©2015 Project On Government Oversight ISSN # 0195-6450 • Volume XLIV, Number 5 • October-December 2015 THE DEFENSE MONITOR PROJECT ON GOVERNMENT OVERSIGHT

L to R: Lt. Col. Daniel L. Davis, Maj. Donald E. Vandergriff, Col. Gary I. Wilson, Lt. Col. Tony Carr, Col. Michael D. Wyly Announcing the CDI Military Advisory Board BY MANDY SMITHBERGER In September, CDI announced the creation of a Military Advisory Board. This is the most recent POGO undertaking to continue CDI’s legacy of challenging the military-industrial-congressional complex and providing the public with the information it needs about how tax dollars are so often misused in the name of national security. My first introduction to the mili- important it was to reform the sys- V-22 Ospreys, which weren’t being tary-industrial-congressional com- tem and how our spending was deployed in battle.4 plex was the F-22 program. As an almost totally disconnected from the Most people who enter public ser- intern at POGO, I helped our national needs of our troops on the ground. vice, both in the military and civilian security investigator at the time, Todd For those who don’t know him, as sectors, want to make this country a Bowers, on a report on the decision to a Marine, he was nearly commit taxpayers to a three-year pro- killed when a sniper round The requests of defense industry duction contract for the F-22.1 Test- was deflected by his scope. lobbyists are prioritized over the ing was far from complete, and all of His father had personally real needs of those in combat. the independent analysts agreed this bought and shipped that Politicians, their staff, and the public was a bad decision—except for one, scope to him, since the mili- need to hear more voices that the Institute for Defense Analyses. tary wasn’t buying that nec- put this gross perversion of our While investigating why they came essary equipment for the democratic system into perspective. to a different conclusion, I found troops.3 Years later, under- that the president, Dennis Blair, was equipping troops was still a problem. better place. Far too often, though, also the president of a subcontractor While at POGO, Todd discovered they lose this purpose, or give up for the program. As a result, Dennis that Congress was cutting funds for to the entropy of a bureaucracy that Blair was soon out of a job both at the night vision goggles and other equip- doesn’t want to change its ways. contractor and at IDA.2 ment needed by the troops in the Those few who are still fighting for I first learned from Todd how field in order to fund earmarks for reforms need support from outsid- PROJECT ON GOVERNMENT OVERSIGHT A NOTE ABOUT THE MILITARY ADVISORY BOARD FROM FORMER CDI PRESIDENT ADMIRAL GENE LAROCQUE STAFF Danielle Brian, Executive Director Scott Amey, General Counsel The following prepared speech from Admiral Gene LaRocque was delivered by Lydia Dennett, Investigator his granddaughter, Sarah Grace Fitzsimmons, at the CDI event announcing the Danni Downing, Editor & CTP Director Abby Evans, Donor Relations Manager creation of the Military Advisory Board. Ned Feder, M.D., Staff Scientist Leslie Garvey, Digital Media Manager Iulia Gheorghiu, Beth Daley Fellow From the earliest days of the Center for Defense Information, the pri- Neil Gordon, Investigator mary focus was on three goals: Dan Grazier, Jack Shanahan Fellow Liz Hempowicz, Public Policy Associate Number One: Avert a nuclear war with the Soviet Union. David Hilzenrath, Editor-in-Chief Number Two: To end the Vietnam War. Lynn Mandell, Finance Manager Jacob Marx, Researcher And Number Three: To monitor the sought and unsought influence of Johanna Mingos, Data Specialist the military-industrial complex. Sean Moulton, Open Government Program Manager Obviously, the Vietnam War ended and we no longer have to worry Joe Newman, Director of about a nuclear war with the Soviet Union. But, the sought or unsought Communications influence that Eisenhower warned about is growing in power. I am very Chris Pabon, Director of Development Nick Pacifico, Investigator pleased to learn that the Center for Defense Information is making efforts Justin Rood, Congressional Oversight to counter this growing influence. Initiative Director Keith Rutter, COO & CFO It is understandable that candidates for office would like to create jobs in Pam Rutter, Web Manager their districts. But the military-industrial complex is not designed to create Mandy Smithberger, Director of the CDI Straus Military Reform Project jobs. It is simply to defend the . We have many opportunities Mia Steinle, Investigator to create jobs here in America by focusing our efforts in pursuing peaceful Adam Zagorin, Journalist-in-Residence Spencer Brignac, Intern and nonmilitary goals. I am very pleased that CDI is undertaking efforts to Daniel Van Schooten, Intern counter the military-industrial complex. The Center for Defense Information deserves our support in this effort CDI MILITARY ADVISORY BOARD and I personally will do everything I can to assist the leadership of CDI in Lt. Col. Tony Carr, USAF (Ret.) Lt. Col. Daniel L. Davis, USA (Ret.) this endeavor. Maj. Donald E. Vandergriff, USA (Ret.) Col. Gary I. Wilson, USMC (Ret.) Col. Michael D. Wyly, USMC (Ret.) ers like CDI to be effective. Working ability, national defense and inter- BOARD OF DIRECTORS on Capitol Hill, I regularly saw how national law. He is the editor of the David Hunter, Chair