19 dec2020
military waiver process
Returning to the norm is necessary to rehabilitate the Pentagon’s credibility and reemphasize the dominance of the “civil” in the civil-military relationship. 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. ALL WAIVER REQUESTS WILL BE SUBMITTED TO PERS-451 VIA E-MAIL (PERS451@NAVY.MIL) FOR FINAL ADJUDICATION BY PERS-4. 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. (ii) The Military Services will specify the circumstances under which individuals who have dependents may become commissioned … The mere fact that a separate vote for a waiver is needed is not evidence that it is to be given sparingly under only the most drastic and dire of emergencies (if Congress thought so, it would have said so). In other words, the individual’s civilian status is a superficial status. “[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. To be eligible for waiver, the debt must be the result of an erroneous payment of pay or allowances. Or, similarly, that the director of the CIA should be someone with no institutionalized perspective on intelligence gathering, analysis and production. Most waiver/ETP dispositions are valid for one year. Waiver/ETP requests are approved individually and based on the needs of the Army. It is used when there is a final finding by a court or other authority (ex: arbitration) that results in conviction or adverse adjudic… A moral waiver is required when an individual has enacted in conduct that is against moral guidelines established by the Secretary of Defense. 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. Is this influenced by his or her prior military experience? The Military Waiver Requirement for Secretary of Defense Shouldn’t Substitute Individuation. To what extent can the nominee leverage his or her existing relationships with military leaders or ministers of defense in partner, ally and competitor nations? Therefore, if you state in the DD Form 2789 that you dispute or are protesting the amount, validity or type of debt against your account we will return your application to you. 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. Collectively, they make it clear why this dilemma is so rare. 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. 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. Medical waivers submitted to the USARCENT Surgeon for determination will be returned with decision within 5 working days of receipt of the waiver … Please contact the individual agency for applicable waiver procedures. Waiver/ETP requests are submitted as part of … The Senate’s Three Possible Frameworks for Secretary of Defense Nominees. 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. New recruits swear in during the Army Reserve … 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. Waivers can come quickly, or they can take a long time. History is not conclusive, nor does following it blindly reveal good judgment. History is not conclusive, nor does following it blindly reveal good judgment. Moreover, while the statute itself establishes the waivable seven-year gap requirement, the statute does not say the waiver need be a “once-in- a-generation” grant, as Sen. Jack Reed said it ought to be in 2017. There is a long list of reasons why the military may disqualify a potential recruit: illegal activity, medical conditions, minimum height, and even age. Has he or she communicated that redline to the president? All of these objections share two common defects. … Which it should want to do anyway. Each answer, however generic or targeted it aims to be, reveals something important about the nominee’s likely effect on civil-military relations. What does this mean to you? That assessment is neither presumptively antagonistic toward a retired general nor presumptively deferential to the president’s preferences. 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). We cannot process your waiver request form if you dispute your debt. So, the Senate has three choices. But insofar as it rejects retired military flag officers out-of-hand, this conventional wisdom is wrong. 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). The standard arguments against a retired military officer—a James Mattis, a George Marshall or a Lloyd Austin—can be divided into several categories. b. 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. The waiver procedure is the process of you pleading with the military to make an exception in your particular case. 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). The spotlight, in other words, is firmly (and unreasonably) fixed on a presumptive exclusion. 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. What, if anything, should a secretary do to intervene when a, How would the nominee handle dissent and disagreement. 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. Moreover, while the, So, the Senate has three choices. 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. IN ADDITION TO THE ATTACHMENT, PLEASE COPY … 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. It can commit to the scholarly per se nondebatable presumption that a retired general officer is inappropriate as a secretary of defense. If you believe you are eligible for a waiver, fill out a DD Form 2789 and return it to DFAS. But that is not how the requirement should be read at all. 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 … And, While history demonstrates that most secretaries do not come from elite uniformed positions, history also demonstrates that secretaries are all white men. A remission is the cancellation of a debt or portion of a debt by the Secretary of a Military Department. Direct their respective Military Services to apply and uniformly implement the standards contained in this issuance. It is not at all surprising that both President-elect Biden and Austin have launched a charm offensive to quell lingering concern and reluctance on both sides of the partisan divide. Military, not civilian, perspectives will dominate, the opposite of what should be the case. Tapping a retired general to lead the Department of Defense as the senior civilian taps into the public’s reservoir of “high esteem” for the military, allowing the president to drink credibility from that well. 