Special Considerations for Rating Judge Advocate General’s Corps Officers
D–1. Overview
The JAGC’s mission is to provide principled counsel and premier legal services in support of a ready, globally responsive, and regionally engaged Army.
JAGC personnel are expert and versatile in two core legal competencies: legal support for Soldiers/Family members (which encompasses the legal functions of providing Soldier and Family legal services, and trial defense services), and legal support for the Army (which encompasses the legal functions of providing advice on administrative and civil law, contracts and fiscal law, military justice, and national security law).
All judge advocates are bound by a strict code of professional responsibility, and therefore are required at all times to provide legal, accurate, and competent advice.
Refer to DA Pam 600–3 for more details on the roles and responsibilities of JAGC officers.
D–2. Evaluation of Judge Advocate General’s Corps officers
a.
Only TJAG, the Deputy Judge Advocate General, and commissioned officers of the U.S. Army judiciary may serve as rater, intermediate rater, or senior rater of a JAGC officer assigned to the U.S. Army judiciary as a military judge or to the U.S. Army Legal Services Agency as a military magistrate.
b.
No convening authority or any member of their staff may evaluate a JAGC officer assigned additional duties as a military judge or as military magistrate on the performance of their duties in that capacity.
c.
No rating official will give an adverse or less favorable rating or comment regarding a rated officer because they zealously represented, in any official capacity, an eligible individual with whom the rated officer had formed an attorney-client relationship.
d.
JAGC officers assigned, as prescribed in Article 6a, UCMJ (10 USC 806(a)), as the senior Judge Advocate on the staff of a commander authorized to convene General Courts-Martial will be the SJA.
The SJA is required to provide the commander independent legal advice pursuant to 10 USC 7037(e)(2).
In accordance with that statutory requirement, SJAs will normally be rated and senior rated by the General Court-Martial Convening Authority.
e.
JAGC officers assigned to BDE/BCTs will have a rating chain that is in accordance with paragraph 2–3 and will normally be considered as serving under dual supervision; therefore, paragraph 2–21 applies.
(1)
BDE/BCT judge advocates will, whenever possible, be rated by their local SJA and senior rated by the BDE/BCT commander.
(2)
JAGC officers serving as a trial counsel or military justice advisor within a Consolidated Legal Office in accordance with Army Regulation 27–1, paragraph 3-6d(4), will normally be rated by the Chief of Military Justice, intermediate rated by the BDE judge advocate, and senior rated by the SJA.
f.
JAGC officers assigned to non-BDE/BCT positions in the Office of the SJA may be rated by their immediate supervisor, intermediate rated by the Deputy SJA, and senior rated by the SJA, as appropriate.
D–3. Evaluating officers detailed to on-the-job training
a.
Officers attending law school under TJAG’s FLEP will be evaluated for periods of OJT, as described in paragraph 3–52.
When evaluating these officers, consider their grade, experience, and schooling.
They will not be compared with experienced lawyers.
b.
For officers taking part in the FLEP, the following entry will be placed in DA Form 67–10 series (OER), part III, block c:
“Officer is a full-time, active duty student attending law school at government expense under AR 27–1. On-the-job training continues in the summer when school is not in session.”
c.
Upon completion of FLEP, and while still affiliated with a university education program pending successful completion of a state bar exam, DA Form 1059–1 will be used to comment on any non-judge advocate duties performed after the officer successfully graduates law school but before the officer successfully completes a state bar examination.
A FLEP officer completing BOLC is required to receive a DA Form 1059.
This period of time will also be accounted for as nonrated time using the appropriate nonrated time codes on the rated officer’s initial tour of extended active duty OER.
It will cover the period since the “Thru” date of the last JAGC–OJT OER and before the first duty days performed as a JAGC officer.
D–4. Initial tour of extended active duty
a.
A code 14, Initial OER, will be rendered upon completion of 120 duty days as a JAGC officer, regardless of prior service in a branch other than JAGC, in a principal duty assignment under a single rater as detailed in paragraph 3–53.
This applies only if no OER has been made during the current period of service.
b.
A code 14, Initial OER, applies only to officers who complete law school under TJAG’s FLEP.
c.
Officers programmed for attendance at BOLC will not be evaluated in accordance with this paragraph before completing the course.
D–5. Judge Advocate General’s Corps officers assigned to the U.S. Army Trial Defense Service
JAGC officers assigned to the U.S. Army Trial Defense Service are not considered to be under dual supervision (see para 2–21).
Referenced Paragraphs
2–3. Rating chain information
a.
A rating chain is established by the commander, commandant, or leader of an organization and approved by the next higher commander, commandant, or leader of an organization for two-star level commands (or equivalent organizations).
Once established and approved, rating chains are maintained by rating officials to provide the best evaluation of an individual Soldier’s performance and potential.
A rating chain also ties the rated Soldier’s performance to a specific senior or subordinate relationship.
This allows for proper counseling to develop the rated Soldier and accomplish the mission.
These functions are normally best achieved within an organization’s chain of command or supervision.
2–21. Dual supervision (DA Form 67–10 series only)
Dual supervision exists when an officer is assigned duties by two separate chains of command or supervision throughout the entire rating period.
In these situations, a rating chain will be established that allows the officer’s performance and potential to be properly evaluated by those responsible for directing and assessing the officer’s duties and responsibilities.
3–52. Judge Advocate General’s Corps on-the-job training report
A DA Form 67–10 series OER will be rendered for JAGC officers serving in an on-the-job training status.
The report will evaluate the officer’s demonstrated legal abilities, professional attributes, and performance during the OJT period.
3–53. Initial tour of extended active duty report
A code 14, Initial OER, will be rendered for officers upon completion of the minimum rating qualifications during the officer’s initial tour of extended active duty.
The report will assess the officer’s performance and potential in the first principal duty assignment under a qualified rating chain.