Gen. David Berger had his term as commandant of the Marine Corps expire on Monday, leaving his deputy to fill the role in an acting capacity.
The end of Berger’s four-year term leaves Gen. Eric Smith, the assistant commandant, to assume the role in an acting capacity because the Senate has not confirmed any military nominations or promotions for this position or any other for much of this calendar year due to one senator’s objections.
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"Now, I know that everyone here is looking forward to the rapid confirmation of a distinguished successor to General Berger," Secretary of Defense Lloyd Austin said at Berger's relinquishment of duty ceremony. "You know, it’s been more than a century since the U.S. Marine Corps has operated without a Senate-confirmed commandant. Smooth and timely transitions of confirmed leadership are central to the defense of the United States, and to the full strength of the most powerful fighting force in history. Stable and orderly leadership transitions are also vital to maintaining our unmatched network of allies and partners."
President Joe Biden selected Smith to serve in the role officially, though he will retain the title and position of assistant commandant until he or another nominee is confirmed. Legally, Smith assumed the role of acting commandant due to his position as second-in-command, not because Biden nominated him for the top spot.
“Federal law establishes the position of the Commandant of the Marine Corps, delineates the duties of the Commandant, and provides for a four-year term,” Maj. Jim Stenger, a Marine Corps spokesman, told the Washington Examiner. “The term of the 38th Commandant, Gen David Berger, will expire on 10 July 2023, at which time he must vacate the office, regardless of whether a successor has been appointed. Federal law provides that when there is a vacancy in the office of Commandant, the Assistant Commandant shall perform the duties of the Commandant until a successor is appointed.”
The Senate has not passed any military promotions or nominations since February due to Sen. Tommy Tuberville (R-AL), who has repeatedly refused to allow them to go forward via unanimous consent. He has been protesting the department’s policies regarding abortion following the Supreme Court’s reversal of Roe v. Wade for roughly six months.
DOD announced that it would pay for service members or their dependents’ travel expenses if they had to go out of state for abortion services due to restrictions on the practice in their state of residence.
Defense officials have denounced Tuberville’s tactics, which they argue can have an effect on military readiness. His office declined to comment on Monday about Smith's ascension to acting commandant.
“A key principle of effectiveness in our military is a well-defined chain of command. So uncertainty about incoming or outgoing commanders and senior leaders can make it difficult to plan for or advance mission requirements,” Pentagon spokesman Brig. Gen. Patrick Ryder said last week.
“And so additionally, by design, our force management is predicated on up or out,” he said. “So as promotions stagnate, it prevents lower tiers from being promoted into key positions, creating a — a domino effect. So ultimately, this all — also has an impact on the families and the service members awaiting updates regarding new assignments, which then gets into questions about things like housing, schools, [and] other aspects associated with a move.”
DOD officials have said he is blocking roughly 250 promotions, and they believe that number could reach 650 general and flag officers by the end of the year.
The Marines have not been led by an acting commandant in more than a hundred years. Gen. William Biddle served in an acting capacity from December 1910 to February 1911 following Maj. Gen. George Elliott’s retirement until his own appointment, according to the Marine Corps University website.
The other two instances in which the Marine commandant was serving in an acting capacity happened in 1864 and in 1818-1819, and in both cases, it occurred because the commandant was killed and a replacement was appointed in the interim.
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Berger is one of four Joint Chiefs of Staff members whose terms will end between July and October. With one of them set to replace another, it leaves five possible seats among the eight members of the Joint Staff that could be led by officials in acting capacities.
Biden tapped Gen. Randy George, the Army’s vice chief of staff, to follow Gen. James McConville as the Army’s top officer, while Secretary of Defense Lloyd Austin has reportedly recommended Adm. Samuel Paparo, the commander of the Navy’s Pacific Fleet, to be the next chief of naval operations. The chairman of the Joint Chiefs, Gen. Mark Milley, will be exiting in early October, and Biden has chosen Air Force chief of staff Gen. CQ Brown as his replacement, which will create an opening at the top of the Air Force.