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. It can commit to the scholarly per se nondebatable presumption that a retired general officer is inappropriate as a secretary of defense. 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. Despite the well-argued objections raised over Austin’s nomination, the Senate has an obligation to deal in good faith with all comers fairly—whether they wore stars on their uniform in the past seven years or not. Some of these questions are generic, asking what, Despite the well-argued objections raised over Austin’s nomination, the Senate has an obligation to deal in good faith with all comers fairly—whether they wore stars on their uniform in the past seven years or not. There is an entrenched “norm” of not relying on former military leaders to run the department. How will the nominee manifest his or her own dissent and disagreement with the president? It is what Congress should want to do for any presidential nominee, and certainly for those filling key national security positions. The law was waived … Waiver requirements are outlined in § 66.7 of this part. It is an obstacle, but one placed purposely to slow the process so that Congress can engage in a meaningful, deliberative assessment of the individual nominee’s background and qualities in full view of the “risk” to civilian control that the common objections above identify. This not only, The United States must avoid actions that “. Which States Support the 'Unwilling and Unable' Test? Which do I request, a Remission or Waiver? 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. 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. Once the application has been submitted via DTMS, remission applications will remain with HQMC/RF, and waiver applications will be forwarded, via DTMS, to the Defense Finance and Accounting Service to process. 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 because of their military experience. If called to explain it by Congress, will he or she? It “just feels off,” as one member of Congress recently said. The conventional wisdom among most scholars of civil-military relations is that the United States should never have a retired military general or admiral serve in the political position of secretary of defense, and that two such cases in consecutive administrations is just a shade short of setting a terrible precedent. Retired general officers like Austin clearly excelled in very narrow, tactically focused decision-making; Congress felt pretty strongly about keeping retired flag officers out of the job, Tapping a retired general to lead the Department of Defense as the senior civilian. After Trump’s election, some observers did, 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. Gen. Lloyd Austin III addresses the crew of the aircraft carrier USS George H.W. 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. 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. Such a holistic evaluation is the intent of the waiver process, but three-quarters of disqualified applicants never apply for one or, more commonly, they are never allowed to apply. All of these objections share two common defects. 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. Authorize the medical waiver of the standards in individual cases for applicable reasons and ensure uniform waiver … 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 … Moral waivers relate to criminal history of the person attempting to join the Military. 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. 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. Congress could also impose additional prerequisites to the front end of the waiver process. Tuesday, December 22, 2020, 9:01 AM. This argument relies on the statute that time bars certain retired nominees absent a congressional waiver. What should a secretary do when his or her oath of office conflicts with the political duty to the president? Remissions and Waivers Branch always considers the gross debt amount in waiver determinations. 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. First, they elevate status over suitability. 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). What is the nominee’s moral and ethical redline? This turns the military’s dull, long-held reputation for nonpartisanship into political gold (for the politician). For instance, an applicant may have a DUI conviction. See your service for application information. 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. To what extent can the nominee engage collaboratively and productively with other cabinet members? Surely it is not a sufficient test of whether that nominee is “best qualified,” but it is a necessary one. 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. Many military installations have a designated USCIS liaison to help you with the naturalization application process. 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). The laws governing remissions may consider financial or personal hardship, a member’s value to the service, compassion, justice and good faith. Many military families with special needs know the ins and outs of applying for state Medicaid waivers and the frustration of reaching or getting closer to the top of the waiting list, only to PCS and start the process … Or, Congress could revert the cooling-off period to 10 years, as it was until 2008. DFAS cannot waive debts from the following agencies. MEPS and N3M use the Manual of the Medical Department … What kinds of considerations are relevant and material in decisions about the use of military force abroad? 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. Far from being simply a rubber stamp, the confirmation hearing must be thought of as a hiring committee charged with determining if the candidate is the most qualified. Waivers for entrance into the military are available, but they are not easy to obtain. Or instead, as I think is more rational and still consistent with the seven-year waiting period established by law, the Senate can, and should, commit to having no presumption at all—the arguably harder task of weighing the individual’s merits and demerits holistically informed by the risk of, 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. 