Lisa Baumgartner Bonds, Vice Chair the requests of defense industry lob- National Security Journal. His work can Dina Rasor, Treasurer byists were prioritized over the real be found at www.jqpublicblog.com. Ryan Alexander Henry Banta needs of those in combat. Politicians, David Burnham their staff, and the public need to Lt. Col. Daniel L. Davis, USA Andrew Cockburn (Ret.) Michael Cavallo hear more voices that put this gross , has worked on defense, for- Mickey Edwards perversion of our democratic system eign affairs, and social issues, and Janine Jaquet into perspective. has been published in The New York Debra Katz Nithi Vivatrat CDI’s new Military Advisory Times, Financial Times, CNN, The Anne Zill Board will provide additional voices Guardian, U.S. News & World Report, Morton Mintz, Emeritus to act as the conscience for national and other publications. He was also security policymakers. We are hon- the recipient of the 2012 Ridenhour Newsletter design for POGO by: Dropcap Design ored to have the following retired Prize for Truth-Telling. 202.680.2020 • [email protected] military officers join our efforts: Maj. Donald E. Vandergriff, USA © Copyright by the Project On Lt. Col. Tony Carr, USAF (Ret.), is (Ret.), is widely respected for his Government Oversight. POGO encourages quotation and reprinting of a reform advocate, and third-year stu- research and expertise on the mili- any of the material, provided POGO is dent at Harvard Law School, where tary’s outdated personnel system. credited. POGO requests a copy of such use. he focuses on government account- He has CONTINUED ON PAGE 7 Treatment of War Hero Reveals Broken Military Whistleblower Protection System BY DANIELLE BRIAN AND MANDY SMITHBERGER Lieutenant Colonel Jason Amerine earned a bronze star and for Hunter and Hunter’s Chief of Staff, his heroic actions during an firefight, a battle that was immortal- Joe Kasper. ized in a best-selling book. He’s a Green Beret who was a guest of President At first we tried to bring the Army George W. Bush at a State of the Union Address. He taught at West Point and bureaucracy to its senses behind the even inspired the Army to create an action figure in his likeness. scenes, asking them to reconsider The word hero gets thrown enhance congressional oversight their decision to investigate Amer- around a lot and is probably over- were failing him. What we didn’t ine for making protected disclosures used, but there’s not much debate know at the time was this was just to Congress. Representative Jackie when it comes to Amerine’s deco- the beginning of what would become Speier (D-CA), the Ranking Member rated Army career. a many months-long ordeal that of the House Armed Services’ Over- None of that, however, seemed to would get much, much worse before sight and Investigations subcommit- matter in September when Amerine it got better. tee, co-signed a letter with Hunter to was told to report to Army Criminal the Army challenging this improper Investigation Command. There were Working behind the scenes interference with a member of the no official charges against him but When Amerine came to us for help, military’s right to speak to Congress that didn’t stop the Army from trying we were vaguely aware of his storied and urging the Army to cease its to humiliate him by taking his mug career. We knew there was a book retaliatory investigation. Their pleas shot, fingerprints, and DNA in order about his experiences as a warrior, were largely ignored. to list him in a criminal database. but we decided we had better not The House Armed Services com- His alleged crime? He had spoken read it—we needed to be able to tell mittee had also interviewed Amerine to a Member of Congress about the him what to do to focus on the battles about the hostage recovery mess, but U.S. government’s broken and dys- ahead here in Washington, and that they were not moved to protect their functional hostage recovery process. would have been a lot harder if we right to access information—or their It was a textbook example of retal- were treating him as the war hero he sources—so they decided not to try iation against someone who had spo- is. to help stop the investigation. ken the truth and, in doing so, had We partnered with his origi- We turned next to the Senate. embarrassed government officials. nal and dogged ally Representative We met Amerine in February Help from Senator Grassley when he was already under inves- Senator Charles Grassley (R-IA), tigation for having talked to Repre- Chairman of the Senate Judiciary sentative Duncan Hunter (R-CA). He Committee, has been a dogged pro- wanted to expose and correct the ulti- tector of whistleblowers for his whole mately fatal bureaucratic infighting congressional career. When Amer- over hostage recovery between the ine explained his case to Grassley’s FBI, Army, Department of Defense, staff, they immediately understood State Department, and CIA. He was what was going on and offered to still active duty, but his security help, asking Amerine to write a letter clearance had been suspended, he to the Senator asking for assistance. had been stripped of his duties, and Little did we know this second pro- he was forced to spend mind-numb- tected communication would become ing hours doing nothing all day. the subject of a separate retaliatory It was clear the systems set up Jason Amerine, after getting finger- investigation by the Army. printed.

