If you were faced with a Form 2B...

Started by The CyBorg is destroyed, April 07, 2012, 11:15:10 PM

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What would you do?

Say "if you want a fight you've got it" and hire a lawyer, call elected officials, etc.
9 (14.5%)
Depends on what the charge is
29 (46.8%)
Say "it's not worth it just to be in CAP" and let your membership lapse
5 (8.1%)
Say "I've had enough" and tell the IG, Wing CC, etc. exactly what you think and leave
2 (3.2%)
Let "the system" take its course
17 (27.4%)

Total Members Voted: 62

The CyBorg is destroyed

One of my biggest peeves about CAP is the abuse of the 2B process by people who just don't like the member in question and want him/her OUT.

Thank God, I have never been on the receiving end of one, but I know all too many people who have, including a Chaplain who only escaped it by having officers higher up overrule it.

I know that there are supposed to be strict guidelines on how it's implemented.  However, the real world often runs differently.
Exiled from GLR-MI-011

RADIOMAN015

I think most adults are going to evaluate exact what was the cause for this and is it worth the fight to stay in the organization.

Frankly, I think the regulation is poorly written, in most instances there needs to be a formalized counselling'disciplinary system BEFORE 2B initiation to include, oral counselling, written counselling/warning, suspension (with improvement plan upon return), and than if all else fails 2B (removal from membership).     BTW I don't mean letters of admonishment or reprimand, the formal counselling should be very specific as to the issues and the member along with the leadership should come up with an improvement plan.   IF the member improves, than the record needs to reflect this also.    Additionally, these records need to have a very specific retention period.  I would think not more than 3 to 4 years, without another incident results in destruction of the documentation/no record.  It shouldn't be forever in a members record >:(  There should be no secret personnel records that the member is not aware of.
RM     

Major Lord

Hey, if you get 2B'd because you write a NSF check to CAP, or something otherwise harmless, pursue the review while admitting your actual culpability and asking for forgiveness. If you get a 2B because they say you molested a kid, sold drugs, lent your ID card to an Al Quaida' member, or something that is really egregiously criminal, go immediately to lawyer, do not pass go. ( unless you are guilty, in which case, Washington could use a man like you!) Don't talk to anyone in CAP once that bullet has been fired, you can't win on CAP's terms. You can't afford to have something like that follow you around, even if you are assured of confidentiality.

Major Lord
"The path of the righteous man is beset on all sides by the iniquities of the selfish and the tyranny of evil men. Blessed is he, who in the name of charity and good will, shepherds the weak through the valley of darkness, for he is truly his brother's keeper and the finder of lost children. And I will strike down upon thee with great vengeance and furious anger those who would attempt to poison and destroy my brothers. And you will know my name is the Lord when I lay my vengeance upon thee."

lordmonar

Fight it is the closest to what I would do.  I would not lawer up or call my elected officals.

The only way to stop the abuse is to use the system to its fullest. 

If you are truely innocent.....then in the end the abusers look stupid and you win.

PATRICK M. HARRIS, SMSgt, CAP

NIN

Quote from: CyBorg on April 07, 2012, 11:15:10 PM
One of my biggest peeves about CAP is the abuse of the 2B process by people who just don't like the member in question and want him/her OUT.

Thank God, I have never been on the receiving end of one, but I know all too many people who have, including a Chaplain who only escaped it by having officers higher up overrule it.

I know that there are supposed to be strict guidelines on how it's implemented.  However, the real world often runs differently.

I've been threatened with a 2B on more than one occasion, both as a cadet and senior, and I've been either on the periphery of or initiated a couple-three others.

They're never pretty.  However, my rule for a termination was that I needed to have a clear cut violation of the regs, or an pattern of progressive discipline and failure to comply (ie. you've told someone the expected behavior/course of action, they refused to follow, you did it in writing, they again refused, etc). 

Its when you launch in to "he said, she said" in the course of a termination that you get issues.

If you cannot explain in about a paragraph a really, really clear explanation of why the member needs to be terminated, maybe you should consider a different course of action.   Like "Member was warned that he should not do [action] anymore. He refused to comply to the verbal order. He was counseled in writing twice that he should not do [action].  He agreed, yet continued.  Termination is the only remaining option."

My unit commander WIWAC threw me under the bus with our group commander over a recruiting event that netted us about 15 cadets out of a school that was nominally an adjacent squadron's recruiting area.  In giving us permission to conduct the recruiting, he said "Well, technically this is that unit's area, but go ahead."  When the other commander complained that we'd poached cadets from his recruiting area, my commander told the group commander "I had no idea they were doing this. They did it on their own, without permission."  I got a serious butt chewing from the group CC and was threatened with termination.    I was, however, able to corroborate my story with others in the room, who willingly supplied their recollection of the event. The group commander fired my squadron commander for lying to him.  Bad news, but we dotted our i's and crossed our t's with our CO.

That 2B wouldn't have ever flown, as it was predicated on bogus information.  That would have come out in the appeal, in any event.

If a 2B is being handled wrongly (against the regs, collusion between the appeal board and the terminating echelon, etc), you likely have a very good IG complaint or MARB appeal.

