Civil-Military Relations in Transitions: Behavior of Exiting Senior Officers Charles D. Allen United States Army War College Carlisle, Pennsylvania Presented at 24th World Congress of International Political Science Association Poznan, Poland July 26, 2016 DO NOT CITE OR DISSEMINATE WITHOUT PERMISSION OF AUTHOR Contact [email protected] Allen, Charles D. Civil-Military Relations in Transitions Civil-Military Relations in Transitions: Behavior of Exiting Senior Officers As President Obama’s administration transitions and ends in January 2017, it will have installed new uniformed military leadership at the most senior levels across the Department of Defense. This includes the replacement of the Chairman of the Joint Chiefs of Staff (CJCS), the Vice Chairman (VCJCS) by the end of fiscal year 2015 and each of the service chiefs by October 2016. Over the course of the last term of the Obama administration, these senior officers have engaged with both the executive and legislative branches of the U.S. government in the exercise of civil-military relations. At times, it has been contentious with the President on the development of policies and strategies for military operations in Iraq and Afghanistan. It has also been touchy with Congress in the face of sequestration measures based on the Budget Control Act of 2011 (BCA 2011).1 Current civil-military relations challenges in the face of strategic uncertainty and fiscal austerity exist not only with the national military strategy but also with the ability to execute it through readiness, force structure, and modernization of the joint force and its service components. Understandably, there is concern on how the incoming cohort of senior officers will fare, not only in the area of global security area, but also amid the realm of domestic politics.2 The focus of the paper is to examine the civil-military relations (CMR) behavior of the most senior military officers as they transition out of their senior leadership positions and assignments and the legacy left to their successors. Key questions to address are: Has there been a change in CMR behavior of these leaders? Are their once privileged and private conversations now public and 1 Working paper Allen, Charles D. Civil-Military Relations in Transitions more strident? What are factors that correspond to changes in CMR behavior of senior uniformed members? Research source materials include congressional testimony, press conferences and media engagements, as well as news reports and journalist accounts of statements by senior military leaders. From the inception of the nation, our U.S. military has struggled to find the proper balance of civil-military relations, even before there was a body of literature for it. General George Washington as commanding general of the fledging U.S. Army addressed its officers in Newburgh, New York to quell the Newburgh Conspiracy.3 When Congress of the Confederation debated not keeping the commitment for back pay and pensions, officers threatened to not disband the standing army. Some proposed to march on the capital in munity to demand their due. Washington’s March 1783 speech at the New Windsor Cantonment reminded the officers of their professional obligation to the civilian leaders of the nation. In his final speech as the military commander in chief seven months later, Washington reinforced the principle of duty and subordination to the new government and its Congress. He modeled the expected behavior by resigning his military commission in December 1783.4 At the onset of the American Civil War, President Lincoln wrestled with two problems. The first was finding the strategy to defeat the southern secessionists (he refused to refer to “The Confederacy”) in order to preserve the Union. The second would prove more daunting – to find the general who would execute such strategy and defeat the forces of the secessionist states. For a time, that officer was General McClelland who had served as the General-in-chief for the Union Army and then commanded the Army of the Potomac. While President Lincoln had selected a strategy, 2 Working paper Allen, Charles D. Civil-Military Relations in Transitions McClelland in practice did not agree with it and that showed in his failure to aggressively bring the enemy to battle. Upon his relief from command, McClellan actively challenged the President while in uniform and even became the Democratic political rival in the election campaign of 1864 with his platform to end the war through negotiations with the Confederate States of America. Arguably, General George C. Marshall is the exemplar of civil-military relations and behavior. As Chief of Staff of the Army at the start of the Second War World until its conclusion, he established a relationship built on confidence and trust with two presidents—Roosevelt and Truman—as well as with Congress. While candidly blunt in his analysis and advice to civilian leaders,5 Marshall clearly understood their authority as established in the U.S. Constitution.6 As historian Mark Stoler titled his book, Marshall was the “Soldier-Statesman for the American Century,” having continued his service to the nation as Secretary of State and then Secretary of Defense. If Marshall is the exemplar, then General Douglas MacArthur also a former Army Chief of Staff provides the counter-example of inappropriate civil-military behavior. As the national hero and savior of the Pacific theater in the Second World War, MacArthur was called upon to render a miracle to stop and reverse the 1950 North Korean invasion of South Korea as the Commander-in-Chief United Nations Command and Supreme Commander for the Allied Powers. When felt constrained by President Truman on the war strategy in the theater of operations, he was dismissive of “temporary occupants of the White House”7 who got in the way of military experts. MacArthur violated direct guidance from the President in speaking out to the press and threatening offensive operations against Chinese forces. After his relief from command and forced retirement, 3 Working paper Allen, Charles D. Civil-Military Relations in Transitions MacArthur held court in Congress to deliver his farewell address detailing the risks of political indecision and presidential restraints in the Korean campaign that precluded decisive military operations.8 Like McClelland in the prior century, MacArthur was insubordinate toward his commander in chief