Military News

Wednesday, November 18, 2009

Funeral Highlights Search for Missing Servicemembers

By Ian Graham
Special to American Forces Press Service

Nov. 18, 2009 - The leaves are changing color at Arlington National Cemetery – a bright backdrop for something as sobering as a funeral. An Army chaplain in his dress blues presents a folded flag to the fallen's next of kin, a man who looks to be in his 40s. This is not a father mourning the loss of his son, though. Rather, it's a son finally receiving closure after his father went missing in the South Pacific decades ago. Funeral services like this, identical in form and location to the ones performed for the fallen from Iraq and Afghanistan, bring to light the ongoing search the Defense Department has undertaken to make sure every servicemember who goes abroad comes home.

"We're not looking for a name on a piece of paper, we're looking for our fathers, uncles, and brothers," said Army Lt. Col. Eric Wolf, chief of the Past Conflict Repatriations Branch of the Army's Casualty and Mortuary Affairs Operations Center.

Wolf's office oversees the Army's effort to locate and identify the remains of every missing soldier. Forensic evidence, genealogy and old-fashioned detective work are all a part of the process, which sometimes begins in the unlikeliest of circumstances.

Wolf described one story that began with a scuba expedition. The divers found the wreckage of a B-26 that had gone down in 1942 off the coast of Palau. After a string of phone calls to different groups and agencies that dealt with military wreckage, the Joint Prisoners of War/Missing in Action Accounting Command, or JPAC, became involved.

The JPAC, based in Honolulu, conducted a full archaeological dig, 70 feet under water, gathering human remains and other artifacts from the wreckage. Some research gave them the names of the men who were aboard the plane.

"It's then we get to make the phone call, to this family who's known their father and husband have been missing, to tell them 'We think we've found your father,'" Wolf said.

Wolf's office then works with the family to get any information it might need to positively identify remains, whether it's something forensic like a blood sample or dental records or photographs and anecdotal evidence, such as artifact identification.

In the case of the Palau wreckage, Wolf found the family, then living in Texas, and got to brief them on how their father was found and what the Army would be able to do for them as the family of a deceased servicemember.

Sometimes a search is quick, and remains can be easily identified because of artifacts such as identification tags or dental remains that are easy to research and compare. But some cases have been in the works for more than 10 years.

Wolf's office stays in contact with the families it works with as it investigates, sharing information to put the pieces together, even if it takes waiting for new technology such as mitochondrial DNA testing to develop before conclusive results can be found. Once those results are found, he said, the length of the wait seems trivial.

"It's the most rewarding and fulfilling mission I've had in my 26 years in the Army," he said. "It's heartwarming to know, as a soldier myself, that no matter where I am in the world, or what I'm doing, I have the confidence and knowledge that, should I perish or go missing, the military and our government will never stop looking for me. Every soldier, sailor, airman and Marine has a long trail of family and the nation behind them."

Once they remains are identified and returned to the family, they can be buried with the honors given to any current servicemember – in today's case, a caisson and honor guard from the Army's Old Guard and music by the Army Band helped bring to an end the mystery surrounding the disappearance of the crew of "The Happy Legend," a B-25 that went missing Dec. 5, 1942, near Papua, New Guinea.

For Wolf, it means seven fewer people on the ever-shrinking list of soldiers unaccounted for, and a return to the continuing pursuit of soldiers still missing.

"It may sound cliché -- I know it does -- but they are never forgotten," he said. "We will never forget. We're going to keep searching until we bring every one of our brothers home from the battlefield."

(Ian Graham works in the Defense Media Activity's emerging media directorate.)

Scouts Honor Servicemembers at Ceremony

By Jim Garamone
American Forces Press Service

Nov. 18, 2009 - Character was the focus as Scouting saluted the military yesterday. U.S. Rep. Ike Skelton of Missouri told about 500 people from Boy Scouts' National Capital Area Council that the values of Boy Scouts and the military are constant and that both organizations seek to serve something greater than themselves.

