Soldier s Training Manual

Transcription

1 Soldier s Training Manual Paralegal Specialist 27D The Judge Advocate General s Legal Center and School 600 Massie Road Charlottesville, VA APRIL 2011

2 This publication is available for download from JAGCNet (

3 Introduction Chapter 1 The Basics Chapter 2 Military Justice Chapter 3 Legal Assistance Chapter 4 Claims Chapter 5 Administrative Law Chapter 6 Operational Law Appendix References Table of Contents Table of Contents i

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5 Introduction This training manual is a compilation of various subjects designed to assist Paralegals in accomplishing their daily duties. The information contained herein has been derived from various sources which include but are not limited to; Army Regulations, Field Manuals, the Operational Law Handbook, SOPs, and input from professionals within the field. This manual can be used as a training guide but in no way encompasses all tasks associated with being an Army paralegal. Many of the manual s Tasks have Performance Measures which are designed to test a Soldier s knowledge about a specific subject; however, not all Tasks have Performance Measures. In addition to the standard Task style lessons, there are a few information papers designed to help explain certain topics. This manual is designed to be a supplement to your resource library. Specific guidance on how to implement this training manual into your local training program is at the sole discretion of leaders at the local level. The intention of this manual is to provide all skill levels with a general understanding of the topic being presented. There are many examples of how to properly fill out forms, reports, and memorandums. The 27D Soldier s Manual is a tool to be used by all paralegals. This manual can be used as a standalone training tool, or can be used to compliment a more in depth block of instruction. Information in the legal field changes frequently. Paralegals at all levels should strive to stay abreast of changes and follow that guidance appropriately. Suggestions, comments, or corrections to this manual should be sent to: The Judge Advocate General s Legal Center & School ATTN: Training Developments Directorate (TDD) 600 Massie Road Charlottesville, VA Introduction iii

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7 Chapter 1 The Basics Tasks 1. Identify Staff Judge Advocate Operations 2. Prepare Military Correspondence 3. Use JAGCNet 4. Conduct Law Library Research 5. Conduct Automated Legal Research Using Westlaw 6. Comply with the Rules for Professional Responsibility 7. Manage Legal Manpower Chapter 1 Basics Page 1

8 Identify Staff Judge Advocate Operations Condition: You are a new Paralegal and need to become familiar with how Staff Judge Advocate operations are conducted in the U.S. Army JAG Corps, IAW FM 1-04 (formerly FM ). Performance Measures: 1. Functions and disciplines of a Staff Judge Advocate Office as it relates to SJA Operations. a. The Office of the Staff Judge Advocate (OSJA) provides legal services to the military organization which it is a part of. The OSJA performs the following tasks: (1) Provide the Commander and staff with legal support and advice in full spectrum operations. (2) Advise the Commander and staff on military justice, administrative separations, command policies, and other issues related to the good order and discipline of the command. (3) Oversee the administration of military justice for the General Court- Martial Convening Authority (GCMCA) and provide supervision, training, and oversight of the Brigade Trial Counsel in the administration of military justice matters while in garrison. (4) Provide the Commander and staff with legal support and advice in all legal disciplines. (5) Administer Claims and Legal Assistance programs consistent with all applicable laws, regulations, and rules of professional responsibility. (6) Administer a preventive law program designed to educate Commanders, staff, Soldiers, retirees, and their Families on legal issues that they may confront regularly. (7) Ensure that personnel directly assigned to the OSJA are trained and ready to deploy in support of the unit s mission. (8) Provide legal oversight, training, and guidance to Brigade legal sections under the SJA oversight authority. Chapter 1 Basics Page 2

9 b. The senior leadership of the OSJA at the Division, Corps, and ASCC levels consists of the SJA, the Deputy SJA, the Legal Administrator, Command and/or Chief Paralegal NCO, and Senior Civilian Advisor. Each senior leader has specific duties and responsibilities, but all five leaders (Foundation of Five) work together to ensure that the OSJA is led, trained, equipped, and supported in a manner to accomplish the mission. Each division within the OSJA has a Division Chief and a Noncommissioned Officer in Charge (NCOIC) who receives direction, guidance, and support from senior leadership. They in turn provide direction, guidance, and support that are more specific to those who work in their division subordinate Judge Advocates, civilian attorneys, Paralegal NCOs, Paralegal Soldiers, civilian Paralegals, and civilian legal support personnel. c. The OSJA normally is composed of the following: (1) A Staff Judge Advocate (SJA) (LTC, COL), (2) A Deputy Staff Judge Advocate (DSJA) (MAJ, LTC), (3) Division Chiefs (CPT, MAJ, LTC), (4) Judge Advocates (attorneys), (5) Legal Administrator(s) (Warrant Officer(s)), (6) Command/Chief Paralegal Noncommissioned Officer(s) (SGM, MSG), (7) Senior Paralegal Noncommissioned Officer(s) (SFC), (8) Paralegal Specialists, (9) Federal civilian legal support personnel (civilian attorneys and civilian Paralegals both US and host nation OCONUS) 2. Staff Judge Advocate: The SJA serves as the primary legal advisor to the Commander exercising GCMCA as prescribed by the UCMJ, the MCM, and applicable regulations. The SJA is a member of the Commander s personal staff and, as such, communicates directly with the Commander and provides legal advice for all matters affecting morale, good order, and discipline of the command. Additionally, the SJA is a member of the Commander s special staff. As such, the SJA serves under the supervision of the Chief of Staff, provides legal services to the staff, and coordinates with other staff members to provide legal services throughout the organization. Chapter 1 Basics Page 3

