the advocate issue 3 vol 1

8
FROM THE FULLTIME JAG’S DESK - MAJ William E. O’Connor For some time now, I’ve had this nagging thought in my mind which I use as an excuse to write the following words. As ser- vice members, what have we actually learned during these past ten years of constant mobilizations and deployments? The Puerto Rico Na- tional Guard has taken part in almost every imag- inable type of activation. We still do. From combat support to humanitarian assistance and everything in between, we’ve done it all, and we’ve done it well, but I believe we can still do more. During our SRPs I like to emphasize on many things when briefing and assisting our soldiers. There are of course the usual topics of discussion that we see on a daily basis in the OSJA such as powers of attorney and family care plans; and then there are the situations which pop up every once in a while having to do with legal problems of a more disciplinary nature. It is then that we discuss with soldiers the changes that occur when changing from Title 32 to Title 10 USC and the inevitable conse- quences of actions under the notorious UCMJ. Many of us have been deployed under Federal service on more than one occasion and it stands to reason that we as a whole should be more familiar- ized with the way things work when deployed. Technically the rules change, but it shouldn’t be perceived that way. The standard has always been the same, regardless of where you are and who you are doing it for. Our Officers and NCOs have had great opportu- nity to develop effective leadership skills in sync with current training re- quirements and specifi- cally by the experiences acquired in the field. We have no excuse. Every one of us must have the moral center to follow those Values which have been instilled in us since our first day of training; Loyalty, Duty, Respect, Selfless Service, Honor, Integrity and Personal Courage. We are not naïve enough to think we will not continue to see disci- plinary situations among our soldiers, but we must strive to do better, by lead- ing from the front and by example. As legal profes- sionals we in the OSJA will persevere in promoting the faithful compliance of our rules and regulations in an effort to maintain the highest standards that distinguish the PRNG and continue to make it the premiere force it is. Volume I, Issue 3 Inside this issue: Legal Resources, Know Your Rights: The Puertorrican Veterans Bill of Rights of the 21st Century 2 Ethics Matters: Gifts between Employees 6 Link it Up! 7 What is Social Media? 7 At the Movies: Runaway Jury 8 From the JAG Bookshelf: The Fourth Star 8 What’s New on Our Facebook Page. 8 “Every one of us must have the moral center to follow those Values which have been instilled in us since our first day of training; Loyalty, Duty, Respect, Selfless Service, Honor, Integrity and Personal Courage.” employees. The holiday season is upon us and along with it the custom- ary gift exchange. This guidance will explain what is the DoD current policy concerning this type of activity in the federal workplace. We also continue with our series concerning social media in the Army and our now highly antici- pated movie and book reviews and a few other surprises. Enjoy. received during the year. It is also time for the official start of the holiday sea- son. With this in mind we have prepared a very special issue for you. We will dis- cuss the Puerto Rico Vet- eran’s Bill of Rights. This legislation provides a se- ries of great protections and benefits to our veter- ans. We will also provide guid- ance regarding the ex- changing of gifts between Welcome to another issue of The Advocate. It is November, a month of great significance for us service members. It is a time of giving our most heartfelt thanks for the service provided to our Nation. The sacrifices made by you guarantee and protect our way of life as American citizens. It is also an oppor- tunity to reunite with our loved ones and be thankful for everything that we have FROM THE CHIEF LEGAL NCO’S DESK - SFC Frank Chiroque “It is a time of giving our most heartfelt thanks for the service provided to our Nation. The sacrifices made by you guarantee and protect our way of life as American citizens.” November 2011

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Page 1: The Advocate Issue 3 Vol 1

FROM THE FULLTIME JAG’S DESK - MAJ William E. O’Connor

For some time now,

I’ve had this nagging

thought in my mind which I

use as an excuse to write

the following words. As ser-

vice members, what have

we actually learned during

these past ten years of

constant mobilizations

and deployments?

The Puerto Rico Na-

tional Guard has taken

part in almost every imag-

inable type of activation.

