The conventional wisdom among most scholars of civil-military relations is that the United States should, Advocacy on behalf of Austin’s nomination is more muted than it was the last time a president wanted a former general in the job. Waiver requirements are outlined in § 66.7 of this part. A person who spends three or four decades in uniform is the “product of an all-absorbing institution as total in its way as the priesthood in the Catholic Church[,]” as noted scholar Eliot Cohen wrote. An applicant starts the process by asking his recruiter to submit a waiver for the qualification that he does not meet. That assessment is neither presumptively antagonistic toward a retired general nor presumptively deferential to the president’s preferences. In the unforgiving context of national security, there is a greater likelihood that the retiree’s uniformed experience will be an advantage rather than a hindrance if other relevant factors are accounted for. Medical waivers submitted to the USARCENT Surgeon for determination will be returned with decision within 5 working days of receipt of the waiver … A new medical waiver policy instituted in the wake of the death of Senior Chief Petty Officer Shannon Kent allows for appeals to the recommendations process and permits a second medical waiver … Waivers for entrance into the military are available, but they are not easy to obtain. Which do I request, a Remission or Waiver? Individually, these are compelling reasons. Returning to the norm is necessary to rehabilitate the Pentagon’s credibility and reemphasize the dominance of the “civil” in the civil-military relationship. Please contact the individual agency for applicable waiver procedures. Some retiring military members seeking a DoD position may be hopeful that they will receive a waiver to the 180 day waiting period. This not only, The United States must avoid actions that “. The recruit needs to have a compelling reason for requesting a waiver… Many military installations have a designated USCIS liaison to help you with the naturalization application process. For instance, an applicant may have a DUI conviction. The men and women under the secretary’s authority—from the infantry soldier to the sonar technician, from the fighter pilot to the division commander, from the Department of the Army’s civilian police force to the civilian intelligence analysts—are specialized agents, with varying degrees of technical expertise and professional judgment, whose work and advice is regulated or informed by certain customs, norms, duties and moral expectations that define unique professional cultures of the armed forces. After Trump’s election, some observers did warn that surrounding oneself with generals, retired or otherwise, was dangerous to healthy civil-military relationships and could undermine the blessings of “civilian control of the military.” However, there was much more said in favor of James Mattis for the level of maturity, intellect and experience he would bring as one of the few “adults” in the room—he could shield the rest of the country from an “impulsive and uninformed” Trump administration. The need for a waiver … Questions regarding the debt, reason for the debt, and the validity of the debt should be addressed with your local finance, disbursing or payroll office. You may have an easier time obtaining a waiver … The decision to approve or disapprove a waiver for any medical condition may not coincide with a private physician’s recommendation. See your service for application information. While history demonstrates that most secretaries do not come from elite uniformed positions, history also demonstrates that secretaries are all white men. Department of Defense     Department of Veterans Affairs     Military Employment Verification     Warrior Care Website     Defense Contract Mgmt Agency Authorize the medical waiver of the standards in individual cases for applicable reasons and ensure uniform waiver … ALL WAIVER REQUESTS WILL BE SUBMITTED TO PERS-451 VIA E-MAIL (PERS451@NAVY.MIL) FOR FINAL ADJUDICATION BY PERS-4. The Senate must understand that the law does not require a, Lawfare Resources for Teachers and Students, FOB Blog: Overseeing the Facebook Oversight Board, Documents Related to the Mueller Investigation. To the New York Times editorial board, “more than four decades of military service doesn’t fade in four years.”