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1984 Army Law. 1 (1984)

handle is hein.journals/armylaw1984 and id is 1 raw text is: THE ARMY LAWYER Headquarters, Department of the Army Department of the Army Pamphlet 27-50-133 January 1984 Table of Contents Legislative and Judicial Developments Under the Uniformed Former Spouses' Protection SAct1 Denial of Delay: A Limitation on the Right to Civilian Counsel in the Military 13 The Military Police Corps: Combat Soldier and Investigator 26 HQDA Message-Military Justice Act of 1983 30 Letter, DAJA-CL 1983/6307, 13 Dec 1983, subject: Instruction on the Military Justice Act of 1983 and the Manual for Courts- Martial 32 Military Justice Act of 1983 38 JAGC History Update 48 Judiciary Notes 49 Regulatory Law Item 50 Reserve Affairs Items 50 Enlisted Update 51 CLE News 51 Current Material of Interest 59 Statement of Ownership 62 Legislative and Judicial Developments Under the Uniformed Services Former Spouses' Protection Act Major Charles W. Hemingway Instructor, Administrative & Civil Law Division, TJA GSA and Ms. Emily Daniel Legal Intern, Administrative & Civil Law Division, TJA GSA It has been less than a year since the Uni- formed Services Former Spouses' Protection Act' took effect, legislatively overruling McCarty v. McCarty,2 and Congressional action has already begun to generate much judicial and legislative activity. In McCarty, the Supreme Court held that Congress intended that a military retiree's pen- sion be his or her separate property and not a property interest subject to division upon disso- lution of the retiree's marriage. Writing for the majority, Justice Blackmun recognized the hardship and inequity the decision would cause for many former spouses of military retirees but suggested that, in light of the legislative history 1pub. L. No. 97-252, Title X, §§ 1001-1006,96 Stat, 730 (Sept. 8, 1982), codified at 10 U.S.C.A. § 1408 (West 1983)[herein- after cited as the Act]. 2453 U.S. 210 (1981). ~f~N