10 a. The SJA, as a field representative of The Judge Advocate General (TJAG), provides technical supervision over all JAGC personnel and legal services in the command, including planning and resourcing legal support, conducting and evaluating training, and assignment and professional development of JAGC personnel assigned to the command. The SJA may also use the legal technical channel to communicate with TJAG and other supervisory Judge Advocates. The SJA is responsible for all legal services required by the command in operational law and core legal disciplines. b. The SJA duties: (1) Provide military justice advice and perform military justice duties prescribed in the UCMJ. (2) Resolve legal problems regarding administrative boards, investigations, and other military tribunals. The SJA is the technical supervisor and trainer of all legal personnel in the command and its subordinate units. (3) Provide legal advice and assistance concerning contracts, health care, environmental matters, and compensation matters. (4) Provide legal counsel to the civilian personnel office, equal employment opportunity office, and the command. (5) Provide counsel to the family advocacy Case Review Committee (CRC). (6) Serve as the command ethics counselor. (7) Provide international and operational law assistance, to include advice and assistance to implement the DoD Law of War Program. (8) Assist in litigation in which the U.S. has an interest. (9) Operate the command s legal assistance, claims, procurement fraud, federal magistrate court, victim-witness assistance, and military justice training programs. (10) Assist in implementing training programs for reserve component legal personnel and units. (11) Provide legal advice concerning intelligence activities. Chapter 1 Basics Page 4

11 3. Deputy Staff Judge Advocate (DSJA): The Deputy Staff Judge Advocate is the second most senior Judge Advocate. While the SJA is the principle legal advisor to the command, the DSJA, acting for the SJA, is responsible for the organization, administration, and functioning of the OSJA; supervises legal services at a location during split-based operations (e.g., Corps DSJA supervises legal operations at the Corps Rear Command Post, or acts as provisional rear SJA when the SJA deploys with the Commanding General); and manages collective training for all legal personnel. 4. Division Chief: The Division Chief is the senior Judge Advocate in charge of any division within the OSJA, i.e. Legal Assistance, Military Justice, Administrative Law, Operational Law, and Claims Division. Division Chiefs are responsible for all legal support within a particular core legal discipline, such as criminal law, legal assistance, administrative law, operational law, contract and fiscal law, and the claims division. They supervise Judge Advocates, civilian attorneys, Paralegal Specialists, and civilian legal support staff in the delivery of legal support within the particular discipline; advise the SJA concerning all matters falling within the scope of the particular discipline; and train subordinates in the legal skills required by the discipline. 5. Judge Advocates: A military attorney who performs legal duties, in one or more particular legal disciplines, under the supervision of the SJA and Division Chief. Judge Advocates perform the following duties: a. Review actions for legal sufficiency. b. Investigate factual matters related to legal actions. c. Write legal opinions. d. Advise Commanders, staff officers, and personnel. e. Participate in staff working groups or teams. f. Prepare legal actions to advocate before courts-martial and administrative decision-making bodies. g. Provide legal assistance and other necessary client services to Soldiers and their Families. h. Judge Advocates supervise Paralegal Specialists and civilian legal support staff, who assist in the performance of these functions. 6. Civilian Attorneys: They are assigned to the SJA office and perform legal duties, in one or more legal disciplines, under the supervision of the SJA, Division Chief, and Senior Civilian Advisor, with the notable exception of advocating before courts-martial. They regularly provide extensive expertise in a particular legal discipline. They also have supervisory responsibilities, which may include division chief s responsibilities. Chapter 1 Basics Page 5

12 7. Legal Administrator: A Warrant Officer who has special training in law office management and operations. They were 27D Soldiers prior to becoming Legal Administrators. The Legal Administrator performs the following duties and has the following responsibilities: a. Serves as Chief of the Administrative Division. b. Coordinates personnel actions for officers, NCOs, enlisted Soldiers, and civilians. c. Serves as resource manager: develops fiscal requirements, executes program budget guidance, authenticates funding obligations, monitors expenditures, and manages the Internal Control program. d. Serves as Information Management Officer (IMO), supporting correspondence, telecommunications, records management, automation, micrographics, forms, printing and publications, and visual aids. e. Serves as Security Officer. f. Monitors and certifies training records for all assigned and attached personnel. g. Advises the SJA on methods of improving the administration of legal services. h. Manages manpower staffing and utilization programs. i. Implements Army Law Library Service policies, procedures, and systems. j. Reviews and authenticates military justice and administrative documents. 8. The Command/Chief Paralegal Noncommissioned Officer (CPLNCO): The Command/Chief Paralegal NCO is the senior enlisted Soldier in the Office of the Staff Judge Advocate, normally in the rank of: Sergeant Major (Division & Corps), Master Sergeant (Theater Sustainment Command s & certain installations), or Sergeant First Class (small installations). Their duties and responsibilities include: a. Serves as principle advisor to the SJA, Commanders, and their staff concerning all Paralegal Specialists and civilian Paralegals. b. Ensures common Soldier skill proficiency for all legal personnel, and MOS proficiency of all Paralegal Specialists. c. In coordination with the SJA, manages tasking by installation and higher headquarters. Chapter 1 Basics Page 6

