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Appendix E TARGETING COORDINATION BOARD E-6. The targeting coordination board is a director or primary staff level venue chaired by the commander or delegated authority. The targeting coordination board is executed in accordance with the organizational battle rhythm. Targeting coordination board responsibilities: * Review operational-level targeting, assessment and progress towards the commander's objectives. * Approve targeting priorities, effects, and targets for inclusion on the NSL, RTL/JTL, and HPTL. * Review and ensure targeting efforts are synchronized with ground scheme of maneuver. * Approve allocation and priority of resources (collection and delivery) in support of targeting. * Provide the commander's targeting guidance, priority of effort, priorities for dynamic targeting. ORGANIZATION E-7. Figure E-3 provides recommendations, routine functions, and delineates responsibilities for operations in the BN/brigade targeting coordination board.
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Example Battle Rhythm Products Figure E-3. Battalion/Brigade targeting coordination board (example) E-8. Figure E-4 provides the general information, participants, the agenda, and the inputs and outputs necessary to conduct a division/corps targeting coordination board.
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Appendix E Figure E-4. Division/Corps targeting coordination board (example) OVERVIEW E-9. The targeting coordination board is a director level venue chaired by the commander or delegated authority and meets as required in accordance with the corps battle rhythm. Targeting coordination board responsibilities: * Review operational-level targeting, assessment, and progress towards the commander's objectives.
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Example Battle Rhythm Products * Approve targeting priorities, effects, and targets for inclusion on the NSL, RTL/JTL, and HPTL. * Review and ensure targeting efforts are synchronized with ground scheme of maneuver. * Approve allocation and priority of resources (collection and delivery) in support of targeting. * Provide the commander's targeting guidance, priority of effort, priorities for dynamic targeting. E-10. Figure E-5 through figure E-30 on pages E-11 through E-34 provide a visual example of a possible targeting coordination board. Figure E-5. Targeting coordination board slide 1
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Appendix E Figure E-6. Targeting coordination board slide 2 (Roll Call)
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Example Battle Rhythm Products Figure E-7. Targeting coordination board slide 3 (Agenda)
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Appendix E Figure E-8. Targeting coordination board slide 4 (Weather)
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Example Battle Rhythm Products Figure E-9. Targeting coordination board slide 5 (Combat Assessment)
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Appendix E Figure E-10. Targeting coordination board slide 6 (Operational Assessment)
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Example Battle Rhythm Products Figure E-11. Targeting coordination board slide 7 (Current Targeting Cycle)
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Appendix E Figure E-12. Targeting coordination board slide 8 (Enemy Situation)
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Example Battle Rhythm Products Figure E-13. Targeting coordination board slide 9 (Friendly Scheme of Maneuver)
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Appendix E Figure E-14. Targeting coordination board slide 10 (Information Collection Plan)
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Example Battle Rhythm Products Figure E-15. Targeting coordination board slide 11 (Review TC + 1)
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Appendix E Figure E-16. Targeting coordination board slide 12 (Enemy Situation)
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Example Battle Rhythm Products Figure E-17. Targeting coordination board slide 13 (Friendly Scheme of Maneuver)
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Appendix E Figure E-18. Targeting coordination board slide 14 (Information Collection Plan)
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Example Battle Rhythm Products Figure E-19. Targeting coordination board slide 15 (Refine TC + 2)
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Appendix E Figure E-20. Targeting coordination board slide 16 (Enemy Situation)
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Example Battle Rhythm Products Figure E-21. Targeting coordination board slide 17 (Friendly Scheme of Maneuver)
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Appendix E Figure E-22. Targeting coordination board slide 18 (Information Collection Plan)
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Example Battle Rhythm Products Figure E-23. Targeting coordination board slide 19 (Approve TC + 3)
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Appendix E Figure E-24. Targeting coordination board slide 20 (Approved Targeting Guidance ATO BH)
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Example Battle Rhythm Products Figure E-25. Targeting coordination board slide 21 (Enemy Situation)
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Appendix E Figure E-26. Targeting coordination board slide 22 (Friendly Scheme of Maneuver)
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Example Battle Rhythm Products Figure E-27. Targeting coordination board slide 23 (Information Collection Plan)
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Appendix E Figure E-28. Targeting coordination board slide 24 (Guidance TC + 4)
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Example Battle Rhythm Products Figure E-29. Targeting coordination board slide 25 (Recommended Targeting Guidance)
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Appendix E Figure E-30. Targeting coordination board slide 26 (Commanders Guidance) ASSESSMENT WORKING GROUP E-11. The assessment working group is the battle rhythm event that allows staffs to formally assess changes in the operational environment and determine if effects are achieving operational objectives. After operations and target execution have begun, it is imperative the assessment working group meets before the targeting working group for the upcoming targeting cycle. This ensures the targeting team is armed with the most up to date assessment of the operational environment and understands the progress toward operational objectives. Assessment is a key step in Army and Joint targeting methodologies and thus makes the assessment working group and targeting meetings inextricably linked in the battle rhythm. Targeting team members must participate in the assessment working group as subject matter experts in the application and assessment of their respective effects on the operational environment. Targeting specific related inputs to the assessment working group can include the following: * Current assessment of enemy composition and disposition. * Assessment of intelligence collection operations during the assessed targeting cycle.
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Example Battle Rhythm Products * All portions of the combat assessment from the assessed targeting cycle. * Relevant Intelligence Analysis of effects created during the assessed targeting cycle that may not have resulted in measurable BDA. * All Warfighting functions must provide an assessment of their planned and executed effects for the assessed targeting cycle. At a minimum if time is constrained the assessment should include:  Fires  Maneuver  Intelligence  Sustainment * Supporting organizations must provide an assessment of their planned and executed effects for the assessed targeting cycle. Table E-1. is an example assessment working group agenda as displayed in FM 6-0. The assessment working group is executed in accordance with the organizational battle rhythm. For more information of assessment working groups and their execution see FM 6-0 or ATP 5-0.3. Table E-1. Assessment working group agenda (example) General Information Participants Title: Assessment working group. Staff lead: G-5. Purpose: Assess progress of operations toward the Chair: Chief of staff. mid- to long-range planning horizons. Members: Coordinating, special, and personal Frequency: Weekly (IAW staff representatives; liaison officers; and others Organizational Battle Rhythm as required. to match targeting cycle). Duration: Two hours. Location: Plans cell. Medium: Face-to-face, defense collaboration services. Inputs and Outputs Agenda (Responsibly Party) Inputs:  Roll call (G-5).  Assessment plan.  Plan review (G-5).  Higher echelon, subordinate, and unified  Subordinate unit’s assessments (G-5, action partner assessments. LNOs).  Running estimates.  Unified action partner assessments (G-5, LNOs). Outputs:  Updated assessment products.  Assessment discussions (staff leads).  Recommended adjustments to the  Assessment summary (G-5). assessment and information collection  Guidance (chief of staff). plans.  Assessment reports to higher headquarters. G-5 assistant chief of staff, plans IAW in accordance with LNO liaison officer
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Appendix F Example Target Information Folder The Army targeting methodology does not have a prescribed target packet format or requirements unlike the joint targeting standards. Nevertheless, in order to database, sort, and share the targets developed through D3A, a digital format must be established by SOPs and Commander’s guidance and built on specific information points. This appendix will display an example format and content to be completed. This example is meant to support all target types but does not represent any prescribed requirements. TARGET PACKETS F-1. Targeting often requires that targets be in a shareable format. Whether in a joint or Army role, targeting teams must maintain the ability to save progress, share, or database targets during the development process to satisfy validation requirements. In an Army role, the presentation of a target is entirely unit and SOP based. The method, format, and content in which to build a target packet is typically driven by the commander's requirements, FSCOORD and targeting officer's guidance, and intelligence capabilities at echelon. F-2. In a joint role, CJCSI 3370.01D establishes the target development standards that must be met to present an electronic target folder to a validation authority. EXAMPLE TARGET INFORMATION FOLDER F-3. Target information folders (TIF) have proven to be an efficient and effective way of tracking information related to targets that require more than a cursory recommendation. The TIF typically contains three primary sections of data, they are listed and described below. F-4. The first section is the administrative data located at the top of every page of the TIF. The administrative data contains the following data fields: * Target System or HPTL category- Depending typically on the guidance from the commander, FSCOORD, or unit SOP, the targeting team will track targets by the systems, warfighting functions, or HPTL items they are attempting to affect. * Supported Operation- This will delineate which phase, critical event, or operation this target is supporting. * Date of Information (referred to as DOI) - This specifies the latest date of intelligence supporting this target. * Basic Encyclopedia (BE), Counter-Terror Identification (CTID), Unique Identification (UID), Target Number- Depending on the target type or how the target is defined will determine the BE/CTID/UID/ Target Number. Any target being nominated to the joint level must have a BE, CTID, or UID. Targets at the tactical army level should be assigned a target number. These target numbers are unit or SOP based. * Location/ Military Grid Reference System (referred to as MGRS) - Typically in MGRS coordinate form that can provide a horizontal accuracy sufficient to make the target geospatially distinct from any other target in the surrounding area. In some cases, a common name is added to the location data field to further identify the target within an AO. For example, if a target is within a geographic area without civil identification such as city, village, or town name. * Targeting Tasks or Objectives- This data field provides the operational linkage to the target. Not to be confused with supported operation, this field identifies the specific operational effort that will be aided in creating the desired effects against this target.
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Appendix F F-5. The second section of the TIF contains the essential target information. The essential target information includes how the target functions, supports the target system, and its description, among other relevant categories that aid a validation authority in determining the validity of a target. Essential target information typically includes: * Target Significance- A target significance statement should address target affiliation and importance to the threat's target system(s) or the capability it provides to the threat ("This target is important to the system because. . ." or "This target provides the threat with the capability to. . ."). It should neither state nor re-state the targets’ function, functional characterization, or expectation statement, nor should it be a continuation of the target. Rather, it should relay the target's value given its identified function(s) and relationship to the system and threat. * Target Description- Aids in identifying and characterizing the target and differentiating the target from similar or collocated potential targets. The distinguishing features used for the target do not necessarily support the target's function; rather, this remark uniquely characterizes the target from other potential targets. Target description statements vary by target type and consist of physical descriptions, unique aspects, and/or patterns of life sufficient to identify and distinguish the target from similar or collocated targets. * Functional Characterization- Functional characterization must define the specific actions or activities that the target accomplishes, or the capabilities it provides to the target system. Many targets have multiple functions (especially individuals), and there is utility in considering more than just its primary function. The functional characterization statement provides the space and flexibility to describe multiple secondary functions that fall under a single, primary function. The functional characterization should reflect when a facility type target is a dual-use facility. Clearly identify in the functional characterization statement the primary functions representing both the civilian and military functions of a dual-use facility. * Expectation Statement- The focus of the target expectation statement is not the target itself, but the affect(s) on the target system and threat capability with which it is associated. The target expectation statement should address the following questions:  (1) How will neutralizing the target's function affect the target system or threat capability (such as, minimal, moderate, or significant operational or psychological impact)?  (2) What is the estimated degree of impact on the target system (such as, short, medium, or long-term effect)?  (3) What is the functional recuperation time estimate for the target if the target's function is neutralized?  (4) What distinct short/long-term military or political advantage/disadvantage to the joint force do we expect if the target's function is neutralized, delayed, disrupted, or degraded?  (5) What is the expected threat reaction to loss or degradation of the target's function(s)?  Intelligence Gain Loss Statement- Describes potential intelligence gains or losses resulting from affecting the target. Descriptions of the type of intelligence gained, the intelligence value, any known or potential mitigation techniques, the anticipated significance of the loss or preservation of the intelligence, and an engagement recommendation. F-6. This is by no means an all-inclusive list. Aspects such as commander's guidance, unit SOPs, or mission may affect the specific essential target information captured in a TIF. Concerns are one form of additional information that can be included in this section of a TIF. They can include collateral concerns derived from collateral damage estimation, law of armed conflict concerns derived from the assessment of a target potentially being used for military or civilian purposes, or political concerns derived from the potential ramifications of effecting a target tied to political individuals or organizations. F-7. The last section of the TIF is the supporting intelligence. Supporting intelligence is the intelligence supporting the statements made about the target in the essential target information section. In the example TIF, supporting intelligence is listed in two ways and two locations. The first is in the data block on the first page of the TIF. This is intended to list the total number of intelligence reports supporting this TIF, by intelligence discipline if capable. The second method and location for listing supporting intelligence is through subsequent pages of the TIF, and in as many additional pages as necessary. Preferably by intelligence discipline, intelligence reports are listed with report number, classification, and brief description of report.
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Example Target Information Folder For human intelligence, a source validation statement is recommended for each report. The supporting intelligence section can also include information outside of typical intelligence disciplines such as weapons locating radar analysis, biometrics, or operational reporting. At the end of the supporting intelligence an assessment or summary can be used to describe the target to a validation authority in the event the target can’t be briefed either in-person or electronically. F-8. Figures F-1 and figure F-2 on page F-3 are graphic examples of the TIF. Figure F-1 is the first page and is often referred to as a baseball card. Figure F-2 is an example supporting intelligence page. Note. Target information folders (TIFs) become classified when actual data is filled in. Figure F-1. Target Information Folder page 1 (baseball card) (example)
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Appendix F Figure F-2. Target Information Folder page 2 (baseball card) (example)
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Appendix G Target Value Analysis Tool CARVER is a memory aid tool that stands for criticality, accessibility, recuperability, vulnerability, effect and recognizability and is a tool used to identify and rank (prioritize) specific targets so that attack resources can be efficiently used. CARVER is a target selection and risk, or vulnerability assessment used by calculating the value of a given potential target and the ease with which such a target could be affected. CARVER helps to identify targets that are vulnerable to attack and for defensive purposes. CARVER TOOL G-1. The CARVER matrix tool can indicate high-risk targets that require additional security assets allotted to them to prevent the degradation of these assets via enemy assault or terrorist action. CRITICALITY G-2. Criticality means target value. This is the primary consideration in targeting. A target is critical when its destruction or damage has a significant impact on military, political, or economic operations. Targets within a system must be considered in relation to other elements of the target system. The value of a target will change as the situation develops, requiring the use of the time-sensitive methods which respond to changing situations. For example, when one has few locomotives, railroad bridges may be less critical as targets; however, safeguarding bridges may be critical to maneuvering conventional forces which require use of such bridges. ACCESSIBILITY G-3. A target is accessible when an operational element can reach the target with sufficient personnel and equipment to accomplish its mission. A target can be accessible even if it requires the assistance of knowledgeable insiders. This assessment entails identifying and studying critical paths that the operational element must take to achieve its objectives and measuring those things that aid or impede access. RECUPERABILITY G-4. A target's recuperability is measured in time; that is, how long will it take to replace, repair, or bypass the destruction of or damage to the target? Recuperability varies with the sources and type of targeted components and the availability of spare parts availability. VULNERABILITY G-5. A target is vulnerable if the operational element has the means and expertise to successfully attack the target. When determining the vulnerability of a target, the scale of the critical component needs to be compared with the capability of the attacking element to destroy or damage it. EFFECT G-6. The effect of a target attack is a measure of possible military, political, economic, psychological, and sociological impacts at the target and beyond. This is closely related to the measure of target criticality. The type and magnitude of given effects desired will help planners select targets and target components for attack. Effect in this context addresses all significant effects, whether desired or not, that may result once the selected
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Appendix G target component is attacked. Traditionally, this element has addressed the effect on the local population, but now there are broader considerations. RECOGNIZABILITY G-7. A target's recognizability is the degree to which it can be recognized by an operational element and intelligence collection and reconnaissance assets under varying conditions. Weather has an obvious and significant impact on visibility. Rain, snow, and ground fog may obscure observation. Road segments with sparse vegetation and adjacent high ground provide excellent conditions for good observation. Distance, light, and season must also be considered. Table G-1 is an example of a CARVER matrix tool. Table G-1. CARVER matrix tool Value Criticality Accessibility Recuperability Vulnerability Effect Recognizability 5 Loss Would Easily Extremely Definitely Favorable Easily Be Mission Accessible Difficult to Have the Impact on Recognized by Stopper Away from Replace, Long Means and Civilians All with No Security Down Time Expertise to Confusion Attack 4 Loss Would Easily Difficult To Probably Have Favorable Easily Reduce Accessible Replace with the Means and Impact No Recognized by Mission Outside Long Down Time Expertise to Adverse Most with Little Performance (<1 Year) Attack Impact on Confusion Civilians 3 Loss Would Accessible Can Be May Have the Favorable Recognized Reduce Replaced in Means and Impact, With Some Mission Relatively Short Expertise to Some Training Performance Time (Months) Attack Adverse Impact on Civilians 2 Loss May Difficult To Easily Replaced Little No Impact Hard To Reduce Gain Access in A Short Time Capability to on Forces Recognize Mission (Weeks) Attack Adverse Confusion Performance Impact on Probable Civilians 1 Loss Would Very Difficult to Easily Replaced Very Little Unfavorabl Extremely Reduce Gain Access in A Short Time Capability to e Impact Difficult to Mission (Days) Attack Assured Recognize Performance Adverse Without Impact on Extensive Civilians Orientation G-8. For more information on how to use CARVER as a target value analysis tool see ATP 2-33.4 and ATP 3-05.20.
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Appendix H Target Numbering Target numbering is a system for expressing lethal and nonlethal actions against an entity or object considered for possible engagement or other actions. This numbering system identifies a wide array of mobile and stationary forces, equipment, capabilities, and functions that an enemy commander can use to conduct operations. The Army identifies targets using alphanumeric characters when selecting and prioritizing targets. The Army assigns target numbers that adhere to the provisions of NATO standardized agreement 2934. H-1. The targeting alphanumeric system represents the following- * Organizations. * Elements. * Cell, sections, or teams within a brigade size element. * Cell, sections, or teams within a BN size element. * Block of numbers. H-2. The target number is comprised of six characters consisting of two letters and four numbers in the following positions, for example AB1234. The two letters indicate the originator of the target number and the echelon holding the target data. The senior HQ establishes and publishes the assigned first letter in the operations order. The letter "Z" is the only permanently assigned first letter. The target number prefix "Z" is reserved for technical use by automatic data processing systems among nations when transferring target information from one nation to another. The second letter "E" is allocated for Service components forces in automatic data processing systems in those instances where a "Z" prefix target is generated for example "ZE." Table H-1 is an example of the assignment of first letters for targeting in an OE. Table H-1. Assignment of first letter (example) Organization Letter CENTCOM C United States A United Kingdom B EUROCORPS E France F Germany D MNC M NRDC Italy N CENTCOM – Central Command EUROCORPS – European Corps MNC – Multinational Corps NRDC – NATO Rapid Deployable Corps H-3. Target numbers serve as an index to all other information regarding a particular target, such as location, description, and size. Normally, a common target numbering system is used at corps and within a major force. Target block numbers are traceable to its originating source to specific users. Corps down to BCT level may assign the second letter (A through Z). See table H-2.
