Military Training: The Services Need to Ensure That All Commanders Are Prepared for Their Legal Responsibilities
GAO-21-338
Published: Jul 08, 2021. Publicly Released: Jul 08, 2021.
Fast Facts
U.S. military commanders have a wide range of legal responsibilities. Commanders, for example, have legal authority to discipline personnel under the military system of justice and need to comply with international law and rules of engagement.
They receive legal training throughout their careers. However, we found the relevant military databases did not include all training. Training provider records showed higher participation than service databases.
We also found the timing, amount, and mix of legal training may not meet commanders' needs.
We made 15 recommendations, including better recordkeeping and better assessments of training needs.
Highlights
What GAO Found
Military commanders are entrusted with a variety of responsibilities that can involve understanding, interpreting, or complying with legal requirements. Thus, the military services provide legal training to commanders throughout their careers. GAO found that commanders receive dedicated legal training; other training that includes blocks of legal content; and informal legal training, such as informal briefings or conversations with military legal staff.
While legal training is provided, the services' ability to account for the completion of training varies, as the services' systems of record do not document all legal training that commanders complete. Specifically, for four courses in the Army, Air Force, and Marine Corps, training completion data in the service databases were different from the records maintained by the training providers. For example, GAO found that 26 of 56 fiscal year 2019 Army commanders had taken a required course according to the system of record, while training records outside the system showed that 47 of 56 commanders had taken the course. In addition, for four training courses in the Navy and the Air Force, training completion was tracked using a different system than the training system of record. Tracking all training completion in the official systems of record could help the services ensure that commanders complete their required legal training.
GAO also found, through analyses of the legal training offered and from discussion groups and interviews with commanders and legal support staff, that perspectives varied on the general preparedness of commanders to address legal issues. In addition, GAO found that the timing, amount, and mix of legal training provided to commanders may not be meeting their needs. For example:
Dedicated legal training is generally for mid-level commanders, who may hold multiple command positions before attending the training. Commanders from all four services indicated that they would have benefited from dedicated legal training earlier in their careers.
Commanders of similar grades and legal responsibilities may not receive similar levels of legal training. For example, GAO found that, although course materials for the Army pre-command course for junior commanders were centrally developed, the time spent covering designated legal topics varied substantially by the location where the instruction took place.
Some commanders and legal support staff expressed the view that commanders would benefit from additional legal training.
The Navy has begun taking steps to improve its legal training by expanding its training requirements and curriculum, but it has not formalized these efforts through policies and procedures. The Marine Corps is also taking steps to update its legal training materials, but has not taken actions to require that a comprehensive mix of legal training be provided to commanders throughout their careers. Similarly, the Army and the Air Force conduct surveys and reviews of individual courses, but do not know if the current timing, amount, and mix of legal training is meeting the needs of commanders. Both services would benefit from undertaking a comprehensive assessment of the entire continuum of legal training provided to commanders to determine whether they are being sufficiently prepared to carry out their legal responsibilities.
Why GAO Did This Study
U.S. military commanders are entrusted with a wide range of unique legal responsibilities that are necessary to carry out their missions. As commanders operate in an increasingly complex legal and policy environment, appropriately tailored legal training can help ensure compliance with legal requirements.
House Report 115-676, accompanying a bill for the John S. McCain National Defense Authorization Act for Fiscal Year 2019, included a provision that GAO review the legal training commanders receive. This GAO report, examines, among other things, the extent to which the services: (1) provide legal training to commanders and account for the training received; and (2) assess legal training provided to commanders to determine whether it meets commanders' needs. GAO analyzed training and personnel documents and data from the services, interviewed agency officials, and conducted discussion groups and interviews with commanders and legal support staff from each service.
Recommendations
GAO is making 15 recommendations, including that the services identify and address issues with training completion data; the Navy formalize its actions to expand its training; the Marine Corps require a mix of legal training; and the Army and the Air Force assess the continuum of legal training provided to commanders. The Department of Defense generally agreed with the recommendations, and described actions planned or completed for many of the recommendations, as discussed in the report.
