From left, Equipment Operator 1st Class John Owen, Aviation Structural Mechanic 1st Class Jose Esquivel, Aviation Ordnanceman 1st Class Michael Burke and Gunners Mate 1st Class Keean Durocher lift a motivator during a physical training (PT) session at Naval Air Facility Atsugi. The PT session was part of the final day of the installation’s CPO Initiation season.
If you are asking any variation of “should I keep training even with (XYZ) injury or condition?” The answer is yes.
Then nuance ensues. You can’t necessarily keep training how you were before, and you definitely shouldn’t be training at the same intensity that you were before. At least not initially.
Just keep movin’
You need to dial it back, not off
You can still bench if you injure your ankle.
You can still squat if you hurt your elbow or shoulder.
That’s obvious. The body part that is injured will require some adjustment but the rest of your body is probably fine.
But if you injure your ankle or any part of your lower body you can still squat too; you just need to dial it back to what you can do with no pain.
One of my favorite sayings around this topic comes from Dr. Jordan Feigenbaum over at Barbell Medicine; it goes like this:
“…What are you gonna do? Not train?”
Not training isn’t an option. You should just remove it from your list of possibilities right now.
As a military professional, you need to find another way…
Do things properly and you’ll never have an issue.
You need to target the issue
Target the root cause, not the injury.
The incident/exercise that you’ve targeted as the cause of your injury or pain IS NOT the cause of your injury or pain. It is merely the culminating event. Your chronically bad form or overly aggressive programming is the cause. Honestly, it’s most likely a combination of the two.
The most common example I see often is people doing deadlifts for time, (WOD anyone?) with sh!tty form where they:
Bounce the weight and “catch” it with their low back in flexion
Hyperextend their low back at lock out at the top of the rep
Have a fundamental lack of understanding as to why these are bad things.
These are things you will never have to worry about if you’re doing the Mighty Fit Plan
This type of action with heavy weight repeatedly is a recipe for an acute injury, as well as chronic stress. The athlete deadlifting in this fashion often comes to the conclusion that deadlifts are bad and cause injuries.
That’s a false narrative.
What they were doing is bad and causes injuries, not deadlifts.
More times than not, I see that poor form translate into the lifting of all things, including luggage, small children, a case of beer, and dropped pencils.
Targeting the issue doesn’t mean you stop training
Demonizing a movement or activity like deadlifts is a red herring. Taking them out of your life will do nothing for all of those other times you have to pick something up in your life as I mentioned above.
Pain from deadlifting is just a symptom.
The root cause is poor form.
This is a good thing. This means you can do anything and need not fear any one particular movement or activity.
It also means you never have to stop training. You just need to dial things back.
This is the smart process. It will get you back in the saddle quickly and smartly. Three to six weeks of reducing your training on exercises that cause pain will ensure that you properly rehab your injury AND ensure that you continue the habit of training.
It will prevent you from sitting on the couch and waiting for yourself to “heal.” It’ll prevent you from writing off entire exercises or workout modalities for the rest of your life.
It’ll flex your patience muscle. Being patient with your body is not easy, especially when you used to be able to do something. Patience is a great thing to hone so that when you get old and frail, you don’t become one of those curmudgeons who hate the world for how it wronged you. (Damn, that got deep.)
It’s all connected people. Use your training as a testing ground for the positive character traits you value and want to exhibit in your everyday life.
Great news sports fans! The greatest rivalry in American sports will be played in 2020, albeit with a twist.
2020 has been rough for sports, no doubt. But as Americans usually do, we adapt and overcome and find ways to adjust. While this has been true in all walks of life, we have absolutely seen it on the sports side of things.
The NBA and NHL had successful season continuations while putting their leagues in bubbles. MLB had an abbreviated season and now is hosting a neutral site World Series. The NFL has been pushing through to play every Sunday.
College football has had to adapt as well. Schedules have been alerted, stadiums restricted, games postponed. But the one game that we all care about will go on.
Earlier today, it was announced that the 2020 Army-Navy game presented by USAA will be played on December 12, with a slight modification. Instead of the traditional site in the City of Brotherly Love – Philadelphia, this year Army will have a true home field advantage.
For the first time since 1943, the United States Military Academy at West Point will host this year’s rivalry game. Pennsylvania has had to put limits on crowd attendance due to the Covid-19 outbreak and that forced administrators to move the game. With the current rules in place, the Corps of Cadets and Brigade of Midshipmen couldn’t attend the game as they always have.
Navy’s Athletic Director Chet Gladchuk said, “History will repeat itself as we stage this cherished tradition on Academy grounds as was the case dating back to World War II. Every effort was made to create a safe and acceptable environment for the Brigade, the Corps and our public while meeting city and state requirements. However, medical conditions and protocols dictate the environment in which we live. Therefore, on to the safe haven of West Point on December 12 and let it ring true that even in the most challenging of times, the spirit and intent of the Brigade of Midshipmen and Corps of Cadets still prevails.”
When the rivalry first kicked off, the game was rotated between academies for four years before being shifted to a neutral site. With the exception of 1942 and 1943 when the game was played on each respective campus due to World War II, the game has been played in Philadelphia, the NYC metro area, DC metro area, and once in Chicago and Pasadena, CA.
Now if you are planning to go to West Point to see this first in a lifetime event, hold your horses. The game in all likelihood will be limited to Midshipmen and Cadets only.
If you are an Army fan, you have to be excited about the location as it gives the Black Knights the edge.
Recent history has not been kind to Army. Navy leads the all-time series with West Point, 61-52-7, and has won 15 of the past 18 games. The rivalry was virtually tied until 2002 when Navy went on a 14-year winning streak that shifted the series in their favor. Army then took the next three by less than seven points, before Navy got to “sing second” last year with a blowout win.
Who is your pick to win this year? Let us know if you are Go Navy! Or Go Army!
“Hobbs & Shaw,” the Fast & Furious spin-off film starring Dwayne “The Rock” Johnson and Jason Statham, came strong out of the gate Aug. 2, 2019, earning $60 million at the box office. The movie was filled with quippy dialogue, badass action, and a few surprise cameos, including Ryan Reynolds playing Locke, a CIA agent who recruits Hobbs (Johnson) to help takedown the semi-superpowered Brixton (Idris Elba). Reynolds’ performance has been met with praise (and a few fan theories), however, a few fans are upset that his character gave a major “Game of Thrones” spoiler at the end of the movie.