13 d. Provides technical supervision of Paralegal Specialists performing duties in support of the SJA, DSJA, and Division Chiefs. e. Reviews military justice and administrative documents and files. f. Supervises technical training of all Paralegal Specialists located at subordinate Brigades and Battalions, including Paralegal Specialists deploying as part of a separate legal section or a Brigade Operational Law Team (BOLT). g. Ensures timely legal technical and automation training, including use and care of the Reimer Digital Library (RDL). h. Assists the Legal Administrator in monitoring and certifying training records for all assigned and attached personnel. i. Ensures logistical support for each team in the SJA section, to include procurement, issue, turn-in, accountability of equipment, and preparation for deployment, deployment, and redeployment. j. Coordinates the assignment of Paralegal Specialists. k. In conjunction with the DSJA, serves as liaison between staff sections and the OSJA to coordinate field training. l. Revises and updates the enlisted portion of the SJA s Field Standard Operating Procedures (FSOP). 9. The Paralegal Specialist/NCO: The Paralegal Specialist/NCO provides Paralegal and clerical support in all core legal disciplines under the supervision of the SJA, Division Chief, and Judge Advocates. a. Their duties and responsibilities include: (1) Investigating the facts relating to legal actions. (2) Conducting legal research. (3) Preparing legal documents. (4) Scheduling appointments. (5) Assisting clients under the supervision of an attorney. hearings. (6) Providing all logistical arrangements for courts-martial or administrative Chapter 1 Basics Page 7

14 (7) Reviews legal documents and actions for technical accuracy. (8) Processes claims. (9) Maintains records and statistics. (10) Prepares reports of legal actions. (11) Paralegal Specialists with the additional skill identifier (ASI) C5 are Court Reporters. In addition to the above duties, they record and transcribe verbatim proceedings of courts-martial administrative proceedings, Article 5 tribunals, and other proceedings as required by law or regulation. b. A Paralegal Specialist/NCO at the Battalion or Brigade provides Commanders basic Paralegal services under the technical supervision of the SJA and subordinate Judge Advocates. Their duties and responsibilities include: (1) They act as liaison between their units and the OSJA. (2) They prepare legal and administrative documents such as: (a) Records of Nonjudicial Punishment (NJP). (b) Adverse Administrative Separations. (c) Courts-Martial documents. (d) Powers of Attorney. (e) Will worksheets. (f) Confinement Orders. (g) Preliminary criminal investigation. (h) Article 15-6 investigation report forms. (i) Article 139 claims investigation report forms. (j) Statistical reports concerning legal actions. (3) They maintain official files for all unit legal actions. They apprise the Commander of the status of all command legal actions. Chapter 1 Basics Page 8

15 c. Paralegal Specialists must be proficient in managing a legal office in the field in support of operations. (1) They must know how a Commander and his staff operate in a tactical operations center (TOC) or other headquarters structure. (2) They must also perform traditional NCO functions-training and taking care of Soldiers. (3) In addition to legal, staff, and office skills, 27Ds must train to proficiency in Soldier common tasks. They must be able to survive on the battlefield, and be able to help other Soldiers survive. d. Finally, Paralegal Specialists maintain a deployment legal office package (forms, supplies, equipment, references, etc.) ready to deploy in support of the legal office and the command. When required, the Paralegal Specialist provides administrative support during Soldier Readiness Processing (SRPs), Pre-Deployment Processing (PDPs), and Emergency Deployment Readiness Exercises (EDREs), and to any other mobilization preparation or de-mobilization process. 10. The Civilian Legal Support Staff: They include Paralegals, Court Reporters, legal secretaries, and other supporting staff. The civilian legal support staff provides Paralegal and administrative support under the supervision of the SJA, Division Chiefs, Judge Advocates, and civilian attorneys. 11. Command Judge Advocates: A Command Judge Advocate (CJA) is the senior Judge Advocate in a legal office serving a Commander who is not a General Court-Martial Convening Authority and who is not otherwise authorized an SJA. The CJA is the Commander s personal legal advisor for all matters that affect the morale, good order, and discipline of the command and is a member of the Commander s special staff. The CJA s relationship to the Commander, subordinate Commanders, and staff is similar to that of an SJA. The Regimental Judge Advocate of the Ranger Regiment is an example of a CJA. Their duties and responsibilities include: a. Supervising the Paralegal Specialists. b. Providing legal support to the Commander and staff. c. Providing services in accordance with the policies of the Commander and the SJA of the host installation or the next higher command. Normally, the host installation OSJA will provide legal support in the disciplines of legal assistance, criminal law, and claims. Chapter 1 Basics Page 9