We still do. From combat

support to humanitarian

assistance and everything

in between, we’ve done it

all, and we’ve done it well,

but I believe we can still do

more.

During our SRPs I like to

emphasize on many things

when briefing and assisting

our soldiers. There are of

course the usual topics of

discussion that we see on a

daily basis in the OSJA such

as powers of attorney and

family care plans; and then

there are the situations

which pop up every once in

a while having to do with

legal problems of a more

disciplinary nature. It is

then that we discuss with

soldiers the changes that

occur when changing from

Title 32 to Title 10 USC

and the inevitable conse-

quences of actions under

the notorious UCMJ.

Many of us have been

deployed under Federal

service on more than one

occasion and it stands to

reason that we as a whole

should be more familiar-

ized with the way things

work when deployed.

Technically the rules

change, but it shouldn’t be

perceived that way. The

standard has always been

the same, regardless of

where you are and who

you are doing it for.

Our Officers and NCOs

have had great opportu-

nity to develop effective

leadership skills in sync

with current training re-

quirements and specifi-

cally by the experiences

acquired in the field. We

have no excuse. Every

one of us must have the

moral center to follow

those Values which have

been instilled in us since

our first day of training;

Loyalty, Duty, Respect,

Selfless Service, Honor,

Integrity and Personal

Courage.

We are not naïve

enough to think we will

not continue to see disci-

plinary situations among

our soldiers, but we must

strive to do better, by lead-

ing from the front and by

example. As legal profes-

sionals we in the OSJA will

persevere in promoting

the faithful compliance of

our rules and regulations

in an effort to maintain the

highest standards that

distinguish the PRNG and

continue to make it the

premiere force it is.

Volume I, Issue 3

Inside this issue:

Legal Resources, Know

Your Rights:

The Puertorrican

Veterans Bill of Rights of

the 21st Century

2

Ethics Matters:

Gifts between

Employees

6

Link it Up! 7

What is Social Media? 7

At the Movies:

Runaway Jury

8

From the JAG Bookshelf:

The Fourth Star

8

What’s New on Our

Facebook Page.

8

“Every one of us

must have the

moral center to

follow those

Values which

have been instilled

in us since our

first day of

training; Loyalty,

Duty, Respect,

Selfless Service,

Honor, Integrity

and Personal

Courage.”

employees. The holiday

season is upon us and

along with it the custom-

ary gift exchange. This

guidance will explain what

is the DoD current policy

concerning this type of

activity in the federal

workplace.

We also continue with our

series concerning social

media in the Army and

our now highly antici-

pated movie and book

reviews and a few other

surprises. Enjoy.

received during the year. It

is also time for the official

start of the holiday sea-

son.

With this in mind we have

prepared a very special

issue for you. We will dis-

cuss the Puerto Rico Vet-

eran’s Bill of Rights. This

legislation provides a se-

ries of great protections

and benefits to our veter-

ans.

We will also provide guid-

ance regarding the ex-

changing of gifts between

Welcome to another

issue of The Advocate.

It is November, a month of

great significance for us

service members. It is a

time of giving our most

heartfelt thanks for the

service provided to our

Nation.

The sacrifices made by you

guarantee and protect our

way of life as American

citizens. It is also an oppor-

tunity to reunite with our

loved ones and be thankful

for everything that we have

FROM THE CHIEF LEGAL NCO’S DESK - SFC Frank Chiroque

“It is a time of

giving our most

heartfelt thanks

for the service

provided to our

Nation. The

sacrifices made by

you guarantee and

protect our way of

life as American

citizens.”

November 2011

Page 2: The Advocate Issue 3 Vol 1

Puerto Rico offers special

benefits for its military service

members and veterans including

income tax advantages, property

tax exemptions, education and

tuition assistance, as well as in-

jury and death benefits. Eligibility

for some benefits may depend on

residency, military component

and veteran disability status.

Benefit Highlights

and Eligibility

Territory Taxes

Income Tax Advantage: Veterans

are entitled to a $1,500.00 tax

deduction for life. (Income Tax

Act, Act No. 91 of June 29, 1954)

Eligibility: All veterans.

