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FROM THE FULLTIME JAG’S DESK - MAJ William E. O’Connor                                           Volume I, Issue 3
                                                                                                                       November 2011
                           Welcome to another          received during the year. It    employees. The holiday
                      issue of The Advocate.           is also time for the official   season is upon us and
                      It is November, a month of       start of the holiday sea-       along with it the custom-
                      great significance for us        son.                            ary gift exchange. This
                      service members. It is a         With this in mind we have       guidance will explain what
                      time of giving our most          prepared a very special         is the DoD current policy
                      heartfelt thanks for the         issue for you. We will dis-     concerning this type of
   “It is a time of   service provided to our          cuss the Puerto Rico Vet-       activity in the federal
  giving our most     Nation.                          eran’s Bill of Rights. This     workplace.
 heartfelt thanks     The sacrifices made by you       legislation provides a se-      We also continue with our
                      guarantee and protect our        ries of great protections
   for the service                                     and benefits to our veter-
                                                                                       series concerning social
                      way of life as American                                          media in the Army and
  provided to our     citizens. It is also an oppor-   ans.                            our now highly antici-
    Nation. The       tunity to reunite with our       We will also provide guid-      pated movie and book
sacrifices made by    loved ones and be thankful       ance regarding the ex-          reviews and a few other
you guarantee and     for everything that we have      changing of gifts between       surprises. Enjoy.
protect our way of
 life as American     FROM THE CHIEF LEGAL NCO’S DESK - SFC Frank Chiroque
      citizens.”                                       then that we discuss with       nity to develop effective
                           For some time now,
                      I’ve had this nagging            soldiers the changes that       leadership skills in sync
                      thought in my mind which I       occur when changing from        with current training re-
                      use as an excuse to write        Title 32 to Title 10 USC        quirements and specifi-
                      the following words. As ser-     and the inevitable conse-       cally by the experiences
                      vice members, what have          quences of actions under        acquired in the field. We
                      we actually learned during       the notorious UCMJ.             have no excuse. Every
                      these past ten years of                                          one of us must have the
                      constant     mobilizations                                         moral center to follow
                      and deployments?                                                   those Values which have
                                                                                         been instilled in us since
                         The Puerto Rico Na-                                             our first day of training;
                      tional Guard has taken                                             Loyalty, Duty, Respect,       Inside this issue:
                      part in almost every imag-                                         Selfless Service, Honor,      Legal Resources, Know        2
                      inable type of activation.                                         Integrity and Personal        Your Rights:
 “Every one of us     We still do. From combat                                           Courage.                         The Puertorrican
                      support to humanitarian                                                                          Veterans Bill of Rights of
   must have the      assistance and everything                                             We are not naïve              the 21st Century
  moral center to     in between, we’ve done it                                          enough to think we will
                                                          Many of us have been         not continue to see disci-      Ethics Matters:              6
    follow those      all, and we’ve done it well,
                                                                                                                             Gifts between
                      but I believe we can still do    deployed under Federal          plinary situations among
   Values which       more.                            service on more than one                                               Employees
                                                                                       our soldiers, but we must
have been instilled                                    occasion and it stands to                                       Link it Up!                  7
                         During our SRPs I like to                                     strive to do better, by lead-
  in us since our                                      reason that we as a whole
                      emphasize on many things         should be more familiar-        ing from the front and by       What is Social Media?        7
     first day of     when briefing and assisting      ized with the way things        example. As legal profes-
training; Loyalty,    our soldiers. There are of       work when deployed.             sionals we in the OSJA will     At the Movies:               8
  Duty, Respect,      course the usual topics of       Technically    the    rules     persevere in promoting                Runaway Jury
                      discussion that we see on a      change, but it shouldn’t be
 Selfless Service,    daily basis in the OSJA such                                     the faithful compliance of      From the JAG Bookshelf:      8
                                                       perceived that way. The
 Honor, Integrity     as powers of attorney and        standard has always been
                                                                                       our rules and regulations           The Fourth Star
   and Personal       family care plans; and then      the same, regardless of         in an effort to maintain the    What’s New on Our            8
                      there are the situations                                         highest standards that          Facebook Page.
     Courage.”        which pop up every once in
                                                       where you are and who
                                                       you are doing it for.           distinguish the PRNG and
                      a while having to do with                                        continue to make it the
                                                          Our Officers and NCOs
                      legal problems of a more
                                                       have had great opportu-         premiere force it is.
                      disciplinary nature. It is
Your Rights Under The Puerto Rico Veterans Bill of Rights
                                Puerto Rico offers special         2009-2013 for his or her primary      square meters in the urban zone,
                            benefits for its military service      residence. If the building has more   or one cuerda in the rural zone,
                            members and veterans including         than one dwelling, the appraised      shall be exempted from property
                            income tax advantages, property        taxable value, for the purposes of    taxes, provide that the same is
                            tax exemptions, education and          the exemption, shall be the propor-   the dwelling of the injured vet-
                            tuition assistance, as well as in-     tional part which corresponds to      eran or his immediate family [act
                            jury and death benefits. Eligibility   the dwelling occupied by a vet-       of congress 06-89, effective
                            for some benefits may depend on        eran, of the total value of the       January 1, 1968.]
                            residency, military component          building and the lot, as determined   Eligibility: The tax exemption is
                            and veteran disability status.         by the Secretary of the Treasury.     granted to an injured veteran and
                                                                                                         shall cease when the property is
                                                                                                         no longer used as his or her
                                                                                                         dwelling or that of his or her im-
                                                                                                         mediate family.
                                                                                                         Property Exemption Applicable to
                                                                                                         Disabled Veterans: Any veteran
                                                                                                         who receives disability compen-
                                                                                                         sation of fifty percent (50%) or
                                                                                                         more shall be entitled to a prop-
                                                                                                         erty tax exemption on the five
                                                                                                         hundred thousand ($500,000)
                                                                                                         dollars of the appraised value of
                                                                                                         the property for taxable pur-
                                                                                                         poses.
                                                                                                         Eligibility: Veterans with service-
                                                                                                         connected disability rating of
                                                                                                         50% or more and appropriate
                                                                                                         documentation from the Vet-
                                                                                                         eran's Administration. House or
                                                                                                         lot may not exceed five hundred
                                                                                                         (500) square meters in the urban
                                                                                                         zone, or one cuerda in the rural
                                                                                                         zone, provided that the dwelling
                                                                                                         has been the residence of the
                                                                                                         veteran or immediate family on
                                                                                                         January 1 of the year immedi-
                                                                                                         ately preceding the taxable year
                                                                                                         for which exemption is. Veteran
                                                                                                         applying for property exemption
                                                                                                         must provide following materials:
                                                                                                         (1) The original or a photocopy of
                                                                                                         discharge certificate from the
                                                                                                         branch of the Armed Forces of
                                                                                                         the United States where veteran
                                                                                                         served. The veteran shall not
                                                                                                         have to present the original or
                                                                                                         photocopy of his or her discharge
The Office of the Puer-             Benefit Highlights             Eligibility: Veterans who apply       certificate each year, provided he
torrican Veterans Om-                 and Eligibility              must have their application for       or she leaves a photocopy of
budsman’s mission is to               Territory Taxes              exemption granted by the office of    these papers in the archives of
protect and guarantee                                              the Secretary of the Treasury.        the collector.
the rights of Puertorri-    Income Tax Advantage: Veterans
can veterans and their      are entitled to a $1,500.00 tax                                              (2) Written certificate from an
                                                                   Property Exemption Applicable to      official of the Veterans' Admini-
dependants through          deduction for life. (Income Tax        Injured Veterans: Every house
assistance, guidance        Act, Act No. 91 of June 29, 1954)                                            stration attesting to the veteran's
                                                                   built, acquired or remodeled or to    degree of disability as of the 1st
and advice for the bene-    Eligibility: All veterans.
fit of their economic and                                          be constructed, acquired or re-       of January immediately proceed-
social welfare.             Property Tax Exemption Applica-        modeled in the future by a dis-       ing the taxable year for which he
                            ble to All Veterans: Veteran is        abled veteran, and the lot where      or she is requesting exemption.
