Joseph B. Berger III | |
|---|---|
 Official portrait, 2024 | |
| Born | c. 1970 (age 54–55) |
| Allegiance | United States |
| Branch | United States Army |
| Years of service | 1992–2025 |
| Rank | Lieutenant General |
| Commands | Judge Advocate General of the United States Army Judge Advocate General's Legal Center and School United States Army Legal Services Agency |
| Awards | Distinguished Service Medal Legion of Merit (5) Bronze Star Medal (4) |
Joseph B. Berger III is a retired United States Army lieutenant general who last served as the 42nd Judge Advocate General of the United States Army from 15 July 2024 to 21 February 2025. He had previously served as the Deputy Judge Advocate General of the United States Army and had served as the commanding general and commandant of the Judge Advocate General's Legal Center and School. He also previously served as the senior legal advisor for the Joint Special Operations Command, the U.S. Army Cyber Command, and the 160th Special Operations Aviation Regiment. [1] [2] [3]
In May 2024, Berger was nominated for promotion to lieutenant general and assignment as the 42d Judge Advocate General of the United States Army. [4]
In February 2025 Berger was dismissed from his post without notice by the Secretary of Defense, Pete Hegseth, along with the Judge Advocate General of the U.S Air Force, Lt.Gen Charles L. Plummer. Berger's dismissal was part of a broader removal of senior U.S. Military officers by the Second Trump administration referred to as the "Friday Night Massacre." [5] [6]
Berger contended his firing by Secretary Hegseth was unlawful. By statute (see 10 USC § 7037), The Judge Advocate General of the Army, serves a four-year term. [7] However, shortly after Berger's firing, the United States Supreme Court held in the case of another senior executive's firing, Trump vs. Wilcox, 605 U.S. ___, No. 24A966 (May 22, 2025) that "[b]ecause the Constitution vests the executive power in the President, see Art. II, §1, cl. 1, he may remove without cause executive officers who exercise that power on his behalf, subject to narrow exceptions recognized by our precedents, see Seila LawLLC v. Consumer Financial Protection Bureau, 591 U. S.197, 215−218 (2020)."
On Secretary of Defense Pete Hegseth's personal recommendation, on June 30, 2025, President Trump personally approved Berger's retirement as a Lieutenant General, finding his firing involved "exceptional or unusual circumstances" and that "no potentially adverse or adverse" information existed. [8] To date, Secretary Hegseth has consistently maintained that the basis for Berger's dismissal was that he, like all military and executive branch officers, serves at the pleasure of the commander in chief.
