Fort Drum Office of the Staff Judge Advocate

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Officers and NCOs Eligible for Law School at Government ExpenseThe Office of the Judge Advocate General is accepting app...
09/01/2020

Officers and NCOs Eligible for Law School at Government Expense

The Office of the Judge Advocate General is accepting applications for the Army’s Funded Legal Education Program. Under this program, the Army projects sending up to 25 active duty commissioned officers and – new this year – noncommissioned officers to civilian law school at government expense. Selected officers and NCOs will attend law school beginning in fall 2021 and will remain on active duty while attending law school.

Applications must be received no later than Nov. 1. Early submissions are welcome.

Interested officers and NCOs should review Army Military Personnel Message 20-135 and Chapter 10, AR 27-1, “The Judge Advocate General's Funded Legal Education Program,” to determine if they are eligible.

This program is open to regular Army captains, lieutenants, sergeants 1st class, staff sergeants and sergeants from the Operations, Operations Support, Force Sustainment, and Health Services divisions, as well as Army Special Operations Force and Cyber.

Commissioned officer applicants must have at least two, but not more than six, years of active federal service at the time legal training begins. NCO applicants must have at least four, but not more than eight, years of total active federal service at the start of school. Eligibility is governed by statute, 10 U.S.C. 2004, and is non-waivable.

Interested officers and NCOs should immediately register for the earliest offering of the Law School Admission Test. Visit www.lsac.org/lsat for full details on LSAT dates and registration deadlines.

Applicants must route their application through command channels, to include the individual’s branch manager at HRC, to the Office of the Judge Advocate General, ATTN: DAJA-PT (Ms. Yvonne Caron-Rm 2B517), 2200 Army Pentagon, Washington, DC 20310.

Electronic applications in PDF format also can be emailed to [email protected].

Contact the Fort Drum Office of the Staff Judge Advocate for further information about the Funded Legal Application Program.

08/25/2020

Soldier Sentenced to 179 Days Confinement and a Bad Conduct Discharge for Lying to CID

On 19 August 2020 a military judge convicted SPC Joshua Conner, United States Army, of two specifications of giving a false official statement to law enforcement in violation of Article 107, UCMJ, and sentenced him to 179 days of confinement, reduction to E-1 and a bad conduct discharge.

This case was investigated by U.S. Army CID and was prosecuted at a general court-martial convened at Fort Drum, New York.

08/24/2020

NCO Sentenced to 45 Days Confinement and a Bad Conduct Discharge for Larceny

On 11 August 2020 a military judge convicted SGT Andre B. Redding-Williams, United States Army, pursuant to his pleas, on one specification of larceny of private property - firearms in violation of Article 121, UCMJ, and one specification of false official statement in violation of Article 107, UCMJ, and sentenced him to 45 days of confinement and a bad conduct discharge.

This case was investigated by U.S. Army CID and was prosecuted at a general court-martial convened at Fort Drum, New York.

Please congratulate the Fort Drum Legal Assistance office for their outstanding performance.
08/05/2020

Please congratulate the Fort Drum Legal Assistance office for their outstanding performance.

Congratulations to this year's winners of the Chief of Staff Award for Excellence in Legal Assistance---JOB WELL DONE!!!

#StewardoftheProfession
#USArmyJAGCorps

The Judge Advocate General's Legal Center and School
U.S Army Legal Services Agency
United States Army Reserve Legal Command

07/30/2020

NCO Sentenced to 20 Years for Sexual Abuse of a Child

On 29 July 2020 a military panel consisting of officers and enlisted members sentenced SFC Roberto Aikanoff, United States Army, to 20 years of confinement, a dishonorable discharge, reduction to E-1, and total forfeitures of pays and allowances on 7 specifications of Sexual Abuse of a Child.

The panel members convicted SFC Aikanoff of the 7 specifications of Sexual Abuse of a Child, in violation of Article 120b Uniform Code of Military Justice, following a 10 day trial. They acquitted SFC Aikanoff of 4 specifications of Rape of a Child, 4 specifications of Attempted Rape of a Child, and 2 specifications of Sexual Abuse of a Child.

As a result of his conviction, SFC Aikanoff will be required to register as a sex offender upon his release from confinement.