Recommendations for Executive Action
| Agency Affected | Recommendation | Status |
|---|---|---|
| Department of the Army | The Secretary of the Army should determine the reasons that the training completion data for ASEP-B in the system of record differs from the records maintained by the course providers; assess the underlying data issues that prevent an accurate assessment of SOLO completion rates using only data from the system of record; and take steps to address those issues to ensure that training completion data are comprehensively and accurately collected and documented in the designated system of record. (Recommendation 1) |
Open
DOD concurred with this recommendation. As of August 2021, Army officials stated that the Army Human Resource Command would generate an accurate list of Army command positions, and the Army would ensure that policies accurately reflect required legal training for command. In addition, they said that the Army would ensure that attendance at specified command preparation courses that contain legal content is properly recorded in the system of records, the Army Training Resources and Requirements System. Finally, they stated that the Army would develop a systematic method to cross-check a representative sample of the training records of those in command with required legal training to ensure attendance is being enforced. The officials estimated that these actions would be completed by March 31, 2022. GAO followed up with DOD in June 2022, May 2023, and August 2023, but had not received an update as of September 2023. To fully implement GAO's recommendation, the Army needs to determine the reasons for the discrepancies in the course completion data in the system of record versus the course provider's records, address any issues identified to ensure the system of record includes complete and accurate information, and provide documentation of the actions taken.
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| Department of the Navy | The Secretary of the Navy should direct training providers to use a system of record to track legal training courses such as New Flag and Senior Executive Training Symposium and the Command Leadership Seminar to ensure that training completion data are comprehensively and accurately collected and documented. (Recommendation 2) |
Open – Partially Addressed
DOD concurred with this recommendation. In March 2023, the Navy provided documentation that demonstrated that the Command Leadership Seminar was now being tracked in the Navy's Corporate enterprise Training Activity Resource System (CeTARS), the Navy's training system of record. GAO followed up with DOD in March, May, and August 2023 to determine if similar actions had been taken for the New Flag and Senior Executive Training Symposium, but has not received an update as of September 2023. To fully implement GAO's recommendation, the Navy needs to provide documentation showing that completion of the New Flag and Senior Executive Training Symposium is now being tracked in a system of record.
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| Department of the Navy | The Secretary of the Navy should determine the reasons that the training completion data for the Marine Corps Brigadier General Select Orientation Course in the data warehouse differs from the records maintained by the course provider, and take steps to address those issues to ensure that training completion data are comprehensively and accurately collected and documented in the designated system of record. (Recommendation 3) |
Closed – Implemented
DOD concurred with this recommendation. To address this recommendation, Marine Corps officials stated that its Education Command assumed cognizance of the Brigadier General Select Orientation Course in April 2021. The officials said that Education Command has coordinated to ensure course attendees' completion data is reflected in their Marine Corps Total Force System personnel file. Additionally, the officials said that in coordination with Training and Education Command,, the Brigadier General Select Orientation Course has been added to the Marine Corps Training Information Management System to provide additional training completion records. In April 2023, the Marine Corps provided documentation showing that Education Command staff were responsible for submitting course completion rosters and ensuring that completion codes were appropriately annotated in the Marine Corps Training Information Management System. By recording completion of the Brigadier General Select Orientation Course in a system of record, the Marine Corps will be better able to ensure that commanders are completing all required legal training.
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| Department of the Air Force | The Secretary of the Air Force should determine the reasons that the training completion data for SOLO and the Senior Leader Orientation Course in the system of record differs from the records maintained by the course providers and take steps to address those issues to ensure that training completion data are comprehensively and accurately collected and documented in the designated system of record. (Recommendation 4) |
Open
DOD concurred with this recommendation. As of August 2021, Air Force officials stated that in order to ensure Air Force Judge Advocate General's School (AFJAGS) maintains the most up-to-date and accurate attendance list, AFJAGS will conduct a final cross-reference and review of the roster immediately after the conclusion of the course, to ensure it matches the Colonel's Group list. AFJAGS will include this step in the course director checklist. The officials estimated that these actions would be completed in February 2022. GAO followed up with DOD in June 2022, May 2023, and August 2023, but had not received an update as of September 2023. To fully implement GAO's recommendation, the Air Force needs to determine the reasons for the discrepancies in the course completion data in the system of record versus the course provider's records, address any issues identified to ensure the system of record includes complete and accurate information, and provide documentation of the actions taken.
