*BREAKING* : Army Eliminates Pathfinder School

As of the date of this posting, the novel coronavirus has taken over 200,000 American lives. And now, the JAGWAR can officially add to that devastating list yet another tragic casualty: the U.S. Army Pathfinder School at Fort Benning, GA.

This past July, reports indicated that the U.S. Army Training and Doctrine Command (TRADOC) was contemplating “reprioritizations and deletions” of several functional training courses. One of the courses on the chopping block was—shockingly—Pathfinder School.

And indeed: via memorandum released on Friday, 23 October 2020, TRADOC has announced that the Pathfinder School will be shuttered in fiscal year 2022.

Wow.

The notorious three-week pathfinder course was created during World War II to train special teams of paratroopers in the vital craft of guiding large airborne formations onto drop zones behind enemy lines. Today, the course also delves deeper into the art-and-science of sling-load operations than does its sibling warrior skills course, to wit, Air Assault School.

Airborne Pathfinders, honing their craft.

Since 1943, Fort Benning has minted Pathfinders beholden to the motto “First In, Last Out”. These specialized soldiers are “inserted or dropped into place in order to set up and operate drop zones, pickup zones, and helicopter landing sites for airborne operation, air resupply operations, or other air operations in support of the ground unit commander.” And as yet, there’s just no GPS substitute for the on-the-ground awareness and intellect a that human can lend to this mission set.

But that consideration wasn’t enough to spare the beloved school. In part, TRADOC’s decision is due to the global pandemic; “bringing soldiers in from around the country and quarantining them for two weeks before starting courses that last about the same timeframe doesn’t make sense to the service,” the Army Times reported this past summer. Military.com also suggests that budgetary considerations are driving this decision—though I suspect fiscal constraints wouldn’t have shuttered the course if the Pathfinder skillset were still deemed strategically indispensable. Clearly, there’s plenty of debate on that point… but I suppose the writing was on the wall after the elimination of the Army’s last pathfinder unit in February 2017.

In any event, COVID-19 has forced the issue (or provided the requisite rationale). For those who daydreamed of securing that signature flaming torch badge, this news comes as a monumentally crushing disappointment.

So talk to your commanders and supervisors now, JAGWARriors! Your last chance of negotiating this so-called “gentlemen’s course” is quickly dwindling. While it’s true that the 101st Airborne Division still runs its own Pathfinder course at the Sabalauski Air Assault School, attending that course requires assignment to the Screaming Eagles… and even then, who knows if they’ll make room for an intrepid lawyer or paralegal seeking to “Soldier first”.

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UPDATE: 12 November 2020

The Army Times just published official confirmation:
www.armytimes.com/news/your-army/2020/11/12/pathfinder-school-at-fort-benning-slated-to-officially-get-the-axe/

The ACFT: An Obstacle for JAGs???

“The ACFT … lowers standards and expectations for young, male soldiers while setting unrealistic standards for others, including those with fewer physical responsibilities such as … judge advocates.”

Wow, ladies and gentlemen of the Army JAG Corps. If that sentiment doesn’t serve as your 3am wakeup call, I genuinely don’t understand your interpretation of “Soldier First, Lawyer Always.”

The Washington Post is out with a report today which details the concerns of two Senators who believe the Army’s new ACFT—officially launched on the 1st of this month—will severely limit the career prospects of females (and attorneys!) in the force.

“We have considerable concerns regarding the negative impact [the test] may already be having on so many careers,” New York Senator Kirsten Gillibrand and Connecticut Senator Richard Blumenthal said in their letter, a copy of which the JAGWAR has now obtained. “It is imperative that we pause implementation until all questions and concerns are answered. Soldiers’ careers depend on it and the continued lethality of our force requires it.”

Soldiers conducting the “leg tuck” event. The exercise has proven to be an obstacle for several soldiers, many of whom are female. Army leaders claim that, with training, this event will not pose an obstacle to anyone.

The Post article cites the Senators’ concerns that the test will have a disproportionate impact on women, who make up 15% of the Army and “continue to fail [the ACFT] at dramatically higher rates than men.” The letter notes that eliminating the “leg-tuck” event specifically would significantly reduce failure rates. The Senators’ proposed solution is to delay implementation of the ACFT so as to accommodate more evaluation… of a test that was publicly announced half-a-decade ago.

Soldiers conducting the dead lift with the ACFT’s mandated “hex bar”.

These sentiments reiterate those already vocalized by soldiers skeptical about the ACFT’s single-scoring metric. But as active duty MAJ Kelly Buckner writes in her article published by the Modern War Institute, “Age- and gender-neutral standards are the only relevant measurement of physical readiness across the Army’s formations, because combat itself is inherently age- and gender-neutral.[T]he ACFT represents a cultural change the Army needs to prepare for the next fight.”

There’s a lot of merit to these Senators’ anxieties, which no doubt respond to complaints throughout the ranks and across the force. Moreover, there’s a wide range of legitimate practical, logistical, and health concerns associated with the ACFT—and they absolutely warrant additional study.

But from my foxhole as a member of the Army’s JAG Corps, I’m dismayed that the Senators’ letter specifically references judge advocates as one of the demographics ostensibly aggrieved by the ACFT, as members of a branch in need of a more lenient standard when it comes to gauging athletic capability.

Suffice it to say that the Senators’ attitude is NOT in keeping with our Corps motto. Ergo, it’s up to all of us—attorneys, paralegals, and legal administrators—to emphasize that we not only can meet a single Army standard, but that we can in fact lead the way in defining its applicability to every task and purpose in our OSJA formations. We are the consummate dual professionals; the quality of our legal counsel is a function of how well our commanders and colleagues receive it. If we can’t show ourselves to be worthy of sharing space on the battlefield, we may not get the chance to more meaningfully influence it.

So get after it, JAGWARriors. The ACFT may indeed be ripe for modification, but let’s work to ensure that never again are the members of our esteemed branch cited as the justification therefor!

Caps Off to the Virtual Army Ten-Miler Runners!