                            exempt from up to fifty thousand       the same is located, which does                                     >>>
                            ($50,000) dollars for tax years        not exceed five hundred (500)
(3) Sworn statement attesting         to a maximum of $1,000.00 an-           The veterans who are
that the property in question was     nually for two years.                   university students in
being used as the residence of        Eligibility: To participate in the      recognized universi-
the veteran or his immediate fam-     State Tuition Assistance program,       ties outside of the
ily on the 1st of January immedi-     citizen-soldiers must be on active      territory of the United
ately preceding the taxable year      drill status or AGR, pay $5.00          States and Puerto
for which he is requesting exemp-     monthly, and have no spouse or          Rico enjoy the same
tion.                                 dependent using it at the moment        benefits as if they
                                      they request the assistance. The        were studying in any
   Automobile Tax Exemption                                                   university in Puerto
                                      State Tuition Assistance provides
The automobiles furnished to          the spouse for Graduate Degree          Rico.
injured veterans by, or with the      up to 18 credits, a maximum of          Eligibility: Veterans of
help of the Veterans' Administra-     $75.00, and a maximum of                the      U.S.     Armed
tion, are hereby exempted from        $1,350.00 per semester. The             Forces and Air Na-
the tax on vehicles. [Excise Tax      State Tuition Assistance provides       tional Guard mem-
Act of Puerto Rico, sections 4001     funding for the spouses and/or          bers on State Active
et seq. of Title 13.] The replace-    dependents for Undergraduate or         Duty.
ments of                              Vocational courses up to a maxi-        Education Admission Preference:           The Puerto Rico Depart-
                                      mum of 18 credits, a maximum of                                                   ment of Education’s Vet-
the automobile thus acquired                                                  Merchant Marine School is estab-          erans Assistance Pro-
                                      $50.00 per credit, and a maxi-          lished in the Commonwealth of
shall also be entitled to this ex-                                                                                      gram is a service that
                                      mum of $900.00 per semester, or         Puerto Rico, the veterans who             offers educational oppor-
emption, provided that the auto-
                                      the cost per credit.                    meet the admission requirements           tunities, tailored to the
mobile to be replaced has been in
                                                                              shall be given preference for ad-         academic needs of Puer-
the possession of the veteran for     Educational Leave without Pay:                                                    torrican veterans who
his personal use for a period of      Veterans can continue their stud-       mission.                                  have exhausted their
not less than four (4) years. How-    ies in or outside of Puerto Rico,              Employment Benefits                benefits under Federal
ever, in those cases in which the     and shall be entitled to request                                                  legislation, without hav-
automobile to be replaced has         leave without pay, for the reason-      Employment Preference: The gov-           ing achieved their educa-
                                                                              ernment of the Commonwealth of            tional goals, already initi-
become unusable for fortuitous        able period of time required for                                                  ated under the Federal
causes not attributable to its        the studies and while they are          Puerto Rico, its agencies and in-         Chapter for studies.
owner's negligence, the replace-      taking courses. Veterans will be        strumentalities, public or quasi-
ment shall be entitled to the ex-     reinstated in the position or office    public corporations, municipali-
emption even though the 4 years       they held at the time they left in      ties, and all private, natural
have not expired.                     order to study, or in another posi-     or juridical persons who op-
Eligibility: Veterans must have       tion or office of the same cate-        erate businesses in Puerto
certification that automobile was     gory, salary and rank.                  Rico, shall be under the obli-
furnished with the assistance of      Eligibility: Any veteran who is an      gation to:
Veteran's Administration.             official or employee of the Com-        (a) Give preference to a vet-
                                      monwealth of Puerto Rico, its           eran, under equal academic
           War Surplus
                                      agencies and instrumentalities,         and technical conditions or
The war surplus property acquired     public or quasi-public corpora-         experience, when filling any
by a veteran is hereby exempted       tions, and of the municipal govern-     position, employment or
from all types of taxes or duties,    ments.                                  employment opportunity.
provided that the same is for per-
                                      Tuition Assistance: Any veteran         (b) Reinstate a veteran in the
sonal use and it does not have a
                                      university student who has ex-          same position or work he
total value of more than five thou-
                                      hausted or will soon exhaust his        was performing at the time
sand (5,000) dollars.
                                      right to study under the legislation    he was called into the Armed
Eligibility: All veterans
                                      approved by the Congress of the         Forces, if the veteran for-
       Education Benefits             United States of America, without       mally requests it within six
                                      having completed his bachelor's         (6) months following his dis-
The Puerto Rico National Guard        degree or other post-graduate
Tuition Assistance Fund (FIGNA):                                              charge, and the same posi-
                                      studies s/he has already initiated,     tion or office he held still exists, or
Provides funding for Graduate         for which s/he may qualify and                                                    Check out the com-
Degree up to 18 credits, per aca-                                             in another of the same category.          plete text of the Puerto
                                      wish to pursue, because those
demic year; maximum of $75.00         studies extend for a longer period      (c) Add five (5) points or five (5)       Rico Veterans Bill of
per credit, and a maximum of                                                                                            Rights of the 21st Cen-
                                      of time than authorized by federal      percent whichever is greater, to
$1,350.00 per year, undergradu-                                                                                         tury, by following the
                                      legislation, is entitled to free tui-   the grade obtained by a veteran in        link above to Law No.
ate or vocational courses, up to      tion in the University of Puerto        any exam or test required to qual-
18 credits, maximum of $50.00;                                                                                          203 of 14 December
                                      Rico and its Regional Colleges,         ify for a job or a promotion. The         2007, as amended.
or the cost per credit according to   and preference, in equal condi-         veterans who have a service con-
the educational institution, which-   tions, as to assistance, grants and     nected disability shall be given an
ever is less; and a maximum of        other benefits granted to univer-       additional five (5) points or five (5)
$900.00 per year and for M.D. up      sity students.                          percent whichever is greater. >>>
The Department of Veter-
ans Affairs (VA) offers a
wide variety of programs
and services for the na-
tion’s 23 million veterans.
Of those, more than
116,000 are Puertorrican
veterans.    The VA has
spent approximately $1.1
billion, towards providing
for Puertorrican veterans.
Among the many services
included there are com-
pensation and pensions,
readjustment benefits,
medical and construction
programs, insurance and        (d) Offer competitive tests to any     Injured Veterans License Fees: The        with prepaid medical insurance
indemnities.                   veteran who, due to being in the       automobiles furnished to injured          including TRICARE will be exempt
                               active service, has not been able to   veterans by, or with the help of the      from the corresponding payment of
                               take the competitive tests, and who    Veteran's Administration, shall be        the deductible.
                               requests them within ninety (90)       exempted from the license fees.           Eligibility: Veterans, spouses, and
                               days after his honorable discharge;    [Sections 301 seq of Title 9.] The        children up to eighteen (18) years
                               and if he passes said tests, the       Department of Transportation and          of age, and whore university stu-
                               veteran's name is to be included in    Public Works shall provide every          dents with valid student identifica-
                               the corresponding list or register.    injured Veteran with a license plate      tion. Physically or mentally disabled
                                                                      with a symbol which identifies the        children of veterans shall receive
                               (e) Any veteran who enters or re-
                                                                      veteran's automobile as that of an        the benefits without any age limit.
