31 MAY 1951: The Uniform Code of Military Justice, approved by Congress one year prior, was formally enacted. Drafted to make military justice more closely resemble civilian criminal law, the UCMJ produced substantive changes within the Air Force legal community. For the first time, judge advocates performing trial duty in General Courts-Martial were required to be either graduates of accredited law schools or members of the bar. They also had to be certified as competent by the TJAG. Convening authorities for General Courts-Martial were required to conduct impartial and thorough investigations prior to proceeding with a trial. Additionally, Staff Judge Advocates received increased responsibilities in advising convening authorities as to their duties. The UCMJ also extended new rights to criminal defendants, and significantly changed the appellate process with the establishment of the Court of Military Appeals.
Source: Mr. Wade Scrogham, AF JAG Corps Historian
To read more about the history of the drafting of the UCMJ, check out the Harvard Law School Library Blog.
26 May 1993: Major Robert L. Lowry, a judge advocate assigned to 21st Air Force, confronted an armed intruder who entered the headquarters legal office at McGuire Air Force Base, New Jersey. Major Lowry attempted to calm the deranged individual while staff and clients fled to safety. The son of retired judge advocate Brigadier General Joseph R. Lowry, Major Lowry was murdered by the gunman moments before Security Police arrived and used deadly force to end the standoff. Upon the recommendation of the Air Force Chief of Staff, Major Lowry was awarded the Airman’s Medal for his acts of bravery during the incident. In continuing recognition of his sacrifice, the JAG School presents the Robert L. Lowry Award to a graduate of each JASOC class who best exhibits the highest standards of academic excellence, officership, and esprit de corps during the entire course.
Source: Mr. Wade Scrogham, AF JAG Corps Historian
21 MAY 1993: Major General David C. Morehouse, Air Force TJAG, presided over the dedication of the William L. Dickinson Law Center at Maxwell Air Force Base, Alabama. Named in honor of Alabama Congressman William Dickinson, a retired JAG Reservist who championed the project on Capitol Hill, the facility became the new home of the JAG School.
22 May 1906: The United States Patent Office issued Orville and Wilbur Wright a patent for their “flying machine.” Following the rejection of a previous self-filed application, the brothers retained the services of Ohio Patent attorney Henry Toulmin, who recommended they seek a patent on the flight control systems rather than the aircraft itself. As a result of that strategy, it was illegal in the early 20th century to construct or control an airplane without a license to the Wright brothers’ patent. Thirteen years of fierce legal battles over intellectual property followed before the Aircraft Manufacturers Association established a patent pool with the approval of the U.S. Government in the early days of World War I.
Source: Mr. Wade Scrogham, AF JAG Corps Historian
11 MAY 1997: An interview with Air Force Lieutenant Kelly Flinn aired on the CBS news program 60 Minutes, generating unprecedented media coverage of a seemingly routine court-martial scheduled for 20 May 1997. A graduate of the Air Force Academy, and the first woman ever selected by the Air Force for B-52 combat crew training, Lieutenant Flinn came under the scrutiny of the military justice system when a commander initiated charges against her for failing to obey a lawful regulation, failing to obey a direct written order, fraternization, adultery, and making a false official statement. Lieutenant Flinn subsequently took her story to the media. With the aid of a public relations firm, she and her defense team argued that adultery was a private matter in which the Air Force had no business. Amidst intense media coverage and political pressure, Secretary of the Air Force Sheila Widnall approved Lieutenant Flinn’s request for a discharge in lieu of court-martial, granting her a general discharge, rather than one under other-than-honorable conditions. An expanded discussion of this case will appear in an upcoming edition of The Reporter.
Source: Mr. Wade Scrogham, AF JAG Corps Historian
5 MAY 1950: President Harry Truman signed the Military Justice Act of 1950, establishing the Uniform Code of Military Justice. Drafted by a working group comprised of both civilian and military attorneys, the bill called for the creation of a single system of justice for all members of the United States Armed Forces. The resulting changes to military justice not only increased the JAG Department’s workload, but also required massive training efforts to familiarize judge advocates with the new procedures and Manual for Courts-Martial. Major General Reginald C. Harmon, Air Force TJAG, did not support the changes and remained critical of the UCMJ throughout his career. In a 1952 address to the Judge Advocates Association, General Harmon likened the effects of the UCMJ to “a train being pulled too far down a track by too much momentum, unable to stop when needed.”
Source: Mr. Wade Scrogham, AF JAG Corps Historian
31 MAY 1951: The Uniform Code of Military Justice, approved by Congress one year prior, was formally enacted. Drafted to make military justice more closely resemble civilian criminal law, the UCMJ produced substantive changes within the Air Force legal community. For the first time, judge advocates performing trial duty in General Courts-Martial were required to be either graduates of accredited law schools or members of the bar. They also had to be certified as competent by the TJAG. Convening authorities for General Courts-Martial were required to conduct impartial and thorough investigations prior to proceeding with a trial. Additionally, Staff Judge Advocates received increased responsibilities in advising convening authorities as to their duties. The UCMJ also extended new rights to criminal defendants, and significantly changed the appellate process with the establishment of the Court of Military Appeals.