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Appendix H H-4. Once a target is assigned a target number that association remains as long as the target exists. The target and target number maintain their association even when passed to an adjacent, higher or lower HQ. Table H-2. Assignment of letters (example) Elements Letters Corps AA FSE/Fires Cell AB TACP AC X Division AD 1 BCT AE 2 BCT AF 3 BCT AG 4 BCT AH Y Division AJ 1 BCT AK 2 BCT AM 3 BCT AN 4 BCT AQ BCT – brigade combat team, FSE – fire support element, TACP – tactical air control party H-5. Table H-3 is an example of standard blocks of numbers assigned within a brigade. Table H-3. Assignment of blocks of numbers (example) Numbers Brigade elements 0000-2999 BCT FSE 3000-3999 FSE, lowest numbered maneuver battalion or squadron FSE, second lowest numbered maneuver battalion or 4000-4999 squadron 5000-5999 FSE, third lowest numbered maneuver battalion or squadron 6000-6999 FSE, cavalry squadron or additional fire support assets 7000-7999 FDC, BCT field artillery battalion 8000-8999 Counterfire targets 9000-9999 Spare 1 Lowest regimental number BCT - brigade combat team, FDC – fire direction center, FSE - fire support element H-6. Table H-4 on page H-3 is an example of how a BN size element with a block of numbers may allocate their numbers. Consult the unit SOP for specific unit target numbers. Additional number blocks are requested from the supervising fire support element.
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Target Numbering Table H-4. Additional assignment of blocks of numbers (example) Numbers Battalion elements X000-X199 Battalion FSE X200-X299 Fire support team, Company A X300-X399 Fire support team, Company B X400-X499 Fire support team, Company C X500-X599 Fire support team, Company D X600-X699 Additional fire support team or fire support assets X700-X799 FDC, battalion or company mortars X800-X999 Spare FDC – fire direction center, FSE—fire support element, X – numeral assigned by higher headquarters
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Appendix I Alternate Targeting Methodologies Two alternative methods have been used and implemented for a varying degree of needs. The two most common methods are the multi-service tactics, techniques, and procedures for dynamic targeting known as find, fix, track, target, engage and assess (referred to as F2T2EA) and a Special Operations Forces methodology used predominantly for Counterinsurgency/HVI targeting known as Find, Fix, Finish, Exploit, Analyze, and Disseminate (F3EAD). SECTION I – FIND, FIX, TRACK, TARGET, ENGAGE AND ASSESS I-1. Dynamic targeting is targeting that prosecutes targets identified too late, or not selected for action in time to be included in deliberate targeting (JP 3-60). Dynamic targeting occurs during detect, deliver and assess functions of the D3A methodology and the joint targeting cycle phase 5: mission planning and execution. A target of opportunity may emerge, or a change in the situation may necessitate a change to a planned target. These targets still require confirmation, verification, validation, and authorization, but in a shorter timeframe than deliberate targeting allows. I-2. The process developed to facilitate dynamic targeting at the joint level is— find, fix, track, target, engage, and assess (referred to as F2T2EA). While the steps are listed in the order presented to ease explanation, several steps are accomplished simultaneously and overlapped. For example, the track step frequently continues through the completion of the assess step. Figure I-1 shows find, fix, track, target, engage, and assess in the joint targeting cycle. For a more in-depth explanation of each of the steps in the targeting process refer to ATP 3-60.1. Figure I-1. Find, fix, track, target, engage, and assess within the Joint Targeting Cycle SECTION II – FIND, FIX, FINISH, EXPLOIT, ANALYZE, AND DISSEMINATE I-3. F3EAD provides maneuver leaders at all levels with a methodology that enables them to organize resources and array forces across the range of military operations. While the targeting aspect of F3EAD is consistent with D3A methodology, F3EAD provides the maneuver commander an additional tool to address certain targeting challenges, particularly those found in a counterinsurgency environment. F3EAD is not a
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Appendix I replacement for D3A nor is it exclusive to targeting; rather it is a technique that works at all levels for leaders to understand their OE and visualize the effects they want to create. I-4. In counterinsurgency operations, engaging targets with nonlethal effects are frequently more important than engaging targets with lethal effects, and F3EAD is equally applicable for both. Effective targeting identifies options to support the commander's intent and objectives. For nonlethal effects, those options may include civil-military operations, civil affairs operations, cyber electromagnetic activities, information, psychological operations, and political, economic, and social programs. Engaging targets with lethal effects are most typically designed to kill. I-5. F3EAD is especially well suited and is the primary means for engaging HVIs. A high-value individual is a person of interest who is identified, surveilled, tracked, influenced, or engaged. A HVI may become an HPT that must be acquired and successfully attacked (exploited, captured, or killed) for the success of the friendly commander's mission. In this role, F3EAD features massed, persistent reconnaissance, or surveillance cued to a powerful and decentralized all source intelligence apparatus to find a HVI in the midst of civilian clutter and find his exact location. This accurate location enables surgical finishing effects (lethal or nonlethal) that emphasize speed to catch a mobile target. The emphasis on speed is not only to remove a combatant from the AO, but also to take the opportunity to gain more information on the threat enemy advisory. The exploit and analyze steps are often the main effort of F3EAD because these steps provide insight into the enemy's network and may open new targeting efforts. The information accumulated during the exploit and analyze steps frequently start the cycle over again by providing leads or start points into the network that can be observed and tracked. SECTION III – THE PROCESS WITHIN THE PROCESS I-6. To gain an understanding of the F3EAD process, it is instructive to see how F3EAD is used within D3A and can begin during any phase of D3A methodology. The process still begins with a decide function in which decisions are made on priorities and the allocation of resources. The decide step is performed continuously, and requires extensive, persistent analytical work by operations and intelligence personnel. They analyze large quantities of all-source intelligence reporting to determine the: * Threat validity. * Actual importance of potential targets. * Best means to engage the target. * Expected effects of engaging the targets (which will guide actions to mitigate negative effects). * Changes required to the exploitation plan. I-7. Figure I-2 on page I-3 indicates, the detect function is broken into two parts - find and fix. During the find step, the HVI is identified, and the target's network is mapped and analyzed. During the fix step a specific location and time to engage the HVI is identified, and the validity of the target is confirmed.
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Alternate Targeting Methodologies Figure I-2. High-value individual targeting process I-8. In counterinsurgency operations, the target sets often will include HVI that require special care or caution in treatment because failure to engage them or to engage them improperly can lead to adverse consequences. As a result, the find step may take a considerable amount of time from days to even weeks as targets are identified, and the target's network is mapped and analyzed. I-9. The finish step of F3EAD mirrors the deliver function of D3A when the action planned against the target is initiated and completed. Where the finish step differs from the deliver function in D3A is the nature of the means the commander will apply against identified target sets. In addition to systems typically associated with delivering effects in the D3A methodology, means used by a maneuver commander in counterinsurgency operations can include actions such as sniper, counter sniper, tactical callout, vehicle interdiction, and small ambush teams. I-10. The exploit, analyze, and disseminate steps amplify the assess function. The engaging unit takes the opportunity to gather additional information during the exploit step, determines the implications and relevance of the information during the analyze step, and publishes the results during the disseminate step. I-11. It is important to remember that targeting is conducted continuously. For any given target, the process tends to follow the flow depicted in figure I-1, on page I-1. At any given time however, a unit may be at the find step for some targets, the exploit step for several other targets, and at the fix, finish, analyze, or disseminate step for still other targets. Similarly, the unit may disseminate information pertaining to the location of a target prior to the finish step or exploit step. Generally, the process will follow the depicted flow; do not let the process restrict what needs to happen next.
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Appendix I FIND I-12. Collection plans that support the F3EAD process are, driven by the requirement for time compression. IPB and area SA collection are an ongoing effort. Once an insurgent cell or HVI is identified, the targeting folder must be quickly developed. After the targeting folder is approved for collection, very specific information on possible engagement locations must be collected quickly without alerting the HVI. This requires layering of collection efforts and assets. I-13. HVI targeting will most often be conducted in counterinsurgency operations where the enemy frequently hides among the civilian population. Persistent and high-fidelity intelligence is often the key to defeating a threat whose primary strength is denying friendly forces access to a target. I-14. Reconnaissance and surveillance assets are most effective against such enemies when massed. The insurgent's ability to hide in plain sight demands persistent collection in order to detect their presence. Persistent collection requires long dwell times and must be focused using multiple sensors on discrete parts of the network in order to achieve the fidelity of information required for targeting. I-15. The effectiveness of reconnaissance and surveillance grows exponentially when it is cued to and driven by other sources of intelligence rather than operating alone. The enemy is so well hidden that it takes multiple sources of intelligence to corroborate information. SIGINT for example, can locate a target but may not be able to discern who it is. An airborne sensor with full motion video can track but not necessarily identify the target. HUMINT can provide intent but may not be able to fix a target to an accurate location. However, these disciplines working together can focus the spotlight on a HVI who is hidden in the general population. Without a robust, collaborative intelligence network to guide it, sensors are often used in reactive modes that negate their true power and tend to minimize their full potential. These intelligence sources provide a start point into the enemy network that can be exploited through persistent and patient observation. With this type of start point, one can mass reconnaissance forces with confidence that assets are not being wasted. I-16. Massing intelligence resources implies focus and priority. Selected parts of the enemy's network receive focus, which should be unwavering for a specified time. The problem with a low-contrast and fleeting target is that threat actions are not easily predictable. Without prediction, the next best things are redundancy and saturation. The inability to mass employment of collection assets over a large geographic area often results in a loss of effectiveness. I-17. One technique that is critical to improve effectiveness against an insurgent is nodal analysis (or link analysis). Insurgent networks do not exist in a vacuum. They interact with supporters in the population and, less directly with their supporters buried in the power structure. An HVI may interact with key leaders in politics, security, the economy, and real estate, as well as the general population. I-18. Life pattern analysis is connecting the relationships between places and people by tracking their patterns of life. While the enemy moves from point to point, reconnaissance or surveillance tracks and notes every location and person visited. Connections between those sites and persons to the target are built, and nodes in the enemy's network emerge. Link analysis and life pattern analysis identify these relationships in order to complete the targeting folder. To be effective, there must be sufficient intelligence on the network the HVI belongs to in order to know the effect of their removal. Just because they are the cell leader may not be a good enough reason to target the individual. How will the cell be degraded by their removal? How long will it take to replace the individual? I-19. This analysis has the effect of revealing the HVI's physical infrastructure for things such as funding, meetings, HQ, media outlets, and weapons supply points. As a result, the network becomes more visible and vulnerable. Nodal analysis uses the initial start point to generate additional start points that develop even more targeting opportunities within the enemy's network. The payoff of this analysis is huge but requires patience to allow the network's picture to develop over a long period of time. I-20. Networks are notably resistant to the loss of any one or even several nodes. The focus of targeting is not just to identify an individual who is a leader in the network. Instead, it is to identify the critical leader whose removal will cause the most damage to the network. The ultimate success is to remove sufficient
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Alternate Targeting Methodologies I-21. critical nodes simultaneously--or nearly so--such that the network cannot automatically reroute linkages but suffers catastrophic failure. Inputs I-22. Inputs to the FIND step: * Commander's guidance and priorities. * IPB, to include identified NAI, TAI, and cross cueing of intelligence disciplines to identify potential target sites or OEs. * Life pattern analysis. * Collection plans based on the IPB. Outputs I-23. Outputs of the FIND step: * Potential HVI detected and nominated for further development. * Targeting folders. * HVI network identified and analyzed. FIX I-24. The continued collection effort paints a picture of the HVI. The intelligence staff officer can draw broad behavior patterns that will focus the specific collection requirements from analysis of the intelligence. The information harvested from the focused and persistent collection reveals the life patterns of the HVI including overnight locations, daily routes, visitations, and trustworthy associates. National and unit intelligence assets then corroborate the life patterns. As the details are filled in, it becomes possible to anticipate where the HVI is most likely to spend time or visit. I-25. Maintaining persistent, continuous intelligence support is particularly hard at lower echelons of command and small units where intelligence assets are less available than at the brigade and higher echelons. At lower-echelon units, it is important for the command to establish intelligence support teams with personnel who know the targets and are trained in the unit SOPs for sensor preparation and briefings, patrol debriefings, data collection, and able to fuse this information with the unit's operational plan to finish the target. I-26. As the probable location of the HVI target is narrowed to a few sites, the unit is able to identify feasible courses of action and begin refining the planned actions of the finish force. At some point the information leads the unit to determine a HVI target is likely to be a specific location (Fix) at a specific time or within a specific time frame. Depending on the accuracy and reliability of the information, the unit may choose to verify the information through other means. Once the unit is satisfied that the Fix is valid, they may choose to launch the finish force. Inputs I-27. Inputs to the FIX step: * Probable HVI. * Information on the target and the target's network. Outputs I-28. Outputs of the FIX step: * Target identification and confirmation. * Target location accuracy refined to the level required for target engagement. * Determination or estimation of target time characteristics.
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Appendix I FINISH I-29. The window of opportunity to engage the target requires a well-trained and rehearsed finish force and a well-developed SOP. The force will normally not have the time to create elaborate plans. Instead, the force will be required to adapt a known drill to the existing conditions and rapidly execute the required actions, such as a raid, ambush or cordon and search. The force must also be prepared to conduct follow on operations based on information found during exploitation on the objective. Inputs I-30. Inputs to the FINISH step: * HVI location within a given time frame. Outputs I-31. Outputs of the FINISH step: * Target isolated and engaged. * Target location secured. * Exploitation force on site. EXPLOIT I-32. F3EAD differs from other targeting models because of its emphasis on the exploit and analyze steps as the main effort. This recognizes the importance of information in fighting the low contrast threat and aggressively supplying multisource start points for new information collection. More than the other steps, this feeds the intelligence operations cycle in which intelligence leads to operations that yield more intelligence leading to more operations. The emphasis on raids is essential to gather intelligence on the enemy network; simply killing the enemy will not lead to greater effectiveness against their networks. In fact, capturing the enemy for purposes of interrogating is normally the preferred option. I-33. Once secured, the target site must be exploited. Site exploitation is a series of activities to recognize, collect, process, preserve, and analyze information, personnel, and/or materiel found during the conduct of operations (JP 3-31). Effective site exploitation requires prior planning to include SOP, search plans, prepared site exploitation kits, and tactical questioning plans. Units must make these preparations in advance of the finish step in order to enable effective actions on the objective. For a more detailed discussion of site exploitation activities and enablers see ATP 3-90.15. I-34. The site exploitation team may have a variety of enablers in direct support, or it may come solely from the unit. In any case, they must have clear instructions on what to look for in the specific site and training in how to conduct the search and collection. Some units use smart cards with target specific information and predetermined questions. Such aids have been useful in preparing and guiding the exploitation teams. Some organizations prefer designated assault or exploitation units. Continual preparation for these type missions allows the development and refinement of SOP. I-35. Target exploitation and document exploitation are important operations and intelligence activities critical to F3EAD. Documents and pocket litter, as well as information found on computers and cell phones, can provide clues that analysts need to evaluate enemy organizations, capabilities, and intentions. The threat's network becomes known a little more clearly by reading their email, financial records, media, and servers. Target and document exploitation help build the picture of the threat as a system of systems.
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Alternate Targeting Methodologies I-36. The tactical questioning of detainees is crucial to revealing the threat's network. The ability to talk to insurgent leaders, facilitators, and financiers about how the organization functions offers significant insight on how to take that organization apart. Intelligence from detainees drives operations, yielding more detainees for additional exploitation and intelligence. Inputs I-37. Inputs to the EXPLOIT step: * Secured target location. * Targeted questions. * Site exploitation preparation and SOP. Outputs I-38. Outputs of the EXPLOIT step: * Documented information. * Detailed reports. * Follow on targets for immediate execution. ANALYZE I-39. The bottom line of the analyze step is to examine and evaluate information and Identify Intelligence (referred to as I2) rapidly turn it into actionable intelligence that can be applied to defeat the threat's network. Some information may be immediately actionable, such as information providing the location of another HVI. Other information may need further analysis and corroboration. I-40. The information requires the staff to streamline operations to allow for this data to be stored, analyzed, recalled, and disseminated as necessary. New or additional players must be included in the collection and assessment process. National and theater level technical assets will also be critical and mechanisms to facilitate their integration must be developed. All of this will require modifications of existing planning mechanisms and procedures and learning how to incorporate new sources. I-41. The objective is to make intelligence, not information. To do this you have to invest resources and focus on preparation. The level of dedicated resources (mainly personnel) will have a direct correlation to the quality and quantity of developed intelligence. Too few resources result in an extrication of raw information effort, instead of an analytical and understanding effort. The right balance of personnel and resources creates a greater return; under or over resourced teams risk diminished returns. Inputs I-42. Inputs to the ANALYZE step: * Document and media exploitation. * Detailed reports. Outputs I-43. Outputs of the ANALYZE step: * Actionable intelligence. * Correlated information. * Intelligence assessments.
