1.6.3 Ámbito vital de la vivienda

2-81. Legal advice is provided to the SBCT commander by the legal officer found in the nonlethal effects cell assigned to the SBCT.

2-82. Legal support for the SBCT must address the following SBCT requirements:

The broad scope of potential missions, particularly legally intensive SSC missions, stability operations, and support operations.

Unique staff activities with significant legal implications, such as lethal and nonlethal effects coordination, HUMINT oversight, civil affairs, information operations, contact with local government officials, and liaison with diverse non-DOD agencies and organizations.

Sustained legal advice for continuous and sustained SBCT operations. Legal services support requirements for all brigade personnel.

2-83. To meet these requirements, the brigade operational legal team (BOLT) provides legal support in operational law (OPLAW) and the core legal disciplines. This section describes the BOLT and explains how it provides support in OPLAW and each core legal discipline.

B

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2-84. The SBCT BOLT is composed of all legal personnel assigned to the SBCT and subordinate battalions. Paralegal specialists in subordinate battalions or squadrons may be consolidated at the SBCT CP, or they may provide legal services in their units under the supervision of the SBCT legal officer depending upon the mission and situation. The BOLT provides legal support in OPLAW and provides or coordinates legal support in the six core legal disciplines—military justice, international law, administrative law, civil law (contract, fiscal, and environmental law), claims, and legal assistance. The SBCT legal officer, who is chief of the BOLT, tailors legal support to each operation, considering the mission, situation, employment role of the brigade, and the availability of reach or augmentation from higher headquarters. The legal issues facing the SBCT BOLT may extend across the full range of OPLAW and the core legal disciplines. The challenge for the BOLT is always to achieve requisite synergy to resolve complex legal questions within particular disciplines. Often, this synergy can be achieved only by communicating with the higher headquarters SJA section and other judge advocates in technical channels, which can extend back to the CONUS base.

2-85. The BOLT must be thoroughly integrated into the SBCT to provide proactive, continuous legal support. Specifically, the BOLT must be represented in the CP, must have access to the commander, and must have the training, mobility, secure communications and equipment to provide the right answers at the right time and place.

2-86. The BOLT must also be thoroughly integrated with higher legal technical channels. The BOLT cannot and does not attempt to resolve all legal issues arising within the SBCT. Rather, the BOLT seeks to practice preventive law, to identify the full range of legal issues and support requirements, to perform all legal tasks that must be done in the AO, and to coordinate other issues and requirements to higher headquarters.

SBCT Organization and Logistics Functions

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2-87. OPLAW is that body of domestic, foreign, and international law that directly affects the conduct of operations. OPLAW supports the C2 of military operations, to include the MDMP and the conduct of operations. OPLAW supports the MDMP by performing mission analysis, preparing legal estimates, designing the operational legal support architecture, wargaming, writing legal annexes, assisting in the development and training on the rules of engagement (ROE), and reviewing plans and orders. OPLAW supports the conduct of operations by maintaining SU and advising and assisting with targeting, implementing ROE, and conducting information operations. OPLAW also involves the provision of core legal disciplines that directly affect the C2 and sustainment of the force. Examples of these include but are not limited to—

Providing advice on Soldier disciplinary policies and court-martial jurisdictional alignments. Negotiating acquisition and cross-servicing agreements.

Interpreting status of forces agreements and agreements between coalition forces. Processing claims arising in an operational environment.

2-88. The BOLT provides legal support in OPLAW in the brigade main CP and in the administrative and logistics operations center.

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2-89. Military justice is the administration of the Uniform Code of Military Justice (UCMJ) and the disposition of alleged violations by judicial (courts-martial) or nonjudicial (Article 15, UCMJ) means. The purpose of military justice, as a part of military law, is to promote justice, to assist in maintaining good order and discipline in the armed forces, to promote efficiency and effectiveness in the military establishment, and to strengthen the national security of the United States. The commander is responsible for the administration of military justice in the unit and must communicate directly with the brigade legal officer about military justice matters.

2-90. The brigade legal officer personally advises the SBCT commander concerning the administration of justice, the disposition of alleged offenses, appeals of nonjudicial punishment, and actions on court- martial findings and sentences in cases convened by the commander. The BOLT prosecutes and processes courts-martial, prepares records of trial in cases convened by the commander, provides military justice training, and implements the victim-witness assistance programs in the brigade.

2-91. Unit commanders consult the BOLT for advice on the investigation and disposition of reports of misconduct by Soldiers, including the drafting of charges and imposition of pretrial restraint. Battalion paralegals will ordinarily prepare routine actions like nonjudicial punishment (Article 15, UCMJ) and chapter separation actions under the supervision of the BOLT paralegal NCO.

2-92. In cases of serious misconduct, the BOLT will coordinate with higher headquarters SJA for referral of cases to the General Court-Martial Convening Authority. Higher headquarters SJA provide logistical support for the conduct of all courts-martial including arranging the presence of the court reporter and military judge.

