Posted on Feb 6, 2016
Why does the Senate intervene in the military promotion process?
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The simple answer is that the Senate (not the entire Congress) has a constitutional obligation to do so. Every commissioned officer is appointed by the President, "by and with the advice and consent of the Senate." Most promotion lists are reviewed in the Senate Armed Services Committee, approved by the Committee, and then approved in the Senate by unanimous. General and Flag Officer promotions get the full treatment. RAdm Losey is nowhere the first officer appointment to be questioned--many have even been disapproved--by the Senate, and he won't be the last. Just another of those little Constitutional tidbits that even most lawyers don't know.
I was a Major when I was admitted to the Bar for the first time, the background check form asked "Have you ever been elected or appointed to public office and if so, by whom?" I responded "Yes, by the President of the United States with the advice and consent of the Senate." That prompted a telephone call from an attorney at the Attorney Registration Office at the Illinois Supreme Court.
Attorney: "You're a presidential appointee?"
Me: "Yup."
A: "What office or position?"
M: "I'm a Major in the United States Marine Corps."
A: "Yeah, yeah, we noticed that, that's OK, but to what office did the President appoint you?"
M: "Second Lieutenant of Marines, First Lieutenant of Marines, Captain of Marines, and Major of Marines."
A: (Looooong pause) "I don't understand. You said you were appointed to office by the President with the advice and consent of the Senate. What office?"
M: (Now tired of playing who's on first with this idiot) "OK. Let me read you my commission. (I did.) Are we OK now?"
A: "Geez, I never knew that. The next time I teach Con Law at the UofI Law school, I'm gonna use that as a trick question!"
I was a Major when I was admitted to the Bar for the first time, the background check form asked "Have you ever been elected or appointed to public office and if so, by whom?" I responded "Yes, by the President of the United States with the advice and consent of the Senate." That prompted a telephone call from an attorney at the Attorney Registration Office at the Illinois Supreme Court.
Attorney: "You're a presidential appointee?"
Me: "Yup."
A: "What office or position?"
M: "I'm a Major in the United States Marine Corps."
A: "Yeah, yeah, we noticed that, that's OK, but to what office did the President appoint you?"
M: "Second Lieutenant of Marines, First Lieutenant of Marines, Captain of Marines, and Major of Marines."
A: (Looooong pause) "I don't understand. You said you were appointed to office by the President with the advice and consent of the Senate. What office?"
M: (Now tired of playing who's on first with this idiot) "OK. Let me read you my commission. (I did.) Are we OK now?"
A: "Geez, I never knew that. The next time I teach Con Law at the UofI Law school, I'm gonna use that as a trick question!"
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It's interesting that the Navy wants to promote and keep a Flag who's a lightning rod, justly or unjustly. Now it's a matter of where is the "how bad" factor. When it comes to politics, politics always wins, especially since the law requires a political body's approval. Unless the Navy has the chops to have private meetings with the concerned Senators to demonstrate compelling need, etc. I suspect the "review" will result in withdrawing the promotion with a subsequent retirement. Even if there is compelling need for the Navy, there isn't compelling need for politicals who have their own enemies to deal with. Perception is everything. Unlike Patton and Rickover, he's probably 40 years too late with his style.
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Intervening? As Long as I can remember the US Congress was charged with Officer Selection and Promotion. Being a Naval Communicator I remember being tasked with Handling the Messages and the Confidentiality until they were notified of their promotion. I remember the Cap't that had very Minimal Involvement in Tail Hook but Plenty in Congress though would not forget who he was and made him a Forced Retirement due to lack of Advancement.
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COL David Turk
LtCol Mac McCarty - Thanks for your comments, but they don't correlate with my recollection of the process. I'll have to do research since I don't remember the part about the President (White House) approving the commissioned officer promotion lists served up by each service. Those lists went straight to the Senate. I also don't remember anybody above the individual services vetting them (Sec Def).
Again, as I remember it, all commissioned officer promotion lists generated by the G-1 of each individual service would be sent to directly to the senate. The senate would stamp their approval (obviously with the right of individual exception) and return the list to the respective service for execution. I'm sure about the senate approval part based on the back door way of finding out if you had been promoted (Army). I can't speak for the other services but way in the past, the Army would tell you if your packet made it to the promotion board, but nothing more until the services published the list just before you received your promotion orders. That could be quite a few months after the board closed. The trick was to go to the web site for senate approvals and look for the respected list containing your promotion group. Once you found the list in the senate approval section, you'd scan the document for your name. I found about my last two promotions this way, way before the promotion list was published. That changed about 15 years or so ago. I assume that the G-1 figured out we all were checking the senate site. They started releasing the promotion list shortly approved by the Senate. Obviously this only worked after the Internet was available, and that congress used it to post the results of matters before it.
The do agree that the president can make appointments and nominations.
I'll see if I can find the presentation of the promotion process provided by the G-1.