Property Tax Exemption Applica-

ble to All Veterans: Veteran is

exempt from up to fifty thousand

($50,000) dollars for tax years

The Office of the Puer-

torrican Veterans Om-

budsman’s mission is to

protect and guarantee

the rights of Puertorri-

can veterans and their

dependants through

assistance, guidance

and advice for the bene-

fit of their economic and

social welfare.

2009-2013 for his or her primary

residence. If the building has more

than one dwelling, the appraised

taxable value, for the purposes of

the exemption, shall be the propor-

tional part which corresponds to

the dwelling occupied by a vet-

eran, of the total value of the

building and the lot, as determined

by the Secretary of the Treasury.

Eligibility: Veterans who apply

must have their application for

exemption granted by the office of

the Secretary of the Treasury.

Property Exemption Applicable to

Injured Veterans: Every house

built, acquired or remodeled or to

be constructed, acquired or re-

modeled in the future by a dis-

abled veteran, and the lot where

the same is located, which does

not exceed five hundred (500)

square meters in the urban zone,

or one cuerda in the rural zone,

shall be exempted from property

taxes, provide that the same is

the dwelling of the injured vet-

eran or his immediate family [act

of congress 06-89, effective

January 1, 1968.]

Eligibility: The tax exemption is

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

certificate each year, provided he

or she leaves a photocopy of

these papers in the archives of

the collector.

(2) Written certificate from an

official of the Veterans' Admini-

stration attesting to the veteran's

degree of disability as of the 1st

of January immediately proceed-

ing the taxable year for which he

or she is requesting exemption.

>>>

Your Rights Under The Puerto Rico Veterans Bill of Rights

Page 3: The Advocate Issue 3 Vol 1

(3) Sworn statement attesting

that the property in question was

being used as the residence of

the veteran or his immediate fam-

ily on the 1st of January immedi-

ately preceding the taxable year

for which he is requesting exemp-

tion.

Automobile Tax Exemption

The automobiles furnished to

injured veterans by, or with the

help of the Veterans' Administra-

tion, are hereby exempted from

the tax on vehicles. [Excise Tax

Act of Puerto Rico, sections 4001

et seq. of Title 13.] The replace-

ments of

the automobile thus acquired

shall also be entitled to this ex-

emption, provided that the auto-

mobile to be replaced has been in

the possession of the veteran for

his personal use for a period of

not less than four (4) years. How-

ever, in those cases in which the

automobile to be replaced has

become unusable for fortuitous

causes not attributable to its

owner's negligence, the replace-

ment shall be entitled to the ex-

emption even though the 4 years

have not expired.

Eligibility: Veterans must have

certification that automobile was

furnished with the assistance of

Veteran's Administration.

War Surplus

The war surplus property acquired

by a veteran is hereby exempted

from all types of taxes or duties,

provided that the same is for per-

sonal use and it does not have a

total value of more than five thou-

sand (5,000) dollars.

Eligibility: All veterans

Education Benefits

The Puerto Rico National Guard

Tuition Assistance Fund (FIGNA):

Provides funding for Graduate

Degree up to 18 credits, per aca-

demic year; maximum of $75.00

per credit, and a maximum of

$1,350.00 per year, undergradu-

ate or vocational courses, up to

18 credits, maximum of $50.00;

or the cost per credit according to

the educational institution, which-

ever is less; and a maximum of

$900.00 per year and for M.D. up

to a maximum of $1,000.00 an-

nually for two years.

Eligibility: To participate in the

State Tuition Assistance program,

citizen-soldiers must be on active

drill status or AGR, pay $5.00

monthly, and have no spouse or

dependent using it at the moment

they request the assistance. The

State Tuition Assistance provides

the spouse for Graduate Degree

up to 18 credits, a maximum of

$75.00, and a maximum of

$1,350.00 per semester. The

State Tuition Assistance provides

funding for the spouses and/or

dependents for Undergraduate or

Vocational courses up to a maxi-

mum of 18 credits, a maximum of

$50.00 per credit, and a maxi-

mum of $900.00 per semester, or

the cost per credit.