To the thousands of soldiers, veterans, and family members worldwide who participated in the 36th annual Army Ten-Miler, we rise to recognize and congratulate you! You bring great honor upon your country, especially given the global pandemic which compelled this race to be its first fully virtual installment in the more than three and a half decades of its existence.

Running in face masks up at Fort Drum…

Earlier this past summer, MG OMar J. Jones announced that the 2020 Army Ten-Miler would be held virtually, from Sunday, October 11 through Sunday, October 18, in an effort to mitigate risks associated with COVID-19. Because, of course, the show must go on. Or, as MG Jones so eloquently put it:

“Army operations around the globe never cease, and our Soldiers are trained and ready to win in any environment. This year’s Army Ten Miler embodies that ethos while safely bringing the opportunity to participate to your home town.”

Unlike the Marine Corps—which cancelled its marathon—the Army forged ahead with its beloved Ten-Miler, responding to the challenges posed by the coronavirus by simply moving the race out of Washington, DC, and into the backyards of soldiers… wherever they could be found!

Above: Runners maintained social distance…

Right: … or, they raced in their face masks!

The 2nd Brigade Combat Team, 10th Mountain Division (Light Infantry) out at Fort Drum pulled out all the stops to participate, with one of the runners clocking in an impressive 58:57!

At the finish line! Order of the JAGWAR member CPT Evan Freemyer holds up the official race T-shirt, shipped in advance to all Army Ten-Miler participants!

But we particularly want to thank the many JAG Corps lawyers, paralegals, and legal administrators who rose to this year’s physical and logistical challenges, and who tackled the 2020 Ten-Miler head on! One notable participant is the JAGWAR’s very own CPT Evan C. Freemyer, who currently serves in Germany as a Military Justice Advisor at the Stuttgart Law Center for the 21st Theater Sustainment Command. His participation while overseas emphasizes what a true planetary effort this event was, COVID-19 be damned!

You do us proud, CPT Freemyer!

First JAG Officer to Earn the Expert Soldier Badge!

The Order of the JAGWAR is thrilled and proud to announce that, for the first time ever, a U.S. Army Judge Advocate has successfully earned the Expert Soldier Badge!

Our deepest respect and commendations to CPT Rudy P. Dambeck, currently assigned to the 2nd Stryker Brigade Combat Team, 2nd Infantry Division, at Joint Base Lewis-McChord in Washington.

CPT Dambeck exemplifies the “Soldier First, Lawyer Always” ethos that defines a warrior-attorney. Hats, caps, and berets off to this consummate dual professional; you’re an inspiration to us all!

JBLM is way ahead of the pack in minting JAG Corps attorneys, paralegals, and warrants authorized to sport this coveted distinction; it was just one year ago that we reported on the success of SGT Matthew Clark—a paralegal assigned to 2nd Battalion, 17th Field Artillery Regiment—who became the first paralegal (and very first member of the Corps!) to successfully complete the rigorous ESB testing.

If you’re a member of the U.S. Army JAG Corps and would like information or assistance in training to obtain the Expert Soldier Badge, email us at jagwar[@]orderofthejagwar[.]com.

For more information on the U.S. Army Expert Soldier Badge, check out the U.S. Army Training & Doctrine Command’s official ESB website.

ACFT & FM 7-22

Welcome to October, JAGWARriors!

It’s Thursday, 1 October 2020, and y’all better buckle your reflective belts; today’s briefing is intense.

BLUF: As of this morning, the Army Combat Fitness Test became our branch’s official physical fitness test of record, thanks to the implementing guidelines in the new Field Manual 7-22: Holistic Health and Fitness (H2F).

For more on this development, let’s head over to the Army Times:

“No longer the pushups, sit-ups, and 2-mile run soldiers love to hate, standards for the ACFT may be easier to pass but much more difficult to perfect. To achieve a perfect score of 600 on a test where standards are the same regardless of age or gender, a soldier [must] complete three repetitions of a 340-pound deadlift, throw a 10-pound medicine ball backwards over their head for 12.5 meters, complete 60 hand release pushups, run the sprint-drag-carry in less than 93 seconds, complete 20 leg tucks, and run a sub-13:30 two-mile.”

To gauge your own progress, click to download the official ACFT Standards matrix.

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A lot of the rationale behind introduction of the ACFT can be gleaned from another article which appeared in the Army Times, just yesterday, reporting that there are 13 brigades-worth of non-deployable troops. Quote the Army Times:

“As of April, more than 58,000 soldiers — the equivalent of 13 brigade combat teams — were non-deployable, with 16,500 soldiers on temporary profile and 15,000 soldiers on permanent profile, according to a concept paper for the Holistic Health and Fitness system . . .”

That’s a dramatic figure. And it’s why the Army has rewritten the former “FM 7-22 Physical Readiness Training” as the brand-spankin’ new “FM 7-22 Holistic Health and Fitness (H2F)”. The ACFT is just one component of this new H2F approach. Learn more about it by scoping the hot-off-the-presses H2F Operating Concept brief.

As the Sergeant Major of the Army declared in an email sent to Soldiers all across the Army, “H2F empowers and equips Soldiers to take charge of their health, fitness, and well-being to hone individual performance, while preventing injury and disease.”

So to expedite your train-up, the JAGWAR has collected all the resources you’ll need to kickstart the new fiscal year! Check ‘em out… and happy training!

Leg tucks lift up soldiers during Suicide Awareness Month

To combat the scourge of Soldier suicide—and in recognition of the need for unit cohesion—GEN Michael X. Garrett (Commander, U.S. Army Forces Command (FORSCOM)) has challenged Soldiers to report for some cohesive communal leg tucking!

FORSCOM Commander GEN Garrett and his team leg tuck to raise awareness and build camaraderie.

GEN Garrett’s initiative is designed to bring brothers-and-sisters-in-arms together, to build relationships around an activity that makes us stronger, together. The effort recognizes that incidents of suicide are far too frequent among the ranks of uniformed personnel. Thus, GEN Garrett invites Soldiers throughout the Army to keep each other accountable—in both physical and mental health.