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| Department of the Army | The Secretary of the Army should ensure The Judge Advocate General's Legal Center and School establishes and implements guidance for conducting Level 3 surveys of dedicated legal training on a continual basis. (Recommendation 5) |
Open
DOD concurred with this recommendation. As of August 2021, Army officials stated that The Judge Advocate General's Legal Center and School is in the process of incorporating the requirement for a Kirkpatrick Level III survey for all attendees of the Senior Officer Legal Orientation into policy documents and is developing methods to improve the response rate among survey recipients. The officials estimated that these actions would be completed in March 2022. GAO followed up with DOD in June 2022, May 2023, and August 2023, but had not received an update as of September 2023. To fully implement GAO's recommendation, the Army needs to issue guidance that includes the requirement for conducting Level 3 surveys of the Senior Officer Legal Orientation, and details about implementation of this requirement.
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| Department of the Navy | The Secretary of the Navy should ensure the Naval Justice School establishes and implements guidance for conducting Level 3 surveys of dedicated legal training on a continual basis. (Recommendation 6) |
Open
DOD concurred with this recommendation. In September 2021, Navy officials said that they expected to establish and implement guidance for conducting Level 3 surveys by October 2023. GAO followed up with DOD in June 2022, May 2023, and August 2023, but had not received an update as of September 2023. To fully implement GAO's recommendation, the Navy needs to issue guidance that includes the requirement for conducting Level 3 surveys of their dedicated legal training and provides details about implementation of this requirement.
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| Department of the Air Force | The Secretary of the Air Force should ensure The Air Force Judge Advocate General's School establishes and implements guidance for conducting Level 3 surveys of dedicated legal training on a continual basis. (Recommendation 7) |
Open
DOD concurred with this recommendation. As of August 2021, Air Force officials stated that in order to ensure Air Force Judge Advocate General's School (AFJAGS) will establish and implement guidance for conducting Level 3 surveys of dedicated commander legal training on a continual basis. They stated that AFJAGS's guidance will require annual Level 3 evaluations conducted through two approaches: focus groups and electronic surveys. The officials estimated that these actions would be completed in June 2022. GAO followed up with DOD in June 2022, May 2023, and August 2023, but had not received an update as of September 2023. To fully implement GAO's recommendation, the Air Force needs to issue guidance that includes the requirement for conducting Level 3 surveys of their dedicated legal training and provides details about implementation of this requirement.
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| Department of the Army | The Secretary of the Army should examine the need and feasibility of conducting Level 3 surveys or other higher-level techniques for assessing training for training with blocks of legal content that would allow for commanders to provide feedback about the course some period of time after assuming command. (Recommendation 8) |
Open
DOD concurred with this recommendation. As of August 2021, Army officials stated that The School for Command Preparation will incorporate questions on legal content into appropriate Kirkpatrick Level III surveys for the battalion and brigade pre-command courses. In addition, they said that The Judge Advocate General will examine the possibility of conducting focus groups of commanders at local installations to discuss the effectiveness of legal instruction prior to command. The officials estimated that these actions would be completed in March 2022. GAO followed up with DOD in June 2022, May 2023, and August 2023, but had not received an update as of September 2023. To fully implement GAO's recommendation, the Army needs to determine the need and feasibility of using Level 3 surveys or other assessment techniques such as focus groups to obtain feedback about its training with blocks of legal content (courses such as the battalion and brigade precommand courses), and provide documentation of the actions taken.
