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Navy promotes SEAL commander in defiance of Congress

JANFU

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https://www.washingtonpost.com/inve...l-349pm:homepage/story&utm_term=.4d6e8c10ce10

The promotion capped a long-running controversy over Losey’s record as a commander of the SEALs and other elite Special Operations forces during a highly decorated 33-year military career.Three separate investigations by the Defense Department’s inspector general found that Losey had wrongly fired, demoted or punished subordinates during a vengeful but fruitless hunt for an anonymous whistleblower under his command.

The Board for Correction of Naval Records receives 12,000 applications annually and typically takes between 10 and 18 months to issue a final decision, according to Navy officials.

Losey’s application was approved by the board and Mabus in seven weeks.
I know nothing of this case except it appears to have been expedited.
 
He was a great warfighting officer, now retired, I approve.
 
https://www.washingtonpost.com/inve...l-349pm:homepage/story&utm_term=.4d6e8c10ce10


I know nothing of this case except it appears to have been expedited.

I hit a paywall at the site.

I can tell you this from only reading the title however, the US Constitution gives Congress (the Senate specifically) the final word on promotions of all officers in all the uniformed services, most especially flag officers. The Navy doesn't want to get into a Constitutional pissing contest with Congress over this. It falls under the "Advice and Consent Clause" of the US Constitution, and Title 10 of the US Code.
 
I hit a paywall at the site.

I can tell you this from only reading the title however, the US Constitution gives Congress (the Senate specifically) the final word on promotions of all officers in all the uniformed services, most especially flag officers. The Navy doesn't want to get into a Constitutional pissing contest with Congress over this. It falls under the "Advice and Consent Clause" of the US Constitution, and Title 10 of the US Code.

I read the whole article and I am still not sure how this was a legal promotion. The Senate has to confirm any such moves. The only thing I can come up with is because he is retired and this is an after-the-fact promotion, it doesn't actually affect the number of Flag Officer billets. Maybe there is some work around because of that?
 
I hit a paywall at the site.

I can tell you this from only reading the title however, the US Constitution gives Congress (the Senate specifically) the final word on promotions of all officers in all the uniformed services, most especially flag officers. The Navy doesn't want to get into a Constitutional pissing contest with Congress over this. It falls under the "Advice and Consent Clause" of the US Constitution, and Title 10 of the US Code.

You beat me to it. The military doesn't have the authority to promote anyone, unilaterally, up to only E6.
 
I read the whole article and I am still not sure how this was a legal promotion. The Senate has to confirm any such moves. The only thing I can come up with is because he is retired and this is an after-the-fact promotion, it doesn't actually affect the number of Flag Officer billets. Maybe there is some work around because of that?

It doesn't effect the number of billets, but even in retirement, a flag officer is still an officer of the United States, subject to recall at any time. There is, however, a difference between retirement rank and actual rank. He may have been increased in retirement rank and left stationary in actual rank if ever recalled. But, that should still require Senate approval.

I don't have a clue how the Navy is going to get away with this.
 
I read the whole article and I am still not sure how this was a legal promotion. The Senate has to confirm any such moves. The only thing I can come up with is because he is retired and this is an after-the-fact promotion, it doesn't actually affect the number of Flag Officer billets. Maybe there is some work around because of that?

I think that nailed it
 
It doesn't effect the number of billets, but even in retirement, a flag officer is still an officer of the United States, subject to recall at any time. There is, however, a difference between retirement rank and actual rank. He may have been increased in retirement rank and left stationary in actual rank if ever recalled. But, that should still require Senate approval.

I don't have a clue how the Navy is going to get away with this.

I might have found the "loophole". This article is from a year ago regarding his forced retirement.

Navy SEAL admiral?s rare, public punishment - The San Diego Union-Tribune

"The Senate approved the nomination to give Losey a second star in December 2011, but the promotion was delayed pending the outcome of the Pentagon investigations."

"Losey’s nomination then went to a Navy review board, which voted 3 to 0 to promote him, the defense official said.

But by then, the sentiment toward Losey had changed in Congress. When it became clear that key senators would stall other Pentagon nominations in protest of the planned promotion for Losey, the Navy announced last week that it would withdraw the promotion and the SEAL would seek retirement this summer."

So it looks like the Senate did officially approve the promotion but then the Navy didn't go through with it due to further political pressure. So that would mean it was in the Navy's hands at that point and that would also mean they could reverse their own decision.
 
I might have found the "loophole". This article is from a year ago regarding his forced retirement.

Navy SEAL admiral?s rare, public punishment - The San Diego Union-Tribune

"The Senate approved the nomination to give Losey a second star in December 2011, but the promotion was delayed pending the outcome of the Pentagon investigations."

"Losey’s nomination then went to a Navy review board, which voted 3 to 0 to promote him, the defense official said.

But by then, the sentiment toward Losey had changed in Congress. When it became clear that key senators would stall other Pentagon nominations in protest of the planned promotion for Losey, the Navy announced last week that it would withdraw the promotion and the SEAL would seek retirement this summer."

So it looks like the Senate did officially approve the promotion but then the Navy didn't go through with it due to further political pressure. So that would mean it was in the Navy's hands at that point and that would also mean they could reverse their own decision.

Well, there you go. Nice find. Once the Senate acted and gave the Navy the authority, they can't say later "We changed our mind" without impeachment proceedings, which I doubt they'd ever do to a Naval Officer.

Again, nice find.

WaPo's title was at best misleading, and at worst, a plain lie.
 
Approve or not, great guy or not, if the Senate doesn't approve this move, the Navy's action would be UnConstitutional and therefore illegal.