This was the first Scout dinner saluting the military. Retired Navy Capt. Scott Gray, who now works with event sponsor General Dynamics, said he hopes to make the event an annual affair. The Crystal Gateway Marriott – a stone's throw from the Pentagon – hosted the event.

The council honored a servicemember from each service. Each honoree demonstrated the commitment to service that Scouting exemplifies and promotes, said former Veterans Affairs Secretary Togo West, an Eagle Scout and the event host. The Eagle Scout award is the highest in the organization.

The honorees are role models for youth and exemplify the values of both Scouting and the military, West said. "The Boy Scouts of America and the armed forces of the United States share ... a common bond of service and honor," he said.

Skelton, also an Eagle Scout, spoke of his experiences in Scouting since December 1943, when he first became a Tenderfoot Scout. It was World War II, and Skelton, now the chairman of the House Armed Services Committee, talked about how his Scout troop would send off older Scouts as they went to war.

He praised the council for hosting an event that ties Scouting with the military. "One builds character, and the military defends our freedoms," he said. "Scouting is not just an organization, it is a way of life."

The honorees are:

-- Army Staff Sgt. David R. Gibbons, based at Fort Bragg. N.C.;

-- Navy Petty Officer 2nd Class Valerie Herrod, a bostswain's mate with the Navy Ceremonial Unit in Anacostia Naval Station, D.C.;

-- Air Force Tech. Sgt. John A. Marshall, an aerospace medical expert at Andrews Air Force Base, Md.;

-- Marine Corps Sgt. Henry J. Reinewald, a recruiter in Detroit; and

-- Coast Guard Petty Officer Lavelas D. Luckey, based at the Coast Guard Station in Baltimore.

Gibbons enlisted in 2003 as one of the first soldiers to go directly into Special Forces. He is an Eagle Scout and served in Afghanistan. He now is an instructor at the Special Warfare Center and School, and is the Bear Den leader for his son Ethan's Cub Scout pack.

Herrod has served as the Ceremonial Guard's community service coordinator since she arrived in December 2007. She has organized her sailors to help with local Special Olympics and National Lands Day, and for working with wounded warriors and at the Armed Forces Retirement Home.

While an Air Force medic, Marshall deployed with NATO troops in Afghanistan, where he saved the life of a Canadian soldier. Here, he works closely to aid the homeless. He volunteers at a local soup kitchen and has initiated a blanket drive to aid the homeless.

Reinewald is another Eagle Scout. He joined the Marine Corps in 2001 and has deployed overseas as an artilleryman. Reinewald is a recruiter in Detroit and he hopes to work closely with recruits wishing to join the service.

Luckey received the Coast Guard Medal – the highest award in the service – for rescuing a 5-year old girl who was trapped in a burning car following an accident. He joined the Coast Guard in 1999 and has served aboard two ships.

"Those of you in uniform tonight, you are examples to our Scouts," Skelton said. "That's what the young Scouts of today must learn. They need to follow your example, because they are going to be in your shoes and they need to be challenged to give the best that is in them."

Foiled Pirate Attack Encourages Defense Officials

By Army Sgt. 1st Class Michael J. Carden
American Forces Press Service

Nov. 18, 2009 - Defense Department officials are pleased with the Maersk Alabama's successful defense against suspected pirates today off the coast of Somalia, Pentagon spokesman Bryan Whitman said. Four suspected pirates in a skiff used small-arms weapons in an attempt to board the U.S.-flagged ship, but were unsuccessful. The ship's security team responded with evasive maneuvers, acoustic devices and small-arms fire, which deterred the attack without assistance from U.S. military in the region.

"We are pleased that we had a ship that was able to take appropriate actions to prevent itself from being hijacked," Whitman told Pentagon reporters.

Whitman noted that the international shipping industry has been very engaged in sharing best practices against pirates. Pentagon officials have encouraged such talks, which involve evasion techniques, transit routes and protection teams, he said.

"It's clear, at least in this particular case, some of those practices were employed," he said, adding that there was no specific U.S. military involvement in the repelled attack.

