By Major Jason “Jay” McKenna
OTJAG is like a box of chocolates. 1
Envision this scenario: it is Monday morning. You are a judge advocate (JA) sitting at your desk. You just closed your last open action2 in the Administrative Law Case Tracking System (ALCS),3 and it appears this could finally be a relatively slow day, during which you might find time to write an article for The Army Lawyer. You consider visiting Starbucks, a trip that requires a lap around the “ring”4 located one floor beneath the Office of The Advocate General (OTJAG), and one corridor past the Personnel, Plans, and Training Office. An email arrives in your inbox. The email does not have the red, “high importance” designation; however, in the subject line you see, “short suspense, TJAG brief, information paper.” If this occurs during your first few months working as an action officer, your heart likely drops as you wince and open the email. If this occurs one year later, you routinely open the email and prepare to confidently execute. Either way, it is 0930 and that information paper (IP) is due to The Judge Advocate General (TJAG) no later than 1200 because you will brief the IP’s content at 1300.
Wait, did I say 1200? The IP is actually due at 1100, and you will brief at 1200 because the Director of the Army Staff (ARSTAF) just moved his meeting with TJAG one hour to the left. Do not worry; the topic is one of eight in your portfolio, so at least you have background knowledge regarding the subject matter. What is that, you say? You did not know that topic is in your portfolio? Have no fear, open the ALCS and begin your research. Whew. An IP in ALCS discusses this particular issue, and the OTJAG Administrative Law Division (ALD) issued an opinion on this topic. Simply cross-reference the authorities, internalize the content, walk down the hallway, and brief TJAG!
Every day, someone in OTJAG experiences that exciting example. A popular synonym for Major League Baseball is “the show.” OTJAG is, in my opinion, the show, and senior leaders expect that you will perform at the major-league level.5
Working your Quad(ricle)s
Every Day
Action officers in ALD work in “quadricles,” which are sets of four, randomly assigned, open cubicles. Upon first glance, “quad-life” appears non-conducive to thoroughly reviewing draft Army policies and advising principal officials on the ARSTAF.6 These “quads,” however, facilitate the perfect environment for action officers to discuss ideas and opinions. In many cases, someone in your quad worked issues in your portfolio the prior year, either because they maintained that portfolio or substituted for a fellow action officer during leave. These teammates are invaluable resources of information, support, and proverbial “sanity checks.” Every action officer needs an action officer.
You are welcome to decorate your quad but be prepared to embrace relics such as a giant bronze eagle, apparently awarded during the Aviation Branch Ball in 2005. There is probably a story behind this, but nobody knows what that story entails. Check ALCS for details.
Organizational Structure in ALD
Three branches comprise OTJAG ALD: 1) General Law (G-Law) Branch; 2) Personnel Law (P-Law) Branch; and 3) Ethics, Legislation, and Government Information Practices (ELGIP) Branch. Branch chiefs supervise action officers’ work, but action officers are ultimately responsible for providing advice “from cradle to grave,” which includes briefing Army senior leaders.
All branches report through the deputy chief to the chief of ALD. The division chief is the senior administrative law practitioner in the Army. Like all other assignments, leaders shape the experience; however, I believe that is more pronounced in the Pentagon, where every issue could be a “crisis” if the division chief treats it that way. The leadership billets are often, but not always, filled by individuals who previously served in an OTJAG division. Prior experience likely provides necessary perspective, knowing when to be “on,” and reassuring action officers that it is okay to be “off” at times.
While a picture is worth a thousand words, the backstory of this eagle remains a mystery. (Photo courtesy of author)
The G-Law Branch is typically comprised of a lieutenant colonel branch chief, five active-duty majors who serve as action officers, two civilian attorneys, eight fulltime and part-time attorneys who work remotely and review draft regulations, and a civilian paralegal. The G-Law Branch action officers serve as “utility players,” providing advice regarding any action in their respective portfolios. The portfolios are typically aligned with an ARSTAF section. For example, an action officer’s portfolio might include all matters pertaining to the Office of the Provost Marshal General, but also include matters pertaining to Army Corrections Command, arming policy, Army Futures Command, and extremism. When issues arise within that portfolio, the action officer serves as the primary attorney to provide advice. If five issues simultaneously arise from those areas, that same action officer serves as the primary attorney on all five issues. The workload associated with each portfolio ebbs and flows. OTJAG is like a box of chocolates.
(Credit: Andrii Yalanskyi – stock.adobe.com)
The P-Law Branch consists of a lieutenant colonel branch chief, five activeduty majors, one Active Guard Reserve major, two civilian attorneys, and one civilian paralegal. The P-Law Branch advises ARSTAF regarding all matters pertaining to military personnel law and policy including, but not limited to appointments, enlistments, promotions, administrative separations, retirements and status, force drawdown boards, credentialing health care providers, transgender service, and senior leader accountability.