16 12. Law Center Officers-in-Charge (OIC): An OIC of a Law Center is a Judge Advocate responsible for supervising the provision of all legal services in a designated military community. The Law Center is a branch office of a senior headquarters SJA office. Law Centers are particularly common in Europe. 13. Brigade Legal Section Personnel (Brigade Operational Law Team of BOLT ) a. A Brigade legal section includes two Judge Advocates (possible three in the future); a Brigade Judge Advocate (BJA) and a Trial Counsel. The Brigade Judge Advocate is a Major who serves as the Brigade Commander s legal advisor and Officer-In- Charge of the Brigade legal section. A Trial Counsel is a Captain whose primary responsibility is to administer all military justice matters for the Brigade Combat Team (BCT). Additionally, the Trial Counsel will provide operational law advice and assist the Brigade Judge Advocate with legal issues across all operational law disciplines. The Brigade legal section also includes a Brigade Senior Paralegal NCO. BCTs are authorized a Sergeant First Class (SFC). Support Brigades are authorized a Staff Sergeant (SSG) to fill the same position. Finally Paralegal Soldiers, E1 through E5, are assigned to each subordinate Battalion in a BCT or Support Brigade. All JAGC Soldiers in a BCT work under the direction of the Brigade Judge Advocate. b. During deployments, a Brigade legal section frequently requires augmentation to meet its mission requirements. If augmented, the Brigade legal section may include an additional Judge Advocate, usually a Captain. This Captain s duties include operational law, administrative law, and legal assistance support to the Brigade. When augmented by a third Judge Advocate, the Brigade legal section can provide superior operational law coverage. The Brigade legal section can avoid ethical conflicts when providing client services and administrative law support. For example, during client services, rules for professional responsibility prevent the same Judge Advocate from advising the Commander and the Soldier in an adverse action. Administrative law support also avoids conflicts. For example, Judge Advocates are needed to serve as a neutral advisor to an AR 15-6 Investigating Officer (IO). When deployed, duties of the Brigade legal section may include foreign claims and detention operations. Ultimately, the Brigade Judge Advocate determines the duties and responsibilities of the third Judge Advocate in light of mission requirements. Chapter 1 Basics Page 10

17 c. The Brigade Judge Advocate is the primary legal advisor to the Brigade Commander. The Brigade Judge Advocate, the Trial Counsel, and the Brigade Senior Paralegal NCO are assigned to the Brigade Headquarters. The Brigade Headquarters is the primary place of duty for the Brigade Judge Advocate and the Senior Paralegal NCO as well as for a Judge Advocate augmenting the Brigade legal section. The Trial Counsel will work at the OSJA Criminal Law Office while in garrison to foster effective training and ensure consistency in the quality of legal services delivered. The Trial Counsel will deploy with the BCT Headquarters for training exercises and real world missions. The Trial Counsel will maintain a close working relationship with the BCT for both effective military justice support and deployments. Fostering this relationship may include participation in the BCT Physical Readiness Training (PRT) program, BCT Officer Professional Development (OPD), and other events. As a member of the Brigade Commander s personal and special staff, the Brigade Judge Advocate requires a direct line of communication with the Brigade Commander. d. Though the SJA serves as the Brigade Judge Advocate s rater, the Brigade Commander, or designated representative (ordinarily the Deputy Commander or Executive Officer), typically determines the Brigade Judge Advocate s routine duties in support of the Brigade. The Brigade Judge Advocate supervises the Trial Counsel during training exercises and real world missions. The OSJA, Chief of Military Justice, is garrison directly supervises the Trial Counsel. While not directly supervising all Brigade legal personnel, the SJA of the higher echelon does have responsibility for legal oversight, training, and technical guidance. 14. Duties and Responsibilities of Brigade Legal Section Personnel. a. Brigade Judge Advocate: The Brigade Judge Advocate advises the Commander and staff on operational law, military justice, administrative law, contract and fiscal law, and other areas of the law as required. This Judge Advocate ensures the delivery of legal services of the Brigade across the core legal disciplines. The Brigade Judge Advocate participates in operations planning and targeting processes. This participation includes reviewing operation plans and orders, training concepts, and other key actions for legal sufficiency. The Brigade Judge Advocate deploys as a member of the Brigade staff and serves as the Officer-In-Charge (OIC) of the Brigade Operational Law Team (BOLT). This officer plans, coordinates, and oversees client services, Soldier Readiness programs, and preventative law programs for the Brigade. The Brigade Judge Advocate supervises, trains, and mentors the Trial Counsel, Judge Advocate augmentee, and the Brigade Senior Paralegal NCO, and bears supervisory responsibility for the overall development of Brigade legal section personnel. Chapter 1 Basics Page 11

18 b. Brigade Trail Counsel: The Brigade Trial Counsel advises Commanders and staff on all areas of military justice in garrison and during deployments. The Trial Counsel prosecutes courts-martial arising within the BCT. The Trial Counsel coordinates with law enforcement agencies (PMO, MPI, CID) on pending cases and investigations within the BCT. The Trial Counsel represents the Government at Article 32(b) investigations and administrative boards. The Trial Counsel reviews adverse administrative actions, Article 15 punishments, and other military justice matters arising within the BCT. Additionally, the Trial Counsel assists the Brigade Judge Advocate on operational law issues including the Department of Defense Law of War Program, detention operations, status-of-forces and other international agreements, General Orders, and predeployment legal preparation. The Trial Counsel serves as a standing member of operations planning groups, targeting boards, and the fires section. The Trial Counsel participates in planning for operations and conducts legal reviews of operation plans and exercise plans. The Trial Counsel deploys as necessary for training exercises or combat and contingency operations. The Trial Counsel also serves as the acting Brigade Judge Advocate when the Brigade Judge Advocate is absent. c. Brigade Senior Paralegal NCO: The Brigade Senior paralegal NCO is the senior enlisted advisor and assistant to the Brigade Judge Advocate, and serves as the Noncommissioned Officer in Charge (NCOIC) of the Brigade Operational Law Team (BOLT). The Senior Paralegal NCO supervises, trains, and mentors subordinate paralegal Soldiers assigned to the Battalions. The Senior Paralegal NCO serves as a member of the Brigade s staff. This NCO should have successfully completed the Battle Staff NCO course and received the additional skill identifier of 2S. This NCO coordinates and conducts required training on legal issues, including law of war and rules of engagement. The Senior Paralegal NCO coordinates with the Brigade Judge Advocate, the OSJA Command and/or Chief paralegal NCO, and the Professional Development NCOs (PDNCOs) at Human Resources Command (HRC), to requisition vacant Paralegal Soldier s positions at the Battalion level. Additionally, the Brigade Senior Paralegal NCO regularly advises HRC of personnel actions that can potentially impact the Brigade s strength. d. Battalion Paralegal Soldiers: Paralegal Soldiers, E1 through E5, are assigned to the S-1 section of each subordinate Battalion of a BCT or Support Brigade. Their assignment to the Battalion S-1 section is designed to provide legal support to Commanders within the Battalion and the Soldiers. These Paralegal Soldiers act under the direction and supervision of the Brigade Judge Advocate and Brigade Senior Paralegal NCO, and their duties should be restricted to those of a legal nature. Chapter 1 Basics Page 12