This case was investigated by U.S. Army CID and was prosecuted at a general court-martial convened at Fort Drum, New York.

Happy 245th Birthday JAG Corps!
07/29/2020

Happy 245th Birthday JAG Corps!

Today, we celebrate the 245th birthday of The Judge Advocate General’s Corps.

Our lineage traces back to July 29, 1775, when the Second Continental Congress elected John Adams’ law pupil, William Tudor, to be the Judge Advocate of the Army. He held the rank of lieutenant colonel and was paid $20.00 a month. The following year, Congress changed the title of Tudor’s office to ‘Judge Advocate General,’ making him the first in a long line of Army Judge Advocates General. Since that time, thousands of men and women have served in our Corps as judge advocates, legal administrators, and paralegal specialists.

As we celebrate the 245th birthday of the Corps, it is important to remember the contributions of trailblazers like Walt Tsukamoto, Phyllis Propp-Fowle, and John Henry Nolan. They are what the Army Values are all about and embody the four constants of our Corps: Mastery of the Law, Principled Counsel, Stewardship of the Profession, and Servant Leadership —and why all of us should be proud to be a part of our Army and our JAG Corps.

Pictured below:

Walt Tsukamoto - Walter T. Tsukamoto was a civilian lawyer and judge advocate captain in the Army Reserve when the Japanese attacked Pearl Harbor. A loyal American who was outraged by the bombing of Hawaii, Tsukamoto requested that the War Department order him to active duty and although denied at least four times, the Army relented. Tsukamoto subsequently served with distinction and honor in the United States and in Japan during World War II. Walt Tsukamoto was the first lawyer of Asian-American ancestry to serve in our Corps, the first Asian-American to reach the rank of colonel in our Corps, and is the only judge advocate in history to be awarded the Congressional Gold Medal.

Phyllis Propp-Fowle - The only woman in her law school class at the University of Iowa when she graduated in 1933, Phyllis Propp-Fowle joined the Army after the outbreak of war in 1941 and served in the Women’s Army Corps until joining the JAG Corps in 1944. She was the first female judge advocate and the first female post judge advocate in history. After she deployed to France in late 1944, then Captain Propp-Fowle became the first female judge advocate to serve in a combat theater and be authorized to wear right shoulder sleeve “combat patch” insignia.

John Henry Nolan - John Nolan enlisted in the Army in 1953 and completed Infantry Officer Candidate School in 1967. He deployed to Vietnam the following year, as a lieutenant, where he served as a platoon leader, executive officer, and company commander in combat—and was wounded in action. In 1973, as the post-Vietnam Army rapidly downsized, then Captain Nolan, voluntarily reverted to the rank of master sergeant in order to remain on active duty. In his new role as a legal clerk (today’s paralegal specialist), he demonstrated such excellence that after being promoted to sergeant major, he was selected in 1980 to be the first JAG Corps Regimental Sergeant Major.

#USArmyJAGCorps
#USArmy

The Judge Advocate General's Legal Center and School
U.S Army Legal Services Agency
United States Army Reserve Legal Command

Today marks 152 years since Secretary of State William H. Seward certified the full adoption of the 14th Amendment of th...
07/28/2020

Today marks 152 years since Secretary of State William H. Seward certified the full adoption of the 14th Amendment of the Constitution. Drafted in the midst of Reconstruction, the 14th Amendment cements the rights of all persons born or naturalized in the United States: whether through citizenship, representation, due process, or equal justice under law.

The Equal Protection clause alone has served as the basis for desegregating schools in Brown v. Board of Education, establishing sex as a protected class in Reed v. Reed, ruling that States cannot demean a homosexual person's existence or control their destiny by making their private sexual conduct a crime in Lawrence v. Texas, and even legalizing same-sex marriage in Obergefell v. Hodges.

Together with the Due Process, Privileges and Immunities, and Citizenship clauses, the Equal Protection clause established the bedrock of modern jurisprudence.

Enacted as an attempt to remedy the injustices that led to the Civil War, the 14th Amendment serves as bedrock for today's efforts to make good on a promise proclaimed at the Nation's birth: “that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.”

