Getting Strategy Right

[jmm99]

in answer to this:

from Bill
First we need a suprastructure that the Title 10 structure falls under. What is that officially called? What mandates it?

I'd have to answer: the Constitution (to both questions).

Title 10 is an integrated statutory authority for DoD, the Service Departments and the Armed Services (except for Coast Guard):

TITLE 10 - ARMED FORCES

Subtitle, Sec.
A. General Military Law - 101
B. Army - 3001
C. Navy and Marine Corps - 5001
D. Air Force - 8001
E. Reserve Components - 10001

Last year, to answer an obscure question from Brother Fishel via PM (who is great at brain twisters !!), I downloaded the entire frigging title. It is an 18.7mb txt or rtf file !

The Office of the Law Revision Counsel prepares and publishes the United States Code, which is a consolidation and codification by subject matter of the general and permanent laws of the United States.

See, Office of the Law Revision Counsel, for various downloads and data.

A more useable format is at Cornell Law, TITLE 10—ARMED FORCES:

Subtitle A—General Military Law (§§ 101—2925)
Subtitle B—Army (§§ 3001—4842)
Subtitle C—Navy and Marine Corps (§§ 5001—7913)
Subtitle D—Air Force (§§ 8010—9842)
Subtitle E—Reserve Components (§§ 10001—18506)

What we want to look at with primacy is Subtitle A—General Military Law:

PART I—ORGANIZATION AND GENERAL MILITARY POWERS (§§ 101—490)
PART II—PERSONNEL (§§ 501—1801_to_1805)
PART III—TRAINING AND EDUCATION (§§ 2001—2200f)
PART IV—SERVICE, SUPPLY, AND PROCUREMENT (§§ 2201—2925)

and most particularly at, PART I—ORGANIZATION AND GENERAL MILITARY POWERS (§§ 101—490):

CHAPTER 1—DEFINITIONS (§ 101)

CHAPTER 2—DEPARTMENT OF DEFENSE (§§ 111—119)

CHAPTER 3—GENERAL POWERS AND FUNCTIONS (§§ 121—130d)

CHAPTER 4—OFFICE OF THE SECRETARY OF DEFENSE (§§ 131—144)

CHAPTER 5—JOINT CHIEFS OF STAFF (§§ 151—156)

CHAPTER 6—COMBATANT COMMANDS (§§ 161—168)

CHAPTER 7—BOARDS, COUNCILS, AND COMMITTEES (§§ 171—187)

CHAPTER 8—DEFENSE AGENCIES AND DEPARTMENT OF DEFENSE FIELD ACTIVITIES (§§ 191—203)

CHAPTER 9—DEFENSE BUDGET MATTERS (§§ 221—235)

CHAPTER 11—RESERVE COMPONENTS (§ 261)

CHAPTER 13—THE MILITIA (§§ 311—312)

CHAPTER 15—INSURRECTION (§§ 331—336)

CHAPTER 17—ARMING OF AMERICAN VESSELS (§ 351)

CHAPTER 18—MILITARY SUPPORT FOR CIVILIAN LAW ENFORCEMENT GENCIES (§§ 371—382)

CHAPTER 20—HUMANITARIAN AND OTHER ASSISTANCE (§§ 401—410)

CHAPTER 21—DEPARTMENT OF DEFENSE INTELLIGENCE MATTERS (§§ 421—437)

CHAPTER 22—NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY (§§ 441—467)

CHAPTER 23—MISCELLANEOUS STUDIES AND REPORTS (§§ 480—490)

All of this is just the tip of a very large iceberg (inter-agency gets much wilder); but Chaps. 1-6 are the guts of the matter.

Joint Publication 0-2, Unified Action Armed Forces (UNAAF), 10 July 2001, in Appendix I, lays out the controlling legal references (which also include regs and other non-statutory governing documents):

The development of JP 0-2 is based upon the following primary references.

1. Federal Statutory Laws
a. The National Security Act of 1947, as amended.
b. Titles 10 and 32, US Code, as amended.
c. Title 14, US Code, sections 1, 2, and 141.

