Cadets viewing files

[Eclipse]

When you wrestle with a pig, you both get filthy. However, after a while, you come to realize that the pig likes it.

I believe I am muddy enough.

Very nice.  Nothing like an insult to help your case.  This is a legitimate discussion about the nature of "should" vs. "will" in CAP parlance, and is in the end an argument of opinion, which no one can "win".

Both sides of this have legitimate support in their opinion,  however if you don't want to play, there's no reason to make things personal.

[lordmonar]

Neither 10-2 nor 39-2 supports your opinion as a requirement.

10-2 indicates that the cutoff for transfers record retention is 5 years, but it does not require the retention.
(If you keep them, you dump after 5, but you don't have to keep them).

31 Dec
Note: cut off when membership expires or transfers and destroy after 5 years

39-2 specifically delineates "transfers" as different from "failure to renew". 

1-8. Inactive Records.  may request their membership records from the unit. The unit should keep a copy of the former member's personnel record in the inactive file. Members whose membership is not renewed or terminated may request a copy of their membership records from the unit; however, the unit will retain the official records. Records not requested by former members will be removed from the unit's active file and arranged alphabetically in an inactive file. The unit is required to maintain records of former members for 5 years unless otherwise directed by Membership Services (NHQ CAP/LMM). If not requested after the 5th year, records will be destroyed.

Note its says nothing about transfers, and transfers are not "former members".  If they were, and retention was required, when a member transferred and then quit two years laters, every unit they ever touched would have to be notified and the clock restarted on the retention of those records.

Okay...I lied.

Please note how 39-1 defines "former members": Members who transfer, resign, retire, or fail to renew.

You are splitting hairs to say that transferees are NOT former members.  I read it differently.  If you are goint to split hairs that way then you can argue that 39-1 contradicts itself in the same paragraph.

One line says:  The unit should keep a copy of the former member's personnel record in the inactive file.
Then it says: The unit is required to maintain records of former members for 5 years unless otherwise directed by Membership Services (NHQ CAP/LMM).

So is it should or required?

Are transfees considered former members or not?

You are arguing about the should/will wording.....but you completely missed that 39-1 defined the term "former member" in the opening sentance.

[Eclipse]

Are transfees considered former members or not?

You are arguing about the should/will wording.....but you completely missed that 39-12 defined the term "former member" in the opening sentence.

Where does it define a transfer as a former member?

"Members who transfer, resign, retire, or fail to renew..."

The "or" specifically operates failures to renew from transfers, and in the 4 categories created, the only ones which result in a "former member status" are "resign, retire, or fail to renew".  Transferring to another unit does not result in your becoming a "former member".

[FlyTiger77]

...Nothing like an insult to help your case...

Mr. Eclipse,

My intention was not to be insulting. I intended to infer in a colorful yet figurative manner that you seem to relish this activity more than me and I have had my fill.  If, whether intentionally or unintentionally, you understood my meaning literally, then I certainly apologize.

From my perspective, I see no further benefit to this activity as it pertains to "Shall/Should/May" as all those terms are defined in the regulations to my satisfaction. Furthermore, I have a clear understanding of my obligations under the regulations of CAP as it pertains to the retention of personnel folders for members no longer assigned to my unit.


v/r

[lordmonar]

.. I have a clear understanding of my obligations under the regulations of CAP as it pertains to the retention of personnel folders for members no longer assigned to my unit.

+1

[SarDragon]

That was quite a micturition competition. Are we done now?