Defense additional studies in the same field which are obtained competitively. Explanation: Proprietary data is information considered so valuable by its owners that it is held secret by them and their licensees. Where a contractor must obtain such data from others for purposes of the study, and can obtain it by the leverage of the Department of Defense contract, he will gain an advantage over other companies unless there are restrictions upon his use of the data. Such restrictions are necessary both to protect the data, and to encourage companies to furnish it to contractors for the necessary performance of the Department of Defense contract. The rule is not intended to protect proprietary data furnished voluntarily by companies without limitations as to use, or data which falls into the public domain.

Example A. Company A is selected to study the use of lasers in military communications. The Department of Defense will request that firms doing research in the field make proprietary data available to A. In order to receive the contract, A must agree with such firms to protect any proprietary data it obtains, so long as it remains proprietary, and shall not be permitted to utilize the data in supplying any lasers to the Department of Defense. Furthermore, while A could not receive a competitively awarded contract to perform additional studies of lasers using such data, it may receive a sole source contract for such studies.

§ 141.3 Review and waiver.

(a) The contracting officer is responsible for applying these rules to contracts under his cognizance. If the prospective contractor disagrees with his decision, the contracting officer shall report his decision, and the contentions of the contractor, through channels to an Assistant Secretary of a Military Department or the Director of a Defense Agency for decision.

(b) Any of the prohibitions imposed by these rules may be waived by an Assistant Secretary of a Military Department or the Director of a Defense Agency if he determines that a failure to waive the prohibition will be prejudicial to the best interests of the Government.

The Gold Star Lapel Button shall be designed as described in § 142.4 (a), (b), and (c) and be distributed in accordance with the provisions of 10 U.S.C. 1124 to widows, parents, and next of kin of members of the armed forces who:

(a) Lost or lose their lives in the armed services of the United States during World War I, World War II, or during any subsequent period of armed hostilities in which the United States was engaged before July 1, 1958; or

(b) Lost or lose their lives after June 30, 1958, while engaged in an action against an enemy of the United States; while engaged in military operations involving conflict with an opposing foreign force; or while serving with friendly foreign forces engaged in an armed conflict in which the United States is not a belligerent party against an opposing armed force.

§ 142.4 Description of Gold Star Lapel Button.

(a) Obverse. A gold star one-quarter inch in diameter, on a purple disc threequarters inch in diameter, within a wreath of gold laurel leaves five-eights inch in diameter.

(b) Reverse. The inscription, "United States of America, Act of Congress, August 1966," with space for engraving the initials of the recipient.

(c) Fasteners. Gold Star Lapel Buttons shall be available with pin-joint and safety catch fastener or with pin and clutch-type fastener at the option of the recipient.

The Gold Star Lapel Button described in § 142.4 (a), (b), and (c) is identical to that authorized under Public Law 121, 82d Congress, except for date of enact

ment inscribed on reverse. Gold Star Lapel Buttons inscribed August 1947 may be issued until present inventories are exhausted.

Subpart A-General

§ 150.01 Authority.

Pursuant to Article 66 (f) of the Uniform Code of Military Justice (sec. 866(f), 70A Stat. 59-60, 10 U.S.C. 866 (f)), the following rules of procedure for proceedings in and before boards of review are jointly promulgated by the Judge Advocates General of the armed forces effective February 28, 1961.

§ 150.02 Definitions.

So far as the terms defined in Article 1 of the Uniform Code of Military Justice (sec. 801, 70A Stat. 36; 10 U.S.C. 801) are used in this part, they are used in the sense of their respective definitions therein unless the context indicates otherwise. As used in this part:

(a) "Appellate counsel" means any counsel representing any party before a board of review.

(b) "Appellate defense counsel" means any officer appointed by the Judge Advocate General to represent an accused before a board of review pursuant to Article 70 of the Uniform Code of Military Justice (sec. 870, 70A Stat. 62; 10 U.S.C.870).

(c) "Appellate government counsel" means any officer appointed by the Judge Advocate General to represent the government before a board of review pursuant to Article 70 of the Uniform Code of Military Justice (sec. 870, 70A Stat. 62; 10 U.S.C.870).

(d) "Civilian counsel" means civilian counsel provided by the accused to represent him before a board of review.

(e) "Appellate counsel for the accused" includes appellate defense counsel and civilian counsel.

(f) "Defense counsel" means any person who represented an accused at the trial by court-martial or who served as his counsel in the fleld.

purpose of hearing and determining any matter referred to the board. The determination of any matter referred to a board of review will be according to the opinion of a majority of the members participating in the decision. In the absence of a quorum the senior member present may make all necessary orders touching any proceedings pending in the board preparatory to hearing or decision thereof.