UPDATE (24 September 2020):
Check out the Army Times coverage of GEN Garrett’s challenge.

RESOURCES:
If you need someone to talk to, contact the National Suicide Prevention Hotline at 800-273-8255.
And check out www.StopVeteranSuicide.org.

NFM Badge no longer authorized foreign badge?

This article has been updated from the original as of 31 October 2020; review the update below, which has amplifying information.

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ALCON:

This is a call for confirmation re: rumors about the upcoming publication of a new Army Regulation 600-8-22.

Reportedly, revisions proposed for the imminent AR 600-8-22 update call for removing the Norwegian Foot March’s status as an authorized foreign award-producing event.  Is this true?

We’ve received numerous requests for clarification on this matter; we’re reaching out to the wider Army JAG Corps brain trust for any insider knowledge.

The applicable proposed language will reportedly be published in para 9-26a, where the provision that "only those badges that are awarded in recognition of military activities and by the military department . . ." will be revised to state ". . . in recognition of military activities conducted by the military department . . ."

We’d be grateful if anyone can better explain the significance of this modified stipulation (to wit, how does this language expressly preclude the NFM as an authorized-for-wear foreign badge?)

Additionally, if the rumors are true, what does this mean for past NFM participants? Will wear of Norwegian Foot March Badges earned prior to the regulatory update similarly be prohibited for wear on the Army Service Uniform?

We hope the whispers are just fake news! If you have any information, please email us at jagwar[@]orderofthejagwar[.]com.

** UPDATE as of 31 October 2020 **

With undying gratitude to the Order’s very own CPT Justin B. Hayes for leaning into the requisite due diligence, the JAGWAR can confirm that U.S. Army soldiers who earned the Norwegian Foot March Bade prior to 19 November 2019 are still authorized to wear this foreign badge pursuant to AR 600-8-22.

Additionally, soldiers who undertake the Norwegian Foot March as administered pursuant to a “foreign military exchange program” in the future will still be authorized to wear the badge.

In a memorandum entitled “Suspension of Award of the Norwegian Foot March Badge for United States Army Cadet Command Cadets (USACC) and Soldiers”, MG John R. Evans, Jr., Commander, U.S. Army Cadet Command, declared that foreign badges “will not be authorized for wear on the Army uniform, unless the badge was presented as a result of the recipient's participation in an official military exchange program in accordance with [Army Regulation 614-10].”

Frustratingly, the official memo is undated. The JAGWAR has confirmed, however, that the memo’s publication date is 19 November 2019.

The impact of this pronouncement has been sad and swift, as you can see in the screenshot.

The Norwegian Foot March is a genuinely rewarding physical challenge. It’s disappointing that there will now be significantly fewer opportunities by which to undertake it—and even fewer opportunities still by which to secure a foreign badge that heralds one’s achievement in stepping up to this task.

More analysis from CPT Hayes:

This new policy applies to every foreign badge, not just the NFMB. Every foreign badge earned before 19NOV19 is authorized for wear but, moving forward, Cadet Command assets won’t be authorized to award foreign badges—only organizations affiliated with foreign forces in their organic mission will be so authorized.

For instance: Since Fort Sill has German officers as a permanent detachment for artillery training, it can still host the GAFPB [German Armed Forces Proficiency Badge test]. And if you're stationed in Germany, of course the GAFPB is fine because it’s local.

But Fort Sill cannot specifically fly in a Norwegian officer just to administer the the NFMB. The NFMB will only be awarded (and authorized for wear) if it’s achieved pursuant to joint training with Norwegian forces.

Likely, the best opportunities to attain these distinctions will be in deployed environments at installations with a large multinational presence, where attached foreign forces can coordinate these challenges. If you anticipate being deployed, plan accordingly and see if your command has an appetite to consider these things.

The basic principle behind this new policy is that the Army doesn’t want foreign badges to come from paid events, which is what ROTCs were doing with the NFMB.

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Thanks for the intel, CPT Hayes!!!
We appreciate the analysis and clarification.

CANCELLED : Triple-R Challenge @ Fort Belvoir

To our friends, family, and colleagues in the U.S. Army JAG Corps:

It’s with a heavy heart that we regretfully announce the cancellation of the 2020 Fort Belvoir Triple-R Challenge.

Until the risks of group activity posed by COVID-19 subside, we’re playing it safe; all Triple-R Induction Challenges have been postponed until 2021.

In order to “Be Ready”, we need to Be Healthy… sound in body, sound in mind. That’s the mission of the true dual professional.

Stay tuned! We’re still hoping to host Triple-R Challenges at Fort Bragg, Fort Drum, Fort Belvoir, and Fort Irwin in 2021. Shoot us an email at jagwar[@]orderofthejagwar[.]com if your OSJA is interesting in undertaking this rigorous event!

COVID-19 UPDATE : Fort Belvoir "Triple-R Challenge"

Dear fellow JAGWARriors:

Although we’ve yet to postpone the “Triple-R Challenge” scheduled for 29 May 2020 in partnership with the Fort Belvoir OSJA, we wanted to be as proactive as possible in detailing our plans for contingencies.

The Coronavirus global pandemic has already no doubt affected you personally.  We, too, are taking steps to minimize the contagion risk of assembling members of our broader Army JAG Corps family until COVID-19 is contained and its spread reversed.   

As such, please email jagwar@orderofthejagwar.com (with subject heading “Fort Belvoir”) to be included in updates relating specifically to the Fort Belvoir “Triple-R Challenge”.   

We’ll let you know if the event is postponed, or of any precautions we intend to take as time-on-target approaches.  Given that some of our fellow attorneys and paralegals were planning on traveling to participate, it’s increasingly likely that participation may be limited solely to members of the Fort Belvoir OSJA. 

