 August 2010
c. RFI to Army Chief of Staff dtd 10 Aug 2010
d. RFI to Air Force Chief of Staff dtd 10 Aug 2010
e. RFI to CNO dtd 10 Aug 2010
f. RFI to Navy JAG dtd 10 Aug 2010
g. RFI to CMC dtd 10 Aug 2010
h. RFI to SJA to CMC dtd 10 Aug 2010
i. RFI to Coast Guard Commandant dtd 10 Aug 2010
i. Attachment
j. RFI to Army General Counsel (Acting) dtd 20 Aug 2010
k. RFI to Air Force General Counsel dtd 20 Aug 2010
l. RFI to Navy General Counsel dtd 20 Aug 2010
2. Navy-Marine Corps and DoD Materials
a. DoD Active Duty Military Personnel by Rank/Grade
i. September 1999
ii. September 2000
iii. September 2001
iv. September 2002
v. September 2003
vi. September 2004
vii. September 2005
viii. September 2006
ix. September 2007
x. September 2008
xi. September 2009
xii. June 2010
b. Deputy Under Secretary of Defense (Military Personnel Policy) Memorandum for Assistant Department Secretaries (Manpower and Reserve Affairs) dtd 19 Mar 2010, Officer Selection Board Policy and Procedures
c. Judge Advocate General of the Navy Memorandum for Assistant Secretary of the Navy (Manpower and Reserve Affairs) dtd 28 Apr 2010, Officer Selection Board Policy and Procedures
d. Acting Assistant Secretary of the Navy (Manpower and Reserve Affairs) Memorandum for Deputy Under Secretary of Defense (Military Personnel Policy) dtd 30 Apr 2010, Officer Selection Board Policy and Procedures
3. Navy Materials
a. OPNAVINST 1000.16K: Navy Total Force Manpower Policies Procedures
4. Marine Corps Materials
a. Marine Corps Manual
b. MCO P5800.16A: Marine Corps Manual for Legal Administration (LEGADMINMAN)
c. 2005 SJA to CMC Strategic Planning Panel Report
d. CNA Study, Analyses of the Marine Corps Officer Manpower System: Final Report, May 2006
e. SJA to CMC ltr 5311/JAS dtd 30 Mar 09, Judge Advocate Division Uncompensated Structure Request and Justification for the 2009 Uncompensated Review Board
f. SJA to CMC ltr 5311/JAS dtd 22 Apr 08, Judge Advocate Division Uncompensated Structure Request and Justification for the 2008 Uncompensated Review Board
g. MARADMIN 276/10: Implementation of Command Inspections of SJA Offices, Law Centers, and Legal Service Support Sections (15 May 10)
h. MARADMIN 579/09: FY10 College Degree Program and Law Education Programs Selection Board (25 Sept 09)
i. MARADMIN 615/10: FY10 Law School Education Debt Subsidy (LSEDS) Program (16 Oct 09)
j. FY10 Return to Active Duty Board
i. MARADMIN 005/10: Convening of the FY10 Return to Active Duty Board (5 Jan 10)
ii. MARADMIN 296/10: Convening of the FY10 Return to Active Duty Board Number 2 (24 May 10)
iii. MARADMIN 386/10: FY10 Return to Active Duty Board Results (14 Jul 10)