2. NCA Guidance
a. Unified Command Plan.
b. Forces for Unified Commands.
c. Presidential Decision Directive-56, Managing Complex Contingency Operations.
d. Executive Order 12333, 4 December 1981, United States Intelligence Activities.
e. SecDef Memorandum, Assignment of Force, 6 September 1996.
f. Nuclear Supplement to the Joint Strategic Capabilities Plan.

3. Memoranda of Agreement and Understanding
a. DOD and Department of Transportation Memorandum of Agreement, 3 October 1995, The Use of U.S. Coast Guard Capabilities and Resources in Support of the National Military Strategy.
b. DOD and DOS Memorandum of Understanding, 16 December 1997, Security of DOD Elements and Personnel in Foreign Areas.

4. DOD Directives
a. DOD 1348.33-M, Manual of Military Decorations & Awards.
b. DODD 2000.12, 13 April 1999, DOD Antiterrorism/Force Protection (AT/FP) Program.
c. DODD 3020.26, 26 May 1995, Continuity of Operations (COOP) Policy and Planning.
d. DODD 5100.1, 25 September 1987, Functions of the Department of Defense and its Major Components.
e. DODD 5100.20, 23 December 1971, The National Security Agency and the Central Security Service.
f. DODD 5105.19, 25 June 1991, Defense Information Systems Agency (DISA).
g. DODD 5105.21, 18 February 1997, Defense Intelligence Agency (DIA).
h. DODD 5105.60, 11 October 1996, National Imagery and Mapping Agency.
i. DODD 5105.62, 30 September 1998, Defense Threat Reduction Agency.
j. DODD 5106.4, 7 January 1993, Inspectors General (IGs) of the Unified and Specified Combatant Commands.
k. The integrated policies and procedures established by the Secretary of Defense for the coordination of the Department of the Army, the Department of the Navy, and the Department of the Air Force.

5. Chairman of the Joint Chiefs of Staff Directives
a. CJCSI 6120.05, Manual for Tactical Command and Control Planning Guidance for Joint Operations, Joint Interface Operational Procedures for Message Text Formats.
b. CJCSM 3122.01, Joint Operation Planning and Execution System (JOPES), Vol I: (Planning Policies and Procedures).
c. CJCSM 3410.01, The Chairman of the Joint Chiefs of Staff Continuity of Operations Plan.
d. Chairman of the Joint Chiefs of Staff Emergency Action Procedures.

And, also in Appendix I, the subsidiary doctrinal manuals - which include refs to their own legal bases:

6. Joint Publications
a. JP 1, Joint Warfare of the Armed Forces of the United States.
b. JP 1-0, Doctrine for Personnel Support to Joint Operations.
c. JP 1-02, Department of Defense Dictionary of Military and Associated Terms.
d. JP 1-04, Joint Tactics, Techniques, and Procedures for Legal Support to Military Operations.
e. JP 1-05, Religious Ministry Support to Joint Operations.
f. JP 3-0, Doctrine for Joint Operations.
g. JP 3-08, Interagency Coordination During Joint Operations Vol I.
h. JP 3-12, Doctrine for Joint Nuclear Operations, and JP 3-12 series.
i. JP 3-16, Joint Doctrine for Multinational Operations.
j. JP 3-30, Command and Control for Joint Air Operations.
k. JP 3-31, Command and Control for Joint Land Operations.
l. JP 3-32, Command and Control for Joint Maritime Operations.
m. JP 4-0, Doctrine for Logistic Support of Joint Operations.
n. JP 5-0, Doctrine for Planning Joint Operations.
o. JP 5-00.2, Joint Task Force Planning Guidance and Procedures.
p. JP 6-0, Doctrine for Command, Control, Communications, and Computer (C4) Systems Support to Joint Operations.

Re-writing this pack of wildcats would be no trivial task.

Hope this helps to define the scope of the answer needed to solve the problem presented. Am I being a wet blanket ?

Cheers (and beers)

Mike