                               enters the service of the Common-
                                                                      injured veteran. If the owner of an       The medical rights will be extended
                               wealth, and becomes a participant
                                                                      automobile that has been ex-              to children of veterans who died on
                               of any of the government systems
                                                                      empted from license fees pursuant         the field of battle, up to the age of
                               or retirement funds, is entitled to
                                                                      to this provision, sells, transfers or    eighteen (18) years, university stu-
The My Army Benefits           be credited all the time in active
website is the official US                                            in any way alienates it, the acquirer     dents up to the age of twenty-five
                               service in the Armed Forces to-
Army site, which explains                                             shall be obligated to pay the corre-      (25) years, and to physically or
                               wards retirement.
in detail many of the bene-                                           sponding fees, counting from the          mentally disabled children without
fits and protections af-       Eligibility: Veteran of the Armed
                                                                      fiscal year in which the exemption        any age limit.
forded to service members.     Forces with honorable discharge.
                                                                      to said automobile was granted.
It provides information                                                                                         Certificates Issued by Government
from all 50 States and         Employment Assistance: Common-         Eligibility: Veteran must have dis-
                                                                                                                Dependencies: Veteran will receive
Territories of the United      wealth employees receive 30 days       ability certification from Veteran's
                                                                                                                free certificates from the officers or
States. Click on the link      paid military leave per year. An an-   Administration.
above to learn more.
                                                                                                                dependencies of the Government of
                               nuity is provided to any Guard
                                                                      Rights Related to the Acquisition of      Puerto Rico and of the Municipal
                               member from 55-60 (if retired).
                                                                      Properties: Preference shall be           Governments, such as courts, regis-
                               Eligibility: National Guard member,
                                                                      given to Veterans in any distribu-        tries, bureaus and others of the
                               or retired Guard member from 55-
                                                                      tion, sale, cession, donation or          same or similar nature, when cer-
                               60.
                                                                      lease of property of the Common-          tificates are needed by the veteran,
                                              Health and
                                                                      wealth of Puerto Rico, its agencies       veteran's widow or dependents for
                                          Insurance Benefits
                                                                      or instrumentalities and municipali-      official uses and to claim any right.
                               Injury/Death Benefits: The Institu-    ties, including the housing projects      Eligibility: The Puerto Rico Veterans'
                               tional Trust of the PRNG provides      under the Department of housing.          Affairs Bureau shall regulate the
                               free funeral; $3,000 for individual    Eligibility: Honorably discharged         manner in which the exemption
                               Guard members or retired up to age     veterans.                                 shall be claimed.
                               60.
                                                                      Rights Related to Medical-Hospital
                               Eligibility: National Guard members                                                           ________________________
                                                                      Services: It shall be the obligation
                               or retired up to age 60                                                            Puerto Rico Veterans’ Affairs Bureau
                                                                      of the municipalities and of the
                               Group Insurance: The Institutional     Commonwealth government to fur-                     (Oficina del Procurador
 The US Department of          Trust of the PRNG provides free life   nish, without any cost whatsoever,               del Veterano Puertorriqueño)
 Veterans Affairs provides                                            through all of their health facilities,
                               insurance; $5,000 for individual.                                                              Mailing Address:
 many other benefits and
                               Eligibility: National Guard members    the medical attention, treatment,
 protections which cover                                                                                           PO Box 11737, San Juan, PR 00910-1737
 the thousands of Puertorri-   or retired up to 60 years old          hospitalization and necessary medi-
                                                                      cations, with prior medical prescrip-
                                                                                                                             Physical Address:
 can veterans. Click on the
 Department Logo to check      Workers Compensation: State Ac-        tion and an evaluation of their fi-       Ave. Ponce de León, Mercantil Plaza, 4th Floor
 out all the Fact Sheets       tive Duty National Guard members       nancial situation based on the crite-             Suite 401, Hato Rey, PR 00918
 available explaining them     receive workers’ compensation.         ria of the Federal Medical Assis-                          Telephone:
 in detail.                    Eligibility: National Guard member.    tance Program Title 19 of the Fed-                       (787) 758-5760
                                     Miscellaneous Benefits           eral Social Security Act to veterans                           Fax:
                                                                      and their dependents. Veterans                           (787) 758-5788
On 11 November 1918, at
1100 hours, the “Great War,”
later known as World War I
did not officially end. That did
not occur until June 28, 1919
and the signing of the Treaty
of Versailles. However, 11
November 1918 is the date of
the cessation of hostilities. At
the time, this had been the
most deadly war the world
had witnessed.
In acknowledgment of the
sacrifices of the American
Soldiers who served in this
war, Congress mandated in
1938 that 11 November
would be “Armistice Day.”
This would be a legal holiday,
honoring these veterans. In
1954, the holiday was re-
named, “Veterans Day,” to
honor all veterans.




   "As we express our
   gratitude, we must
  never forget that the
highest appreciation is
 not to utter words, but
   to live by them."
   - John F. Kennedy




 President Obama calls on
 Americans to honor the ser-
 vice and sacrifice of the na-
 tion’s troops. Check out his
 video announcement on Vet-
 eran’s Day and his plan for a
 Returning Heroes and
 Wounded Warriors tax credit
 for businesses that hire re-
 turning veterans.
The holidays are upon us         vided to personal friends); and      who are not Federal employees,
                                                                                                         including contractor personnel
                               and we all know that it is a time    d. Items in connection with the
                                                                                                         who may be working in the
                               in which friends and loved ones      receipt of personal hospitality
                                                                                                         same office.
                               customarily exchange gifts.          (of a type and value given on
                               Many offices even conduct gift       such occasions).                     PRACTICE TIP: The so-called
                               exchanges at their all too com-                                           “Perry exception” should no
                                                                    2. A subordinate may give a gift
                               mon office parties. Therefore,                                            longer be invoked as an excep-
                                                                    appropriate to the occasion or
                               we are including the current                                              tion to the $300 limit. See DOD
                                                                    donate toward a gift to an offi-
                               guidance concerning gifts be-                                             SOCO Advisory 09-03 (March
                                                                    cial superior, and an official
                               tween employees in the federal                                            23, 2009).
                                                                    superior may accept a gift on
                               workplace so your festivities are    special infrequent occasions         4. Solicitations for gifts to an
                               merry.                               such as:                             official superior may not exceed
                               GIFTS BETWEEN EMPLOYEES                                                   $10 (although employees are
                                                                    a. In recognition of an infre-
                                                                                                         free to give more than $10) and
                               A. General Punitive Rules (5         quent event of personal signifi-
                                                                                                         must be completely voluntary
                               C.F.R. § 2635.302(a)).               cance such as marriage, illness,
                                                                                                         (given freely, without pressure
                                                                    or birth of a child (would not
                                 An employee shall not, di-                                              or coercion). JER 2-203b
                                                                    include a promotion); or
                               rectly or indirectly:                                                     THE STANDARDS OF CONDUCT
                                                                    b. Upon an occasion that termi-
                               1. Give a gift or make a dona-                                                   OFFICE, DoD
                                                                    nates the official superior – sub-
                               tion toward a gift for an official   ordinate relationship such as           The President of the United
   DoDD 5500.7, Stan-          superior or solicit a contribution
dards of Conduct, pro-                                              transfer, resignation, or retire-    States affirmed his strong sup-
                               from another employee for a gift     ment.                                port for ethical conduct by Gov-
vides guidance to military
                               to either his own official supe-                                          ernment officers and employees
personnel on standards of                                           3. Group gifts on special infre-
                               rior or that of another; or                                               in Executive Order 12674, April
conduct and ethics. Viola-                                          quent occasions are limited to
tions of the punitive provi-   2. Accept a gift from a lower-                                            12, 1989.