PHOTO COURTESY OF JASON AMERINE to both protect whistleblowers and Amerine’s retirement orders were

www.pogo.org 3 deleted—our first sign that this had supposed to act as a safeguard for Victory turned into a criminal investiga- whistleblowers, we were pessimistic It took Amerine assembling his “last tion. Representative Hunter was able that they would actually help in Am- guerrilla army” of Congressional to determine how this had started: erine’s case. A POGO investigation supporters, POGO, lawyers at Katz, when the FBI had learned that Amer- had previously found the DoD IG re- Marshall and Banks, and a few coura- ine was speaking to Congress, they fused to release investigative reports geous military officers acting behind decided Amerine “needed to get that would embarrass high-level offi- the scenes to turn it all around. We back into his lane.” They started a cials,1 and whistleblowers within the all pulled so many levers we’re still whisper campaign suggesting that DoD IG’s own office allege that the not sure what worked. But only a Amerine was improperly disclosing office watered down and changed -in few weeks after Amerine was “pro- classified information, triggering an vestigative findings to avoid political cessed” as a criminal suspect, we all Army Criminal Investigation Com- controversy.2 We also worried about gathered together in a private cere- mand investigation. His pay was their basic competence and capacity mony as he was awarded the presti- temporarily suspended. to do the work. An internal review gious medal for his In June, Chairman Ron Johnson of the DoD IG’s investigation of mil- military service, reserved for “excep- (R-WI) invited Amerine to testify at a itary reprisal cases found gross mis- tionally meritorious conduct in the Senate Homeland Security and Gov- handling of the cases, with its own performance of outstanding services ernmental Affairs Committee hear- investigators disputing the dismiss- and achievements.”4 ing about weaknesses in whistle- al of more than half of the cases it While that battle is over, the war is blower protections—in Amerine’s reviewed.3 not. What if a less-celebrated military case, the utter failure of military This time the DoD IG’s failure service member had spoken to Con- whistleblower laws. It almost didn’t was spectacular, and the story shift- gress about wrongdoing? Would we happen. In the days before Amerine ed from the bizarre into the absurd. have seen the same resolution? was scheduled to testify, the Army Despite evidence that the Army’s in- Our military whistleblower pro- yet again tried to interfere and nearly vestigation into Amerine was retalia- tections have fundamentally failed: convinced some committee staff that tory, and therefore illegal, the flaccid we have a DoD IG that is at best a he should not be allowed to testify, DoD OIG yet again failed to do their lapdog for the military services, and creating the specter that his testi- job in protecting a whistleblower. at worst a henchman for vindictive mony would compromise classified To make matters even worse, the bureaucracies. The whisper cam- information. DoD IG provided a summary of their paign from the FBI almost succeeded Incredibly, the Afghanistan war investigation into the Amerine case— in destroying a hero’s life. We need hero was now being targeted by concluding that he had not been re- to completely clear Amerine’s name, bureaucracies back in DC. “Worst taliated against—to the Army, which and we must fix the laws that apply for me is that the cadets I taught at promptly leaked it to The Washington to military whistleblowers so that West Point, now officers rising in the Post. Yet, the IG refused to provide they actually work. ranks, are reaching out to me to see the report to any Congressional of- Oh, and yes, now we will read if I’m OK,” he told the Senate. “I fear fice that requested it, even to staff that book. n for their safety when they go to war, who had the specific clearances and and now they fear for my safety in privacy waivers required to receive it. 1. Project On Government Oversight, “Unre- Washington.” Every system was broken. leased: Probe Finds CIA Honcho Disclosed Top Secret Info to Hollywood,” June 4, 2013. When September came and Amer- 2. Marisa Taylor, “Possible Pentagon destruc- DoD Inspector General = FAIL ine found himself fingerprinted, we tion of evidence in NSA leak case probed,” Amerine had earlier filed a complaint couldn’t help but ask ourselves, will McClatchy DC, June 15, 2015. 3. Project On Government Oversight, “Inter- with the Department of Defense In- this stop at a court-martial? Could he nal Review Shows Gross Mishandling of spector General (DoD IG) alleging end up in jail? Military Whistleblower Reprisal Investi- gations,” May 7, 2012; R. Jeffrey Smith and retaliation for his communications The hero was now being treated as Aaron Mehta, “Pentagon failed to protect with Congress. We filed an expedit- a criminal. The white-hot hatred with whistleblowers,” The Center for Public ed Freedom of Information Act re- which institutions attack whistleblow- Integrity, May 5, 2012. 4. U.S. Army Clothing and Heraldry PSID, “U.S. quest to the DoD IG for their inves- ers spares no one—and now it turned Army Service, Campaign Medals and For- tigative report. Even though they are toward Amerine, the war hero. eign Awards Information: Legion Of Merit.”

