MIGHTY CULTURE

Congress fixes ‘unfair’ rule that stopped service members from suing for damages

Members of the military who have long been barred by law from collecting damages from the federal government for injuries off the battlefield will finally be able to do so after Congress stepped in to amend the law.


The legislation represents progress for injured service members – but still limits who among them may press for damages.

Up until the end of World War II, the U.S. government enjoyed “sovereign immunity,” a vestige of British rule when “the king could do no wrong” and the government could not be sued.

But in 1946, faced with the prospect of World War II veterans returning from the front only to be hit and killed in an accident on base, Congress enacted the Federal Tort Claims Act. Congress felt that it was only fair to allow people to recover damages for personal injury from the government when the government was negligent or irresponsible about caring for people’s safety.

There were exceptions. Certainly Congress could not allow a soldier – or his family – to sue the government if, due to the orders of a superior officer, he were wounded or killed in battle. So the Federal Tort Claims Act prohibited suits by soldiers or sailors injured due to wartime combatant activities.

But later rulings limited servicemembers’ rights even more, in ways not suggested by the language of the act.

The first of these was a case filed by the surviving family members of a soldier. Lt. Rudolph Feres was a decorated World War II veteran who had parachuted into Normandy on D-Day. He survived that battle and others through the end of the war only to return to the U.S. and die in a barracks fire caused, according to his wife, by the explosion of a boiler known to be faulty.

Feres’ widow also claimed that no fire guard had been posted on the fateful night. Joined to the case were two soldiers who claimed malpractice by army surgeons.

upload.wikimedia.org

The court decided that the existing benefits scheme for military deaths and injuries was ample and denied the claims. To the further chagrin of the Feres family, the controversial ruling took on the name the “Feres Doctrine.”

Cases sustaining Feres expressed the concern that allowing civilian courts to intervene in cases of this type would interfere with military discipline. Thus, the court declared that soldiers could not sue the government for damages for negligently caused injuries “incident to service,” even if they did not involve combat.

Later suits building on Feres limited soldiers’ rights even more – barring claims by a soldier allegedly raped by her drill sergeant and by members of the military harmed by their exposure to nuclear testing and the defoliant chemical Agent Orange.

Questionable doctrine survives

All of these rulings meant that anyone who had the misfortune of getting hurt while on active duty, even if it wasn’t in combat, could never sue for damages – while if the same person had gotten hurt on the job as a civilian, they would have had that right.

This disfavored treatment for servicemen was underscored in the aftermath of the space shuttle Challenger explosion, during which families of civilian crew members were able to file lawsuits against the government, but the family of the pilot who was a Navy captain on active duty could not.

The Feres Doctrine were therefore seen by many as unfair. Others, like the late Supreme Court Justice Antonin Scalia, criticized Feres because of its departure from the plain language of the Federal Tort Claims Act, which limits the exclusion to wartime “combatant activities.” Still others believe that Feres fails to hold the military accountable for the kind of mistakes for which others are required to pay damages.

The Feres Doctrine nevertheless has continued to hold sway, with the Supreme Court refusing to reconsider the doctrine as recently as May 2019. Justice Clarence Thomas, in a dissent from the court’s denial of certiorari in that case, Daniel v. United States, paraphrased Justice Scalia in stating that “Feres was wrongly decided and heartily deserves the widespread, almost universal criticism it has received.”

In 1950, speaking for the Supreme Court in the Feres case, Justice Robert Jackson admitted, “If we misinterpret the Act, at least Congress possesses a ready remedy.” That “ready remedy” finally came almost seventy years later, due to the persistence of a soldier suffering from terminal cancer.

Green Beret goes to Congress

Sergeant First Class Richard Stayskal is a former Green Beret and wounded Iraq veteran whose military health providers missed a 3-centimeter mass in one of his lungs on a CT scan.

After military physicians repeatedly attributed his health problems to asthma or pneumonia, Sgt. Stayskal learned from a civilian pulmonologist that he actually had stage 4 lung cancer. Sgt. Stayskal continues to receive treatment for his cancer, although he says it is deemed incurable.

But Sgt. Stayskal was barred by Feres from pursuing a malpractice case in court.

So Stayskal enlisted the support of California Congresswoman Jackie Speier, a Democrat, who introduced a bill to allow current and former service personnel to bring medical malpractice claims against government health providers.

A compromise version of the bill was incorporated into the National Defense Authorization Act for fiscal year 2020. Adding the bill into a “must-pass” piece of defense legislation assured its passage. It was passed by both houses of Congress with overwhelming bipartisan support. President Trump signed the measure into law on Dec. 20, 2019.

Cup only half-full

The new law does not cover everyone. A lawsuit like the original Feres case, by the survivors of someone who perished in a barracks fire, would still not be allowed. That’s because the legislation only allows claims by those who allege to have been victims of medical malpractice by military health care providers.

And claims cannot be brought in federal court, as is normally the case under the Federal Tort Claims Act. Rather, they must be pursued through a Defense Department administrative procedure under regulations that the Department of Defense is required to draft.

While Rep. Speier still thinks that military claimants “deserve their day in federal court,” this would not be the first time a legislature provided a remedy for personal injury through an administrative process outside the courts. Workers’ compensation and the September 11 Victim Compensation Fund are examples of the use of administrative processes to determine compensation for injury.

Research suggests that most claimants don’t care whether their cases are decided through a court, an administrative procedure or even mediation. Rather, they care about having a respectful hearing in which a third party has carefully considered their views, concerns and evidence.

