The Judge Advocate General's Legal Center and School

Catch the latest podcast episode of Criminal Law Department Presents! https://tjaglcs.army.mil/crim-law-presents

In CAAF Chats Episode 43: United States v. Rocha (C.A.A.F. 2024), we examine one of CAAF’s recent decisions interpreting Article 134. Specifically, the court analyzes the concept of fair notice for a charge of indecent conduct.

Tune in: Don’t miss an episode! Follow Criminal Law Department Presents on your favorite podcast platform! Explore other TJAGLCS podcast shows at: https://tjaglcs.army.mil/thequillandsword

Jane Lee
The Judge Advocate General’s Legal Center and School

Breaking the Mental Health Stigma

CHARLOTTESVILLE, Va. – “I sought help, but I waited way too long,” said Lt. Col Mike Lamphier. The Center for Law and Military Operations Director shared his mental health journey with The Judge Advocate General’s Legal Center and School during a recent Holistic Health and Fitness (H2F) Leader Development Program. “I have found that when I share my journey there are many out there who are like me but still wear the mask of everything is just fine.”

Lamphier very candidly detailed his struggles with depression, anxiety, paranoia and post-traumatic stress injury (PTS) to help overcome the stigma of mental health within the military. “I go back to late 2010. I’ve been home from Iraq for a while. I was a trial counsel and operational law attorney with a Brigade Combat Team in Iraq,” said Lamphier. “My wife, she’s the one who started saying hey you’re really short with us, you’re short with the kids. You get up and you leave. And you’re gone.

“And I would. I would walk away. Walk for two to three hours a night sometimes. Just to get away. I was all about leaving. As I reflect over the years, this was the start of the fight or flight response that would become ingrained in me.”

Without realizing it was a classic symptom of PTS, Lamphier also remained hypervigilant for years. “Whenever I walk into a room; I would look for exits. I would look for something I could use as a weapon if I needed to. I would even do that in church,” confessed Lamphier. “When a shooter comes in, am I going to charge, am I going to run? I’m sizing up the people next to me. I don’t remember when I actually realized I was doing this. It was just constant, constant, constant.

“That led to wanting to numb myself through alcohol. I realized that this was my 'escape' to block out thoughts, get to sleep quickly, and for a moment during the day not suffer anxiety. Clearly this was counterproductive to long term healing but, at the time, I just needed to get through the moment. Eventually, through therapy, I stopped drinking and that has helped me tremendously to become intentional about my behavioral health recovery. I now seek healthy outlets to deal with these issues. Exercise, diet, yoga, meditation, breathing techniques, and talking about my journey has been extremely helpful, though I always feel a little awkward about bringing it up.”

For over a decade, Lamphier relied on the coping mechanisms of avoidance, hypervigilance and self-medication to blunt the debilitating toll of PTS. He reached a tipping point a couple of years ago, which forced him to finally seek a behavioral health specialist. “I was in the gym, got my earbuds in listening to music. They had just reinstituted the COVID mask protocol. I stopped and turned around. Probably where the tip of my fingers (reaching his arm out) there was a guy standing there. Within a second, I sized him up, noticed his gait and immediately planned how to take him down and dispatch the perceived threat,” said Lamphier. “I did not carry this through, but realized this was my fight in ‘fight or flight’ to the extreme. I took my earbuds out and he told me I had to wear a mask, I complied and walked away.

“I went back to the locker room, no one was there. I started sobbing. It was at that moment I realized I have serious problems, and that I can no longer ignore this.”

That scary revelation served as a wakeup call. “I genuinely believed my career was over. My world had crashed, I knew I was not in a good place mentally, and overall health wise. Additionally, I had all the symptoms of vertigo and migraines every single day for nearly eight months, that led me to seeing many medical specialists. This really was my final lifeline as I felt I had nothing left to lose. Years and years of anguish and at that moment, I’d given up,” recalled Lamphier. “I go to behavioral health. I’m seeing this guy every week for two to three months. I told him I don’t even care if I lose my clearance. I’m good with that. In my mind, my career was done.”