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L

2-93. International law is the application of international agreements, international customary practices, and the general principles of law recognized by civilized nations to military operations and activities. Within the Army, the practice of international law also includes foreign law, comparative law, martial law, and domestic law affecting overseas, intelligence, security assistance, counter-drug, and civil assistance activities. International law responsibilities include—

Implementation of the DOD law of war (LOW) program, including LOW training, advice concerning the application of the LOW (or other humanitarian law) to military operations, the determination of EPW status, and supervision of war crime investigations and trials. Assistance with international legal issues relating to U.S. forces overseas, including the legal basis for conducting operations, status of forces agreements, and the impact of foreign law

Chapter 2

2-22 FM 4-90.7 10 September 2007

on Army activities and personnel; monitoring foreign trials and confinement of Army and civilian personnel and their dependents.

Assistance with legal issues in intelligence, security assistance, counter-drug, and civil assistance activities.

Advice to the command concerning the development of international agreements and legal liaison with HN or allied legal authorities.

Advice on the conduct of detainee operations and liaison with international humanitarian agencies like the International Committee of the Red Cross (ICRC).

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2-94. Administrative law is the body of law containing the statutes, regulations, and judicial decisions that govern the establishment, functioning, and command of military organizations. The practice of administrative law includes advice to commanders and litigation on behalf of the Army involving specialized legal areas including military personnel law, government information practices, investigations, relationships with private organizations, labor relations, civilian employment law, military installations, and government ethics.

2-95. The SBCT BOLT provides legal advice to the commander and staff concerning military personnel law, adverse personnel actions, government information practices, investigations, relationships with private organizations, and government ethics. Due to potential ethical conflicts of interest, the BOLT may require support from higher headquarters legal offices for legal review of investigations. Higher headquarters SJA personnel also provide specialized administrative law advice not available at the SBCT BOLT.

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2-96. Civil law is the body of law containing the statutes, regulations, and judicial decisions that govern the rights and duties of military organizations and installations with regard to civil authorities. The practice of civil law includes contract law, fiscal law, environmental law, as well as other specialized areas of law.

2-97. The SBCT BOLT provides civil law advice to the commander and staff concerning acquisition and cross-servicing agreements, the commercial activities program, the proper use of funds, interagency support agreements, support to nonfederal entities, and the environmental aspects of SBCT operations. Primary contingency contracting support resides at the principal assistant responsible for contracting (PARC).

C

2-98. The Army Claims Program investigates, adjudicates, and settles claims on behalf of and against the Army worldwide. The claims program supports commanders by preventing distractions to the operation from claimants, promoting the morale of Army personnel by compensating them for property damage suffered incident to service, and promoting goodwill with the local population by providing compensation for personal injury or property damage caused by Army or DOD personnel. Categories of claims include claims for property damage of Soldiers and other employees arising incident to service, torts alleged against Army or DOD personnel acting within the scope of employment, and claims by the United States against individuals who injure Army personnel or damage Army property.

2-99. At the SBCT level, the BOLT provides limited claims support to the command. When deployed overseas, this includes the processing of maneuver damage claims, foreign claims, and solatia payments. Personnel claims filed by Soldiers at home station will ordinarily be processed by the consolidated legal office. Dedicated claims personnel are organic only to senior legal offices.

SBCT Organization and Logistics Functions

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2-100. Legal assistance provides personal civil legal services to Soldiers, their family members, and other eligible personnel. The mission of the Army Legal Assistance Program is to assist those eligible for legal assistance with their personal legal affairs in a timely and professional manner by meeting their needs for help and information on legal matters and resolving their personal legal problems whenever possible. From an operational standpoint, the mission of legal assistance is to ensure that the Soldiers’ personal legal affairs are in order prior to deployment, and then, in the deployment location, to meet the Soldiers’ legal assistance needs as quickly and as efficiently as possible. The Army legal assistance program promotes morale and discipline and, thereby, contributes directly to mission accomplishment.

2-101. The SBCT BOLT prepares brigade and subordinate unit Soldiers for deployment by participating in combat readiness exercises and Soldier readiness program processing. The SBCT BOLT provides personal civil legal services to Soldiers, including legal counseling, notarizations, basic wills, powers of attorney, and legal referrals. Other legal assistance services require augmentation from higher headquarters.

BOLTM

2-102. The SBCT BOLT depends on the SBCT for transportation and requires one dedicated vehicle with single-channel ground to air radio system (SINCGARS) and a trailer to support mobile legal operations. The BOLT must move with the brigade headquarters and travel throughout the brigade AO to perform legal tasks including, but not limited to, legal liaison and claims investigations. Frequently, this travel must occur independently from SBCT headquarters operations. During these times, the brigade legal officer must remain accessible to the command and must provide immediately required legal advice.

BOLTC

A

2-103. The SBCT BOLT must have the communications and automation equipment to prepare and deliver legal advice and services throughout the SBCT AO and to access both legal and operational information sources. Communication and automation capabilities must exist while on the move and must include secure, nonsecure, and non-line-of-sight capabilities. Each judge advocate and legal specialist must have SINCGARS and a rucksack deployable law office library (RDL) that provides access to Legal Automation Army-Wide System (LAAWS) databases. They must also have access to the ABCS—to include the MCS, FBCB2, and BCS3.