At this time, all other “Triple-R Challenges” scheduled for 2020 are date-tentative.  Information will be forthcoming.  Until then, continue to train for your Run, Rope climb, and Ruck march!  These activities are perfectly compliant with the current DoD social distancing measures, and a great way to embrace the warm weather right around the corner.  Just keep your hand sanitizer at the ready in case that rope is looking suspect…. 

As a final thought: We know this virus has impacted colleagues throughout the entire JAG Corps footprint, from here at home, to Italy and South Korea, to Iraq and Afghanistan where dynamic battlespaces already coming to terms with historic operational shifts must now confront a surreal and lethal new variable. 

So take this time to reflect on how COVID-19 is connecting us all in a shared challenge, and commit yourselves anew to TJAG’s critical mandate:  BE READY.    

Soldier. Lawyer. NINJA.

Ladies and gentlemen, as we prepare to bid 2019 adieu and ring in the new year with all the fanfare warranted by a new decade, we encourage you to look to the Army JAG Corps’s spirit animal for inspiration in crafting those New Year’s resolutions.

We first wrote about CPT Jeri D’Aurelio way back in August 2017; the intervening two years have only afforded her more time and opportunity with which to impress us. In the latest issue of The Army Lawyer, she shares her thoughts on the thrill of “functional fitness”—demonstrating as impressive an aptitude for the written word as she oft-displays on the terrain of a given American Ninja Warrior course!

“[F]itness became our office-wide bonding mechanism. . . . [E]ven if we worked out separately we still held each other accountable to complete a daily workout. In the main Office of the Staff Judge Advocate, they would play a song every hour, on the hour, prompting everyone to do an exercise for the entirety of the song before returning to work. These exercises included things like push-ups on our helmets, overhead presses with body armor, and tricep dips on the office chairs.”

To access excerpts from the PDF, click HERE. It features the article in question, and an interview.

Or, click HERE for direct access to a transcript of the interview, and HERE for her article. We’ve published some of our favorite excerpts from it below.

And, for a comprehensive review of CPT D’Aurelio’s jaw-dropping, awe-inspiring, eye-popping, heart-melting ninja performances, check out www.ninjaguide.com/ninjas/jeri-daurelio/.

“These hourly workouts and daily physical challenges not only gave our brains short breaks throughout the day, they also had an undeniable team-building effect. . . . Functional fitness is not only a stress reliever and energy booster, it opens opportunities both inside and outside of the Army.”

If you’re looking to Stan-out right along with us, here’s more CPT Jeri D’Aurelio from ANW!

So CPT D’Aurelio, what’s good with Ranger School in 2020? The JAG Corps is still in search of a Ranger Tabbed poster child….

HAPPY NEW YEAR, EVERYBODY!

DANCON accepted as JAGWAR "Warrior Event"

A few weeks ago, we received an email from an enthusiastic Judge Advocate lobbying us to accept the DANCON as one of the “Warrior Events” requisite for JAGWAR membership.  And we had no idea what she was talking about.

But after a little more research into this event, we’re exceptionally pleased to announce that YES, undertaking an administration of the Danish Contingent Ruck March—the so-called DANCON—absolutely meets the Order’s eligibility criteria as a Warrior Event. 

The DANCON has been a Danish military tradition since 1972, when the Royal Danish Army deployed to Cyprus as part of a peace keeping mission. It’s a 25 kilometer long trek that must be completed within 8 hours while carrying at least 10 kg (22 lbs) in your rucksack. 

The DANCON was most recently executed at Ali Al Salem Air Base in Kuwait on 19 October 2019.

In addition to meeting one of the criteria for JAGWAR membership, completing the DANCON will also entitle you to an authorized foreign badge: the Danish Contingent March Medal!  Check out AR 600-8-22, para D-1 (with reference to Table D-1). 

Unfortunately, though—and unlike the Norwegian Foot March Badge—the DANCON medal is only “honorary”.  Per the regulation, “this award may only be accepted and retained; it is not allowed for wear on the U.S. Army uniform.”

Paralegal SGT Clark: Leading the Way with the ESB!

The Order of the JAGWAR is pleased to announce a historic first in the annals of JAG Corps lore:

On Halloween, 31 October 2019, SGT Matthew Clark became the very first soldier in the United States Army Judge Advocate General’s Corps to obtain the new Expert Soldier Badge!

SGT Clark inspects a M320 Grenade Launcher . . .

. . . and is then timed in its assembly/disassembly!

The JAGWAR is tremendously proud of (and grateful to!) SGT Clark. This consummate “dual professional” enhances the reputation of all his fellow JAG Corps colleagues, and proves that the ESB is attainable with a diligent investment or heart and soul.

Assigned to 2nd Battalion, 17th Field Artillery Regiment, SGT Clark has forever established himself as a true pioneer, leading the way for all Army attorneys, paralegals, and legal administrators. We know you’ll continue to do great things, SGT Clark; we’re honored and humbled to be your JAG Corps colleagues!

For more on SGT Clark’s achievement, check out the Army’s official coverage. And if you’d like more information about the Expert Soldier Badge, check out the latest news.

Chronicling the 2019 Fort Irwin Triple-R Challenge

Ladies and gentlemen, the 2019 Triple-R Induction Challenge at Fort Irwin is in the books!

Yesterday (4 October) at 0500 hours, the entire Office of the Staff Judge Advocate came out to support the two paralegals and four Judge Advocates who completed this rigorous athletic event. It was a deeply inspiring performance all around.

But before we delve into the gory details, an honorable mention is in order!

The Fort Irwin OSJA’s chief paralegal—MSG Andrea Williams—served as the the Challenge’s “On-Site Event Coordinator” (OSEC) and could not have done a better job. She set the standard for logistical preparation, developing an itinerary, selecting the run and ruck course routes, setting up water stations, securing a van with which to move the event participants around post, and churning out an information packet that kept the JAGWARriors apprised of each facet of the Challenge. Both the Fort Irwin OSJA and the JAGWAR are indebted to her for such dilligence. To turn a phrase, she brings great credit upon the U.S. Army and its beloved JAG Corps!

And now: The Challenge!