§ 150.2 Place for filing papers.

When the filing of a notice of appearance, brief, or other paper in the Office of a Judge Advocate General is required by these rules, such papers will be filed in the Office of the Judge Advocate General of the appropriate armed force. If transmitted by mail or other means, they are not filed until received in such office. § 150.3 Who may file papers.

Papers will be filed only by the accused or the duly authorized counsel for the parties in interest and proof of such authorization may be required.

§ 150.4 Signing of papers.

All formal papers must be signed and must show, typewritten or printed, the name and address of the person signing same, together with his military rank, if any, and the capacity in which he signs the paper. Such signature constitutes a certificate that the statements made therein are true and correct to the best of the knowledge, information, and belief of the person signing the paper, and that the paper is filed in good faith and not for purposes of unnecessary delay. § 150.5 Computation of time.

Times referred to herein are calendar days. If the last day falls on a Saturday, Sunday, or holiday, compliance may be made on the next working day. § 150.6 Qualification of counsel.

(a) In any proceeding before a board of review the accused may be represented by civilian counsel provided by him or by assigned appellate defense counsel. Civilian counsel must be a member of the bar of a Federal court or of the highest court of a State or Possession of the United States, and may be required to file a certificate setting forth such qualifications. Assigned appellate defense and government counsel must be qualified in accordance with Articles 70(a) and 27(b) (1) of the Uniform Code

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of Military Justice (secs. 870 (a) and 827 (b) (1), 70A Stat. 62 and 46; 10 U.S.C. 870(a) and 827(b)(1)).

(b) Civilian counsel may not act as counsel before a board of review if he has been suspended by the Judge Advocate General of the service concerned from such practice and such suspension has not been revoked.

§ 150.7 Conduct of counsel.

(a) The conduct of counsel appearing before a board of review will be in accordance with the rules of conduct prescribed by paragraph 42b, Manual for Courts-Martial, United States, 1951 (E.O. 10214, 16 F.R. 1320; 3 CFR, 19491953 Comp. p. 441).

(b) A board of review may exercise its inherent right to remove, on an ad hoc basis, counsel misbehaving before or in relation to their appearance before such board. When a counsel has been so removed and the board considers that his conduct was such as probably to warrant suspension, either temporarily or indefinitely, the board shall report the misconduct to the Judge Advocate Genneral of the service concerned and make such recommendations as deemed appropriate.

§ 150.8 Request for appellate defense counsel.

A request for representation by appellate defense counsel will be forwarded to the convening or reviewing authority for attachment to the record or dispatched to the Office of the Judge Advocate General within ten days from the date of the action of the convening or reviewing authority, whichever is later. In cases referred to a board under Article 69 of the Uniform Code of Military Justice (sec. 869, 70A Stat. 61; 10 U.S.C. 869), the accused will have two days from the time he receives notice of such reference to forward a request for appellate defense counsel to the Office of the Judge Advocate General unless he has already forwarded such request. Any request for appellate defense counsel should be accompanied by a statement as to the errors or other matters urged as grounds for relief. Although such statement need not be in technical form, the assistance of counsel in the field should be made available for its preparation. In the event defense counsel files a brief as provided in Article 38(c) of the Uniform Code of Military Justice (sec. 838 (c), 70A Stat. 50; 10

U.S.C. 838(c)), such brief may be submitted in lieu of this statement.

§ 150.9 Retention of civilian counsel.

(a) Notice that an accused has retained or has taken action to retain civilian counsel to represent him before a board of review will be forwarded to the convening or reviewing authority for attachment to the record or dispatched to the Judge Advocate General within ten days from the date of the action of the convening or reviewing authority, whichever is later. In cases referred to a board of review under Article 69 of the Uniform Code of Military Justice (sec. 869, 70A Stat. 61; 10 U.S.C. 869), the accused will forward such notice within two days after receipt of notice by him of such referral unless he has already forwarded such notice. The notice of retention of civilian counsel will be signed by the accused or his representative and will state the name and address of such civilian counsel. the accused has forwarded a timely notice of intention to retain civilian counsel, a notice of retainer stating the name and address of such counsel must be received in the Office of the Judge Advocate General within ten days of receipt of the notice of intention. Such civilian counsel will thereafter be notified of the receipt of the record of trial in the Office of the Judge Advocate General, the number of the case, the board to which the case has been referred, and the arrangements made, or to be made, for a hearing.

When

appellate defense counsel if not already represented by counsel.

§ 150.12 Relations between civilian counsel and other appellate counsel. Civilian counsel may communicate directly with appellate defense or government counsel. Appellate defense counsel shall render such appropriate assistance in connection with the appellate review in the case as may be requested by civilian counsel.