Warning: This post obviously features spoilers about “Game of Thrones.”
Throughout the movie, Hobbs is shown discussing “Game of Thrones” with his daughter, including making a reference to the show’s most iconic catchphrase (you know nothing, Jon Snow). Later, in the post-credits scene, Hobbs receives a call from Locke, who ends up spoiling the ending of the show in a very Reynolds-esque way.
Hobbs & Shaw Final Trailer (2019) | Movieclips Trailers
“Jon Snow had sex with his aunt and then he killed her!” Locke says.
It’s a throwaway joke but it’s also accurate, as Snow does end up killing Daenarys in the series finale after she unleashes her dragon on civilians. Of course, we live in the age of post-spoilers, so it’s hard to imagine anyone getting too worked up about the show’s ending getting spoiled months after the series finale aired.
Still, if you know someone who has been holding off watching the divisive finale, you may want to give them a heads up before they watch “Hobbs Shaw.” Otherwise, they may end up holding a life-long grudge against Reynolds.
This article originally appeared on Fatherly. Follow @FatherlyHQ on Twitter.
The first time Changiz Lahidji joined a Special Forces unit, his loyalty was to Reza Pahlavi, the Shah of Iran. But he found himself guarding lavish parties in the middle of the desert, protecting the opulent ruler of Imperial Iran and his guests. It wasn’t exactly the life of adventure that John Wayne movies led him to believe he could have.
He didn’t stay in service to the Shah for very long. It seemed like a waste. So, he moved to California, working in family-owned gas stations until November, 1978. That’s when he joined the Army and became an instrument of destruction — for the United States.
The late 1970s were not a good time to be from the Middle East and living in the U.S., even if you’re in the Army. He had to constantly endure racism from his fellow soldiers, even though they couldn’t tell the difference between an Arab and a Persian. It didn’t matter, Lahidji pressed on and finished Special Forces training. Less than a year later, he was wearing the coveted Green Beret and by December 1979, he was on his first mission.
He was on his way back to Iran.
In November, 1979, students in Tehran seized the U.S. embassy there, taking 52 federal employees and U.S. troops hostage. Lahidji wasn’t about to wait for the military to get around to assigning him to help. He wrote a letter to President Jimmy Carter, offering his unique skills, knowledge of Tehran, and native Farsi to the task. He wanted to choose his A-Team and get to Iran as soon as possible.
The U.S. military was happy to oblige. He wasn’t going to lead an A-Team, but he had an Iranian passport and he went into Tehran ahead of Operation Eagle Claw in order to get advance knowledge of the situation on the ground and to rent a bus to drive hostages and operators out after they retook the embassy. After the disaster at Desert One, he was forced to smuggle himself out aboard a fishing boat.
After Iran, he didn’t have to worry about being accepted by his fellow Green Berets. He was one of them by then.
But it wasn’t the only time his Iranian background would come to the aid of U.S. forces. In 2003, some 24 years after the failure of Eagle Claw, Lahidji was in Tora Bora, dressed as a farmer and working for a U.S. private contractor. There, he would personally identify Osama bin Laden. When he went to the American embassy to report his finding, the U.S. seemed to take no action.
Lahidji does a lot of private contractor work these days. After spending so much time traveling and in service to the United States — he’s done more than 100 missions in Afghanistan alone — he looks back on his time in the service as a privilege. Army Special Forces gave Changiz Lahidji the brotherhood and adventure he always dreamed of as a secular, middle-class child growing up in Iran.
There’s an old military adage that goes “if it’s stupid and it works, then it isn’t stupid.” This idea clearly dates all the way back to the Classical Era, because the stupidest thing ever done to protect a fighting force was perpetrated in 480 BC. By a King.
Say what you want about Persian King Xerxes I, he knew how to fight a battle. That is to say, he always brought enough men and material to get the job done. Yes, this is the same Xerxes seen in the movie 300, but before the Persian Army could get to Thermopylae, they had to cross the Hellespont, what we call the Dardanelles today. It did not go exactly as planned.
Like a lot of things the Persian Army tried.
Xerxes was coming right off of victories over uprisings against Persian rule in Egypt and Babylon and had acquired a massive army, as-then-unheard-of in ancient times. Some 300,000 troops were ready to pour into Greece to avenge the ass-kicking the Greeks perpetrated on Xerxes’ father, Darius. Xerxes was not one to overthink things. The simplest way to get a massive army from one land mass to another was to simply build a bridge and roads to it. Xerxes even had the bridges built in advance so his army wouldn’t have to wait to get to Greece.
This did not go exactly as the Persian Army planned. Before he and his troops could arrive, the seas swelled up and swallowed the bridges, completely destroying them. When the King arrived, it was just debris. Infuriated with the seas, Xerxes marched out to the sea and whipped it with a chain 300 times as his soldiers watched and shouted curses at the water.
He also beheaded the engineers who built the bridge, which may have been a contributing factor to his eventual success.
The bridges were then rebuilt to the exact specifications required to hold 300,000 Persian troops bent on destruction, along with their pack animals, cavalry, and whatever else they could carry. This time, the bridges held and the Persians marched out to meet the Greeks – who would kick the Persian Army right back out of Europe by the following spring.
When the Persians arrived at the bridges in full retreat, they had been destroyed again.
For as long as there have been men sailing the high seas, there have been tales of ghost ships. From legends of the Flying Dutchman appearing near ports during inclement weather to the very real tale of the Mary Celeste, which was found adrift in the Atlantic Ocean in 1872 completely abandoned and in good working order, it can be hard not to be drawn into these tales of mysterious happenings on the great waterways of our planet.
Of course, it makes perfect sense that men and women would occasionally go missing during an era of long and often grueling voyages across the high seas. For all of mankind’s domination of nature, the sea has long been too vast to manage and too treacherous to tame. For much of humanity’s history, traveling across the ocean was always a risky endeavor.