I hear all the time about someone being supposedly railroaded out of CAP on "false charge".  I don't think I've ever heard of someone being successfully terminated where, once all the facts were known, it was a bad 2B.

Remember, there are two sides to every story.  I know a guy who got busted for stealing from his employer and was allowed to participate in a state's sort of "be good for 2 years and this will go away" program.  He tells everybody "the charges were dropped." No, dude, they weren't dropped, they were set aside for 2 years.  Get a speeding ticket and you're on the hook for theft as well. 

But everybody believes what he says because he's the only one out there putting out the story. His former employer and some associated parties have kept their mouths shut (and rightly so), but a gent wrote an article for publication that tells their side of the story and integrates the state's attorney, the local PD, etc and oh, whoops, lookie: charges not dismissed.

:)

So just remember: when you hear someone gets railroaded, be sure you know both/all sides before you make a decision.


Darin Ninness, Col, CAP
I have no responsibilities whatsoever
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FW

I've never have been worried about the "2b" process. I've never been faced with one nor have I ever needed to start one on a member.  Terminating a membership is the last step in a long process of "adverse actions" taken over time.  I do find it amazing, however, many commanders use this as the only means of adverse action. Usually, when this is the case, the action is reversed on appeal or, after a MARB review. 
One thing that would make life simpler for everyone; a member "adverse action guide".  It would help all concerned get thru disiplinary procedings a bit smoother.

CAPC/officer125

I think I would fight it, but as a few others have said, not lawyer unless it is a wrongful termination issue.

I have been threatened by another cadet with going through the channels and getting me 2b'd for some ridiculous reason (I don't even remember what it was, it's been so long). This cadet's "complaint" was just brushed to the side though due to the fact he 1)went the wrong way through the channels (jumped squadron level and handed his form or recommendation directly to the Wing IG when he was there for the Squadron Inspection) and 2) his behavior (at wing and squadron level) was one that already had him on the "bad list" at the wing level. Someone told me about the situation after the fact and didn't surprise me.
C/LtCol Priscilla (Pat) Temaat
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Earhart #14523
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Eclipse

Quote from: lordmonar on April 08, 2012, 02:17:12 AM
Fight it is the closest to what I would do.  I would not lawer up or call my elected officals.

The only way to stop the abuse is to use the system to its fullest. 

If you are truely innocent.....then in the end the abusers look stupid and you win.

+1

"That Others May Zoom"

Extremepredjudice

Quote from: CAPC/officer125 on April 08, 2012, 03:47:39 AM
I think I would fight it, but as a few others have said, not lawyer unless it is a wrongful termination issue.

I have been threatened by another cadet with going through the channels and getting me 2b'd for some ridiculous reason (I don't even remember what it was, it's been so long). This cadet's "complaint" was just brushed to the side though due to the fact he 1)went the wrong way through the channels (jumped squadron level and handed his form or recommendation directly to the Wing IG when he was there for the Squadron Inspection) and 2) his behavior (at wing and squadron level) was one that already had him on the "bad list" at the wing level. Someone told me about the situation after the fact and didn't surprise me.

IGs aren't in the CoC. You can file a report at any level. I don't know about at an inspection, though.



I love the moderators here. <3

Hanlon's Razor
Occam's Razor
"Flight make chant; I good leader"

abdsp51

The IG is  a tool yes but should be used if the CoC is unable to rectify or is the problem and shouldn't be used as an initial avenue for complaints.

RiverAux

Quote from: lordmonar on April 08, 2012, 02:17:12 AM
Fight it is the closest to what I would do.  I would not lawer up or call my elected officals.

Same here assuming it is some sort of bogus charge. 

Private Investigator

In my experiences most problems start as a personality clash. If Tom as Squadron Commander sat down with Dick and Harry they could resolve their problem and/or issue. Of course if the problem is the Squadron Commander then that is another issue.

AngelWings

I'd fight the 2B down to the bitter end, and bring down the person who put it on me if possible.

Major Carrales

I think the 2B should only be used for the most extreme cases and not light-handedly.   Commanders that use it to "brow beat" and for the most trivial or "I don't like you" kind of way are doing the system a disservice.

"We have been given the power to change CAP, let's keep the momentum going!"

Major Joe Ely "Sparky" Carrales, CAP
Commander
Coastal Bend Cadet Squadron
SWR-TX-454

EMT-83


abdsp51

I the IG process is a tool not the person...

Phil Hirons, Jr.


EMT-83

I've been waiting for you to jump in Phil.

abdsp51

Ugh that was suppose to say "The IG" not anything else, what I get for trying to type and not having caffeine in my system.

Robert Hartigan

In my opinion, it is a real shame that the organization's corporate culture is such that new members know the form number to terminate membership before they know the form number to decorate a member for significant service.

In my  opinion, this has been a problem for ages. For example, the cadet that served as the recruiting office of the first unit I joined actually had the form number on an orientation phase quiz. Another example, I have been in the room when a commander has leveled the threat of termination against everyone if they did not comply with his instructions (In my opinion, a stellar example of how not to lead).

It has been my experience that the termination form and/ or its threatened use is a political weapon. If it was used correctly there would be no need for a MARB.
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