07/17/2020

COURT-MARTIAL RESULT:

PFC Wendell W. Carpenter IV, 4th Battalion, 31st Infantry Regiment, U.S. Army, was sentenced to 30 days of confinement and a bad conduct discharge.

As part of his guilty plea, PFC Carpenter admitted to wrongfully distributing and possessing cocaine.

This case was investigated by the Fort Drum Criminal Investigative Detachment (CID) and was prosecuted at a general court-martial on Fort Drum.

Happy Birthday to all Mountain Soldiers!  The 10th Light Division (Alpine) was activated on July 15, at Camp Hale, Color...
07/15/2020

Happy Birthday to all Mountain Soldiers! The 10th Light Division (Alpine) was activated on July 15, at Camp Hale, Colorado under the command of Maj. Gen. Lloyd E. Jones. After extensive winter and mountain warfare training, the Division moved to Camp Swift, Texas, for additional combat training. The 10th Light Division was re-designated the 10th Mountain Division on Nov. 6, 1944, and was deployed to the Italian theater under the command of Maj. Gen. George P. Hays soon thereafter. Following the German surrender, the 10th Mountain Division deployed with troops from Yugoslavia to the Italian border near Trieste, in support of Mission UDINE. After redeploying, the Division was inactivated on Nov. 30, 1945, at Camp Carson, Colorado.

The modern 10th Mountain Division was reactivated at Fort Drum, New York, on Feb. 13, 1985, as one of the U.S. Army’s new "light infantry” divisions under the command of Brig. Gen. William S. Carpenter. It was designed to meet a wide range of worldwide missions, adding a new dimension to the strategic mobility of the U.S. Armed Forces. The Division's rapid mobility enabled the arrival of troops in a crisis area before conflict began and demonstrated U.S. resolve and capability. The 10th Mountain Division (Light Infantry) was designed to reassure friends and allies while deterring adversaries. The reactivated Division would be habitually called into action and today, the 10th Mountain Division is the most deployed unit in the United States Army.

Throughout the Division's history, Judge Advocate legal professionals have proudly supported the Division in every endeavor. In Somalia, Haiti, Bosnia, Kosovo, Afghanistan, Iraq and a lot of other places in between, Soldiers from the Office of the Staff Judge Advocate (OSJA) have been there, serving alongside their fellow Mountain Soldiers, providing superior legal support to enable the mission. The legal professionals of the 10th Mountain Division OSJA are proud to continue the proud heritage of those that came before us. Over the past year 10th Mountain legal professionals have deployed in support of the Southwest Border Mission along the borders of Arizona, New Mexico, and Texas, and to Afghanistan in support of Operation Resolute Support and Operation Freedom Sentinel. Today, a contingency of six Judge Advocates and one paralegal from the Headquarters, 10th Mountain Division are deployed to Afghanistan in support of Operation Freedom Sentinel, along with Judge Advocates and paralegals from the 10th Sustainment Brigade and the 1st Brigade Combat Team.

It’s truly a privilege to serve in the 10th Mountain Division (Light Infantry) and with its' great Mountain Soldiers. 10th Mountain has been left a proud legacy by those who have served before us and we are honored to carry on the heritage.

Climb to Glory!

Discipline is the foundation of the 10th Mountain Division (Light Infantry).  The few Soldiers within our formation that...
07/03/2020

Discipline is the foundation of the 10th Mountain Division (Light Infantry). The few Soldiers within our formation that break the law will be held accountable through the appropriate administrative or criminal process. Before making a bad choice, call a battle buddy or a leader for help.

Check out The Jagged Peak for more information on actions taken in response to misconduct.

06/26/2020
Vice Chief of Staff of the U.S. Army

Take a minute to watch this clip of a discussion about race in the Army with senior leaders Under Secretary of the Army Hon. James E. McPherson, Vice Chief of Staff General Joseph Martin, Mr. Anselm Beach, Assistant Deputy Secretary of the Army for Equity and Inclusion, and Col. Timothy Holman, Army Chief of Diversity. You can check out the entire conversation at https://youtu.be/GSYrJYpb6JE

Last week the Under Secretary of the Army Hon. James E. McPherson and I sat down to discuss race in the Army with two of our subject matter experts, Mr. Anselm Beach, Assistant Deputy Secretary of the Army for Equity and Inclusion, and Col. Timothy Holman, Army Chief of Diversity. Here’s a clip from our conversation and please check out the entire conversation at https://youtu.be/GSYrJYpb6JE

“My whole adult life I have had to be STRONG, resilient, and “suck it up.” In the wake of the killing of George P. Floyd...
06/19/2020

“My whole adult life I have had to be STRONG, resilient, and “suck it up.” In the wake of the killing of George P. Floyd, Jr., one of my first thoughts was, “That could have been me.” I believe there is an unspoken expectation of Black Americans, to “suck it up,” pretend it’s not happening, and drive on. This expectation has existed for centuries.”