4 The Defense Monitor | October-December 2015 Pentagon Testing Office Calls Foul on F-35B “Operational Test”

BY DAN GRAZIER AND MANDY SMITHBERGER

his July the Marine Corps only would this kind of replacement be Combat requires declared its variant of the F-35 impractical, it would likely be impossible. a readiness rate of combat ready after conduct- ing operational tests from the Unrealistic Tests deck of the USS Wasp.1 Initial DOT&E offered a laundry list of artificial press reports about the air- advantages present in the demonstration: craft’s performance heralded the success of 80 • A relatively empty flight deck, PERCENT the tests as a rebuttal to the program’s crit- without over 20 additional aircraft that ics.T2 But a complete copy of a recent memo make up the rest of the Air Combat Ele- from the Director of Operational Test and F-35 struggled to ment (ACE). DOT&E notes that there are Evaluation (DOT&E)—obtained by the Proj- maintain readiness at “additional complications that the pres- ect On Government Oversight through the ence of the other aircraft and personnel Freedom of Information Act—reveals that a from the ACE would inject into the F-35B number of maintenance and reliability prob- operations and maintenance.”6 lems “are likely to present significant near- • The absence of key combat mis- term challenges for the Marine Corps.”3 50 sion systems, since they were either not PERCENT The Marine Corps named this demon- installed or not cleared for use. Specifi- stration “Operational Test One,” but it turns cally, the nose apertures for the infrared out it wasn’t actually an operational test, Distributed Aperture System, which pro- “in either a formal or an informal sense of the term.” To vides missile launch warning and situational aware- count as an operational test, conditions should closely ness to pilots, were not installed. Night vision camera match realistic combat conditions. But DOT&E found the use was restricted to elevations above 5,000 feet. And demonstration “did not—and could not—demonstrate only limited radar modes were available for some of that Block 2B F-35B is operationally effective or suitable the Block 2B aircraft. Critical warfighting systems for use in any type of limited combat operation, or that it like these cannot operate without advanced software was ready for real-world operational deployments.”4 which was unavailable at the time of the demonstra- The details buried inside the report’s annexes also tion. If these systems had been available, they would show just how much trouble the crew faced in attempting likely have added additional maintenance burdens.7 to keep the F-35s selected for the demonstration flight- • For the software that was installed, DOT&E noted worthy. Before the demonstration even began the Marine that degradations that would have to be addressed in Corps had to swap out one F-35B with another “due to a combat “were often ignored during this event, as long fuel system fault that would have been impractical to fix as the aircraft were able to safely conduct the event’s at sea given the maintenance workload.”5 In combat, not limited training objectives.”8 This meant that in some

1. Aaron Mehta, “Marines Declare F-35B Demonstration on USS Wasp,” July 22, 2015, Time Soon,” Straus Military Reform Project, Operational,” Defense News, July 31, 2015. p. 3. (Hereinafter DOT&E Report) March 12, 2015. 2. Christian Davenport, “The Marines say the 4. DOT&E Report, p. 1. 8. DOT&E Report, p. 2. controversial F-35 fighter is now ready for 5. DOT&E Report, p. 1. 9. Dave Majumdar, “New U.S. Stealth Jet Can’t combat. Now what?” The Washington Post, 6. DOT&E Report, p. 1. Fire Its Gun Until 2019,” Daily Beast, Decem- July 31, 2015. ber 31, 2014. 3. Director of Operational Test and Evaluation, 7. Mandy Smithberger, “DOT&E Report: The “Observations on the Marine Corps F-35B F-35 Is Not Ready for IOC and Won’t Be Any

www.pogo.org 5 instances, planes were flown when they were not fully 10 days of flight operations due to various maintenance combat ready. issues. The report compares planned flight hours and • The aircraft were not cleared to carry any ordnance. hours actually flown for each day of flight operations; This was hardly surprising because the F-35B will not hours flown were only 70 percent of those scheduled. be able to fire its gun until 2019.9 Maintenance problems grounded the planes through- • Lockheed Martin, Pratt & Whitney, and Rolls Royce out the demonstration, with as many as four of six air- all provided Field Service Engineers (FSE) aboard with craft out of action on the evening of May 22. On May 23, uniformed maintainers. The number of individuals the squadron commander cancelled two planned mis- varied, but the report notes approximately 80 contrac- sions to give maintenance crews more time to complete tor civilians participated. Such personnel would likely aircraft repairs.12 not be available during actual combat operations.10 The report shows the unusual lengths used to resolve • Due to an unreliable logistics management system— some of the issues. When one plane needed a replacement named the Automatic Logistics Global Sustainment fuel boost pump and none were available on board, one (ALGS) system—crew used “[n]on-operationally rep- was flown in from Norfolk Naval Air Station. Maintainers resentative [supply system] workarounds” to support attempted to install the replacement part, but it was dam- the program, including for basic tasks such as fueling. aged. Three more identical parts were later shipped to The Marine Corps was able to support the aircraft ensure at least one undamaged part would be available.13 only with “several ad hoc supply actions to obtain In another instance, one F-35B needed a replacement spare parts…that could not have been accomplished voltage regulator to return to mission capable status. The in a timely or a practical manner when operationally part was unavailable locally, so one was flown from Fort deployed.”11 This includes staging several extraordi- Worth, Texas, out to the USS Wasp within 18 hours. The nary parts runs using MV-22 aircraft specially staged authors of the report noted, “This level of support should for the purpose. not be expected as normal for combat deployments once away from the continental United States.”14 Poor Test Results The Marine Corps and Lockheed Martin anticipated issues and made special arrangements to support this The F-35Bs used for the demonstration were never able event. The report notes the Marine Corps placed several to achieve the planned number of flight hours over the MV-22’s on standby to conduct logistics runs for the test. 18 Lockheed Martin also prioritized support for the deploy- 16 n HOURS PLANNED ment “very highly” and positioned contractors at bases across the country to rapidly move needed parts through 14 n HOURS FLOWN 15 12 the system. This is hardly surprising, since it was in Lockheed Martin’s interests to do everything possible to 10 see that this demonstration went as smoothly as possible. 8 While there is nothing unusual about military equip- 6 ment requiring maintenance to remain operational, the 4 number of mechanical and electronic maintenance prob- 2 lems during this short period of time, and on such a 0 highly publicized event, is remarkable. Combat requires a readiness rate of 80 percent.16 But during this demon-

18-May 19-May 20-May 21-May 22-May 23-May 24-May 25-May 26-May 27-May stration, the F-35 struggled to maintain even a 50 percent