                                                                    $300 in value per donating
sions by military personnel    paid employee, unless the do-
can result in prosecution
                                                                    group (JER 2-203(a)).                  He charged the head of each
                               nor and recipient are personal                                            agency to "ensure that the rank,
under the Uniform Code of      friends who are not in an official   a. A donating group is com-
Military Justice (UCMJ).                                                                                 responsibilities, authority, staff-
                               superior-subordinate relation-       prised of all contributors to that
                                                                                                              ing, and resources of the
   Violations of the puni-     ship.                                                                          Designated Agency Ethics
tive provisions by civilian                                                                                   Official (DAEO) are suffi-
personnel may result in        3.    “Official   superior”
                               means any other em-                                                            cient to ensure the effec-
disciplinary action without
                               ployee, including but not                                                      tiveness of the agency
regard to the issue of
criminal liability. Military   limited to an immediate                                                        ethics program" (Sec. 301
members and civilian em-       supervisor, whose official                                                     (e)).
ployees, who violate these     responsibilities     include                                                       The DAEO of the Office
standards, even if such        directing or evaluating the                                                     of the Secretary of De-
violations do not consti-      performance of the em-                                                          fense is the General
tute criminal misconduct,      ployee or any official supe-                                                    Counsel. He uses his
are subject to administra-     rior of the employee, i.e.,                                                     Standards of Conduct
tive actions, such as repri-   anyone in the employee’s                                                        Office (SOCO) to adminis-
mands.                         chain of command. 5                                                             ter his responsibilities.
  Ethics are standards by      C.F.R. § 2635.303(d).                                                           SOCO is an element of the
which one should act           B. Exceptions     (5   C.F.R.   §    group gift.                          Defense Legal Services Agency
based on values. Values                                                                                  under the Deputy General Coun-
                               2635.304).                           b. If one employee contributes
are core beliefs such as                                                                                 sel for Personnel and Health
duty, honor, and integrity     1. Unsolicited gifts may be given    to two or more donating groups,
                                                                                                         Policy (DGC/P&HP).
that motivate attitudes        on an occasional basis (not          then the value of the gifts from
and actions. Not all values    routine), including traditional      groups with a common contribu-          SOCO prepares policy guid-
are ethical values.            gift-giving occasions, such as       tor are aggregated for the pur-      ance for Department-wide appli-
   Ethical values relate to    birthdays and holidays. This         poses of the $300 limit (JER 2-      cation through the "Standards
what is right and wrong        includes:                            203(a)(2)).                          of Conduct" Directive (DoDD
and thus take precedence                                                                                 5500.7), the "Joint Ethics Regu-
                               a. Items (no cash) with an ag-       PRACTICE TIP: Although not spe-
over non-ethical values                                                                                  lation (JER)" (DoD 5500.7-R),
                               gregate value of $10 or less per     cifically mentioned in JER 2-
when making ethical deci-                                                                                and written opinions. It supports
                               occasion;                            203, the $300 limit in JER 2-
sions. DoD employees                                                                                     the Ethics Oversight Committee,
                                                                    203(a) is also subject to the no
should carefully consider      b. Items such as food and re-                                             which is composed of senior
ethical values when mak-
                                                                    “buy-down” provisions.
                               freshments that will be con-                                              ethics officials from the major
ing decisions as part of       sumed at the office;                 PRACTICE TIP: These gift rules       DoD components and is chaired
official duties.                                                    apply only to Federal employees.     by the Director of SOCO. The
                               c. Personal hospitality (e.g.,       Such group gifts may not in-         members coordinate policy,
                               meals) at someone's home (of a       clude contributions from parties     training programs, and imple-
                               type and value customarily pro-                                           menting regulations.
WHAT IS SOCIAL MEDIA? - From the US Army Social Media Handbook (August 2011)
                                             The Army recognizes that so-     every Soldier to be a part of the
     Social media represents a           cial media has the ability to com-   Army story. By starting a discus-
shift in the way we as a culture         municate with larger audiences       sion on Facebook, or comment-
communicate. By using Internet-          faster and in new ways. It has       ing on a Soldier’s story on a
based platforms like Facebook,           become an important tool for         blog, all Soldiers can contribute
Twitter, Flickr and YouTube, so-         Army messaging and outreach.         to the Army story. Social media
cial media provides new ways to          The Army uses a variety of social    is a cheap, effective and meas-
connect, interact and learn. Peo-        media platforms designed to          ureable form of communication.
ple no longer look for the news,         support a range of media from        The Army uses social
the news find them. And in the           text, audio, pictures and videos;    media to tell the Army’s
world of social media, the percep-       all of which is generated and        story, but it also uses
tion of truth can be just as power-      maintained by organizations and      social media to listen.
ful as the truth itself. The Internet    individuals within the Army Fam-
moves       information       quickly,   ily. The Army understands the        WHAT DOES THE DoD
whether for good or bad. Social          risks associated social media        SAY ABOUT SOCIAL
media, with a variety of available                                            MEDIA?
                                         and has worked hard to develop
platforms, can instantaneously                                                   On February 25,
                                         training to help Soldiers and
connect users within a global            family members use social me-        2010, the DoD issued a
network, making the transfer of          dia responsibly.                     Directive-Type Memo-
information even more pervasive.                                              randum (DTM) provid-
Today, social media is so wide-          WHY USE SOCIAL MEDIA?                ing guidelines for mili-
spread and transparent that you            Soldiers have always been the      tary use of social media
may already be involved even if          Army’s best and most effective       and       acknowledged
you are not actively participating.      messengers. Today, Army social       “that     Internet-based
Social media is highly effective         media enables the                    capabilities are integral
tool to use when reaching out to         Army Family around town,             to operations across
large communities and audi-              around the country and around        the Department of Defense.”
ences. But with this substantial         the world to stay connected and      DTM 09-026 Responsible and
ability to connect with the              spread the Army’s key themes         Effective Use of Internet-based
masses, comes risks. Using social        and messages. Every time a           Capabilities outlined how the
media to spread information is           member of the Army Family joins      NIPRNET should be configured
becoming the standard. More              Army social media, it increases      to allow access to Internet-
and more units are using social          the timely and transparent dis-      based capabilities across all
media to communicate, so it’s            semination of information. It        DoD components. All service
more important than ever to un-          ensures that the Army’s story is     branches are using social media
derstand the risks associated            shared honestly and directly to      at different levels, but this DTM
with using the various platforms.        Americans where they are and         clearly indicates that use of so-
                                         whenever they want to see, read      cial media in the DoD is author-
ARMY SOCIAL MEDIA                        or hear it. Social media allows      ized.
PUERTO RICO NATIONAL GUARD                                                      ful gun manufacturing corpo-                work on the surveillance
OFFICE OF THE STAFF JUDGE ADVOCATE                                              rate consortium she holds                   and assessment of poten-
100 General Esteves Street                                                      responsible for her hus-                    tial jurors. He will know eve-
San Juan, Puerto Rico 00901-1401                                                band’s murder, she sets in                  rything about their lives,
Phone: 289-1400 Ext. 1030                                                       motion a multi-million dollar               and strategically manipu-
Fax: 787-289-1431                                                               case. But it’s a suit that may              late the jury selection proc-
E-Mail: theadvocate.prng@gmail.com                                              be won even before it begins                ess. The only acceptable
                                                                                --based solely on the selec-                result is the perfect jury to
                                                                                tion, manipulation and, ulti-               vote in favor of his client.
http://                                                                         mately, the “theft” of the                  Fitch and Rohr soon realize
                                                                                jury. Representing the widow                they’re not the only ones
www.facebook.com                                                                is Wendall Rohr (Hoffman), a                out to win the jury. One of
/PRNG.OSJA                                                                      courtly Southern lawyer with                the jurors, Nick Easter
                                                                                a moral center and a heart-                 (Cusack), seems to have his
                                                                                felt passion for the case he’s              own plan for swaying the
                                                                                presenting. His opponent is                 panel. And a mysterious
                                                                                ostensibly the attorney rep-                woman known only as Mar-
                                                                                resenting the corporation.                  lee (Weisz) contacts both
                                                                                But in reality, defense coun-               Rohr and Fitch telling them
                                                                                sel is only the front man for               the jury’s for sale to either
   US Supreme Court to                                                         Rankin Fitch (Hackman), a                   of them--and that the ver-
                                                                                brilliant and ruthless jury                 dict won’t come cheap.
    rule on Stolen Valor                 Based on the novel by                  consultant. At a high tech                  While the case is argued in
    Act                              John Grisham; when a young                 command center set up in                    court, a dangerous cat and
   Puerto Rico Veterans’            widow in New Orleans brings                an old French Quarter ware-                 mouse game begins to play
    Affairs Bureau                   a civil suit against the power-            house, Fitch and his team                   out.