I am fine with letting the courts figure it out, but I approve of trying to get this guy another star for his service. The NAVY is a complete wreck, in part because under OBAMA once again no one cared about how good a warfighter a guy is, it is all about conforming and acting "right", which of course in part includes being a full participant in Obama's social engineering programs in the military, which I was never supportive of, because they have better things to do. I dont trust the system to tell me the truth, he very well may have done nothing wrong.

I could of course spend a bunch of time looking at the case but I am not willing to do the work, I already have made up my mind what Obama did to the military, any iffy cases get ruled by me for whom ever the civilian leaders did not like, because the leadership sucked and to the leaders of the failed organization must go the majority of the blame for that failure, and all individual parts of that failure.

Maybe this case the drumming out of one of the premier special forces warriors of his generation.

Laie_28.gif
 
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I am fine with letting the courts figure it out, but I approve of trying to get this guy another star for his service. The NAVY is a complete wreck, in part because under OBAMA once again no one cared about how good a warfighter a guy is, it is all about conforming and acting "right", which of course in part includes being a full participant in Obama's social engineering programs in the military, which I was never supportive of, because they have better things to do. I dont trust the system to tell me the truth, he very well may have done nothing wrong.

I could of course spend a bunch of time looking at the case but I am not willing to do the work, I already have made up my mind what Obama did to the military, any iffy cases get ruled by me for whom ever the civilian leaders did not like, because the leadership sucked and to the leaders of the failed organization must go the majority of the blame for that failure, and all individual parts of that failure.

Maybe this case the drumming out of one of the premier special forces warriors of his generation.

BrewerBob, or whatever he's calling himself these days (no disrespect intended, I just can't remember), figured out what had happened via some admirable detective work. He posted it in a post previous to this one. His research completely changes mine and every other post prior to his letting us know what he found out.
 
BrewerBob, or whatever he's calling himself these days (no disrespect intended, I just can't remember), figured out what had happened via some admirable detective work. He posted it in a post previous to this one. His research completely changes mine and every other post prior to his letting us know what he found out.

A link would be helpful.

Look, I have spent not even 15 minutes looking at and thinking about this case.....I could be wrong. The Navy has been throwing a lot of top people out, I am sure that sometimes they deserved it.
 
Fine, but what I want to know is whether the Navy was right to drum him out. Cause I expect not.

Do you have any info on that?

Alright, that is a whole other matter. It doesn't seem the Navy wanted to drum him out since their own investigation into him violating whistle blower protection laws cleared him. But Senators were threatening to hold up other Pentagon appointments if the Navy went through with the investigation. And a military career is an up or out career. If you can't be promoted then you are shown the door.

The Navy did give him a letter of counseling into his record. Maybe some Navy folks can tell me what that means. Counseling in the Army is neither negative or positive. Literally everyone gets counseled in the Army. In the Air Force letters of counseling are for infractions. I don't know about the Navy.
 
Alright, that is a whole other matter. It doesn't seem the Navy wanted to drum him out since their own investigation into him violating whistle blower protection laws cleared him. But Senators were threatening to hold up other Pentagon appointments if the Navy went through with the investigation. And a military career is an up or out career. If you can't be promoted then you are shown the door.

The Navy did give him a letter of counseling into his record. Maybe some Navy folks can tell me what that means. Counseling in the Army is neither negative or positive. Literally everyone gets counseled in the Army. In the Air Force letters of counseling are for infractions. I don't know about the Navy.

Maybe for pissing off that NGO, likely with cause....

Sounds like firing a great teacher because a few parents came bitching.

We cant prioritize for **** anymore.
 
Alright, that is a whole other matter. It doesn't seem the Navy wanted to drum him out since their own investigation into him violating whistle blower protection laws cleared him. But Senators were threatening to hold up other Pentagon appointments if the Navy went through with the investigation. And a military career is an up or out career. If you can't be promoted then you are shown the door.

The Navy did give him a letter of counseling into his record. Maybe some Navy folks can tell me what that means. Counseling in the Army is neither negative or positive. Literally everyone gets counseled in the Army. In the Air Force letters of counseling are for infractions. I don't know about the Navy.

I meant to say promotion, not investigation.
 
I am fine with letting the courts figure it out, but I approve of trying to get this guy another star for his service. The NAVY is a complete wreck, in part because under OBAMA once again no one cared about how good a warfighter a guy is, it is all about conforming and acting "right", which of course in part includes being a full participant in Obama's social engineering programs in the military, which I was never supportive of, because they have better things to do. I dont trust the system to tell me the truth, he very well may have done nothing wrong.

I could of course spend a bunch of time looking at the case but I am not willing to do the work, I already have made up my mind what Obama did to the military, any iffy cases get ruled by me for whom ever the civilian leaders did not like, because the leadership sucked and to the leaders of the failed organization must go the majority of the blame for that failure, and all individual parts of that failure.

Maybe this case the drumming out of one of the premier special forces warriors of his generation.

Laie_28.gif

This isn't within the court's realm of authority.
 
Alright, that is a whole other matter. It doesn't seem the Navy wanted to drum him out since their own investigation into him violating whistle blower protection laws cleared him. But Senators were threatening to hold up other Pentagon appointments if the Navy went through with the investigation. And a military career is an up or out career. If you can't be promoted then you are shown the door.

The Navy did give him a letter of counseling into his record. Maybe some Navy folks can tell me what that means. Counseling in the Army is neither negative or positive. Literally everyone gets counseled in the Army. In the Air Force letters of counseling are for infractions. I don't know about the Navy.

It would seem that a letter of counseling in this dude's case would be negative, even if the Navy has a good/bad counseling system in place.
 
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