Data from Director of Operational Test and Evaluation, “Observations readiness level. on the Marine Corps F-35B Demonstration on USS Wasp,” July 22, 2015, The reliability and operational availability of an air- Annex B — Flight Operations Chronology. craft is important in terms of combat readiness and for

10. DOT&E Report, p. D-1. 15. DOT&E Report, p. D-18. nounces F-35B Fighter Jet Ready for Initial 11. DOT&E Report, pp. 2-3. 16. Tony Capaccio, “Lockheed F-35’s Reliabil- Operations,” Military.com, July 31, 2015. Brendan McGarry, “F-35B Needs Work- 12. DOT&E Report, pp. B-5-B6. ity Found Wanting in Shipboard Testing,” BloombergBusiness, July 28, 2015. around to Fuse Sensor Data, General Says,” 13. DOT&E Report, p. B-4-B-5. Defense Tech, July 29, 2015. 17. Brendan McGarry, “Marine Corps An- 14. DOT&E Report, p. D-18.

6 The Defense Monitor | October-December 2015 training purposes. But even the best aircraft in the world ADVISORY BOARD CONTINUED FROM PAGE 2 is useless without a skilled pilot, which requires them to authored and co-authored several books, which are fly as often as possible in conditions replicating those they used in numerous courses, including by the Depart- will face in combat as possible. The USS Wasp operation- ment of Military Instruction at West Point. His next al test, which seems no more than a PR exercise, simply book, The Missing Link: Developing Personnel For Mis- confirmed that beyond the highly publicized questions sion Command, a Superior Command Culture, will be pub- regarding the F-35’s combat effectiveness, more pressing lished soon. issues remain about its basic reliability. If the most ex- pensive weapons system in history can’t even get off the Col. Gary I. Wilson, USMC (Ret.), is a recognized ground often enough to train pilots adequately, then all civilian and military subject matter expert on fourth- the money spent on it has been wasted. generation warfare. He has been published in numer- Despite this poor showing, and even though major ous professional journals and has contributed to sev- combat capabilities are missing, the Marine Corps still eral books regarding national security and emerging declared its variant of the F-35 ready for combat in July. threats. The Marine Corps’ statements to the press note that the early operational F-35Bs do not have the new night-vi- Col. Michael D. Wyly, USMC (Ret.), has published sion helmet, the Small Diameter Bomb II, the GAU-22/A prolifically in military journals, and has taught in four-barrel 25mm Gatling gun essential for even minimal Marine Corps Professional Schools. He has led a revi- close support of ground troops, or the ability to stream sion of Marine Corps tactics with a view toward mak- video and simultaneously fuse sensor data from four air- ing them fully relevant to the exigencies of modern war. craft.17 Block 2B was supposed to be the first block to have any claimed combat capability, but even this capability Veterans are often the ones most outraged by failed was not ready for the F-35s in the IOC test due to deficien- acquisition programs and waste because they under- cies identified in testing that cannot be resolved until lat- stand the true cost, and what could have been done to er blocks.18 Now the first system to have “Full Operation- prevent it. Our military advisors are also in a unique al Capability” (FOC) will be Block 4, currently scheduled position to cultivate and support reformers inside to be declared fully capable in 2022—assuming no fur- the system. Already their addition has deepened the ther schedule slips in the intervening seven years.19 perspective of our work to focus more rigorously on Traditionally, declaring IOC has depended upon com- how personnel reforms are intrinsically linked to the pleting combat-realistic testing, as was the criteria for the proper stewardship of our tax dollars. F-22’s IOC declaration in 2005.20 The Marine Corps ad- Their voices may be more important now than ever. mits the “initial” deployments are several years down the The waste at the Pentagon, the lack of spending road. F-35Bs will not be deployed to Okinawa until 2017 transparency, and the inability of the Pentagon to pass at the earliest, and won’t be deployed on amphibious as- an audit are all outrageous and unacceptable on their sault ships until 2018.21 The F-35B’s IOC declaration does face. But this waste also represents a significant oppor- not establish that any necessary combat capabilities have tunity cost to the growth and vibrancy of the U.S. econ- actually been achieved. It simply shows that the Joint omy. Those who refuse to challenge this corruption Strike Fighter Program Office and the Marine Corps were surrounding the Pentagon make our country weaker. doggedly determined to reap the public relations benefits We look forward to working together to secure more of meeting their artificial IOC deadline—even if in name effective and ethical military forces at a significantly only—no matter what. n lower cost, and we thank you for your continued sup- port as we continue the mission. n

18. Director of Operational Test and Evaluation, “F-35 Joint Strike Fighter (JSF),” FY2014 Annual Report, January 2015, p. 39. 1. Project On Government Oversight, Preying on the Taxpayer: The 19. Kris Osborn, “F-35 Will Not Reach Full Close-Air Support Potential F-22A Raptor, July 25, 2006. Until 2022,” Military.com, March 9, 2015. 2. R. Jeffrey Smith, “Defense Institute Head Resigns,” The Washing- 20. Winslow Wheeler, “The Air Force Decides to Pick a Fight between the ton Post, September 13, 2006. F-35 and the A-10,” Straus Military Reform Project, November 7, 2014. 3. “Troops haven’t been reimbursed for armor,” Associated Press, 21. “Panetta says first F-35 overseas deployment planned for Iwakuni,” September 30, 2005. Stars and Stripes, December 19, 2012; Kris Osborn, “The Navy and Ma- 4. Project On Government Oversight, “POGO Questions Senate's rine Corps are already preparing for the F-35’s first deployment,”Busi - Move to Fund Troubled Aviation Programs Instead of Supporting ness Insider, April 9, 2015. War Fighters,” April 26, 2006.