But piracy in the region remains a concern, Whitman said, and the department is looking for ways to help in reducing the threat. But in addition to U.S. military involvement, he said, efforts from the international community and continued measures within the shipping industry are necessary.

"There is no single solution to piracy," Whitman said. "It's something that has to be dealt with internationally and across the broad front with a broad array of tactics and techniques.

"We're seeing that employed more often," he continued. "This, I think, is an example not only of evasive techniques, but defense posture ... making it more challenging for pirates."

No injuries or damage were reported aboard the Maersk Alabama, which is proceeding to its destination of Mombasa, Kenya.

Suspected Somali pirates briefly seized the Maersk Alabama off the coast of Somalia on April 8 and held the ship's skipper, Capt. Richard Phillips, hostage for five days on a skiff. U.S. naval forces rescued Phillips on April 12, killing three suspected pirates and taking one into custody.

High-Performance MRO in the Military

Nov. 18, 2009 Military supply chains are unique because what is supplied to the end user is routinely returned to the supply chain for maintenance, repair, and overhaul (MRO). Offering a blueprint for transforming military depot workload and processes into those of high-performance commercial facilities, Enterprise Sustainability: Enhancing the Military’s Ability to Perform Its Mission provides a powerful system of concepts and tools for enhancing the ability of the military to perform MRO on its weapon systems. These concepts and tools are applicable to any enterprise, military or commercial, that is concerned about sustainability.

The text focuses on five abilities that must be considered to achieve efficient, cost-saving operations: Availability of required parts, facilities, tools, and manpower; Dependability of the weapon systems; Capability of the enterprise to perform the mission; Affordability and improving the life cycle cost (LCC) of a system or project; Marketability of concepts and motivating decision makers; Aging weapons systems, an aging workforce, limited financial resources, new technologies, and an increased military operational tempo demand that the military develop an aggressive transformation plan for its sustainability.

This book follows An Architecture for a Lean Transformation, the first in a series dedicated to sustaining an enterprise. In this second volume, the authors continue to provide an analysis of, and prescription for, the strategies, principles, and technologies that are necessary to sustain an enterprise like the military and the weapons system it develops and utilizes.

About the Authors
Dennis F.X. Mathaisel holds the Doctor of Philosophy degree from MIT. He was a Research Scientist in the Department of Aeronautics & Astronautics at MIT for over 20 years, where most recently he was a lead researcher for the MIT Lean Sustainment Initiative and consultant for the U.S Air Force. He was founder and President of a computer software firm that developed systems for airline scheduling and resource allocation, and he was a Branch Manager for Operations Research at the McDonnell Douglas Corporation. Currently, he is Professor of Management Science at Babson College, where his teaching interests are in the fields of management science and quantitative methods, and his research is focused on the sustainment of complex aging systems and lean manufacturing. His publications appear in numerous academic and professional journals, and he is a Full Member of the Institute for Operations Research and Management Science (INFORMS), the Decision Sciences Institute (DSI), and the Airline Group of the International Federation of Operational Research Societies (AGIFORS). He was President of the Air Transportation Research International Forum (ATRIF). Dennis is a private pilot and an owner of a Cessna 182 aircraft.

Joel M. Manary is a senior systems engineer for Ocean Systems Engineering Corporation. He has more than 20 years experience in acquisition program management and systems engineering management. He was a program manager of an automated tool improvement project. He was a senior systems analyst, staff consultant and advisor to senior managers in the Office of the Secretary of Defense, Department of Defense, and Naval Air Systems Command. He also has more than 20 years experience in operational systems support, as an active duty Air Force maintenance officer. He holds a master of science degree in logistics and systems acquisition management at the Air Force Institute of Technology. He is an MIT research fellow and has participated in several studies as part of the MIT Advanced Studies Program.

Clare L. Comm is professor of marketing in the College of Management at the University of Massachusetts – Lowell, where she specializes in services marketing and buyer behavior. She has also taught at Babson College, Radcliffe Seminars Program, and the University of Indonesia for MIT’s Flight Transportation Laboratory. She is a member of the editorial board of the International Journal of Business Excellence. She also is an Alfred P. Sloan Foundation affiliate. She holds a Ph.D. in marketing from the University of Cincinnati.

