Employment of a Dual Status Commander in a Multi-State Disaster Operation

Several laws, doctrine, and agreements dictate how the National Guard and federal military integrate and function during DSCA operations. Since 2011, the federal government and the Council of Governors established a new customary command to overcome sovereignty concerns and other legal impediments to a domestic military unity of effort. The problem with the construct is during multi-state disasters where it propagates parallel commands among affected states without a singular organization to synchronize and prioritize efforts. Thus, the central research question is: How can laws be changed to support the use of a dual status commander during a multi-state national disaster? Analysis of the primary legal considerations as well as an in-depth review of military doctrine, concepts of operation, and after action reports provide insight into the challenges inherent in a large multi-state disaster. Coupled with a review of potential military organizational or doctrinal impediments or inefficiencies the study concludes current laws are not the major issue. With a historical perspective preserving the rights of states as delineated in the U.S. Constitution, the study concludes revisions or modifications are necessary to the Joint Action Plan and military organization to facilitate a greater national unity of effort within the military.