# Expeditionary Law: Remarks on How to Succeed in the Deployed Environment

[Major General (S) Jack L. Rives]{.smallcaps}[^1]

*General Rives delivered the closing address at the 2001 annual
Operations Law/JAG Flag Course. This course is designed to give Air
Force judge advocates and paralegals who are likely to deploy an
understanding of complex legal issues which could confront them in a
forward operating location during times of conflict, increased
international tensions, or humanitarian need. The theme of the 2001
course was, "The Role of the JAG-paralegal team as part of an Air
Expeditionary Force." Following is a non-verbatim version of General
Rives' remarks to the course graduates.*

Good morning. I'll begin with a confession: When I addressed last year's
JAG Flag class, I made a mistake. I knew that I was speaking to
experienced judge advocates and paralegals, many of whom had already
deployed to various locations worldwide. Seeking to reinforce the
message that everyone in the room had the background and training
necessary for success, at the outset of my comments I asked the audience
to raise their hands if they were ready---right then---to deploy. Not a
single hand went up. They must have thought it was a trick question, and
I realized I had not provided the right context for my audience.

I won't make that mistake today. I will explain why I'm convinced each
of you is ready to succeed in a deployed environment, but this year I
won't ask "The Question" until I've better described my perspective.

I believe there are two keys for a successful deployment: a positive
attitude and adherence to our core values. First, you need to have a
positive attitude. Be excited about the opportunities every day will
present; your upbeat approach will be a real force multiplier. Have a
"can do" attitude and pursue your duties as a *problem solver*. And
then, you need to live our Air Force Core Values every day. Integrity
First. Service Before Self. Excellence in All We Do. These two
things---attitude and core values---are the foundation for personal and
professional success during your deployments.

I'd like to spend a few moments putting our current deployment
responsibilities into historical context for you. Consider the military
career of our current Secretary of State, retired General Colin Powell.
After he graduated from the City College of New York and its Army ROTC
program in 1958, then-Lieutenant Powell went through basic infantry
officer and Ranger training. Then he was assigned to his first duty
station, as a platoon leader near the Fulda Gap in West Germany. The
Cold War policy of containment was already well established and widely
understood. Lieutenant Powell and his soldiers knew their mission, which
was to stop the Russian army and its Warsaw Pact allies from invading
free Europe.

In 1986, then-Lieutenant General Powell assumed command of the Army's V
Corps, the most powerful army in the world. General Powell made a point
to visit his old bunker near the Fulda Gap. There he found a young
lieutenant platoon leader tasked with the mission of containment, the
same basic duties that Colin Powell had performed 28 years before.

In 1991, when General Powell was Chairman of the Joint Chiefs of Staff,
he again visited Germany. By then, the Soviet Union had dissolved. The
Cold War was over. The United States no longer faced a rival military
superpower. Germany was no longer divided into "East" and "West." The
Fulda Gap had become merely a geographical mark and the old bunker was
abandoned.

The Cold War was certainly a difficult period that presented massive
challenges to our defense establishment. However, through that almost
half-century of time, we had broad bipartisan support for the national
security strategy of containment. Today, we continue to face a dangerous
world, but the threats are dramatically different than those of the Cold
War era. How do we respond to today's national security challenges?

For the Air Force, the answer lies in a return to our roots as an
expeditionary force. Back in the days of the Army Air Corps, we were
defined by our expeditionary nature. The pilots and aircrews of World
War I and II flew missions from forward-deployed locations, often under
austere conditions. The image many of us have of young airmen sleeping
under their aircrafts' wings, preparing for their next mission, was
often reality. Over the years, the United States Air Force grew into its
role as a separate branch of the United States military. We adapted to
Cold War requirements by building an enormous infrastructure of
permanent forward operating bases.

Judge advocates and paralegals had broad and important duties through
the Cold War years. But we tended to exemplify that era's garrison
force, doing our job at home station or from a temporary duty location.
We participated in mobility lines, but we rarely deployed. We helped
with base exercises, but we seldom left the confines of our home bases
to do so.

Today, our national security strategy has evolved from containment to
engagement. The Air Force has reduced our overseas permanent operating
bases by nearly seventy percent since the end of the Cold War. The
overall number of airmen has decreased by forty percent, while our
deployment taskings have increased by some four hundred percent.
Clearly, we are again an expeditionary force.