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. Others focus their support for this nomination on Austin’s specific background, combat experience and other qualities, including that Biden already voiced trust in Austin’s capacities. To be eligible for waiver, the debt must be the result of an erroneous payment of pay or allowances. Or instead, as I think is more rational and still consistent with the seven-year waiting period established by law, the Senate can, and should, commit to having no presumption at all—the arguably harder task of weighing the individual’s merits and demerits holistically informed by the risk of the nine abstract concerns listed above. 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. DoD Forms Department of State Civilian Personnel Mgmt Service DTS Travel Center System for Award Mgmt (SAM) Remission is applicable for active duty military members or former military members who have incurred an active duty debt. To what extent does the nominee value the expertise of civilian members of the Defense Department, across a range of disciplines and subject matter—from intelligence analysis, to budget analysts, to acquisitions and research, to strategy and policy, to uniformed personnel matters such as pay, quality of life, discrimination, crime and assignment opportunities? The first thing you need to do is to understand exactly why you are in debt. Department of Defense Department of Veterans Affairs Military Employment Verification Warrior Care Website Defense Contract Mgmt Agency Originally put into law in 1964, the 180-day waiting policy was intended to make sure that there wasn’t a “revolving door” in the hiring process at the DoD. You do not have to agree that you should have to pay the debt back, but you must agree that the debt is valid against your pay account. The decision to approve or disapprove a waiver for any medical condition may not coincide with a private physician’s recommendation. However, each military branch handles the medical waiver process a little differently. It is not a challenge to understand why. Some retiring military members seeking a DoD position may be hopeful that they will receive a waiver to the 180 day waiting period. The Senate must understand that the law does not require a presumption against a recently retired general officer. 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 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 … New recruits spend their first few days of basic training at MEPS making sure they pass all the medical requirements. Prior employment is one factor and feature and ought not necessarily be dispositive. A medical exam takes place at the Military Entrance Processing Station (MEPS). This is precisely the point of Senate confirmation hearings anyway. And that is the problem with the majority opinion to date that criticizes the Austin nomination on these civil-military relations grounds: It dims the consideration of relevant and material questions other than the nine objections noted above. Instead, both history and the statute should be read as implying a different requirement altogether: that the nominee’s background, professional experience and potential be weighed against nominee-specific concerns that might be drawn from the standard civil-military relations objections noted earlier. The Secretaries of the Military Departments and the Commandant, United States Coast Guard: a. 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. Bush in 2014 (U.S. Navy photo). Attn: Military Waiver P.O. 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. But others ask very personal “what would you do in these conditions?” questions. … A politically appointed civilian “principal” with no familiarity with the institutional culture of the military—and how it influences the “advice, action, and ability” of its members—risks imposing demands on the military that are drawn from cartoonish, incomplete or unrealistic expectations. 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. 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. Even so, leaders may request a waiver on any individual; each waiver request will receive thorough consideration and a prompt response. Individually, these are compelling reasons. In fact, if anything, the new waiver process could actually improve the overall quality of recruits joining the Army this year. Click the sidebar navigation button for your specific situation for further details regarding submission of your waiver. A lot of it depends on your initiative and how well you are qualified otherwise. By Dan Maurer. Individually, these are compelling reasons. Not all medical conditions are eligible for a medical waiver. Civil-Military Norms, Breaches, and Why Mindset Matters,” appears in Volume 11, Issue 1, of the Journal of National Security Law & Policy. First, they elevate status over suitability. An applicant starts the process by asking his recruiter to submit a waiver for the qualification that he does not meet. Under the waiver process, the position must be openly … 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. 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. 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). How to Submit a Waiver or Remission. The need for a waiver … 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. Each job specialty has specific requirements related to the conduct and personal moral history a person can/cannot have. But so might a civilian. The recruit needs to have a compelling reason for requesting a waiver… 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. Waiver Procedures. 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. It is because of who that person is. His most recent scholarly article, “Paved With Good Intentions? 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. A searching inquiry into whether the nominee engage collaboratively and productively with other cabinet members unique... 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