But by the early 1940s, however, sea travel had become significantly less hazardous, and mankind had even managed to find new ways to avoid the ocean’s wrath — like flying high above it in aircraft or hot air balloons. At the time, Americans had largely moved past their fear of the high seas in favor of new concerns about what was lurking within them: German U-Boats.
The Navy’s L-8 blimp was a former Goodyear Blimp repurposed for naval duty.
Concerns about encroaching Nazi U-Boats near American shores had led to a number of novel sub-spotting approaches. One was using L-Class rigid airships, or blimps, to float above coastal waterways and serve as submarine spotters.
On themorning of August 16, 1942, Lieutenant Ernest Cody and Ensign Charles Adams climbed aboard their L-8 Airship, which was a former Goodyear Blimp that the Navy had purchased a few months prior to deliver equipment to the nearby carrier USS Hornet (CV-8) out at sea. Their mission that day was simple: head out from their launch point on Treasure Island in California to look for signs of U-Boats beneath the surf in a 50-mile radius around San Francisco.
A bit more than an hour into their patrol, the two sailorsradioed that they had spotted an oil slick on the water and were going to investigate.
“We figured by that time it was a submarine,” said Wesley Frank Lamoureux, a member of the Navy’s Armed Guard Unit who was aboard the cargo ship Albert Gallatin. “From then on, I am not too positive of the actions of the dirigible except that it would come down very close over the water. In fact, it seemed to almost sit on top of the water.”
This image of the L-8 was taken prior to the mission that would see Cody and Adams go missing.
In Lamoureux’s official statement, he recounted seeing the blimp drop two flares near the slick and then circle the area — which was in keeping with sub-hunting protocols of the day. The nearby Albert Gallatin cargo ship, seeing the blimp’s behavior, sounded their submarine alarms and changed course to escape the area. Unfortunately, these reports would be the last time anyone would see the blimp with the crew onboard.
A few hours later, the former Goodyear Blimp appeared sagging and uncontrolled over the shores of Daly City, California. It drifted over the town until it finally dipped low enough to become snagged on some power lines and come crashing down onto Bellevue Avenue. Crowds quickly formed around the downed blimp, and a number of people ran to the wreckage in hopes of saving the crew… only to find the cabin was completely empty.
The pilot’s parachute and the blimp’s lifeboat were both right where they belonged. The pilot’s cap sat on top of the instrument panel, and the blimp’s payload of two bombs were still secured. A briefcase containing confidential documents that the crew had orders to destroy if they feared capture remained onboard as well.
The Navy’s L-8 Blimp, crashed and crew-less.
The L-8’s crew had seemed to vanish without a trace, prompting a slew of differing theories. Some assumed both the pilot and ensign had simply fallen out of the airship, though for such a thing to happen, they would have had to both fall overboard at the same time. If there was something damaged that required both men to address on the external hull of the vessel, there was no evidence to suggest what it could have been in the wreckage.
Anothertheory suggested the two men lowered their blimp enough to be taken prisoner by the crew of the U-Boat or a Japanese vessel in the course of investigating the oil slick. Still, others wondered if the two men may have been entangled in some sort of love triangle that drove one to kill the other and then escape by diving into the sea. Despite a thorough investigation, no conclusion could ever be drawn.
So what really did happen to the two-man crew of the L-8? Did they simply fall out of their blimp and die? Were they captured by Nazis that didn’t bother to check for any classified material on the blimp? To this day, their remains have never been found, and no other details have surfaced. For now, it seems, the legend of the L-8 “ghost ship in the sky” will live on for some time to come.
Creative geniuses behind digital humans and human-like characters in Hollywood blockbusters Avatar, Blade Runner 2049, Maleficent, Furious 7, The Jungle Book, Ready Player One, and others have U.S. Army-funded technology to thank for visual effects.
That technology was developed at the U.S. Army Institute for Creative Technologies at the University of Southern California. The ICT is funded by the RDECOM Research Laboratory, the Army’s corporate research laboratory (ARL).
Developers of that technology were recently announced winners of one of nine scientific and technical achievements by the Academy of Motion Picture Arts and Sciences.
A Technical Achievement Award will be presented at the Beverly Wilshire in Beverly Hills on Feb. 9, 2019, to Paul Debevec, Tim Hawkins, and Wan-Chun Ma for the invention of the Polarized Spherical Gradient Illumination facial appearance capture method, and to Xueming Yu for the design and engineering of the Light Stage X capture system during the Academy’s annual Scientific and Technical Awards Presentation.
Creative geniuses behind digital humans and human-like characters in Hollywood blockbusters have U.S. Army-funded technology to thank for visual effects. Pictured here, engineers work on the Light Stage X capture system’s recording process.
(U.S. Army Institute for Creative Technologies)
The Scientific and Technical Academy Awards demonstrate a proven record of contributing significant value to the process of making motion pictures.
The Academy Certificate reads: “Polarized Spherical Gradient Illumination was a breakthrough in facial capture technology allowing shape and reflectance capture of an actor’s face with sub-millimeter detail, enabling the faithful recreation of hero character faces. The Light Stage X structure was the foundation for all subsequent innovation and has been the keystone of the method’s evolution into a production system.”
The new high-resolution facial scanning process uses a custom sphere of computer-controllable LED light sources to illuminate an actor’s face with special polarized gradient lighting patterns which allow digital cameras to digitize every detail of every facial expression at a resolution down to a tenth of a millimeter.
A Soldier demonstrates the Light Stage X capture system technology.
(U.S. Army Institute for Creative Technologies)
The technology has been used by the visual effects industry to help create digital human and human-like characters in a number of movies and has scanned over one hundred actors including Tom Cruise, Angelina Jolie, Zoe Saldana, Hugh Jackman, Brad Pitt, and Dwayne Johnson at University of Southern California Institute for Creative Technologies.
Additionally, the Light Stage technology assists the military in facilitating recordings for its Sexual Harassment/Assault Response and Prevention program through a system called the Digital Survivor of Sexual Assault (DS2A). DS2A leverages research technologies previous created for the Department of Defense under the direction of the U.S. Army Research Laboratory and allows for Soldiers to interact with a digital guest speaker and hear their stories. As part of the ongoing SHARP training, this technology enables new SHARP personnel, as well as selected Army leaders, to participate in conversations on SHARP topics through the lens of a survivor’s firsthand account. It is the first system of its kind to be used in an Army classroom.