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Appendix I DISSEMINATE I-44. The Disseminate step is simple but time consuming. The goal is to make sure everyone else knows what you know. Even information that appears to be irrelevant may hold the key to unlocking a network for someone else. Fortunately, the various computer programs and networks greatly aid the dissemination process. I-45. Prioritizing the dissemination effort is essential. Some information will answer a PIR and should be forwarded to the requesting agency immediately. Other information may be important based on the OE. Still other information will be routine and can be handled routinely. Inputs I-46. Inputs to the DISSEMINATE step: * Relevant and correlated information. * Actionable intelligence. * Intelligence assessments. Outputs I-47. Outputs of the DISSEMINATE step: * Databases, matrices, and assessments are updated. * Intelligence and information are pushed to higher, lower, and adjacent units. * Information is made available to everyone with a need to know. SECTION IV - MEASURING SUCCESS I-48. Measuring success when conducting F3EAD requires analysis conducted in two stages. The first stage occurs immediately after the finish step and should answer questions associated directly to the target and its network. Examples of first stage metrics include: * Killed or captured insurgents. * Changes in insurgent patterns. * Collected exploitable material. I-49. The second stage of analysis takes the longer view. These metrics provide the yardstick for the JFC to examine progress made toward meeting objectives established in the joint campaign plan to include: * Changes in observable local behavior towards United States and Host Nation Forces to include public actions. * Changes in the quality or quantity of information provided by individuals or groups. * Changes in the economic or political situation of an area.
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Glossary The glossary lists acronyms and terms with Army or joint definitions. Where Army and joint definitions differ, (Army) precedes the definition. The glossary lists terms for which FM 3-60 is the proponent with an asterisk (*) before the term. For other terms, it lists the proponent publication in parentheses after the definition. SECTION I – ACRONYMS AND ABBREVIATIONS ACE analysis and control element ADP Army doctrine publication AGM attack guidance matrix ALO air liaison officer AO area of operations ARFOR Army forces ATP Army techniques publication BCD battlefield coordination detachment BCT brigade combat team BDA battle damage assessment BE basic encyclopedia BN battalion C2 command and control CBRN chemical, biological, radiological, and nuclear CEMA cyberspace electromagnetic activities CEWO cyber electromagnetic warfare officer CFA critical factors analysis CI counterintelligence CJCSI Chairman of the Joint Chiefs of Staff instruction COA course of action CTID counter-terror identification D3A decide, detect, deliver, and assess DA Department of the Army DIVARTY division artillery DOD Department of Defense EAC echelons above corps E-MIB expeditionary-military intelligence brigade EW electromagnetic warfare F3EAD find, fix, finish, exploit, analyze, and disseminate FAB field artillery brigade FAIO field artillery intelligence officer
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Glossary FM field manual FS fire support FSCOORD fire support coordinator FSE fire support element FSO fire support officer G-2 assistant chief of staff, intelligence G-3 assistant chief of staff, operations G-4 assistant chief of staff, logistics HPT high-payoff target HPTL high-payoff target list HUMINT human intelligence HQ headquarters HVI high-value individual HVT high-value target ICSM intelligence collection synchronization matrix IEW intelligence and electronic warfare IO information operations IPB intelligence preparation of the battlefield JAGIC joint air-ground integration center JFC joint force commander JFLCC joint force land component commander JP joint publication JPP joint planning process JTF joint task force JTL joint target list LCC land component commander MDMP military decision-making process MDTF multidomain task force MIB-T military intelligence brigade-theater MOE measure of effectiveness MOP measure of performance NAI named area of interest NATO North Atlantic Treaty Organization NSL no-strike list OE operational environment OPLAN operation plan OPORD operation order PED processing, exploitation, and dissemination PIR priority intelligence requirement ROE rules of engagement RTL restricted target list
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Glossary SIGINT signals intelligence SIR specific information requirement S-2 battalion or brigade intelligence staff officer S-3 battalion or brigade operations staff officer SJA staff judge advocate SOP standard operating procedure STANAG standardization agreement (NATO) TAI target area of interest TIF target information folder TLE target location error TSA target system analysis TSM targeting synchronization matrix TSS target selection standards TST time-sensitive target TUAS tactical unmanned aircraft systems TVA target value analysis UID Unique Identification SECTION II – TERMS attack guidance matrix A targeting product approved by the commander, which addresses the how and when targets are engaged and the desired effects. (FM 3-09) battle damage assessment The estimate of damage composed of physical and functional damage assessment, as well as target system assessment, resulting from the application of fires. (JP 3-0) board A grouping of predetermined staff representatives with delegated decision authority for a particular purpose or function. (FM 6-0) chief of fires The senior fires staff officer at echelons above corps who advises the commander on the best use of available fires resources and provides input to the necessary orders. (ADP 3-19) combat assessment The determination of the overall effectiveness of force employment during military operations. Also called CA (JP 3-60) collection plan A systematic scheme to optimize the employment of all available collection capabilities and associated processing, exploitation, and dissemination resources to satisfy specific information requirements. (JP 2-0) dynamic targeting Targeting that prosecutes targets identified to late or not selected for action in time to be included in deliberate targeting. (JP 3-60)
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Glossary fire support coordinator (Army) The senior field artillery commander for the theater, corps, division, and brigade combat team who is the maneuver commander’s primary advisor to plan, coordinate, and integrate field artillery and fire support in the execution of assigned tasks. (FM 3-09) high-payoff target A target whose loss to the enemy will significantly contribute to the success of the friendly course of action. Also called HPT (JP 3-60) *high-payoff target list A prioritized list of high-payoff targets by phase of the operation. *high-value individual A person of interest who is identified, surveilled, tracked, influenced, or engaged. Also called HVI. high-value target Is a target the enemy commander requires for the successful completion of the mission. Also called HVT (JP 3-60) intelligence preparation of the battlefield (Army) The systematic process of analyzing the mission variables of enemy, terrain, weather, and civil considerations in an area of interest to determine their effect on operations. (ATP 2-01.3) planning The art and science of understanding a situation, envisioning a desired future, and determining effective ways to bring that future about. (ADP 5-0) site exploitation A series of activities to recognize, collect, process, preserve, and analyze information, personnel, and/or materiel found during the conduct of operations. (JP 3-31) synchronization The arrangement of military actions in time, space, and purpose to produce maximum relative combat power at a decisive time and place. (JP 2-0) target An entity or object that performs a function for the threat considered for possible engagement or other action. (JP 3-60) target development The systematic examination of potential target systems—and their components, individual targets, and even elements of targets—to determine the necessary type and duration of the action that must be exerted on each target to create an effect that is consistent with the commander's specific objectives. (JP 3-60) targeting The process of selecting and prioritizing targets and matching the appropriate response to them, considering operational requirements and capabilities. (JP 3-0) time-sensitive target A joint force commander-validated target or set of targets requiring immediate response because it is a highly lucrative, fleeting target of opportunity or it poses (or will soon pose) a danger to friendly forces. Also called TST (JP 3-60) validation A part of target development that ensures all candidate targets meet the objectives and criteria outlined in the commander’s guidance and ensures compliance with the law of war and rules of engagement. (JP 3-60)
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Glossary vetting A part of target development that assesses the accuracy of the supporting intelligence to targeting. (JP 3-60) weaponeering Is the process of determining the specific means required to create a desired effect on a given target. (JP 3-60)
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References All websites accessed on 19 May 2023. REQUIRED PUBLICATIONS These documents must be available to the intended user of this publication. DOD Dictionary of Military and Associated Terms. May 2023. FM 1-02.1. Operational Terms. 9 March 2021. FM 1-02.2. Military Symbols. 18 May 2022. RELATED PUBLICATIONS These documents contain relevant supplemental information. JOINT AND DEPARTMENT OF DEFENSE PUBLICATIONS Most CJCS publications are available online: https://www.jcs.mil/Library/CJCS-Instructions/. Most joint publications are available online at https://www.jcs.mil/doctrine. CJCSI 3122.06E. (U) Sensitive Target Approval and Review Process (S//NF). 30 April 2018. This publication is classified and accessible on a secured network. CJCSI 3160.01D. (U) No-strike and the Collateral Damage Estimation Methodology (CUI). 21 May 2021. This publication is limited access and accessible on a secured network. CJCSI 3370.01D. (U) Target Development Standards (S//NF). 14 August 2018. This publication is classified and accessible on a secured network. CJCSI 3505.01E, Target Coordinate Mensuration Certification and Program Accreditation. 10 August 2022. JP 2-0. Joint Intelligence. 26 May 2022. JP 3-0. Joint Campaigns and Operations. 18 June 2022. JP 3-31. Joint Land Operations. 3 October 2019. JP 3-57. Civil-Military Operations. 9 July 2018. JP 5-0. Joint Planning. 1 December 2020. JP 3-60. Joint Targeting. 28 September 2018. ARMY PUBLICATIONS Most Army doctrinal publications are available at https://armypubs.army.mil. ADP 2-0. Intelligence. 31 July 2019. ADP 3-0. Operations. 31 July 2019. ADP 3-19. Fires. 31 July 2019. ADP 5-0. The Operations Process. 31 July 2019. ATP 2-01. Collection Management. 17 August 2021. ATP 2-01.3. Intelligence Preparation of the Battlefield. 1 March 2019. ATP 2-33.4. Intelligence Analysis. 10 January 2020. ATP 3-05.20. Special Operations Intelligence. 3 May 2013. ATP 3-09.30. Observed Fires. 28 September 2017.
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References ATP 3-60.1/MCRP 3-31.5/NTTP 3-60.1/AFTTP 3-2.3. Multi-Service Tactics, Techniques, and Procedures for Dynamic Targeting. 5 January 2022. ATP 3-90.15. Site Exploitation. 28 July 2015. ATP 3-91.1/ AFTTP 3-2.86. The Joint Air Ground Integration Center. 17 April 2019. ATP 5-0.3/MCRP 5-10.1/NTTP 5-01.3/AFTTP 3-2.87. Multi-Service Tactics, Techniques, and Procedures for Operation Assessment. 7 February 2020 FM 1-04. Legal Support to Operations. 8 June 2020. FM 2-0. Intelligence. 6 July 2018. FM 3-0. Operations. 1 October 2022. FM 3-09. Fire Support and Field Artillery Operations. 30 April 2020. FM 3-57. Civil-Affairs Operations. 28 July 2021. FM 5-0. Planning and Orders Production. 16 May 2022. FM 6-0. Commander and Staff Organization and Operations. 16 May 2022. FM 6-27/MCTP 11-10C. The Commander's Handbook on the Law of Land Warfare. 7 August 2019. NATO STANDARDIZATION AGREEMENT NATO STANAGs are located online: https://nso.nato.int/nso/nsdd/main/list-promulg. STANAG 2934. NATO Joint Fire Support procedures for Land Operations. 8 April 2021 PRESCRIBED FORMS None REFERENCED FORMS Unless otherwise indicated, DA forms are available on the Army Publishing Directorate (APD) website at https://armypubs.army.mil/ DA Form 2028. Recommended Changes to Publications and Blank Forms.
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Index Entries are by paragraph numbers. deliberate Targeting, 1-14, 1-15, A T 1-33, 2-43, E-1, I-1 attack guidance matrix, 1-42, 2- targeting coordination board, 1-66, 22, AGM, 1-51, 1-71, 1-74, 1- E 1-67, 3-12, 3-14, 3-15, 3-18, 3-19, 80, 1-82, 1-85, 1-93, 1-95, 2-1, example target information folder, 4-10, 4-13, 5-8, 5-14, 5-17, 5-18, 2-8, 2-15, 2-20, 2-22, 2-2, 2-26, F-1 D-13, E-1, E-2, E-6, E-7, E-8, E-9, 2-45, 2-73, 3-5, 4-4, A-22. A-23, E-10 A-26, B-9, B-35, B-44, B-45, B- targeting at the division and corps, 48, D-7, D-8, D-10 high-payoff target list, 1-28, 2-12, 4-14 3-8, D-4, D-5 B targeting at the theater, 5-19 battlefield coordination targeting categories, 1-14 detachment, 1-65, 5-24 I targeting guidance, 1-3, 1-8 to 1- intelligence support to targeting, 11, 1-41, 1-42, 1-54, 1-73, 1-82, C 1-46, 1-50, B-1, B-2, B-3, B-12, 1-87, 2-8, 2-38, 2-49. 2-54, 3-8, B-13, B-57 B-12, B-44, B-58, D-12, E-1, E- CARVER, B-31, G-1, G-7, G-8 2, E-4, E-6, E-9 K D targeting principles, 1-4 key targeting personnel, 1-39 target selection standards, 1-10, 2- desired effects and target Categories, C-1 16, D-6
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FM 3-60 11 August 2023 By Order of the Secretary of the Army: RANDY A. GEORGE General, Acting United States Army Chief of Staff Official: MARK F. AVERILL Administrative Assistant to the Secretary of the Army 2322004 DISTRIBUTION: Active Army, Army National Guard, and United States Army Reserve. Distributed in
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FM 3-84 LEGAL SUPPORT TO OPERATIONS SEPTEMBER 2023 DISTRIBUTION RESTRICTION: Approved for public release; distribution is unlimited. This publication supersedes FM 1-04, dated 8 June 2020.
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This publication is available at the Army Publishing Directorate site (https://www.armypubs.army.mil) and the Central Army Registry site
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*FM 3-84 Field Manual Headquarters No. 3-84 Department of the Army Washington, D(cid:17)C(cid:17),(cid:19)1September 2023 LEGAL SUPPORT TO OPERATIONS Contents Page PREFACE.................................................................................................................... iii INTRODUCTION .......................................................................................................... v Chapter 1 JUDGE ADVOCATE GENERAL’S CORPS ............................................................. 1-1 Mission, Vision, and Principles..................................................................................1-1 Role of the Army Judge Advocate General’s Corps..................................................1-2 Roles of Judge Advocate General’s Legal Services Personnel................................1-3 Chapter 2 ARMY OPERATIONS OVERVIEW ........................................................................... 2-1 Large-Scale Combat Operations...............................................................................2-1 Tenets and Imperatives.............................................................................................2-3 Operational Approach and Operational Framework..................................................2-5 Army Components.....................................................................................................2-9 The Operations Process..........................................................................................2-14 Targeting..................................................................................................................2-17 Chapter 3 JUDGE ADVOCATE GENERAL’S CORPS SUPPORT TO OPERATIONS ........... 3-1 Roles, Responsibilities, and Working Relationships.................................................3-1 Duties and Responsibilities of the Office of the Staff Judge Advocate Personnel....3-1 Brigade Legal Section...............................................................................................3-4 The Office of the Staff Judge Advocate—Brigade Legal Section Relationship.........3-6 United States Army Trial Defense Service................................................................3-7 OSJA—Trial Defense Service Relationship..............................................................3-7 Legal Support to Large-Scale Combat Operations...................................................3-8 Legal Support to Capabilities and Combat Power....................................................3-9 Legal Support to the Operations Process.................................................................3-9 Legal Support to the Military Decision-Making Process............................................3-9 Targeting Process...................................................................................................3-17 Current Operations..................................................................................................3-17 Planning Considerations for Legal Support.............................................................3-18 The Judge Advocate General’s Corps’ Materiel Requirements..............................3-19 Chapter 4 LEGAL SUPPORT TO THE ARMY .......................................................................... 4-1 Legal Function: Administrative and Civil Law............................................................4-1 Legal Function: Contract, Fiscal, and Acquisition Law..............................................4-3 Legal Function: Military Justice.................................................................................4-5 Legal Function: National Security Law......................................................................4-7 Chapter 5 LEGAL SUPPORT TO SOLDIERS AND FAMILIES ................................................ 5-1 DISTRIBUTIONRESTRICTION:Approved for public release; distribution isunlimited. *Thispublication supersedesFM 1-04, dated 8 June 2020.
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Contents Legal Function:Soldier and Family Legal Services..................................................5-1 Legal Function: Trial Defense Service......................................................................5-4 Appendix A ARMY RESERVE LEGAL STRUCTURE AND ORGANIZATION ........................... A-1 Appendix B NATIONAL GUARD LEGAL STRUCTURE AND ORGANIZATION ....................... B-1 Appendix C LEGAL ANNEX ........................................................................................................ C-1 Appendix D LEGAL RUNNING ESTIMATE ................................................................................. D-1 Appendix E RULES OF ALLOCATION ....................................................................................... E-1 GLOSSARY................................................................................................Glossary-1 REFERENCES........................................................................................References-1 INDEX...............................................................................................................Index-1 Figures Figure 1-1. Four constants of the Army legal profession...............................................................1-2 Figure 2-1. Army strategic context and operational categories.....................................................2-1 Figure 2-2. Domains and dimensions of an operational environment...........................................2-3 Figure 2-3. Notional corps deep, close, and rear areas................................................................2-7 Figure 2-4. The dynamics of combat power................................................................................2-13 Figure 2-5. The operations process.............................................................................................2-14 Figure 2-6. Steps of the military decision-making process..........................................................2-15 Figure 2-7. Integration of plans, future operations, and current operations................................2-17 Figure 2-8. Targeting methodology..............................................................................................2-18 Figure C-1. Sample Annex F (Sustainment) format......................................................................C-1 Figure D-1. Sample legal running estimate...................................................................................D-2 Tables Table 1-1. Core legal competencies, legal functions, and legal tasks...........................................1-3 Table 2-1. Army command relationships.....................................................................................2-11 Table 2-2. Army support relationships.........................................................................................2-12 Table 3-1. Legal inputs and outputs to the military decision-making process.............................3-11 Table 3-2. Examples of battle rhythm events requiring legal support.........................................3-14 Table 3-3. Legal support demands during large-scale combat operations.................................3-18
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Preface FM 3-84, Legal Support to Operations, is the Army’s manual for operational legal doctrine. This manual provides authoritative doctrine and practical guidance for commanders, judge advocates, legal administrators, paralegal Soldiers, and Department of the Army Civilian legal personnel across the range of military operations, during competition below conflict,crisis, and armed conflict. It outlines how the Judge Advocate General’s Corps isorganized in accordance with the Army’sforce design. It also discusses the delivery of legal support to the force. The principal audience for FM 3-84 is all members of the profession of arms. Commanders and staffs of Army headquarters serving as a joint task force or multinational headquarters or serving as Army forces in support of joint or multinational forces, as well as individually assigned or attached JAG Corps personnel. Trainers and educators throughout the Army also use this publication. Commanders, staffs, and subordinates ensure their decisions and actions comply with applicable United States, international, and applicable host-nation laws and regulations. Commanders at all levels ensure their Soldiers operate in accordance with the law of armed conflict and any applicable rules of engagement.This manual does not address the law of armed conflict in detail. For a more comprehensive treatment of those areas, refer to the Department of Defense Law of War Manualand FM 6-27. Army leaders must understand joint doctrine and use it when operating as part of the joint force. JP 3-84 establishes the baseline for legal support to operations for the joint force. Commanders and staffs of Army headquarters serving as a joint task force or multinational headquarters or serving as Army forces in support of joint or multinational forces should refer to applicable joint, multinational, and allied doctrine. FM3-84 applies to the Regular Army, the Army National Guard/Army National Guard of the United States, and United States Army Reserve unless otherwise stated. The proponent for this publication is the Future Concepts Directorate, The Judge Advocate General’s Legal Center and School, United States Army. Send written comments and recommendations on DA Form 2028 (Recommended Changes to Publications and Blank Forms) directly to Commander, The Judge Advocate General’s Legal Center and School, United States Army, ATTN: ALCS-CTR-FC, 600 Massie Road, Charlottesville, VA 22903-1781. Send comments and recommendations by e-mail to usarmy.pentagon.hqda- [email protected]. Follow the DA Form 2028 format or submit an electronic DA Form 2028.