More Information

Homeless Dogs Help Healing Troops

By Fred W. Baker III
American Forces Press Service

Nov. 18, 2009 - Lawrence Minnis never met a dog he didn't like. "I want just about every dog I see," the Army captain said with a laugh. Minnis is especially fond of pit bulls, and he somewhat resembles his favorite breed -- broad-shouldered, stocky and muscular. He sat on the floor in the back of a classroom at a Washington Humane Society shelter here recently, stroking his adopted black pit bull, Ebony.

As happy and healthy as the two appear now, they met when they were both on the mend – Minnis from a near-crippling infection and Ebony from nearly starving and freezing to death. The two shared a companionship that helped them heal and ultimately altered the course of their lives.

Minnis met Ebony through the Humane Society's Dog Tags program in which soldiers recovering at Walter Reed Army Medical Center sign up to help the shelter dogs learn to behave. It's a program in which everyone benefits, officials said; the soldiers get out of the hospital and learn to care for and train the dogs, and the dogs learn better behavior, making them more adoptable.

"They're really loving those relationships with the animals," said Diana Foley, behavior and training counselor with the Humane Society. "It gives them a way to get away from Walter Reed. They can come here and interact with the animals."

The program began simply enough more than a year ago. The shelter is located just across the street from the Walter Reed campus. Soldiers out walking would come across shelter staff members walking the dogs. They would stop and pet the dogs and seemed to enjoy getting to know them. Officials at the shelter had the idea to hook the two together through a training program for the troops and the dogs.

The society now offers two classes weekly that teach soldiers about dog behavior and training. Troops filter through the Georgia Avenue shelter learning the basics of dog behavior and how to read dog body language and train the dogs. The mix of hands-on and classroom training offers the troops enough expertise that they can use the skills as a launching pad for a career.

"We want the program to be educational so that if there are servicemembers in the program that want to potentially pursue this as a career, ... they're getting as much information as possible and as much hands-on time as possible with the dogs," Foley said. "We also want it to be recreational, too, for people who ... just love animals and like spending time with the dogs."

The six-month program is split into three levels, ranging from beginner to advanced. In the beginner class, troops learn basic animal body language and obedience commands such as "sit" and "stay." In the advanced classes, troops learn to evaluate the dogs' temperament and how to begin working with aggression issues and separation anxiety.

The skills the dogs learn in the classes translate to better placement opportunities, Foley said. The program has far expanded the amount of training the shelter's dogs received previously.

"This is another way our dogs are outside of their kennels being talked to and touched and interacting with people," she said. "That's extremely beneficial to reduce the stress levels of the animals in our kennels, and at the same time, it makes the animals far more successful in their new homes if they come into it with some basic obedience training."

But for all of the good it is for the dogs, it is equally beneficial for the recovering troops, Foley said.

"It's really just an outlet to be social with people and social with the animals and have time away from the hospital," she said.

Foley described one soldier who came to the class who was having difficulty interacting with people. He didn't make eye contact and kept to himself. Working with the dogs built his confidence and helped to bridge his shyness with the staff.

"It really helped him develop social relationships with people," Foley said. "He went from being a very, very shy person when he first entered. [Now] he's totally not that same shy person that he came into the program being."

Some of the dogs are at the shelter for a few months, and many of the soldiers develop close relationships with them. Others develop friendships with the staff. Some soldiers remain on as volunteers at the shelter long after the classes end, Foley said. Minnis continues to work with the shelter.

After a viral infection in his brain stem left him temporarily unable to walk and barely able to talk, the Army officer found himself recovering at Walter Reed. He was deployed to Iraq at the start of a promising Army career when he got sick. At Walter Reed, he found out he couldn't deploy again.

In May 2008, his occupational therapist recommended him to the Dog Tags program. Minnis said he had wanted to get a dog for a pet anyway, so he thought it would be a good opportunity to learn a few skills. The shelter had several of his favorite breed on hand, and the dogs were good companions and good for his physical therapy.