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| Department of the Navy | The Secretary of the Navy should examine the need and feasibility of conducting Level 3 surveys or other higher-level techniques for assessing Navy training for training with blocks of legal content that would allow for commanders to provide feedback about the course some period of time after assuming command. (Recommendation 9) |
Closed – Implemented
DOD concurred with this recommendation. In September 2021, Navy officials said that they expected to establish and implement guidance for conducting Level 3 surveys in October 2023. In April 2023, Navy officials provided the results of their consideration, and said that they do not implement these surveys to minimize the administrative burden on fleet operational units. The officials stated that they are pursuing training feedback through other means, such as post-deployment working groups and conference calls. In sharing the results of their consideration of implementing Level 3 surveys, the Navy demonstrated that they addressed our recommendation. Further, by using alternate approaches to obtain feedback about legal training, the Navy may be able to help ensure that commanders are better positioned to carry out their legal responsibilities.
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| Department of the Navy | The Secretary of the Navy should examine the need and feasibility of conducting Level 3 surveys or other higher-level techniques for assessing training for Marine Corps training with blocks of legal content that would allow for commanders to provide feedback about the course some period of time after assuming command. (Recommendation 10) |
Open
DOD concurred with this recommendation. As of August 2021, Marine Corps officials stated that Education Command will examine the need for and feasibility of conducting Level 3 surveys or other higher-level techniques for assessing training for training with blocks of legal content that would allow commanders to provide feedback about the course some period after assuming command. They noted that the Vice President for Academic Affairs at Marine Corps University is already investigating the implementation of additional survey tools at the Commandant's Commanders Course (also known as Cornerstone) to better capture feedback and will be prepared to provide findings and corrective actions taken. The officials estimated that these actions would be completed in June 2022. GAO followed up with DOD in June 2022, May 2023, and August 2023, but had not received an update as of September 2023. To fully implement GAO's recommendation, the Marine Corps needs to determine the need and feasibility of using Level 3 surveys or other assessment techniques to obtain feedback about its training with blocks of legal content (courses such as Cornerstone), and provide documentation of the actions taken.
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| Department of the Air Force | The Secretary of the Air Force should examine the need and feasibility of conducting Level 3 surveys or other higher-level techniques for assessing training for training with blocks of legal content that would allow for commanders to provide feedback about the course some period of time after assuming command. (Recommendation 11) |
Open
DOD concurred with this recommendation. As of August 2021, Air Force officials stated that the Air Force Judge Advocate General's School (AFJAGS) will establish and implement guidance for conducting Level 3 surveys on a continual basis. They stated that AFJAGS's guidance will require annual Level 3 evaluations conducted through two approaches: focus groups and electronic surveys. The officials estimated that these actions would be completed in June 2022. GAO followed up with DOD in June 2022, May 2023, and August 2023, but had not received an update as of September 2023. To fully implement GAO's recommendation, the Air Force needs to determine the need and feasibility of using Level 3 surveys or other assessment techniques to obtain feedback about its training with blocks of legal content (courses provided through the Major Commands, such as the Air Combat Command Squadron Commanders Course, Air Education and Training Command Senior Leaders Conference, Air Force Materiel Command Squadron Leader Orientation, among others), and provide documentation of the actions taken.
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| Department of the Navy | The Secretary of the Navy should develop policies and procedures that formalize the Navy's implementation of the legal course for junior officers and the intermediate legal course for O-4 and senior O-3 grade officers and ensure the courses are provided to all officers. (Recommendation 12) |
Open – Partially Addressed
DOD concurred with this recommendation. In August 2021, the Navy issued guidance that established a formal, milestone-based, Navy legal training continuum requirement for all officers in article 1301-907 of the Naval Military Personnel Manual (MILPERSMAN). The guidance provides that the legal training continuum provides milestone-based legal training with courses at the junior officer, intermediate leader, and senior leader milestones. As relevant to this recommendation, the guidance establishes legal training requirements that include the following: (1) all prospective commanding officers are required to attend the Naval Justice School's Senior Leader Legal Course; (2) the Naval Justice School shall offer a milestone online legal training course for junior officers or division officer equivalents to be implemented in training pipelines; and (3) an in-person half-day legal course for department head or equivalents to be implemented in training pipelines. Navy officials said that the online legal training course was available online in August 2021. As of April 2023, Navy officials expect the half-day legal course for all senior O-3s and O-4s to be available in October 2023, although they said that execution will be contingent upon sufficient manning. The officials stated that manpower was requested for fiscal year 2023, but was deferred for reconsideration in fiscal year 2024. As of September 2023, GAO had not received an update regarding the extent that the course would be available in October 2024. To fully implement GAO's recommendation, the Navy needs to implement the intermediate legal course for O-4 and senior O-3 grade officers and provide documentation of the actions taken to do this.