19 NOTE Brigade Judge Advocates and Brigade Senior Paralegal NCOs retain flexibility to coordinate the consolidation of legal assets at the BCT and Support Brigade Headquarters. The ability to consolidate legal assets varies based on available space within the Headquarters, training requirements, and deployments. Brigade Judge Advocates and Senior Paralegal NCOs should strongly consider consolidation during periods of reduced strength to maximize the efforts of all legal personnel assigned to the BCT. Consolidation also allows the Brigade Judge Advocate and Senior Paralegal NCO to train, supervise, and develop paralegal Soldiers to the required level of expertise prior to a deployment. Consolidation of legal assets is coordinated with the Brigade Commander, Deputy Brigade Commander, Executive Officer (XO), and Command Sergeant Major (CSM). e. Judge Advocate Augmentation: If additional Judge Advocate augmentation is necessary and provided, that Judge Advocate may provide legal advice to Commanders and staff on operational law, administrative law, fiscal law, and other areas of the law as required. The Judge Advocate provides support to planning cells. The additional Judge Advocate provides legal assistance, Soldier readiness, and preventive law support to the Brigade. The Judge Advocate performs legal advocacy tasks on behalf of the Soldiers of the Brigade, especially where conflicts of interest exist. The Brigade Judge Advocate determines the scope of the Judge Advocate augmentee s duties and responsibilities based upon mission requirements. FM 1-04 (formerly FM ) Reference Performance Measure: Take the written test below. 1. What staff section(s) is the Staff Judge Advocate a part of? 2. Who is the second most senior Judge Advocate in an OSJA? 3. What is a Legal Administrator? 4. Who is the senior enlisted Soldier in the Office of the Staff Judge Advocate? 5. What does the Paralegal Specialist/NCO provide for the OSJA? 6. What does the acronym BOLT stand for? See Appendix A-1 for the answers to this exercise. Chapter 1 Basics Page 13

20 Prepare Military Correspondence Condition: You are a Battalion Paralegal. You have just been assigned the task of preparing a memorandum IAW AR You have access to AR Performance Measures: 1. General Rules. a. Font: Use font sizes that make the correspondence easy to read. (1) A font with a point size smaller than 12 or larger than 14 should be avoided. When possible, a 12-point size will be used. (2) Unusual type styles, such as script, should not be used. (3) Preferred type fonts are Times Roman, Times New Roman and Arial. b. Ink: Black or blue ink will be used to sign communications. Black ink will be used to stamp dates and signature blocks. c. Paper: Only one side of the paper will be used for original correspondence, however, correspondence should be reproduced on both sides of the paper. d. Date: Dates may be expressed in only two ways. 1 January 2010 or 1 Jan 10. The four-digit year will be used when the month is spelled out. e. Time: Military time will be expressed in a group of four digits, ranging from based on the 24-hour clock. The word hours will not be used in conjunction with military time. f. Margins: The standard margin is one inch from the left, right, top, and bottom of the page. g. Types of Memoranda. (1) Informal Internal to headquarters, command, or organization. An informal memorandum does not require a letterhead. (2) Formal Will be sent outside the headquarters, command, or organization. A formal memorandum requires a letterhead. Chapter 1 Basics Page 14

21 h. Letterhead: The letterhead is the top portion of a formal memorandum. It identifies the organization that prepared the memorandum. It consists of a minimum of three and not more than four lines, with each line centered on the page. Type the letterhead using single spacing and no abbreviations. i. Elements of the Letterhead. (1) The letterhead is placed at the top of the formal memorandum. The first line of the letterhead begins one inch from the top edge of the page. The first line consists of DEPARTMENT OF THE ARMY typed in all capital letters. (2) The second line identifies the organization preparing the memorandum. If the entire unit or organization will not fit on one line without going beyond the margins, continue on line three. The unit will be entered in title caps with commas separating elements. (3) Enter the location of the organization or unit on the last line of the letterhead in title caps. Leave two spaces between the state and the zip code. EXAMPLES: THREE LINE LETTERHEAD DEPARTMENT OF THE ARMY 3rd Brigade, 54 th Infantry Division (Mechanized) Fort Atterbury, Indiana FOUR LINE LETTERHEAD DEPARTMENT OF THE ARMY Company A, 3rd Battalion, 3rd Armor 3rd Brigade, 54 th Infantry Division (Mechanized) Fort Atterbury, Indiana Elements of a Heading - A heading of a memorandum will have the following elements: a. Office Symbol: The first element of the heading is the office symbol. It is entered in all capital letters. On a formal memorandum, it begins at the left margin on the second line below the seal. If there is no seal, it begins on the forth line below the last line of the letterhead. If there is a suspense date, the office symbol will begin on the second line below the suspense date. On an informal memorandum, the office symbol is entered at the left margin, one inch from the top of the page (there is no letterhead or seal on an informal memorandum). Chapter 1 Basics Page 15