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Introduction This manual establishes a foundation for the Judge Advocate General’s(JAG’s) Corps and judge advocate legal services (JALS) personnel to provide principled counsel and mission-focused legal support to the operational Army. It establishes an understanding of the roles and responsibilities that JAG Corps personnel have both between legal offices at different levels of command and between the legal section and the staff of the supported command, all in support of the commander and the Army.FM 3-84 replaces FM 1-04, and it includes several substantive changes. The JALS includes all personnel under the qualifying authority of The Judge Advocate General (TJAG), including uniformed lawyers, legal administrators, and paralegals, as well as civilian attorneys, paralegals, legal administrators, and paraprofessionals. The JALS also includes executive-level civilian attorneyswho are under the technical supervision of TJAG. The JAG Corps consists of all officers, warrant officers, enlisted personnel, and other members of the Army detailed to the JAG Corps. The purpose of this manual is to assist commanders and judge advocates in assigning roles and responsibilities for legal support in military operations. This manual is not intended to provide detailed guidance on every situation that judge advocates will encounter in a deployed environment, whether overseas or within the United States. Just as Army leaders and forces must respond to a broad range of threats under conditions of uncertainty by exercising operational adaptability to accomplish missions, so too must judge advocates. Operational adaptability requires JALS personnel to understand the situation in width, depth, and context, and then to assist the command by providing sound legal advice and support across the core legal disciplines. Every operation is different, and each operation requires its own unique legal support. As such, commanders and judge advocates work together to task-organize legal support for operations in a manner consistentwith the operational requirements of the commander. FM3-84provides doctrine on legal support across the range of operations and the provision of legal support in specific types or aspects of operations. FM 3-84 contains five chapters and five appendixes. Chapter 1discusses the JAG Corps’mission, roles, and principles;introduces core legal competencies and legal functions;and examines the role of legal services personnel. Chapter 2 summarizes Army operations and provides guidance on their legal support. It addresses the importance of multidomain operations, the Army’s contribution of land power to the joint force, and joint and multinational operations. The chapter then discusses the Army operational concept, operational framework, and Army echelons and units. Finally, the chapter addresses the capabilities, combat power, and the operations process and planning that enable the Army to support joint operations. Chapter 3 describes where JALS personnel are assigned supporting Army operations, discusses the roles and responsibilities of JALS personnel, outlines the primary doctrinal missions of the legal sections, and identifies resources necessary to provide legal support at various echelons. Chapter 4provides a detailed description of the four legal functions supporting the Army as an institution. They include administrative and civil law, contract and fiscal law, military justice, and national security law. Chapter 5 discusses the core legal competency of providing legal support to Soldiers and Families and its subordinate legal functions and tasks. This chapter covers these topics with a focus on legal support during large-scale combat operations, rear detachment operations, and maintaining installation services. Appendix Adiscusses the structure and organization of legal support within the Army Reserve. Appendix Bdescribes legal support to the operational Army within the Army National Guard. Appendix Cprovides a format for Tab C (Legal Support), Appendix 2 (Personnel Service Support), to Annex F (Sustainment) for Army operation orders. Appendix Ddiscusses legal running estimates. Appendix Eupdates the rules of allocation for legal support to operations. This manual recognizes the continued increase in individual and small team operations for judge advocates as they supportmultiple command posts, specialized operational cells, and headquarters required to run
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Introduction mobile, tailored forces. Judge advocates train and prepare to operate independently across the range of military operations,standing by the commander’s side. To succeed in today’s operational environment, judge advocates are versatile practitioners who are experts in their roles as lawyers, ethics advisors, counselors, law of armed conflict (also called law of war) subject matter experts, and rule of law practitioners. Judge advocates increase their knowledge as Soldiers and leaders. Judge advocates work proactively to accomplish the mission and serve Army personnel and their families. Commanders, supported by staff judge advocates (SJAs), are responsible for training and supporting JAG Corps personnel to ensure robust legal support to operations (in this manual, SJA also refers to the senior legal advisor to the commander of an Army Service Component Command (ASCC), known as the “Judge Advocate”). Training is conducted according to the Army’s training principles, including training for combat proficiency, under realistic conditions, to standard, and in accordance with appropriate doctrine. This training should include training that integrates JAG Corps elements with the units they support in various environments, settings, and exercises. Commanders conduct active, realistic training so that JAG Corps personnel develop the Soldier and lawyer skills needed to provide legal support to operations.
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Chapter 1 Judge Advocate General’s Corps This chapter discusses the judge advocate general (JAG) corps’ mission, roles, and principles, introduces core legal competencies and legal functions, and examines the role of legal service personnel. MISSION, VISION, AND PRINCIPLES 1-1. Legal support is a critical element of the Army’s success, and it enables the good order and discipline that is the hallmark of enduring institutions, great units, and successful operations A disciplined, fair environment is necessary for sustaining an Army culture centered on building trust between Soldiers who can then focus on accomplishing missions. This Army culture extends to families and military communities wheretrust and cohesion are essential to the long-term success of individuals, units, and institutions. 1-2. During operations, upholding the law of armed conflict, international agreements, and other JAG Corps’ Mission rules governing the use of military force is essential The JAG Corps’ mission is to provide principled to maintaining the trust of the nation and the counsel and premier legal services, as committed international community. Good order and members and caring leaders in the and Army discipline within units and in the application of professions, in support of a ready, globally responsive, and regionally engaged Army. The JAG combat power enable the consolidation of gains Corps supports a ready, globally responsive, and and contribute to the achievement of sustainable regionally engaged Army. policy outcomes. (See the Department of Defense JAG Corps’Vision Law of War Manual and FM 6-27 for more information on the law of armed conflict.) The vision of the JAG Corps is to remain the most highly trained, inclusive, and values-based team of 1-3. Judge advocate legal services (JALS) trusted Army legal professionals, that is ready, personnel follow four guiding principles in the regionally engaged, and globally responsive while delivery of legal services to the Army and in joint providing principled counsel, and premier legal operations. These principles are described in figure services in support of Army and joint force missions of all types and across all spectrums of competition 1-1 on page 1-2. and combat in a complex and legally dynamic world. The JAG Corps operates in an increasingly complex and legally dynamic world, both at home and abroad. The JAG Corps trains to operate against current and against emerging threats.
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Chapter 1 Figure 1-1. Four constants of the Army legal profession ROLE OF THE ARMY JUDGE ADVOCATE GENERAL’S CORPS 1-4. A role is the broad and enduring purpose for which the organization or branch was established (ADP1-01). Within the context of Army doctrine, an organization can only have one role. The JAG Corps’ role is to provide principled counsel and premier legal services to the Army across the range of military operations. This role is fulfilled through the delivery of legal support to all echelons by judge advocates, civilian attorneys, legal administrators, paralegals, and civilian paraprofessionals to support Army operations. These individuals are collectively known as JALS personnel, and they are responsible for providing legal services to the individual Soldier all the way to the Chief of Staff of the Army, across the competition continuum, and in any geographic location Soldiers deploy on behalf of thenation. 1-5. Acore competencyis an essential and enduring capability that a branch or an organization provides to Army operations (ADP 1-01). A functionis the broad, general, and enduring role for which an organization is designed, equipped, and trained (JP-1, Volume 1). The JAG Corps provides principled counsel and premier legal services to the Army through two core legal competencies: (cid:122) Legal support to the Army (cid:122) Legal support to Soldiers and Family members 1-6. The legal support to the Army competency includes all legal support provided to the Army as an institution, to include commanders and staffs of individual organizations. It features the following legal functions: administrative and civil law, contract and fiscal law, military justice, and national security law. Table 1-1illustratesmany of the major legal tasks subordinate to applicable legal functions.
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Judge Advocate General’s Corps 1-7. The legal support to soldiers and family memberscompetency encompasses all legal services provided to Soldiersand Family members. It includesthe legal functions of Soldier and Family legal services and trial defense service (TDS). Table 1-1. Core legal competencies, legal functions, and legal tasks Core Legal Competency Core Legal Competency Legal Support to the Army Legal Support to Soldiers and Family Members Legal Function:Administrative and Civil Law Legal Function:Soldier and Family Legal Legal tasks: Services (cid:120) Environmental law Legal tasks: (cid:120) Claims by Soldiers and Department of the (cid:120) General statutory, regulatory, and policy compliance Army Civilians (cid:120) Government ethics and standards of conduct (cid:120) Medical evaluation and disability law (cid:120) Investigations (cid:120) Soldier and Family legal assistance (cid:120) Labor law (cid:120) Special victims counsel program (cid:120) Army institutional claims (cid:120) Real property law (cid:120) Civil litigation support Legal Function:Contract and Fiscal Law Legal tasks: (cid:120) Fiscal law (cid:120) Contract law Legal Function:Military Justice Legal Function:Trial Defense Service Legal tasks: Legal tasks: (cid:120) Courts-martial (cid:120) Courts-martial (cid:120) Adverse administrative actions (cid:120) Adverse administrative actions (cid:120) Nonjudicial punishment (cid:120) Nonjudicial punishment Legal Function:National Security Law Legal tasks: (cid:120) U.S. domestic national security law (cid:120) Cyberspace law (cid:120) Intelligence law (cid:120) International law (cid:120) Operational law (cid:120) Security cooperation (cid:120) Joint and multinational operations (cid:120) Space operations ROLES OF JUDGE ADVOCATE GENERAL’S LEGAL SERVICES PERSONNEL 1-8. JALS personnel fulfill important legal roles. These roles include judge advocate, legal administrator, paralegal soldier, civilian attorney, and civilian paraprofessional. These roles are discussed in paragraphs 1-9 through 1-14. JUDGE ADVOCATE 1-9. No matter the level of command to which they are assigned, judge advocates have several roles. They can be counselors, advocates, and trusted advisors to commanders, staffs, individual Soldiers, and Family
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Chapter 1 members. They are commissioned officers, leaders, and managers who can practice law in each of the six legal functions. LEGAL ADMINISTRATOR 1-10. Legal administrators are Army warrant officers with specialized training and expertise in law office operations and management. They receive specialized training to support the staff judge advocate’s (SJA’s) management of a legal office. Their responsibilities are generally focused on resource management, personnel management, security management, force management, knowledge management, and systems integration. PARALEGAL SOLDIER 1-11. Paralegal Soldiers are paraprofessionalswho are both technical experts and professional Soldiers who provide legal support to commanders and legal services clients. In addition to receiving technical instruction, paralegal Soldiers receive training in leadership and Soldier skills at every level of the noncommissioned officer education system. CIVILIAN ATTORNEY 1-12. Civilian attorneys serve as leaders and subject matter experts,often providing valued continuity in the delivery of legal advice. Their professionalism, expertise, and knowledge of local policies and practices ensures uninterrupted legal support across the Army. CIVILIAN PARAPROFESSIONAL 1-13. Civilian paraprofessionals provide subject matter, technical, and administrative support to the Army’s legal offices. Paraprofessionals serve in a variety of positions including paralegal, court reporter, legal technician, legal assistant, claims technician, government information specialist, among others. 1-14. Unless otherwise specifically authorized bythe judge advocate general (TJAG), Army Regulation, or other DA Publication, only attorneys of the JALS and attorneys under the qualifying authority of the General Counsel of the Army, the Chief Counsel of the Army Corps of Engineers, of the Command Counsel of the Army Material Command may practice law.Thisincludes engaging in the practice of law on behalf of any Army command, unit, agency, office, element, or other Army entity;assignment against any authorization or requirement for an attorney; or providing legal instruction or training to or for any Army command, unit, agency, office, element, or other Army entity. (For more information on who may practice law, see AR 27-1. For a definition of “practice of law,”see the comment to rule 5.5in AR 27-26.)
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Chapter 2 Army Operations Overview This chapter summarizes Army operations and provides guidance on their legal support. It addresses the shift from limited contingency operations to large-scale combat operations, the importance of the multidomain operations, and joint operations. The chapter then discusses the Army operational concept, operational framework, and Army echelons and units. Finally, the chapter addresses the capabilities, combat power, and the operations process and planning that enable the Army to support joint operations. LARGE-SCALE COMBAT OPERATIONS 2-1. The Army’s primary mission is to organize, train, and equip its forces to conduct prompt and sustained land combat to defeat enemy ground forces and seize, occupy, and defend land areas. It supports four strategic roles for the joint force. Army forces shape operational environments, counter aggression on land during crisis, prevail during large-scale ground combat, and consolidate gains. The strategic roles clarify the overall purposes for which Army forces conduct multidomain operations on behalf of joint force commanders (known as JFCs) in pursuit of a stable security environment and other policy objectives that are favorable to the United States. The JAG Corps is manned, equipped, and trained to support a wide range of operational categories, including large-scale combat operations, limited contingency operations, crisis response, and support to security cooperation. JAG Corps personnel support Army operations during competition, crisis, and armed conflict. (See figure 2-1 for a depiction of the Army strategic context. See FM 3-0 for more information about the strategic contexts and operational categories.) Figure 2-1. Army strategic context and operational categories 2-2. JAG Corps personnel provide legal support during conventional and irregular warfare. Each of these methods of warfare involves different applications of lethal force, different rules of engagement, and different points of emphasis for Army forces. Legal support plays a key role in helping leaders and units navigate the legal challenges in any operational environment. (See FM 3-0 for more information about conventional and irregular warfare.)
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Chapter 2 CHALLENGES 2-3. While the overwhelming majority of operations conducted by Army forces occur either below the threshold of armed conflict or during limited contingencies, the focus of Army readiness is large-scale combat operations. Large-scale combat against peer threats poses the most demanding and dangerous challenges that Army forces must be prepared to overcome. 2-4. Peer threats employ robust surveillance and reconnaissance capabilities with global reach and long-range precision fires enabled by networks that make them adaptive and resilient against traditional attacks against attacks in one domain or against a single decisive point. These integrated fires complexes and integrated air defense systems enable peer threats to employ standoff approaches that contest the joint force in all five domains-land, maritime, air, space, and cyberspace. 2-5. Peer threats combine their standoff approaches with other advantages that increase risk to the joint force. Peer threats will likely begin conflicts with the initiative because it is their aggression that will require the joint force to respond. Peer threats will likely possess significant numerical and firepower advantages. They will operate on shorter lines of communications than U.S. forces, and they will have better understanding of the terrain and populations in the region. 2-6. Defeating threat standoff approaches during armed conflict requires Army forces to take advantage of the The challenge for Army forces will be to mutually supporting relationships between capabilities from fight and win while outnumbered and all domains during joint operations. Army forces achieve isolated. objectives on land to enable joint force and require joint force capabilities to enable Army operations on land to defeat enemy integrated air defense systems and integrated fires complexes. 2-7. Overall, enemy actions will attempt to fix U.S. forces, isolate them, and then target them for destruction. Enemy forces may employ tactical nuclear weapons, and they may contaminate environments with other chemical, biological, radiological, and nuclear effects. Army forces must be able to build combat power and conduct operations while at risk to enemy fires and maneuver forces. Enemy standoff approaches challenge Army forces’ ability to preserve combat power and extend operational reach necessary to accomplish their mission. This requires Army forces to operate dispersed, defeat enemy sensors and fires systems, employ cover, concealment, and camouflage, and mask electromagnetic signatures while sustaining tempo and expanding the depth of operations. 2-8. Peer threats will continue to employ information warfare to erode U.S. and allied will to pursue policy objectives. During competition they will exploit alliances and international laws through aggressive and malign behavior that tests the limits that would cause the U.S. to employ the joint force in armed conflict. Peer threats will create uncertain conditions intended to escalate lethality in a way that they can twist into disinformation. During armed conflict, they will exploit U.S. adherence to the law of war and rules of engagement in ways that disadvantage Army forces in tactical situations. In all of these cases, Army forces must maintain discipline and understand that their conduct during operations is critical to the long-term success of the Army and the national interests it supports. MULTIDOMAIN OPERATIONS 2-9. The Army’s operational concept is multidomain operations. Multidomain operationsare the combined arms employment of joint and Army capabilities to create and exploit relative advantages to achieve objectives, defeat enemy forces, and consolidate gains on behalf of joint force commanders (FM 3-0). 2-10. Multidomain operations are how Army forces enable and operate as part of the joint force against threats able to contest it in all domains. Army forces,enabled by joint capabilities, attack enemy forces and protect friendly forces through all domains. Army forces provide the resilient land power necessary to defeat threat standoff approaches and achieve joint force objectives. The synchronized employment of joint and Army capabilities integrated across echelons in a combined arms approach is essential to defeating threats able to contest friendly forces in all domains. Leaders assess what capabilities are required and account for all available capabilities at the beginning of planning to create complementary and reinforcing physical, information, and human effects throughout the depth of their assigned area of operations. JAG Corps
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Army Operations Overview personnel serve at nearly every echelon and must integrate early and proactively during the planning and execution of their organization’s mission to provide effective legal support and ensure compliance with the law. (See FM 3-0 for more information on multidomain operations.) OPERATIONAL ENVIRONMENTS 2-11. The operational environment is the aggregate of the conditions, circumstances, and influences that affect the employment of capabilities and bear on the decisions of the commander (JP 3-0). An operational environment (known as an OE) includes portions of the land, maritime, air, space, and cyberspace domains; understood through three dimensions (human, physical, and information). (See figure 2-2for a depiction of the domains and dimensions of an operational environment.) Figure 2-2. Domains and dimensions of an operational environment 2-12. Commanders must understand the domains, and the capabilities of friendly and enemy forces in each, to identify create and exploit relative advantages during operations. Judge advocates and paralegals must also understand the domainsand associated capabilities to operate in each and effectively advise the command on the application of law and policy. Understanding an operational environment is inherently complex. Operations in the land domain leverage the capabilities in the other domains and dimensions to expand opportunities over time and allow Army forces to defeat evenly matched peer threats. Judge advocates and paralegals who understand law and policy play a critical role in helping the commander visualize advantages and disadvantages in the information and human dimensions. TENETS AND IMPERATIVES 2-13. The tenets of operations are summarized below. (See FM 3-0 for more information about the tenets and imperatives.) 2-14. The tenets of operations are desirable attributes that should be built into all plans and operations, and they are directly related to how the Army’s operational concept should be employed. Commanders use the tenets of operations to inform and assess courses of action throughout the operations process. The degree to which anoperation exhibits the tenets provides insight into the probability for success. Judge advocates and paralegals play a key role in imbuing the tenets into operations. The tenets of operations are—
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Chapter 2 (cid:122) Agility. (cid:122) Convergence. (cid:122) Endurance. (cid:122) Depth. AGILITY 2-15. In operational environments characterized by friction, uncertainty, violence, and change, the ability to act faster than the enemy is critical for success. Agility is the ability to move forces and adjust their dispositions and activities more rapidly than the enemy(FM 3-0). While initiative implies a bias for action, agility enables the action to occur before enemy forces can effectively react. Moving forces on the battlefield and conducting transitions requires commanders to assume risk. JAG Corps personnel help assess risk and provide legal options to protect the mission and the force. CONVERGENCE 2-16. Peer threats employing adaptable, durable capabilities and formations make it unlikely that they can be defeated in a single, decisive effort. Success requires Army forces to sustain attacks against multiple decisive points across multiple domains and dimensions over time to create windows of opportunity. Convergenceis an outcome created by the concerted employment of capabilities from multiple domains and echelons against combinations of decisive points in any domain to create effects against a system, formation, decision maker, or in a specific geographic area (FM3-0). Convergence is a top-down driven outcome from the senior Army tactical echelon, informed by an understanding of the larger land tactical situation and influenced by access to multination, joint, and Army capabilities. 2-17. Achieving convergence requires an understanding of the enemy and friendly situations and other factors in the operational environment. JAG Corps personnel identify critical legal factors in the information and human dimensions that contribute to the set of decisive points necessary for achieving the overall objectives of convergence. ENDURANCE 2-18. Endurance is the ability to persevere over time throughout the depth of an operational environment (FM3-0). Endurance enhances the ability to project combat power and extends operational reach. Endurance is about resilience and preserving combat power while continuing operations for as long as is necessary to achieve the desired outcome. During competition, Army forces improve endurance by setting the theater across all warfighting functions and improving interoperability with allies and other unified action partners. 2-19. Violations of the law of armed conflict and rules of engagement have the potential to erode international support, erode national will to fight, and violate the trust of host nation populations. Legal support to operations helps maintain the trust, will, and support required to sustain operations long enough to fulfill mission requirements and sustain lasting policy objectives. DEPTH 2-20. Depthis the extension of operations in time, space, or purpose to achieve definitive results (ADP3-0). While the focus of endurance is on friendly combat power, the focus of depth is on enemy locations and dispositions across all domains. Commanders achieve depth by understanding the strengths and vulnerabilities of the enemyforces’ echeloned capabilities, then attacking them throughout their dispositions in simultaneous and sequential fashion. Although simultaneous attacks through all domains in depth are not possible in every situation, leaders seek to expand their advantages and limit enemy opportunities for sanctuary and regeneration. Leaders describe the depth they can achieve in terms of operational reach. 2-21. Depth does not just apply to geography and physical factors. Legal support contributes to achieving depth in the information and human dimensions. Good order and discipline and concerted efforts to uphold the law of war and rules of engagement strengthen trust within an alliance and deny threat opportunities to disrupt the cohesion of alliances, even when attempting to accomplish difficult missions in complex environments.
