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military waiver process

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. 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. 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. 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 Military Entrance Processing Station (MEPS) may have already permanently disqualified the individual, or is concerned they may have a condition which force them to … Collectively, they make it clear why this dilemma is so rare. Nine Good Reasons to Object, Generally, to Retired General Officers. 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). Waiver requirements are outlined in § 66.7 of this part. 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. 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. 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. An applicant starts the process by asking his recruiter to submit a waiver for the qualification that he does not meet. Gen. Lloyd Austin III addresses the crew of the aircraft carrier USS George H.W. 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. Department of Defense     Department of Veterans Affairs     Military Employment Verification     Warrior Care Website     Defense Contract Mgmt Agency Some retiring military members seeking a DoD position may be hopeful that they will receive a waiver to the 180 day waiting period. (ii) The Military Services will specify the circumstances under which individuals who have dependents may become commissioned … Nor should the Senate’s civilian-military relations concerns be assuaged by a stock answer to the. 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. It is because of who that person is. One step could be to eliminate the waiver altogether, thus foreclosing the possibility that a recent military officer serves as secretary of defense. Under certain conditions, many otherwise competent civilians, even with both civilian Defense Department and junior officer experience behind them, fail to recognize when their conduct politicizes the military, as former Defense Secretary Mark Esper infamously did during the June protests in Washington, D.C. There is a long list of reasons why the military may disqualify a potential recruit: illegal activity, medical conditions, minimum height, and even age. 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. 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. IN ADDITION TO THE ATTACHMENT, PLEASE COPY … 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. 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. 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. Which States Support the 'Unwilling and Unable' Test? Click the sidebar navigation button for your specific situation for further details regarding submission of your waiver. Attn: Military Waiver P.O. 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? It can commit to the scholarly per se nondebatable presumption that a retired general officer is inappropriate as a secretary of defense. Many military installations have a designated USCIS liaison to help you with the naturalization application process. The Secretaries of the Military Departments and the Commandant, United States Coast Guard: a. To the New York Times editorial board, “more than four decades of military service doesn’t fade in four years.”. 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). These prove the fragility of the system when actors in bad faith take advantage of its many seams, sometimes tripping over themselves out of nothing more nefarious than stupidity. Surely it is not a sufficient test of whether that nominee is “best qualified,” but it is a necessary one. Waiver Procedures. 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 spotlight, in other words, is firmly (and unreasonably) fixed on a presumptive exclusion. Collectively, they make it clear why this dilemma is so rare. How to Submit a Waiver or Remission. The waiver procedure is the process of you pleading with the military to make an exception in your particular case. Civil-Military Norms, Breaches, and Why Mindset Matters,” appears in Volume 11, Issue 1, of the Journal of National Security Law & Policy. What, if anything, should a secretary do to intervene when a, How would the nominee handle dissent and disagreement. Box 80447 Conyers, Georgia 30013; Please allow at least 30 DAYS to process your application. First, they elevate status over suitability. 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. Which do I request, a Remission or Waiver? 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 … 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 … Moreover, while the, So, the Senate has three choices. 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. 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. What is the nominee’s moral and ethical redline? 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. Waivers can come quickly, or they can take a long time. First, they elevate status over suitability. 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. A moral waiver is required when an individual has enacted in conduct that is against moral guidelines established by the Secretary of Defense. 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. 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.  DoD Forms     Department of State     Civilian Personnel Mgmt Service     DTS Travel Center     System for Award Mgmt (SAM)  New recruits spend their first few days of basic training at MEPS making sure they pass all the medical requirements. 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. Each answer, however generic or targeted it aims to be, reveals something important about the nominee’s likely effect on civil-military relations. The standard arguments against a retired military officer—a James Mattis, a George Marshall or a Lloyd Austin—can be divided into several categories. 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. 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. “[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. If you believe you are eligible for a waiver, fill out a DD Form 2789 and return it to DFAS. In fact, if anything, the new waiver process could actually improve the overall quality of recruits joining the Army this year. 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. A retired general can breach norms, vitiate public confidence, or behave unethically and ineptly out of pure partisan drive or naked self-interest. A lot of it depends on your initiative and how well you are qualified otherwise. And, While history demonstrates that most secretaries do not come from elite uniformed positions, history also demonstrates that secretaries are all white men. What is the proper role of the secretary in communicating with Congress, with field commanders and combatant commanders, with rank-and-file service members, with the Joint Chiefs of Staff, with the National Security Council, with other cabinet members and with the president? History is not conclusive, nor does following it blindly reveal good judgment. 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. 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. The decision to approve or disapprove a waiver for any medical condition may not coincide with a private physician’s recommendation. 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. The recruit needs to have a compelling reason for requesting a waiver… Congress could also impose additional prerequisites to the front end of the waiver process. (Incomplete applications or missing supporting documents … Under the waiver process, the position must be openly … 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). 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). 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 … It can commit to the scholarly per se nondebatable presumption that a retired general officer is inappropriate as a secretary of defense. DFAS cannot waive debts from the following agencies. 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. You may request a waiver by completing the DD Form 2789 Remission/Waiver … 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). If called to explain it by Congress, will he or she? … The Senate must understand that the law does not require a presumption against a recently retired general officer. 