and once had presidential aspirations; he did not intend to “just fade away.”9 For military officers, the detailed examination of military campaigns and the generals and admirals that lead them is part of their professional studies. The cases of the four generals—Washington, McClellan, Marshall, and MacArthur—are familiar to Army officers. Perhaps more important for their education in the profession of arms is the study of civil-military relations. From the Second World War and Korean War emerged the prescriptive models and theories of civil-military relations by Samuel Huntington10 and Morris Janowitz.11 While military leaders seem to embrace Huntington’s “principle of objective civilian control,” it is rare practice for civilian leaders to simply assign missions, provide resources to the military, and then defer planning and execution to military professionals. Implicit in the principle is loyalty to the Commander-in-Chief and the Secretary Defense, demonstrated by military leaders who “stay on message.” The question posed by Huntington remains--“What is the proper course of professional behavior when called before a congressional committee and invited to criticize the President’s recommendations?”12 As challenging is Janowitz’s call for military leaders to become political agents who exert their out-sized influence on the national policy formulation and strategic decision making. His theory posited the 4 Working paper Allen, Charles D. Civil-Military Relations in Transitions necessity that military leaders “must make the management of an effective military force compatible with participation in political and administrative schemes.”13 Contemporary political scientists challenge the precepts of the earlier predominant theories. Eliot Cohen argues that, in practice for democracies, there is subjective control of the military aligned with the principle of civilian control—what he has coined as “an unequal dialogue” between the head of state and the most senior uniformed military leader.14 Peter Feaver has reframed the civil-military relationship as a principal-agent problem whereas the civilian principal leaders have limited knowledge and expertise on the employment of military power and thus must engage and manage their uniformed military agents.15 The management requires monitoring and taking action to realign the behaviors of military leaders to “work” goals of civilian political leaders rather than “shirk” for their service/military parochial interests. During the War on Terror, the assessments of Cohen and Feaver seem more reflective of civil-military behavior thus far in the 21st century. Accordingly, the actions of civilian leaders as principals resulted in the forced retirements and firing of several senior military officers.16 While Shields addresses civil-military relations theory from a public administration perspective, her focus on three areas are informative for military professionals, political scientists, and military sociologists. Specifically, Shields examines, “(1) the relationship between civilian elites and military leaders; (2) military leaders and their profession; [and] (3) military institution and society.”17 For this paper, civilian elites are those executive branch leaders who are the civilian service chiefs and the secretaries of defense to the President, who is the commander in chief of the U.S. 5 Working paper Allen, Charles D. Civil-Military Relations in Transitions military. Accordingly, the focal military leaders are the chiefs of the Armed Services, including the Commandant of the Marine Corps (CMC), the vice chairman of the Joint Chiefs of Staff (VCJS), and the Chairman (CJCS), who is the principal military advisor to the President and the Secretary of Defense. Another powerful group of civilian elites is comprised of members of Congress, especially those from committees that provide oversight – the Senate and House Armed Services Committees (SASC and HASC) – and those members who are responsible for resourcing decisions through their respective congressional Defense Appropriations Committees. Joint Chiefs of Staff (JCS) members differ substantively from warfighting commanders.18 Designated combatant commanders charged with developing and executing military strategies to support national policy and security strategy in their assigned regions and functions. Accordingly, they develop short-term perspectives on defense issues and design theater campaign plans to support national security interests; they have no direct roles in developing military budgets. In contrast, JCS/Service Chiefs are responsible for the Title 10 United States Code (U.S.C.) functions for the Armed Forces. Among other responsibilities, they must man, train, and equip forces provided to the combatant commanders. In effect, they are responsible for the long-term health and well-being of their respective services. While the JCS members support the short-term needs of combatant commander, they must remain focused on mid- and long-term capabilities of U.S. military forces writ large. As the most senior member of the JCS, the Chairman’s four roles specified in Title 10 are to assess, advise, direct and execute, and parallel the roles of the service chiefs. 6 Working paper Allen, Charles D. Civil-Military Relations in Transitions Proper civil-military relations in DOD are enabled by dialogue, debate, and eventual consensus in the form of best military advice that is presented by its senior leaders—the Secretary of Defense and the CJCS—to the nation’s commander-in-chief and chief executive, the President of the United States. The interactions between executive branch leaders and uniformed senior officers are only two legs of the civilmilitary relations trinity. Embedded in our constitutional form of a democratic government is the tension between the commander-in-chief’s charge to lead the armed forces and the Congress’s responsibility to provide funds to resource our military. Additionally, Congress has the constitutional responsibility to provide oversight of the military through legislation. The military leaders of the JCS have a depth and breadth of experience that is formidable. Often with three decades of uniformed service, they have commanded successfully at every level in either operational and/or institutional settings. Many have served as commanders of either combatant or sub-unified commands during the War on Terror, leaders of key