All four awardees were members of USC ICT’s Graphics Laboratory during the development of the technology from 2006 through 2016.
Paul Debevec is one of the designers and engineers of the Light Stage X capture system.
(U.S. Army Institute for Creative Technologies)
Paul Debevec continues as an Adjunct Research Professor at USC Viterbi and at the USC ICT Vision Graphics Lab. Wan-Chun “Alex” Ma was Paul Debevec’s first Ph.D student at USC ICT and Xueming Yu joined the USC ICT Graphics Lab in 2008 as a USC Viterbi Master’s student. Tim Hawkins now runs a commercial light stage scanning service in Burbank for OTOY, who licensed the light stage technology through USC Stevens in 2008.
This is the second Academy Sci-Tech award being given to the Light Stage technology developed at the USC Institute for Creative Technologies. The first, given nine years ago, was for the earliest light stage capture devices and the “image-based facial rendering system developed for character relighting in motion pictures” and was awarded to Paul Debevec, Tim Hawkins, John Monos, and Mark Sagar.
Established in 1999, the Army’s ICT is a DOD-sponsored University Affiliated Research Center working in collaboration with the Army Research, Development and Engineering Command (RDECOM) Research Laboratory’s UARCs are aligned with prestigious institutions conducting research at the forefront of science and innovation.
The RDECOM Research Laboratory is part of the U.S. Army Research, Development and Engineering Command, which has the mission to ensure decisive overmatch for unified land operations to empower the Army, the joint warfighter and our nation. RDECOM is a major subordinate command of the U.S. Army Materiel Command.
It takes a lot of work to get well-defined abs. We’re talking relentless hours of exercises devoted to burning belly fat and defining abdominals in order to achieve that fitness vanity project that is a spectacular set of six-pack abs. So when your efforts aren’t yielding noticeable results, it can be downright embarrassing.
There are several reasons you could be having trouble seeing those ripples across your midsection, from what you ate for dinner to which moves you’re doing at the gym. We’re not saying that addressing all items on this list will miraculously result in the six-pack you’ve been dreaming about, but it will be a step in the right direction.
A lot of guys confuse a strong core with a six-pack. They are not the same thing. You can have the leanest, toughest mother-of-a-mid-section in the world, but if you’re not working your vanity muscles, you won’t get that ripple effect. Crunches and sit-ups work the rectus abdominus — the muscles near the top of your midsection. But the obliques, the largest, outermost muscles that begin along your side and wrap towards the front, play an arguably bigger role in defining your six-pack. You can work this muscle group by doing side planks. And don’t forget to work your transverse abdominus, the deepest abdominal muscle that helps hold you erect: You can strengthen it by doing glute bridges.
2. You’re eating too many vegetables.
You have the right idea: Choose broccoli and kale in place of chips and cookies to lower your weight and reduce body fat. But cruciferous vegetables come with a small problem. They give you gas, which makes you bloated and disguises the six-pack. Your body will ultimately adjust to its new fiber-rich plan, but until then, mix up the broccoli with zucchini and asparagus, vegetables with a lower propensity to inflate the gut.
It’s tempting to make every day a core day when you’re in pursuit of such a lofty goal, but any fitness pro will tell you that gains in performance happen not when you’re working out, but when you’re at rest. That’s when all those microscopic muscle tears from the previous sweat session repair themselves, knitting fibers back together in a stronger pattern to strengthen the muscle. If you never allow for recovery, you never allow for the process of growth.
Not necessarily because of the extra calories (although that matters as well), but because an excess of carbonated liquid sloshing around your gut can make you look bloated. Flush the system with good old water, wait 24 hours, and take another look.
Fat in particular. True, calories are calories and consuming too many will pack on pounds, causing your body to lose lean muscle definition. But getting six-pack abs is not just a weight-loss game, it’s a body fat percentage game, meaning if you want to see true six-pack definition you need to get that body fat number down around 6 percent. If that sounds crazy, it kind of is.
You read that right: One reason those six-packs pop on the cover of bodybuilding magazines is that they’re lacquered up with oil, which catches the light and accentuates the body’s contours. If you want the look, squeeze a few drops of baby oil into your palm, rub your hands together, then work them over your abs like you’re applying suntan lotion. Hey, this is a vanity project — accept it.
Would you ever hit the gym with a goal of doing 100 biceps curls? Unlikely. But when it comes to abs, people tend to favor reps over resistance, which is a mistake when you’re trying to build muscle. The body will adapt to volume, so you need to periodically kickstart the growth process by adding extra weight or resistance for stimulation.
This article originally appeared on Fatherly. Follow @FatherlyHQ on Twitter.
If you have ever run into a situation in which you asked yourself, “What rule? How could someone think that was a good idea? Why was I not told?” you can now offer your comments for an upcoming rule.
You may have experienced distance learning during your military service or know someone who has. As such, you can provide valuable insight into a proposed rule, Distance Education and Innovation, which will likely affect service members’ online schooling worldwide.
The U.S. Department of Education, led by Secretary Betsy DeVos, has published a proposed set of rules that will significantly affect distance learning for service members and their families enrolled in post-secondary educational programs. The public comment period for your valuable insight closes May 4, 2020, at 11:59 PM ET. If, after reading, you feel you would like to share your thoughts, you can do so here. Following the comment period, the Department will publish a final regulation before November 1, 2020.
In its Notice of Proposed Rulemaking on Distance Education and Innovation, the Department has proffered many changes to current educational policies from how universities define their curricula to how regular and substantive interaction between students and instructors is defined. Most importantly, educational institutions with proven track records will benefit from a streamlined approval from the Secretary for the first direct assessment program offered by the school.
What this means for service members
In the coming months, service members will likely see a rapid expansion of new online schools and online programs — also, advertisements for newly G.I. Bill-approved schools will appear on social media platforms everywhere. Also, a more comprehensive array of applications will be made accessible to members of the military and veterans. This is excellent news for members of the military bouncing from state to state and country to country, where some traditional universities’ programs cannot follow due to their accreditors’ archaic and arguably avaricious policies.