It's important for all of you to understand some terms of this new era.
"EAF" stands for Expeditionary Aerospace Force---it's *what* we are. We
are able to deploy rapidly anywhere in the world to perform a variety of
missions, from conventional warfighting to peacekeeping to humanitarian
endeavors. "AEF"---Aerospace Expeditionary Force packages---is *how* we
do it. We provide the theater combatant commanders with the right AEF
package to accomplish the mission.

Every JAG and paralegal who has a certain level of training, experience,
work ethic and capabilities is ready to deploy. The JAG/paralegal duties
in the deployed environment call for substantially the same skill set as
that required for daily duties at home station. More sophisticated
"operational law" duties, on the other hand, require specialized
training and more substantial experience.

A somewhat limited number of judge advocates and paralegals are suited
for duties in an Aerospace Operations Center or an operational
headquarters. But deployment law simply involves Air Force "JA" duties
performed in a deployed setting. The vast majority of judge advocates
and paralegals are capable of excelling on a deployment.

This background information sets the stage for my discussion of the
JAG/paralegal role in deployments. While people often speak of a
deployment as the 90 or so days during which an airman will be assigned
to a unit physically distant from home station, the deployment process
involves much more. Your duties as a deployed JAG or paralegal do not
begin when you arrive at your deployed location. In fact, if you wait
until then to focus on your deployment objectives, you will be far
behind and unlikely to excel.

Deployments can be broken down into three distinct phases.
Pre-deployment comes first. While you continue to work on home station
duties, you must also plan for what you'll be doing at your deployed
location. Doing your "normal" duties effectively is an essential part of
preparing for a successful deployment. But procrastination over your
deployment responsibilities can be a recipe for disaster.

I'll emphasize the three keys in the pre-deployment phase: Preparation!
Preparation! Preparation! The JAG team must be able to provide the full
range of legal services from the moment they arrive in the Area of
Responsibility (AOR). Don't expect your time in the AOR to be a time to
learn the job. While I'm confident it'll prove to be a great experience
and that you'll learn a lot, you have to show up ready to serve,
beginning with your first day in theater.

Besides comprehensive job knowledge and a broad base of experience, the
pre-deploying JAG and paralegal should take the opportunity to learn
from other JAGs and paralegals who have deployed. Gather "lessons
learned" from them. Attend courses, like this one, which prepare you for
the challenges of deployed operations. Judge advocates should learn as
much as possible about fiscal law. Paralegals must be proficient with
both military justice and claims, and have a good understanding of
AMJAMS and AFCIMS. Familiarize yourself with technology that you will
use while deployed. Become proficient with SIPRNET use. Know what's in
the "JAG in the box" (AKA the "Blue Cube") and how it works. If you
don't know how to use a fax machine and other equipment, learn now.
Above all, take an expansive view of the role of a deployed JAG team
member. Realize, for example, that deployed locations are often not as
well manned with administrative or communications specialists, and learn
some basic computer troubleshooting.

Be physically fit. The demands of deployed operations will be much
easier to handle if you arrive in good physical shape. Also, maintain a
good fitness regimen while deployed. Just as a hectic work schedule at
your home station can cause you to skip workouts, so can the often
jam-packed days at your deployed location tempt you to reduce or skip
exercise opportunities. By arriving and staying in shape, your
effectiveness at your deployed location will be markedly improved (and
more enjoyable).

Learn your new mission. Before you deploy, orient yourself to the AOR.
Become familiar with the operations at your deployed location. Learn
about the weapons and weapons systems the Air Force and our sister
services are using there.

Military justice questions may become complicated in the deployed
environment. Sometimes, there are differences in approaches between the
"home" and deployed units. Other services can also become involved in
disciplinary issues. Be prepared to handle them.

Understand the joint or combined nature of operations at your deployed
site. Today, almost all deployed operations are conducted jointly, and
many are done in cooperation with other nations. "Joint operations" are
military endeavors taken in conjunction with sister services; "combined"
operations are undertaken with the militaries of other nations. Combined
operations can be part of a coalition or an alliance. In simple terms,
coalition partners share *interests*, while alliance partners share
*values*.

Some commands, such as 9th Air Force/CENTAF, offer en route "spin up"
training. CENTAF is responsible for operations in Southwest Asia, and
judge advocates and paralegals deploying to that AOR spend a day at Shaw
AFB getting oriented to their new duties. Tailored briefings and updates
are provided.

Proper preparation will help you avoid or at least minimize problems.
Once deployed, you will face many challenges, some of them
unpredictable. Let's move now to some thoughts on how to thrive during
the deployment phase.