organizations within their service, and in powerful staff positions in the Pentagon. Their past performance stood scrutiny for presidential appointment and the congressional confirmation to become members of the JCS. An explicit consideration in their vetting is not only will they provide best military advice to the chief executive but also convey their candid assessment to Congress, even when not in consensus with the other joint chiefs and, importantly, when different than the president. There have been several challenges to these two aspect of civil-military relations in the 21st century that have led historian Richard Kohn to propose six myths:19 1. “Everything is fine in the relationship” 7 Working paper Allen, Charles D. Civil-Military Relations in Transitions 2. “Civil-military control is safe, sound, and inviolate—No coup, no problem” 3. “There exist a clear bright line between military and civilian responsibilities” 4. “The military in non-partisan and apolitical” and “The military is political and politicized” 5. “There is a covenant between the military and the American people” 6. “Civilian control is understood by both sides in the relationship and the American people” There are a few examples that provide evidence of Kohn’s myths in the 21st century and their associated challenges. In February 2003, Army Chief of Staff Eric Shinseki, under direct questioning by the Senator Carl Levin of the SASC, responded that “several hundred thousand soldiers” would be needed to provide security for Iraq following major combat operations.20 This statement was contrary to the strategy endorsed by Secretary of Defense Donald Rumsfeld. Though Shinseki completed his full term as Army chief, he was effectively marginalized by Secretary Rumsfeld as punishment for being off message. At the end of his tenure, Shinseki provided the secretary a “Personal For” memorandum that explained the intent behind his answer given to Senator Levin and the SASC.21 Noticeably absent from Shinseki’s retirement ceremony, had Rumsfeld attended, he would have heard the farewell speech’s caution to “beware the 12-division strategy for a 10-division force Army,”22 challenging the strategy-resource mismatch of the defense secretary. Service chiefs are providers of manned, equipped, and trained forces to the combatant commanders. Accordingly, Shinseki was a supporting service for multiple theaters during his tenure, and importantly for that of General Tommy Franks. For the 8 Working paper Allen, Charles D. Civil-Military Relations in Transitions major combat operations of the new 21st century, General Franks headed the U.S. Central Command (CENTCOM) for the 2001 invasion of Afghanistan and the 2003 invasion of Iraq. As a combatant commander leading the main warfighting headquarters, Franks became frustrated with his Pentagon-based colleagues and derided the service chiefs as “Title 10 Rear Echelon M**Fs [REMFs].”23 Regarded as a hero following the speedy takedown of the Taliban and Saddam Hussein regimes, Franks retired in July 2003. During the 2004 presidential campaign, he actively endorsed President George W. Bush at the Republican National Convention.24 While not a service chief, General David McKiernan was well respected as an Army leader, having served as the land component commander for the 2003 invasion of Iraq, then subsequently as the commanding general of the United States Army Europe (USAREUR). From that position, he was charged to lead the U.S. and North Atlantic Treaty Organization (NATO) effort as the Commander International Security Assistance Forces (COMISAF) and U.S. Forces in Afghanistan. As the U.S. war strategy in Afghanistan changed under the new Obama administration, McKiernan disagreed on how to implement it. When challenged and asked to retire quietly, McKiernan reportedly replied, “You’re going to have to fire me.”25 He became the first U.S. general officer fired from an active theater of war since MacArthur in Korea. In his retirement ceremony, McKiernan’s message to military profession included, “What counts the most are reputation and…decisions based on missions and taking care of troops and their families.” His farewell speech acknowledged Huntington’s principle of civilian control saying, “But, I’m a soldier and I live in a democracy and I work for political leaders. And when my political leaders tell me, it’s time to go, I must go.”26 9 Working paper Allen, Charles D. Civil-Military Relations in Transitions JCS historian, Steven Rearden in Council of War offers that the most important task of the CJCS is to manage civil-military relations through the transition of civilian leadership.27 This applies to the appointment of new secretaries of defense, secretaries of the armed services, and changes in leadership within the U.S. Congress, such as following congressional elections when majority leadership for SASC and HASC shifts. Notably, presidential appointees to senior defense positions and those elected to Congress (currently less than one in five) have limited military experience and thereby rely on the advice provided by their military experts. Arguably, trust and confidence are extended initially to senior military leaders, and are continually tested throughout the civil-military relationship. As military leaders seek to provide the capability and capacity to perform explicitly assigned missions, there continues to be a strategy-to-resource mismatch. Accordingly, defense officials have sought to gain resources for the spectrum of assigned missions, or relief from specific missions commensurate with the level of resources provided by the nation in its defense budget. Accordingly, a persistent concern of defense leaders is the requirements of the Budget Control Act of 2011 (BCA) that threatens cuts to defense spending by emplacing budget caps if national debt reduction measures are not taken.28 Faced with the very real prospects of sequestration in 2013, the Joint Chiefs of Staff signed and sent a memorandum to Congress imploring it to pass a budget rather than emplace temporary spending measures through another Continuing Resolution.29 While sequestration was enacted for a period in 2013, Congress subsequently passed Bipartisan Budget Acts in 2013 and 2015 to delay defense cuts by two-year increments. Part of the military leader engagements with 10 Working paper Allen, Charles D. Civil-Military Relations in Transitions Congress were calls to allow