For example, in response to one of its student’s military-related mobilization, a servicemember’s military friendly school may state, “You want us to record your classes? That’s too much of a burden. You volunteered to deploy, that is not the university’s problem.” Thus, the traditional university, under the guise of its federal and state regulations, may deny a student-soldier’s request for accommodation and defer to its accreditation standards in its defense.
Conversely, the non-traditional university, better equipped, may see a mobilization of a Reserve or National Guard soldier as a straightforward situation to accommodate because, fundamentally, the online university is best positioned to handle the unique circumstances that affect service members and civilians alike. As an example, the current COVID-19 pandemic, which is forcing traditional students to stay at home, has driven student-soldiers nationwide to temporarily drop their textbooks and, instead, get into their uniforms. Thus, student-soldiers’ statuses and VA-payments may be negatively affected.
Despite the proposed set of rules accommodations for non-traditional students, the rapid development of the rule itself – the process – may be cause for concern.
Criticism of the Rule
According to William J. Zee, partner and chair of the Education Law group at Barley Snyder, LLC., a strategically focused, full-service law firm representing businesses, organizations, and individuals in all major areas of civil law, “Critics believe it is worrisome that these regulations were proposed at the same time the biggest commentators – namely higher education institutions – are busy trying to institute distance learning in the face of COVID-19 and do not have enough time to fully digest and comment on the proposed regulations.”
Critics’ concerns about the rapidity of this Rule’s development are supported by a seemingly absent involvement of traditional universities within the Department’s “months-long negotiated rulemaking effort” that constituted public hearings and engagement from education-subject matter. Seegenerally Notice, DoED, 2020 at 1.
Also, Sharon L. Dunn, PT, Ph.D., president, American Physical Therapy Association, stated publicly, “. . . changing the accreditation requirements, process, or standards for purely programmatic accreditors could cause lasting damaging effects.” SeePublic Comment, APTA, September 14, 2018.
Thus, the Department’s shift towards programmatic accreditation standards may mean damaging effects on educational institutions relying more on institutional accreditation, and an outcome possibly welcomed by some in the military community.
Support for the Rule
Mr. Zee, continued, “On the other hand, the proposed distance learning regulations could prove positive for current active military servicemen and women who have the possibility of being deployed while obtaining some sort of degree. These regulations propose to broaden the ability for institutions to better use technology and serve the classes of people who may not be in a traditional school setting. These regulations call for more use of technology, a broader acceptance of distance learning, and a recognition that the method of obtaining credentialing isn’t as important as the end result.”
In addition, Blake Johnson, a first-year law student, stated publicly, “This is a very important move toward protecting the student . . . First year itself is difficult and presents an educational challenge unlike any I’ve faced before. That being said, I was getting used to the in-person socratic lectures. That’s all gone. The ABA (American Bar Association) is stringent on their allowance of distance learning. This current situation has seen an unprecedented move in which the ABA allowed for students to not only go ‘online’ but also allowed for a trend towards Pass/Fail type grading. This proposed rule allows for a relaxed and more accommodative approach to education and factors in the issues associated with the current [COVID-19] pandemic.” See Public Comment, April 15, 2020.
Thus, more significant innovation in distance learning could prove beneficial to members of the military.
Author’s Public Comment and Concerns
This author will be specifically addressing administrative remedies in his public comment to the Federal Register.
Because of the extraordinary degree of speed by which the Department has rollbacked regulations in its Proposed Rule, student-soldiers could be at higher risk of exposure to misrepresentation and fraud.
Addressing this author’s concern, the Department generally states, “These proposed regulations attempt to limit risks to students and taxpayers resulting from innovation by delegating various oversight functions to the bodies best suited to conduct that oversight—States and accreditors. This delegation of authority through the higher education regulatory triad entrusts oversight of most consumer protections to States, assurance of academic quality to accrediting agencies, and protection of taxpayer funds to the Department.” SeeProposed Rule, DoED.
In laymen’s terms, the Department is passing the buck to State regulators such as the Massachusetts Department of Higher Education, for example, a state agency charged with the duty of assuring academic quality in Massachusetts.
The problem with such delegation is (1) many state regulators are hyper-focused on targeting for-profit institutions and politically incentivized to protect non-profits, and (2) there are very few remedies for student-soldiers facing disputes with their universities, regardless of the school’s tax status. Frequently, military commanders cite the Uniformed Services Employment and Reemployment Rights Act, USERRA, a federal employment law, in response to their student-soldiers’ concerns with missing classes due to drill or deployments.
Expect to see a Public Comment from this author very soon that will advocate for the inclusion of protective language to the Department’s Proposed Rule modifying eligibility to ensure student-soldiers are given big sticks to augment their respectful, soft voices in the classroom.
The metaphorical equivalent of a student-soldier’s attempt to resolve a dispute with their non-profit university would be like an attempt to sue God. The cards are stacked unfairly in favor of universities nationwide, and, in closing, for those who believe non-profit universities to be a fragile, delicate butterflies, worthy of extraordinary deference by state regulators, please research universities’ publicly available Internal Revenue Service (IRS) Form 990(s).
Call to Action
After reviewing the Department’s Tips for Submitting Comments, submit your comments through the Department’s Rulemaking Portal or via postal mail, commercial delivery, or hand delivery. The Department will not accept comments submitted by fax or by email or those submitted after the comment period. To ensure that the Department does not receive duplicate copies, please submit your comments only once. In addition, please include the Docket ID [ED-2018-OPE-0076-0845] at the top of your comments. If you are submitting comments electronically, the Department strongly encourages you to submit any comments or attachments in Microsoft Word format.
If you must submit a comment in Adobe Portable Document Format (PDF), the Department strongly encourages you to convert the PDF to print-to-PDF format or to use some other commonly used searchable text format. Please do not submit the PDF in a scanned format. Using a print-to-PDF format allows the Department to electronically search and copy certain portions of your submissions.