Thankfully, the trauma behavioral specialist reassured Lamphier that given his trifecta of risk factors, what he was experiencing was absolutely normal. “When I saw him, he said you have already had at least two documented TBI (traumatic brain injury) incidents in the Army,” said Lamphier. “That combined with PTS is a recipe for disaster. And you have a close family member who’s committed su***de. You are off the charts at risk for su***de. He looked at me and said you’re not losing your clearance.”

Statistics from the National Center for PTSD show that nearly a third of veterans who served in Operations Iraqi Freedom (OIF) and Enduring Freedom (OEF) are diagnosed with PTS in their lifetime. “I went through some stuff that was not fun,” shared Lamphier. “I did not understand why I felt the way that I did, to include sometimes crying for what I thought was no reason. While I still struggle, I am intentional about what I do, what I expose myself to, and focus on the tools I have learned that work for me. I am not ‘cured’ but have embraced this lifelong journey of recovery to hopefully help others seek help early.”

Like many others serving in the military, Lamphier resisted seeking help until it was almost too late. “One of the reasons I didn’t want to say anything is because I’m a Soldier, we Soldier on,” said Lamphier. “For me as a leader, I’m not coming forward. I’ll muscle through it. It’s fine.”

“Another reason why I didn’t come forward for a long time is who am I to have this problem? Seriously, I’m financially stable, married with kids, have two arms, two legs, my body isn’t burnt, I’m a lawyer with food on the table. I am unworthy to come forward and talk about stuff, so I didn’t.”

Fears about career ramifications also stopped Lamphier. “I intentionally never sought help, even after my second diagnosed TBI when I lost consciousness, because I was concerned about how that would impact my security clearance, and ultimately my next job,” said Lamphier. “I’m not going to see anybody because I’m not going to lie on the SF-86 (questionnaire for national security) or the interview.”

Dr. Marjorie Campbell, section chief for prevention and early intervention at the Defense Health Agency’s Psychological Health Center of excellence, says these are all barriers to care. “They worry they won’t be able to deploy, or will get separated out of the military, or that their unit leaders will find out about their diagnosis and perceive them as weak or make fun of them,” said Campbell. “And, although sometimes those things happen, in general, we found that service members’ perceptions of these barriers are not accurate. This is not a career ender.”

When Lamphier finally overcame those fears, his behavioral health specialist recommended a program called TRIOP (Trauma Intensive Outpatient Treatment Program), a five-week evidence-based program at Landstuhl designed to help service members deal with the lasting effects of traumatic events.

“I’m blessed that I was able to attend the program,” said Lamphier. “Different ranks, different services, similar time in the military. The one thing that stood out to me was that we all had different experiences, but our symptoms were nearly identical. Within two days, we were a band of brothers. We could share anything. It was amazing, and life changing. For me, group therapy was essential on my road to recovery.”

Lamphier tries to exemplify the servant leadership that was shown him. “I had one individual who called me when I was stationed at Fort Campbell. He said ‘Hey Mike, this is Joe [as in now TJAG Lt. Gen. Berger]. How are you doing?’ I quickly recognized the voice as DJAG and felt like I needed to stand at attention in my car,” recalled Lamphier. “And then, at my next assignment when I was sick and going through treatment he knew of my situation and again called to check in. It was a short conversation, but he said your whole job is just to get better. That’s all it is. If it works out and you get better, great. We’ll put you back in and you’re good to go. If it doesn’t work out, not a problem, we’ll figure it out. These experiences have shown me that words matched actions with this senior leader and was a huge relief at a time when I was seriously struggling.”

Lamphier did start on the long road to recovery. A journey that continues to this day. “Over the years I have learned more about me, and counseling has helped me in many areas to include learning why I am wired the way I am. My biggest passion is helping others in almost any capacity,” said Lamphier. “There is no type of person or task that is beneath me wanting to help and make a difference.”

Nowadays Lamphier spends his off-duty time volunteering as a firefighter. “It’s a 12-hour night shift once a week, and a 24- or 48-hour weekend shift every five weeks. Honestly, I did not know this was a thing. Once I found out about it, I knew I would love it,” said Lamphier. “Being a firefighter puts you in situations where you are helping someone on likely one of their worst days. You are a true team that is bonded by making sure your buddy is safe and helping the community in saving lives and property.”