Recognize from the moment you arrive in theater that you have a new
chain of command. Your normal home unit of assignment can remain a point
of contact for social calls, e-mails and letters. But address every
mission-related issue with your new deployed chain of command. If you
deploy to Prince Sultan Air Base, Saudi Arabia, for example, you'll be
part of 363 AEW, regardless your permanent home station. While deployed
to 363 AEW/JA, you'll work with CENTAF/JA, ACC/JA and also with the
Joint Task Force-Southwest Asia staff judge advocate (JTF-SWA/JA).

It's especially important in the deployed environment for judge
advocates to balance their "can do" approach to mission accomplishment
with the need to say "no" when "no" is the right answer. Deployed
commanders often have a heightened sense of mission and of the need to
accomplish important matters "sooner than later." But sometimes, the law
will not permit commanders to do what they want to do, when they want to
do it. This can be especially true with fiscal issues. Your commander
may have the very best of motives in wanting a certain outcome, but when
Congress has not appropriated funds necessary for that purpose, the
commander must be told that resources cannot be expended. This may not
be a "gray" area and there may not be another path to reach the
commander's goal. The JAG must effectively explain the rules, provide
the right advice always, and preclude problems by telling commanders
what they need to know---even when it's difficult.

I have mentioned that you should take an expansive view of your duties.
Judge advocates and paralegals, by virtue of their skills and training,
are often tasked for "additional duties" in such areas as executive
officer, public affairs, protocol, and host nation liaison. By treating
these new challenges as opportunities to excel, you will enhance mission
accomplishment while gaining credibility for yourself and for the JAG
Department.

An expansive view of your job also means active participation in a
variety of base functions. Go to mission briefings, learn what other
units and staff agencies are doing, and help them do it when you can.
Take part in recreational and athletic activities. Your deployments will
be much better personally and professionally if you integrate well into
your new team.

Take care of the core JA responsibilities that can help with quality of
life at your deployed site. Claims and legal assistance work by the JAG
team can mean the difference between having motivated and productive
personnel and having frustrated, demoralized personnel. You're
performing an important service for a deployed individual who files a
claim because of lost luggage or another problem. Similarly, legal
assistance takes on real significance at a deployed location. Take your
responsibilities seriously and respond professionally and promptly.

Military justice is a critical responsibility at deployed locations.
Learn to do Article 15 actions and courts-martial the right way at your
home station. Remember to keep your deployed JA chain informed of issues
and rely on them for advice and assistance. Depending on the AOR,
disciplinary infractions can have broad impacts. For instance, in
Southwest Asia, our bases are located in predominantly Muslim countries,
which forbid alcohol possession and consumption. To respect local
standards, we have made alcoholic beverages contraband at the SWA bases.
What could be a mundane underage drinking violation at a home station
can be a source of potential international friction when it occurs at a
deployed site.

I urge you to work for improvements to benefit your successors. Consider
the ancient Greeks and their olive trees. Those who planted seeds and
toiled over young olive trees knew they were unlikely to directly
benefit from their efforts. But they did the work so that later
generations could reap the benefits. Similarly, on a relatively short
deployment you will have many opportunities to "plant seeds" for the
benefit of your successors. There will be innumerable things you can do
to make your deployed location better for those who follow you. Set up
(or update) continuity books and other files so that your successors
will not have to re-solve problems you already worked; order furniture
and equipment; maybe even design a new facility.

Remember that a successful deployed JAG or paralegal is one with a "can
do" attitude who views the deployment as a great opportunity to excel.

The final phase of the deployment process is post-deployment. You'll
need to take some time to re-charge your batteries and get re-acquainted
with family and friends upon your return. Take pride in your hard work
and many accomplishments while deployed. But don't let your deployment
become a distant memory too soon; make the time to do things that will
help others have a better deployment.

Pass on lessons learned from your deployment. You can do this informally
by discussing your experiences. Many commands require formal end-of-tour
reports. Treat this requirement seriously and write yours while the
memories are fresh. Take advantage of opportunities to speak about your
deployment to a variety of audiences. Write articles for your base
paper, the *Reporter*, the *Air Force Law Review*, and perhaps your
state bar journal.

Also, recall how you treasured every "care package" or piece of mail you
received while away. Take it upon yourself to return the favor by way of
writing or sending packages to currently deployed Air Force members.
Energize your office to do the same. By improving life for those who
deploy after you, you will contribute to their mission accomplishment.

Now, I want to come back to my opening comments. Please raise your hand
if you believe you are ready, right now, for the challenges and
opportunities of a deployment. (*All hands are raised*). Great! I, too,
believe that you are all prepared to do the right things on a
deployment.