The ELGIP Branch consists of of a civilian branch chief, three civilian attorneys, one active-duty major, and one civilian paralegal. The ELGIP Branch administers the ethics program for the ARSTAF. Furthermore, the ELGIP Branch prepares draft bills for Army legislative proposals, develops the Army’s position regarding legislation pending before Congress, drafts executive orders, and serves as the Congressional Affairs Contact Office for OTJAG. Finally, the ELGIP Branch prepares legal opinions and furnishes advice regarding the Freedom of Information Act, Privacy Act, Health Insurance Portability and Accountability Act, and information management.
Upon arrival, you will likely wonder why you are assigned to a particular branch, but you are likely never to learn that rationale. Indeed, ALD leaders meet to discuss incoming action officers’ experiences prior to their arrival, and the ALD leadership decides portfolio assignments during that meeting, but even looking behind the curtain will not reveal a reason. Eventually, you will accept the fact that branch assignment is irrelevant. Every action officer, regardless of branch or portfolio, will experience the “brief TJAG scenario” described above.
Coordination with the
Larger Legal Team
Early during your experience, you will submit an action to your branch chief for approval, which is required prior to sending an opinion to your client. Your branch chief will query, “Have you coordinated this opinion with OGC?” Panicked, attempting to quickly respond, you will ask your quadmate, “Who is OGC?”
During the Graduate Course,7 JAs receive instruction that thoroughly explains the distinction between the Army Secretariat and ARSTAF. Nevertheless, I neither appreciated that distinction nor understood its importance prior to arriving at OTJAG. The acronym, OGC, stands for the Army’s Office of General Counsel, which advises the Secretariat,8 including the Secretary of the Army. The Office of The Judge Advocate General advises ARSTAF, including the Chief of Staff, Army. Thorough staff work includes, in many cases, OTJAG coordination with OGC prior to rendering opinions. The Office of The Judge Advocate General renders the opinion—after coordinating with OGC—if the action requires ARSTAF approval. The Office of General Counsel renders the opinion—after coordinating with OTJAG—if the action requires Secretariat-level approval. Army OGC’s office is next to OTJAG ALD’s office, and action officers develop working relationships with OGC attorneys who maintain similar portfolios.
Many actions will also require coordination with other OTJAG divisions and Judge Advocate General’s (JAG) Corps elements, including coordination with JAs and civilian attorneys assigned to the Joint Staff and the Department of Defense (DoD). Teammates on this larger legal team prove helpful when reviewing matters that pertain to multiple core competencies. For example, draft policy pertaining to “missing Soldiers” requires coordination with the Criminal Law Division and may require coordination with the Legal Assistance Policy Division if issues arise regarding the missing Soldiers’ benefits. The Office of The Judge Advocate General ALD coordinated with the Contract and Fiscal Law Division to review relatively recently approved policy permitting reimbursement of bar dues. Support to the Presidential inauguration requires coordination with the National Security Law Division. Congressional interest in Army actions prompts coordination with attorneys in the Office of the Chief Legislative Liaison. Information papers pertaining to Army policies that potentially impact Soldiers’ constitutional rights may require coordination with the Litigation Division. The takeaway, of course, is that issues for which you will provide advice are significant. These issues require input from, and coordination with, attorneys at the highest echelons. The teamwork required to resolve these issues fosters professional relationships and creates fantastic opportunities to learn from some of the best attorneys in the DoD.
"Exposure”
Friends and mentors counseled me prior to arrival at OTJAG: “This assignment will provide great exposure for you.” I surmise that if their assessment contemplates exposure to senior leaders, it is a correct assessment. You will work within walking distance to TJAG, the Deputy Judge Advocate General, the Assistant Judge Advocate General for Military Law and Operations, and senior executive service personnel. You will interact with these leaders on a daily basis. If you walk to the other end of their hallway, you will encounter the Secretary of the Army, the Chief of Staff of the Army, and the Sergeant Major of the Army. Exposure, however, is not limited to interacting with, and learning from, senior leaders. Perhaps the most valuable exposure pertains to learning how the Army operates, which is the second part of the counseling I received before arrival.
Prior to this assignment, I did not know how OTJAG is organized, what work it performs, how it impacts policy, and how it impacts the field. Moreover, I did not know how the Army operates at its highest echelon. Here, action officers are exposed to the inner workings of the Army and its JAG Corps. In the field I read TJAG’s policy letters; here, action officers review the letters for legal sufficiency. In the field I read the announcement of new JAG Corps general officers; here, action officers review the board results to ensure compliance with federal law and DoD policy. My fellow action officer effectively renamed the “combat patch” in Army Regulation 670-1.9 Another action officer helped shape policy pertaining to female grooming standards.10 Last example, I promise, is substantive input we provided to DoD that helped develop policy pertaining to participation in extremist activities.11
Substantially contributing to Army policy is an invigorating experience. You will require that vigor when, for example, the Strategic Initiatives Office relays a short notice request for you to brief during “General Officer Day,” which is a monthly meeting that JAG Corps senior leaders attend. Hold onto that motivation when preparing to brief the JAG Corps Board of Directors regarding the policy you helped revise. These are just a few of the tremendous opportunities for professional development during your assignment to OTJAG.