   Your Benefits in                                                            tional soldiers; a new gen-                 operations and scholars.
    Puerto Rico from the                                                        eration asked to save an                       The amazing careers of
    Official US Army Site                                                       army that has been hol-                     these officers tell the story
                                                                                lowed out after Vietnam.                    of an Army coming out of
   Access all issues of                                                        They survived the military’s
                                                                                                                            the Vietnam war and the
    The Advocate, and                                                           brutal winnowing to reach
                                                                                its top echelon. They be-                   various conflicts in which
    give us your feedback,                                                      came the Army’s most influ-                 the US was involved prior to
    on how to make it a                                                         ential generals in the cruci-               the events leading up to
    better newsletter for                                                       ble of Iraq”.                               Operation Iraqi Freedom
    You                                                                                                                     (now Operation New Dawn)
                                                                                   This book tells the story of             and Operation Enduring
   How to negotiate a                                                          four generals, David Pet-
                                                                                                                            Freedom. This book pro-
    payment plan or set-                                                        raeus, John Abizaid, George
                                                                                Casey,     Jr.    and    Peter              vides a unique insight, both
    tlement with creditors                                                      Chiarelli. In the aftermath of              to the recent history of the
                                                                                the Vietnam conflict, the                   Army and that of an offi-
   Request a free copy of                                                      Army found itself adrift. It                cer’s career progression
    your Credit Report                                                          was a tumultuous time in                    leading to the higher eche-
    from the three major                                                        our Army’s history. These
                                                                                                                            lons of command.
    credit bureaus                                                              four officers, experienced
                                                                                firsthand, this troubled time
                                                                                                                               The Fourth Star, appeals
   Help prevent Domestic                                                       in our institution and were
                                     The Fourth Star, Four Gener-               determined to ensure the                    to those students of military
    Violence                         als and their epic struggle                future of the Army. These                   history. It is an analysis of
   Ten safe social net-             for the future of the United               highly intelligent and moti-                current affairs and a leader-
                                     States Army By David Cloud                 vated officers distinguished                ship book all in one. It is a
    working sites for kids           and Greg Jaffe.                            themselves for being “out-of                book that everyone, military
                                                                                -the-box” thinkers, experi-
   Social networking                   “They were four excep-                  enced in a wide spectrum of
                                                                                                                            or civilian, should read.
    sites: Safety tips for
    teens and “tweens”                     ***The materials and information on this newsletter are made available by the PRNG OSJA for informational
                                          and entertainment purposes only. It does not constitute legal advice. This newsletter is not intended as adver-
                                          tising and it does not create an attorney-client relationship. Persons reading the information on this newsletter
                                                   should not act upon the information provided without seeking professional legal counsel.***

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The Advocate Issue 3 Vol 1

  • 1. FROM THE FULLTIME JAG’S DESK - MAJ William E. O’Connor Volume I, Issue 3 November 2011 Welcome to another received during the year. It employees. The holiday issue of The Advocate. is also time for the official season is upon us and It is November, a month of start of the holiday sea- along with it the custom- great significance for us son. ary gift exchange. This service members. It is a With this in mind we have guidance will explain what time of giving our most prepared a very special is the DoD current policy heartfelt thanks for the issue for you. We will dis- concerning this type of “It is a time of service provided to our cuss the Puerto Rico Vet- activity in the federal giving our most Nation. eran’s Bill of Rights. This workplace. heartfelt thanks The sacrifices made by you legislation provides a se- We also continue with our guarantee and protect our ries of great protections for the service and benefits to our veter- series concerning social way of life as American media in the Army and provided to our citizens. It is also an oppor- ans. our now highly antici- Nation. The tunity to reunite with our We will also provide guid- pated movie and book sacrifices made by loved ones and be thankful ance regarding the ex- reviews and a few other you guarantee and for everything that we have changing of gifts between surprises. Enjoy. protect our way of life as American FROM THE CHIEF LEGAL NCO’S DESK - SFC Frank Chiroque citizens.” then that we discuss with nity to develop effective For some time now, I’ve had this nagging soldiers the changes that leadership skills in sync thought in my mind which I occur when changing from with current training re- use as an excuse to write Title 32 to Title 10 USC quirements and specifi- the following words. As ser- and the inevitable conse- cally by the experiences vice members, what have quences of actions under acquired in the field. We we actually learned during the notorious UCMJ. have no excuse. Every these past ten years of one of us must have the constant mobilizations moral center to follow and deployments? those Values which have been instilled in us since The Puerto Rico Na- our first day of training; tional Guard has taken Loyalty, Duty, Respect, Inside this issue: part in almost every imag- Selfless Service, Honor, Legal Resources, Know 2 inable type of activation. Integrity and Personal Your Rights: “Every one of us We still do. From combat Courage. The Puertorrican support to humanitarian Veterans Bill of Rights of must have the assistance and everything We are not naïve the 21st Century moral center to in between, we’ve done it enough to think we will Many of us have been not continue to see disci- Ethics Matters: 6 follow those all, and we’ve done it well, Gifts between but I believe we can still do deployed under Federal plinary situations among Values which more. service on more than one Employees our soldiers, but we must have been instilled occasion and it stands to Link it Up! 7 During our SRPs I like to strive to do better, by lead- in us since our reason that we as a whole emphasize on many things should be more familiar- ing from the front and by What is Social Media? 7 first day of when briefing and assisting ized with the way things example. As legal profes- training; Loyalty, our soldiers. There are of work when deployed. sionals we in the OSJA will At the Movies: 8 Duty, Respect, course the usual topics of Technically the rules persevere in promoting Runaway Jury discussion that we see on a change, but it shouldn’t be Selfless Service, daily basis in the OSJA such the faithful compliance of From the JAG Bookshelf: 8 perceived that way. The Honor, Integrity as powers of attorney and standard has always been our rules and regulations The Fourth Star and Personal family care plans; and then the same, regardless of in an effort to maintain the What’s New on Our 8 there are the situations highest standards that Facebook Page. Courage.” which pop up every once in where you are and who you are doing it for. distinguish the PRNG and a while having to do with continue to make it the Our Officers and NCOs legal problems of a more have had great opportu- premiere force it is. disciplinary nature. It is