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Army Operations Overview OPERATIONAL APPROACH AND OPERATIONAL FRAMEWORK 2-22. Through operational art, commanders develop their operational approach—a broad description of the mission, operational concepts, tasks, and actions required to accomplish the mission (JP 5-0). An operational approach is the result of the commander’s visualization of what needs to be done in broad terms to solve identified problems. It is the main idea that informs detailed planning. When describing an operational approach, commanders— (cid:122) Consider ways to defeat enemy forces in detail and potential decisive points. (cid:122) Employ combinations of defeat mechanisms to isolate and defeat enemy forces, functions, and capabilities. (cid:122) Assess options for assuming risk. (See ADP 3-0 for more information on operational art. See ADP 5-0 for more information on planning). 2-23. The operational framework is a cognitive tool used to assist commanders and staffs in clearly visualizing and describing the application of combat power in time, space, purpose, and resources in the concept of operations (ADP 1-01). Commanders build their operational framework on their assessment of the operational environment, including all domains and dimensions. They may create new models to fit the circumstances, but they generally apply a combination of common models according to doctrine. The three models commonly used to build an operational framework are— (cid:122) Assigned areas. (cid:122) Deep, close, and rear operations. (cid:122) Main effort, supporting effort, and reserve. (See FM 3-0 for more information on the operational framework.) Note. Commanders may use any operational framework models they find useful, but they must remain synchronized with their higher echelon headquarters’ operational framework. DEEP,CLOSE,ANDREAR OPERATIONS 2-24. Within assigned areas, commanders organize their operations in terms of time, space, and purpose by synchronizing close, deep, and rear operations. The focus of operations in time, space, and purpose—not necessarily their physical location—determines whether they are deep, close, or rear operations. This model assists commanders and staffs in synchronizing capabilities that reside outside of their unit’s assigned area, from the air, space, and cyberspace domains, for example, with operations inside their assigned areas. The degree of convergence that a corps can achieve to set conditions for its subordinate divisions depends on its ability to synchronize close, deep, and rear operations among its subordinate echelons and with the joint force (See FM 3-0 for more information on dividing an area of operations. See figure 2-3 on page 2-7 for an example of notional corps deep, close, and rear areas.) Deep Operations 2-25. Deep operationsare tactical actions against enemy forces, typically out of direct contact with friendly forces, intended to shape future close operations and protect rear operations (FM 3-0). At the operational level, deep operations influence the timing, location, and enemy forces involved in future battles. At the tactical level, deep operations set conditions for success during close operations and subsequent engagements. At both the operational and tactical levels, the principal effects of deep operations focus on the enemy forces’ freedom of action and the coherence and tempo of their operations. Deep operations strike enemy forces throughout their depth and prevent the effective employment of reserves, command and control nodes, logistics, and long-range fires. Deep operations are inherently joint, since many of the capabilities employed by or in support of Army formations are provided by a joint headquarters or Service component. (See FM 3-0 for more information on deep operations.)
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Chapter 2 Close Operations 2-26. Close operations are tactical actions of subordinate maneuver forces and the forces providing immediate support to them, whose purpose is to employ maneuver and fires to close with and destroy enemy forces (FM 3-0). At the operational level, close operations comprise the efforts of large tactical units—corps and divisions, and sometimes theater armies—to win current battles by defeating enemy forces after setting favorable terms to do so. At the tactical level, close operations comprise the efforts of smaller tactical units to win current engagements through movement combined with direct and indirect fires while physically in contact with the enemy forces they intend to destroy and defeat. (See FM 3-0 for more information on close operations.) Rear Operations 2-27. Rear operations are tactical actions behind major subordinate maneuver forces that facilitate movement, extend operational reach, and maintain desired tempo (FM 3-0). This includes continuity of sustainment and command and control. Rear operations support close and deepoperations. At the operational level, rear operations sustain current operations and prepare for the next phase of the campaign or major operation. These operations are numerous, complex, and continuous. At the tactical level, rear operations enable the desired tempo of combat, assuring that friendly forces have the agility to exploit any opportunity. Rear operations typically include five broad activities: positioning and moving reserves; positioning and repositioning aviation, fire support, and air and missile defense units; conducting support area operations; securing sustainment and command and control nodes; and controlling tactical unit movement between the division or corps rear boundary and units conducting close operations. All these activities compete for limited terrain and lines of communications. (See FM 3-0 for more information on rear operations.) Support Area Operations 2-28. Support area operations are a critical part of rear operations. Support area operations are tactical actions securing lines of communications, bases, and base clusters that enable an echelon’s sustainment and command and control (FM 3-0).
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Army Operations Overview Figure 2-3. Notional corps deep, close, and rear areas MULTINATIONAL AND JOINT OPERATIONS 2-29. The United States Army routinely conducts multinational operations. Multinational operations are conducted by two or more nations, usually in the form of a coalition or alliance. The JAG Corps, as part of the Army, operates with allies and partners. To the extent possible, the JAG Corps strives toward legal interoperability by fielding compatible systems, common procedures, and contingency plans that are compatible with allies and foreign partners even when the United States is operating alone, thereby preserving one process and one system. This reduces incompatibility or “relearning” once operations transfer from U.S. unilateral operations to multinational operations. The JAG Corps also strives to achieve understanding of the ways in which allies and partners interpret the law of armed conflict. (See FM 3-16 for more on multinational operations.)
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Chapter 2 2-30. To best compete with peer or near-peer adversaries, the Army’s policy is to develop interoperability to enhance readiness in support of U.S. national defense and strategic goals, including operating effectively with allies and foreign partners across the full range of military operations. Interoperability is the ability to act together coherently, effectively, and efficiently to achieve tactical, operational, and strategic objectives (JP 3-0). Interoperability is achieved through international military standardization, other Army security cooperation programs and activities, and Army participation in joint, interorganizational and multinational programs and activities. Interoperability activities are any initiative, forum, agreement, or operation that improves the Army’s ability to operate effectively and efficiently as a component of the joint force, within an interorganizational environment, and as a member or leader of an alliance or coalition across the range of military operations. 2-31. JAG Corps personnel work to achieve interoperability whenever possible. Interoperability is routinely considered and supported as Army planning, programming, and budgeting, and execution (known as PPBE); force design; force structure; doctrine and policy; training; weapon systems and material requirements; research; development and acquisitions; information and data processes for assessment, monitoring, and evaluation; material management; and logistics support. JAG Corps personnel simultaneously address human, technical, and procedural aspects across all warfighting functions as they shape capabilities for interoperability. JAG Corps personnel understand the legal and policy constraints and caveats of allies and partners during multinational operations. (See AR 34-1 for more information on interoperability.) 2-32. Joint operations are military actions conducted by joint forces, which include the Army, Navy, Marine Corps, Air Force, Space Force, and in some instances, the Coast Guard. Those service forces are employed in specific command relationships with each other to integrate joint capabilities. JAG Corps personnel work in joint headquarters at multiple echelons, and they understand the capabilities, processes, and procedures of the other Services and develop relationships with other Service personnel to effectively deliver legal support to the joint force. JOINT FORCE STRUCTURE ANDSUPPORT 2-33. In accordance with U.S. law and DOD regulations, the Secretary of Defense manages the employment of forces among combatant commands (CCMDs) based on policy, requests, requirements, and assessments in a process called global force management. The Secretary of Defense directs the Secretary of each Military Department to assign or allocate forces to CCMDs. Each military Service is led by a civilian secretary who, along with the Service Chief, is primarily responsible for organizing, training, equipping, and managing forces for assignment and allocation to the CCMDs. The assignment and allocation establish the command relationship and authority between the command and unit. (See JP 3-35 for more information on joint deployment. See FM 3-94 for more information on theater army, corps, and division operations.) 2-34. Combatant commanders (known as CCDRs) command forcesto confront emerging or current threats in their designated areas of responsibility. Units assigned or allocated to the CCMDs are then assigned to a joint force commander in the area of responsibility and normally task organized into subordinate task forces to execute large scale or other combat operations. Additionally, CCMDs are supported by each of the Military Services through a component command which is permanently aligned to the CCMD. This headquarters exercises varying degrees of authority over its Service’s assigned units. It can fill various command roles, such as joint force commander or land component commander. United States Army Central Command and United States Army South are examples of Army Service component commands (ASCCs) permanently supporting CCMDs (See JP 3-0 and FM 3-94 for more information on combatant commanders. See figure 2-3on page 2-7for a depiction of notional corps deep, close, and rear areas.) 2-35. The Secretary of the Army and Chief of Staff of the Army execute their responsibilities to organize, train, equip, and manage Army forces for assignment to the CCMDs through United States Army Training and Doctrine Command and United States Army Forces Command. The Judge Advocate General of the Army and SJAs ensure that JAG Corps personnel have the requisite individual legal, joint, and tactical training to support military operations.
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Army Operations Overview ARMY COMPONENTS 2-36. By law, the Army is structured with one Regular Army and two Reserve Components: the Army Reserve; and the Army National Guard. The Regular Army consists of professional Soldiers in units of all types necessary for prompt employment of land power. The Army National Guard is comprised of citizen Soldiers. It performs both a state military mission under Title 32, United States Code, which may include training for federal missions, and an operational reserve mission for the Regular Army under Title 10, United States Code. The unit structure and equipment in the Army National Guard is identical to that used in the Regular Army. The Army Reserve is also comprised of citizenSoldiers, but it performs only a federal military mission under Title 10, United States Code, as individuals or units. The Army Reserve provides individual augmentees for headquarters and units, half of the Army’s sustaining units, and one-fourth of the Army’s mobilization base expansion capability. (See ADP 1 for more information on Army components.) 2-37. The Army JAG Corps relies heavily on the Reserve and National Guard Components to provide legal services to the Army. JAG Corps elements and personnel in theArmy Reserve and Army National Guard are vital to the JAG Corps’ ability to support rear-detachment operations, mobilization of Guard and Reserve units, forward deployment of units to a theater of operations, and direct support to large-scale combat operations. Army doctrine, as well as JAG Corps doctrine, applies to all components. (See Chapter 3, Appendix A, and Appendix B for further discussion of the structure and support of the JAG Corps Army Reserve and Army National Guard Components.) ARMY ECHELONS ANDUNITS 2-38. As discussed earlier in the chapter, the Army provides the CCMDs a mix of headquarters, units, and capabilities. These elements and capabilities conduct joint operations as part of the theater campaign plan (See FM 3-0 for more information on Army contributions to CCMDs.) 2-39. Army headquarters and commanders may serve in various roles in the joint force. Many Army commanders hold multiple roles simultaneously, such as land forces component commander, Army service component commander, senior Army Forces (known as ARFOR) commander, and joint forces commander. All joint task forces that include Army forces have an ARFOR, the Army component and senior Army headquarters of all forces assigned or attached to a combatant command, subordinate joint force, joint functional command, or multinational command (FM 3-94). The designated roles of the Army commander are significant for JALS personnel because roles determine the commander’s legal authorities and responsibilities within the joint force. JALS personnel must also pay close attention to the relationships and responsibilities assigned to supported commands because they dictate the extent of legal support required to adjacent and attached units. (See FM 3-94 for more information theater army, corps, and division operations.) THEATER OF FIELD ARMY 2-40. The senior Army headquarters in the CCMD’s area of responsibility is the theater army. This echelon is comprised of the commander, staff, and all Army forces assigned to the CCMD. It is responsible for the command of forces and direction of operations (operational responsibility) and equipping, sustaining, training, discipline, and personnel matters (administrative responsibilities) of assigned Army units. The composition of the theater army will vary based on the needs of CCMD. A field army headquarters is the Army component assigned to a subordinate unified command. The field army headquarters is staffed and equipped to perform three functions: Army component and ARFOR for a subordinate unified commander, joint force land component headquarters (with augmentation) for large-scale combat operations, or joint task force headquarters (with augmentation) for crisis response and limited contingency operations. Eighth Army, for example, is a field army currently assigned to United States Forces Korea, a subordinate unified command under United States Indo-Pacific Command. (See FM 3-94 for more information on armies.) CORPS 2-41. The corps is the most versatile echelon above brigade due to its ability to operate at both the tactical and operational levels. While it is organized, staffed, trained, and equipped to fight as a tactical formation, the corps may be called upon to become a joint and multinational headquarters for conducting operations. When operating as the senior Army headquarters under a joint task force (known as JTF), the corps will serve
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Chapter 2 as the ARFOR. The corps can also serve as the coalition forces land component commander (known as CFLCC) when properly augmented with joint and multinational personnel. If the corps is uncommitted to specific combatant commander requirements, it focuses on building and sustaining readiness to prevail in large-scale combat operations. (See FM 3-94 for more information on corps operations.) DIVISION 2-42. The division is the Army’s principal tactical warfighting formation during large-scale combat operations. Its primary role is to serve as a tactical headquarters commanding brigades. A division conducts operations in an area of operations assigned by its higher headquarters—normally a corps. Winning battles and engagements remains the division’s primary purpose. The roles of the division include acting as a tactical headquarters; or, with significant augmentation, an ARFOR headquarters, coalition forces land component command, or joint task force headquarters. (See FM 3-94 for more information on division operations.) BRIGADE COMBAT TEAMS 2-43. Abrigadecombatteam(BCT)is the Army’s primary combined arms, close-combat maneuver force. BCTs maneuver against, close with, and destroy enemy forces. BCTs seize and retain key terrain, exert constant pressure, and break the enemy’s will to fight. They are the principal ground maneuver units of a division or a JTF. 2-44. Divisions seek to employ BCTs in mutually supporting ways to the greatest extent possible. However, BCTs must be capable of fighting isolated from higher echelon headquarters and adjacent units during periods of degraded communication and when operations are widely distributed. (See FM 3-96 for more information on brigade combat teams.) MULTIFUNCTIONAL AND FUNCTIONAL BRIGADES 2-45. Theater armies, corps, and divisions are task-organized with an assortment of multifunctional and functional brigades to support their operations. These brigades add capabilities such as intelligence, attack and reconnaissance aviation, fires, protection, contracting support, or sustainment. 2-46. Multifunctional brigades provide a variety of functions to support operations and are normally attached toa corps or division, but they may be under a joint or multinational headquarters. Multifunctional brigades include combat aviation brigades, expeditionary combat aviation brigades, field artillery brigades, sustainment brigades, and maneuver enhancement brigades. (See FM 3-81, FM 3-04, ATP 4-93, and ATP 3 09.24 for more information on multifunctional brigades.) 2-47. Examples of functional brigades include security forces assistance, air defense artillery, civil affairs, expeditionary military intelligence, and engineer brigades. (See FM 3-34, FM 3-39, FM 3-57, ATP 3-96.1, ATP 2-19.1-1, ATP 2-19.1-2, ATP 2-19.3, and ATP 3-01.7 for more information on functional brigades.) COMMAND AND SUPPORT RELATIONSHIPS 2-48. Command relationships define superior and subordinate relationships between commanders. They identify the degree of control of the gaining Army commander, and the type of relationship often relates to the expected longevity of relationship between the headquarters involved and identifies the degree of support thegaining and losing commander provide. These relationships consist of the following: (cid:122) Organic includes those forces that are assigned to and forming an essential part of a military organization as listed in the table of organization for the service. This relationship is established through organizational documents. Temporary task-organized units return to the control of the organic headquarters at the completion of the mission. (cid:122) Assigned is the placement of units or personnel in an organization where such placement is relatively permanent. The headquarters controls and administers the units or personnel for the primary function. (cid:122) Attachis the placement of units or personnel in an organization where such placement is relatively temporary (JP 3-0).