. A lot of it depends on your initiative and how well you are qualified otherwise. Nor should the Senate’s civilian-military relations concerns be assuaged by a stock answer to the stock question of “if confirmed, how would you ensure that your tenure as Secretary of Defense reflects the requirement for civilian control of the Armed Forces that is embodied in our Constitution?” Instead, as any number of former secretaries of defense would likely explain, the job is about building and sustaining certain key relationships, and keeping the faith with both the uniformed and civilian members of the department, just as it is about making judgments affecting the lives of millions both at home and abroad. When considering the civil-military relations effect of a president’s nominee for secretary of defense, the Senate should consider how the nominee, or the nominee’s background, answers the following questions: The answer should reveal nuance: The secretary acts on behalf of the president as his agent but also acts as a broker or translator of information from the department and subordinate commanders to the chairman of the Joint Chiefs of Staff and the president, thereby acting as an “agent” of sorts for the benefit of the institution he or she oversees. A former high-ranking officer will militarize a cadre of key advisers and subordinates, creating an orbit of uniformed personnel trusted for their experience or existing personal relationships and comfort and relegating civilian expertise, judgment and perspective to the JV team—especially when there is evidence of civilian incompetence or infighting. First, they elevate status over suitability. The first thing you need to do is to understand exactly why you are in debt. It would be like suggesting that the U.S. attorney general should be chosen presumptively from among those who have been retired from the Justice Department for at least seven years, but—preferably—not a retired Justice Department attorney and, if at all, possibly not even an attorney (of note, neither the Constitution nor federal law requires that the attorney general be “learned in the law” or otherwise be a licensed lawyer). But others ask very personal “what would you do in these conditions?” questions. There is a saying among lawyers that “bad facts make bad law.” Here, that means the extreme chaotic conditions of the Trump administration arguably seemed to justify the rare waiver for Mattis, but that is a one-off series of historically unique circumstances, not to be considered precedent. Individually, these are compelling reasons. Click the sidebar navigation button for your specific situation for further details regarding submission of your waiver. President-elect Biden, like President Trump before him, has chosen to nominate a well-regarded retired four-star general (Lloyd Austin III) to serve as his first secretary of defense. Or it can commit to a slightly less rigid position, where the nominee can theoretically overcome the strong arguments against his or her confirmation through persuasion. What kinds of considerations are relevant and material in decisions about the use of military force abroad? Or, similarly, that the director of the CIA should be someone with no institutionalized perspective on intelligence gathering, analysis and production. To get a head start on the waiver process, you should get familiar with the DODI (Department of Defense Instruction for Medical Standards for Appointment, Enlistment, or Induction in the Military … Waiver Process When a Service member, Civilian, or Contractor is identified needing a Medical/Behavioral Health waiver, the deploying personnel or a medical provider must … A remission is the cancellation of a debt or portion of a debt by the Secretary of a Military Department. New recruits spend their first few days of basic training at MEPS making sure they pass all the medical requirements. Or it can commit to a slightly less rigid position, where the nominee can theoretically overcome the strong arguments against his or her confirmation through persuasion. Not all medical conditions are eligible for a medical waiver. Some observers have suggested that these are rebuttable objections, but even still, the burden shifts to nominees to explain to the Senate how they will mitigate those concerns. The Senate must understand that the law does not require a presumption against a recently retired general officer. The spotlight, in other words, is firmly (and unreasonably) fixed on a presumptive exclusion. Military, not civilian, perspectives will dominate, the opposite of what should be the case. It is what Congress should want to do for any presidential nominee, and certainly for those filling key national security positions. The laws governing remissions may consider financial or personal hardship, a member’s value to the service, compassion, justice and good faith. Under other conditions, many otherwise competent former generals may fail to shield the department from pure politics and safeguard its nonpartisan ethos and public reputation, for which Mattis has been faulted. Moral waivers relate to criminal history of the person attempting to join the Military. It only implies that the Senate must conduct a searching inquiry into whether the nominee is best qualified. What is the nominee’s moral and ethical redline? You may request a waiver by completing the DD Form 2789 Remission/Waiver … What, if anything, should a secretary do to intervene when a, How would the nominee handle dissent and disagreement. First, they elevate status over suitability. It can commit to the scholarly per se nondebatable presumption that a retired general officer is inappropriate as a secretary of defense. It is because of who that