A quote from CSM Mike Bostic and former Mountain Warrior as TJAGLCS provides us a much needed history lesson and leadership thoughts on Juneteenth.

CTG, CSM!

Teammates:

Today is Juneteenth, the oldest celebration of the end of slavery in the United States. President Abraham Lincoln issued the Emancipation Proclamation on 1 January 1863; proclaiming the freeing of enslaved people in the Confederate states not under Union control. Despite this act, slavery continued, especially in border-states and in areas without large-scale fighting or significant Union presence, such as Texas. On 19 June 1865, federal troops under the command of MG Gordon Grander arrived in Galveston, Texas to take federal control of the state and enforce the freedom of enslaved people. When MG Granger, landed at Galveston, Texas, he issued General Order No. 3, proclaiming that all slaves are free. On 19 June 1866, the first of what became an annual celebration of "Jubilee Day" (Juneteenth/Emancipation Day) was held in Texas to celebrate the emancipation of enslaved people. Now almost all 50 states recognize Juneteenth as a state holiday. The 13th Amendment abolishing slavery was not ratified until December of 1865 and the consequences and remnants of slavery are still present in our institutions and society today. As we acknowledge the anniversary of Juneteenth this weekend, remember we must continue the fight against hate, ignorance, and racism in our institutions and communities.

In an upcoming Army Lawyer, you will see an article written by my battle buddy CSM Mike Bostic in response to the question: How do you feel about racism, social injustice, police brutality, discrimination, and inequality in America towards Black Americans?
Below is a preview of his response:

To know how I really feel, one would have to live in my life and in my skin and live all that I have seen, heard, and experienced. I am not perfect, none of us are. My whole adult life I have had to be STRONG, resilient, and “suck it up.” In the wake of the killing of George P. Floyd, Jr., one of my first thoughts was, “That could have been me.” I believe there is an unspoken expectation of Black Americans, to “suck it up,” pretend it’s not happening, and drive on. This expectation has existed for centuries.

I have decided to discuss with my children more about what we have endured so that they can better understand our unique lives. Just like I have decided to talk about these uncomfortable realities with my children, I also plan to share more with my JAG Corps Family. My hope is that by taking this step, many will feel less alone. I will proactively continue this conversation on race as a necessary part of the professional development of our Corps. When it comes to the burden of racism, our teammates should not “suck it up.” They should know that their leaders will listen and respond with compassion, empathy, humility, and—even if they can never truly understand—a desire to understand.

For leaders, especially staff judge advocates and command and chief paralegal NCOs—it may be awkward or uncomfortable to talk about race. “Suck it up.” Get over it. Have principle, you have advised commanders and senior enlisted advisers on the most sensitive issues our Army grapples with—ethical failures and sexual assault to name a couple. You must be as candid with your team as you are with your boss. You must overcome the discomfort for the benefit of your team. The candor you show to your boss about sensitive legal issues shows what kind of a lawyer or paralegal you are. The candor you show to your team shows what kind of a leader you are. Let’s Talk!

Happy Father’s Day to the Dads and father figures on the team. To the rest, if you are lucky to have a father (or father figure) in your life, give him a call!

Let’s Talk!

Joe

BG Joe Berger
Commanding General

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Fort Drum, NY
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10th Mountain Division Office of the Staff Judge Advocate

The Fort Drum Office of The Staff Judge Advocate provides full-spectrum legal support to the 10th Mountain Division community across all legal disciplines: Military Justice, Administrative Law, Client Legal Services, National Security Law, and Claims. We provide this support throughout Fort Drum to all units organized under Fort Drum and the family members of these Soldiers.

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