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Army Operations Overview (cid:122) Operational control is the authority to perform functions of command over subordinate forces involving organizing and employing commands and forces, assigning tasks, designating objectives, and giving authoritative direction necessary to accomplish the mission (JP1,Volume1). (cid:122) Tactical controlis the authority over forces that is limited to the detailed direction and control of movements and maneuvers within the operational area necessary to accomplish mission or tasks assigned (JP 1, Volume 2). (See table 2-1 for a listing of Army command relationships.) Table 2-1. Army command relationships 2-49. The Army specifies four different support relationships. These relationships consist of the following: (cid:122) Direct support is a support relationship requiring a force to support another specific force and authorizing it to answer directly to the supported force’s request for assistance (FM 3-0). The unit assigned direct support retains its command relationship with its parent unit, but it is positioned by and has priorities of support established by the supported unit.
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Chapter2 (cid:122) General support is support given to the supported force as a whole and not to any particular subdivision thereof (JP 3-09.3). Units assigned a general support relationship are positioned and have priorities established by the parent unit. (cid:122) Reinforcingis a support relationship requiring a force to support another supporting unit (FM 3-0). Only like units can be given a reinforcing mission. The reinforcing unit retains its command relationship with its parent unit but is positioned by the reinforced unit. (cid:122) General support-reinforcingis a support relationship assigned to a unit to support the force as a whole and to reinforce another similar type of unit (FM 3-0). A unit assigned a general support- reinforcing support relationship is positioned and has priorities established primarily by its parent unit and secondarily by the reinforced unit. (See table 2-2 for listing of Army support relationships.) Table 2-2. Army support relationships 2-50. Administrative controlis the direction or exercise of authority over subordinate or other organizations in respect to administration and support. (JP 1, Volume 2). Administrative control (ADCON) is not a command or support relationship; it is a Service authority. It is exercised under the authority of and delegated by the Secretary of the Army, and it is synonymous with Army’s Title 10, United States Code, authorities. Commanders of ASCCs exercise ADCON over Army units assigned or attached to the combatant commander and operating in the theater of operations. Although ADCON generally includes jurisdiction to exercise military justice, practitioners should always consult their local AR 27-10 supplement to verify legal authority. GENERATING COMBAT POWER 2-51. Large-scale combat operations require the continuous generation and application of combat power for extended periods. A warfighting functionis a group of tasks and systems united by a common purpose that commanders use to accomplish missions and training objectives (ADP 3-0). The warfighting functions are— (cid:122) Command and control. (cid:122) Movement and maneuver.
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Army Operations Overview (cid:122) Intelligence. (cid:122) Fires. (cid:122) Sustainment. (cid:122) Protection. 2-52. The purpose of warfighting functions is to provide an intellectual organization for common critical capabilities available to commanders and staffs at all echelons and levels of war. Warfighting functions are not confined to single domain, and they typically include capabilities from multiple domains. Warfighting functions are not branch specific. Although some branches, staff sections, and types of units have a role or purpose that mainly aligns with a warfighting function, each warfighting function is relevant to all types of units. (See FM 3-0 for more information on the warfighting functions.) 2-53. Synchronizing the warfighting functions generates combat power. Combat poweris the total means of destructive and disruptive force that a military unit/formation can apply against an enemy at a given time (JP 3-0). It is the ability to fight. The complementary and reinforcing effects that result from synchronized operations yield a powerful blow that overwhelms enemy forces and creates friendly momentum. Army forces deliver that blow through a combination of five dynamics. The dynamics of combat power are— (cid:122) Leadership. (cid:122) Firepower. (cid:122) Information. (cid:122) Mobility. (cid:122) Survivability. (See figure 2-4 for a depiction of the dynamics of combat power.) Figure 2-4. The dynamics of combat power 2-54. Legal support is generally part of the sustainment function, however, the advice given by JALs personnel to commanders also supports the generation of leadership and information dynamics of combat power. Sound legal advice is essential to decision-making. Army forces who are trained and educated in the
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Chapter 2 law of armed conflict and rules of engagement also make better decisions and are more effective at achieving their objectives. THE OPERATIONS PROCESS 2-55. The Army’s framework for exercising the warfighting function of command and control is the operations process: the major command and control activities performed during operations: planning, preparing, executing, and continuously assessing the operation (ADP 5-0). Commanders, supported by their staffs, use the operations process to drive conceptual and detailed planning necessary to understand, visualize, and describe the operational environment, make and articulate decisions, and direct, lead, and assess operations. Through the operations process, the commander integrates all warfighting functions across all domains and synchronizes the force to accomplish the mission. (See figure 2-5 for a depiction of the operations process.) Figure 2-5. The operations process 2-56. The Army has five planning methodologies. They are Army problem solving, Army design methodology, the military decision-making process (MDMP), troop leading procedures (known as TLP), and the rapid decision-making and synchronization process (known as RDSP). 2-57. Army problem solving is a methodology available for leaders to use to identify and solve a variety of problems both in garrison and in operations. Army problem solving is an analytical approach to defining a problem, developing possible solutionsto solve the problem, arriving at the best solution, developing a plan, and implementing that plan to solve the problem. 2-58. Army design methodologyis a methodology for applying critical and creative thinking to understand, visualize, and describe problems and approaches to solving them. (ADP 5-0). This methodology is used by commanders and staff and must be integrated with detailed planning to produce executable plans. 2-59. The military decision-making processis an iterative planning methodology to understand the situation and mission, develop a course of action, and produce an operation plan or order. (ADP 5-0). Commanders initiate the process upon receipt of or in anticipation of a mission. (See figure 2-6 for a depiction of the MDMP.)
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Army Operations Overview Figure 2-6. Steps of the military decision-making process
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Chapter 2 Note.The wargame is one of multiple ways to do COA analysis. 2-60. Troop leading procedures is a dynamic process used by small-unit leaders to analyze a mission, develop a plan, and prepare for an operation. (ADP 5-0). Troop leading procedures are designed to enable commanders and leaders to plan when they do not have formal staffs, typically at the company, troop, battery and lower echelons. There are eight troop leading procedures steps: (1) receive the mission; (2) issue a warning order; (3) make a tentative plan; (4) initiate movement; (5) conduct reconnaissance; (6) complete the plan; (7) issue the order; and (8) supervise and refine the plan. 2-61. The rapid decision-making and synchronization process is a decision-making and planning technique that commanders and staffs commonly use during execution when planning time is limited. While the MDMP seeks an optimal solution, the rapid decision-making and synchronization process seeks a timely and effective solution within the commander’s intent. Under the rapid decision-making and synchronization process, leaders combine their experiences and intuition to quickly understand the situation and develop a course of action. The rapid decision-making and synchronization process is based on an existing order and the commander’s priorities as expressed in the order. (See FM 5-0 for more information on the five Army planning methodologies.) 2-62. JAG Corps personnel must be integrated into staff and operations process during all phases of the operations process. JAG Corps personnel must participate in every step, to the extent possible, of military planning to identify potential legal issues early. (See Chapter 3 for further discussion on JAG Corps staff integration and involvement in the planning process.) 2-63. As part of the operations process, commanders and staffs execute command post operations to effectively plan, prepare, execute, and assess operations. A command post (CP) is a unit headquarters where commanders and staff members perform specific functions, such as controlling and assessing operations; developing and disseminating orders; coordinating with higher, lower, and adjacent units; maintaining the common operational picture; and supporting the commander’s decision-making process. The main CP is a facility containing most of the staff. It is designed to control current operations, conduct detailed analysis, and plan future operations. The tactical CP is a facility containing a tailored portion of a unit headquarters designed to control portions of an operation for a limited time. The tactical CP is fully mobile and includes only essential Soldiers and equipment. (See FM 6-0 for more information on CP operations.) 2-64. CP operations include warfighting function-aligned cells (intelligence, movement and maneuver, fires, sustainment, and protection), integrating cells (plans, future operations, and current operations), command and control center, and battle rhythm events. A battle rhythm is a deliberate daily cycle of command, staff, and unit activitiesintended to synchronize current and future operations. Events occurring in a unit’s battle rhythm include shift change briefings; operations synchronization meetings; operations update and assessment briefings; planning meetings and briefings; and working groups and boards. The cells, working groups, boards, and synchronization meetings are designed to further collaboration among the warfighting functions, solve problems, coordinate action, and aid or make decisions. (See FM 6-0 for more information concerning command post operations See figure 2-7 for a depiction of planning in CPs.)
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Army Operations Overview Figure 2-7. Integration of plans, future operations, and current operations TARGETING 2-65. Targetingis the process of selecting and prioritizing targets and matching the appropriate response to them,considering operational requirements and capabilities (JP 3-0). During combat operations, JAG Corps personnel aredirectly involved in the targeting process, to include targeting battle rhythm events. The purpose of targeting is to integrate and synchronize fires and effects into operations. Targeting begins in planning, and itis an iterative process that continues throughout the operations process. The Army targeting process is guided by the methodology of decide, detect, deliver, and assess (known as D3A). The decide, detect, deliver, and assess methodology organizes the efforts of the commander and staff to accomplish key targeting requirements and facilitates the engagement of the right target with the right asset at the right time. The process provides a holistic means to— (cid:122) Decide: determine which targets require engagement to support the overall operations. (cid:122) Detect: collect information on the target using assets and resources to develop, vet, and validate the decision to engage. (cid:122) Deliver: engage the target after tactical and technical decisions. (cid:122) Assess: continuously compare the operational environment and progress of operations to the initial vision and intent and adjust to ensure objectives are met and military end state is achieved. (See figure 2-8on page 2-18for a depiction of targeting methodology.SeeFM3-60for more information on targeting.)
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Chapter 2 Figure 2-8. Targeting methodology 2-66. The targeting process allows commandersand staffsto prioritize targets and allocate limited resources against targets to achieve effects. Units execute the targeting process through the targeting working group and targeting board. The targeting working group meetings focus on assessing ongoing targets, ensuring fire and air support requests with target nominations are processed through higher headquarters, and nominating targets to support operations. This group meets regularly based on unit battle rhythm and higher echelon headquarters targeting cycle. The targeting working group’s products, which integrate and synchronize fires into operations, are briefed to the targeting decision board. The targeting decision board makes decisions on what targets to recommend to the commander for approval. This methodical process is commonly referred to as deliberate targeting. 2-67. When the unit seeks to prosecute a target identified too late, or not selected for action in time to be included in deliberate targeting, the staff will execute dynamic targeting. Dynamic targeting is primarily designed to attack time sensitive targets (known as TSTs) and high-payoff targets (known as HPTs), and it is facilitated at the joint level by the find, fix, track, target, engage, and assess method. (See FM 3-60 for more information on dynamic targeting.) 2-68. When targeting, units consider collateral damage estimation (CDE). Regardless of the type of targeting—deliberate or dynamic—the law of armed conflict and rules of engagement (ROE) apply any time a commander authorizes the use of force against a target. The CDE methodology is a tool that assists commanders with compliance with the law of armed conflict, ROE, and policy objectives. The CDE evaluates potential collateral effects of prosecuting targets based on engagement variables. During targeting, staffs have the responsibility to mitigate the unintended and incidental risk of damage or injury to the civilian population and noncombatants, friendly military personnel, civilian property, targets that are on the no-strike
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Army Operations Overview or restricted target list, civilian objects, and anything that would have adverse effects on military operations or violate law or policy. If feasible, a judge advocate should remain co-located with the joint air-ground integration center (known as JAGIC), joint targeting and execution cell (known as JTEC) or multidomain attack joint integration cell (known as MAJIC) to provide on-the-spot legal advice for targeting. This responsibility exists independent of the CDE, which may be abbreviated or done hastily during dynamic targeting. (See CJCSI3160.01D, CJCSI 3162.02A, JP 3-60, and JP 3-09for additionalinformation on joint targeting and CDE.) 2-69. During large-scale combat operations, specifically during the decisive phase of operations, the targeting process will often focus on lethal attacks targeting usinga rapid and efficient process to keep pace with the tempo of combat operations. During such operations, on-scene commanders directly employing dynamic fires have the responsibility to ensure compliance with the law of armed conflict and ROE, making pre-combat training on these matters critically important. Once combat operations transition to stability operations, the targeting process will begin to focus on the allocation of resources to nonlethal means of effecting targets.
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Chapter 3 Judge Advocate General’s Corps Support to Operations This chapter describes where JAG Corps personnel are assigned when supporting Army operations. It also discusses the roles and responsibilities of JALS personnel, outlines the primary missions of the legal sections, and identifies resources necessary to provide legal support at various echelons. ROLES, RESPONSIBILITIES, AND WORKING RELATIONSHIPS 3-1. Chapter 2 of this field manual outlines the Army’s operational concept. While the Army adjusted the way it trains and prepares, focusing on large-scale combat operations, its mission has not changed, nor has the JAG Corps’ mission. To accomplish this mission, judge advocates, legal administrators, paralegal Soldiers, civilian attorneys, and paraprofessionals work together proactively, professionally, and fully integrated with their respective staffs. To this end, JALS personnel at every level of command forge and maintain strong working relationships with each other. 3-2. Army regulations require JALS personnel to comply with military and civilian codes of professional responsibility and ethics that govern licensure and the practice of law. Judge advocates and civilian attorneys are prohibited from providing legal support in any way that violates an applicable rule of legal ethics. Judge advocates may not, for example, engage in conflicts of interest. These conflicts may arise when a uniformed or civilian attorney who represents the Army is asked to give legal advice to Soldiers or other individuals. In cases of ethical conflict, an additional judge advocate or DOD civilian attorney is consulted. This and other rules of professional responsibility govern both attorneys and the legal administrators and paralegals who assist them. Judge advocates are subject to professional discipline from their bar licensing organizations for violations of any applicable rule, on the part of the judge advocate or the paralegalsor legal administrators they supervise, even in an area of operations. Judge advocates identify and explain to their commanders any issues of legal ethics that may affect operations. JALS personnel also inform and consult their technical supervisory chain regarding any matters of professional legal ethics.(See AR 27-26 for more information on the rules of professional conduct for lawyers.) DUTIES AND RESPONSIBILITIES OF THE OFFICE OF THE STAFF JUDGE ADVOCATE PERSONNEL 3-3. OSJApersonnel have specific tasks and responsibilities. The personnel consist of the SJA, the deputy staff judge advocate (DSJA), division chiefs, subordinate judge advocates, the legal administrator, command or chief paralegal noncommissioned officer (NCO), paralegal NCOs, paralegal Soldiers, a senior civilian, civilian attorney, and civilian paraprofessionals. THE OFFICE OF THE STAFF JUDGE ADVOCATE 3-4. The Office of the Staff Judge Advocate(OSJA)provides legal support to commanders, staffs, Soldiers, and other eligible individuals supported by a given command. Army units at division level and above are supported by organic OSJAs. THE OFFICE OF THE STAFF JUDGE ADVOCATE TASKS 3-5. The OSJA performs numerous legal and non-legal tasks. The tasks involve both core legal competencies and generally encompass all legal functions except for TDSs. As appropriate and necessary, and independent from the trial defense mission, the OSJA also provides support to the TDS legal function.