Those who worked to pass this legislation will likely scrutinize the Defense Department’s regulations and procedures to see whether such a forum has been provided.

This article originally appeared on Real Clear Defense. Follow @RCDefense on Twitter.

MIGHTY CULTURE

This is what basic Marine infantry training is like

If you know anything about Marines, you know that we’ve built up one h*** of a reputation over the past 243 years. Whether it’s destroying our enemies or our profound capability to drink an entire town dry of alcohol, one thing is for sure — we’ve made a name for ourselves. But, the biggest and most important reputation is the one we have on the battlefield.

But the infantry plays the biggest role — closing with and destroying the enemy. Some may even regard us as the best in this respect but, to be the best, you have to train like the best from the ground up. This all starts at the Marine Corps School of Infantry so here are some things you should know about how the Marine Corps makes Infantry Marines:


You’ll be pushed further than you were in boot camp.

(U.S. Marine Corps photo by Cpl. Chelsea Anderson)

It’s tough

You probably expected as much. But, let’s get this out of the way now: it’s tough but it’s not as tough as you’ll think it is. There are going to be lots of challenges but remember that the goal is to mentally and physically prepare you for being a professional war fighter.

A lot of late nights and early mornings, but it’s for the best.

(U.S. Marine Corps photo)

Sleep deprivation

Not unlike the first 48 hours of boot camp, you’re deprived of sleep. Very unlike the rest of boot camp, the sleep deprivation doesn’t end after the first 48 hours. In fact, you might develop a mentality like, “I can sleep when I get to my unit.” But, chances are, you won’t.

It’s better than nothing though.

(U.S. Marine Corps photo by Lance Cpl. Shane T. Manson)

Malnourishment

In boot camp, you get three meals at the mess hall each day with the exception of field week, where you get MREs, and the Crucible, where you get, like, one MRE for three days. In SOI, you get nothing but MREs – and believe me, your gut will feel it.

There might even be times your instructors don’t pull your platoon aside to make sure you eat; you’ll just have to eat when you can.

Okay, you might get tents in your unit.

(U.S. Marine Corps photo by Cpl. Donato Maffin)

Sleeping indoors is rare

You might have expected this. Infantry Marines sleep outside no matter what. Sleeping inside is something you only get to do when you’re out of the field so get used to sleeping in the dirt under the rain.

Remember that they’re teaching you a lot of valuable lessons, even by being tough.

(U.S. Marine Corps photo by Cpl. Orrin G. Farmer)

The instructors are more harsh

Just because they don’t scream in your face all the time like Drill Instructors doesn’t mean they’re better. Combat Instructors are, in a way, much easier to deal with. Overall, they’re way more harsh in the long run because they know you might end up in their squad or platoon and they want to make sure they trained you well enough to be there.

MIGHTY CULTURE

10 Ways to Show Your Gratitude During Military Appreciation Month

May is Military Appreciation Month. Each year the President makes a proclamation reminding the nation of the importance of the Armed Forces, and declaring May as Military Appreciation Month.

Here are 10 ways you can show your gratitude to military members during Military Appreciation Month:

Wear your pride

Pull out those patriotic and military themed shirts, or buy a new one and wear them with pride. This shows those members of the Armed Forces that you support them and appreciate all that they do.

Donate to a military charity

If you want to give of yourself or financially, consider donating to a military charity. It can be difficult to know which charities are worthy of your gifts, as there are so many out there. The key to this is to do your research before you decide. A few of the top rated charities are: The Gary Sinise Foundation, Homes for Our Troops and Fisher House Foundation.

Fly the flag

As Americans, this is always the number one way we show our patriotic pride. During the month of May fly those colors (properly, of course) and show your pride and appreciation for those who protect our country every day.

Buy a military member a drink, coffee or meal

If you are out, why not buy a military member a drink, a coffee or even a meal? Acts of kindness are always appreciated by the men and women of the Armed Forces.

Take to social media

This Military Appreciation Month, fill up social media with notes and posts of how much our military is appreciated. Paint your gratitude across Facebook, Twitter and other social platforms.

Send a note or card

There are thousands of men and women deployed across the world from all branches of the military. Send them a note or a card telling them how much you appreciate their service and sacrifice. Better yet, get the kids involved and have them make cards to send to the troops.

Send a care package

If you want to take things a step farther, care packages are always appreciated by the troops, especially those deployed. Websites like Operation Gratitude give information on how to best get care packages to the members of the Armed Forces.

Pay respects at a military cemetery or memorial

Part of the month of May is Memorial Day. This is one of the reasons this month was chosen for Military Appreciation Month. Take the time to visit a cemetery or memorial and pay your respects to those that gave the ultimate sacrifice for their country.

Support military-owned businesses

There are many military members, military spouses and veterans who own their own business. Find some in your neighborhood and make a point to support them by stopping by, purchasing their goods, and recommending them to your friends and families.

Say thank you

Any of these options are a wonderful way to show appreciation to members of the military. However, oftentimes a simple ‘Thank You’ is more than enough. If you see a member of the military out and about, take the time to give them a smile, a handshake, and a thank you. Those two words mean more than you can know.

May is Military Appreciation Month. However, these men and women serve and sacrifice every day of the year. Yes, this month in particular show your gratitude towards them. But, remember them the rest of the year as well. They make the choice to serve and to sacrifice for you, give them your thanks every day.

MIGHTY MILSPOUSE

Air Force, Navy, and Coast Guard team up to rescue fisherman in the Pacific

Earlier in October, the Navy, Air Force, and Coast Guard worked together to save the life of a 73-year-old mariner in the Pacific Ocean.

