It is worthwhile to be reminded occasionally of the wisdom of our founding fathers as they crafted the Constitution for the governance of our republic—a nation based on the rule of law. The Constitution is not the only masterwork we inherited from our founders. Particularly significant are the concepts spelled out for the authority and responsibility of officers in charge of the units in our armed forces.
During the Revolutionary War, long before he became our second President, John Adams was the natural selectee to be the leading civil authority overseeing naval affairs. Adams was convinced that the future economic health of our new nation depended on the sea because of a reliance on trading, coupled with an active navy to protect the merchant marine. Appointed to a naval committee, "it was Adams who drafted the first set of rules and regulations for the new navy, a point of pride with him for as long as he lived." He concentrated on the authority and responsibility of commanding officers in the naval service. His emphasis was on moral conduct—the behavior of our sailors, starting with the commanding officers. He wanted leadership by example, maintaining adherence to the traditions of the sea. His original principles have been reinforced over the years until they are now binding on officers in charge not only in the Navy and Marine Corps, but in the Army and Air Force as well.
On 28 November 1775, the Continental Congress enacted legislation that reflected the moral principles of the time and Adams's concepts for authority and responsibility for commanding officers of ships in this new Navy. These rules for the regulation of the Navy of the United Colonies of North America were simple and straightforward:
ARTICLE. 1. The Commanders of all ships and vessels belonging to the THIRTEEN UNITED COLONIES, are strictly required to shew [sic] in themselves a good example of honor and virtue to their officers and men, and to be very vigilant in inspecting the behaviour [sic] of all such as are under them, and to discountenance and suppress all dissolute, immoral and disorderly practices; and also, such as are contrary to the rules of discipline and obedience, and to correct those who are guilty of the same according to the usage of the sea.
As a newly appointed emissary to France during the American Revolution, Adams made a six-week winter sea voyage across the Atlantic in 1778. He became intensely interested in shipboard activities, concentrating on the conduct of the crew and the performance of the commanding officer. That voyage undoubtedly confirmed his earlier thoughts about the responsibilities of commanding officers, for in 1799, after he became President, the Congress codified his original words into law for the new republic. The Adams principles served our Navy well for many decades.
During World War II, as the armed services expanded greatly, many new commanding officers entered the ranks and became individuals "in charge." Performance was not always of the highest caliber. As a result, postwar legislation produced the Uniform Code of Military Justice (UCMJ). More professionally trained lawyers entered the judicial process, with the objective of providing greater protection for defendants being charged with violations of regulations.
In 1956, the Congress revisited the principles that John Adams had initiated and that, at that time, applied only to the Navy and the Marine Corps. On 10 August of that year, they enacted Section 5947 of Title 10 of the U.S. Code. This new version continued the emphasis on moral behavior, but also expanded the categories of personnel to whom the principles applied and added more authority and responsibility as well:
All commanding officers and others in authority in the naval service are required to show in themselves a good example of virtue, honor, patriotism, and subordination; to be vigilant in inspecting the conduct of all persons who are placed under their command; to guard against and suppress all dissolute and immoral practices, and to correct, according to the laws and regulations of the Navy, all persons who are guilty of them; and to take all necessary and proper measures, under the laws, regulations, and customs of the naval service, to promote and safeguard the morale, the physical well-being, and the general welfare of the officers and enlisted persons under their command or charge. (Emphasis added.)
The persons on whom the regulations were binding now included "others in authority" as well as commanding officers of ships. The additional phrase charging such persons with taking "all necessary and proper measures . . . to promote and safeguard the morale, the physical well-being, and the general welfare" of the crews was a significant tasking. It gave unit commanders greater authority but also emphasized their responsibility to look after the welfare of those "in their charge." As before, the new legislation applied only to the Navy and Marine Corps.
In 1997, Senate Committee Report 105-29 of 18 June addressed a "Requirement for exemplary conduct by commanding officers and other authorities." The wording of the report is informative:
The committee recommends a provision that would establish, in statute, an exemplary standard for commanding officers and others in positions of authority and responsibility. The committee notes that these standards have applied to Naval and Marine Corps officers since they were first set forth in regulations drafted by John Adams and approved by the Continental Congress in 1775. The standards were later enacted by the United States Congress in 1799 and codified in title 10, United States Code, in 1956. While the statute has not included specific standards of conduct for Army and Air Force officers, the military services have established very high standards of conduct in internal regulations.
The committee is disappointed to note that, in the past several years, some officers have shown reluctance to accept responsibility and accountability for their actions and the actions of their subordinates. This provision will not prevent an officer from shunning responsibility or accountability for an action or event. It does, however, establish a very clear standard by which Congress and the nation can measure officers of our military services. The committee holds military officers to a higher standard than other members of society. The nation entrusts its greatest resource, our young men and women, to our military officers. In return, the nation deserves complete integrity, moral courage, and the highest moral and ethical conduct. (Emphasis added).
The Congress reacted to the Committee Report by codifying the language identical to that contained in the earlier section 5947, now making it binding on the Army and Air Force. The Section in Title 10 for the Army is tabbed Section 3583 and for the Air Force, Section 8583.
These concepts are worth understanding by members of the armed services, the controlling civilian authority controlling, and the critics, particularly members of the media, as they address the mission and performance of our armed services.
Admiral Miller, a 1942 graduate of the Naval Academy, commanded 13 sea-based combat units, including the U.S. Second and Sixth Fleet.