22 b. Date: The date is entered on the same line as the office symbol and ends at the right margin. The order for entering the date is the day, month, and year. The date may be expressed with the month spelled out and all four digits of the year, or with the month abbreviated and only the last two digits of the year. c. Suspense Date: Use a suspense date if a reply is required by a certain date. Enter the suspense date two lines above the date of the memorandum, ending at the right margin. The suspense date is preceded by an upper case S followed by a colon with two spaces between the colon and the date using the same format as the date of the memorandum. Be consistent with abbreviations. d. Memorandum For Line: On the third line below the office symbol, at the left margin, enter MEMORANDUM FOR in all capital letters. Address correspondence as directly as possible to the office(s) expected to take action. Authorized abbreviations are allowed, but they must be consistent throughout. Do not use hyphens in the address line. Allow two spaces between the state and the zip code. If a second line is needed for the address, begin the second line flush with the left margin, except for multiple-address memorandums. Multiple-address memorandums beginning under the third character of the first line of the address. Addresses will be typed in title caps. (1) Single Address Memorandum: When using a single address, MEMORANDUM FOR and the address are on the same line. Begin the address one space after the word FOR. Type the address in title caps. If the single address takes more than one line, begin the second line flush with the left margin. EXAMPLE: DEPARTMENT OF THE ARMY Headquarters, 3 rd Battalion, 3 rd Armor 3 rd Brigade, 54 th Infantry Division (Mechanized) Fort Atterbury, Indiana AJJAB 8 May MEMORANDUM FOR Commander, Company A, 3 rd Battalion, 3 rd Armor, Fort Atterbury, Indiana SUBJECT: Reclassification Body Chapter 1 Basics Page 16

23 (2) Multiple-Addressed Memorandum: Begin typing the addresses on the second line below the MEMORANDUM FOR line. If the address has two lines, begin typing under the third letter of the first line of the address. Addresses are typed using title caps. EXAMPLE: DEPARTMENT OF THE ARMY Headquarters, 3 rd Battalion, 3 rd Armor 3 rd Brigade, 54 th Infantry Division (Mechanized) Fort Atterbury, Indiana AJJAB 8 May MEMORANDUM FOR 1 2 Commander, Headquarters and Headquarters Company, 3 rd Battalion, 3 rd Armor, Fort Atterbury, Indiana Commander, Company A, 3 rd Battalion, 3 rd Armor, Fort Atterbury, Indiana Commander, Company B, 3 rd Battalion, 3 rd Armor, Fort Atterbury, Indiana Commander, Company C, 3 rd Battalion, 3 rd Armor, Fort Atterbury, Indiana SUBJECT: Reclassification Body (3) See Distribution Memorandum: If more than five addresses are used, enter the words SEE DISTRIBUTION in all capital letters, one space after MEMORANDUM FOR. On the second line below the last line of the signature block or enclosure listing, whichever is lower, at the left margin, enter the word DISTRIBUTION followed by a colon. List each address on the next line beginning as the left margin. If an address takes more than one line, indent the second line two spaces and begin at the third space. Distribution listings may be continued on a second page. If necessary, the complete distribution listing may be typed on a separate page. Chapter 1 Basics Page 17

24 EXAMPLE: Soldier s Training Manual Paralegal Specialist (27D) DEPARTMENT OF THE ARMY Headquarters, 3 rd Battalion, 3 rd Armor 3 rd Brigade, 54 th Infantry Division (Mechanized) Fort Atterbury, Indiana AJJAB 8 May MEMORANDUM FOR SEE DISTRIBUTION 1 2 SUBJECT: Memorandum Addressed to More Than Five Addresses Body GARY E. PIKE LTC, AR Commanding 1 2 DISTRIBUTION: Commander Headquarters and Headquarters Company, 3 rd Battalion, 3 rd Armor Company A, 3 rd Battalion, 3 rd Armor Company B, 3 rd Battalion, 3 rd Armor Company C, 3 rd Battalion, 3 rd Armor Company A, 1 st Battalion, 2 nd Armor Company B, 1 st Battalion, 2 nd Armor Company C, 1 st Battalion, 2 nd Armor (4) Thru Address: Use a THRU memorandum to keep the THRU addressee informed or to provide the person with the opportunity to comment or approve. Depending on the situation, use one of the following types of THRU addresses: (a) Single THRU Address: On the third line below the office symbol, at the left margin, enter MEMORANDUM THRU in all capital letters. Begin the THRU address one space after the word THRU. If the address extends beyond one line, start the second line flush with the left margin. Chapter 1 Basics Page 18

25 EXAMPLE: Soldier s Training Manual Paralegal Specialist (27D) AJJAB-HHC 8 May MEMORANDUM THRU Commander, 3 rd Battalion, 3 rd Armor, 3 rd Brigade, 54 th Infantry Division (Mechanized), Fort Atterbury, Indiana FOR Commander, 3 rd Brigade, 54 th Infantry Division (Mechanized), Fort Atterbury, Indiana SUBJECT: Reclassification Body (b) Multiple- THRU Addresses: On the third line below the office symbol, at the left margin, enter MEMORANDUM THRU in all capital letters. On the second line below the MEMORANDUM THRU line, enter the first address at the left margin. Enter the next address at the left margin below the previous address. Should an address extend beyond one line, indent the second line two spaces and continue the address at the third space. (c) For: On the second line below the last thru address, at the left margin, enter FOR. Skip one space and enter the address. (d) Subject: On the second line below the last address, at the left margin, enter SUBJECT followed by a colon, skip two spaces and enter the subject of the memorandum. If the subject line extends beyond one line, begin the second line at the left margin. Chapter 1 Basics Page 19