Federal eRulemaking Portal: Go to www.regulations.gov to submit your comments electronically. Information on using Regulations.gov, including instructions for accessing agency documents, submitting comments, and viewing the docket is available on the site under ”Help.” See 18638 Federal Register Vol. 85, No. 64. Thursday, April 2, 2020, Proposed Rules. at 1.
Attending a Non-Profit vs. For-Profit Educational Institution
A common misconception about non-profit educational institutions is that they cannot, by definition, be predatory. In an online document concerning non-profits, last updated February 2018 by Pasadena City College (PCC), a non-profit educational institution, PCC states, “None are predatory, but have varying success rates – students should research institutions carefully applying.” See Document at 2. In its blanket immunity declaration, PCC also highlights the importance of carefully researching educational institutions’ successes, which can be intentionally elusive to some consumers.
A more in-depth article addressing the logical fallacy behind blanket immunity granted to non-profits is discussed further in These Colleges Say They’re Non-profit—But Are They?, written by Robert Shireman, Director of Higher Education Excellence and Senior Fellow at The Century Foundation. If further clarification is needed on what it means for an educational institution to be predatory, the Federal Trade Commission, in concert with many State Attorneys General, maintains publicly available reports and cases that define bad actors’ deceptions of consumers in areas ranging from aviation to wine and beer.
According to Mr. Zee, “For-profit institutions have been preying on the education of current soldiers and veterans because their GI Bill does not go toward the for-profit institutions’ 90/10 limit of federal funding. For-profit institutions have been caught deceiving prospects into believing they are actually non-profit institutions, and many soldiers have been negatively impacted, as they are seeking a non-traditional method of schooling.”
In deciding whether to attend a non-profit or for-profit educational institution consider this, enrolling at an institution of higher learning through an online portal provided by the bursar’s office may not feel the same as removing a wrinkled dollar bill from a tired, leather wallet, handing it to a cashier across a counter, and receiving a delicious chocolate candy bar unwrapped in return. Still, it is a financial transaction just the same. Students are consumers of educational services provided by companies, whether the U.S. Internal Revenue Service sees them as 501c3 or not.
Measure of a Post-Secondary Educational Institution’s Success
It is generally easy to discern the success of teaching a child to play catch, the child either catches the ball, or they do not catch the ball. However, some may take the view that the measure of success is instead the child reaching to catch it. The attempt itself is worthy of some admiration, an ideal not lost to many.
However, an attempt to catch the ball is categorically not a success, determined by many programmatic-accreditation bodies, an example of which would be the American Bar Association. One either passes the bar exam or does not pass. Likewise, one either passes their State’s medical board or they do not. The ramifications of either determine whether one will be permitted to practice law or medicine, an ideal we value for the professionals charged with the duties of either keeping us out of prison or alive on the operating table.
Conversely, to an institutional-accreditation body, a child may be the next Jason Varitek despite missing the ball and landing on his or her face. An institutional-accreditation authority is not so concerned whether the child catches the ball, it is concerned with what the ball is made of, how fast it was thrown, and whether the child was the intended recipient. In other words, institutional-accreditation bodies are more concerned with the educational process, the number of students per class, than the result, the number of students working in their desired field. An accredited university can retain its accreditation by solely focusing its business decision-making process on an extensive gamut of unique gradable metrics, rather than merely one: whether its graduates obtained jobs.
In its Notice, the Department “call[s] for institutions, educators, and policymakers to ‘rethink higher education’ and find new ways to expand educational opportunity, demonstrate the value of a post-secondary credential and lifelong learning, and reduce costs for students, schools, and taxpayers. See Factsheet (emphasis added).
What is a CFR?
CFR is short for a Code of Federal Regulation, more amicably known as administrative law by members of the legal community. Administrative law is unique because it is technologically complicated. For example, Lawyers and Judges typically do not enjoy defining what is or is not the correct way to fly an airplane.
Hence, a federal agency, the Federal Aviation Administration, filled to the seams with aviation experts, defines the technical means to fly an aircraft correctly. Likewise, other areas of specialization like immigration or education are governed by administrative rules, ultimately guided by the federal, executive branch of government.
In this instance, the Department’s change to the CFR will result in a cascading effect on how the education sector conducts its education-business – or for the FAA, flies a plane. However, unlike flying a plane, which arguably has a clear right and wrong way of doing it – up or down, education has its unique nuance. For example, a law student, activated for a combat military deployment – yet with access to computers, may
As a valued reader of We Are the Mighty, you may know or be a Soldier, Sailor, Airmen, Marine, or Coast Guardsman who balanced online, distance learning with their military service. Please, share your insight on what you think of the Department of Education’s proposed rules.
Standing among the greatest warriors are the troops who go above and beyond the call of duty for their comrades when the odds are at their slimmest. This is the story of Medal of Honor recipient Pfc. Herbert K. Pilila’au.
Herbert K. Pilila’au was a native Hawaiian, born and raised on the island of O’ahu. Those who knew him growing up would describe him as a gentle kid who would spend much of his time reading the Bible and listening to classical music.
He was drafted into the Korean War at the age of 22 and attended Basic Training at Fort Shafter. His peers were in awe as they watched the stillest, quietest soldier in their company turn out to be the most physically fit and strong of the recruits. Despite being the most talked-about soldier, he remained humble and continually wrote home.
(Photo courtesy of Family and Morale, Welfare and Recreation – Hawaii)
Very shortly after basic training, he was attached to Charlie Company of the 23rd Infantry Regiment, 2nd Infantry Division and entered the fray in Gangwon Province, Korea. He volunteered to be the squad’s automatic rifleman saying, “someone had to do it.”
He first showed his prowess in battle alongside the rest of the 23rd Infantry Regiment as they fought at the Battle of Bloody Ridge in August of 1951. This victory lead United Nations troops to march on what is now known as the Battle of Heartbreak Ridge.
(Courtesy of the National Archives)
Pilila’au would meet his destiny on September 17th, 1951, when his platoon was tasked with protecting the ridge-line of Hill 931. After suffering a barrage of North Korean artillery strikes on their position, his platoon was forced to retreat. As they started to rejoin the rest of the unit, North Korean infantrymen descended on their position.