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| Department of the Navy | The Secretary of the Navy should require a comprehensive mix of legal training to be provided to all Marine Corps commanders throughout their careers. (Recommendation 13) |
Open
DOD concurred with this recommendation. As of August 2021, Marine Corps officials stated that Training and Education Command and Education Command, on behalf of the Commandant, will conduct a comprehensive review of legal training that is provided to all Marine Corps commanders, officers, and senior NCOs throughout their careers. The officials estimated that these actions would be completed in June 2022. GAO followed up with DOD in June 2022, May 2023, and August 2023, but had not received an update as of September 2023. To fully implement GAO's recommendation, the Marine Corps needs to review the legal training that is provided to all Marine Corps commanders throughout their careers; identify the appropriate timing, amount, and mix of legal training that Marine Corps commanders should receive; issue guidance that describes the requirements for the legal training that it determined that commanders should receive; and provide documentation of the actions taken to do this.
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| Department of the Army | The Secretary of the Army should comprehensively assess the entire continuum of legal training provided to commanders throughout their careers to help ensure that they are receiving legal training at the time, in the amount, and on the mix of topics needed to prepare them for the legal responsibilities of their positions. (Recommendation 14) |
Open
DOD partially concurred with this recommendation, but its proposed actions in response meet the intent of our recommendation. As of August 2021, Army officials stated that Training and Doctrine Command (TRADOC), supported by The Judge Advocate General's Legal Center and School, will compile a summary of all legal instruction provided in Professional Military Education courses and required command preparation courses. The Judge Advocate General (TJAG) will evaluate the timing, amount, and mix of topics to determine their appropriateness to the legal responsibilities of the level of command. TJAG will assist TRADOC to make appropriate updates to ensure the right topics are taught in the right amounts and that topics are taught consistently across all offerings of similar courses. The officials estimated that these actions would be completed in July 2022, to be implemented in fiscal year 2023. GAO followed up with DOD in June 2022, May 2023, and August 2023, but had not received an update as of September 2023. To fully implement GAO's recommendation, the Army needs to review the legal training that is provided to all Army commanders throughout their careers; identify the appropriate timing, amount, and mix of legal training that Army commanders should receive; and take steps to implement the legal training that was determined that commanders should receive; and provide documentation of the actions taken to do this.
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| Department of the Air Force | The Secretary of the Air Force should comprehensively assess the entire continuum of legal training provided to commanders throughout their careers to help ensure that they are receiving legal training at the time, in the amount, and on the mix of topics needed to prepare them for the legal responsibilities of their positions. (Recommendation 15) |
Open
DOD concurred with this recommendation. As of April 2023, Air Force officials stated that they have developed an Air Force-wide mechanism to track and assess the informal and formal legal education and training provided to commanders. The officials said that as of January 2023, they standardized and centralized statutorily required commander legal training. This training is available in the Air Force's myLearning training platform, and includes courses on the uniform code of military justice and commanders' roles in sexual assault cases. In addition, Air Force officials said that they developed a second training delivery mechanism in Microsoft Teams that identifies required training and allows commanders to independently access training modules. The mechanism in Teams also has channels that can be used to submit training feedback, and where legal offices can report training completion. As of September 2023, GAO had not received an update regarding the extent that these mechanisms were part of an assessment of the continuum of legal training provided to commanders. While these steps will help improve the Air Force's deployment and monitoring of legal training for commanders, to fully implement GAO's recommendation, the Air Force needs to demonstrate that they have reviewed the legal training that is provided to all Air Force commanders throughout their careers and identified the appropriate timing, amount, and mix of legal training that Air Force commanders should receive, and provide documentation of the actions taken to do this.
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