"It helped me while I was still trying to walk, being active, having to walk around with the dog. [During training], I'm not focused on me having balance issues or [not] being able to speak. I'm concentrating on what I need to do to train the dog," Minnis said. "It takes the focus completely off of me and puts it on the dog and what we're doing."

But Minnis' interests soon expanded, and often he would visit the shelter just to sit and play with the dogs. He said it was his quiet time.

"You don't have anybody asking you what's going on. You don't feel a threat. It's a just a dog to bond with and have fun with," he said.

As it looked more like he would be medically retired, Minnis said the training took on a different perspective. He was a business major in college, and always wanted to be an entrepreneur. He figured a dog training business would be easy to start and not require a lot of money or overhead.

"I figured it's a perfect opportunity," he said. "I get to learn how to train [and] have a business I can work on, or at least a side business."

Minnis eventually adopted Ebony, one of his favorite dogs. The two now regularly attend the shelter classes, helping to train others on animal behavior. Minnis also takes Ebony to the Metropolitan Police Department when he speaks to cadets going through training there, noting that he hopes to cast a more positive light on a breed that has captured a lot of negative attention.

He teaches the cadets to read a dog's body language so they can tell when there is a real threat.

"I would take her with me ... so they can get used to seeing a pit bull that's not what they see on TV," Minnis said. "Often, officers don't really know if the dog is friendly, scared or ready to attack."

In fact, Ebony is one of the friendliest dogs the cadets will meet, he said -- friendly enough that he felt comfortable bringing her home to his two small boys.

"It's never about the breed. It's about who owns them and how well you train them and the structure you have around them," Minnis said. "From Day One, she was perfect around my kids. She respected them."

In the end, though, it is not a dog-training business that Minnis decided to pursue. It is, however, what he learned from the lessons during the training and while working with the dogs that led to what he hopes is a promising career.

During the training, Minnis said, he began pondering how leadership principles in dog training are the same as with dealing with people.

"Dogs are pack creatures. Humans are pack creatures. It's the same leadership," he said. "It's not about a title, or in our case in the military, your rank, that makes you a leader. It's if you're doing the natural things that make you a leader in your pack."

Now Minnis is researching and writing a book on the principles of leadership and packaging a presentation targeting businesses, the military and government. He already has given a few presentations on his theories, and is refining and expanding on them.

Minnis still is a few weeks away from his medical retirement, and is working to get back to 100 percent. He has joined a gym, started jogging, and adopted another pit bull from the shelter named Nina.

Between working on his recovery and his book, Minnis said, he hopes to help the humane society expand the Dog Tags program. It is worthy, he said, of reaching beyond the Capital Beltway and out to other active duty installations.

"Anywhere you go, there are going to be dogs that need training and soldiers who are going through some type of therapy that will benefit from it," he said. "I want to make sure that's going to be able to expand and reach out to a lot more soldiers. It's a great program."

Maersk Alabama Crew Repels Suspected Pirate Attack

By Navy Petty Officer 2nd Class Nathan Schaeffer
Special to American Forces Press Service

Nov. 18, 2009 - The U.S.-flagged Maersk Alabama's security team repelled an attack from suspected pirates this morning 560 nautical miles off the northeastern coast of Somalia, U.S. Naval Forces Central Command officials reported. Four suspected pirates in a skiff came within 300 yards of the Maersk Alabama and used small-arms weapons in an attempt to board the ship.

The ship's security team responded with evasive maneuvers, long-range acoustic devices and small-arms fire, causing the suspected pirates to break off their attack. The acoustic devices emit a high-pitched sound that can be painful to human ears.

"Due to Maersk Alabama following maritime industry's best [anti-piracy] practices such as embarking security teams, the ship was able to prevent being successfully attacked by pirates," said Navy Vice Adm. William E. Gortney, commander of U.S. Naval Forces Central Command and U.S. 5th Fleet. "This is a great example of how merchant mariners can take proactive action to prevent being attacked, and why we recommend that ships follow industry best practices if they're in high-risk areas."