Pfc. Herbert K. Pilila’au volunteered himself to cover the retreat of the rest of his platoon with his Browning Automatic Rifle. He laid fire into every North Korean that came his way until he ran out of bullets. He then switched to throwing every grenade he had with him. When the grenades were gone, he pulled out his trench knife and carved into any attacker he could while punching them with his free hand. It was only after his platoon was safe that he would be surrounded and, finally, fall to an enemy bayonet.
When his platoon retook the position the next day, they discovered the bodies of forty North Koreans around his. He was buried at the National Memorial Cemetery of the Pacific in Honolulu. On June 18th, 1952, Pfc. Herbert K. Pilila’au was posthumously awarded the Congressional Medal of Honor and became the first Native Hawaiian to receive the United States Military’s highest decoration.
As a showcase for the fourth biennial Gainey Cup International Best Scout Squad Competition, the U.S. Army Armor School hosted the Scouts in Action demonstration, April 29, 2019, at Red Cloud Range.
The Gainey Cup determines the best six-soldier scout squad in the Army and internationally by testing squads on their scout and cavalry skills, their physical stamina, and their cohesion as a team.
(Photo by Mr. Markeith Horace)
The Scouts in Action demonstration was an opportunity for the Armor School to tell the history of the U.S. Cavalry and to show the public what scout squads do for their units, according to Capt. Tim Sweeney, Cavalry Leaders Course instructor.
“Part of what we do in the cavalry is really in the shadows and really hidden from the world to see, because that’s the nature of our business,” said Sweeney. “[Scouts in Action] was a demonstration of the different weapons platforms that we have and how they can be used to execute missions on the battlefield. So we’re just bringing what the Cav does to light.”
Retired Command Sgt. Maj. William J. Gainey, right, the namesake of the biennial Gainey Cup, speaks to competitors before the Recon Run.
(Photo by Mr. Patrick Albright)
During the historical portion of Scouts in Action, the spectators, which included soldiers, civilians and Family members, saw scouts as they would have appeared in period uniforms as they would have ridden or driven period conveyances. They rode horses as Army scouts would have during the Civil War and drove jeeps as Army scouts would have during World War II. Then they drove the High Mobility Multipurpose Wheeled Vehicle, the Bradley fighting vehicle and the Stryker armored vehicle, all from the latter part of the 20th century.
(Photo by Mr. Markeith Horace)
As part of the demonstration of scout skills for the audience, a scout squad performed aerial reconnaissance using a drone. After a notional enemy fired upon the scouts the scouts fired back. Their HMMWV got several rounds off in a one-second burst. Then a Bradley fighting vehicle joined the aciton. Then scouts in Abrams tanks fired at the enemy, each concussive thud knocking up dust.
(Photo by Mr. Markeith Horace)
“So today was the demonstration of the firepower they have,” said Sweeney. “Then over the next three days, they’ll use that firepower and use their dismounted capabilities to execute the missions and really achieve their commander’s end state.”
When the demonstration concluded, the spectators had the opportunity to get refreshments, talk with soldiers and explore some of the vehicles they had just seen in action. The demonstration served as a public entry point to the competition already in progress.
(Photo by Mr. Patrick Albright)
The scout squads arrived the week before and took part in knowledge tests, vehicle identification, a call for fire, a gunnery skills test and a land navigation course.
Units participating this year include the 1st Armored Division; 1st Cavalry Division; 1st, 3rd, 4th, 7th and 25th Infantry Divisions; 2nd Stryker Brigade Combat Team; 10th Mountain Division; 82nd and 101st Airborne Divisions; 2nd, 3rd and 134th Cavalry Regiments; 11th Armored Cavalry Regiment; U.S. Army Alaska; 509th Parachute Infantry Regiment; and the Canadian, Great Britain, Netherlands and German armies.
(Photo by Mr. Markeith Horace)
The squads began the second week of competition with an early morning reconnaissance run at Brave Rifles Field at Harmony Church. During the reconnaissance run, the six-person scout squads must run in uniform and with gear over a set course they do not know the distance to. The course is complete once every member of a squad crosses the finish line back at Brave Rifles Field.
(Photo by Mr. Patrick Albright)
Over three days, the squads will perform exercises that synthesize skills they were evaluated on during the first week. A scout squad proficiency exercise requires the scout squads to orient on a reconnaissance objective while performing reconnaissance on 20 kilometers of terrain occupied by enemy forces. During the scout skills event, the squads must maneuver within their vehicle while collecting and reporting information. As part of a lethality exercise, the squads must conduct a tactical mission under live fire, and then they receive a grade according to their ability to report and engage the enemy force.
(Photo by Mr. Patrick Albright)
Besides drawing focus to the scout mission operational specialty, the competition also serves as a training event for the U.S. Armor School and the units the scout squads represent.
(Photo by Mr. Patrick Albright)
“This competition does a very good job of highlighting the capabilities and limitations that Cavalry scouts encounter, so it’s a way that units can continue to build their training plan, and the Army can look at training and figure out how we can become more and more lethal,” he said.
(Photo by Mr. Patrick Albright)
The final event of the competition is the Final Charge scheduled for 8 a.m. May 3, 2019, at Brave Rifles Field. After the final charge, the awards ceremony is scheduled to begin.
Throughout history, snipers have had two basic roles: deliver long range precision direct fire and collect battlefield information. Their heritage can be traced to the Revolutionary War.
Many of America’s soldiers fighting for their independence in the late 1700s were militia, marksmen by necessity, farmers, and settlers who hunted to feed their family. At the time, their weapons were still relatively primitive, little more than basic hunting rifles, but these hunters were skilled and, according to the American Shooting Journal, while fighting the British, long-range kills were common. Without any formal guidance, these volunteers were doing exactly the same mission as snipers do today.
Snipers continued to play an integral part in battlefield operations during World War I, when trench warfare provided good hiding places for sharpshooters, World War II’s lengthy field deployments, and the Vietnam War, when sniper fire eliminated more than 1,200 enemy combatants.
Since 1945, we have recognized the sniper as an increasingly important part of modern infantry warfare. Sniper rifles and their optics have evolved into costly but effective high-tech weaponry. Although technology, as far as snipers are concerned, can never replace experience and skill.