Educational Leave without Pay:

Veterans can continue their stud-

ies in or outside of Puerto Rico,

and shall be entitled to request

leave without pay, for the reason-

able period of time required for

the studies and while they are

taking courses. Veterans will be

reinstated in the position or office

they held at the time they left in

order to study, or in another posi-

tion or office of the same cate-

gory, salary and rank.

Eligibility: Any veteran who is an

official or employee of the Com-

monwealth of Puerto Rico, its

agencies and instrumentalities,

public or quasi-public corpora-

tions, and of the municipal govern-

ments.

Tuition Assistance: Any veteran

university student who has ex-

hausted or will soon exhaust his

right to study under the legislation

approved by the Congress of the

United States of America, without

having completed his bachelor's

degree or other post-graduate

studies s/he has already initiated,

for which s/he may qualify and

wish to pursue, because those

studies extend for a longer period

of time than authorized by federal

legislation, is entitled to free tui-

tion in the University of Puerto

Rico and its Regional Colleges,

and preference, in equal condi-

tions, as to assistance, grants and

other benefits granted to univer-

sity students.

The veterans who are

university students in

recognized universi-

ties outside of the

territory of the United

States and Puerto

Rico enjoy the same

benefits as if they

were studying in any

university in Puerto

Rico.

Eligibility: Veterans of

the U.S. Armed

Forces and Air Na-

tional Guard mem-

bers on State Active

Duty.

Education Admission Preference:

Merchant Marine School is estab-

lished in the Commonwealth of

Puerto Rico, the veterans who

meet the admission requirements

shall be given preference for ad-

mission.

Employment Benefits

Employment Preference: The gov-

ernment of the Commonwealth of

Puerto Rico, its agencies and in-

strumentalities, public or quasi-

public corporations, municipali-

ties, and all private, natural

or juridical persons who op-

erate businesses in Puerto

Rico, shall be under the obli-

gation to:

(a) Give preference to a vet-

eran, under equal academic

and technical conditions or

experience, when filling any

position, employment or

employment opportunity.

(b) Reinstate a veteran in the

same position or work he

was performing at the time

he was called into the Armed

Forces, if the veteran for-

mally requests it within six

(6) months following his dis-

charge, and the same posi-

tion or office he held still exists, or

in another of the same category.

(c) Add five (5) points or five (5)

percent whichever is greater, to

the grade obtained by a veteran in

any exam or test required to qual-

ify for a job or a promotion. The

veterans who have a service con-

nected disability shall be given an

additional five (5) points or five (5)

percent whichever is greater. >>>

The Puerto Rico Depart-

ment of Education’s Vet-

erans Assistance Pro-

gram is a service that

offers educational oppor-

tunities, tailored to the

academic needs of Puer-

torrican veterans who

have exhausted their

benefits under Federal

legislation, without hav-

ing achieved their educa-

tional goals, already initi-

ated under the Federal

Chapter for studies.

Check out the com-

plete text of the Puerto

Rico Veterans Bill of

Rights of the 21st Cen-

tury, by following the

link above to Law No.

203 of 14 December

2007, as amended.

Page 4: The Advocate Issue 3 Vol 1

The US Department of

Veterans Affairs provides

many other benefits and

protections which cover

the thousands of Puertorri-

can veterans. Click on the

Department Logo to check

out all the Fact Sheets

available explaining them

in detail.

(d) Offer competitive tests to any

veteran who, due to being in the

active service, has not been able to

take the competitive tests, and who

requests them within ninety (90)

days after his honorable discharge;

and if he passes said tests, the

veteran's name is to be included in

the corresponding list or register.

(e) Any veteran who enters or re-

enters the service of the Common-

wealth, and becomes a participant

of any of the government systems

or retirement funds, is entitled to

be credited all the time in active

service in the Armed Forces to-

wards retirement.