No injuries or damage were reported aboard the ship, which is proceeding to its destination of Mombasa, Kenya.

Suspected Somali pirates briefly seized the Maersk Alabama off the coast of Somalia on April 8 and held the ship's skipper, Capt. Richard Phillips, hostage for five days on a skiff. U.S. naval forces rescued Phillips on April 12, killing three suspected pirates and taking one into custody.

(Navy Petty Officer 2nd Class Nathan Schaeffer serves with U.S. Naval Forces Central Command.)

National Guard (In Federal Status) And Reserve Activated As Of November 17, 2009

This week the Navy, Air Force and Coast Guard announced an increase in activated reservists, while the Army and Marine Corps announced a decrease. The net collective result is 1,045 fewer reservists activated than last week.

At any given time, services may activate some units and individuals while deactivating others, making it possible for these figures to either increase or decrease. The total number currently on active duty from the Army National Guard and Army Reserve is 106,104; Navy Reserve, 6,516; Air National Guard and Air Force Reserve, 13,756; Marine Corps Reserve, 7,838; and the Coast Guard Reserve, 774. This brings the total National Guard and Reserve personnel who have been activated to 134,988, including both units and individual augmentees.

A cumulative roster of all National Guard and Reserve personnel who are currently activated may be found at http://www.defenselink.mil/news/Nov2009/d20091117ngr.pdf.

Pentagon Ceremony Honors Top Teachers

By Gerry J. Gilmore
American Forces Press Service

Nov. 18, 2009 - The top teachers in the Defense Department's worldwide school system were recognized yesterday by the U.S. military's senior officer at a Pentagon ceremony. Navy Adm. Mike Mullen, chairman of the Joint Chiefs of Staff, greeted and thanked the Department of Defense Education Activity's Teacher of the Year and District Teachers of the Year award recipients for 2010.

"There is probably no more important profession at this time in our history than teaching," Mullen told the assembled educators.

The annual Teacher of the Year program highlights the significant role that DoDEA teachers play in students' lives and the contributions they make to the quality of life for military families, particularly the stability and consistency they provide during times of deployment and separation. A panel selects the annual Teacher of the Year from among district nominees.

DoDEA's teachers have "been a big part of the glue that is holding us together in an enormously stressful time," said Mullen, noting many military parents are deployed overseas in support of the conflicts in Iraq and Afghanistan.

It is important, Mullen said, for military parents "to know that their kids are in good schools and [are] being well taught."

Susan S. Morris, nominated by the Heidelberg District in Germany, is the 2010 DoDEA Teacher of the Year.

District Teachers of the Year also honored at the ceremony include:

-- Gretchen Wall, Bavaria District, Germany;

-- Pam Koon, Georgia/Alabama District;

-- Juana Aguon, Guam District;

-- Margaret Ann Bruce, Isles District, England;

-- Cleo Strazdas, Kaiserslautern District, Germany;

-- Brenda Schultz-von-Hawker, Kentucky District;

-- Clover Stephenson, Korea District;

-- Suzanne Sperl, Mediterranean District;

-- Lynn Magalong Lowe, New York/Virginia/Puerto Rico District;

-- Darla Williamitis, North Carolina District;

-- Seth Renquist, Okinawa District, Japan; and

-- Mitch Finley, South Carolina/Fort Stewart District.

"It is just the ultimate milestone of my career to represent the men and women of the military and their children and all the teachers that we have in DoDEA," Morris said. She teaches social studies to 7th and 8th graders in Heidelberg, Germany.

Teaching "is a personal calling," Morris said, and good teachers build positive relationships with students and their families.

"Get to know your kids and develop a great relationship with them," she said. "From that, you invest in the families, and you find out what their needs are."

Aguon teaches algebra and geometry at Guam High School.

"I really shouldn't be self-congratulatory" about being recognized as a district-level DoDEA Teacher of the Year, she said, noting her honor is "all about" the teaching profession.

