“Chapman University has taken up the cause of several terminated majors. Major Kale Mosley, a combat pilot who has served for six months shy of 20 years, is one of their clients. Mosley has served in 13 combat zones and was recently deployed to Libya with only 30 hours notice. Shortly thereafter he was sent to Iraq.
“It was on the same day of this Iraq deployment that the Air Force gave him a pink slip,” said Rotunda.”
Note that this story is ONLY online–CNN, MSBC, the Times (any variety, Post and Chronicle–yes even Fox–are not reporting this story.
““The Air Force cites budgetary short falls as the reason to terminate them. But that rationale is nowhere mentioned in the regulation,” Rotunda told TheDC. “In this instant, the officers being separated are within six years of retirement and their records do not contain derogatory information. Thus, they should be allowed to remain in service and retire. The defense department’s own regulation does not authorize what the defense department is doing. The Airmen relied on the law when they entered service and now the Secretary wants to change that law, without authority.”
The Obama regime is lawless, refuses to obey laws, regulations or the Constitution. It promotes bigotry, corruption and election fraud. Chavez and Castro must be proud.
Military advocates decry ‘illegal’ early terminations of 157 Air Force majors
By Caroline May, Daily Caller, 11/25/11
The Chapman University of Military Law and its associated AMVETS Legal Clinic are blowing the whistle on what they say is an injustice set to be perpetrated on 157 Air Force majors on the last day of November.
“The Obama administration has ordered massive reductions in forces, resulting in many officers who are near retirement being involuntarily separated without retirement or medical benefits,” explained institute director Maj. Kyndra Rotunda.
The Department of Defense specifies that service members within six years of retirement normally would be retained and allowed to retire on time with benefits, unless extenuating circumstances exist such as disciplinary issues.
According to lawyers at Chapman and the AMVETS Legal Clinic, the Air Force has deviated from the six-year protection “without any legal authority.”
“At the heart of the matter, is whether the Secretary of the Air Force [Michael Donley] can ignore protections that exist in governing regulations,” Rotunda told The Daily Caller. “The Air Force position is that yes, he may. Our position is that nobody is above the law.”
Air Force spokesman Michael Dickerson explained to TheDC that “selective continuation” is the process which has resulted in the premature separation of these 157 majors. According to Dickerson, officers who fail to get a promotion two times in a row are subject to involuntary discharge — unless they are within two years of qualifying for retirement. Officers subject to discharge can be retained if tapped for continuation by a selection board — it is at these selection boards where officers six years to retirement normally are retained.
“If a continuation board is held, under DoD policy, a commissioned officer on the Active Duty List in the grade of O-4 shall normally be selected for continuation if the officer will qualify for retirement within six years of the date of continuation,” Dickerson wrote in an email to TheDC. “The Secretary of the Military Department, however, may deviate from the DoD policy upon notification to the Under Secretary of Defense for Personnel and Readiness based on the needs of the service.”
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The Air Force Times reported that last December Air Force Secretary Donley told Defense Secretary Robert Gates that some officers within the six year protective window would be terminated.
“Due to efforts to manage our officer corps and to size and shape the force to meet congressionally mandated end-strength, the Secretary of the Air Force notified USD (P&R) of his intent to exercise his authority not to selectively continue large pools of twice-deferred officers who would otherwise qualify for retirement within six years,” Dickerson added.
Despite the Air Forces’ assertion that the dismissals have been kosher, Rotunda noted that based on the Defense Department’s Instruction 1320.08, “derogatory information” is the only reason officers should be terminated, and that budget shortfalls are not one of the instances.
“The Air Force cites budgetary short falls as the reason to terminate them. But that rationale is nowhere mentioned in the regulation,” Rotunda told TheDC. “In this instant, the officers being separated are within six years of retirement and their records do not contain derogatory information. Thus, they should be allowed to remain in service and retire. The defense department’s own regulation does not authorize what the defense department is doing. The Airmen relied on the law when they entered service and now the Secretary wants to change that law, without authority.”
Based on reporting from the AFT, this kind of termination is indeed unusual.
“In my 18-year affiliation with the Air Force — including ROTC — I didn’t know of anyone who wasn’t selected for continuation — unless they had a quality indicator such as an Article 15 or [drunken driving] charge,” an Airborne Warning and Control System crew member told the AFT. “That was the standing context; that was my entire experience; that was the expectation.”
The AFT further reported in July that Maj. Gen. Sharon Dunbar, the Air Force’s top force management officer, has articulated the possibility of more cuts to twice-deferred majors due to mandated reductions.
“Our flexibility in selectively continuing officers will likely remain limited until we reach our funded end strength level,” Dunbar said in a statement. (SEE ALSO: Legislation aims to remove rape accusations from military ‘chain of command’)
Chapman University has taken up the cause of several terminated majors. Major Kale Mosley, a combat pilot who has served for six months shy of 20 years, is one of their clients. Mosley has served in 13 combat zones and was recently deployed to Libya with only 30 hours notice. Shortly thereafter he was sent to Iraq.
“It was on the same day of this Iraq deployment that the Air Force gave him a pink slip,” said Rotunda.