Annual International Sniper Competition, October 2018.
(U.S. Army photos by Markeith Horace)
Infantrymen U.S. Army Staff Sgt. Micah Fulmer and Spc. Tristan Ivkov, 1st Battalion, 157th Infantry (Mountain), Colorado Army National Guard, showed off their sniper skills, taking second place at the 2018 International Sniper Competition at Fort Benning, Georgia, in October 2018.
The International Sniper Competition is also open to law enforcement agencies, and the 2018 competition featured some of the best snipers from around the globe, including the U.S. military, international militaries, and the Federal Bureau of Investigation.
The best teams face a gauntlet of rigorous physical, mental and endurance events that test the range of sniper skills, including long range marksmanship, observation, reconnaissance, and reporting abilities as well as stealth and concealment.
It is a combat-focused competition that tests a sniper team’s ability to communicate and make decisions while stressed and fatigued, to challenge comfort zones of precision marksmanship capability and training methodology, and to share information and lessons learned regarding sniper operations, tactics, techniques, and equipment.
Army Staff Sgt. Mathew Fox waits to engage a target in the live-fire stalk event during the 2012 International Sniper Competition at the U.S. Army Sniper School on Fort Benning.
(U.S. Army photo)
Ivkov suffered a knee injury prior to the National Guard match. Despite the injury, his team took first place, securing their spot in the international competition. However, concerned about how the injury may impact the team’s ability at the next level, he felt as if they shouldn’t have even been there.
“We went in with quite the train up,” Ivkov said. “Coming in with a second place medal was even a little higher than we figured on.”
The team attended an eight-week training course just before the competition took place.
In order to keep things fair, “We used schoolhouse-issued weapons so everyone was running the same gear,” Ivkov said. “The competition lasted 96 hours…we probably slept 10.”
Their targets ranged from “M9 (Pistol) targets at 5 feet to .50 caliber at a little over a mile away,” Fulmer said. “The actual shooting is just a fraction of the knowledge and discipline you have to have to be a sniper.”
The team must gauge atmospheric and wind conditions, factors that can change a bullet’s course. At some of the longer ranges, even Earth’s rotation must be taken into account. They must also move undetected through varied terrain to get into the right shooting position.
Sgt. Nicholas Irving, of 3rd Battalion, 75th Ranger Regiment, takes aim during the “Defensive Shoot” event at Wagner Range on Fort Benning, Ga., during the Ninth annual U.S. Army International Sniper Competition.
(U.S. Army photo)
Hitting the target also takes “a little bit of luck,” Fulmer said.
Fulmer served four years in the U.S. Marine Corps before joining the Colorado National Guard. Working as mentor and spotter for Ivkov, he earned the honor of top spotter at the international competition.
U.S. Army Staff Sgts. Brandon Kelley and Jonathan Roque, a team from the 75th Ranger Regiment, took first place, for the second consecutive year. Swedish Armed Forces Lance Cpls. Erik Azcarate and David Jacobsson, from the 17th Wing Air Force Rangers, finished third.
The key for any sniper is to remain “calm, cool and collected,” Fulmer said. “We’re not going to let up now; this is just the beginning.”
With ever-changing combat environments and the necessity to stay ahead of the adversary, the U.S. Army, as recently as November 2018, awarded contracts for the fielding of the M107 .50-caliber, long-range sniper rifle. These rifles will assist soldiers such as Ivkov and Fulmer continue to take the fight to the enemy.
We’ve all seen the famous painting, Spirit of ’76. In it, a young Revolutionary War drummer boy is marching alongside two other musicians. The boy is in his Continental Army uniform, looking up to an older drummer who is not in uniform. Another uniformed musician is wounded, but marching and playing the fife.
(Painting by Archibald Willard)
Today, Civil War veteran Archibald Willard’s 1875 painting still evokes patriotism in many Americans. It was, after all, painted on the eve of the United States’ centennial. Willard was the grandson of one of the Green Mountain Boys who, led by legendary patriot Ethan Allen, invaded Canada and captured Fort Ticonderoga during the Revolution. But there are a few errors in the painting: The scene it depicts never happened, the flag in the background wasn’t approved by Congress until much later, and the musicians are not wearing the right uniforms.
None of that really matters, it’s still a painting that resonates with Americans 100 years later. However, questions remain. What did the musicians wear in the Revolution? And why was it a different uniform from their fellow colonials?
In those days, musicians in an army existed to expedite communications on the battlefield. Music was loud enough to be heard over the din of combat and varied enough so that American troops would be able to respond to orders given from battlefield commanders without confusing them for other orders. They could even tell the enemy that the rival commanders wanted a parley. Incredibly (and accurately depicted in the painting), these communications were done by old men and boys who were either too old or too young to fight.
Boys that were younger than age 16 and men older than age 50 were enlisted as musicians. At the time, the average life expectancy for an American colonist was around 36 years, so a man older than 50 was both honored for his longevity and hard to find. Finding them on a dirty, smokey battlefield was just as difficult, so the uniforms they wore needed to be slightly more visible. There was also an economic component involved with the decision.
The regular Continental soldier wore a blue coat with red cuffs. Musicians, on the other hand, wore a red coat with blue cuffs. The red made them stand out on a battlefield where visibility was limited. It also made them stand out to the enemy, so if they were discovered, it was immediately clear that the small figure ahead was a musician — unarmed and not a threat (drummers were considered noncombatants). As an added bonus, the inverted uniforms were made from leftover materials in creating soldiers’ garb.
By the time Ohioan Archibald Willard was serving in the Civil War, musicians were wearing the same uniforms as their armed, regular battle buddies. Their purpose on the battlefields and in camp were the same — and Civil War armies still, by and large, used young boys (some as young as age 9) as drummers and buglers, but many also included full bands, with as many as 68 members in some units.
As battlefield communication methods improved, drums soon gave way to the bugle and, eventually, musicians disappeared from the battlefield altogether. Their role has since been replaced by radio and satellite communications, but for the time that musicians served in their battlefield communications role, the boys and men that filled those ranks were some of the bravest who ever marched with an army.