Whatever his future in the Army, Lamphier puts his team first, but realizes you also must take care of yourself. “You have to get to know your people. See if they are off. There is nothing wrong with that. You must also lead by showing that it is okay to seek professional help, even if that means you are away from your team. Is there a stigma? Absolutely,” said Lamphier. “But I challenge you to get help, even if you don’t feel like you need it. First thing is to be vulnerable about how you feel, even if you think you are not worthy to feel a certain way. Talking to people you will quickly find out there are many like you who suffer in silence and wear the mask that everything is great. If there is something going on, don’t get to the point where your body is breaking down and life is miserable. Have the courage to take the next step. If not for you, for your family and your team.”

If you or someone you know needs help, there are resources available:
www.ptsd.va.gov
www.health.mil/phcoe

(U.S. Army photo courtesy Jason Wilkerson)

Even before Advanced Leader Course (ALC Class 007-24) student Staff Sgt. Christina Carpenter graduates tomorrow, she demonstrated the core Army values of Selfless Service and Personal Courage while traveling to attend Phase II at The Judge Advocate General's Legal Center and School.

On her way to SEATAC (Seattle Tacoma Airport) last month, Carpenter and her significant other came upon an accident involving multiple cars on I-5. The early morning collision blocked almost every lane and caused a nine-mile backup.

Without regard for her own safety, Carpenter stopped her car, got out and helped until emergency crews arrived. In doing so, Carpenter demonstrated true Army L.D.R.S.H.P. TJAGLCS cannot wait for your graduation tomorrow and all the ways you will continue to show leadership!

The Judge Advocate General's Legal Center and School's 9/11 Remembrance Service in Decker Auditorium featured Lt. Col. Michael Lamphier and Maj. Ethan Richards who shared personal connections to this tragic day in American history.

Richards’ father was a first responder in Somerset County, Pennsylvania, and served at the crash site of United Flight 93. Richards shared his father's reflections on his two-week experience in the immediate aftermath of the crash that took the lives of 40 passengers and crew when they valiantly fought to regain control of their plane and subsequently crashed in a field, instead of another likely target.

Lamphier shared how he was inspired to join the military following the events of September 11th. When he saw others from his community in Arizona who decided to put on the uniform and serve their country in response to the attacks, including football star Pat Tillman, Lamphier decided to ask himself “Why not me?” He then decided to answer the call to service himself.

TJAGLCS Chaplain Eric Avery also offered a powerful meditation challenging those in attendance to find “how we are called to respond” when we take the time to remember national tragedies like this. The event was emceed by Maj. Fabiani Duarte who showed a video recounting the events of that Tuesday morning 23 years ago. Duarte concluded the event discussing the importance of honoring the memory of those we lost, thanking the firefighters and first responders who made immediate sacrifices on the day of the attacks, and showing gratitude to the men and women who have served in the missions & military campaigns that ensued to defend our nation.

On the National Day of Remembrance, TJAGLCS paused to reflect on what resilience looks like and to strengthen our commitment to selfless service, duty, personal courage, and the core values that we inspire each other to embody each day at this institution and beyond.

(U.S. Army photos courtesy Jason Wilkerson)

A heartwarming moment at the Noncommissioned Officer Academy at The Judge Advocate General's Legal Center and School.

Command Sgt. Maj. Richard Wilson visited the NCOA last month to reunite with current Advanced Leader Course (ALC Class 007-24) student Sgt. Kariken Stepanian. The encounter between the two exemplifies the profound, lasting impact of Army service and the unexpected ways it shapes lives across generations.

Their story, spanning from a deployment in Iraq where Wilson met Stepanian's father as an interpreter ... to their reconnection years later at the NCOA, demonstrates the enduring bonds forged through military service. It highlights how the actions of Soldiers ripple through time, influencing future generations and creating a living legacy.