the military professionals to determine how defense cuts would be applied, rather than by a non-discerning decree of legislation. As JCS members transition out of their positions, civil-military relations can be evaluated through a framework of not only what they do, but also how they do it. Several forums provide an opportunity to observe civil-military relations. Pentagon press briefings and issued statements are routine communications with recurring frequency and set formats to share information with the American public. They are also the venues to respond to existing crises or emerging concerns that have political or international interest involving the U.S. military. Also common are engagements with think tanks on policies and strategies still under development.30 These sessions are used to socialize concepts and initiatives with civilian elites who are outside of government and active contributors to the national security debate and policy development. Other important forums are the service-related professional meetings and symposiums used by senior officers to advocate on the behalf of the military. Service Secretaries and Chiefs of Service provide keynote speeches at such gatherings to connect with and garner support from myriad stakeholders who wield great influence with U.S. government representatives on defense issues and the American people.31 Graduation speeches at service academies and senior level colleges (SLCs)32 also provide a unique opportunity for senior military leaders to set expectations of newly commissioned officers, affirm institutional values with members of the profession of arms, and announce policy initiatives. An additional outlet is through communications presented in official publications, like Joint Force Quarterly (under the auspices of CJCS and the National Defense 11 Working paper Allen, Charles D. Civil-Military Relations in Transitions University), The Naval Proceedings (US Naval War College), and service-related magazines like ARMY, which are the products of service associations. Other publication venues are influential scholarly journals such as Orbis and Foreign Policy. Publishing in national press, like Wall Street Journal or New York Times is likely to garner immediate attention with the breadth of distribution. The more formal and official civil-military venue is congressional testimony, whether for the annual budget or oversight hearings. While routine, directed by law, and consistent in timing, senior military leader testimonies generally reflect the military’s corporate agreement aligned with presidential priorities as presented in the defense portion of the federal budget request. In conjunction with the budget discussions are readiness hearings from the Title 10 providers and updates from the combatant commanders. Oversight hearings address functional concerns (i.e., acquisition programs) or items of special interests to Congress, like the effectiveness of operational strategies in a regional theater. Of special interest and potential controversy are the farewell addresses of senior military leaders as they transition out of their prominent positions and into retirement. The purpose of such statements may be to reinforce current policies, strategies, and priorities; to inform, extend awareness and compel action on an unresolved issue; to provide a glide path to the successor; or to “clear the deck” of contentious issues for the next service chief or chairman. The aforementioned cases of farewell addresses by Generals George Washington, Eric Shinseki, and David McKiernan provide such examples. 12 Working paper Allen, Charles D. Civil-Military Relations in Transitions This paper’s focus on the behavior of transitioning senior leaders starts with materials available approximately one year prior to the leaders’ nominal release at the end of the fiscal year in October. Thus said, there is a sequence of key events and consistent battle-rhythm. In August, JCS members submit their service budget requests for one year later. In October, service chiefs begin the new fiscal year with engagements for their service associations’ annual meetings. For the following months, services and the joint staff work the defense programming and budgeting processes within the executive branch, which becomes part of the President’s Budget submission to Congress in early February. March through June has the series of hearings for senior defense officials and military officers with Congressional committees. Senior military leader transitions are completed by change of responsibility and retirement ceremonies in the summer months—they may be preceded by graduation speeches, final press and media interviews, and publication of essays by the senior military leaders. Contemporary Issues Over the concluding term of the Obama administration, several defense issues persist and rely on the advisement of the senior military leaders of JCS. Figure 1 lists the last cohort, their positions, and key assignments, which serve as the foundation for their expertise. Among the enduring defense requirements are developing an effective National Defense Strategy supported by National Military Strategy to protect and advance U.S. national security interests.33 Development of such strategic documents has been of great importance with ongoing conflicts in Iraq and Afghanistan, especially after the declared end of combat operations in those theaters. The resurgence of the Taliban and Al-Qaeda as well as the emergence of Islamic State in Iraq and the Levant 13 Working paper Allen, Charles D. Civil-Military Relations in Transitions (ISIL)34 have complicated the U.S. desire to rebalance its military forces and effort to the Pacific as outlined in the 2012 Defense Strategic Guidance.35 As problematic is the messy aftermath of the promising Arab Spring and the resulting lack of effective governance and security in the Middle East region. The complexity of the strategic environment challenges the nation’s ability to clearly present threats and to develop strategies with identified risks. Officer Gen Martin Dempsey Position Chairman, Joint Chiefs of Staff Adm James Winnefeld Vice Chairman, Joint Chiefs of Staff Gen Raymond Odierno Chief of Staff, Army Gen Joseph Dunford Commandant, US Marine Corps Adm Jonathan Greenert Chief of Naval Operations Gen Mark Welsh Chief of Staff, Air Force Gen Frank Grass Chief of National Guard Bureau Key Assignments Army Chief of Staff Army Training and Doctrine Command US Northern Command Dir, Strategic Plans and Policy (Joint Staff) US Joint Forces Command US Forces‐Iraq Assistant to Chairman Joint Chiefs of Staff Vice Commandant, US Marine Corps US Marine Forces Command Vice Chief of Naval Operations US Fleet Forces Command US Pacific Command US Air Forces Europe Associate Director Central Intelligence Agency Deputy Commander, US Northern Command Deputy Director, National Guard Bureau Figure 1: Joint Chiefs of Staff positions and assignments The venue of choice for senior military leaders to go “on the record” appears to be published articles and interviews. General Dempsey chose Joint Force Quarterly to 14 Working paper Allen, Charles D. Civil-Military Relations in Transitions convey his parting message.36 In a final interview, he sought to educate and inform members of the profession of arms about the necessity of friction within civil-military relations as part of national security decisionmaking for strategic-level issues.37 Dempsey embraced his role to provide the President with information and best advice on issues that may extend beyond the military domain. As the senior military advisor, he sought to make a compelling case for the assessment of threats, to work effectively with other elements of the executive branch to employ the instruments of national power— Diplomacy, Informational, Military, and Economic—to protect U.S. national security interests. In doing so, he would suggest prioritization and recommend resourcing requirements for defense capabilities. In August 2015 prior to his September retirement, Admiral Greenert granted an interview with Defense News and focused on two main points. 38 First, that congressional difficulty with passing budgets and the resulting use of Continuing Resolutions have adverse impact on naval readiness. Accordingly, the uncertainty of funding for training and maintenance as well as investments for modernization would affect not only current capacities but also future capabilities. Second, while acknowledging the security challenges of terrorism by ISIL and Al-Qaeda, Greenert expressed concerned about the potential threats of Russia and China that would require strong U.S. naval capabilities to counter. Perhaps the most contentious civil-military relationship with the executive and legislative branches has been with Army Chief of Staff General Raymond Odierno. In August 2015, his commentary, “This is no time to cut the U.S. Army” appeared in The Wall Street Journal.39 Consistent with his previous statements, Odierno identified global 15 Working paper Allen, Charles D. Civil-Military Relations in Transitions missions that require Army capabilities and the resourcing challenges that “have brought the nation to an important inflection point.”40 An adamant advocate for Army force structure and force manning levels to accomplish missions of the national military strategy, Odierno stressed “[d]ecisions made in Washington…must be based on the world as it is, and not the world as we wish it to be.”41 Those Washington decisions on policy and military strategies are within the executive branch, and decisions on resourcing and oversight rules reside within the legislative branch, with which Odierno had frequent interactions. After Odierno’s retirement, Army Secretary John McHugh was more direct in criticizing Congress at the October convention of the Association of the U.S. Army. He spoke of the Army’s need to get “beyond budget caps, continuing resolutions, and the uncertainty they foster.”42 In his last month of his tenure as Air Force Chief of Staff, Defense News interviewed General Mark Welsh.43 Like Admiral Greenert, he expressed concern about the dim prospects of a timely defense budget and the ensuing impact of the Budget Control Act on modernization programs that would provide future capabilities to the Air Force. While pessimistic about the stability of the federal budget process, Welsh stated that the majority of Air Force interactions with Congress were “very positive” and that “we don’t have to agree.”44 Moreover, like General Dempsey, he conveyed that “Our job is to provide the best military advice we can give…I have no issue with debate and disagreement with Congress. That is part of the system.”45 The most nuanced in transition was Marine Corps Commandant General Joseph Dunford, who had been nominated to succeed General Dempsey as Chairman of the Joint Chiefs of Staff. Perhaps the most striking test of civil-military relations occurs when 16 Working paper Allen, Charles D. Civil-Military Relations in Transitions civilian policy decisions appear to challenge the core identity and directly affect mission readiness of a service. Such was the assessment of General Dunford in his report to Secretary of the Navy Ray Mabus and the recommendation to exclude women from some combat positions within the Marine Corps.46 Dunford’s best military advice was presented in full knowledge that Mabus would not seek an exemption for the Marine Corps and that Secretary of Defense Ash Carter had made public statement of his support for full gender integration of the military. When Secretary Carter announced the decision in December 2015, Dunford as the new CJCS stated, “As the senior military advisor and the senior uniformed member, it’s my job now to assist the secretary with full implementation to make sure that we do it in a way that maintains our combat effectiveness, maintains the health and welfare of our troops and takes advantage of the talent of all the men and women that we have in uniform. So we are getting after that now.”47 In review of the engagements by the transitioning members of the Joint Chiefs of Staff, four themes emerged: requirement for military preparedness, deliver capability for contingency, maintain the covenant with the all-volunteer force, and provide for stewardship of the military profession. Military Preparedness The US military is expected to provide options to the Commander in Chief in support of the national security interests. This necessitates preparedness over the spectrum of conflict from peacetime engagement to sustained combat operations in war and across the range of military operation. The military has a “non-negotiable contract to Fight and Win the Nation’s Wars.” 17 Working paper Allen, Charles D. Civil-Military Relations in Transitions Contingency The study of U.S. history is replete with