How many of you saw the 1970 movie *Patton*, in which George C. Scott
won an Academy Award for his portrayal of General George S. Patton, Jr.?
(*Fewer than half the audience raised their hands*). Hmmm, I suppose it
has been more than 30 years since the movie was released. In a famous
scene at the beginning of the movie, the general addressed his troops in
front of a huge American flag. At one point, he paused in his
exhortations to reflect that perhaps 30 years from now, the soldiers
would be sitting around firesides with their grandchildren, who would
ask them what they had done in the Great War. General Patton advised the
troops that they were about to do bold and important things; they would
not have to pause and respond, "Well, I shoveled \[manure\] in
Louisiana" while their countrymen were expending heroic efforts.

So it is with deployments. Consider the day, 30 or so years from now,
when you'll be sitting around with your grandchildren and they ask you
what did during the early days of our Great Expeditionary Aerospace
Force. For those who deploy, you'll have fantastic stories to tell---and
you won't have to say, "Well, I worked on powers of attorney in
Louisiana."

Everyone in the Air Force contributes to our nation's freedom, but it's
in the deployed environment that you'll be at the "tip of the spear." As
you look back over your Air Force career, I have no doubt that you will
remember your deployed days among your fondest memories.

Last year, just before talking to students in this course, I visited the
SWA AOR. One of the more memorable places I saw was the MIA Museum in
Kuwait City. The Kuwaitis have over 600 men, women and children who are
unaccounted for from the Iraqi occupation of 1990-91. I met the museum
curator, who had attended college in the United States and had returned
to Kuwait just before the Iraqi invasion. The curator explained the
hardships of the occupation and the continuing anguish caused by the
still-missing countrymen.

But then he looked me in the eyes and he thanked me. He told me that the
American military presence in his country means that he and others can
go to work and resume normal lives, secure in the knowledge that our
forces are there to provide security and comfort to the Kuwaitis. He
said that if we were not there, he would constantly worry about his
family and the threat of invasion and oppression.

That's what our deployments are really all about. We can provide peace
of mind to good people who simply want to lead peaceful lives. If you
ever wonder whether you make a difference as you serve in the Air Force,
think of that man.

As you prepare to deploy, I remind you that you never know when or where
huge challenges and opportunities may lurk. At our recent TJAG Awards
Banquet, this year's Kuhfeld Award winner as the Outstanding Young Judge
Advocate of 2000 was recognized in part for his actions while deployed.
The C-130 transport plane that was bringing Major Eric Dillow and others
to Al Jaber Air Base, Kuwait, crashed, resulting in death and severe
injuries to several on board. Major Dillow was himself wounded, but he
deferred medical attention to assist with care of a severely injured
airman. Because of the trauma he had endured, Major Dillow was offered
an opportunity to cancel his deployment and return home. But Major
Dillow elected to complete his entire deployment as scheduled, and he
served with real distinction.

Major Dillow says that he merely did what anyone else would have done in
similar circumstances. In part, I recognize his humility and the fact
that he was downplaying his own heroism. But I also believe that he hit
on an important point.

I hope that many of you have taken advantage of opportunities to meet
with veterans who have served our Nation, especially those who served in
the Second World War, Korea, Vietnam, or Desert Storm. I hope that you
thanked them for their sacrifices. If you spoke to someone who did
especially heroic things, the response you received was more than likely
along the lines of, "I'm just an ordinary person who was in an
extraordinary situation. Anyone would've done what I did."

Outside the Secretary of Defense's office in the Pentagon is a very
large painting of a family in prayer. The man is in uniform and his wife
and child are beside him. Beneath the painting is quotation from the
Book of Isaiah, Chapter 6, Verse 8: "I heard the voice of the Lord,
saying, 'Whom shall I send, and who will go for us?' Then said I, 'Here
am I; send me.'" As I look around this room, I am absolutely confident
that if the call comes for you to do your duties, no matter how
difficult or dangerous, you will all respond, "Here am I; send me."

Our JAGs and paralegals consistently demonstrate, at home and while
deployed, that they do perform heroically in service to our Nation. I
know that you will carry on that tradition.

I congratulate you on your completion of this course. I anticipate that
as you are called upon to serve our country at deployed locations around
the globe, the lessons you have learned here will help you build on the
achievements of those who have gone before you. I look forward to
hearing reports from your deployments. You have my very best wishes!

[^1]: Brig Gen Rives (B.A., University of Georgia; J.D., University of
    Georgia) is the staff judge advocate of Air Combat Command, Langley
    Air Force Base, Virginia.