This reunion not only showcased the global reach of the Army's influence but also served as a powerful reminder to all Soldiers that their service today can have far-reaching, transformative effects, potentially inspiring and shaping the careers of future Soldiers in ways they might never anticipate. Such connections reinforce the Army's legacy of impact, continuity and the unbreakable spirit of service that transcends time and borders.

📣 Introducing "The FAR and Beyond" - Your New Favorite Podcast! 🎙️
https://tjaglcs.army.mil/FAR-and-Beyond

Catch the Latest Episodes:

🎧 Episode 3: Temporary Acquisition Flexibilities Relating to Ukraine, Taiwan, and Israel: Interview with Mr. Adam Caudle, Attorney Advisor, AMC Legal Center - APG, Ft. Belvoir Division
🎧 Episode 2: Modernizing the DoD Acquisition System-PPBE Reform: Interview with Ms. Margaret Boatner, DASA(SAR)
🎧 Episode 1: Interview with COL José Cora about Contract and Fiscal Law Opportunities in the JAG Corps

Tune In: Don’t miss an episode! Subscribe to "The FAR and Beyond" on your favorite podcast platform, and follow us on social media for updates!

Spotify: https://open.spotify.com/show/4dB7T4pIQGAWc1DtUKQVoX
Podcast: https://podcasts.apple.com/us/podcast/the-far-and-beyond/id1756919784

Thanks for tuning in, and let’s get into it! 🎉

Food, fun and fellowship, anyone? Did I mention the food?? Our wonderful civilian sponsors welcomed The Judge Advocate General's Legal Center and School Graduate Course international military students to a potluck on Saturday. There was no end to the laughing, sharing and getting a taste of Americana.

Jane Lee
The Judge Advocate General’s Legal Center and School

Until There is a Cure

CHARLOTTESVILLE, Va. – “When the Army and JAG Corps say that people are the most important asset, they mean it. And they show it,” said 1st Lt. Dowlin Howell.

The 224th Officer Basic Course (OBC) student at The Judge Advocate General’s Legal Center and School should know. His 4-year-old daughter Davey was diagnosed with Neuroblastoma when she was just 17 months old. Howell credits the Army for making a parent’s worst nightmare, just a little more manageable.

“One night, Davey wasn’t feeling well. She just looked under the weather,” said Howell. “The next morning, the pediatrician felt a mass in her abdomen. Davey was admitted to the children’s oncology department at St. Joseph Hospital and by the time we went to bed that evening, Davey was diagnosed with Neuroblastoma. She had a tumor on the right side of her abdomen approximately the size of a grapefruit.

“Over the next week, she underwent additional diagnostics and was further diagnosed as stage IV, high risk.”

Faced with a dismal five-year survival rate of just 40 to 50%, the Howells started Davey on five rounds of chemotherapy right away. “For children as young as Davey, chemo is administered inpatient over the course of five plus days,” said Howell. “After chemotherapy, Davey needed surgery to remove the tumor. This surgery was performed in New York City at Memorial Sloan Kettering Children’s Cancer Hospital (MSK) by Dr. Michael LaQuaglia, the world’s leading surgeon for this type of cancer.”

Even though the cancer specialist successfully removed the tumor, Davey needed extensive follow-up. Follow-up that continues to this day. “After the surgery, we transferred all of Davey’s future treatment to MSK,” said Howell. “This included one last round of chemotherapy, 14 rounds of radiation, and five rounds of immunotherapy.

“She is still undergoing maintenance treatment and periodic scans. Every 90 days, Davey returns to MSK for scans and a vaccine developed at MSK to treat Neuroblastoma.”

The Army Reserve officer said the frequent trips from Florida where they live for medical care never posed an issue. “Shortly after Davey’s diagnosis, I was brought on orders at SOCOM (United States Special Operations Command),” said Howell. “My leadership made sure that I had the time off to travel to New York with Davey for her treatment. My immediate supervisor was a civilian, a retired Army Sergeant Major. He knew the importance of people and family to the Army and to the organization.”