  • 2. Your Rights Under The Puerto Rico Veterans Bill of Rights Puerto Rico offers special 2009-2013 for his or her primary square meters in the urban zone, benefits for its military service residence. If the building has more or one cuerda in the rural zone, members and veterans including than one dwelling, the appraised shall be exempted from property income tax advantages, property taxable value, for the purposes of taxes, provide that the same is tax exemptions, education and the exemption, shall be the propor- the dwelling of the injured vet- tuition assistance, as well as in- tional part which corresponds to eran or his immediate family [act jury and death benefits. Eligibility the dwelling occupied by a vet- of congress 06-89, effective for some benefits may depend on eran, of the total value of the January 1, 1968.] residency, military component building and the lot, as determined Eligibility: The tax exemption is and veteran disability status. by the Secretary of the Treasury. granted to an injured veteran and shall cease when the property is no longer used as his or her dwelling or that of his or her im- mediate family. Property Exemption Applicable to Disabled Veterans: Any veteran who receives disability compen- sation of fifty percent (50%) or more shall be entitled to a prop- erty tax exemption on the five hundred thousand ($500,000) dollars of the appraised value of the property for taxable pur- poses. Eligibility: Veterans with service- connected disability rating of 50% or more and appropriate documentation from the Vet- eran's Administration. House or lot may not exceed five hundred (500) square meters in the urban zone, or one cuerda in the rural zone, provided that the dwelling has been the residence of the veteran or immediate family on January 1 of the year immedi- ately preceding the taxable year for which exemption is. Veteran applying for property exemption must provide following materials: (1) The original or a photocopy of discharge certificate from the branch of the Armed Forces of the United States where veteran served. The veteran shall not have to present the original or photocopy of his or her discharge The Office of the Puer- Benefit Highlights Eligibility: Veterans who apply certificate each year, provided he torrican Veterans Om- and Eligibility must have their application for or she leaves a photocopy of budsman’s mission is to Territory Taxes exemption granted by the office of these papers in the archives of protect and guarantee the Secretary of the Treasury. the collector. the rights of Puertorri- Income Tax Advantage: Veterans can veterans and their are entitled to a $1,500.00 tax (2) Written certificate from an Property Exemption Applicable to official of the Veterans' Admini- dependants through deduction for life. (Income Tax Injured Veterans: Every house assistance, guidance Act, Act No. 91 of June 29, 1954) stration attesting to the veteran's built, acquired or remodeled or to degree of disability as of the 1st and advice for the bene- Eligibility: All veterans. fit of their economic and be constructed, acquired or re- of January immediately proceed- social welfare. Property Tax Exemption Applica- modeled in the future by a dis- ing the taxable year for which he ble to All Veterans: Veteran is abled veteran, and the lot where or she is requesting exemption. exempt from up to fifty thousand the same is located, which does >>> ($50,000) dollars for tax years not exceed five hundred (500)
  • 3. (3) Sworn statement attesting to a maximum of $1,000.00 an- The veterans who are that the property in question was nually for two years. university students in being used as the residence of Eligibility: To participate in the recognized universi- the veteran or his immediate fam- State Tuition Assistance program, ties outside of the ily on the 1st of January immedi- citizen-soldiers must be on active territory of the United ately preceding the taxable year drill status or AGR, pay $5.00 States and Puerto for which he is requesting exemp- monthly, and have no spouse or Rico enjoy the same tion. dependent using it at the moment benefits as if they they request the assistance. The were studying in any Automobile Tax Exemption university in Puerto State Tuition Assistance provides The automobiles furnished to the spouse for Graduate Degree Rico. injured veterans by, or with the up to 18 credits, a maximum of Eligibility: Veterans of help of the Veterans' Administra- $75.00, and a maximum of the U.S. Armed tion, are hereby exempted from $1,350.00 per semester. The Forces and Air Na- the tax on vehicles. [Excise Tax State Tuition Assistance provides tional Guard mem- Act of Puerto Rico, sections 4001 funding for the spouses and/or bers on State Active et seq. of Title 13.] The replace- dependents for Undergraduate or Duty. ments of Vocational courses up to a maxi- Education Admission Preference: The Puerto Rico Depart- mum of 18 credits, a maximum of ment of Education’s Vet- the automobile thus acquired Merchant Marine School is estab- erans Assistance Pro- $50.00 per credit, and a maxi- lished in the Commonwealth of shall also be entitled to this ex- gram is a service that mum of $900.00 per semester, or Puerto Rico, the veterans who offers educational oppor- emption, provided that the auto- the cost per credit. meet the admission requirements tunities, tailored to the mobile to be replaced has been in shall be given preference for ad- academic needs of Puer- the possession of the veteran for Educational Leave without Pay: torrican veterans who his personal use for a period of Veterans can continue their stud- mission. have exhausted their not less than four (4) years. How- ies in or outside of Puerto Rico, Employment Benefits benefits under Federal ever, in those cases in which the and shall be entitled to request legislation, without hav- automobile to be replaced has leave without pay, for the reason- Employment Preference: The gov- ing achieved their educa- ernment of the Commonwealth of tional goals, already initi- become unusable for fortuitous able period of time required for ated under the Federal causes not attributable to its the studies and while they are Puerto Rico, its agencies and in- Chapter for studies. owner's negligence, the replace- taking courses. Veterans will be strumentalities, public or quasi- ment shall be entitled to the ex- reinstated in the position or office public corporations, municipali- emption even though the 4 years they held at the time they left in ties, and all private, natural have not expired. order to study, or in another posi- or juridical persons who op- Eligibility: Veterans must have tion or office of the same cate- erate businesses in Puerto certification that automobile was gory, salary and rank. Rico, shall be under the obli- furnished with the assistance of Eligibility: Any veteran who is an gation to: Veteran's Administration. official or employee of the Com- (a) Give preference to a vet- monwealth of Puerto Rico, its eran, under equal academic War Surplus agencies and instrumentalities, and technical conditions or The war surplus property acquired public or quasi-public corpora- experience, when filling any by a veteran is hereby exempted tions, and of the municipal govern- position, employment or from all types of taxes or duties, ments. employment opportunity. provided that the same is for per- Tuition Assistance: Any veteran (b) Reinstate a veteran in the sonal use and it does not have a university student who has ex- same position or work he total value of more than five thou- hausted or will soon exhaust his was performing at the time sand (5,000) dollars. right to study under the legislation he was called into the Armed Eligibility: All veterans approved by the Congress of the Forces, if the veteran for- Education Benefits United States of America, without mally requests it within six having completed his bachelor's (6) months following his dis- The Puerto Rico National Guard degree or other post-graduate Tuition Assistance Fund (FIGNA): charge, and the same posi- studies s/he has already initiated, tion or office he held still exists, or Provides funding for Graduate for which s/he may qualify and Check out the com- Degree up to 18 credits, per aca- in another of the same category. plete text of the Puerto wish to pursue, because those demic year; maximum of $75.00 studies extend for a longer period (c) Add five (5) points or five (5) Rico Veterans Bill of per credit, and a maximum of Rights of the 21st Cen- of time than authorized by federal percent whichever is greater, to $1,350.00 per year, undergradu- tury, by following the legislation, is entitled to free tui- the grade obtained by a veteran in link above to Law No. ate or vocational courses, up to tion in the University of Puerto any exam or test required to qual- 18 credits, maximum of $50.00; 203 of 14 December Rico and its Regional Colleges, ify for a job or a promotion. The 2007, as amended. or the cost per credit according to and preference, in equal condi- veterans who have a service con- the educational institution, which- tions, as to assistance, grants and nected disability shall be given an ever is less; and a maximum of other benefits granted to univer- additional five (5) points or five (5) $900.00 per year and for M.D. up sity students. percent whichever is greater. >>>
  • 4. The Department of Veter- ans Affairs (VA) offers a wide variety of programs and services for the na- tion’s 23 million veterans. Of those, more than 116,000 are Puertorrican veterans. The VA has spent approximately $1.1 billion, towards providing for Puertorrican veterans. Among the many services included there are com- pensation and pensions, readjustment benefits, medical and construction programs, insurance and (d) Offer competitive tests to any Injured Veterans License Fees: The with prepaid medical insurance indemnities. veteran who, due to being in the automobiles furnished to injured including TRICARE will be exempt active service, has not been able to veterans by, or with the help of the from the corresponding payment of take the competitive tests, and who Veteran's Administration, shall be the deductible. requests them within ninety (90) exempted from the license fees. Eligibility: Veterans, spouses, and days after his honorable discharge; [Sections 301 seq of Title 9.] The children up to eighteen (18) years and if he passes said tests, the Department of Transportation and of age, and whore university stu- veteran's name is to be included in Public Works shall provide every dents with valid student identifica- the corresponding list or register. injured Veteran with a license plate tion. Physically or mentally disabled with a symbol which identifies the children of veterans shall receive (e) Any veteran who enters or re- veteran's automobile as that of an the benefits without any age limit. enters the service of the Common- injured veteran. If the owner of an The medical rights will be extended wealth, and becomes a participant automobile that has