Eligibility: Veteran of the Armed

Forces with honorable discharge.

Employment Assistance: Common-

wealth employees receive 30 days

paid military leave per year. An an-

nuity is provided to any Guard

member from 55-60 (if retired).

Eligibility: National Guard member,

or retired Guard member from 55-

60.

Health and

Insurance Benefits

Injury/Death Benefits: The Institu-

tional Trust of the PRNG provides

free funeral; $3,000 for individual

Guard members or retired up to age

60.

Eligibility: National Guard members

or retired up to age 60

Group Insurance: The Institutional

Trust of the PRNG provides free life

insurance; $5,000 for individual.

Eligibility: National Guard members

or retired up to 60 years old

Workers Compensation: State Ac-

tive Duty National Guard members

receive workers’ compensation.

Eligibility: National Guard member.

Miscellaneous Benefits

Injured Veterans License Fees: The

automobiles furnished to injured

veterans by, or with the help of the

Veteran's Administration, shall be

exempted from the license fees.

[Sections 301 seq of Title 9.] The

Department of Transportation and

Public Works shall provide every

injured Veteran with a license plate

with a symbol which identifies the

veteran's automobile as that of an

injured veteran. If the owner of an

automobile that has been ex-

empted from license fees pursuant

to this provision, sells, transfers or

in any way alienates it, the acquirer

shall be obligated to pay the corre-

sponding fees, counting from the

fiscal year in which the exemption

to said automobile was granted.

Eligibility: Veteran must have dis-

ability certification from Veteran's

Administration.

Rights Related to the Acquisition of

Properties: Preference shall be

given to Veterans in any distribu-

tion, sale, cession, donation or

lease of property of the Common-

wealth of Puerto Rico, its agencies

or instrumentalities and municipali-

ties, including the housing projects

under the Department of housing.

Eligibility: Honorably discharged

veterans.

Rights Related to Medical-Hospital

Services: It shall be the obligation

of the municipalities and of the

Commonwealth government to fur-

nish, without any cost whatsoever,

through all of their health facilities,

the medical attention, treatment,

hospitalization and necessary medi-

cations, with prior medical prescrip-

tion and an evaluation of their fi-

nancial situation based on the crite-

ria of the Federal Medical Assis-

tance Program Title 19 of the Fed-

eral Social Security Act to veterans

and their dependents. Veterans

with prepaid medical insurance

including TRICARE will be exempt

from the corresponding payment of

the deductible.

Eligibility: Veterans, spouses, and

children up to eighteen (18) years

of age, and whore university stu-

dents with valid student identifica-

tion. Physically or mentally disabled

children of veterans shall receive

the benefits without any age limit.

The medical rights will be extended

to children of veterans who died on

the field of battle, up to the age of

eighteen (18) years, university stu-

dents up to the age of twenty-five

(25) years, and to physically or

mentally disabled children without

any age limit.

Certificates Issued by Government

Dependencies: Veteran will receive

free certificates from the officers or

dependencies of the Government of

Puerto Rico and of the Municipal

Governments, such as courts, regis-

tries, bureaus and others of the

same or similar nature, when cer-

tificates are needed by the veteran,

veteran's widow or dependents for

official uses and to claim any right.

Eligibility: The Puerto Rico Veterans'

Affairs Bureau shall regulate the

manner in which the exemption

shall be claimed.

________________________

Puerto Rico Veterans’ Affairs Bureau

(Oficina del Procurador

del Veterano Puertorriqueño)

Mailing Address:

PO Box 11737, San Juan, PR 00910-1737

Physical Address:

Ave. Ponce de León, Mercantil Plaza, 4th Floor

Suite 401, Hato Rey, PR 00918

Telephone:

(787) 758-5760

Fax:

(787) 758-5788

The My Army Benefits

website is the official US

Army site, which explains

in detail many of the bene-

fits and protections af-

forded to service members.

It provides information

from all 50 States and

Territories of the United

States. Click on the link

above to learn more.

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

indemnities.

Page 5: The Advocate Issue 3 Vol 1

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.