Besides his Elsa loving warrior princess, Howell’s family includes wife Kristin, 11-year-old son Kellen and 2-year-old son Miles. Kristin is a registered nurse at the same Tampa hospital where Davey first received care. “I was introduced to my wife by my little sister Loren [in 2001]. Loren would show my high school senior photo to her friends and one day showed it to Kristin,” said Howell. “We dated through college and my enlistment in the Army. When I returned home from my first deployment [to Iraq in 2007], I dropped to one knee and pulled out the ring. And we haven’t looked back since.”

That journey so far has included a stint at the University of South Florida, five years on active duty including a second deployment to Iraq, a bachelor’s degree from Saint Leo University and a Juris Doctorate from Stetson University College of Law. “I initially had no intention of continuing my career in the United States Army after my first enlistment. I returned to my wife and my home in Florida and closed the book on that chapter of my life, or so I thought,” said Howell. “After a few months at home, I missed the uniform. I joined the Army Reserve in August of 2010 about eight months after leaving active duty.

“I was assigned to a CENTCOM (United States Central Command) unit based out of Orlando. I always felt like CENTCOM was my home in the Army and was assigned to a CENTCOM unit for the majority of my Reserve time. I was able to take my wife and son while on TDY in Boston. [We went] on the Freedom Trail, we saw the USS Constitution, Paul Revere’s house, and climbed the tower at the Battle of Bunker Hill.”

Moved by his little sister’s battle with cancer, Kellen, a rising sixth grader, recently organized a fundraiser. “Kellen is an excellent hockey player and the best big brother in the world. [His] team held a Gold Game (gold is the childhood cancer color),” said Howell. “The Gold Game raised $15K in one night at our local ice rink.”

In fact, the whole family is dedicated to giving back. “Only 4% of federally funded cancer research is allocated for pediatric cancer,” said Howell. “Over the last three years, through friends, family, and corporate donations, Kristin and I have helped raise over $50K. We will continue to raise money for pediatric cancer research until a cure is found.

“What I haven’t mentioned, but can’t go without being said, is the crucial role the United States Army has made in Davey’s treatment. In return, I give everything I have to the Army. I was recently offered a job with the Defense Intelligence Agency and will start that job when I return from OBC. I will be working in Foreign Disclosure, in the same office that I worked at SOCOM.”

(U.S. Army photo courtesy Billie Suttles)

Last Friday marked the conclusion of the 177th Contract Attorneys Course, and it was a complete success! From inspiring speakers to engaging workshops and insightful discussions, every moment showcased the passion and dedication of the contract and fiscal law community. We are thrilled to celebrate and extend our deepest gratitude to the outstanding speakers who made this event successful.

Jane Lee
The Judge Advocate General’s Legal Center and School

Words of Wisdom Besides Wear Sunscreen

CHARLOTTESVILLE, Va. – Ladies and gentlemen considering joining the JAG Corps.

“Get involved – stay engaged. To be relevant, you need to be engaged with the organization and be a problem solver. Lawyers are called on by clients to solve problems within the constraints of the law. If you want to be an integral part of the team, don’t just tell your clients what they can’t do – but propose a course of action that achieves the objective that is consistent with the law.”

“The ‘easy’ case is never easy.”

“Analyze your case by thinking strategically.”

“Doing the right thing is never the wrong thing. Or another way of saying this is: doing the principled thing will never be the wrong course of action.”

“You can’t put a price on your integrity.”

“Follow regulations – avoid short cuts.”

“When writing a brief or memo – avoid acronyms or jargon – and strive for brevity. I’ve been filing briefs in court for over 30 years, and I never once had a judge tell me ‘Doug, why did you stop at 50 pages? I wish you submitted even more arguments.’”

“Return your phone calls and do so in a timely manner.”

“A positive attitude is a force multiplier. A smile goes a long way.”

“[But trust me on the] get involved – stay engaged. Most judge advocates will do their best advocacy not in a court room, but in a room advising a commander or staff officer how to solve a problem.”

United States Department of Justice Assistant Director Doug Mickle should know a thing or two about the Judge Advocate General’s Corp. He currently leads the Bid Protest Team in the National Courts Section of the Commercial Litigation Branch. But before that, the retired lieutenant colonel served more than a decade in the nation’s oldest law firm.