In the morning hours of October 2, the Lady Alice, an 84-foot commercial fishing vessel sent out an emergency message. It was sailing approximately 150 miles east of Hawaii when one of its crew got sick. The victim’s fellow sailors notified the Joint Rescue Coordination Center in Honolulu, Hawaii, that the 73-year-old man was suffering from what appeared to be a stroke.


Despite administering medication to the victim, his shipmates were concerned that his situation might deteriorate. It was then decided that a team of Pararescuemen would jump next to Lady Alice and provide emergency medical care to the man.

A few hours later, three PJs from the 129th Rescue Wing jumped with their gear from an Air Force HC-130 Combat Talon II and then boarded the fishing vessel. Upon assessing the patient, the Air Commandos determined that he needed more advanced care and that a medical evacuation was necessary. The Navy was then called in, and an MH-60 Seahawk chopper from Helicopter Maritime Strike Squadron 37 transported the patient directly to the hospital.

Pararescuemen assigned to the California Air National Guard 129th Rescue Wing transfer a patient from an HH-60G helicopter to land-based medical facilities. This image shows an older rescue by the unit (U.S. Air Force).

“One of the greatest difficulties when dealing with cases in the Pacific is distance,” said Michael Cobb, command duty officer for Joint Rescue Coordination Center Honolulu in a press release.
“This is why partnerships with our fellow armed services are so important out here. The Coast Guard, Navy, and Air Force all have different capabilities and through teamwork, we were able to aid a mariner in need.”

Throughout the operation, a Coast Guard HC-130 from Air Station Barbers Point provided regular weather updates and general support.

The 129th Rescue Wing is part of the California National Guard.

This is another successful non-combat rescue operation for the Air Force’s Pararescuemen. Recently, and in two separate incidents, PJs saved a man and his daughter and a teen hiker who had gotten lost in the wilderness of the Pacific Northwest.

This rescue operation showcased the interoperability between the three services, an interoperability that becomes ever more relevant and important. Great Power Competition (GPC) is the era of warfare, in which Russia, in the shorter term, and China, in the longer term, are the main threats to U.S. national security.

China currently fields the largest navy in the world. Although the U.S. Navy is aiming at a 500-ship fleet by 2045, it will be some time before that strategic vision turns into an operational capability. As a result, inter-service cooperation and interoperability are of the essence to enhance the overall effectiveness of the military.

The victim was the master of the Lady Alice. In a ship, a master is responsible for navigation. The rank used to exist in the Navy as well (it was a warrant officer position) but has long been replaced by the currently active rank of Lieutenant Junior Grade.

The rank of Master also appears in the popular film “Master and Commander,” starring Russel Crowe which takes place in the Napoleonic Wars. That version of the rank, which was between the rank of Lieutenant and Post Captain, was active in the Royal Navy during the Age of Sail and was given to officers who commanded a ship not large enough to merit a master or a captain (in rank).

This article originally appeared on Sandboxx. Follow Sandboxx on Facebook.


Articles

The Harrier will live longer as the Hornet falls apart

The problems the Marine Corps is having with its F/A-18 Hornet force have been a boon to one plane that was originally slated to go to the boneyard much earlier.


According to Foxtrot Alpha, the AV-8B Harrier has recently gained a new lease on life as upgrades are keeping the famed “jump jet” in service. In fact, the Harrier force has become more reliable in recent years, even as it too sees the effects of aging.

U.S. Navy photo by Seaman Levingston Lewis

One of the reasons is the fact that the Marine Hornet fleet is falling apart. The Marines had to pull 23 Hornets out of the boneyard at Davis-Monthan last year to address the issues they were facing – and even then, they needed some hand-me-downs from the Navy.

The Marine Corps is planning to replace both the F/A-18C/D Hornets and the AV-8B Harriers with the F-35B Lightning II, the Vertical/Short Take-Off and Landing version of the Joint Strike Fighter. The F-35B has already been deployed to Japan, while the F-35A, operating from conventional land bases, just recently deployed to Estonia.

Two F-35B Lightning II aircraft with Marine Fighter Attack Squadron 121, prepare to land at Marine Corps Air Station Iwakuni, Japan, Jan. 18, 2017. VMFA-121 conducted a permanent change of station to MCAS Iwakuni, from MCAS Yuma, Ariz., and now belongs to Marine Aircraft Group 12, 1st Marine Aircraft Wing, III Marine Expeditionary Force. (USMC photo)

Originally, the Harriers were slated to be retired first, but the delays on the F-35 and a review that not only changed how the Marines used the Harrier, but also discovered that the Harrier airframes had far more flight hours left in the than originally thought gave them a new lease on life.

As a result, the Marines pushed through upgrades for the Harrier force, including newer AMRAAM missiles and the GBU-54 Laser Joint Direct Attack Munition, a 500-pound system that combined both GPS guidance with a laser seeker. Other upgrades will keep the Harriers flying well into the 2020s.

Capt. Jonathan Lewenthal and Capt. Eric Scheibe, AV-8B Harrier pilots with Marine Attack Squadron 231, Marine Aircraft Group 14, 3rd Marine Aircraft Wing (Forward), fly over southern Helmand province, Afghanistan after conducting an aerial refuel Dec. 6, 2012. 
(U.S. Marine Corps photo by Cpl. Gregory Moore)

The Harrier has been a Marine Corps mainstay since 1971 – often providing the close-air support for Marines in combat through Desert Storm and the War on Terror. The Harrier and Sea Harrier first made their mark in the Falklands War, where the jump jets helped the United Kingdom liberate the disputed islands after Argentinean military forces invaded.