been ex- to children of veterans who died on of any of the government systems empted from license fees pursuant the field of battle, up to the age of or retirement funds, is entitled to to this provision, sells, transfers or eighteen (18) years, university stu- The My Army Benefits be credited all the time in active website is the official US in any way alienates it, the acquirer dents up to the age of twenty-five service in the Armed Forces to- Army site, which explains shall be obligated to pay the corre- (25) years, and to physically or wards retirement. in detail many of the bene- sponding fees, counting from the mentally disabled children without fits and protections af- Eligibility: Veteran of the Armed fiscal year in which the exemption any age limit. forded to service members. Forces with honorable discharge. to said automobile was granted. It provides information Certificates Issued by Government from all 50 States and Employment Assistance: Common- Eligibility: Veteran must have dis- Dependencies: Veteran will receive Territories of the United wealth employees receive 30 days ability certification from Veteran's free certificates from the officers or States. Click on the link paid military leave per year. An an- Administration. above to learn more. dependencies of the Government of nuity is provided to any Guard Rights Related to the Acquisition of Puerto Rico and of the Municipal member from 55-60 (if retired). Properties: Preference shall be Governments, such as courts, regis- Eligibility: National Guard member, given to Veterans in any distribu- tries, bureaus and others of the or retired Guard member from 55- tion, sale, cession, donation or same or similar nature, when cer- 60. lease of property of the Common- tificates are needed by the veteran, Health and wealth of Puerto Rico, its agencies veteran's widow or dependents for Insurance Benefits or instrumentalities and municipali- official uses and to claim any right. Injury/Death Benefits: The Institu- ties, including the housing projects Eligibility: The Puerto Rico Veterans' tional Trust of the PRNG provides under the Department of housing. Affairs Bureau shall regulate the free funeral; $3,000 for individual Eligibility: Honorably discharged manner in which the exemption Guard members or retired up to age veterans. shall be claimed. 60. Rights Related to Medical-Hospital Eligibility: National Guard members ________________________ Services: It shall be the obligation or retired up to age 60 Puerto Rico Veterans’ Affairs Bureau of the municipalities and of the Group Insurance: The Institutional Commonwealth government to fur- (Oficina del Procurador The US Department of Trust of the PRNG provides free life nish, without any cost whatsoever, del Veterano Puertorriqueño) Veterans Affairs provides through all of their health facilities, insurance; $5,000 for individual. Mailing Address: many other benefits and Eligibility: National Guard members the medical attention, treatment, protections which cover PO Box 11737, San Juan, PR 00910-1737 the thousands of Puertorri- or retired up to 60 years old hospitalization and necessary medi- cations, with prior medical prescrip- Physical Address: can veterans. Click on the Department Logo to check Workers Compensation: State Ac- tion and an evaluation of their fi- Ave. Ponce de León, Mercantil Plaza, 4th Floor out all the Fact Sheets tive Duty National Guard members nancial situation based on the crite- Suite 401, Hato Rey, PR 00918 available explaining them receive workers’ compensation. ria of the Federal Medical Assis- Telephone: in detail. Eligibility: National Guard member. tance Program Title 19 of the Fed- (787) 758-5760 Miscellaneous Benefits eral Social Security Act to veterans Fax: and their dependents. Veterans (787) 758-5788
  • 5. On 11 November 1918, at 1100 hours, the “Great War,” later known as World War I did not officially end. That did not occur until June 28, 1919 and the signing of the Treaty of Versailles. However, 11 November 1918 is the date of the cessation of hostilities. At the time, this had been the most deadly war the world had witnessed. In acknowledgment of the sacrifices of the American Soldiers who served in this war, Congress mandated in 1938 that 11 November would be “Armistice Day.” This would be a legal holiday, honoring these veterans. In 1954, the holiday was re- named, “Veterans Day,” to honor all veterans. "As we express our gratitude, we must never forget that the highest appreciation is not to utter words, but to live by them." - John F. Kennedy President Obama calls on Americans to honor the ser- vice and sacrifice of the na- tion’s troops. Check out his video announcement on Vet- eran’s Day and his plan for a Returning Heroes and Wounded Warriors tax credit for businesses that hire re- turning veterans.
  • 6. The holidays are upon us vided to personal friends); and who are not Federal employees, including contractor personnel and we all know that it is a time d. Items in connection with the who may be working in the in which friends and loved ones receipt of personal hospitality same office. customarily exchange gifts. (of a type and value given on Many offices even conduct gift such occasions). PRACTICE TIP: The so-called exchanges at their all too com- “Perry exception” should no 2. A subordinate may give a gift mon office parties. Therefore, longer be invoked as an excep- appropriate to the occasion or we are including the current tion to the $300 limit. See DOD donate toward a gift to an offi- guidance concerning gifts be- SOCO Advisory 09-03 (March cial superior, and an official tween employees in the federal 23, 2009). superior may accept a gift on workplace so your festivities are special infrequent occasions 4. Solicitations for gifts to an merry. such as: official superior may not exceed GIFTS BETWEEN EMPLOYEES $10 (although employees are a. In recognition of an infre- free to give more than $10) and A. General Punitive Rules (5 quent event of personal signifi- must be completely voluntary C.F.R. § 2635.302(a)). cance such as marriage, illness, (given freely, without pressure or birth of a child (would not An employee shall not, di- or coercion). JER 2-203b include a promotion); or rectly or indirectly: THE STANDARDS OF CONDUCT b. Upon an occasion that termi- 1. Give a gift or make a dona- OFFICE, DoD nates the official superior – sub- tion toward a gift for an official ordinate relationship such as The President of the United DoDD 5500.7, Stan- superior or solicit a contribution dards of Conduct, pro- transfer, resignation, or retire- States affirmed his strong sup- from another employee for a gift ment. port for ethical conduct by Gov- vides guidance to military to either his own official supe- ernment officers and employees personnel on standards of 3. Group gifts on special infre- rior or that of another; or in Executive Order 12674, April conduct and ethics. Viola- quent occasions are limited to tions of the punitive provi- 2. Accept a gift from a lower- 12, 1989. $300 in value per donating sions by military personnel paid employee, unless the do- can result in prosecution group (JER 2-203(a)). He charged the head of each nor and recipient are personal agency to "ensure that the rank, under the Uniform Code of friends who are not in an official a. A donating group is com- Military Justice (UCMJ). responsibilities, authority, staff- superior-subordinate relation- prised of all contributors to that ing, and resources of the Violations of the puni- ship. Designated Agency Ethics tive provisions by civilian Official (DAEO) are suffi- personnel may result in 3. “Official superior” means any other em- cient to ensure the effec- disciplinary action without ployee, including but not tiveness of the agency regard to the issue of criminal liability. Military limited to an immediate ethics program" (Sec. 301 members and civilian em- supervisor, whose official (e)). ployees, who violate these responsibilities include The DAEO of the Office standards, even if such directing or evaluating the of the Secretary of De- violations do not consti- performance of the em- fense is the General tute criminal misconduct, ployee or any official supe- Counsel. He uses his are subject to administra- rior of the employee, i.e., Standards of Conduct tive actions, such as repri- anyone in the employee’s Office (SOCO) to adminis- mands. chain of command. 5 ter his responsibilities. Ethics are standards by C.F.R. § 2635.303(d). SOCO is an element of the which one should act B. Exceptions (5 C.F.R. § group gift. Defense Legal Services Agency based on values. Values under the Deputy General Coun- 2635.304). b. If one employee contributes are core beliefs such as sel for Personnel and Health duty, honor, and integrity 1. Unsolicited gifts may be given to two or more donating groups, Policy (DGC/P&HP). that motivate attitudes on an occasional basis (not then the value of the gifts from and actions. Not all values routine), including traditional groups with a common contribu- SOCO prepares policy guid- are ethical values. gift-giving occasions, such as tor are aggregated for the pur- ance for Department-wide appli- Ethical values relate to birthdays and holidays. This poses of the $300 limit (JER 2- cation through the "Standards what is right and wrong includes: 203(a)(2)). of Conduct" Directive (DoDD and thus take precedence 5500.7), the "Joint Ethics Regu- a. Items (no cash) with an ag- PRACTICE TIP: Although not spe- over non-ethical values lation (JER)" (DoD 5500.7-R), gregate value of $10 or less per cifically mentioned in JER 2- when making ethical deci- and written opinions. It supports occasion; 203, the $300 limit in JER 2- sions. DoD employees the Ethics Oversight Committee, 203(a) is also subject to the no should carefully consider b. Items such as food and re- which is composed of senior ethical values when mak- “buy-down” provisions. freshments that will be con- ethics officials from the major ing decisions as part of sumed at the office; PRACTICE TIP: These gift rules DoD components and is chaired official duties. apply only to Federal employees. by the Director of SOCO. The c. Personal hospitality (e.g., Such group gifts may not in- members coordinate policy, meals) at someone's home (of a clude contributions from parties training programs, and imple- type and value customarily pro- menting regulations.