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Chapter 3 3-6. The SJA leads the OSJA. The SJA manages and leads with the help of key advisors: DSJA; division chiefs; legal administrator; command or chief paralegal NCO; and a senior civilian. The SJA ensures that the OSJA is led, trained, equipped, and supported in a manner to accomplish the mission. The SJA ensures that assigned or attached JAG Corps personnel have the requisite individual training—legal, joint, and tactical— to deploy in support of CCMD missions. Each division within the OSJA has a division chief who receives direction, guidance, and support from senior leaders. They in turn provide direction, guidance, and support that is more specific to those who work in their division. To achieve the Army’s policy of achieving interoperability, whenever possible, foreign legal service officers of allies and foreign partners will be integrated directly into the OSJA’s operations, training, and battle rhythm. THE STAFF JUDGE ADVOCATE 3-7. The SJA is the field representative of TJAG and is responsible and accountable for the delivery and quality of legal services within the applicable area of operations. The SJA is the officer-in-charge of the OSJA. The SJA is responsible for planning and resourcing legal support and conducting training, assignments, and the professional development of JALS personnel assigned to the command and its subordinate units. In accordance with Article 6 of the Uniform Code of Military Justice (UCMJ), the SJA is authorized to communicate directly with TJAG and other supervisory judge advocates of superior or subordinate commands as necessary and in the SJA’s discretion. 3-8. The SJA serves as the primary legal advisor to the commander exercising general court-martial convening authority (GCMCA) as prescribed by the UCMJ, the Manual for Courts-Martial, and applicable regulations. The SJA is a member of the commander’s personal and special staff. In accordance with Article 6 of the UCMJ, the commander and the SJA shall communicate directly at all times on matters relating to the administration of military justice, including, but not limited to, all legal matters affecting the morale, good order, and discipline of the command. Article 6 authority applies to SJAs across all Army commands, ASCCs, and direct reporting units. In accordance with Section 7037, Title 10, United States Code, no officer or employee of the DOD may interfere with the ability of the SJA to give independent legal advice to a commander. The SJA provides legal advice and support to the staff and coordinates actions with other staff sections to ensure the timely and accurate delivery of legal services throughout the command. THE DEPUTY STAFF JUDGE ADVOCATE 3-9. The DSJA is assigned to the OSJA and serves as the SJA’s second-in-charge. While the SJA is the primary legal advisor to the command, the DSJA is responsible for the day-to-day administration, training, and execution of the OSJA activities. The DSJA coordinates the efforts of the legal administrator and command or chief paralegal NCO throughout the OSJA. The DSJA ensures that every member of the OSJA receives the mentorship, training, equipment, and support to meet mission requirements consistent with the SJA’s intent. The DSJA serves as the acting SJA in the SJA’s absence and therefore is always prepared to assume the SJA’s duties and responsibilities. The DSJA may supervise legal services at a separate location during split-based operations. Such operations may include serving as the SJA of the rear detachment when the SJA deploys with the forward element. DIVISION CHIEFS 3-10. Division chiefs are key OSJA leaders with responsibility for the mission success of their respective divisions within the OSJA. Typically, the divisions within the OSJA are organized according to legal functions. Division chiefs lead and supervise attorneys and support staff in the delivery of legal support within their legal function. Division chiefs advise the SJA and DSJA concerning all matters falling within the scope of their particular legal function and train subordinates in the legal skills required by the function. SUBORDINATE JUDGE ADVOCATES 3-11. Subordinate judge advocates within the OSJA perform legalduties under the supervision of a division chief. They provide legal advice, legal support to staff planning, review actions for legal sufficiency, investigate factual matters related to legal actions, write legal opinions, prepare legal actions, and provide Soldier and Family legal services. To these ends, subordinate judge advocates also advise commanders, staff
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Judge Advocate General’s Corps Support to Operations officers, and personnel; participate in staff working groups or teams; advocate before courts-martial and administrative decision-making bodies;and review, adjudicate, and settle claims on behalf of and against the United States. Judge advocates supervise paralegals and civilian legal support staff who assist in performing these tasks. THE LEGAL ADMINISTRATOR 3-12. Legal administrators utilize specialized skills and training to assist the SJA in leading and managing legal offices by performing the role of office administrators. Normally assigned to OSJAs supporting installations, or those at or above the division level, legal administrator responsibilities typically involve resource management, personnel management, security management, force management, knowledge management, and systems integration, and they include key roles in ensuring that the administrative, logistical, and funding requirements are met for the delivery of legal services to the supported units. Consistent with guidance from the SJA, the legal administrator builds and maintains effective working relationships with key personnel throughout the command to enable OSJA personnel to meet their mission requirements. Always searching for more efficient ways to provide legal support, legal administrators at all echelons are encouraged to collaborate and share lessons learned through their warrant officer technical chain. Consistent with SJA guidance, legal administrators may also train, coach, and mentor NCOs and officers. THE COMMAND OR CHIEF PARALEGAL NCO 3-13. The command or chief paralegal NCO is the senior enlisted Soldier in the OSJA of a division, corps, or ASCC. A command paralegal NCO (normally a sergeant major), or a chief paralegal NCO (normally a master sergeant), serve at corps and division OSJAs, respectively. This senior enlisted leader advises SJAs, commanders, and their NCOs on all paralegal Soldier issues within the OSJA and those arising from subordinate units. The command or chief paralegal NCO provides technical supervision of all paralegal Soldiers assigned to or supported by the OSJA and is primarily responsible to the SJA for the deployment and training readiness of OSJA personnel. The chief paralegal NCO, like the legal administrator, builds and maintains effective working relationships with key personnel throughout the command to enable OSJA personnel to meet their mission requirements. PARALEGAL NONCOMMISSIONED OFFICERSANDSOLDIERS 3-14. Paralegal NCOs serve as enlisted leaders and subject matter experts within their respective divisions or sections, assuming responsibility for the effective and efficient operation of the division or section where they serve. They also bear primary responsibility to train, mentor, and develop junior paralegal Soldiers to the required level of expertise necessary to effectively contribute to mission success. Some paralegal NCOs serve as a division or section NCO incharge. They therefore serve as senior enlisted advisors to the division chiefs or officers-in-charge, much the same way the command or chief paralegal NCO serves as the senior enlisted advisor to the SJA. 3-15. Paralegal Soldiers provide support in all the core competencies and legal functions, under the supervision of judge advocates, civilian attorneys, and paralegal NCOs. Paralegal Soldiers, like all JALS personnel, are subject to the rules of professional responsibility. Like paralegal NCOs, they do not provide legal advice, but support the legal services provided by judge advocates and civilian attorneys at all levels within the Army. SENIOR CIVILIAN 3-16. The senior civilian, whether an attorney or civilian legal administrator, provides the SJA with a valuable civilian perspective regarding the delivery of legal services and office management. The senior civilian is often best suited to provide advice and perspective regarding continuity and long-term office issues.
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Chapter 3 CIVILIAN ATTORNEYS 3-17. Civilian attorneys assigned to the OSJA perform many of the same legal duties as judge advocates. They regularly provide a depth of expertise and continuity in a particular legal discipline. They may also have supervisory responsibilities, to include those of a division chief. Civilian attorneys do not enter an appearance at courts-martial. Their role in administrative board proceedings is also more limited than that of judge advocates—they may serve as legal advisors to administrative boards, but not as recorders. CIVILIAN PARAPROFESSIONALS 3-18. Civilian paraprofessionals assigned to the OSJAperform many of the same legal duties as uniformed paralegals. They regularly provide a depth of expertise and continuity in a particular legal discipline. Like paralegal Soldiers, they do not provide legal advice or practice law, but they support the legal services provided by judge advocates and civilian attorneys at all levels within the Army. BRIGADE LEGAL SECTION 3-19. The brigade legal section consists of legal personnel assigned to the brigade headquarters. It also includesbattalion paralegal Soldiers. BRIGADE LEGAL SECTION PERSONNEL 3-20. Brigade legal section personnel are assigned directly to the brigade headquarters or the subordinate battalions, but not to the division. A BCT legal section includes three judge advocates: a brigade judge advocate (BJA), a national security law attorney, and a military justice advisor (MJA). Functional and multifunctional brigade legal sections have a BJA and may have an MJA. 3-21. The brigade legal section also includes a brigade senior paralegal NCO. BCTs are authorized a sergeant first class to fill the position of a brigade senior paralegal NCO. Functional and multifunctional brigades are authorized a staff sergeant to fill the same position. Paralegal Soldiers, private through sergeant, are assigned to subordinate battalions. While in garrison, paralegal Soldiers are consolidated within a legal office at the brigade headquarters, brigade equivalent, or higher echelon, to include in the OSJA atthe discretion of the SJA. All JAG Corps Soldiers in a brigade work under the direction and supervision of the BJA and the brigade senior paralegal NCO to ensure timely and efficient legal support to all supported units and to facilitate paralegal training. (See AR 27-1 for more information on legal services.) 3-22. The BJAand the brigade senior paralegal NCO are assigned to the brigade. The brigade headquarters is the primary place of duty for the BJA and the senior paralegal NCO. If anMJA advises units within only one brigade, the MJA will ordinarily be co-located with that brigade. If an MJA advises units within more than one brigade, the MJA may be located at the OSJA, at the discretion of the SJA. The BCT national security law judge advocate will typically be co-located with their assigned brigade, but could also work in the OSJA, depending on mission requirements. The SJA, in coordination with the BJA, may task organize an MJA or a BCT national security law judge advocate in accordance with mission requirements. 3-23. While not directly supervising all brigade legal personnel, the SJA of the higher echelon retains responsibility for legal oversight, mentoring, and technical guidance. However, the brigade commander determines the BJA’s routine, day-to-day duties. An MJA co-located with the brigade is ordinarily supervised bythe BJA. In other circumstances, anMJA is ordinarily supervised by the OSJA’s chief of justice. The BCT national security law judge advocate is supervised by the BJA during training exercises and operational missions, and itis supervised by the OSJA’s chief of national security law, or as the SJA directs, if working in the OSJA. DUTIES AND RESPONSIBILITIES OF BRIGADE LEGAL SECTION PERSONNEL 3-24. Paragraphs 3-25 through 3-30outline the primary duties and responsibilities of personnel assigned to the brigade legal section. These duty descriptions are not exhaustive, but they provide an overview. The actual day-to-day duties and priorities of brigade legal section personnel vary based on the brigade commander and brigade sergeant major’s priorities, the SJA’s legal priorities, and the brigade’s mission.
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Judge Advocate General’s Corps Support to Operations BRIGADE JUDGE ADVOCATE 3-25. The BJA supervises, trains, and mentors subordinate judge advocates and paralegals assigned to the brigade. The BJA is the primary legal advisor to the brigade commander. As a member of both the brigade commander’s personal staff and special staff, the BJA occupies a unique role on the staff. As a personal staff officer, the BJA requires a direct line of communication with the brigade commander on all matters requiring legal advice. No officeror employee of the DOD may interfere with the ability of the BJA to give independent legal advice to the commander or interfere with direct communication between the BJA and the commander. When performing special staff functions not requiring legal advice to the commander, such as participating in operational planning, the BJA may be supervised by the brigade executive officer. The BJA deploys as a member of the brigade staff and serves as the officer-in-charge of the brigade legal section. As a member of the brigade staff, the BJA normally attends the meetings that the brigade staff primaries attend. This judge advocate should have completed intermediate level education, recently completed the Judge Advocate Tactical Staff Officer Course or equivalent orhave experience with operational planning. The BJA’s primary duties and responsibilities include but are not limited to— (cid:122) Supervising, training, and mentoring all judge advocates and paralegals assigned to the brigade. (cid:122) Advising the commander and staff on national security law, military justice, administrative law, contract and fiscal law, and other areas of the law as required. (cid:122) Ensuring the timely and accurate delivery of legal services to the brigade across all legal functions. (cid:122) Participating in operationsplanning and targeting processes, including plans and orders, training concepts,review of isolated Soldier guidance,and other key actions. (cid:122) Planning and coordinating for Soldier and Family legal services, Soldier readiness programs, and preventive law programs for the brigade, as required. MILITARY JUSTICE ADVISOR 3-26. The MJA advises commanders on all areas of military justice and adverse administrative actions in garrison and during deployments. The MJA’s primary duties and responsibilities include— (cid:122) Advising commanders on issues pertaining to military justice and adverse administrative actions. The MJA assists and coordinates with other members of the brigade staff (for example, S-1, retention personnel, and equal opportunity personnel), as required. (cid:122) Attorney functions within military justice that are not primarily litigation, such as reviewing complicated non-judicial punishment, advising commanders and law enforcement on search and seizure issues, and representing the government at pre-trial confinement hearings. (cid:122) Reviewing adverse administrative actions and conducting administrative board hearings. (cid:122) In brigades, the MJA assists the BJA in the performance of BCT national security law judge advocate duties and may assist with the BJA’s responsibilities for administrative law, contract and fiscal law, and other support, as required. BRIGADE COMBAT TEAM NATIONAL SECURITY LAWJUDGE ADVOCATE 3-27. Under the direction and supervision of the BJA, the BCT national security law judge advocate advises commanders and staff on national security law issues within the brigade. This judge advocate should have recently completed the Judge Advocate Tactical Staff Officer Course or equivalent or have experience with operational planning. The BCT national security law judge advocate’s primary duties and responsibilities include— (cid:122) Advising commanders and staff on the DOD Law of War Program, detainee operations, status-of-forces and other international agreements, general orders, the law of armed conflict, targeting, and predeployment legal preparation. (cid:122) Serving as a standing member of operations planning groups, targeting boards, and providing direct support to the brigade’s fire support coordinator. (cid:122) Participating in planning for operations and providing legal input into plans. (cid:122) Assistingthe BJA with administrative law, contract and fiscal law, and other support, as required.
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Chapter 3 BRIGADE SENIOR PARALEGAL NONCOMMISSIONED OFFICER 3-28. The brigade senior paralegal NCO is the senior enlisted advisor and assistant to the BJA.The brigade senior paralegal NCO serves as the NCO in chargeof the brigade legal section. The senior paralegal NCO supervises, trains, and mentors subordinate paralegal Soldiers and paralegal NCOs assigned to battalions. The senior paralegal NCO serves as a member of the brigade’s staff. This NCO should have successfully completed the Battle Staff NCO Course and received an additional skill identifier. This NCO coordinates and conducts required training on legal issues, including law of armed conflict, ROE, and rules for the use of force. BATTALIONPARALEGAL SOLDIERS 3-29. Battalion paralegal Soldiers are assigned to the S-1 section of each subordinate battalion. Their assignment to the battalion S-1 section is designed to provide legal support to battalion commanders and Soldiers, while acting under the direction and supervision of the BJA and brigade senior paralegal NCO. Paralegal Soldiers are expected to primarily perform duties of a legal nature. 3-30. BJAs retain the flexibility to coordinate the consolidation of battalion paralegal Soldiers at the brigade headquarters in the discretion of the BJA as approved by either the brigade commander or the SJA. The decision to consolidate is based on a variety of factors. While in garrison, geographic location of subordinate battalions, operational tempo, ease of movement, and the nature of the legal mission often lends itself to the consolidation of paralegals at the brigade headquarters. Consolidation also allows the BJA and senior paralegal NCO to train, supervise, and develop paralegal Soldiers to the required level of expertise prior to deployment. During deployment, these and other factors may also lead to the decision to consolidate legal assets. Consolidation of legal assets may also be necessary due to the nature of legal support required by the operation. The BJA and senior paralegal NCO must weigh the relevant factors and determine whether decentralization or consolidation provides the optimal use of legal assets to support the command’s mission. Operational adaptability requires continuous assessment of thesituation,and itmight necessitate the need to decentralize legal assets and consolidate them in whole or in part throughout the operation. The approval authority for the consolidation of battalion paralegal Soldiers is either the brigade commander or the SJA. THE OFFICE OF THE STAFF JUDGE ADVOCATE—BRIGADE LEGAL SECTION RELATIONSHIP 3-31. Providing legal support to all levels of command remains the chief mission of all JAG Corps personnel. However, personnel at the OSJA and the brigade legal section may identify different ways and means to accomplish this mission. These potentially different views stem from the increased capabilities of BCTs and other brigades and the assignment of JAG Corps personnel directly to brigades. Though support and coordination issues may arise, both organizations focus on the same end state: providing high quality, reliable legal services to the command across all types of operations. OSJA and brigade legal section personnel build and maintain an ongoing, professional, working relationship. This relationship enables JAG Corps personnel at all levels to focus their efforts on mission accomplishment. This field manual does not address all OSJA-brigade legal section issues concerning support and coordination, but certain aspects of the OSJA-brigade legal section relationship merit specific consideration: rapport, legal oversight, direct supervision, and technical training. RAPPORT 3-32. Rapport is critical for mission success-for both the JAG Corps and the Army. As senior leaders of the JAG Corps, OSJA leaders take every opportunity to teach, mentor, and support the brigade legal section for mission success. Similarly, brigade legal section personnel support the OSJA to accomplish its mission. These relationships will be of special interest to TJAG and the regimental command sergeant major during UCMJ Article 6 inspections.