MIGHTY HISTORY

This Navy diver lost his leg, but not his spirit

Carl Brashear was no stranger to adversity. A sharecropper’s son, he grew up on a farm in Kentucky and attended segregated schools his entire life. He enlisted in the Navy the same year that President Truman effectively ended segregation in the military by issuing Executive Order 9981. Brashear was told repeatedly that he couldn’t be a Navy diver: no black man ever had. His application was ignored and lost, over and over until 1954 when he made the cut. But those struggles paled in comparison to the mission that cost him his leg.


When Brashear enlisted, black sailors were only offered jobs like serving white officers meals or cleaning up. Brashear knew he was meant to do more. He wanted to be a Navy diver.

In addition to the physical attributes it takes to be a Diver, you also have to have a bit of smarts too. There is a science to diving and understanding it is a key prerequisite to becoming and advancing through the Diving hierarchy. Brashear had grown up in rural Kentucky and, because of the lack of education in segregated schools, had the equivalent of an 8th grade education. While he had become a salvage diver which was difficult in and of itself, in order to get to the next step, he had to pass a grueling science component.

It took him almost 9 years, but he was able to do so, and became a First-Class Diver in 1964. Braesher made history as the first African American to become a Navy diver.

Then the accident happened.

In January 1966, off the coast of Spain, two Air Force planes collided while attempting to link up to refuel. A B-52G Stratofortress Bomber collided with a KC-135A Stratotanker causing both planes to go down. All four of the refueler’s crew perished while three of the seven crew died on the bomber when their plane broke apart.

While the loss of life itself was devastating, the cargo of the bomber was cause of grave concern as well. Falling to the earth were four MK28 Hydrogen bombs.

Three of the bombs were found immediately in a Spanish fishing village. The fourth was believed to have fallen into the Mediterranean.

The Air Force asked the assistance of the United States Navy. After 80 days of searching, the bomb was finally located. It took over 20 ships, thousands of men and about 150 Navy Divers, one of whom was Carl Brashear.

Two months into the search, a tow cable snapped and sent a pipe into Brashear’s leg almost shearing it off. Brashear was medevaced to Germany and then Virginia. Despite all attempts to save his left leg below the knee, doctors could not stop the infections and necrosis that set in.

Brashear would have to lose his leg.

For most of us who served, this should have meant the end of his career and most certainly should have ended his time as a Navy Diver.

For Carl Brashear, that was not an option. His journey in the Navy had already been long and arduous, and he had his eyes set on something bigger. One of his personal beliefs was, “It’s not a sin to get knocked down; it’s a sin to stay down”.

It should have been the end of his career. For Brashear it was just another fight he was going to win. The Navy set about the process to medically retire him.

Brashear refused to show up for his med-board meeting and instead went about proving to the Navy that he could be returned to active duty. As reported by the L.A. Times, Brashear said, “Sometimes I would come back from a run, and my artificial leg would have a puddle of blood from my stump. In that year, if I would have gone to sick bay, they would have written me up. I didn’t go to sick bay. I’d go somewhere and hide and soak my leg in a bucket of hot water with salt in it — an old remedy.”

It took almost two years of determination, but in 1968, Brashear was able to be recertified as a Navy Diver.

Again, for most people this would have been a remarkable finale. For Brashear, there was one more major goal he wanted.

Master Diver.

Brashear pushed through the limitation of having a prosthetic leg and studied master the scientific criteria that was needed to get to the next level.

In two years, he did it. In 1970, he became the first African American to become a Master Diver in the United State Navy.

Brashear retired in 1979 as a Master Chief Petty Officer and Master Diver.

Through his career he told people, “I ain’t going to let nobody steal my dream”.

No one did.

usnhistory.navylive.dodlive.mil

MIGHTY GAMING

6 things in video games that work nothing like real combat

Obviously, video games are nothing like the real world. No one is going to give you 100 gold coins to go clear a bunch of rats out of a dungeon and no one is impressed by your ability to roll on the ground to get places faster.

Where this division between real life and gaming hits the hardest is in the military. Think about it — not once has a recruiter tried to tell you about the “quest reward” that is the GI Bill. On the bright side, there are a lot less people screaming that they’ve done unspeakable acts to others’ mothers — so there’s that.

These are six video game tropes that are completely detached from reality.


Usually, waiting for your vision to stop going red indicates a concussion…

(Bungie)

First-aid kits

Most games have one of two types of healing: Either you just hide behind a rock for a few seconds and you’re perfect or you run over a first-aid kit and it immediately feel better You might be surprised to learn that this isn’t how it works on an actual battlefield.

There are entire occupations in the military dedicated to delivering aid to wounded troops. The cold reality is that just throwing a first aid kit at someone isn’t going to get them back to 100%.

It’s probably for the best. A laser could get set off by anyone: friend, foe, or civilian bystander.

(Ubisoft)

Claymore mines

For some reason, claymore mines in video games are always set to go off when someone walks in front of the little lasers attached to the front.

In real life, mines like those do exist, but they aren’t used on the battlefield. Laser tripwire mines are highly discouraged by the Geneva convention. Typically, real claymore mines are detonated with a wire and switch.

Even in the apocalypse, any weapon you find works perfectly.

(Bethesda Game Studios)

Perfectly working weapons

No matter what wide assortment of weapons and firearms the game presents to the player, every weapon will always work perfectly. You never have to clean them, maintain them, or deal with many of the issues that plague actual weapons.