The Fort Irwin OSJA kicked off the Triple-R Challenge under the enthusiastic leadership of LTC Philip Staten, who has been a staunch advocate of pursuing excellence in both arenas of our dual profession. He rallied his office to support the event as either participant or sustainer, and so it was that Fort Irwin’s legal team showed up in force before dawn for the first Challenge event: the RUN.

Pictured above-center from left to right (flanked on either side by MSG Williams and LTC Staten) are the “Candidates”: PFC Ian Greene, CPT Jason Reeves, SPC Kyle Custer-Jones, CPT Franz Bernard, MAJ Kurt Rowland, LTC Daniel Estaville, CPT Sergio Suarez. The photo on the right depicts the blur of reflective belts as the first three runners race to the finish line of the 4-mile Run route.

From there, it was off to Fort Irwin’s breathtaking “Box Gym” (below left) to transition into boots and OCPs, and then into the van (below center) for transport to the Rope climbing pit. Pictured on the right are the runners-cum-climbers, now ready to ascend 25 feet!

If you don’t know the proper technique, the Rope climb is one of the Challenge’s hardest events. Mastering the “foot-locking” method is critical to preserving strength recently sapped by the preceding breakneck pace run. The entire three-event Triple-R Challenge must be completed in 3.5 hours; there’s barely time to catch your breath, let alone regain your strength in advance of the grueling back-to-back-to-back physical demands!

As dawn breaks over the mountains, the Candidates tackle the 25’ rope!


At LEFT and RIGHT:

LTC Daniel Estaville takes a second to pose for the camera upon reaching the top of the rope!

His enthusiasm and esprit de corps proved unmatched throughout the day’s events.

Piling back into the van, the Candidates headed off to the start of the 10-mile Ruck route, where their ruck sacks were weighed to ensure compliance with the minimum load of 35-lbs.

As demonstrated by one of the enterprising Candidates, our dual profession makes excellent dual use of legal textbooks… =)

The entire OSJA assembled to support the Candidates as they prepared to SP, while MSG Williams approached each participant in turn to provide the Ruck route map and share last-minute info.

And then… THEY WERE OFF! The Challenge requires maintaining a minimum 15-minute per mile pace in order to complete the ruck in the requisite 2.5 hours.

RIGHT: Are those palm trees???

Is it just me, or is Fort Irwin a LOT nicer than conventional Army mythology would have you believe?

One of the most heartwarming aspects to Fort Irwin’s approach to the Challenge was the collegial atmosphere throughout. Pictured below are a few of the many demonstrations of support by the non-participants, who nonetheless staffed the route at various water stations to provide lickies, chewies, and hydration to the Candidates as each of them raced by.

But by far the most inspiring sight was that of the non-participants running to greet the ruck marchers as they rounded the bend, finish line in sight. Without prompting of any kind, these colleague spectators marched alongside the Candidates in solidarity as they trekked the final hurried hundred meters to victory!

And finally, it was over! Candidates crossed the finish line with a handshake and were awarded the coveted JAGWAR coin for successfully completing all three of the Triple-R Induction Challenge’s component events!

At the finish line, the Order of the Judge Advocate General’s Corps Warrior-Attorney Regiment also realized a longtime ambition: inducting its first member from the U.S. Army Reserves! LTC Daniel Estaville completed all the membership requirements in addition to the Induction Challenge. As such, he was inducted into the Order on the spot, at the finish line. (See BELOW.)

NOTE: Not featured but also inducted on 4 October 2019 was MAJ Kurt Rowland, Deputy Staff Judge Advocate. We’re incredibly grateful for his support, energy, participation, and leadership in this endeavor.

With the Challenge behind them, the Candidates and the entire OSJA team lined up for a few final photo opportunities.

The JAGWAR is honored to have partnered with the Fort Irwin OSJA to execute this Challenge. It was an impressive display of athleticism and committment, and powerfully demonstrated that Fort Irwin’s legal team truly is comprised of consummate dual professionals, to wit:

One-half legal, one-half lethal.

In closing, thank you Fort Irwin OSJA for your incredible hospitality! CPT Sommer had a blast spending the day with you folks, and it’s an honor to welcome some of you into the Order. We look forward to striving and persevering with our esteemed Fort Irwin JAG Corps colleagues again soon!

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=== A word from CPT Jesse Sommer ===

Pictured at right is me with Fort Irwin’s Staff Judge Advocate, aka “the artist formerly known as MAJ Staten” back when I knew him as one of my JAOBC instructors seven years ago.

LTC Staten was among my earliest mentors in the JAG Corps, and was uncompromising in encouraging my creativity and drive. Most significantly, though, LTC Staten unapologetically insisted that Judge Advocates cultivate athleticism and soldier skills in tandem with their legal acumen.

In short, he embodies the JAGWAR ethos and in many ways contributed to the establishment of this organization. It was thus a genuine pleasure to be invited to Fort Irwin to orchestrate and execute the Triple-R Challenge. He was enthusiastic and supportive from the earliest stages of planning and, on behalf of the Order, we’re immensely grateful for his limitless, consistent, and passionate support of our efforts.

Thank you, sir. I had a great time; I hope the new attorneys and paralegals you’re mentoring did too!

EXPERT SOLDIER BADGE : Everything You Need to Know

MEDICCCCC!!!!!  Someone get me a @#$%&*ing MEDICCCCC!!!!  ‘Cause I can barely breathe amidst the cardiac arrest ignited by news that the United States Army is finally preparing to initiate testing for the new Expert Soldier Badge (first announced back in 2017). 

Fix me up good, Doc, and keep your lips sealed about this whole “breathless” episode; I can’t afford to let a profile thwart me from fulfilling this destiny.

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Here’s the backstory:
Back in June, while commemorating the U.S. Army’s 244th Birthday, the Training and Doctrine Command (TRADOC) announced a brand new proficiency badge. It declared that pursuit of this award was “designed to improve lethality, recognize excellence in Soldier combat skills and increase individual, unit and overall Army readiness.”