§ 150.13 Notice of appearance of counsel.

Appellate defense and government counsel in a case before a board of review will file a written notice of appearance in the Office of the Judge Advocate General within five days of assignment to the case. Civilian counsel will file such notice within ten days from the date of receipt of the notice of retainer in the Office of the Judge Advocate General. Unless separate notice of appearance is filed, an assignment of errors, brief, or other formal paper will constitute a notice of appearance.

§ 150.14 Availability of records of trial to civilian counsel.

Civilian counsel who do not have a copy of the record of trial may make arrangements with appellate defense counsel to examine a copy of the record of trial in the Office of the Judge Advocate General and to make a copy of the whole or any part thereof without expense to the Government.

§ 150.15 Assignment of errors.

Within fifteen days after notification of the receipt of the record in the Office of the Judge Advocate General, appellate counsel for the accused shall file an assignment of errors setting forth separately and particularly each error as serted and intended to be urged (§ 150.31). An original and five clear copies prepared in accordance with the provisions of § 150.16 (a) will be submitted. It will contain the information prescribed in § 150.16(d) (1). A reply to this assignment may be filed within fifteen days.

§ 150.16 Briefs.

(a) General provisions. The assignment of errors prescribed in § 150.15 may be included in, or filed in lieu of, a brief for the accused. An original and five clear copies of all briefs will be submitted. Briefs will be typewritten, double

spaced on 8" x 121⁄2" (legal cap) white paper, securely fastened at the top. All references to matters contained in the record will show record page numbers and any exhibit designations.

(b) Number of

briefs. Appellate counsel will be limited to the filing of one brief for each side unless the board otherwise permits or directs.

(c) Time for filing. Any brief for an accused will be filed within fifteen days after his appellate counsel has been notified of the receipt of the record in the Office of the Judge Advocate General. If the Judge Advocate General has directed appellate government counsel to represent the United States, such counsel may file a brief on behalf of the government within fifteen days after any brief or an assignment of errors has been filed on behalf of an accused. If no brief is filed on behalf of an accused, a brief on behalf of the government may be filed within fifteen days after expiration of the time allowed for the filing of a brief on behalf of the accused.

(d) General contents. (1) Each brief will indicate on the cover page (§ 150.32):

(i) The designation of the board of review to which the case has been referred,

(ii) The number of the case, if known, and the caption with designation of parties,

(iii) Title of the document,

(iv) Names and addresses of all counsel submitting the document,

(2) If the brief is ten pages or more, an index containing:

(i) Divisions of the brief, including a summary of the argument,

(ii) Table of authorities cited with references to the page of the brief where cited.

(e) Contents (accused) (§ 150.33). The brief for an accused will contain the following arranged in the order indicated:

(1) A summary of the proceedings showing the findings and sentence as approved and the action of the convening authority thereon,

(2) A concise statement of the facts of the case containing all that is material to the consideration of the questions presented with appropriate page references to the record,

(3) The substance of the errors or points intended to be urged, prepared in accordance with § 150.15,

(4) The argument exhibiting clearly the points of fact and law being presented, citing the authorities and statutes relied upon, and quoting the relevant parts of such authorities and statutes as are deemed to have an important bearing,

(5) A conclusion stating concisely why the case should be decided as urged.

(f) Contents (government). (1) A brief on behalf of the government will be of like character as that prescribed for the accused except that the matters prescribed in paragraph (e) (1), (2), and (3) of this section need not be given unless deemed necessary in correcting any inaccuracy or omission in the brief of the accused.

(2) Appropriate proof of service of a copy of the brief will appear on the cover sheet when the accused is represented by civilian counsel.

§ 150.17 Oral arguments.

(a) When heard. All cases in which the parties are represented by counsel will be set for argument unless, upon request of counsel, a board permits a case to be submitted without argument.

(b) Notice of setting of arguments. A board of review will give appellate counsel at least ten days' notice of the time and place of oral argument, unless waived.

(c) Time limits. The length of oral arguments will be within the discretion of a board of review and ordinarily will not exceed thirty minutes for each side.

(d) Number of counsel; opening and closing. A board in its discretion may limit the number of counsel making an oral argument. The defense will have the right to make opening and closing arguments.

(e) Failure to appear. Failure of ap. pellate counsel to appear at the time and place set for oral argument may be regarded as a waiver thereof and the board may proceed to act on the case as submitted without argument or, in its discretion, may continue the case for argument at a later date, giving due notice thereof.

(f) Presence of accused. The accused does not have a right to be present at the hearing before the board of review. § 150.18 Matters outside the record.

Matters outside the record of trial will not be presented to or argued before a board of review except with respect to: