We cannot process your waiver request form if you dispute your debt. This not only, The United States must avoid actions that “. If so, should that redline “shift” given the civilian leadership role he or she would enjoy as secretary? 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. Each answer, however generic or targeted it aims to be, reveals something important about the nominee’s likely effect on civil-military relations. Remission is applicable for active duty military members or former military members who have incurred an active duty debt. 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. And, While history demonstrates that most secretaries do not come from elite uniformed positions, history also demonstrates that secretaries are all white men. (Incomplete applications or missing supporting documents … 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. 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. 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. 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. 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. 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. Some of these questions are generic, asking what any secretary would, could or should do in certain specified conditions. It is an obstacle, but one placed purposely to slow the process … In fact, if anything, the new waiver process could actually improve the overall quality of recruits joining the Army this year. Individually, these are compelling reasons. 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. 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 … All of these objections share two common defects. You may request a waiver by completing the DD Form 2789 Remission/Waiver … 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. 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. Remissions and Waivers Branch always considers the gross debt amount in waiver determinations. 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 argument relies on the statute that time bars certain retired nominees absent a congressional waiver. The recruit needs to have a compelling reason for requesting a waiver… 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 within the military. 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. 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 … 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. 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. 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. A remission is the cancellation of a debt or portion of a debt by the Secretary of a Military … Congress could also impose additional prerequisites to the front end of the waiver process. Waiver/ETP requests are approved individually and based on the needs of the Army. Gen. Lloyd Austin III addresses the crew of the aircraft carrier USS George H.W. 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. Please contact the individual agency for applicable waiver procedures. 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. It can commit to the scholarly per se nondebatable presumption that a retired general officer is inappropriate as a secretary of defense. Civil-Military Norms, Breaches, and Why Mindset Matters,” appears in Volume 11, Issue 1, of the Journal of National Security Law & Policy. You may have an easier time obtaining a waiver … This argument, of course, is largely premised on the first five objections. Military, not civilian, perspectives will dominate, the opposite of what should be the case. Waivers can come quickly, or they can take a long time. When a retired general does it, it is not because he or she wore the uniform for so long. The laws governing remissions may consider financial or personal hardship, a member’s value to the service, compassion, justice and good faith. This is precisely the point of Senate confirmation hearings anyway. History is not conclusive, nor does following it blindly reveal good judgment. Which it should want to do anyway. First, they elevate status over suitability. How will the nominee manifest his or her own dissent and disagreement with the president? The standard arguments against a retired military officer—a James Mattis, a George Marshall or a Lloyd Austin—can be divided into several categories. Which do I request, a Remission or Waiver? If you believe you are eligible for a waiver, fill out a DD Form 2789 and return it to DFAS. Bush in 2014 (U.S. Navy photo). Prior employment is one factor and feature and ought not necessarily be dispositive. What, if anything, should a secretary do to intervene when a, How would the nominee handle dissent and disagreement. taps into the public’s reservoir of “high esteem”, president implies that a subordinate military officer’s, Civil Liberties and Constitutional Rights. 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. It can commit to the scholarly per se nondebatable presumption that a retired general officer is inappropriate as a secretary of defense. Each job specialty has specific requirements related to the conduct and personal moral history a person can/cannot have. For instance, an applicant may have a DUI conviction. 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. 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. The spotlight, in other words, is firmly (and unreasonably) fixed on a presumptive exclusion. 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. 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. The Senate’s Three Possible Frameworks for Secretary of Defense Nominees. The Senate must understand that the law does not require a presumption against a recently retired general officer. DFAS cannot waive debts from the following agencies. 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. 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