The Army chief of staff retired on Friday, but no one could be sworn into the vacancy like usual because the Senate has not confirmed his successor.
President Joe Biden selected Gen. Randy George, the Army’s vice chief of staff, to be the service’s next top officer in April, but he hasn't been confirmed by the Senate even though the outgoing chief of staff, Gen. James McConville, retired on Aug. 4.
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“Gen. James McConville, Chief of Staff of the Army, is scheduled to officially retire on Aug. 4, 2023, 42 years after first entering the Army," Cynthia Smith, an Army spokeswoman, told the Washington Examiner. "Randy George has been nominated to become the 41st Chief of Staff of the Army and his nomination is pending in the Senate. In the meantime, Gen. George will continue in his current capacity as Vice Chief of Staff of the Army and will perform duties as prescribed by the Secretary of the Army.”
Madison Bonzo, U.S. Army spokeswoman, told the Washington Examiner that there have been a couple instances in which the Army was without a Senate-confirmed chief.
“According to the U.S. Army Center of Military History, there have been instances when the Vice Chief of Staff of the Army also served as the acting Chief of Staff of the Army," Bonzo explained. "Gen. Bruce Palmer served as the acting CSA following Gen. William Westmoreland’s retirement in 1972, and Gen. John Keane served as acting CSA following Gen. Eric Shinseki’s retirement in 2003. In addition, following the death of Gen. Creighton Abrams in 1974, Gen. Frederick Weyand served as VCSA and simultaneously performed the duties of CSA for approximately one month until he was officially confirmed as CSA by the Senate on Oct. 3, 1974.”
The Senate left for its August recess without confirming George or the incoming chief of naval operations, whose predecessor will also leave the position this month.
Sen. Tommy Tuberville (R-AL) has held up roughly 300 military promotions and nominations for roughly six months due to the policy the department put in place following the Supreme Court's reversal of Roe v. Wade. Tuberville's hold has already had an effect on the members of the Joint Chiefs of Staff and will continue to do so.
Gen. Eric Smith, the assistant Marine Corps commandant, became the head of the service in an acting capacity last month because the Senate didn't vote on his nomination to assume the role. The Marines had not been led by an acting commandant in more than a hundred years, when Gen. William Biddle served in an acting capacity from December 1910-February 1911 following Maj. Gen. George Elliott’s retirement until his own appointment, according to the Marine Corps University website.
Chief of Naval Operations Adm. Mike Gilday's term is set to expire later this month, and Adm. Lisa Franchetti, who is currently the vice CNO, will assume the position in an acting capacity, according to Navy spokesman Rear Adm. Ryan Perry.
In addition to the Franchetti situation, there are 76 flag officer nominations for positions that are due to rotate this year across the Navy, Petty added, noting that impacts of the hold include moving deputies into leadership roles for continuity, deferred retirements, relocations before confirmation.
The policy that prompted Tuberville's protest dictates the military provide time off and reimburse the travel expenses incurred by a service member or dependent who needs to travel out of state for certain reproductive care procedures, including abortions.
Under federal law, department funds and facilities may only perform abortions in which the life of the mother is at stake or is the result of an act of rape or incest, but the Alabama senator has argued the policy of reimbursing certain expenses for obtaining an abortion at any point during the pregnancy violates the intent of the law.
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The Senate is expected to return to Washington early next month, but it's unclear whether both sides will be able to work through this standoff.
Biden nominated Air Force Chief of Staff Gen. Charles Brown to be the next chairman of the Joint Chiefs of Staff, and his confirmation would open up another Joint Staff position because the president would also have to nominate someone to replace him. Gen. Mark Milley, the current chairman, is set to retire at the end of September.