“The issues of military personnel are more pertinent than ever with increased combat zones worldwide, from Libya and Uganda to Afghanistan and Iraq,” said Josh Flynn-Brown, a Post-Doctoral Clinical Fellow at the Military Institute, who is handling Mosely’s case. “It is a time to honor our heroes, the men and women who drop everything to fight for our country. We honor them not by handing them a pink slip as they are shipped off to combat.”
The advocates are calling on members of Congress to institute a Temporary Early Retirement Program, as they did during the draw-down in the 1990s to offer “pro-rated benefits for those officers who, for one reason or another, fall shy of 20 years in service.”
Chapman also has requested that the Air Force push back the final termination dates until after the holidays. According to Chapman, the Air Force has refused. Mosley and the 156 other majors will be terminated on Nov. 30 unless the Air Force reverses its decision or Congress steps in.
While this is unfortunate for the officers involved, this kind of thing happens all the time. It’s called Force Shaping or Reduction in Force. Hundreds of Air Force airmen, both enlisted and officer, are let go every year for this same reason, all within 6 years of retirement, and lose their pension. This has been going on long before the Obama administration. And like these 157 officers, they are given a substantial severence package. Why is this case so special for this particular group of individuals? Why should they be given all of their retirement when all of the hundreds of others are not? This is common practice for the military to reduce numbers.
February 21, 2012 at 4:37 pm
Do you really think that anyone gave their all in this listing of Federal entitlement agencies that produce squat that is taxable other than their paycheck. Retire the military people now and adjust their retirement accordingly. http://www.usa.gov/directory/federal/index.shtml
February 19, 2012 at 11:15 am
This story is caca. (Plenty of reasons to dislike Obama, but unfortunately this ain’t one.) Major Kale Mosley does not have 19.5 years in and is NOT 1/2 month from retirement. He graduated the AF Academy in 1996, which means at the time he was notified he was being terminated, he had 15 months in. Sanctuary (not being able to be kicked out) is still set at 18 years. He was passed over for promotion to Lt Col twice, which means he was at the bottom 30% of performers in his year group, which means since he pinned on Major, he hasn’t done much anything noteworthy compared to his peers. All his “combat” time as a tanker pilot could very well have occured in his early years, but I don’t want to take away from his service. All too often we have people who pin on Major at their 10yr point and then “check out” and do absolutely jack-squat for 10 years, get passed over but stay in just to collect a retirement. Retirement is not an entitlement program for people who don’t want to give their all and their best, it’s for those who give everything they got for 20 years. It sucks people are getting booted with 15 years in, but these people were passed over for a reason. Some have DUI’s and other unfavorable items in their records. It’s not popular to say, but even among the military, we have our share of “dead weight”.
January 19, 2012 at 7:00 pm
Correction, “he had 15 months in” should say “15 years in”. Figured most people would catch that.
January 19, 2012 at 7:04 pm
If business, private and public, can fire employees while downsizing, the government can do the same thing to the military. They are employees of the government.
January 19, 2012 at 8:47 am
It is time to have the highest level person responsible for this crime to be arrested and tried for at least grand theft or a higher crime that fits the situation. When I retired, 18 years was the magic number to continue to retirement with a clean record. Apparently now, it’s 14 years(within six years). Termination within six months is intolerable and must be corrected. No military officer would do this, so it has to be some higher level moron civilian who knows nothing about military sacrifices. The executive branch had better beware, now the military, whose duty is to protect the American people not the administration is on the side of the American people. Is there any wonder why the Tea Party was formed.
January 13, 2012 at 5:34 pm
I’d hate to have to take orders from Obama!
January 5, 2012 at 5:50 pm
VERY UNFAIR TO OUR MILITARY , SOUNDS LIKE OBAMA MESS ,
December 30, 2011 at 7:02 pm
Show me where Obama game this order! He directed cuts, but show me where he directed the Air Force to do this. From the article “The Obama administration has ordered massive reductions in forces, resulting in many officers who are near retirement being involuntarily separated without retirement or medical benefits,” implies Obama only directed the cuts, but because of the cuts the Air Force decided this was the best course of action.
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Stephen, if they are getting tired of him they haven’t done anything yet to show it. How about a good old military coup??
November 26, 2011 at 10:48 pm
Jon, the grounds for impeachment might be growing by the day but it is going to take someone with a little backbone and a set of nads to start impeachment. I’d say it ain’t gonna happen..
November 26, 2011 at 10:44 pm
Impeachment is not going to happen. That is too mild an action for what he is doing anyway. There will be a revolution if he is re-elected and does not change his ways. Fat chance of that. People are law abiding and are counting on a fair election that will remove him from office. You have the illegal ways he can be re-elected. He and his cohorts in crime know how to accomplish this to ensure a second term. The next way would be with a bullet and from what I have heard from middle clas,s middle aged men I have talked to…need I say more??
January 17, 2012 at 11:14 am
Is the military getting sick enough of this criminal in the white house to help throw that sorry SOB out?
November 26, 2011 at 2:08 pm
Ain’t got it bro I’ll write you a pink slip so you get some free shit from the boss.
November 26, 2011 at 9:54 am
Well, I would say that grounds for Impeaching this president grows by the day!
November 25, 2011 at 11:02 pm