cases un-projected military operations and campaigns, for which in-place plans were insufficient and underlying assumptions were invalidated. Military leaders have learned to anticipate, “When, not if” as they devise scenarios for the employment of military force. Thus said, their military goal is to establish dominance through overmatch in capabilities such that there are “no fair fights.” Additionally, given that projections for the duration of conflicts have been faulty, (i.e., Operations in Afghanistan have been one-year wars for the past 15 years since 2001), it is important to have the capacity to sustain operations over time and multiple deployments. Covenant Military leaders embrace the need for responsible command48 of the service members entrusted to their care as part of the blood and treasure the nation expends to protect its interests. The covenant must sustain the All-Volunteer Force and well as the military’s connection to the American society that it serves. This includes the families of serving members and, importantly, veterans who return to civilian life in the American society. Stewardship A special obligation of senior military officers is to develop new members of the profession of arms who will maintain the trust and confidence of the nation and of its serving members across the cohorts of uniformed and civilian personnel. Insights 18 Working paper Allen, Charles D. Civil-Military Relations in Transitions Understandably, points of friction are inherent in civil-military relations. Friction is evident in formal statements and unofficial leaks across agencies of the executive branch. Friction may arise from the assessments of threats and risks by senior military leaders that are different from those by civilian leaders. It may be the case that the “best military advice” is considered and decisions to the contrary are made by civilian authorities. The purpose of apparently dissenting or non-congruent statements are fourfold. First, provide pushback on current policies and strategies. Second, influence and potentially shape the discourse on emerging policies and strategies. Third, in the absence of clear policy guidance, press for decision. Last, advocate for resources commensurate with missions and established priorities. Public and scholarly discourses commonly cite the tensions in civil-military relations and can be represented by following: Authority, Autonomy, and Accountability. Authority is established in legal documents such as the Constitution of the United States, Title 10, United States Code, and policy directives within the Executive Branch. Autonomy is sought by military officers as leaders in the profession of arms in accordance with the Huntington’s constructs of expertise, responsibility, and corporateness that gain the deference of American society to its military. However, authority and autonomy must come with accountability to the American people and its elected officials. Accordingly, trust and confidence are essential elements of developing relationships that are necessary for appropriate civil-military relations behavior. Implications This paper has reviewed the evolution of civil-military relations through selected cases in U.S. history that have served as the foundation of several theories and 19 Working paper Allen, Charles D. Civil-Military Relations in Transitions frameworks (e.g., Huntington, Janowitz, Cohen, and Feaver). Through the examination of contemporary engagements of the latest cohort of senior military leaders in the final term of the Obama administration, their behaviors demonstrated aspects of civil-military relations and provided themes for consideration. It is clear that, given the tensions and the consequences of inappropriate civil-military relations behavior, continued education is needed on “proper” civil-military relations behavior. The JCS members examined in this paper have progressed through careers shaped greatly by the Defense Reorganization Act of 1986, commonly referred to as the “Goldwater-Nichols Act” (GNA). Accordingly, they have served in diverse joint assignments; have time in the Pentagon watching the interaction between senior civilian and uniformed defense leaders; and have participated in professional development programs that include civil-military relations. Perhaps most important, they have witnessed contentious and problematic civil-military relations behavior in the 21st century as conveyed in the series of books by journalist Bob Woodward and by former defense secretaries like Rumsfeld, Gates, and Panetta.49 One should note that this is the second complete cohort of JCS officers in the eight years of the Obama administration. They have observed the successes and challenges of civil-military relations over periods of stress and turmoil. Arguably, they have taken those lessons to heart. An assessment of civil-military relations expectations from the Reagan era still seems applicable, even thirty years since the passing of the Goldwater-Nichols Act. “In keeping with their military culture, the Joint Chiefs preferred clearly defined organizational roles and lines of authority. What they often got … were 20 Working paper Allen, Charles D. Civil-Military Relations in Transitions vague directives, lax assignments of authority, and contradictory behavior from the President and his subordinates.”50 Through it all, these officers have engendered the credibility and trust of the President based on their past performance and established relationships with civilian leaders. While anecdotal reports of strained relations between the White House and the Pentagon surface, the behavior of this cohort of senior military officials seems appropriate. Vigorous discussions and exchanges support offering best military advice to civilian leaders as they determine policy objectives and approve plans as well as evaluate specific courses of action for strategic issues. One must remember that President Obama selected and nominated each of these JCS officers and they were confirmed with consent of the Senate. As such, their prior performance and reputation established a baseline of trust and confidence with the civilian masters in the executive and legislative branches of our governments. An example of such presidential trust is offered by General Dempsey who shared, “….as it came around to me, I would say, ‘I am here as your military advisor, and that is not a military issue.’ And the President would say, ‘Yes. But you are here and I want your view on the strategic issue that has national security implications.”51 The greatest area of contention in civil-military relations may be the interaction between Congress in its resourcing and oversight roles, and the Pentagon as it seeks autonomy within the expertise and jurisdictions allotted to the military profession.52 While military leaders have protected communications with their commander-in-chief, exchanges with Congress are generally public and “on the record”, inherently political, 21 Working paper Allen, Charles D. Civil-Military Relations in Transitions and potentially partisan. Thus, evidence of military dissent with presidential decisions and policies is not readily available. Congressional hearings may have evolved in some cases to challenge presidential policies rather than the effectiveness of military operations. The partisanship has also extended to delays in considering presidential appointees with the impact felt more for civilian rather than military personnel. Such a delay resulted in former Under Secretary of Army Brad Carson withdrawing from consideration as Undersecretary of Defense for Personnel and Readiness (USD (P&R)) after waiting a year for Senate approval. Additionally, the approval of Secretary of the Army Eric Fanning took six months based on Senate hold because of presidential remarks on an unrelated subject. Military leaders continue to call for congressional action to pass a timely federal budget that precludes BCA 2011 sequestration cuts and temporary spending measures of a Continuing Resolution. They also seek authorization and appropriations for defense programs for weapon system acquisitions as well as Base Realignment and Closure (BRAC) to deal with excess infrastructure and to use federal funding more effectively. While some scholars express concern about apparent conflicts between the Congress and Pentagon leaders, General Dempsey offers a valuable perspective. “Our entire system is built on the premise that we require friction to move [forward]…I would advise future leaders that friction and disagreement in decisionmaking is not a negative…in general the person at the table with the most persuasive arguments tends to prevail in those environments.”53 22 Working paper Allen, Charles D. Civil-Military Relations in Transitions The subject of civil-military relations is nominally included in the joint and service professional military education programs. For the Army, civil-military relations are an important part the curriculum at the U.S. Army War College. Under the direction of General Dempsey and Odierno during their successive tenures as Army chiefs of staff, civil-military relations sessions are held with scholars like Feaver, Cohen, and Kohn for the Senior Leader Seminar I (for post-Military Education Level 1 colonels) and Senior Leader Seminar II (for newly selected and promoted brigadier generals). It is equally important for the topic to be presented and discussed with civilian officials. These officials develop policies, laws, and ultimately make decisions involving the use of military force. Accordingly, education on civil-military relations should be provided to presidential appointees, the National Security Council Staff, and, as appropriate based on committee assignments, to members of Congress. By its very nature, civil-military relations are necessarily dynamic and messy and thus requires monitoring and management. The legacy of the last cohort of JCS members has provided a foundation for their successors. The new cohort, in turn, will select their own paths that will shape the future of civil-military relations. Those paths have key waypoints, such as embracing the unequal dialogue with civilians who are unchallenged in their authority and control of America’s military. Senior military leaders have demonstrated experience, expertise, and judgment that must be provided with candor to inform the decisions of our national policymakers. Thus, an exchange relationship is inherent in such discourse where senior military officers are the agents who act on the behalf of civilian principals. The relationship must be based on trust and confidence. Consequently, the exchange is 23 Working paper Allen, Charles D. Civil-Military Relations in Transitions among three elements: the Chief Executive, the members of Congress, and the military that serves the nation. While there is tension, balance is possible and essential for proper civil-military relations. 1 Budget Control Act of 2011 Public Law 112‐25 Cong. 2011. David Barno and Nora Bensahel, “The New Chiefs in Town,” War on the Rocks, June 30, 2015, http://warontherocks.com/2015/06/the‐new‐chiefs‐in‐town/ 3 Richard H. Kohn, "The Inside History of the Newburgh Conspiracy: America and the Coup d’Etat." William and Mary Quarterly 27 (April 1970) 2:187‐220. 4 The officers of the Continental Army sent a letter to Congress March 20, 1783 detailing their concerns. Washington Farewell Address. “Washington’s Resignation Speech (Final Draft)” December 23, 1873. Maryland’s Old Senate Chamber, http://marylandstatehouse.blogspot.com/2012/07/george‐washington‐resigns‐speech‐ returns.html 5 Mark A. Stoler. George C. Marshall: Solider‐Statesman for the American Century, Twayne: Woodbridge, CT, 1989. 6 See The Constitution of the United States of America, Article I Section 8, “The Congress shall have Power…To declare War, To raise and support Armies, …To provide and maintain a Navy.” Article II, Section 1: “The executive Power shall be vested in a President of the United States of America.” Section 2. “The President shall be the Commander in Chief of the Army and the Navy of the United States, and of the Militia of the several States when called into actual service of the United States.” 7 This line was offered by the main character in the film “MacArthur,” Universal Pictures, 1977. 8 “General Douglas MacArthur Farewell Address to Congress delivered 19 April 1951” American Rhetoric Top 100 Speeches, http://www.americanrhetoric.com/speeches/douglasmacarthurfarewelladdress.htm 9 Ibid. 10 Samuel Huntington, The Soldier and the State: The Theory and Politics of Civil‐Military Relations, Harvard University Press: Cambridge, MA, 1957. 11 Morris Janowitz. The Professional Soldier: A Social and Political Portrait, The Free Press: New York. 1960. 12 Huntington, 416. 