"We all have a responsibility to our kids; especially to our military kids," she said.

Tommy T. Thomas, deputy undersecretary of defense for military community and family policy, was on hand to congratulate the department's top teachers.

"These teachers represent the highest quality of educators that we have in this country," said Thomas, noting that DoDEA's Teacher of the Year recipient goes on to compete in the National Teacher of the Year competition. President Barack Obama is slated to announce the winner in April.

"Our Department of Defense teachers have one of the highest pass rates of students in the country – and that's on a global scale," Thomas said. "It is important to recognize the fact that they are teaching and building American citizens through education."

More than 85,000 students, ranging from pre-kindergarten through grade 12, began this school year at 192 DoDEA schools worldwide. About 8,700 teachers work at DoDEA schools located stateside and in 12 foreign countries.

"We understand that as we teach them, both abroad and stateside, it is for the well-being of the country," Thomas said. "And that is our future."

A CRITICAL LOOK AT NAVY V. EGAN

A 1988 U.S. Supreme Court decision known as Department of the Navy v. Egan has often been interpreted to support broad presidential authority over national security generally and over access to classified information in particular. Along with United States v. Reynolds, Curtiss-Wright, and a few other cases, Egan is regularly cited in support of strong, even unchecked executive authority and judicial deference to executive claims. It has become a cornerstone of national security law as practiced today.

But the case has often been misunderstood and misrepresented, according to a new study by Louis Fisher of the Law Library of Congress, who reviewed the development and interpretation of Egan in more than 180 judicial decisions.

The Egan decision was prompted by a narrow statutory dispute: Did the Merit Systems Protection Board (an executive branch body) have the authority to review the revocation of a security clearance by the Navy (another executive branch body)? The court concluded that Congress had not intended to permit such review.

But in reaching that straightforward conclusion, "various passages in Egan strayed from this central issue and created confusion and misconceptions"
about the scope of executive authority and the role of the courts, wrote Dr. Fisher. Among such passages was a discussion of the President's constitutional powers culminating in the statement that "Unless Congress specifically has provided otherwise, courts traditionally have been reluctant to intrude upon the authority of the Executive in military and national security affairs."

Over time, Egan came to signify the notion that courts should grant the "utmost deference" -- or even absolute deference -- to the executive on issues of national security. Citing Egan, one court in 1993 held that "the presumption of reviewability is entirely inapplicable in matters concerning national security." This is an extreme view that would exclude the courts altogether from national security affairs. "Egan does not support that interpretation," wrote Fisher. But there it is.

In a 2002 report on leaks of classified information, Attorney General John Ashcroft cited Egan in support of the proposition that "The President has the power under the Constitution to protect national security secrets from unauthorized disclosure. This extends to defining what information constitutes a national security secret and to determining who may have access to that secret." These statements are true except for the implication that such authority is exclusively the province of the executive. The Attorney General conspicuously neglected to note the qualification in Egan which stated "Unless Congress has specifically provided otherwise...."

Recently, observed Fisher, some courts have presented a more nuanced reading of Egan. In proceedings such as Al-Haramain and Horn v. Huddle, courts have rebuffed executive arguments for complete deference in cases where Congress has legislated its intent into statute.

Fundamentally, Fisher concludes, "Nothing in Egan recognizes a plenary or exclusive power on the part of the President over classified information."
See "Judicial Interpretations of Egan" by Louis Fisher, Law Library of Congress, November 13, 2009:

http://www.fas.org/sgp/eprint/egan.pdf

Dr. Fisher will be the luncheon speaker at a day-long conference November
18 on "The State of the State Secrets Privilege" at American University Washington College of Law.