person is. But that level of urgent preventive medicine seems less crucial in a Biden administration unlikely to create so many dramatic self-inflicted wounds, either recklessly or deliberately. To be eligible for waiver, the debt must be the result of an erroneous payment of pay or allowances. Taxes paid on your behalf to the IRS are considered part of any debt incurred; therefore, you must repay the entire debt including the taxes in order to clear your debt. taps into the public’s reservoir of “high esteem”, president implies that a subordinate military officer’s, Civil Liberties and Constitutional Rights. But others criticize the underlying assumption that old soldiers make terrible political leaders, and condemn the presumptions that their martial code of virtue and discipline either is immaterial to the work of being the second only to the president in the chain of command or is disqualifying altogether. The Military Waiver Requirement for Secretary of Defense Shouldn’t Substitute Individuation. A medical exam takes place at the Military Entrance Processing Station (MEPS). Prior employment is one factor and feature and ought not necessarily be dispositive. If you believe you are eligible for a waiver, fill out a DD Form 2789 and return it to DFAS. As of July 1, 2013, the Army Chief Information Officer/G-6 became responsible for providing waivers for customers seeking to procure commercial-off-the-shelf information … Fiduciary duties of candor and competence, of communication and diligence, of transparency and no self-dealing mean and imply different actions depending on the secretary’s role. Of course, many former military commanders who reached the pinnacle of their profession would not be able to avoid apparent or real conflicts of interest, might play favorites with former colleagues still in uniform or turn national security issues into partisan talking points, but that is not, It seems important to recognize, also, that the position of defense secretary cannot easily be equated to other politically appointed cabinet positions, not just because it stewards the largest of the executive branch departments and wields the sword in the nation’s defense. Waiver/ETP requests are submitted as part of … Waiver Procedures. He has published widely on criminal law and civil-military relations subjects, and is a former prosecutor, appellate counsel, and an Army installation’s chief of military justice. So, the Senate has three choices. Surely it is not a sufficient test of whether that nominee is “best qualified,” but it is a necessary one. By Dan Maurer. Personnel Force Innovation     Freedom of Information Act     DFAS Hotline     Accessibility / Section 508    EEO / No Fear Act, Providing payment services for the U.S. Department of Defense. Collectively, they make it clear why this dilemma is so rare. History is not conclusive, nor does following it blindly reveal good judgment. Under the waiver process, the position must be openly … The Senate serves its function, the national security establishment, and the Department of Defense more ably by considering a nominee on the merits, and those merits should not be limited to the retired officer’s deployment experience, command résumé and rank. But just as there is no guarantee that a civilian will make a competent and valuable secretary, there is no guarantee that a retired general will make an incompetent one—one who is inherently dangerous to the health of the civil-military relationship. The opinions in this essay are the author’s alone, and do not reflect the official position or policy of the U.S. Military Academy, the Judge Advocate General’s Corps or any other governmental organization. Congress felt pretty strongly about keeping retired flag officers out of the job, requiring a seven-year gap between active-duty service and appointment as the secretary, and it has granted the waiver only under extraordinary circumstances (the Korean War in George Marshall’s case; the uncertainty surrounding the competence of the Trump administration in Mattis’s case). Collectively, they make it clear why this dilemma is so rare. How to Submit a Waiver or Remission. It can commit to the scholarly per se nondebatable presumption that a retired general officer is inappropriate as a secretary of defense. This not only confuses the public, and can dim the military’s credibility by association, but also sends messages throughout the Armed Forces that defense matters are to be judged through partisan lenses. This places an undue emphasis on loyalty over competence, and “it could hamper independent thinking and fresh proposals,” as Fred Kaplan wrote recently. This by no means suggests that someone with experience in the Department of Defense should always be short-listed for the top job; in fact, familiarity may breed arrogance, overconfidence and condescension—one can look at the tumultuous tenure of Donald Rumsfeld in the George W. Bush administration as Exhibit A. Remissions and Waivers Branch always considers the gross debt amount in waiver determinations. “[E]ffective