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JudgeAdvocate General’s Corps Support to Operations LEGAL OVERSIGHT 3-33. The nature of the legal profession requires a strong technical chain of supervision within JAG Corps channels for several reasons. TJAG has a statutory obligation to direct the members of the JAG Corps in the performance of their duties under Section 7037, Title 10, United States Code. TJAG also has the unique requirement to meet professional legal responsibilities under AR 27-26. All judge advocates are attorneys subject to civilian rules of professional conduct, continuing education requirements, and professional discipline from their licensing organization, which requires enhanced technical supervision. Finally, under Section 806(b), Title 10, United States Code, the SJA or legal officer of any command is entitled to communicate directly with the SJA or legal officer of a superior or subordinate command, or with TJAG. 3-34. SJAs are ultimately responsible for legal advice provided within their command’s jurisdiction. As the next senior judge advocate in the BJA’s technical chain, the SJA provides BJAs with technical guidance, direction, and insight on legal issues. Exercise of this function by the SJA can be based on policies and procedures agreed upon in advance with the BJA, or it may be event-driven, based solely on the SJA’s professional judgment. BJAs are presumed to be experienced enough to determine when to request technical guidance from the SJA. Situations that require technical guidance by the SJA may include but are not limited to— (cid:122) Soldier misconduct that will likely result in action by the GCMCA. (cid:122) Any complex or potentially high-profile military justice matter. (cid:122) Clarification of ROE and application of the law of armed conflict. (cid:122) Allegations of senior leader misconduct. (cid:122) Issues requiring specialized expertise not resident in the brigade legal section, such as government contracting or ethics. (cid:122) Situations where the BJA is contemplating issuing a legal opinion contrary to a legal opinion or interpretation issued by thehigher OSJA. TECHNICAL TRAINING 3-35. SJAs do not normally have the formal authority to impose training requirements directly on brigade legal section personnel working at a brigade headquarters. Nevertheless, OSJA leaders should take every opportunity to teach, coach, and mentor brigade legal section personnel on legal and professional subjects and include the brigade legal section at appropriate events. To this end, the OSJA leaders should— (cid:122) Invite and encourage brigade legal section personnel to attend formal OSJA training events such as professional responsibility training, professional development classes, staff rides, or sergeants’ time training. (cid:122) Ensure that brigade legal section personnel are informed of training opportunities made available to the OSJA (such as legal conferences, seminars, and continuing legal education). OSJA leaders should also provide justification to brigades to secure the allocation of unit funds to enable the attendance of brigade legal sections personnel at professional development courses. (cid:122) Establish procedures for regular, effective communication. Examples include routine meetings or information-sharing sessions where technical topics are discussed. Frequent and candid communication between the OSJA and brigade legal section is essential. Whenever practical, this communication should occur in face-to-faceinteractions. UNITED STATES ARMY TRIAL DEFENSE SERVICE 3-36. The United States Army Trial Defense Service provides legal support to Soldiers regarding judicial and nonjudicial disciplinary matters. It also provides legal support regarding adverse administrative actions. OSJA—TRIAL DEFENSE SERVICE RELATIONSHIP 3-37. TDS personnel receive administrative and logistic support from designated installations or organizations through the OSJA in accordance with AR 27-10 and JAG Corps policy. This support may include the provision of legal support personnel, as required. Effective representation of Soldiers during
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Chapter 3 disciplinary proceedings is a hallmark of a fair justice system. Accordingly, TJAG assesses that this support is essential to the performance of the defense mission. Paralegal support at the TDS-team level is equally important to mission success. SJAs and command or chief paralegal NCOs should actively coordinate the TDS paralegal assignment process with regional and senior defense counsel as they would for their respective OSJAs. This coordination ensures that paralegal support to the TDS teams meets the regulatory requirements in AR 27-10. 3-38. All JAG Corps personnel involved in adversarial processes are required to advocate zealously on behalf of their client, whether the client is the Army or an individual. Disagreements between OSJA and TDS personnel are inherent in the adversarial process. Leaders at all levels of the JAG Corps share a common duty to foster professional relationships between personnel of the OSJA and TDS. Such professional relationships succeed when all JAG Corps personnel display mutual respect and support for each other’s roles and responsibilities. 3-39. OSJA and brigade legal section leaders make all reasonable efforts to ensure TDS support is equally effective as the legal support provided to the government. Additionally, OSJA leaders make all training opportunities equally known and available to TDS personnel, as they would be for OSJA personnel. Personnel evaluations and other supervisory activities remain within the TDS hierarchy, wholly independent from the OSJA. However, TDS personnel are often attached to a local command for the purpose of processing leave requests or other routine personnel actions. LEGAL SUPPORT TO LARGE-SCALE COMBAT OPERATIONS 3-40. As discussed in Chapter 2, the Army is returning its focus to large-scale combat operations, and away from limited contingency operations, to better prepare to confront peer and near-peer threats. The JAG Corps must, in turn, reorient its focus to supporting an Army conducting large-scale combat operations. Legal support in Iraq, Afghanistan, and other places was primarily delivered from large base complexes in an operational environment where the military dominated all domains. 3-41. During large-scale combat operations, echelons above brigade, namely divisions and corps, operate as tactical and operational elements in the assigned area. The JAG Corps is prepared to provide legal support in austere conditions to rapidly maneuvering and mobile unit headquarters. OSJA and legal operations detachment (LOD) elements supporting Army, joint, and multinational headquarters consider how to provide multi-functional legal support at multiple command posts simultaneously while anticipating minimal access to digital communication and information. 3-42. JAG Corps leaders evaluate and analyze the anticipated operations of the supported unit to best design the structure for legal support at their echelon. Corps and division headquarters mayoperate both a main and tactical command post and regularly displace to avoid detection. Traditional OSJA and LOD division structure, centered on legal functions, may not adequately provide the legal support required of a dispersed and tactically focused corps or division headquarters in large-scale combat operations. SJAs have the responsibility and authority to task organize legal assets as necessary for mission accomplishment. To achieve interoperability, foreign legal service officers of allies and foreign partners are integrated directly into the OSJA’s operations, training, and battle rhythmwhenever possible. 3-43. JAG Corps personnel operating at brigade and battalion echelons provide legal services under similar circumstances as personnel at corps and division. Depending on mission requirements, paralegals may need to physically locate with battalionsand companies to ensure adequate legal support. Junior judge advocates and paralegals could be required to operate geographically separated from technical support chains. As such, judge advocates and paralegals prepare for geographic separation during predeployment training. 3-44. CPs during large-scale combat operations are smaller, more agile, and with less digital communications infrastructurethan stationary CPs in other operations. Additionally, digital communications infrastructure is likely a target for cyberspace and electromagnetic effects, creating disruption and degradation of the network. In large-scale combat conditions, JAG Corps leaders deliver legal support through a variety of means, execute off-network document production, and have hardcopy or off-network reference materials on hand. 3-45. Members of OSJAs and brigade legal offices prepare themselves to provide support, and supervisors ensure their personnel are prepared. This includes having appropriate access to required networks and
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Judge Advocate General’s Corps Support to Operations computer systems; reviewing operation orders (OPORDs), deployment orders,task orders, ROEs, rules for the use of force; understanding how their echelon staff sections function and operate; and maintaining individual readiness and equipment. LEGAL SUPPORT TO CAPABILITIES AND COMBAT POWER 3-46. Legal support is doctrinally part of the sustainment warfighting function. Like traditional sustainment tasks, such as maintenance and transportation, legal tasks support all warfighting functions. However, legal support is also integrated into the accomplishment of specific warfighting function tasks, such as command and control, and not merely general support. (See FM 4-0 for more information on sustainment.) 3-47. It is important that JAG Corps leaders view legal support through the lens of warfighting functions and not just legal functions. Understanding how the legal functions and tasks relate to the dynamics of combat power allows JAG Corps personnel to fully support the Army and its formations and seamlessly integrate legal support with warfighting functions. LEGAL SUPPORT TO THE OPERATIONS PROCESS 3-48. Commanders exercise the warfighting function of command and control through the operations process. The commander, supported by the staff, plans, prepares, executes, and continually assesses operations to achieve mission accomplishment. JAG Corps personnel are part of that staff,and they integrate into the operations process and with the other warfighting functions to effectively provide required legal support. As such, they are trained in three areas—legal, joint, and tactical. JAG Corps personnel integrate into the command by competently participating in all steps of the operations process and CPoperations. (See FM 3-0 for more information on command and control.) LEGAL SUPPORT TO THE MILITARY DECISION-MAKING PROCESS 3-49. JAG Corps personnel, and specifically judge advocates who serve in SJA, command judge advocate (known as CJA), and BJA positions, are members of the commander’s personal and special staff.These judge advocates provide legal advice directly to the commander and legal support to the staff and subordinate units of the command. These command legal advisors must balance the requirements of supporting the operations process as a member of the staff and complying with standard operating procedures (SOPs), as a member of the staff, with the duty to provide independent legal advice to commanders. (See FM 6-0 for more information on the personal and special staffs.) 3-50. Participation in operational planning, including the MDMP,is vital to providing timely legal support to the staff and subordinate units of the command. Full participation in planning allows OSJA personnel to identify legal issues arising from higher echelon headquarters’orders, in proposed courses of action and in course of action analysis and comparison, and itallows for development of the concept of legal support prior to completion of the plan. Additionally, OSJA personnel have expert subject matter knowledge and critical thinking skills that can aid the staff in developing and analyzing plans that meet the commander’s intent. 3-51. Full participation in planning events can be difficult for OSJA elements because of a limited number of personnel and competing interests in the operations process. JAG Corps leaders prioritize OSJA participation at key and beneficial points in the planning process. JAG Corps leaders train and develop subordinate personnel to understand the MDMP to ensure participants in planning events comprehend the goal of each step in the process, the inputs required from the OSJA element, and the anticipated outputs. Failure to understand the goals, inputs, and outputs, and failure to prepare for each event reduces the OSJA element’s effectiveness in identifying legal issues that arise during the planning process. LEGAL INPUTS AND OUTPUTS TO THE MILITARY DECISION-MAKING PROCESS 3-52. The primary legal outputsof the MDMP arethe concept of legal support, the legal running estimate, and assistance to the operations section in the development of the ROE. OSJA elements produce the legal annex, Tab C (Legal Support) to Appendix 2 (Personnel Service Support) to Annex F (Sustainment), which
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Chapter 3 outlines how the legal element will execute the core legal competencies and legal functions required to support the operation. The legal annex generally: establishes how legal personnel will be positioned and aligned in the battlespace; provides instructions for legal processes and services; provides legal guidance to legal personnel, staff, and commanders; and identifies legally significant actions required to be reported. Additionally, the OSJA element assiststhe commander, through the J-3,G-3, and S-3, with creation of the rules of engagement (known as ROE), Annex C(Operations), Appendix 11 (ROE), Tab A (the no strike list), and Tab B (the restricted target list). (See Appendix D for an example of a legal annex. See table 3-1for a listing of legal inputs and outputs to MDMP.)
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Judge Advocate General’s Corps Support to Operations Table 3-1. Legal inputs and outputs to the military decision-making process Key Inputs Steps Key Outputs Higher headquarters’plan or order Step 1 Commander’s initial guidance or a new mission anticipated by the Receipt of Mission Initial allocation of planning time commander Higher headquarters plan or order Step 2 Problem statement (keyannexes) Mission Analysis Mission statement Higher headquartersROE, CDE, Initial commander’s intent TEA, NSE, and legal support Key event: Initial planning guidance knowledge products Commander’sbrief Initial legally significant actions Knowledge products from other organizations Updated legal running estimate Constraints and assumptions Legal specified and implied tasks Identified potential legal risk and issues Identified command relationships and authorities Problem statement Step 3 COA statements and sketches Mission statement Course of Action (COA) (cid:120) Tentative task organization Initial commander’s intent Development (cid:120) Broad concept of operations Initial planning guidance Revised planning guidance Key Event: Initial legally significant actions Broad concept of legal support Staff COA development meeting Updated legal running estimate Updated constraints and Constraints and assumptions assumptions Legal specified and implied tasks Identified legal risks and issues for COAs Identified command relationships and authorities for COAs COA statements and sketches Step 4 Refined COAs Revised planning guidance COA Analysis (War Game) War game results Broad concept of legal support Potential decision points Updated constraints and Key event: Updated legally significant actions assumptions Staff war game meeting Refined concept of legal support Updated legal running estimates Updated constraints and Legal risks and issues for COAs assumptions Command relationships and Mitigation of legal risks and issues authorities for COAs Refined command relationships and authorities
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Chapter 3 Table 3-1. Legal inputs and outputs to the military decision-making process (continued) Key Inputs Steps Key Outputs Refined COAs Step 5 Evaluated COAs War game results COA Comparison Recommend COAs Updated legal running estimate Recommended concept of legal Refined concept of legal support Key Event: support Updated constraints and Staff Comparison Meeting Updated legal running estimates Updated constraints and assumptions assumptions Remaining legal risks and issues Refined command relationships and authorities Evaluated COAs Step 6 Commander-selected COA and Recommend COAs COA Approval modifications Refined commander’s intent Recommended concept of legal support Key event: Refined legally significant actions Updated legal running estimates Commander’sbrief Updated constraints and Updated constraints and assumptions assumptions Commander-selected COA and Step 7 Approved operations order or plan modifications Orders Production, Approved legal annex Refined commander’s intent Dissemination, and Transition Approved ROE annex Refined legally significant actions Established legally significant Updated constraints and Key event: actions assumptions Finalize order Subordinates understand the plan or order Subordinate legal elements understand legalrisks, issues, and mitigation CDE collateral damage estimate ROE rules of engagement COA course of action TEA target engagement authority NSE no-strike entities 3-53. The OSJA element produces a legal annex and assists the commander in producing the ROE. The OSJA element also reviews, at a minimum, theseparts of the supported unit order for legal issues: (cid:122) Base operation order. (cid:122) Task organization (Annex A). (cid:122) Human and signals intelligence (Annex B, Appendixes 4 and 5). (cid:122) Offensive cyberspace operations (Annex C, Appendix 12, Tab A). (cid:122) Military information support operations (Annex C, Appendix 13). (cid:122) Military deception (Annex C, Appendix 14). (cid:122) Information operations (Annex C, Appendix 15). (cid:122) Fire support overlay, targeting, and air support (Annex D, Appendixes 1, 3, and 5). (cid:122) Police operations (Annex E, Appendix 7). (cid:122) Populace and resource control(Annex E, Appendix 4). (cid:122) Detention operations (Annex E, Appendix 13). (cid:122) Contract support integration (Annex F, Appendix 1, Tab G). (cid:122) Mobilityand countermobility (Annex G, Appendix 1). (cid:122) Public affairs guidance (Annex J, Appendix 2). OSJA element integration and participation in the MDMPwill reduce or eliminate legal issues contained in orders developed across the staff.
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Judge Advocate General’s Corps Support to Operations 3-54. Arunning estimateis the continuous assessment of the current situation used to determine if the current operation is proceeding according to the commander’s intent and if planned future operations are supportable (ADP 5-0). Running estimates include facts and assumptions, mission readiness, goals and requirements, and other information that impacts current and future operations. OSJA elements maintain a running estimate to monitor and evaluate the effectiveness of current legal support and the status of legal risks, constraints, assumptions, and issues. The legal running estimate variesdepending on the supported unit task organization and operations.Potential legal running estimate data may include— (cid:122) Location and activity of JALS personnel supporting operations (the legal support laydown). (cid:122) Special ROE or targeting constraints relevant to the operation. (cid:122) Number of personneland units trained in the ROE. (cid:122) List and status ofno-strike entities. (cid:122) Legally significant actions. (cid:122) Pending requests for informationand legal opinionsfrom staff and subordinate units. (cid:122) Assumptions that could impact the delivery of legal services, and requests for information pending update from higher echelon headquarters. (cid:122) Command relationships and authorities. (cid:122) Number, type, and status of legal investigations. (cid:122) Number of foreign claims intakes and payments. (cid:122) Military justice actions by type and offense. (See Appendix Dfor an example of a legal running estimate. See FM5-0for more information on running estimates.) 3-55. During the MDMP, the staff develops two lists of information requirements for the commander: priority intelligence requirements (known as PIRs), and friendly force information requirements (known as FFIRs). Information requirements which the commander deems essential to decision making and successful execution of the operation are designated as commander’s critical information requirements (known as CCIRs). Legally significant actions are events that occur during operations having legal significance and require action by the OSJA element. Legally significant actions may be included in friendly force information requirements or designated as commander’s critical information requirements if deemed essential. (See FM6-0 for more information on priority intelligence requirements and friendly force information requirements.) 3-56. Aconstraintis a restriction placed on the command by a higher command or authority. A constraint dictates an action or inaction, thus restricting freedom of action of a subordinate commander (FM 5-0). Many constraints are created by statute, regulation, or policy categorizing them as legal constraints imposed on commanders. Commanders and staff expect JALS personnel to understand, track, and apply legal constraints to ensure planning and execution of the mission adheres to the conditions imposed by the higher echelon headquarters, institutions, or civilian elected officials. 3-57. A planning assumption is a supposition on the current situation or a presupposition on the future course of events, assumed tobe true in the absence of positive proof, and necessary to enable the commander in the process of planning to complete an estimate on the situation and decide on the course of action. A legal assumption is a supposition or presupposition that a potential legal constraint does or does not apply. When application of the law under the facts or circumstances surrounding the unit’s mission is ambiguous, a legal assumption is made to facilitate further planning. JALS personnel must resolve ambiguity through research, analysis, and consultation with higher headquarters technical chain of supervision. (See FM 6-0 for more information on planning assumptions.) 3-58. Risk management is incorporated into MDMP by all staff sections to account for hazards within their functional areas. Risk is probability and severity driven chance of loss, caused by threat or other hazards (ATP 5-19).Hazards are conditions with potential to cause injury, illness, or death of personnel; damage to or loss of equipment or property; or mission degradation. Legal risks are those concerned with mission degradation resulting from consequences of unlawful, or the perception of unlawful, conduct by a unit. Consequences for the conduct do not typically result in operational failure, but they reduce theeffectiveness of leaders and units if not adequately considered prior to execution. Common examples of legal risks include failure to cooperate with inspections of facilities by the International Committee of the Red Cross, failure to
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Chapter 3 adequately investigate allegations of significant wrongdoing, and choosing expediency over fair application of the principles of proportionality and distinction under the law of armed conflict. JALS personnel owe commanders and staffstheir assessment of legal risks and mitigation in accordance with the risk management process.(SeeATP 5-19for more information on risk management.) 3-59. JALS personnel understand the command and support relationships established by unit orders with higher and subordinate commands. These relationships, usually found in Annex A and paragraph three of the order or plan, describe the types of authorities one command exerts over another. These relationships and authorities may create responsibilities to provide legal support and alter military justice jurisdiction. (See Chapter 2 and FM 6-0, Appendix B, for details on the various command and support relationships and associated authorities.) LEGAL SUPPORT TO COMMAND POST OPERATIONS 3-60. In addition to the MDMP, the staff performs many tasks and executes multiple meetings to synchronize and coordinate among warfighting functions to support the operations process. JAG Corps supervisors may not have enough personnel to provide legal support to every meeting and working group while they participate in key events of the MDMP. JAG Corps supervisors identify which command post activities require legal support and which can be deferred. The types of activities that have higher priority will vary from unit to unit and operation to operation, requiring constant review by JAG Corps supervisors. JAG Corps personnel can be either consolidated and tasked to support as needed, tasked to integrate and directly support a warfighting function or integrating cell, or a combination of both. 3-61. JAG Corps supervisors ensure adequate workspace, equipment, and connectivity in the CP to effectively provide legal support. The amount of workspace and its location isguided by how legal support is divided among CP activities. JAG Corps supervisors assist commanders when considering the effectiveness and survivability of a CP. This creates tension between the number of personnel and amount of equipment to perform necessary tasks and the ability to avoid detection and remain mobile. The task of designing and analyzing the layout of aCP is usuallydelegated to the operations officer and executive officer or chief of staff. OSJA supervisors participate with or engage the CP design team to ensure adequate workspace in the right locations to fulfill legal support requirements. 3-62. JAG Corps personnel integrateintothe staff and directly support the warfighting functions as part of the operations process. Legal support must be synchronized with CP SOPs, battle drills, and battle rhythm. See table 3-2, examples of battle rhythm events requiring legal support. CP SOPs control the setup, security, and defense of the CP; shift, eating, and sleeping plans; priorities of work; reports; maintenance of equipment and vehicles; and use of Army Battle Command Systems (known as ABCS). CP battle drills include react to indirect fire, react to degraded network, react to a mass casualty event, execute dynamic targeting, execute close air support, and support troops in contact. JAG Corps personnel must follow the CP SOP and battle drills to effectively integrate with the commander and staff sections. Table 3-2. Examples of battle rhythm events requiring legalsupport Common Battle Rhythm Events and Meetings Events and Meetings Primary Legal Functions Potential Legal Issues Protection WG National security law Detainee operationsandICRC Administrative law Interrogation oversight Military justice Use of force Mobilityand countermobility (obstacles) SOFAand international agreements Command policy Criminal investigations Command and safety Investigations Counter UAS issues