MILITARY CONTRACTS November 17, 2009

NAVY
Lockheed Martin Maritime Systems and Sensors, Moorestown, N.J., is being awarded a $41,100,000 modification to previously awarded contract (N00024-03-C-5102) for combat systems engineering (CSE) and installation and test aboard KDX-III Ship 2 to support Republic of Korea (ROK) Foreign Military Sales. ROK competitively selected the U.S. Navy/Lockheed Martin Aegis Combat System (ACS) for its KDX-III shipbuilding program. These requirements include the necessary CSE, computer program development, and ship integration and test support to deliver a variant of the U.S. Navy Aegis weapon system Baseline 7 Phase I computer program and equipment to support the construction of the second Korean ship in the KDX-III class. In addition, this contract funds an integrated test team to assist the Korean shipyard in performing installation and testing of the ACS. Work will be performed in Moorestown, N.J. (53 percent), and (Korea 47 percent), and is expected to be completed by December 2010. Contract funds will not expire at the end of the current fiscal year. The Naval Sea Systems Command, Washington Navy Yard, Washington, D.C., is the contracting activity.

ARMY
GM GDLS Defense Group, LLC, JV, Sterling Heights, Mich., was awarded on Nov. 12, 2009, a $16,623,805 cost-plus-fixed-fee contract. This contract is to determine and provide long lead materials required to support the reset of Stryker Brigades 3/2, 4/2 and 5/2. Work is to be performed in Sterling Heights, Mich. (3 percent), and Shelby Township, Mich. (97 percent), with an estimated completion date of Nov. 30, 2010. One bid was solicited with one bid received. Tank Automotive & Armament Command, SFAE-GCS-BCT-P, Warren, Mich., is the contracting activity (W56HZV-07-D-M112)

Ascend Intelligence, LLC, Arlington, Va., was awarded on Nov. 16, 2009, a $14,035,223 cost-plus-fixed-fee contract for the research and development, sustainment and procurement of an advanced tactical information system, a tactical ground reporting system of networked information systems with map based user interface. Work is to be performed in Arlington, Va. (86.95 percent), Fort Washington, Pa. (4.7 percent), San Diego, Calif., (1.95 percent), Falls Church, Va. (5.36 percent), and Cherry Hill, N.J. (1.04 percent), with an estimated completion date of Nov. 16, 2013. Bids were solicited on the World Wide Web with 59 bids received. Defense Advanced Research Projects Agency, Contract Management Office, Arlington, Va., is the contracting activity (HR0011-10-C-0030).

King Fisher Marine Service, LP, Port Lavaca, Texas, was awarded on Nov. 16, 2009, a $8,937,945 firm-fixed-price contract. The work will consist of maintenance deep draft channel dredging of approximately 3.6 million cubic yards and spillbox repair. Work is to be performed in Harris County, Texas, with an estimated completion date of Nov. 30, 2010. Ten bids solicited with three bids received. U.S. Army Engineer District, Galveston, Galveston, Texas, is the contracting activity (W912HY-10-C-0007).

Kustom Truck & RV, Inc., Coos Bay, Ore., was awarded on Nov. 16, 2009, a $6,480,000 firm-fixed-price contract for 200 each and 100 percent option maintenance kits, for the Heavy Expanded Mobility Tactical Truck. Work is to be performed in Coos Bay, Ore., with an estimated completion date of Oct. 14, 2010. One bid was solicited with two bids received. U.S. Army Tank, Automotive Command, Warren, Mich., is the contracting activity (W56HZV-10-C-0017).

GTS International, LLC, Euless, Texas, was awarded on Nov. 16, 2009, a $5,942,797 firm-fixed-price contract for various night vision equipment items and various support items for Foreign Military Sales cases. Work is to be performed in Euless, Texas, with an estimated completion date of June 30, 2010. One sole source bid was solicited with one bid received. The CECOM Acquisition Center, Fort Monmouth, N.J., is the contracting activity (W12P7T-10-C-D210).

SPECIAL OPERATIONS COMMAND
L-3 Services, Inc., of Reston, Va., was awarded a $24,827,222 cost-plus-fixed-fee contract for a base year and four optional years for the imagery analysis services requirement in support of Special Operations Command. The work will be performed primarily at Fort Bragg, N.C. The services will run through Nov. 16, 2014, if all options are exercised. Contract funds will expire at the end of the current fiscal year. This contract was awarded through full and open competition. The contract number is H92222-10-C-0005.