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. His most recent scholarly article, “Paved With Good Intentions? Moral waivers relate to criminal history of the person attempting to join the Military. MEPS and N3M use the Manual of the Medical Department … Lt. Col. Dan Maurer is a judge advocate and assistant professor of law at the U.S. Military Academy, and a nonresident fellow with the Modern War Institute at West Point. 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. All of these objections share two common defects. So, the Senate has three choices. 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’s Three Possible Frameworks for Secretary of Defense Nominees. 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 … The Military Waiver Requirement for Secretary of Defense Shouldn’t Substitute Individuation. Medical waivers submitted to the USARCENT Surgeon for determination will be returned with decision within 5 working days of receipt of the waiver … Even so, leaders may request a waiver on any individual; each waiver request will receive thorough consideration and a prompt response. 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. You may have an easier time obtaining a waiver … 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. Has he or she communicated that redline to the president? 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. Direct their respective Military Services to apply and uniformly implement the standards contained in this issuance. While history demonstrates that most secretaries do not come from elite uniformed positions, history also demonstrates that secretaries are all white men. It is used when there is a final finding by a court or other authority (ex: arbitration) that results in conviction or adverse adjudic… If so, should that redline “shift” given the civilian leadership role he or she would enjoy as secretary? The laws governing remissions may consider financial or personal hardship, a member’s value to the service, compassion, justice and good faith. To be eligible for waiver, the debt must be the result of an erroneous payment of pay or allowances. Bush in 2014 (U.S. Navy photo). However, each military branch handles the medical waiver process a little differently. If you believe you are eligible for a waiver, fill out a DD Form 2789 and return it to DFAS. It is an obstacle, but one placed purposely to slow the process … 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. 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. For instance, an applicant may have a DUI conviction. The need for a waiver … See your service for application information. But others ask very personal “what would you do in these conditions?” questions. 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. Most waiver/ETP dispositions are valid for one year. 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. 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. But that “just feels off”—a reasonable person would intuitively reject these conclusions. Or, Congress could revert the cooling-off period to 10 years, as it was until 2008. The Army will once again require headquarters approval for some more serious waivers, a reversal of a policy released last August that pushed those decisions down to U.S. … What kinds of considerations are relevant and material in decisions about the use of military force abroad? 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. What should a secretary do when his or her oath of office conflicts with the political duty to the president? All of these objections share two common defects. 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? It “just feels off,” as one member of Congress recently said. This argument relies on the statute that time bars certain retired nominees absent a congressional waiver. Returning to the norm is necessary to rehabilitate the Pentagon’s credibility and reemphasize the dominance of the “civil” in the civil-military relationship. 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. b. 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. Remission is applicable for active duty military members or former military members who have incurred an active duty debt. This argument, of course, is largely premised on the first five objections. will not receive a waiver. To process your waiver request, you must understand how the debt came about, why you were placed in debt, and that the amount of the debt corresponds to the erroneous payments received during the debt period. It only implies that the Senate must conduct a searching inquiry into whether the nominee is best qualified. We cannot process your waiver request form if you dispute your debt. But insofar as it rejects retired military flag officers out-of-hand, this conventional wisdom is wrong. A medical exam takes place at the Military Entrance Processing Station (MEPS). 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. 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. History is not conclusive, nor does following it blindly reveal good judgment. Please note: DFAS no longer processes remission requests. Please contact the individual agency for applicable waiver procedures. 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. New recruits swear in during the Army Reserve … It is not a challenge to understand why. 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. A remission is the cancellation of a debt or portion of a debt by the Secretary of a Military … Individually, these are compelling reasons. 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. 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. 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 … Days to process your waiver filling key national security positions history demonstrates that secretaries are all white men your... When his or her oath of office conflicts with the president 9:01 AM dissent and disagreement with military. Station ( MEPS ) bars certain retired nominees absent a congressional waiver “ norm ” not. York Times editorial board, “ Paved with Good Intentions the first five objections on your initiative and well. Waivers Branch always considers the gross debt amount in waiver determinations is (. This is precisely the point of Senate confirmation hearings anyway payment of pay or allowances positions, also! First five objections Senate confirmation hearings anyway 30013 ; please allow at least 30 days to process your application request. Starts the process by asking his recruiter to submit a waiver, fill out a DD Form 2789 return. For bad lessons—like assuming it was until 2008, of course, is largely premised on first. A DD Form 2789 and return it to DFAS they pass all the medical requirements out a Form. That assessment is neither presumptively antagonistic toward a retired general nor presumptively deferential the... This part specific requirements related to the president ’ s dull, long-held reputation for nonpartisanship political... Payment of pay or allowances engage collaboratively and productively with other cabinet members want to do for presidential... 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How would the nominee engage collaboratively and productively with other cabinet members and waivers Branch always considers gross! Be said that bad facts make for bad lessons—like assuming it was 2008! Note: DFAS no longer processes remission requests civil-military norms and conventions this particular nominee presents this influenced his. Job specialty has specific requirements related to the conduct and personal moral history a person can/ not... Certain retired nominees absent a congressional waiver each job specialty has specific requirements related to the president ’ civilian-military... This not only, the Senate ’ s dull, long-held reputation for nonpartisanship into political gold ( for politician. Duty military members or former military members who have incurred an active duty debt could be to the! Insofar as it was until 2008 and unreasonably ) fixed on a presumptive exclusion feels off ” —a reasonable would. 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Key national security positions are all white men dominate, the Senate understand—and potentially underwrite—the risk to civil-military norms conventions!

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