Page 6: The Advocate Issue 3 Vol 1

vided to personal friends); and

d. Items in connection with the

receipt of personal hospitality

(of a type and value given on

such occasions).

2. A subordinate may give a gift

appropriate to the occasion or

donate toward a gift to an offi-

cial superior, and an official

superior may accept a gift on

special infrequent occasions

such as:

a. In recognition of an infre-

quent event of personal signifi-

cance such as marriage, illness,

or birth of a child (would not

include a promotion); or

b. Upon an occasion that termi-

nates the official superior – sub-

ordinate relationship such as

transfer, resignation, or retire-

ment.

3. Group gifts on special infre-

quent occasions are limited to

$300 in value per donating

group (JER 2-203(a)).

a. A donating group is com-

prised of all contributors to that

group gift.

b. If one employee contributes

to two or more donating groups,

then the value of the gifts from

groups with a common contribu-

tor are aggregated for the pur-

poses of the $300 limit (JER 2-

203(a)(2)).

PRACTICE TIP: Although not spe-

cifically mentioned in JER 2-

203, the $300 limit in JER 2-

203(a) is also subject to the no

“buy-down” provisions.

PRACTICE TIP: These gift rules

apply only to Federal employees.

Such group gifts may not in-

clude contributions from parties

who are not Federal employees,

including contractor personnel

who may be working in the

same office.

PRACTICE TIP: The so-called

“Perry exception” should no

longer be invoked as an excep-

tion to the $300 limit. See DOD

SOCO Advisory 09-03 (March

23, 2009).

4. Solicitations for gifts to an

official superior may not exceed

$10 (although employees are

free to give more than $10) and

must be completely voluntary

(given freely, without pressure

or coercion). JER 2-203b

THE STANDARDS OF CONDUCT

OFFICE, DoD

The President of the United

States affirmed his strong sup-

port for ethical conduct by Gov-

ernment officers and employees

in Executive Order 12674, April

12, 1989.

He charged the head of each

agency to "ensure that the rank,

responsibilities, authority, staff-

ing, and resources of the

Designated Agency Ethics

Official (DAEO) are suffi-

cient to ensure the effec-

tiveness of the agency

ethics program" (Sec. 301

(e)).

The DAEO of the Office

of the Secretary of De-

fense is the General

Counsel. He uses his

Standards of Conduct

Office (SOCO) to adminis-

ter his responsibilities.

SOCO is an element of the

Defense Legal Services Agency

under the Deputy General Coun-

sel for Personnel and Health

Policy (DGC/P&HP).

SOCO prepares policy guid-

ance for Department-wide appli-

cation through the "Standards

of Conduct" Directive (DoDD

5500.7), the "Joint Ethics Regu-

lation (JER)" (DoD 5500.7-R),

and written opinions. It supports

the Ethics Oversight Committee,

which is composed of senior

ethics officials from the major

DoD components and is chaired

by the Director of SOCO. The

members coordinate policy,

training programs, and imple-

menting regulations.

The holidays are upon us

and we all know that it is a time

in which friends and loved ones

customarily exchange gifts.

Many offices even conduct gift

exchanges at their all too com-

mon office parties. Therefore,

we are including the current

guidance concerning gifts be-

tween employees in the federal

workplace so your festivities are

merry.

GIFTS BETWEEN EMPLOYEES

A. General Punitive Rules (5

C.F.R. § 2635.302(a)).

An employee shall not, di-

rectly or indirectly:

1. Give a gift or make a dona-

tion toward a gift for an official

superior or solicit a contribution

from another employee for a gift

to either his own official supe-

rior or that of another; or

2. Accept a gift from a lower-

paid employee, unless the do-

nor and recipient are personal

friends who are not in an official

superior-subordinate relation-

ship.

3. “Official superior”

means any other em-

ployee, including but not

limited to an immediate

supervisor, whose official

responsibilities include

directing or evaluating the

performance of the em-

ployee or any official supe-

rior of the employee, i.e.,

anyone in the employee’s

chain of command. 5

C.F.R. § 2635.303(d).

