Tuesday, July 08, 2008

CAAF invalidates Army Reg's prohibition against certain staff corps' officers sitting on courts-martial

In United States v. Bartlett, __ M.J. ___, No. 07-0636/AR (C.A.A.F. July 7, 2008), CAAF invalidated a portion of Army Reg. 27-10 that apparently prohibited members of the Medical Corps, Medical Specialist Corps, Army Nurse Corps, Dental Corps, Chaplain Corps, and Veterinary Corps, as well as those detailed to Inspector General duty, from serving as court-martial members.

But CAAF held that the erroneous limitation on the discretion of the convening authority in selecting members of LTC Bartlett's panel was harmless.

More tonight.


guardlaw west said...

Perhaps this is something that requires legislative action. A year ago I had a discussion with one of our CA ARNG chaplains who had just been listed as eligible for appointment an ad sep to which I was listed as a legal advisor.

He explained very well why chaplains on boards and courts is a bad idea. He viewed it as interfering with his open door to soldiers to have him seen as someone who punishes soldiers. And, this chaplain is a "conservative" guy.

Fr. Daniel said...

Any update on this matter?