Now, as we leap into the first quarter of the new fiscal year, plans are being laid to begin testing that could afford any Soldier who isn’t infantry, special forces, or a combat medic the honor of sporting an accoutrement attesting to his/her skill on a battlefield.

This is a BDF, guys…
The new badge will be equivalent to the Expert Infantryman Badge and Expert Field Medical Badge and will similarly test core infantry and combat medic proficiency.  Like its more famous and established counterparts, the Expert Soldier Badge “will test general soldiering skills,” according to CSM Edward W. Mitchell of the Center for Initial Military Training.  “By offering testing and a badge, the Army hopes to incentivize units to train their warrior tasks and battle drills while in garrison and during peacetime.”

 “We wanted every soldier to make sure they understand that they are experts in their field,” CSM Mitchell said. "Achieving the new badge ... requires a much higher standard, just like its cousins.”

“This is not a badge to award so that the entire Army now has an ‘expert’ badge to wear,” says TRADOC CSM Timothy A. Guden.  Just as “not every Infantryman or Special Forces soldier earns the EIB and not every medic earns the EFMB . . . this is a badge to award to those who truly deserve recognition as an expert in their career field.”

BADGE DESIGN and TESTING
The new skill badge will be nearly a spitting image of the Combat Action Badge, minus the wreath. The badge displays the same M9 bayonet knife and M67 frag grenade inlaid against a solid, gray rectangular bar.

The ESB initiative is designed to improve the readiness of its Soldiers, as two decades of constant deployments has taken its toll on the force.

Testing will first become available from October 2019 through March 2020, and the standards will not be adjusted for age, gender or any other criteria.

It will be up to brigade commanders when to schedule the test, but because most of the events are common among the three expert badges—about 80 percent of the tasks will be the same—units can run tests for different badges simultaneously.

To qualify to take the 5-day test, soldiers must pass the Army Combat Fitness Test, qualify as “Expert” on the M4 Carbine or M16 rifle, and then be recommended by their chain of command. The test will then involve another ACFT, day and night land navigation, individual testing stations, and then a culminating 12-mile foot march in three hours or less.  (Yes, I know, Mom… three hours or fewer).

Test events will be based on the warrior tasks and battle drills first introduced at basic training, as well as five events selected by the brigade commander from a unit’s Mission Essential Task List.  These could include reacting to an IED attack, marking CBRN-contaminated sites, or building a defensive fighting position.

Events will be graded on “go or no-go” completion, but soldiers can still receive a few “no-go’s” and earn the badge.

NOT JUST A “PARTICIPATION TROPHY”…
The name of the Expert Soldier Badge signals the badge’s significance to non-infantry, non-combat medic, and non-Special Forces soldiers.  (Those MOS types can already achieve the EIB and EFMB instead, and won’t be eligible to compete for this badge.)  Yet CSM Mitchell pushes back against those who say the new badge is a “participation ribbon” for Soldiers who opted out of the risks of the infantry.

And that’s because CSM Mitchell believes the standards for the new badge will limit the number of Soldiers able to achieve it, just like the other expert badges.  His objective, he says, is “to find out who is the top 1 or 2 percent across the board.” 

Quote CSM Mitchell:  “Every infantry solider does not have an EIB.  Every medical soldier does not have the EFMB. And I guarantee you, every soldier across the force will not have the ESB.”

That doesn’t mean every soldier shouldn’t try. Because, again, the key driver behind the badge is readiness—ensuring soldiers are practicing their basic warrior tasks and battle drills in garrison. 

You can see form Sergeant Major of the Army (SMA) Daniel A. Dailey’s fingerprints all over this one; his comments on the new badge sum it up perfectly: 

“The ESB will be an important component of increasing Soldier lethality and overall readiness to help achieve the vision for the Army of 2028.  The EIB and EFMB have supported the Infantry and medical fields with distinction, ensuring their Soldiers maintain critical skills, while recognizing the very best among them. The ESB will achieve the same for the rest of the Army.”

In short, the badge will measure the art of Soldiering.  ESB training and testing will be extremely challenging, mission-focused, and conducted under realistic conditions.  And I can’t wait to see Army JAG Corps attorneys, paralegals, legal administrators (and dare I say judges?) sporting proof of their “dual professionalism”.

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UPDATE 1 (15 October 2019):

UPDATE 2 (1 October 2020):

Upcoming "Triple-R" Challenges

The Order of the JAGWAR is partnering with OSJAs at Fort Irwin and Fort Rucker to conduct two “Triple-R Induction Challenges” in the month of OCTOBER.

If you want to undertake the Challenge, email jagwar@orderofthejagwar.com for more information. We’ll help you plan and prepare for the event—a key component of your Order of the JAGWAR membership application.

Fort Irwin National Training Center

Friday, 4 October 2019

The Challenge begins @ 0500 hours

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Fort Rucker U.S. Army Aviation Center of Excellence

Friday, 25 October 2019

The Challenge begins @ 0600 hours

Participants at the Fort Rucker Challenge are also invited to attend the Office of the Staff Judge Advocate DINING OUT later that evening! For more information, contact jagwar@orderofthejagwar.com.

The Triple-R Challenge consists of three athletic events, negotiated back-to-back-to-back in no more than 3.5 hours.

  • The 1st event is the RUN in Army PTs. It must be completed in no more than 36 minutes.

  • The 2nd event is the ROPE climb in OCPs. Boots are required, helmets are not.

  • The 3rd event is the RUCK MARCH in OCPs, completed in no more than 2.5 hours. Participants are required to carry a minimum of 35 lbs. in their rucks sacks.

For more information on the Triple-R Induction Challenge, click HERE.

The Case for A Single Standard on the ACFT

If you missed 2019’s first issue of The Army Lawyer, invest 5 minutes reading the very last article at the back of the publication.  It’s written by MAJ Sam Gabremariam, who succinctly advocates for the implementation of a single scoring standard on the soon-to-be-deployed Army Combat Fitness Test. He’s staunchly opposed to adopting different performance metrics as applied to various military occupational specialties.   