secretaries of defense are also skilled politicians, capable of translating the president’s political priorities in the Pentagon,” as three well-informed scholars wrote recently. But so might a civilian. To what extent can the nominee engage collaboratively and productively with other cabinet members? What should a secretary do when his or her oath of office conflicts with the political duty to the president? What does this mean to you? (Incomplete applications or missing supporting documents … If called to explain it by Congress, will he or she? The men and women under the secretary’s authority—from the infantry soldier to the sonar technician, from the fighter pilot to the division commander, from the Department of the Army’s civilian police force to the civilian intelligence analysts—are specialized agents, with varying degrees of technical expertise and professional judgment, whose work and advice is regulated or informed by certain customs, norms, duties and moral expectations that define. New recruits swear in during the Army Reserve … Civil-Military Norms, Breaches, and Why Mindset Matters,” appears in Volume 11, Issue 1, of the Journal of National Security Law & Policy. A moral waiver is required when an individual has enacted in conduct that is against moral guidelines established by the Secretary of Defense. When Congress engages in a deliberately piercing analysis of a presidential appointee’s idiosyncratic qualifications for the helm of the national security establishment, it reinforces the proper degree of civilian control over the military far more than defaulting to a pure civilian nominee ever could. Congress could also impose additional prerequisites to the front end of the waiver process. A history of severe depression raises the risk of suicide, a problem the military sought to minimize in part by eliminating waivers for many behavioral health issues in 2009, … But insofar as it rejects retired military flag officers out-of-hand, this conventional wisdom is wrong. It is an obstacle, but one placed purposely to slow the process … Waiver Process Individuals who have served honorably as a peace officer in Arizona and their certification as a peace officer has lapsed, or served in another state or a federal agency, may be eligible to be a certified Arizona law enforcement officer by successfully completing the waiver testing process. Taken as a whole, these questions help the Senate understand—and potentially underwrite—the risk to civil-military norms and conventions this particular nominee presents. The United States must avoid actions that “blur” the line between civilian and military—a division as critical to American democratic freedom as the separation between church and state.  DoD Forms     Department of State     Civilian Personnel Mgmt Service     DTS Travel Center     System for Award Mgmt (SAM)  The majority, in Congress and among civil-military relations experts, seems to read the statute’s waiver requirement as an obstacle emplaced deliberately to make it harder to nominate and confirm a retired general officer. But it can also be said that bad facts make for bad lessons—like assuming it was a one-off series of historically unique circumstances. But that “just feels off”—a reasonable person would intuitively reject these conclusions. Second, they reflect a faith that foreordained catastrophe awaits because of the secretary’s previous employment as a career uniformed professional (the less categorical of the critics argue that it at least presents an unjustifiable risk). This by no means suggests that someone with experience in the Department of Defense should always be short-listed for the top job; in fact, familiarity may breed arrogance, overconfidence and condescension—one can look at the tumultuous tenure of Donald Rumsfeld in the George W. Bush administration as Exhibit A. A now-politically dependent former general officer will politicize national security issues or those internal bureaucratic subjects for which technical expertise, not politics, is relevant. Retired general officers like Austin clearly excelled in very narrow, tactically focused decision-making; therefore, presumptively, they lack the talents and patience needed to think broadly about policy and politics. Congress—if it wishes to regain its constitutionally provided stature in national security—would do more to correct an imbalance in civil-military relations with a thoughtful, deliberative appointments process than by presumptively preferring “pure” civilians to head the Department of Defense. b. In other words, the individual’s civilian status is a superficial status. If so, should that redline “shift” given the civilian leadership role he or she would enjoy as secretary? If there is a civil-military relations silver-lining to the relative confusion of the past four years, it is that pundits, politicians and the public—not to mention the service members—now have a historic “proof of concept.” During the Trump administration, the country has seen a litany of previously unthinkable, norm-shattering