“I was being recruited to play football by several colleges in the Northeast, one of which was Army,” said Mickle. “I was fortunate to receive a 4-year ROTC scholarship and that started me on my 21-year Army career.”

The Distinguished Military Graduate of St. Lawrence University’s very first duty station in Germany was only his second favorite ... but it proved quite pivotal. More on his favorite in a bit. “The life and professional lessons I learned in those 39 months in Germany established a great foundation for me as I progressed up the ranks in the Army,” recalled Mickle. “While I was on my first tour, I had two very close friends from college who went to law school. Every time I returned to the states on leave, I visited them and was struck how that educational experience had impacted their lives.”

His second assignment in Germany as commander of a personnel office in Boblingen (U.S. Army Garrison Stuttgart) cemented Mickle’s desire to join the most consequential practice of law on earth. “In that role I worked closely with the assigned judge advocates on Panzer Kaserne and thought what they did and how they interacted with the commanders and staff was very interesting,” said Mickle. “When I learned that the Army would send some junior officers to law school, I applied to the FLEP (Funded Legal Education Program). Much to everyone in my chain of command’s surprise, and mine too, I was selected.”

Mickle’s “tour” at George Washington University Law School as a FLEP proved to be his absolute favorite for one obvious reason. “This is where I met my wife,” explained Mickle. “Many will say she is the main reason I am working for the Department of Justice and not being prosecuted by them.”

All jokes aside, the legal knowledge he gained in DC and honed at various assignments around the world serves Mickle even now. “The Deputy Staff Judge Advocate [when I was] Chief of Justice at Fort Knox was Lt. Col. Nolon J. Benson (now retired). Col. Benson was a litigator’s litigator and really taught me so much about case management and trial preparation – skills I still use today in fact.

“In the Army I was primarily a military justice litigator and while at the Litigation Division I handled military personnel matters almost exclusively. I was hired at the Department of Justice primarily because of my background litigating military personnel cases.

“It is funny as I think about it, but nowadays I am probably best known as a government contracts litigator – but in the Army I only litigated a few government contract matters. And that was during my last tour when I was the Chief of the General Litigation Branch.”

So how exactly does a military justice focused judge advocate become the head of the Department of Justice’s Bid Protest Practice Group in charge of litigating federal procurement contracts whose total value has at times exceeded $100 billion annually? Mind you, that’s billions with a B.

“In criminal law, there are elements of the crime, and you must ensure the facts fit the elements to prove the charge,” explained Mickle. “[In government procurement cases] there are governing rules, the Federal Acquisition Regulation (FAR), to apply – so when litigating these cases we are applying the facts of the procurement against these rules. In this sense, procurement cases are akin to the work I did when I was prosecuting criminal law matters.”

Mickle, even 21 years removed from military service, continues to share his expertise on litigating bid protests, contract disputes and military personnel matters with today’s judge advocates. His sense of duty to the nation’s warfighters even earned him the DOJ’s highest recognition. Mickle received the John Marshall Award for his work defending and spearheading the resolution of several lawsuits filed in the United States Court of Federal Claims by thousands of disabled combat veterans who were challenging the process the Department of Defense and the military services used when assigning disability ratings for their Post Traumatic Stress Disorder injuries. “Because I knew that much-needed medical benefits were a major reason behind plaintiffs’ claims I acted as an intermediary between the plaintiffs and the various subject matter experts from the DOD and Department of Veterans Affairs,” explained Mickle. “In the end, our efforts led to a 17-page resolution framework setting forth how over 2,100 combat veterans would have their military records corrected to reflect agreed upon ratings for PTSD. This framework, while taking months to craft, saved an estimated seven years of litigation. More importantly, it afforded injured veterans access to much needed medical care and other benefits.”

Looking back on his Army service, Mickle wishes someone had told him just how much fun he was going to have. “Yes, you might make a bigger paycheck working at a firm,” said Mickle. “But the JAG Corps provides so many other opportunities to develop skill sets that the private sector simply does not provide to include time management, personal responsibility, leadership, and it goes without saying – the chance to first-chair a case long before you ever would see a courtroom as a young associate at a big firm."

(U.S. Army photos courtesy Jason Wilkerson)