Cleaning weapons is a daily routine for combat arms troops. But even if the weapon is at peak cleanliness, they may still suffer a failure to feed, load, or eject, which takes a troop out of the fight temporarily. It’d be nice for immersion if the gamer had to perform SPORTS on a disabled rifle, but it definitely wouldn’t be any fun.

Older games tended to be a lot more straightforward with their orders.

(Data East)

Operation Orders

In a sense, there are briefings in video games. While the mission loads up, players are told what to do and then sent off to play. If they don’t like a mission, they can usually just skip it — or disregard orders and play it however they see fit.

Declining a mission from someone who outranks you or putting your own “creative twist” on an objective to it is a surefire way to incur administrative action — especially if your idiotic move has terrible consequences for someone else.

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It’s also much harder to do a 360 No-Scope in real life, so don’t try it at home, kids.

“Running and gunning”

In multiplayer games, when a match starts, players set out with a singular objective of outscoring the other guys. This means that everyone plays the fun role of the badass who runs around the map shooting fools in the face.

Actual missions are set up differently and broken down into many different tasks. Your security element is often away from the fight and watching what the enemy is up to, the support element makes sure things go according to plan, and even the assault teams you’d expect to be doing the badass stuff often are given a single task like, “just watch this one particular window.”

Thankfully, helicopter pilots don’t give a damn if you’ve gone on a 7-kill streak or not.

(Activision)

Fair fights

Video games try to give everyone an equal and competitive chance at winning. Developers spend months fine tuning a game before launching it to make sure every player is given the same chance as the next. In a perfect, competitive environment, the only variable is skill.

There’s no way in Hell that U.S. troops would willingly fight on the same level as their enemy. Sure, there’s always going to be that one tool who complains about the Geneva Convention “holding us back,” but in the grander scheme of things, it really doesn’t. U.S. troops kick an unbelievable amount of ass — and they do so with bigger guns, better technology, and more rigorous training.

Articles

F-35 pilot: Here’s what people don’t understand about dogfighting, and how the F-35 excels at it

Since 2001, Lockheed Martin and US military planners have been putting together the F-35, a new aircraft that promises to revolutionize aerial combat so thoroughly as to leave it unrecognizable to the general public.


Detractors of the F-35 Joint Strike Fighter have long criticized the program as taking too long and costing too much, though overruns commonly occur when developing massive, first-in-class projects like the F-35.

Related: This is how the F-35 is being tested against Russian and Chinese air defenses

But perhaps the most damning criticism of the F-35 came from a 2015 assessment that F-16s, first fielded in the 1970s, had handily defeated a group of F-35s in mock dogfight tests.

According to Lt. Col. David “Chip” Berke, the only US Marine to fly both the F-22 and the F-35, the public has a lot of learning to do when assessing a jet’s capability in warfare.

“The whole concept of dogfighting is so misunderstood and taken out of context,” Berke said in an interview with Business Insider. “We need to do a better job teaching the public how to assess a jet’s capability in warfare.”

“There is some idea that when we talk about dogfighting it’s one airplane’s ability to get another airplane’s 6 and shoot it with a gun … That hasn’t happened with American planes in maybe 40 years,” Berke said.

“Everybody that’s flown a fighter in the last 25 years — we all watched ‘Top Gun,'” said Berke, referring to the 1986 film in which US Navy pilots take on Russian-made MiGs.

Lockheed Martin photo

But planes don’t fight like that anymore, and comparing different planes’ statistics on paper and trying to calculate or simulate which plane can get behind the other is “kind of an arcane way of looking at it,” Berke said.

Unlike older planes immortalized in films, the F-35 doesn’t need to face its adversary to destroy it. The F-35 can fire “off boresight,” virtually eliminating the need to jockey for position behind an enemy.

The F-35 can take out a plane miles beyond visual range. It can pass targeting information to another platform, like a drone or a US Navy destroyer, and down a target without even firing a shot.

While US Air Force pilots do train for classic, World War II-era dogfights, and while the F-35 holds its own and can maneuver just as well as fourth-generation planes, dogfights just aren’t that important anymore.

Berke said dogfighting would teach pilots “great skill sets” but conflict within visual range “doesn’t always mean a turning fight within 100 feet of the other guy maneuvering for each other’s 6 o’clock.” Berke also made an important distinction that conflicts within visual range do not always become dogfights.

Also, “within visual range” is a tricky term.

An F-35 Lightning II from Eglin AFB flies with an F-16 Fighting Falcon from Luke AFB at the Luke Airshow. Lockheed Martin photo.

“You could not see a guy who’s a mile away, or you could see a guy at 15 miles if you got lucky,” Berke said, adding that with today’s all-aspect weapons systems, a plane can “be effective in a visual fight from offensive, defensive, and neutral positions.”

“We need to stop judging a fighter’s ability based on wing loading and Gs,” Berke said of analysts who prize specifications on paper over pilots’ insights.

Furthermore, Berke, who has several thousand flying hours in four different airplanes, both fourth and fifth generation, stressed that pilots train to negate or avoid conflicts within visual range — and he said no plane did that better than the F-35.

Even in the F-22 Raptor, the world’s most lethal combat plane in within-visual-range conflicts and beyond, Berke said he’d avoid a close-up fight.

“Just because I knew I could outmaneuver an enemy, my objective wouldn’t be to get in a turning fight and kill him,” Berke said.

Even in the world’s best fighter jet, nobody would choose a dogfight. US Air Force photo

Though it might be news to fans of “Top Gun” and the gritty, “Star Wars”-style air-to-air combat depicted in TV and films, the idea of a “dogfight” long ago faded from relevance in the world of aerial combat.