www.pogo.org 7 ment. The letter showed that the Air Force has a three-pronged approach Air Force Campaign to undermining the readiness of the A-10 fleet:

Against the A-10 Takes 1. Cut Funding Between fiscal year 2014 and fis- cal year 2015 the Air Force cut A-10 Readiness Hostage depot maintenance funding by 40 BY MANDY SMITHBERGER percent. As a consequence of this The A-10 is very popular with com- Now a letter signed by ten Sena- cut and reductions in A-10s cycling batant commanders—an inconve- tors reveals the Air Force has taken through essential depot-level repairs, nient fact for the Air Force’s ongo- a number of actions to undermine the Air Force admitted that fewer ing campaign to scrap the plane. The the A-10 fleet’s readiness to deploy, A-10s would be available to be plane continues to perform daily with appearing to violate the law and deployed. The Senators note that the striking effectiveness in Afghanistan the intent of Congress.4 The cumu- Air Force’s request for depot funding and Iraq.1 In Syria, Air Force head- lative—and apparently deliberate— and entries in its most recent bud- quarters claimed the A-10 couldn’t be effect of these actions is that there get request still fall short of projected used due to the country’s air defenses, may soon come a day when a com- combat, deployment, and training only to later confirm that Central batant commander requesting A-10 requirements. Congress prohibited Command (CENTCOM) used A-10s support will not be able to get it: the the Air Force from retiring the A-10 in Syria against the Islamic State.2 Air Force will simply not have the (Sec. 133), including manning sup- Similarly, in Ukraine, Russia’s saber- aircraft available to send. port, leaving 283 flyable A-10s.5 If rattling prompted urgent requests Senator Kelly Ayotte (R-NH) and the Air Force is allowed to continue from European Command (EUCOM) Senate Armed Services Commit- these kinds of depot cuts, however, for A-10s to return to .3 In all tee Chairman John McCain (R-AZ), projections show that only approxi- of these instances, the requests over- as well as eight other Senators, sent mately 89 A-10s would be deployable rode Air Force headquarters’ reluc- a letter to Air Force Secretary Deb- next September. Additionally, the tance to deploy the Warthogs. orah James on this backdoor retire- Air Force transferred the top 30 A-10

THREE WAYS THE CUT FUNDING FOR DEPOT AIR FORCE IS TRYING TO RETIRE THE A-10 MAINTENANCE BY 40% If allowed to keep depot cuts, only AGAINST CONGRESS’ WILL about 89 A-10s would be deployable next September. The Air Force has also transferred the top 30 A-10 maintainers to the F-16.

MOVING A-10s TO “MOTHBALLED” STATUS Without authorization, the Air Force has moved 18 A-10s into “XJ” status. XJ planes are deemed “excess to requirements” and are not flown.

REDUCING COMBAT EFFECTIVENESS These cuts have reduced the number of operational test sorties by over 50%. This is significantly below the testing needed to keep the A-10