Conclusion
The motivation for requesting assignment to OTJAG differs among JAs. Some request the assignment for “exposure,” while others avoid it for the same reason. Regardless of your preference, if you find yourself at OTJAG hopefully this article helps you manage expectations. You cannot “hide out” at OTJAG, but you should not request assignment to OTJAG hopeful that you will stand out among your peers. Everyone works high-level, important actions, followed by a brief to JAG Corps senior leaders. Your action is hot, until it is not, then rinse and repeat. You will work with the best, most talented officers, and no matter how strong that internal imposter dialogue may be, you should take heart that you stood shoulder to shoulder among them. Teamwork is the most important element of this assignment.
I submit that my assignment to OTJAG is the most rewarding professional experience of my career thus far. It is a fun, unparalleled, formative adventure, and that is just the fifteen-minute walk from North Parking Lot during winter. Seriously, though, if offered a ticket to the show, take it. TAL
MAJ McKenna is the Brigade Judge Advocate for the 3d Infantry Brigade Combat Team, 25th Infantry Division at Schofield Barracks, Hawaii. He was formerly an attorney in the Administrative Law Division in the Office of The Judge Advocate General at the Pentagon.
Notes
1. This saying derives from a quote in the 1994 film Forrest Gump, which reads: “My momma always said, life was like a box of chocolates. You never know what you’re gonna get.” Life is Like a Box of Chocolates, This Day in Quotes (Sept. 15, 2020), http://www.thisdayinquotes.com/2020/09/life-is-like-box-of-chocolatesmisquote.html.
2. “Action” is the colloquial term for tasks that your branch chief assigns to you.
3. The Administrative Law Case System is a digital repository for all research and actions completed by the OTJAG Administrative Law Division.
4. The Pentagon is organized into floors, rings, and corridors. Office addresses correlate accordingly. For example, Pentagon Building, 3D548, means that office is located on the third floor, D ring, 5th corridor, number 48.
5. The author makes no representation that he did, indeed, perform at the major-league level; he simply notes that there is an expectation to perform.
6. See Headquarters, U.S. Dep’t of Army, Gen. Order No. 2020-01 (6 Mar. 2020); 10 U.S.C. §§ 7011-7024; 10 U.S.C. §§ 7031-7038 (explaining the Army’s organizational structure, including the statutory authorities pertaining to the Secretary of the Army, the Secretariat, and ARSTAF).
7. The Graduate Course is offered to qualifying officers annually at The Judge Advocate General’s Legal Center and School in Charlottesville, Virginia. The course prepares JAs for senior roles in the JAG Corps, and successful graduates receive an LL.M. in military law. JA Professional Military Education/Command Courses, TJAGLCS, https://tjaglcs.army.mil/studentservices/ pmecourses#collapseTwo (last visited Dec. 16, 2022).
8. “The [Office of the Army] General Counsel serves as legal counsel to the Secretary, Under Secretary, five Assistant Secretaries, and other members of the Army Secretariat.” General Counsel of the U.S. Army, Off. of the Army Gen. Couns., https://ogc.altess.army.mil (last visited Dec. 16, 2022). See also Headquarters, U.S. Dep’t of Army, Gen. Order No. 2020-01 (6 Mar. 2020); 10 U.S.C. §§ 7011-7024; 10 U.S.C. §§ 7031-7038 (explaining the Army’s organizational structure, including the statutory authorities pertaining to the secretary of the Army, the secretariat, and ARSTAF).
9. See U.S. Dep’t of Army,Reg. 670-1, Wear and Appearance of Army Uniforms and Insignia para. 21-18 (26 Jan. 2021) (discussing the renaming of the Shoulder Sleeve Insignia-Former Wartime Service to Shoulder Sleeve Insignia-Military Operations in Hostile Conditions, colloquially referred to as the “MOHC,” pronounced “mock”).
10. See Devon Suits, Army Announces New Grooming, Appearance Standards, U.S. Army (Jan. 31, 2022), https://www.army.mil/article/242536/army_announces_new_grooming_appearance_standards.
11. See U.S. Dep’t of Def., Instr. 1325.06, Handling Protest, Extremist, and Criminal Gang Activities Among Members of the Armed Forces (27 Nov. 2009) (C2, 20 Dec. 2021).