debacles (such as the president handing out campaign hats to soldiers deployed in combat zones, referring to American streets as “battlespace,” referring to “my generals,” pardoning officers for acts that would be considered “war crimes,” inexplicably ordering the withdrawal of forces from active campaigns with the nation’s partners, among many others). But that is not how the requirement should be read at all. The law was waived … The Secretaries of the Military Departments and the Commandant, United States Coast Guard: a. Each job specialty has specific requirements related to the conduct and personal moral history a person can/cannot have. There is an entrenched “norm” of not relying on former military leaders to run the department. Bush in 2014 (U.S. Navy photo). The waiver procedure is the process of you pleading with the military to make an exception in your particular case. It is used when there is a final finding by a court or other authority (ex: arbitration) that results in conviction or adverse adjudic… Published by the Lawfare Institute in Cooperation With, President-elect Biden, like President Trump before him, has chosen to nominate a well-regarded retired four-star general (Lloyd Austin III) to serve as his first secretary of defense. One military-oriented publication notes that the Marine Corps handed out more waivers for medical issues in 2017 than for issues related to misconduct or legal trouble. Moreover, while the, So, the Senate has three choices. Some of these questions are generic, asking what any secretary would, could or should do in certain specified conditions. Some supporters of Austin’s nomination emphasize that he would be the first Black American to serve in this position—a welcome and significant signal at a time of extraordinary public reckoning with racial injustice, including, A person who spends three or four decades in uniform is the “product of an all-absorbing institution as total in its way as the priesthood in the Catholic Church[,]” as noted scholar Eliot Cohen, A former high-ranking officer will militarize a cadre of key advisers and subordinates, creating an orbit of uniformed personnel trusted for their experience or existing personal relationships and comfort and relegating civilian expertise, judgment and perspective to the JV team—especially when there is, A now-politically dependent former general officer will politicize national security issues or those internal bureaucratic subjects for which technical expertise, not politics, is relevant. His most recent scholarly article, “Paved With Good Intentions? Box 80447 Conyers, Georgia 30013; Please allow at least 30 DAYS to process your application. Under certain conditions, many otherwise competent civilians, even with both civilian Defense Department and junior officer experience behind them, But just as there is no guarantee that a civilian will make a competent and valuable secretary, there is no guarantee that a retired general will make an incompetent one—one who is inherently dangerous to the health of the civil-military relationship. DFAS cannot waive debts from the following agencies. Second, they reflect a faith that foreordained catastrophe awaits because of the secretary’s previous employment as a career uniformed professional (the less categorical of the critics argue that it at least presents an unjustifiable risk). In other words, a Senate confirmation of a recently retired general as secretary of defense is a case-specific determination that this nominee—under the known and reasonably foreseeable circumstances—overcomes a satisfactory number of objections. Waivers can come quickly, or they can take a long time. When the consequences of administrative negligence, ineptitude, malfeasance or managerial toxicity are placed in the context of their effects on these organizations’ personnel and missions, the particular qualities and competencies of the aspiring nominee are of paramount concern. If you believe you are eligible for a waiver, fill out a DD Form 2789 and return it to DFAS. … There is a long list of reasons why the military may disqualify a potential recruit: illegal activity, medical conditions, minimum height, and even age. These requirements are broadly the same for all branches of the military (including the Navy, the National Guard, the Marine Corps, the Coast Guard, and the Air Force). Most waiver/ETP dispositions are valid for one year. Even so, leaders may request a waiver on any individual; each waiver request will receive thorough consideration and a prompt response. We cannot process your waiver request form if you dispute your debt. To be eligible for waiver, the debt must be the result of an erroneous payment of pay or allowances. The Military Entrance Processing Station (MEPS) may have already permanently disqualified the individual, or is concerned they may have a condition which force them to … The sidebar navigation button for your specific situation for further details regarding submission your... 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