A newer, less sexy term has risen to take its place: situational awareness. And the F-35 has it in spades.

MIGHTY TACTICAL

A nuclear cruise missile that can be carried by jets

US Air Force weapons developers are working with industry to pursue early prototypes of a new air-launched, nuclear-armed cruise missile able to pinpoint targets with possible attacks from much farther ranges than bombers can typically attack.

Service engineers and weapons architects are now working with industry partners on early concepts, configurations, and prototypes for the weapon, which is slated to be operational by the late 2020s.

Many senior Pentagon and Air Force officials believe the emerging nuclear-armed Long Range Stand-Off weapon will enable strike forces to attack deep within enemy territory and help overcome high-tech challenges posed by emerging adversary air defenses.


The Air Force awarded two 0 million LRSO deals in 2017 to both Raytheon and Lockheed Martin as a key step toward selecting one vendor for the next phase of the weapon’s development. Due to fast growing emerging threats, the Air Force now envisions an operational LRSO by the end of the 2020s, as opposed to prior thoughts they it may not be ready until the 2030s.

While many details of the weapons progress are not available naturally for security reasons, Air Force officials tell Warrior Maven that plans to move into the Engineering and Manufacturing Development phase are on track for 2022.

A cruise missile armed with nuclear weapons could, among many things, potentially hold targets at risk which might be inaccessible to even stealth bombers in some instances.

As a result, senior Air Force leaders continue to argue that engineering a new, modern Long-Range Standoff weapons with nuclear capability may be one of a very few assets, weapons or platforms able to penetrate emerging high-tech air defenses. Such an ability is, as a result, deemed crucial to nuclear deterrence and the commensurate need to prevent major-power warfare.

United States Tomahawk cruise missile.

“The United States has never had long-range nuclear cruise missiles on stealthy bombers,” Hans Kristensen, Director of the Nuclear Information Project, Federation of American Scientists, told Warrior Maven.

Therefore, in the event of major nuclear attack on the US, a stand-off air-launched nuclear cruise missile may be among the few weapons able to retaliate and, as a result, function as an essential deterrent against a first-strike nuclear attack.

“There may be defenses that are just too hard. They can be so redundant that penetrating bombers becomes a challenge. But with standoff (enabled by long-range LRSO), I can make holes and gaps to allow a penetrating bomber to get in,” Lt. Gen. Stephen Wilson, former Commander of Air Force Global Strike Command, (and Current Vice Chief of Staff of the Air Force) told the Mitchell Institute in 2014.

At the same time, some experts are raising concerns as to whether a nuclear-armed cruise missile could blur crucial distinctions between conventional and nuclear attacks; therefore, potentially increasing risk and lowering the threshold to nuclear warfare.

“We have never been in a nuclear war where escalation is about to happen and early-warning systems are poised to look for signs of surprise nuclear strikes. In such a scenario, a decision by a military power to launch a conventional attack — but the adversary expects and mistakenly interprets it as a nuclear attack — could contribute to an overreaction that escalates the crisis,” Kristensen said.

Potential for misinterpretation and unintended escalation is, Kristensen said, potentially compounded by the existence of several long-range conventional cruise missiles, such as the Tomahawk and JASSM-ER. Also, in future years, more conventional cruise missiles and hypersonic weapons are likely to emerge as well, creating the prospect for further confusion among potential adversaries, he explained.

“Stealthy bombers equipped with numerous stealthy LRSOs would — in the eye of an adversary — be the perfect surprise attack weapon,” Kristensen said.

However, senior Air Force and Pentagon weapons developers, many of whom are strong advocates for the LRSO, believe the weapon will have the opposite impact of increasing prospects for peace — by adding new layers of deterrence.

B-2 Spirit Stealth Bomber.

“LRSO will limit escalations through all stages of potential conflict,” Robert Scher, former Sec. of Defense for Strategy, Plans and Capabilities, told Congress in 2015, according to a report from the Federation of American Scientists.

In fact, this kind of thinking is analogous to what is written in the current administration’s Nuclear Posture Review which, among other things, calls for several new low-yield nuclear weapons options to increase deterrence amid fast-emerging threats. While discussing these new weapons options, which include a lower-yield submarine-launched nuclear weapon, Defense Secretary James Mattis told Congress the additional attack possibilities might help bring Russia back to the negotiating table regarding its violations of the INF Treaty.

The LRSO will be developed to replace the aging AGM-86B Air Launched Cruise Missile or ALCM, currently able to fire from a B-52. The AGM-86B has far exceeded its intended life-span, having emerged in the early 1980s with a 10-year design life, Air Force statements said.

Unlike the ALCM which fires from the B-52, the LRSO will be configured to fire from B-2 and B-21 bombers as well, service officials said; both the ALCM and LRSO are designed to fire both conventional and nuclear weapons.

While Air Force officials say that the current ALCM remains safe, secure, and effective, it is facing sustainment and operational challenges against evolving threats, service officials also acknowledge.

The rapid evolution of better networked, longer-range, digital air-defenses using much faster computer processing power will continue to make even stealth attack platforms more vulnerable; current and emerging air defenses, such as Russian-built S-300s and S-400s are able to be cued by lower-frequency “surveillance radar” — which can simply detect that an enemy aircraft is in the vicinity — and higher-frequency “engagement radar” capability. This technology enables air defenses to detect targets at much farther ranges on a much larger number of frequencies including UHF, L-band and X-band.

Russian officials and press reports have repeatedly claimed its air-defenses can detect and target many stealth aircraft, however some US observers believe Russia often exaggerates its military capabilities. Nonetheless, many US developers of weapons and stealth platforms take Russian-built air defenses very seriously. Many maintain the existence of these systems has greatly impact US weapons development strategy.

Accordingly, some analysts have made the point that there may be some potential targets which, due to the aforementioned superbly high-tech air defenses, platforms such as a B-2 stealth bomber, might be challenged to attack without detection.

However, Air Force leaders say the emerging new B-21 Raider stealth bomber advances stealth technology to yet another level, such that it will be able to hold any target at risk, anywhere in the world, at any time.

This article originally appeared on Warrior Maven. Follow @warriormaven1 on Twitter.

MIGHTY TRENDING

The Pentagon will report what really happened to 4 soldiers in Niger

The Pentagon is releasing a redacted version of the lengthy Niger ambush investigation that is expected to focus on the command and tactical decisions that led to the deaths of four members of the Army‘s Third Special Forces Group.

Defense Secretary Jim Mattis has said the Article 15-6 fact-finding investigation is thousands of pages long. Pentagon officials said the report would include an animated video of what happened on the joint patrol with Nigerien troops near the village of Tongo Tongo in northwestern Niger on Oct. 4, 2018.


The families of the fallen and members of Congress have already been briefed on the findings, which were expected to answer the lingering questions about how a patrol of 12 U.S. and approximately 30 Nigerien troops came to be overwhelmed by fighters from an offshoot of the Islamic State of Iraq and Syria.

In a briefing shortly after the ambush, Joint Chiefs Chairman Gen. Joseph Dunford said the mission had been expected to pose little risk.

Marine Corps Gen. Joseph F. Dunford Jr., chairman of the Joint Chiefs of Staff.
(Dept. of Defense Photo by Navy Petty Officer 2nd Class Dominique A. Pineiro)

However, the mission reportedly was changed and sent the patrol after a high-value militant linked to the offshoot called ISIS in the Greater Sahel.

Those killed in the patrol were Sgt. La David Johnson, 25, of Miami Gardens, Florida; Staff Sgt. Bryan C. Black, 35, of Puyallup, Washington; Staff Sgt. Jeremiah W. Johnson, 39, of Springboro, Ohio; and Staff Sgt. Dustin M. Wright, 29, of Lyons, Georgia.

Four Nigerien troops and a Nigerien interpreter also were killed in the ambush near the Mali border as the patrol was returning to base near the Nigerien capital of Niamey.

Black’s father has declined to fault the decisions that led to the ambush.

He told National Public Radio, “I would not personally characterize them as mistakes. They were just decisions based on what they knew, and I believe that those decisions were sound decisions.”

One of the questions that is expected to be answered is how Sgt. La David Johnson came to be separated from the rest of the patrol during the ambush. His body was not found until two days after the attack.

Sgt. La David Johnson
(U.S. Army photo)

The noontime briefing at the Pentagon on the investigation is expected to be led by Assistant Secretary of Defense for International Security Affairs Robert S. Karem and Marine Gen. Thomas D. Waldhauser, commander of U.S. Africa Command.

Waldhauser’s chief of staff, Army Maj. Gen. Roger L. Cloutier, who led the Article 15-6 investigation, is also expected to join the briefing.

This article originally appeared on Military.com. Follow @military.com on Twitter.

MIGHTY HISTORY

A US civilian tried to get revenge in Afghanistan with a sword

Gary Brooks Faulkner, a construction worker from Colorado, was detained by police with a pistol and a sword. Except for the sword, this would not be unusual in Colorado. But he wasn’t in Colorado. He was in Pakistan, and he was there to avenge the 9/11 terrorist attacks by taking a sword to the world’s most wanted man.


When the U.S. Army adopted the motto “Army of One,” a lot of soldiers laughed. But one American civilian seemed to have taken it to heart. He wasn’t ashamed of his self-imposed mission. He was proud of it. Even when he was arrested in the Chitral District of Pakistan while trying to cross into Afghanistan, he didn’t hide it.

“He told the investigating officer he was going to Afghanistan to get Osama. At first we thought he was mentally deranged,” said Muhammad Jaffar Khan, the Chitral police chief. But the gun-toting, sword-wielding Californian was totally serious. He even brought along night vision goggles. The American was even under armed guard while staying in Pakistan under the guise of being an everyday tourist. One night, he slipped away from his guard and made a run for the border.

Faulkner was arrested in Pakistan back in 2010 and had no idea – like the rest of the world – that Osama bin Laden wasn’t even in Afghanistan at the time. Bin Laden’s compound in Abbottabad, Pakistan was just a ten-hour drive from the Kalash Valley, where Faulkner was staying. There wasn’t even a border to cross or policemen to arrest him or take away his samurai sword.

But the American had no idea where he was going. He told police he brought the Bible along with him and that God would guide him to where Osama bin Laden was hiding, and allow him America’s vengeance. Or at least allow him to capture the world’s most wanted terrorist. But of course, we all know how OBL’s story ends.

Faulkner’s ends with a Nic Cage movie.

Gary Brooks Faulkner, however, was turned over to the U.S. State Department in Pakistan and repatriated home to Colorado, where he was a guest on various talk shows, including The View and The Late Show with David Letterman, before going back to a regular life of managing his brother’s apartment complex. Then one day, a tenant who was being evicted tried to break into his apartment with three of her friends. She tried to intimidate a man who hunted Osama bin Laden with a sword.