  • 7. WHAT IS SOCIAL MEDIA? - From the US Army Social Media Handbook (August 2011) The Army recognizes that so- every Soldier to be a part of the Social media represents a cial media has the ability to com- Army story. By starting a discus- shift in the way we as a culture municate with larger audiences sion on Facebook, or comment- communicate. By using Internet- faster and in new ways. It has ing on a Soldier’s story on a based platforms like Facebook, become an important tool for blog, all Soldiers can contribute Twitter, Flickr and YouTube, so- Army messaging and outreach. to the Army story. Social media cial media provides new ways to The Army uses a variety of social is a cheap, effective and meas- connect, interact and learn. Peo- media platforms designed to ureable form of communication. ple no longer look for the news, support a range of media from The Army uses social the news find them. And in the text, audio, pictures and videos; media to tell the Army’s world of social media, the percep- all of which is generated and story, but it also uses tion of truth can be just as power- maintained by organizations and social media to listen. ful as the truth itself. The Internet individuals within the Army Fam- moves information quickly, ily. The Army understands the WHAT DOES THE DoD whether for good or bad. Social risks associated social media SAY ABOUT SOCIAL media, with a variety of available MEDIA? and has worked hard to develop platforms, can instantaneously On February 25, training to help Soldiers and connect users within a global family members use social me- 2010, the DoD issued a network, making the transfer of dia responsibly. Directive-Type Memo- information even more pervasive. randum (DTM) provid- Today, social media is so wide- WHY USE SOCIAL MEDIA? ing guidelines for mili- spread and transparent that you Soldiers have always been the tary use of social media may already be involved even if Army’s best and most effective and acknowledged you are not actively participating. messengers. Today, Army social “that Internet-based Social media is highly effective media enables the capabilities are integral tool to use when reaching out to Army Family around town, to operations across large communities and audi- around the country and around the Department of Defense.” ences. But with this substantial the world to stay connected and DTM 09-026 Responsible and ability to connect with the spread the Army’s key themes Effective Use of Internet-based masses, comes risks. Using social and messages. Every time a Capabilities outlined how the media to spread information is member of the Army Family joins NIPRNET should be configured becoming the standard. More Army social media, it increases to allow access to Internet- and more units are using social the timely and transparent dis- based capabilities across all media to communicate, so it’s semination of information. It DoD components. All service more important than ever to un- ensures that the Army’s story is branches are using social media derstand the risks associated shared honestly and directly to at different levels, but this DTM with using the various platforms. Americans where they are and clearly indicates that use of so- whenever they want to see, read cial media in the DoD is author- ARMY SOCIAL MEDIA or hear it. Social media allows ized.
  • 8. PUERTO RICO NATIONAL GUARD ful gun manufacturing corpo- work on the surveillance OFFICE OF THE STAFF JUDGE ADVOCATE rate consortium she holds and assessment of poten- 100 General Esteves Street responsible for her hus- tial jurors. He will know eve- San Juan, Puerto Rico 00901-1401 band’s murder, she sets in rything about their lives, Phone: 289-1400 Ext. 1030 motion a multi-million dollar and strategically manipu- Fax: 787-289-1431 case. But it’s a suit that may late the jury selection proc- E-Mail: theadvocate.prng@gmail.com be won even before it begins ess. The only acceptable --based solely on the selec- result is the perfect jury to tion, manipulation and, ulti- vote in favor of his client. http:// mately, the “theft” of the Fitch and Rohr soon realize jury. Representing the widow they’re not the only ones www.facebook.com is Wendall Rohr (Hoffman), a out to win the jury. One of /PRNG.OSJA courtly Southern lawyer with the jurors, Nick Easter a moral center and a heart- (Cusack), seems to have his felt passion for the case he’s own plan for swaying the presenting. His opponent is panel. And a mysterious ostensibly the attorney rep- woman known only as Mar- resenting the corporation. lee (Weisz) contacts both But in reality, defense coun- Rohr and Fitch telling them sel is only the front man for the jury’s for sale to either  US Supreme Court to Rankin Fitch (Hackman), a of them--and that the ver- brilliant and ruthless jury dict won’t come cheap. rule on Stolen Valor Based on the novel by consultant. At a high tech While the case is argued in Act John Grisham; when a young command center set up in court, a dangerous cat and  Puerto Rico Veterans’ widow in New Orleans brings an old French Quarter ware- mouse game begins to play Affairs Bureau a civil suit against the power- house, Fitch and his team out.  Your Benefits in tional soldiers; a new gen- operations and scholars. Puerto Rico from the eration asked to save an The amazing careers of Official US Army Site army that has been hol- these officers tell the story lowed out after Vietnam. of an Army coming out of  Access all issues of They survived the military’s the Vietnam war and the The Advocate, and brutal winnowing to reach its top echelon. They be- various conflicts in which give us your feedback, came the Army’s most influ- the US was involved prior to on how to make it a ential generals in the cruci- the events leading up to better newsletter for ble of Iraq”. Operation Iraqi Freedom You (now Operation New Dawn) This book tells the story of and Operation Enduring  How to negotiate a four generals, David Pet- Freedom. This book pro- payment plan or set- raeus, John Abizaid, George Casey, Jr. and Peter vides a unique insight, both tlement with creditors Chiarelli. In the aftermath of to the recent history of the the Vietnam conflict, the Army and that of an offi-  Request a free copy of Army found itself adrift. It cer’s career progression your Credit Report was a tumultuous time in leading to the higher eche- from the three major our Army’s history. These lons of command. credit bureaus four officers, experienced firsthand, this troubled time The Fourth Star, appeals  Help prevent Domestic in our institution and were The Fourth Star, Four Gener- determined to ensure the to those students of military Violence als and their epic struggle future of the Army. These history. It is an analysis of  Ten safe social net- for the future of the United highly intelligent and moti- current affairs and a leader- States Army By David Cloud vated officers distinguished ship book all in one. It is a working sites for kids and Greg Jaffe. themselves for being “out-of book that everyone, military -the-box” thinkers, experi-  Social networking “They were four excep- enced in a wide spectrum of or civilian, should read. sites: Safety tips for teens and “tweens” ***The materials and information on this newsletter are made available by the PRNG OSJA for informational and entertainment purposes only. It does not constitute legal advice. This newsletter is not intended as adver- tising and it does not create an attorney-client relationship. Persons reading the information on this newsletter should not act upon the information provided without seeking professional legal counsel.***