combat-ready. PHOTO CREDIT: AIR FORCE PHOTO BY AIRMAN 1ST CLASS GUSTAVO CASTILLO

8 The Defense Monitor | October-December 2015 maintainers at Nellis to F-16 squad- number of operational testing pilots minal Attack Controllers, and three rons, crippling essential A-10 opera- to 2, has reduced the number of test years of broad, bipartisan congressio- tional testing and evaluation.6 sorties by over 50 percent. This is sig- nal rejection of the Air Force’s plan to nificantly below the testing needed retire the A-10, headquarters’ senior 2. Move More A-10s Closer to to keep the A-10 fully ready to use officers still persist in their schemes Mothball Status the latest Air Force weapons and to to get rid of the world’s most effective In the final days of the 113th Con- be fully combat effective in the face close support force.10 gress, a “compromise” heavily of evolving threats. Air Force Chief of Staff General pushed by the Air Force was tucked Mark Welsh has complained that into the National Defense Authoriza- By defying Congress’s man- he resents the portrayal of the Air tion Act for FY 2015.7 The “compro- date to keep 283 A-10s fully sup- Force as not supporting the close air mise” allowed the Air Force to move ported and flyable, Air Force head- support mission.11 But the ongoing A-10s into virtually retired “backup quarters is undercutting the abil- actions by Air Force headquarters active status.” The Air Force expedi- ity of our combatant commanders to provide stark and compelling evi- tiously moved 18 A-10s into backup carry out their missions. By cutting dence of that portrayal. The only way status in February, as allowed by the the A-10’s upgrade and operational for General Welsh to prove Air Force law. 8 But what was not authorized testing and evaluation funding, the critics wrong is by providing Con- was the Air Force moving these 18 Air Force brass is slowing the mod- gress a plan and a budget for fully A-10s into “XJ” status, as the Sena- ernization and effectiveness of the supporting the A-10 and the future of tors say they did in May. In backup few A-10s available. As War is Bor- effective close air support for Ameri- active status, planes must be flown ing points out, this is a repetition of can troops. n periodically to maintain their combat the Air Force’s depriving the A-10 of readiness—similar to how one occa- needed maintenance and modifica- 1. Tony Carr, “Hawg: The Story of the A-10 and sionally drives an infrequently used tions in the 1990s.9 Taxpayers footed Close Air Support in Afghanistan,” John Q. Public, September 4, 2015; Joseph Trevithick, car; in XJ status, planes are deemed the bill for the additional costs of “A-10s Fly Combat Missions Over Syria,” “excess to requirements.” They aren’t deferred maintenance while Ameri- War is Boring, January 23, 2015. flown, and are only one step from can soldiers in Iraq and Afghanistan 2. Colin Clark, “A-10s Strike Targets In Iraq, But Not Syria,” Breaking Defense, December being mothballed. suffered the costs of inadequate close 17, 2014; “Air Force Confirms Use of A-10 in support—just as they are likely to Limited Number of Strikes in Syria,” UPI, February 13, 2015. 3. Reducing Combat Effectiveness again if Air Force headquarters per- 3. Jennifer H. Svan, “A-10 Warthogs return to The Nellis operational test squad- sists in this backdoor mothballing of Germany as situation in Ukraine deterio- ron conducts the testing necessary to the A-10 fleet. rates,” Stars and Stripes, February 19, 2015. keep the A-10’s electronics and weap- In the letter, the Senators request 4. Senator Kelly Ayotte, “Ayotte, McCain Write to Secretary James on A-10 Readiness ons completely current and effec- that the Air Force provide a plan to Requirements,” October 9, 2015. tive for the plane’s ongoing combat increase maintenance to meet con- 5. “Carl Levin and Howard P. ‘Buck’ McKeon deployments. Over the last twenty gressional law and intent, as well as National Defense Authorization Act For Fiscal Year 2015,” (Public Law 113-291), pp. years, this operational testing has that the Air Force provide an expla- 25 -27. been critical to the A-10’s develop- nation for why 18 A-10s were deemed 6. James T. Harris Show, “The Father of the A-10 Pierre Sprey Interview 10-8-15,” 104.1 ment and fielding of the most capa- to be in excess of requirements and KQTH, October 8, 2015. ble plane for ground attack of any therefore taken out of flyable status. 7. Jonah Bennett, “McCain Says He Won’t Let aircraft today. The two squadrons at “The Air Force should plan its Air Force Place The A-10s In ‘Backup Sta- tus,’” Daily Caller, March 9, 2015. Nellis have already been decimated, A-10 depot level maintenance fund- 8. U.S. Air Force, “Air Force places 18 A-10 including the shifting of 30 of their ing for the Future Years Defense aircraft into ‘Backup Status,’” February 27, most skilled A-10 maintainers, and Program based on the assumption 2015. now Air Force headquarters has fur- that Congress will continue to pro- 9. Government Accountability Office, “Tacti- cal Aircraft Investment Strategy,” April 2, thered that deterioration by including hibit the divestment of A-10s until an 2007, p. 17. 3 of Nellis’s planes in the 18 that have equally capable close air support air- 10. Sean Gallagher, “Air Force chief rebuts F-35 been moved into XJ status. Depriving craft achieves full operational capa- haters, calls for more modernization,” Ars Technica, September 16, 2015. these squadrons of these planes and bility,” the Senators wrote. Despite PHOTO CREDIT: AIR FORCE PHOTO BY AIRMAN 1ST CLASS GUSTAVO CASTILLO 11. Jeff Schogol, “Welsh: The Air Force cares maintainers, along with cutting the the protests of pilots and Joint Ter- about close-air support,” Air Force Times, September 17, 2015.

www.pogo.org 9 The JLENS: A Soaring Beacon for Military Reform

BY DAN GRAZIER

Fortunately no one was hurt when the Joint Land Attack Cruise Missile Defense modification to a cost-plus-incentive Elevated Netted Sensor System (JLENS) aerostat balloon broke loose from its fee contract for JLENS. mooring at Aberdeen Proving Ground, Maryland, in October.1 The snapped tether cable did cause some property damage and knocked out power for 30,000 November 15, 2005: residents of Pennsylvania, but that can all be repaired. So people are free to Raytheon announces “a $1.3 billion laugh at this latest blunder. Images of the runaway blimp floating north raced contract modification” for JLENS. across social media faster than the blimp did across 160 miles of Maryland and Pennsylvania. January 3, 2007: While a military balloon float- means it’s supposed to be able to Raytheon announces that JLENS ne- ing freely over rural America is un- track planes, helicopters, and land at- gotiations have been finalized at $1.4 usual, nothing about the program is: tack cruise missiles. Raytheon first billion. the length of the development pro- won the $292 million contract to de- cess, the massive expense, the du- velop the program in January 1998.3 January 11, 2007: bious statements, and the political Reading through the timeline of the Raytheon received a $144.3 million engineering are all-too typical. The program’s development, one can see increment to the $1.43 billion JLENS JLENS program represents perfectly how the cost inflated through a series contract. every over-inflated military program of modifications and negotiations: since World War II. October 5, 2012: Most people had likely not heard January 30, 1998: Raytheon receives a $59 million cost- about the Army’s JLENS program Raytheon won an $11.9 million incre- plus-incentive-fee contract modifica- before the runaway blimp captured ment as part of the estimated $292 tion, covering JLENS support until the public’s attention, but it has been million contract. Sept 28, 2013. underway for 17 years. The system is designed primarily to look for June 23, 2005: By the time the aerostat floated 2 and track low-flying targets. That Raytheon received a $79.5 million away, the DoD had spent approxi- PHOTO CREDIT: C. TODD LOPEZ, WWW.ARMY.MIL