13 Janowitz, 418 14 Eliot A. Cohen, Supreme Command: Soldiers, Statesmen, and Leadership in Wartime, The Free Press: New York. 2002. 15 Peter Feaver, Armed Servants: Agency, Oversight, and Civil‐Military Relations, Princeton University Press, Princeton, NJ, 2003. 16 Donald Drechsler and Charles D. Allen, “Why Senior Military Leaders Fail: And What Can We Learn From Their Mistakes,” Armed Forces Journal, July 1, 2009 http://armedforcesjournal.com/why‐senior‐military‐leaders‐fail/ ; and Charles D. Allen, “Lessons not Learned: Civil‐Military Disconnect in Afghanistan,” Armed Forces Journal, September 1, 2011. http://armedforcesjournal.com/lessons‐not‐learned/ 17 Patricia Shields, “Civilian‐Military Relations” in Encyclopedia for Public Administration, 2016. 18 This section is from Charles D. Allen, “The Pit and the Pendulum: Civil‐Military Relations in an Age of Uncertainty,” Armed Forces Journal, May 1, 2013. http://armedforcesjournal.com/the‐pit‐and‐the‐pendulum/ 19 See “Richard Kohn on Civil‐Military Relations, posted September 16, 2013,” https://www.youtube.com/watch?v=l8MDZCOCatw 20 “Army Chief: Force to occupy Iraq massive,” USAToday, February 25, 2003, http://usatoday30.usatoday.com/news/world/iraq/2003‐02‐25‐iraq‐us_x.htm 21 Eric Shinseki, “Memorandum for Secretary of Defense, Subject: End of Tour Memorandum,” United States Army: The Pentagon, June 10, 2003. 22 Eric Shinseki, “Farewell Address,” June 11, 2003, Ft Myer, VA, 2 24 Working paper Allen, Charles D. Civil-Military Relations in Transitions 23 See Andrew Bacevich, “A Modern Major General,” The New Left Review 29, September/October 2004, 123‐124 review of Tommy Franks, American Soldier, 2004. 24 “Remarks by Retired General Tommy Franks to the Republican National Convention” accessed April 7, 2016 http://www.washingtonpost.com/wp‐dyn/articles/A57264‐2004Sep2.html 25 Rajiv Chandrasekaran, “Pentagon Worries Led to Command Change,” The Washington Post, August 17, 2009, http://www.washingtonpost.com/wp‐dyn/content/article/2009/08/16/AR2009081602304.html David 26 McKiernan, “Farewell Speech,” July 15, 2009, Ft Myer, VA. 27 Steve Rearden, Council of War: A History of the Joint Chiefs of Staff 1942‐1991. Washington, DC: NDU Press, 2013. 28 The BCA called for programmed reduction in defense spending of $487 billion over ten years and an additional reduction of $495 billion as motivation to address the national debt. 29 Charles D. Allen, “The Pit and the Pendulum: Civil‐Military Relations in an Age of Uncertainty,” Armed Forces Journal, May 2013, 18. 30 For example, Washington, DC‐based think tanks are the Center for A New American Security (CNAS), the Center for Strategic and International Studies (CSIS), and the Brookings Institution. 31 Each component has its annual meetings and convention hosted by Association of the United States Army (AUSA), The Navy League of the United States, The Marine Corps League, the Air Force Association and the National Guard Association of the United States, respectively. 32 SLCs are the Army War College, Naval War College, Air War College, Marine War College, National War College, and Eisenhower School for National Security and Resource Strategy (the latter two are part of the National Defense University). 33 Most recent documents are the 2015 National Security Strategy of the Obama Administration, the 2015 National Defense Strategy signed by defense secretary Chuck Hagel, and the 2015 National Military Strategy signed my CJCS Gen Martin Dempsey. Charles T Hagel, Quadrennial Defense Review (Washington, DC: Department of Defense, 2014). 34 Also known as the Islamic State in Iraq and Syria (ISIS) or Daesh. 35 2012 Defense Strategic Guidance 36 “From the Chairman: An Interview with Martin E. Dempsey,” Joint Force Quarterly, 78, 3rd Quarter, 2015, 2‐13. 37 Ibid., 5. 38 Vago Muradian, “Interview: US Navy’s Adm. Jon Greenert,” Defense News, August 31, 2015. http://www.defensenews.com/story/defense/policy‐budget/leaders/interviews/2015/08/31/interview‐adm‐jon‐ greenert‐cno‐usnavy/71453982/ 39 Raymond T. Odierno, “This is No Time to Cut The U.S. Army,” The Wall Street Journal, August 13, 2015, http://www.wsj.com/articles/this‐is‐no‐time‐to‐cut‐the‐u‐s‐army‐1439506616 40 Ibid. 41 Ibid. 42 Kevin Baron, “The US Army’s Biggest Concern Right Now is Congress,” Defense One, October 12, 2015. http://www.defenseone.com/business/2015/10/us‐armys‐biggest‐concern‐right‐now‐congress/122730/ 43 Valerie Insinna, “US Air Force Gen. Mark Welsh Pessimistic About Defense Budget Outlook,” Defense News, June 14, 2016. 44 See video interview with Defense News Associate Editor Aaron Mehta, “Defense News TV: Gen. Mark A, Welsh USA,” June 26, 2016. http://www.defensenews.com/videos/defense‐news/tv/2016/06/26/defense‐news‐tv‐gen‐ mark‐a‐welsh‐usaf‐hacking‐against‐india/86402068/ 45 Ibid. 46 Lolita C. Baldor, “Officials: Marine Commandant recommends women be banned from some combat jobs,” Marine Times, September 19, 2015. http://www.marinecorpstimes.com/story/military/2015/09/18/officials‐ marine‐commandant‐recommends‐women‐banned‐some‐combat‐job/72421888/ 47 Jim Garamone, “Dunford Says All in Military Will Work to Fully Integrate Women,” DoD News, December 5, 2015. http://www.defense.gov/News‐Article‐View/Article/632986/dunford‐says‐all‐in‐military‐will‐work‐to‐fully‐ integrate‐women 25 Working paper Allen, Charles D. Civil-Military Relations in Transitions 48 Elihu Root, “The Army War College, Address at the Laying of the Cornerstone, Washington, D.C., February 21, 1903,” and “The Army War College, Address at the Dedication, November 9, 1908,” in The Military and Colonial Policy of the United States: Addresses and Reports by Elihu Root (1916), collected and ed. Robert Bacon and James Brown Scott, Cambridge, MA: Harvard University Press, 1916, 121‐29. 49 See Bob Woodward, Bush at War (2003) to Obama’s War (2011) New York, NY: Simon & Schuster; Donald Rumsfeld, Known and Unknown: A Memoir; Robert Gates. Duty: Memories of a Secretary at War, New York, NY: Penguin, 2011; and Leon Panetta, Worthy Fights: A Memoir of Leadership in War and Peace, New York, NY: Penguin, 2014 50 Reardon, Council of War, 424. 51 “From the Chairman: An Interview with Martin E. Dempsey,” 9. 52 Colton C. Campbell and David R. Auerstadt, eds, Congress and Civil‐Military Relations, Washington, DC: Georgetown University Press, 2015 53 “From the Chairman: An Interview with Martin E. Dempsey,” 5. 26 Working paper
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