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August 29, 2003
Officers broke federal law frocking brigadier general
By Gordon Lubold
Times staff writer
Marine Corps Commandant Gen. Mike Hagee and other senior officers violated federal laws last year by allowing a Reserve colonel to be frocked to brigadier general before the colonel’s selection was confirmed by the U.S. Senate.
But while Hagee played a role in disregarding the rules governing frockings, Acting Navy Secretary Hansford T. Johnson noted Hagee’s “limited involvement” with Col. Craig T. Boddington’s frocking and expressed confidence in him as commandant, Marine officials said.
Boddington was selected for brigadier general in April 2001 and was awaiting confirmation from the Senate, which votes on confirmation lists each year. But when Boddington was assigned to a joint command billet in Kuwait a year later, his boss, Marine Forces Pacific commander Lt. Gen. Earl Hailston, frocked him as a one-star general, assuming the confirmation was forthcoming, according to a Defense Department inspector general’s report dated Aug. 1.
Hailston learned a few weeks later that the confirmation for Boddington would be delayed by more than a year, but did not remove Boddington’s star. The reason for the confirmation delay was not immediately available.
An anonymous tip led the inspector general’s office to initiate a nine-month investigation in December 2002. Marine Corps public affairs officials in Washington released the investigation report after an inquiry by Marine Corps Times.
The investigation found that Hailston and Hagee, then commander of I Marine Expeditionary Force at Camp Pendleton, Calif., erred when Hailston frocked the colonel for his assignment as commander of Combined Joint Task Force Consequence Management at Camp Doha, Kuwait.
“We concluded that Generals Hagee and Hailston and Colonel Boddington violated, or caused a violation of, the standards that govern frocking of officers and wearing of the insignia of a higher grade,” the investigation report states.
“In that regard, all three officers knew Colonel Boddington was ineligible to be frocked or to wear the rank insignia of brigadier general without Senate confirmation and yet, engaged in conduct that facilitated Lieutenant General Hailston’s improper frocking of Colonel Boddington.”
While Johnson expressed confidence in Hagee after reviewing the report, the secretary opted to formally censure Hailston, who is retiring this year. Letters of censure typically state why the recipient’s actions were wrong and can be considered punishment in and of themselves. Boddington did not receive a letter of censure but was “counseled” on the matter.
Service members who are selected for promotion can be frocked in advance of their formal promotion. This allows them to wear the rank insignia of their new grade, but they are not given the higher pay, allowances or entitlements of that new paygrade until formally promoted. Frocking affords a new commander added respect or credibility in his new job.
But by federal law, general and flag officers cannot be frocked until after the Senate has confirmed their selection.
Hailston decided to frock Boddington because the three-star believed it was important Boddington arrive in at the new job as a one-star general, the report concluded. Hailston said in the report he accepts full responsibility in the matter.
As I MEF commander, Hagee had relayed Hailston’s decision to Boddington, telling him to report for duty in the new job wearing the higher rank.
When Boddington questioned the order, Hagee reassured him.
“It’ll be all right,” Boddington recalled Hagee telling him, according to the report. “You’ll be confirmed in a few days, so just go ahead and do it.”
Boddington said: “Aye, aye, sir.”
The subsequent investigation forced Boddington to relinquish his command in Kuwait. He returned to Camp Pendleton, Calif., wearing the rank of colonel and was deactivated. It remains unclear if Boddington will be renominated for promotion to brigadier general. When the Senate fails to act on a selection for whatever reason, that list is returned to the military agency, which then must resubmit those names for confirmation again another time.
According to the report, Hagee regretted the role he played in the improper frocking and said he should have questioned the order from above.
“I felt bad for the Marine Corps, that we had put the Marine Corps in such a position,” Hagee said.
The investigation points up the Marine Corps’ ongoing difficulties in one- and two-star general officer promotions. Delays can occur either because of the failure of the Senate to make the confirmation, or because too few Marines at higher ranks choose to retire.
In 2001, colonels and brigadier generals waited between 11 and 22 months to be promoted. The year before, the wait was between four and 24 months, according to Marine officials
------------------------------------------------------------ Albert Einstein defined insanity as doing the same thing repeatedly and expecting different results. ------------------------------------------ 
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Masters of Hard Knocks from the University of Gravity
 
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My God, it took the Marine IG 9 months to figure this one out. It seems rather black and white to me. The law says you can't frock until confirmed. He was not confirmed. He should not have been frocked.
"Si Vis Pacum Para Bellum"
If you want peace prepare for war!
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