The Office of the General Counsel is headed by the General Counsel of the Department of War (DoW). Appointed by the President with the advice and consent of the Senate, the General Counsel is by law the Chief Legal Officer of the DoW (10 U.S.C. § 140).

The General Counsel is "dual-hatted" as the Director of the Defense Legal Services Agency (DLSA), a DoW agency that provides legal advice and services for the Defense Agencies, DoW Field Activities, and other assigned organizations.

The General Counsel is responsible for the following functional areas:

  • Provide advice to the Secretary and Deputy Secretary of War regarding all legal matters and services performed within, or involving, the Department of War.
  • Provide legal advice to OSW organizations and, as appropriate, other DoW Components.
  • Oversee, as appropriate, legal services performed within the Department of War, including determining the adherence by attorneys in the Department of War to appropriate professional standards.
  • Coordinate on appeals from denial of requests under the Freedom of Information Act, as appropriate.
  • Provide advice on standards of conduct involving personnel of OSW and, as appropriate, other DoW components.
  • Develop the DoW Legislative Program and coordinate DoW positions on legislation and Executive Orders.
  • Provide for the coordination of significant legal issues, including litigation involving the DoW and other matters before the Department of Justice in which DoW has an interest.
  • Establish DoW policy on general legal issues, determine the DoW positions on specific legal problems, and resolve disagreements within the DoW on such matters.
  • Perform such functions relating to the DoW security program (including surveillance over DoW personnel security programs) as the Secretary or Deputy Secretary of War may assign.
  • Act as lead counsel for the Department in all international negotiations conducted by OSW organizations.
  • Maintain the central repository for all international agreements coordinated, negotiated, or concluded by DoW personnel.

The responsibilities and functions of the General Counsel in his or her capacity as the director, DLSA, include:

  • Organize, direct, and manage the DLSA and all assigned resources. Provide legal advice and services to the Defense Agencies, DoW Field Activities, and other assigned organizations.
  • Provide technical support and assistance for development of the DoW Legislative Program.
  • Manage the Departmental legislative comment programs.
  • Provide a centralized legislative document reference and distribution point for the DoW and maintain the Department's historical legislative files.
  • Coordinate DoW policy for standards of conduct and administer the Standards of Conduct Program for the OSW and other assigned organizations.
  • Administer the Security Clearance Review Program.