10 The Defense Monitor | October-December 2015 mately $2.7 billion on the program.4 of other systems to detect rockets, ar- sional districts as possible, and thus What exactly do the taxpayers have tillery, and mortars. Then-Senator maximizing the number of mem- to show for their money other than Tom Coburn (R-OK) estimated in his bers of Congress who feel that if they some priceless pictures? One would 2011 “Back in Black” deficit reduc- cut off funding, they’d be hurting expect an extensive net of these ra- tion plan that the Army could save themselves.” dar systems ringing the country. $5.8 billion by cancelling the JLENs The infamous revolving door be- The Army had plans to purchase 28 program. Even with such efforts, the tween the various elements of the blimps for that exact purpose.5 But program survived, likely for two rea- military-industrial-congressional for all the time and money spent on sons: political engineering and the complex also appears to play a role in the program, the American people revolving door. this story. The JLENS program sur- has just one working system. Well, Raytheon has spread the work vived Army attempts to kill it when we had one working system, until designing and building the JLENS the then-vice chairmen of the Joint half of it floated away. across at least eight states, according Chiefs of Staff, Marine General James The program already had a major to the LA Times. Several Members of Cartwright, came to its rescue. Ac- failure earlier this year6: a disgrun- Congress from both parties have a cording to the LA Times investiga- tled former postal employee flew a vested interest in protecting the pro- tion, the program would not have gyrocopter low through miles of re- gram in order to ensure their districts survived without his intervention. The JLENS: stricted airspace to land on the lawn receive more money and jobs. Rep- Within months of his retirement, of the Capitol Building, exactly the resentative “Dutch” Ruppersberger Raytheon elected General Cart- kind of threat JLENS is designed to (D-MD) celebrated when he received wright to its board of directors.9 He A Soaring Beacon for Military Reform detect. But even after all that time word the JLENS would be deployed has since pocketed several hundred and money, the system was “not op- to his district, and touted the 140 jobs thousand dollars from the company.10 erational” that day. This latest inci- it would bring. The program received dent has prompted renewed scrutiny special attention during negotiations The Future of JLENS on Capitol Hill. The House Oversight for this past year’s National Defense The Army quickly collected the and Government Reform Commit- Authorization act when Senator Kel- wreckage of the blimp from the tee has requested documents relating ly Ayotte (R-NH) added a provision woods of Pennsylvania and vowed to to the program to determine wheth- requiring the Army to brief Congress undertake a thorough investigation. er or not it is a wise investment of on options to deploy more systems It has suspended the program until taxpayer dollars.7 Maryland Senator around the world. Raytheon tests the investigation is complete. While Barbara Mikulski (D-MD) has called the JLENS at its facility in Pelham, this sounds like a prudent step, the on the Army and the North Ameri- New Hampshire. Army had little choice in the matter: can Aerospace Defense Command This is a common practice of de- half of the working system is cur- (NORAD) to investigate the latest in- fense contractors, often described rently riddled with buckshot. cident thoroughly. as political engineering, a phrase Still, the program lives on. Con- first identified by Pentagon reform- gress did not include the JLENS in Business as Usual er Chuck Spinney. James Fallows, a the $5 billion it trimmed from the The JLENS program is now frequent- respected author about Pentagon re- next defense budget. It is unclear ly dubbed as a “zombie” program be- form matters, defines political en- what, if anything, can actually kill cause it just won’t die.8 Army leader- gineering as “the art of spreading a this program. n ship tried to cancel it in 2010 in favor military project to as many congres-

1. Joe McDonald and Phil Stewart, “Runaway U.S. military blimp wreaks 6. Julie Zauzmer and Mike DeBonis, “Gyrocopter lands on Capitol lawn; havoc in Pennsylvania,” Reuters, October 29, 2015. pilot is arrested,” The Washington Post, April 15, 2015. 2. Office of Director, Operational Test and Evaluation, “Joint Land Attack 7. David Willman, “After runaway blimp debacle, fresh scrutiny of Cruise Missile Defense Elevated Netted Sensor System (JLENS),” JLENS missile defense program,” Los Angeles Times, October 30, 2015. Army Programs. 8. David Willman, “How a $2.7 billion air-defense system became a 3. Defense Industry Daily staff, “JLENS: Co-ordinating Cruise Missile ‘zombie’ program,” Los Angeles Times, September 24, 2015. Defense – And More,” Defense Industry Daily, August 21, 2015. 9. Raytheon Company, “James E. Cartwright Elected to Raytheon Board 4. Aerostat Joint Project Office, Defense Budget FY2015 Data, March 2014. of Directors,” January 27, 2012. 5. Robert Beckhusen, “$2 Billion Later, Bloated Spy Blimp Finally Kills a 10. “How much money did James E Clearwater make?,” Point Pleasant

PHOTO CREDIT: C. TODD LOPEZ, WWW.ARMY.MIL Cruise Missile,” Wired, September 25, 2012. Daily Register, November 19, 2015.

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