Facts
The establishment of FA58 conflicts with superseding laws and regulations
Superseding regulations explicitly prohibit military personnel from performing commercial activities – such as marketing – stating that such activities must only be designated for civilian performance because: (1) civilian manpower is more cost-effective than military manpower; (2) neither military skill nor military training is required for its performance; (3) marketing is an inherently commercial activity; (4) civilian manpower frees military personnel to focus on the Army Mission; and (5) doing so ensures sustained continuity of leadership by leveraging the strength of the Army's most cost-efficient labor force, its civilians.
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There exists no exception to laws or regulation that grant authority to establish FA58
Army Directive 2019-25, specifically “reference d” contained therein, is the source cited by OEMA as the authority for establishing FA58. However, there is no “reference d” within Army Directive 2019-25. Of the references contained within Army Directive 2019-25 e.g., DAGO 2019-18, AR 601-208, and AR 5-22, none of them make any mention of FA58. Furthermore, only AR 5-22, The Army Force Management Proponent System, might be mistaken for the source of establishing authority for a new Functional Area. Unfortunately, AR 5-22 specifically states that it does not supersede, modify, or infringe upon any Federal law, Department of Defense Directive or Instruction, or any Army General Order, Regulation, or Policy.
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The process for its establishment lacks transparency and gives the appearance of circumventing regulations
Both Army General Orders 2019-18 and 2021-06 explicitly state that the reassignment of W6WCAA includes the transfer of personnel. However, comparison between both documents reveals that their shared function was to transfer W6WCAA from the Assistant Secretary of the Army for Manpower & Reserve Affairs (ASA M&RA) to the Army's Deputy Chief of Staff (DCS-G1) in August 2019 and then transfer W6WCAA back again to the ASA M&RA two years later in July 2021, simply to accommodate the shuttering of AMRG and launching of AEMO so as to facilitate the “abolishing” of civilian positions rather than satisfying the regulatory requirements for "converting" those positions for performance by military personnel pursuant to AR 570-4. With AMRG gone, the civilian positions at AMRG could be “abolished” rather than “converted” and with AEMO being a new unit, not yet established, there was nowhere for those AEMO civilians to perform marketing functions so they where "displaced" and forced to find gainful employment elsewhere.
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Abolishing these positions outright removed the burden of meeting regulatory requirements of AR 570-4 which state that any reorganization where civilian positions are converted for military performance should ensure that civilian positions are not arbitrarily eliminated and replaced with military. Then, while all the civilian personnel previously assigned to AMRG where reassigned, AEMO, a completely different field operating agency that reports to a completely different command, bolstered its manpower with military personnel — newly minted FA58 Marketing Officers — whose existence conflicts with superseding regulations.
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The chain of events described above displays nothing less than a lack transparency and, on its face, the establishment of FA58 Marketing Officers fails to to bear scrutiny. Exhaustive research has failed to uncover any law or regulation which would permit the establishment of FA58 Marketing Officers. Without any supporting documentation to the contrary, the establishment of FA58 Marketing Officers appears to be a direct result of an intentional or unintentional bureaucratic slight-of-hand, for which there are only three possibilities as to why and how FA58 Marketing Officers where established:
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These chain of events constitute a series of coincidental errors and/or connected administrative oversights wherein proper procedure was not followed. In which case, investigation by the Department of Army Inspector General (DAIG) is needed to discover the source of the error(s) so that they can be corrected.
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These chain of events constitute an intentional attempt to deliberately circumvent governmental regulations for converting civilian positions to positions for military personnel. In which case, investigation by the DAIG is warranted to uncover whatever or whomever may be the source of corruption centric to the establishment of FA58 Marketing Officers so that it may be addressed in accordance with federal law, DOD and U.S. Army Regulations.
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These chain of events are a direct result of the decision by the office of the former ASA M&&RA to proceed with establishing FA58 Marketing Officers even after the discovery of coincidental errors in the process or its transparency. In which case, investigation by the DAIG is required to discover the cause(s) and mitigating circumstances the decision made to establish FA58 Marketing Officers and then, as needed, addressed in accordance with federal law, DOD and U.S. Army Regulations.
Regardless of how or why FA58 Marketing Officers were established, this matter requirs further scrutiny to ensure full transparency and so that the U.S. Army may honor the trust of freely given to it by those whom it protects; the citizens of the United States or America.