26 EXAMPLE: Soldier s Training Manual Paralegal Specialist (27D) DEPARTMENT OF THE ARMY Headquarters and Headquarters Company 3 rd Battalion, 3 rd Armor Fort Atterbury, Indiana AJJAB-HHC 8 May MEMORANDUM THRU 1 2 Commander, 3 rd Battalion, 3 rd Armor, 3 rd Brigade, 54 th Infantry Division (Mechanized), Fort Atterbury, Indiana Commander, 3 rd Brigade, 54 th Infantry Division (Mechanized), Fort Atterbury, Indiana FOR Commander, 54 th Infantry Division (Mechanized), Fort Atterbury, Indiana SUBJECT: Reclassification Body 3. Body of a Memorandum. a. The body of a memorandum contains the message to be passed on to the addressees. It may contain one or more paragraphs giving or asking for information. b. Begin the first paragraph at the left margin on the third line below the last line of the subject line. c. Single-space the text of a memorandum. d. Double-space between paragraphs and subparagraphs. If a memorandum has more than one paragraph, number the paragraphs consecutively. e. Only number paragraphs if there is more than one. If there is only one paragraph, begin typing on the left margin on the third line below the subject line. Do not indent if you have only one paragraph. Chapter 1 Basics Page 20

27 f. A subdivided paragraph must have at least two subparagraphs. If there is a subparagraph a then there must also be a subparagraph b. Indent enough spaces to begin typing under the fifth space in the line(s) above and identify the first subdivision of a paragraph with lower case letters, followed by a period. Skip two spaces and begin the text. g. Identify the second subdivision of a paragraph with numbers in parentheses beginning under the ninth space/character in the line(s) above. Space twice and begin typing after the parentheses. h. Identify the third subdivision of a paragraph with lower case letters in parentheses at the same place as the second subdivision (do not indent any further). Space twice and begin typing after the parentheses. i. Do not subparagraph memorandums beyond the third subdivision. 4. Closing of a Memorandum: The closing has three major elements: The authority line, signature block and enclosure listing. The sub-elements are the Distribution listing and Copies Furnished (CF) (if needed). a. Authority Line: The authority line is used by people designated to sign for the Commander, head of an office, Commandant, Chief of Staff, etc. When used, it is typed in all capital letters beginning on the second line below the last line of the text at the left margin and is followed by a colon. You will be told whether an authority line is needed or not. b. Enclosures: Enclosures are supporting documents necessary to complete the action and keep the body of the memorandum as brief and concise as possible, e.g., maps, rosters, schedules, etc. Attach them to the basic memorandum and number them consecutively. In the lower right corner of each enclosure, enter the number in pencil. (1) Enter the enclosure listing beginning at the left margin on the fifth line below the authority line or the last line of the text if an authority line is not used. (2) If enclosures are identified in the body of the correspondence, account for them by indicating the total number (e.g., 4 Encls). For clarity, use the abbreviation as (as stated) when listing multiple enclosures. If there is a single enclosure, do not use a number or the abbreviation as. It is best if enclosures are identified within the body of the memorandum. (3) If enclosures are not identified within the body of the memorandum, account for them by indicating the total number (e.g., 4 Encls). List each by number, and describe them briefly. If there a single enclosure, do not put a number 1 in front of Encl and do not put a number on the enclosure. Chapter 1 Basics Page 21

28 (4) Abbreviate enclosure to Encl for a single enclosure and Encls for multiple enclosures. Always capitalize the first letter. (5) Use only authorized abbreviations when identifying enclosures. EXAMPLES: One enclosure identified in the body: Encl One enclosure not identified in the body: Encl DA Form Several enclosures identified in the body: 3 Encls as Several enclosures not identified in the body: 3 Encls 1. DA Form DA Form DA Form 2823 Three enclosures identified in the body and three enclosures not identified in the body: 6 Encls 1-3. as 4. DA Form DA Form DA Form 2823 c. Signature Block: The signature block consists of the name, rank, branch of service, and title of the person signing the correspondence. The signature block begins at the center of the page on the fifth line below the authority line or the fifth line below the last line of the text of the body if an authority line is not used. (1) The first line of the signature block is the name line and is typed in all capital letters by first name, middle initial, and last name. Chapter 1 Basics Page 22

29 (2) The second line of the signature block consists of the abbreviated or spelled-out rank and branch of service. A General Officer s rank is always spelled out, and their branch is USA or U.S. Army. (3) The third line is the title line. If more than one line is required, begin the next line under the third letter of the previous line. d. Distribution: Remember, if a memorandum is being sent to more than five addressees, type SEE DISTRIBUTION one space after the MEMORANDUM FOR at the beginning of the memorandum. Addresses will be typed in title caps. (1) On the second line below the last line of the signature block or enclosure listing, whichever is lower, type DISTRIBUTION in all capital letters, followed by a colon and begin entering the address(s) on the next line at the left margin. If more than one line is needed, begin the next line under the third letter of the previous line. (2) The distribution list may be continued on a continuation page if necessary. Enter continued only when the distribution list is being continued, not because the content is being continued. (3) If the address title, e.g. Commander, Commandant, Chief, etc., is the same on more than one address, it only needs to be entered at the beginning. Enter the address title in singular form, e.g., Commander, not Commanders. e. Copies Furnished: This option is used to keep activities other than the addressee(s) informed of the subject matter, but does not require these other activities to take any action. (1) Enter CF (copies furnished) followed by a colon on the second line below the last line of the signature block, enclosure listing, or distribution listing, whichever is lowest. (2) Enter each addressee on a single line under the CF. Should a second line be necessary, indent two spaces from the left margin. Copies furnished may be with or without the enclosures and this must be so indicated. 5. Continuation Page. a. If the content of the body or the distribution will not fit on the first page, a continuation page may be used. Do not divide paragraphs of three lines or less. At least two lines of a paragraph must appear on each page. b. Using plain bond paper, beginning one inch from the top edge of the paper, enter the office symbol at the left margin. Chapter 1 Basics Page 23