He fired a shot at his assailants, but that shot brought the police, who confiscated his weapons and discovered he was a convicted felon. That shot eventually landed Faulkner in jail.

Articles

6 reasons why veterans would gear up and head back to war

As veterans, we’ve all thought about signing back up at one time or another. But what would it take to truly get us back in uniform, to don all that heavy gear and take the fight to the enemy as we’ve always done?


Though we all have to take into consideration all the formations, bull-sh*t we receive from the chain of command — and let’s not forget all those wonderful uniform inspections. Everyone loves those.

With all the crap that comes with serving, many veterans still miss some aspects of military life.

Let’s gear up and go to war! (Images via Giphy)

Check out our reasons why we would gear back up to take on the bad guys.

1. If another major terrorist attack happens

The Sept. 11 attacks stirred up patriotism in millions of Americans, and some joined the military during that period just to get a little revenge.

I represent ‘Merica! (Image via Giphy)

2. For a huge bonus check

Everyone wants to line their pockets with extra beer money.

And a case of beer! (Image via Giphy)

3. If your military family went as well

The military brother and sisterhood have a very tight bond, you f*ck with one brother or sister — you f*ck with whole while family.

You said it girl. (Image via Giphy)

4. If you just couldn’t find a good enough job that suits you

Because office work just didn’t satisfy that inner combat operator in you.

These guys were all former snipers. True story. (Image via Giphy)

5. To feel that combat adrenaline rush again

Shooting and blowing up the bad guys makes an operator feel great about themselves. It’s a morale booster.

He nailed every shot too. He’s that good. (Image via Giphy)

6. To get some adventure

Post-military life is hard to adjust too. Sometimes you just want to leave the homeland and get back into the sh*t.

Can we go with you? (Images via Giphy)To all of our military family already forward deployed — we salute you.

Can you think of any more reasons to throw those cammies back on? Comment below.

MIGHTY CULTURE

5 things NOT to do when you arrive at your first infantry unit

There comes a time in every Marine’s life when they must join the varsity team known as The Fleet. The first few weeks are an exciting time of formations, picking up cigarette buds, and hazing training. The fleet is a Machiavellian jungle of NJPs, promotions, and broken promises that will make you want to deploy at a moment’s notice.

A healthy dose of pessimism is key to survival in your first unit because you’re not in a movie; this is a war machine, and you’re an essential cog. You’re where the metal meets the meat. Keep that motivation, though, you’re going to need it.

Here’s what you should not do when you arrive at your first infantry unit.


Guess who has duty on New Years?

(Terminal Lance)

Boot camp stories are a no-go

The easiest way to annoy everyone around you is to make jokes using a drill instructor’s voice. Do not assume that it will inspire some sense of brotherhood because all Marines go to boot camp. Wrong. Everyone has their own stories, and they will let you know how much easier you had it. The more experienced Marines have been in some serious combat, and, by comparison, you’re just a baby.

No one likes a B.O.O.T. (barely out of training) Marine, and you’re just going to have to accept that. It’s part of the culture; it’s part of maturing into a warfighter, it’s what you signed up for. When you’re alone with your peers, it’s fine to talk about what you went through, but knowing your audience will save you an untold amount of stress in an already stressful work environment.

Don’t say I didn’t warn you, brother.

(Terminal Lance)

Don’t dress like a boot

Marines are proud — it’s on the recruitment poster — that doesn’t mean you should exclusively buy Eagle, Globe, and Anchor t-shirts. Diversify your wardrobe because it’s one of the few things that will allow you to hold onto what some psychologists describe as a “personality.”

You did what!?

(Terminal Lance)

Fix the problem yourself, don’t tattle 

Everyone around you can potentiality be in combat with you, and it’s a lot easier to risk life and limb for someone you like. If the man to your left or your right is doing something wrong, fix them, but do not ever snitch. You will be ostracized, given the worst assignments, and when they’re done with your disloyal carcass, you’ll be pushing papers at headquarters. HQ will also know that you’re a stool pigeon and will continue to treat you accordingly. The stigma has been known to last for years, Marine. One of the Infantry’s cardinal rules is to re-calibrate a misguided Marine’s moral compass through intense physical training but do not ruin their career.

It’s called taking care of your own.

It’s free real estate

Do not get in trouble before your first deployment

Keep your nose just as clean as your inspection uniforms. Every three years, an enlisted Marine will receive a Good Conduct Medal to add to their stack. While it is not necessarily easy to obtain due to barracks parties or dares gone wrong, it is not so taxing that it’s insurmountable. Getting in trouble will hold you back from promotions in a highly competitive MOS. If you don’t want to call that window-licking-moron that came with you from the school of infantry corporal, do not get drunk and embarrass yourself.

And he did all of his MCIs!

(Terminal Lance)

Do not put off doing your MCIs

The Marine Corps Institute is a self-learning platform that adds points to the Marine promotion system known as a cutting score. It offers courses that teach about combat procedures and tactical knowledge of weapon systems. Some are easier than others, and there’s no reason for a fresh Marine to not do them. It will set you apart from your peers in the eyes of the leadership, and it makes the platoon look better on paper.

Every quarter, battalion HQ evaluates the progress each line company is making towards promoting their Marines. A Marine working on his or her MCIs will be spared working parties by their seniors because it is in their best interest as well. Although junior Marines will not witness Staff NCOs and officers brag or trash talk about each other’s platoons, this is another point they can bring up in Command and Staff meetings stating that their platoon should have the honor of leading the assault in training and in combat.