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I find his position compelling. 

The JAGWAR has been vocal in its rejection of tests that assess Soldiers pursuant to different standards predicated on age or gender. And while the Army initially seemed to share that perspective, it has begun to dial back its commitment to the single-standard ethos.  MAJ Gabremariam captures our thoughts in these pull quotes:

“Aside from the sheer physical challenge that the test presents, the other notable change introduced by the ACFT is a gender and age neutral scoring paradigm. Where the current test is a health based assessment, taking into account gender and age to score fitness, the ACFT is indifferent to these distinctions. The ACFT is focused more on combat readiness, and its varying exercises and movements are designed to better indicate how effective a Soldier will be in a combat environment.” 

MAJ Gabremariam notes that “a major reason for the Army’s transition to the gender and age neutral ACFT is to ensure that all Soldiers are ready for combat operations.”  This makes sense, for as he further clarifies in his article: “all Soldiers will be expected to do the same basic tasks in combat, so they should all have to pass the same test . . . [which] should be a more realistic measure of a Soldiers physical ability to withstand the rigors of a combat environment.”

MAJ Gabremariam expresses “profound confusion” that the Army is abandoning a gender- and age-based scoring regime only to introduce “another bifurcated scoring model [that] would set one minimum passing standard for those in combat-arms units . . . and another, less challenging, standard for all others.”

But it’s his closing argument that most caught our eye, what with the fine point he put on it—by reference to our Marine Corps brethren.

“While other services like the Marine Corps laud that every Marine is a rifleman, we would undermine our Soldiers by quietly pronouncing that not all Soldiers are expected to soldier. How else would Soldiers perceive entire segments of the Army population that are held to a lower standard—it will cause adverse cultural reverberations that will overtly split Soldiers into distinct tiers [resulting in] lowered expectations.”

The Order of the JAGWAR was founded atop the optimistic principle of self-starting initiative, to serve as an outlet for the ambitions of the Soldiers in our Corps, and to help attorneys, paralegals, and legal administrators achieve the highest standards that the Army expects of its warfighters.  Such was our interpretation of the JAG Corps’s critical mission:  to be a Soldier First, and a Lawyer Always. 

Yet there’s also a practical (and even defensive) element to the JAGWAR mission.  Never should personnel in the JAG Corps be subjected to lowered expectations by Big Army, and never should they warrant them. 

Yes: the ACFT will likely launch—initially—with assessments of Soldiers judged according to different MOS-based standards.  But if that is to be the case, Army JAG Corps members should discipline themselves to compete at the highest level, to hold themselves to the elite standards, and to demonstrate to the Army-at-large that its legal professionals perform at and with the very top. 

Fortunately, the Order of the JAGWAR is perfectly positioned to assist in the fulfillment of this mission-critical objective….. 

"Find Your Yoda"

I know I’m nearly six months late to the party, but I finally got around to reading 2019’s first issue of The Army Lawyer. And to my delight, I stumbled upon the abridged version of BG (Ret) Richard Gross’s “Solf-Warren Lecture in National Security Law” as delivered at TJAGLCS on 23 March 2018. That was over a year ago, but his words clearly won’t grow stale. Give it a read.

BG (Ret) Gross is one of the esteemed members of the JAGWAR Board of Advisors; his biography on that page encapsulates only a fraction of the incredible things he accomplished during his tenure as an Active Duty Judge Advocate. He’s afforded our organization an incredible depth of insight.

BG (Ret) Gross’s address last year was entitled “Find Your Yoda: Ten Rules for Being a Rock-Star Operational Attorney”. It’s witty and well-written, and the editors at The Army Lawyer have done such a fantastic job presenting his words that I won’t endeavor to summarize them here. But I’ll nonetheless paraphrase a few of my favorite tidbits:

  • Be integrated into your command’s business all the time. You have to be present; get out of your office.

  • Take the long view. The COA may be legal, but it also may be stupid; embrace your role as a command advisor.

  • However, be clear when you’re giving non-legal advice or counsel. You're one of many advisors, and just one of many perspectives.

  • Always be the voice of calm in the room.

  • You won’t know everything. Build and sustain a network of experts to whom you can turn.

  • Take all of the blame, and none of the credit!

  • Ignore rank. “You will be amazed at what you can find out when you are nice to everybody, when you treat everybody the same, with the same kind of dignity and respect.”

  • There will always be enough work to fill the time. Discipline yourself to shut it off; go home. The work will be there when you get back.

Are we lucky to have this guy as an Advisor or what? With a nod to BG (Ret) Gross’s guidance to take none of the credit, I hereby finally reveal that it was BG (Ret) Gross who devised the idea for the Order of the JAGWAR “mentor network”, which we launched earlier this year.

Much gratitude to BG (Ret) Gross and to all the people who contributed to the process of sharing his words.

Integrating the Active and Reserve Components

joint-army-logo.jpg

Last month, the U.S. Army Judge Advocate General (TJAG) and Deputy Judge Advocate General (DJAG) addressed the entire JAG Corps community to rally attorneys, paralegals, and legal administrators in both the Active and Reserve Components to better integrate their cultures and activities. They announced the approval of “Active Component/Reserve Component integration protocols to ensure Total Force Readiness” and, in so doing, signaled their faith in the vital importance of all forms of Army JAG Corps service.

Regardless of whether such was their intention, TJAG/DJAG’s call to action inspired us; more effectively integrating the Active and Reserve Component JAG Corps experience is a cause near and dear to the JAGWAR’s heart. Indeed, it’s one of the principal missions of our Order!

Declaring it imperative to “create a cohesive team amongst all components to attain the readiness level that supports the warfighting mission of the future”, our JAG Corps leadership directed Active Component Staff Judge Advocates (SJAs) to “identify training/support opportunities and work with their RC partners to plan integration events.”

And fortunately, the Order of the JAGWAR is poised and ready to assist in executing this mission.