Again, as I remember it, all commissioned officer promotion lists generated by the G-1 of each individual service would be sent to directly to the senate. The senate would stamp their approval (obviously with the right of individual exception) and return the list to the respective service for execution. I'm sure about the senate approval part based on the back door way of finding out if you had been promoted (Army). I can't speak for the other services but way in the past, the Army would tell you if your packet made it to the promotion board, but nothing more until the services published the list just before you received your promotion orders. That could be quite a few months after the board closed. The trick was to go to the web site for senate approvals and look for the respected list containing your promotion group. Once you found the list in the senate approval section, you'd scan the document for your name. I found about my last two promotions this way, way before the promotion list was published. That changed about 15 years or so ago. I assume that the G-1 figured out we all were checking the senate site. They started releasing the promotion list shortly approved by the Senate. Obviously this only worked after the Internet was available, and that congress used it to post the results of matters before it.
The do agree that the president can make appointments and nominations.
I'll see if I can find the presentation of the promotion process provided by the G-1.
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LtCol Mac McCarty
COL David Turk - Sir, I read through the statutes after one of the other Army guys mentioned 10 USC 624. (What the heck--I'm retired, it's just the dog and me, and it's Saturday night. What better way to relax?). The statutory process is Board to Service Secretary to CJCS (sounds like a Goldwater-Nichols requirement) back to Service Secretary to SECDEF to President for his approval ("...after the President approves...") and then to Senate. There are all sorts of provisions re: removing names, taking corrective action if Service Secretary, CJCS or SECDEF finds error on the part of the Board, and so forth. Really, Sir, you gotta read it for yourself. I can't do it justice. Wonderful stuff. Thrilling. I laughed, I cried, I had tears in my eyes when she showed him the baby and it looked just like....the next door neighbor. The butler did it. Semper wonky. Mac
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COL David Turk
LtCol Mac McCarty - Thanks for doing the research for me. I stand corrected. Well, I used up my mistake for this week.
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Because they can. Since the Senate confirms appointments and promotions, that gives them power (leverage) over the services. Sometime they use it wisely, and sometimes it's pure politics.
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It is the law. I do not think the holding of board results for ransom, tinkering with individual officers, or other shenanigans were I visioned under the 1947 and 1980 acts. This is what brought us up or out as opposed to the stagnant cronyism prior to that.
https://en.m.wikipedia.org/wiki/Defense_Officer_Personnel_Management_Act
https://en.m.wikipedia.org/wiki/Defense_Officer_Personnel_Management_Act
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Defense Officer Personnel Management Act - Wikipedia, the free encyclopedia
The Defense Officer Personnel Management Act (DOPMA) (Pub.L. 96–513) is a United States federal law passed in 1980 that for the first time standardized officer personnel management across the United States Armed Forces. DOPMA established ceilings on the number of field grade officers authorized to each service, created uniform regulations governing promotions, and codified rules regarding separation and retirement of officers.[1]
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LTC Jason Mackay
The DoDI lays out communication that has to happen. I cant find the part of Title X that has it. I read it once as I was being held hostage for promotion (along with hundreds of others). http://www.dtic.mil/whs/directives/corres/pdf/132004p.pdf
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LTC Jason Mackay
Ok found it. Title 10 USC Section 629. https://www.law.cornell.edu/uscode/text/10/629
10 U.S. Code § 629 - Removal from a list of officers recommended for promotion
Subsec. (b). Pub. L. 109–364, §515(a)(1), inserted heading and inserted “to a grade for which appointment is required by section 624(c) of this title to be made by and with the advice and consent of the Senate” after “the President”.
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Can't understand why.
"As a result, the Navy was forced to delay Losey’s promotion until the inspector general could complete its investigations, which lasted for years and involved more than 100 witnesses and 300,000 pages of e-mails. In the end, three of the five complaints were upheld by the inspector general."
"As a result, the Navy was forced to delay Losey’s promotion until the inspector general could complete its investigations, which lasted for years and involved more than 100 witnesses and 300,000 pages of e-mails. In the end, three of the five complaints were upheld by the inspector general."
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Suspended Profile
Because they have that authority, and anyone that Obama picks, the GOP is torpedoing...
Sgt Mike Williams
LCDR Rabbah Rona Matlow, I don't think that assesment is correct. If you read the article you will see that it was both Rep. and Dem. that sent the letter in opposition to his promotion.
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MCPO Roger Collins
Agree with first point, not understanding the second. What military leaders have the GOP torpedoed? That is one area he seems to have a free reign.
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Suspended Profile
I did see that a Dem was involved in this case. In general, though, the GOP has gone out of its way to torpedo everything that Obama does...
For instance, Obama was born in the US, yet birthers... But, where were the birthers re McCain or Cruz?
For instance, Obama was born in the US, yet birthers... But, where were the birthers re McCain or Cruz?
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I say that since the IG found merit in some of the complaints, his promotion should be withheld. The Senate gets involved because they have 'Oversight' over the military wether we like it or not. Also w/ an IG report, it goes all the way to the top leaders, who are also civilians who report to the oversight committee. Being that high in rank, there is no way to get around the civilian leadership not knowing what's going on.
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It gives them leverage in dealing with the administration, especially the SecDef and the service heads.
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