30 c. On the next line at the left margin, enter SUBJECT followed by a colon, skip two spaces, and enter the subject of the memorandum. d. On the third line below the last line of the subject line, begin typing the continuation of the memorandum starting at the left margin. The same procedures for formatting apply to the continuation page as were used on the first page. EXAMPLE: AJJAB SUBJECT: Continuing a Memorandum This is where you will continue typing the body of your memorandum GARY E. PIKE LTC, AR Commanding 2 6. Page Numbering: Center and type the page number approximately one inch from the bottom of the page and begin numbering on the second page with the number 2. There will be no page number on the first page of a memorandum. AR Reference Chapter 1 Basics Page 24

31 Performance Measure: Take the written test below. 1. On a memorandum, the letterhead consists of how many lines? 2. When do you use a suspense date? 3. Does the subject begin on the third line after the last address? 4. Where does the body of the memorandum begin? 5. Is the signature block centered on the page? 6. Is the authority line used on all memorandums? 7. Is it true that a continuation page may only be used to continue a distribution listing from the first page? 8. Does each page of a memorandum have to be numbered? See Appendix A-2 for the answers to this exercise. Chapter 1 Basics Page 25

32 Use JAGCNet Condition: You are a Paralegal Specialist and are required to maintain and use a JAGCNet account to perform your duties. You have a computer with internet access. NOTE You will need an Army Knowledge Online (AKO) account to access JAGCNet. Performance Measures: 1. Create a JAGCNet Account. a. Go to b. On the left hand side of the screen, in the Log-in box, you will see a link to Request Account. Click on that link. c. Answer all of the questions in order to create an account. NOTE You will need your Unit Identification Code (UIC), office symbol, contact information, and the name and contact information for your supervisor to create an account on JAGCNet. 2. Log-in to your JAGCNet account. a. Go to b. Click on either the AKO Login box or the CAC Login box. If you have your Common Access card (CAC) linked with your AKO account, you will able to Login to JAGCNet with your CAC. c. Read the DoD Notice and Consent Banner and click the OK box. d. Enter your CAC pin and you will be logged into JAGCNet. 3. Using JAGCNet. a. JAGCNet is an online portal for all JAG Corps personnel. This portal is a repository for all JAG related materials, broken down into functional areas. b. JAGCNet can also be used to locate JAG Corps personnel throughout all of the Army components (Active, Reserve and National Guard). An online directory, as well as a downloadable version of the Regiment s directory can be found on the site s front page. NOTE Ensure that you maintain your account information. This will assist other JAG Corps personnel when they are looking for you, in particular, or with finding legal assets in a certain location. This account update requirement is mandated by the JAG Corps leadership. Log-in regularly to ensure your duty position and location is current and to stay abreast on JAG Corps wide updates and policy changes. Chapter 1 Basics Page 26

33 Performance Measure: Take the written test below. Use JAGCNet to find the answers to these questions. 1. Where would you find the most recent version of the Operational Law Handbook? 2. How many ways can you log-in to JAGCNet and what are they? 3. Where would you find the bio and picture of the Regimental Command Sergeant Major? 4. How would you find all the enlisted, active component JAGC Soldiers, in the 3 rd Infantry Division? 5. Where would you find the history of the Hall of Heroes? See Appendix A-3 for the answers to this exercise. Chapter 1 Basics Page 27

34 Conduct Law Library Research Condition: You are a Paralegal Specialist in a Criminal Law Office. Your supervisor has asked you to research information in anticipation of charging a Soldier. You have access to a law library. Performance Measures: 1. Research Tips. a. Take careful notes. (1) When you first start to research it takes some guesswork. Try different approaches until you find something that works for you. (2) Document your research and take good notes. (3) Develop a note taking system that works for you. Keep track of the resources that you have consulted. Gather complete citation information as you go along. b. Be flexible: Adjust your research strategy as needed. If you feel as though you are not getting anywhere with a certain approach then try another. Do not waste your time on irrelevant material. Narrow down your issue and expand if need be. c. Be cautious: Verify everything. Do not rely on one source. d. Think critically: Always base the facts of your case or issue on reliable legal authority. e. Check out the law library. (1) Libraries are usually very well organized. Take a look around and note how the major groups of materials are organized. (2) Your law library in a JAG office is not the biggest law library in the world. The walk around approach works; use it. f. Get yourself a good legal dictionary. (1) Much of the terminology used in legal research can sound a bit foreign even to the most accomplished attorney. (2) Get a good law dictionary, such as Black s Law Dictionary, to enable you to have quick access to all the terms used by the legal profession. Chapter 1 Basics Page 28