In fact, this coming October, the JAGWAR is partnering with the Fort Irwin Office of the Staff Judge Advocate to administer yet another Triple-R Induction Challenge. So far, it appears that the participants will be legal professionals assigned both to Fort Irwin and to nearby Army Reserve units. We’re really excited to welcome into the Order what we expect will be our first Reserve Component Inductee(s), and we’re proud that our organization is fulfilling TJAG/DJAG’s mandate to help foster integration between the Active Component and Reserve Component, all in an effort to “improve Total Readiness throughout the Corps.”

Regardless of how you serve(d), where you serve(d), when you serve(d), the Order of the JAGWAR salutes your service. Never stop striving, JAGWARriors! Today is yet another day to BE READY!

*** Triple-R Induction Challenge at Fort Sill, OK ***

Just shy of 0300 hours on 17 May 2019 at the Army’s historic Fort Sill, Oklahoma, five intrepid members of the post’s Office of the Staff Judge Advocate assembled at the starting line of 2019’s first “Triple-R Challenge” in pursuit of induction to the honorable Order of the JAGWAR.

PFC Ricardo Muñoz, Jr., CPT Justin B. Hayes, SGT Thomas I. Eisiminger III, CPT Evan C. Freemyer, and SGT Allen N. Nguyen looking HOOAH just minutes before tackling the Challenge!

Over the course of the next 3.5 hours, the three paralegals and two Judge Advocates conducted the requisite 4-mile run, pre-dawn rope climb, and 10-mile ruck march carrying 35 lbs. or more. Tackling each phase of the Challenge in back-to-back succession, these Soldiers exemplified the meaning of “dual professional”!

The Challenge was a commendable success, with all five participants finishing the component events within the designated time constraints (to wit, the run within 36 minutes and the ruck march within 2.5 hours).

ABOVE: After a quick uniform change, the Candidates ascend the 20’ rope!

COL Kohn and LTC Robertson supporting their troops!

Most notable during the Challenge was the enthusiastic attendance of both the Fort Sill Staff Judge Advocate and Deputy SJA throughout the entire event.

COL Maureen Kohn and LTC Jeffrey Robertson joined their Soldiers at the starting line to cheer them on, then belted out words of encouragement each time the induction Candidates completed a lap around the designated courses.

They powerfully illustrated the type of leadership that the Order of the JAGWAR seeks to foster.

ABOVE: Halfway through the ruck march as dawn breaks over Fort Sill….
BELOW (center): COL Kohn motivates her team as they cross the finish line, one-by-one.

ABOVE: Candidates earn a handshake and the coveted JAGWAR Coin upon finishing the arduous ruck march.

Fort Sill’s Triple-R Induction Challenge came on the heels of the 2019 Bataan Death March, which served as these Soldiers’ “qualifying Warrior Event” necessary to secure Induction into the Order. Impressively, it also preceded by just one week the 25 May 2019 Norwegian Foot March in Castle Rock, Colorado, which CPT Hayes and SGT Nguyen intend to undertake.

BELOW: Bloodied but not beaten! Exhausted legal professionals relishing victory in proper sit-up position, as the team displays their newly earned “mantles of responsibility”!

Special mention goes to PFC Ricardo Muñoz for completing the 4-mile run in under 25 minutes, and to CPT Evan Freemyer for his 1st place finish in the ruck march event.

And additional commendations to CPT Freemyer for serving as the On-Site Event Coordinator (OSEC), which entailed planning the race/ruck routes, coordinating the logistics and contingencies, and ensuring that his fellow Soldiers’ JAGWAR application packets were properly squared away. 

Welcoming the Order’s newest Inductees!

At a ceremony later that night at Fort Sill’s JAG Ball, CPT Freemyer, CPT Hayes, and SGT Eisiminger—having met all of the additional eligibility requirements—were formally inducted into the Order of the JAGWAR.

All eyes now turn to SGY Nguyen and PFC Muñoz to take their rightful place on the JAGWAR rolls, once they’ve knocked out the few remaining eligibility tasks at hand.

CPT Evan Freemyer

SGT Thomas Eisiminger

CPT Justin Hayes

A word of special thanks to BG Stephen Smith, Commandant of the Field Artillery School and Chief of Field Artillery, for joining the Inductees on their special night!

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CPT Jesse S. Sommer, Sponsor for the 2019 Fort Sill Triple-R Induction Challenge, praises the new Order Inductees and describes the mission of the Judge Advocate General’s Warrior-Attorney Regiment.

DeGlopper Air Assault School cuts sling load

Your fears are manifest, JAGWARriors:  After nearly 9 months of silence, Fort Bragg’s DeGlopper Air Assault School is officially shutting down.  That’s a huge blow to the Army JAG Corps experience.

Open since 2013, the DeGlopper Air Assault School afforded paralegals and Judge Advocates lucky enough to be stationed at Fort Bragg an easier path towards negotiating the most fun two weeks you can have in the Army. 

Physically challenging, devilishly silly, and intellectually demanding, the Air Assault School experience tested the mettle of those who got the opportunity.  From the obstacle course, to the in-class instruction punctuated by capricious smoke sessions, to rappelling out of rotary wing aircraft and the follow-on pre-dawn 12-mile ruck march, the DeGlopper course kick-started the ambitions of myriad JAG Corps members committed to developing their Solider skills in line with their legal acumen. 

And because so many commands are located at Bragg, over its six year run the DeGlopper Air Assault School catered to scores of 27-series folks from XVIII Airborne Corps (its parent unit), the 82nd Airborne Division, 3rd Expeditionary Sustainment Command, U.S. Army Special Operations Command, 1st Special Forces Command (Airborne), and a slew of other Bragg-based tenant units.

If you were one of the select few 27As/27Ds fortunate enough to exploit this opportunity, commit yourself to paying it forward:  upon attaining the lofty mantle of leadership, be sure to send the worthy under your charge to the Air Assault Schools still in operation, to wit, the Sabalauski Air Assault School at Fort Campbell, the Warrior Training Center at Fort Benning, or the Light Fighter School at Fort Drum.