B. Exceptions (5 C.F.R. §

2635.304).

1. Unsolicited gifts may be given

on an occasional basis (not

routine), including traditional

gift-giving occasions, such as

birthdays and holidays. This

includes:

a. Items (no cash) with an ag-

gregate value of $10 or less per

occasion;

b. Items such as food and re-

freshments that will be con-

sumed at the office;

c. Personal hospitality (e.g.,

meals) at someone's home (of a

type and value customarily pro-

DoDD 5500.7, Stan-

dards of Conduct, pro-

vides guidance to military

personnel on standards of

conduct and ethics. Viola-

tions of the punitive provi-

sions by military personnel

can result in prosecution

under the Uniform Code of

Military Justice (UCMJ).

Violations of the puni-

tive provisions by civilian

personnel may result in

disciplinary action without

regard to the issue of

criminal liability. Military

members and civilian em-

ployees, who violate these

standards, even if such

violations do not consti-

tute criminal misconduct,

are subject to administra-

tive actions, such as repri-

mands.

Ethics are standards by

which one should act

based on values. Values

are core beliefs such as

duty, honor, and integrity

that motivate attitudes

and actions. Not all values

are ethical values.

Ethical values relate to

what is right and wrong

and thus take precedence

over non-ethical values

when making ethical deci-

sions. DoD employees

should carefully consider

ethical values when mak-

ing decisions as part of

official duties.

Page 7: The Advocate Issue 3 Vol 1

The Army recognizes that so-

cial media has the ability to com-

municate with larger audiences

faster and in new ways. It has

become an important tool for

Army messaging and outreach.

The Army uses a variety of social

media platforms designed to

support a range of media from

text, audio, pictures and videos;

all of which is generated and

maintained by organizations and

individuals within the Army Fam-

ily. The Army understands the

risks associated social media

and has worked hard to develop

training to help Soldiers and

family members use social me-

dia responsibly.

WHY USE SOCIAL MEDIA?

Soldiers have always been the

Army’s best and most effective

messengers. Today, Army social

media enables the

Army Family around town,

around the country and around

the world to stay connected and

spread the Army’s key themes

and messages. Every time a

member of the Army Family joins

Army social media, it increases

the timely and transparent dis-

semination of information. It

ensures that the Army’s story is

shared honestly and directly to

Americans where they are and

whenever they want to see, read

or hear it. Social media allows

WHAT IS SOCIAL MEDIA? - From the US Army Social Media Handbook (August 2011)

every Soldier to be a part of the

Army story. By starting a discus-

sion on Facebook, or comment-

ing on a Soldier’s story on a

blog, all Soldiers can contribute

to the Army story. Social media

is a cheap, effective and meas-

ureable form of communication.

The Army uses social

media to tell the Army’s

story, but it also uses

social media to listen.

WHAT DOES THE DoD

SAY ABOUT SOCIAL

MEDIA?

On February 25,

2010, the DoD issued a

Directive-Type Memo-

randum (DTM) provid-

ing guidelines for mili-

tary use of social media

and acknowledged

“that Internet-based

capabilities are integral

to operations across

the Department of Defense.”

DTM 09-026 Responsible and

Effective Use of Internet-based

Capabilities outlined how the

NIPRNET should be configured

to allow access to Internet-

based capabilities across all

DoD components. All service

branches are using social media

at different levels, but this DTM

clearly indicates that use of so-

cial media in the DoD is author-

ized.

Social media represents a

shift in the way we as a culture

communicate. By using Internet-

based platforms like Facebook,

Twitter, Flickr and YouTube, so-

cial media provides new ways to

connect, interact and learn. Peo-

ple no longer look for the news,

the news find them. And in the

world of social media, the percep-

tion of truth can be just as power-

ful as the truth itself. The Internet

moves information quickly,

whether for good or bad. Social

media, with a variety of available

platforms, can instantaneously

connect users within a global

network, making the transfer of

information even more pervasive.

Today, social media is so wide-

spread and transparent that you

may already be involved even if

you are not actively participating.

Social media is highly effective

tool to use when reaching out to

large communities and audi-

ences. But with this substantial

ability to connect with the

masses, comes risks. Using social

media to spread information is

becoming the standard. More

and more units are using social

media to communicate, so it’s

more important than ever to un-

derstand the risks associated

with using the various platforms.

ARMY SOCIAL MEDIA

Page 8: The Advocate Issue 3 Vol 1

tional soldiers; a new gen-

eration asked to save an

army that has been hol-

lowed out after Vietnam.

They survived the military’s

brutal winnowing to reach

its top echelon. They be-

came the Army’s most influ-

ential generals in the cruci-

ble of Iraq”.

This book tells the story of

four generals, David Pet-

raeus, John Abizaid, George

Casey, Jr. and Peter

Chiarelli. In the aftermath of

the Vietnam conflict, the

Army found itself adrift. It

was a tumultuous time in

our Army’s history. These

four officers, experienced

firsthand, this troubled time

in our institution and were

determined to ensure the

future of the Army. These

highly intelligent and moti-

vated officers distinguished

themselves for being “out-of

-the-box” thinkers, experi-

enced in a wide spectrum of

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San Juan, Puerto Rico 00901-1401

Phone: 289-1400 Ext. 1030

Fax: 787-289-1431

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OFFICE OF THE STAFF JUDGE ADVOCATE

The Fourth Star, Four Gener-

als and their epic struggle

for the future of the United

States Army By David Cloud

and Greg Jaffe.

“They were four excep-

operations and scholars.

The amazing careers of

these officers tell the story

of an Army coming out of

the Vietnam war and the

various conflicts in which

the US was involved prior to

the events leading up to

Operation Iraqi Freedom

(now Operation New Dawn)

and Operation Enduring

Freedom. This book pro-

vides a unique insight, both

to the recent history of the

Army and that of an offi-

cer’s career progression

leading to the higher eche-

lons of command.

The Fourth Star, appeals

to those students of military

history. It is an analysis of

current affairs and a leader-

ship book all in one. It is a

book that everyone, military

or civilian, should read.

***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.***

US Supreme Court to

rule on Stolen Valor

Act

Puerto Rico Veterans’

Affairs Bureau

Your Benefits in

Puerto Rico from the

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Request a free copy of

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Help prevent Domestic

Violence

Ten safe social net-

working sites for kids

Social networking

sites: Safety tips for

teens and “tweens”

work on the surveillance

and assessment of poten-

tial jurors. He will know eve-

rything about their lives,

and strategically manipu-

late the jury selection proc-

ess. The only acceptable

result is the perfect jury to

vote in favor of his client.

Fitch and Rohr soon realize

they’re not the only ones

out to win the jury. One of

the jurors, Nick Easter

(Cusack), seems to have his

own plan for swaying the

panel. And a mysterious

woman known only as Mar-

lee (Weisz) contacts both

Rohr and Fitch telling them

the jury’s for sale to either

of them--and that the ver-

dict won’t come cheap.

While the case is argued in

court, a dangerous cat and

mouse game begins to play

out.

ful gun manufacturing corpo-

rate consortium she holds

responsible for her hus-

band’s murder, she sets in

motion a multi-million dollar

case. But it’s a suit that may

be won even before it begins

--based solely on the selec-

tion, manipulation and, ulti-

mately, the “theft” of the

jury. Representing the widow

is Wendall Rohr (Hoffman), a

courtly Southern lawyer with

a moral center and a heart-

felt passion for the case he’s

presenting. His opponent is

ostensibly the attorney rep-

resenting the corporation.

But in reality, defense coun-

sel is only the front man for

Rankin Fitch (Hackman), a

brilliant and ruthless jury

consultant. At a high tech

command center set up in

an old French Quarter ware-

house, Fitch and his team

Based on the novel by

John Grisham; when a young

widow in New Orleans brings

a civil suit against the power-