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Repealing a demotion

Started by maverik, October 01, 2010, 02:20:17 AM

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NIN

With all due respect to Mr. Yuma, the purpose of demotions are as a progressive discipline tool.  That doesn't mean that the cadet needs to find another organization's door to darken.

WRT to the OP's situation: You're probably not getting the whole story from your buddy.  Nobody wants to admit they're fallible or have failed to do something, so usually you hear "yeah, my boss had it out for me" or "my squad leader is a jerk.." not "They told me how to fix myself and I refused to do it.."

Your friend has remedies available via CAPR 52-16. In theory, if the cadet's commander is out of line (ie. a spurious demotion action) then a well-written appeal letter to the appropriate echelon could result in the reversal of the demotion action.  If, however, the cadet's demotion is warranted, it will be upheld on appeal.

I have demoted cadets in my time as a commander (twice, actually).  Each time was as part of a progressive discipline situation, and neither cadet appealed their demotion. One left CAP during the process and it was probably a good thing.

I have also helped a cadet write an appeal letter to a demotion that was so badly misplaced and poorly executed that it actually resulted in a region level investigation, the firing of a Wing DCP, and contributed to a Wing Commander's early replacement.  (yeah)

That being said, I think most demotions, executed correctly under the provisions of 52-16, are probably justified.  And cadets are not likely to admit to their shortcomings to their peers.    So my outside read is that the OP's buddy is not being completely square as to the reasons for the demotion (a joke & the wrong hat? Please!) and any additional circumstances that may have led up to the demotion. 

If, however, the unit commander "demoted" the cadet on a whim, well, again, there may be sufficient grounds to support a successful appeal, since it probably wasn't executed per the applicable regulations.

The telling factor is this: The cadet says "Oh, I won't appeal this, wing won't buy it anyway.."  Thats tantamount to saying "The demotion was legit and I have no chance to appeal it."

Darin Ninness, Col, CAP
Wing Dude, National Bubba
I like to have Difficult Adult Conversations™
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FlyTiger77

Quote from: Patterson on October 05, 2010, 01:21:34 PM
You can always ask Gen. Stanley McChrystal...... Most if not all of what he said was in humorous chatter with his Officers, and came from a guy who spent how many years at War??  It was taken out of context, written down by an anti-military "journalist" and the President took offense.   

This is further proof, if further proof were actually required, that the military is not a 9-5 job. Soldiers are always "on duty."

Without presuming to know what all went on in GEN McChyrstal's headquarters, from on outsider's perspective, there were certainly issues with command climate, if any of the journalist's attributions were true and I never saw anything disputing the basic veracity of the article. What was most surprising to me was that CENTCOM and GEN McChrystal allowed the Rolling Stone reporter such unfettered access.

What is also interesting is that the President waived the time in grade requirements, which allowed GEN McChyrstal to retire as a GEN (O-10).
JACK E. MULLINAX II, Lt Col, CAP

MSG Mac

Quote from: FlyTiger77 on October 05, 2010, 03:24:05 PM
Quote from: Patterson on October 05, 2010, 01:21:34 PM
You can always ask Gen. Stanley McChrystal...... Most if not all of what he said was in humorous chatter with his Officers, and came from a guy who spent how many years at War??  It was taken out of context, written down by an anti-military "journalist" and the President took offense.   


What is also interesting is that the President waived the time in grade requirements, which allowed GEN McChyrstal to retire as a GEN (O-10).
No, what is interesting is that he wasn't retired at his permenant grade of Major General.
Michael P. McEleney
Lt Col CAP
MSG USA (Retired)
50 Year Member

Johnny Yuma

Quote from: NIN on October 05, 2010, 01:52:02 PM
With all due respect to Mr. Yuma, the purpose of demotions are as a progressive discipline tool.  That doesn't mean that the cadet needs to find another organization's door to darken.

I agree, the assertion I'm making is if a cadet is to the point of losing stripes that cadet needs to start making some choices: Get with the program and back into good graces or end up out of the program one way or another. Hearing this from one of his peers will go farther than hearing it from an adult.

Most of the problem cadets I've seen were kids who didn't want to be in the program who continued to attend for one reason or another. We can do a whole lot more with kids who want to be at the meetings and who want to learn than you can riding herd on one or two who don't.
"And Saint Attila raised the Holy Hand Grenade up on high saying, "Oh Lord, Bless us this Holy Hand Grenade, and with it smash our enemies to tiny bits. And the Lord did grin, and the people did feast upon the lambs, and stoats, and orangutans, and breakfast cereals, and lima bean-"

" Skip a bit, brother."

"And then the Lord spake, saying: "First, shalt thou take out the holy pin. Then shalt thou count to three. No more, no less. "Three" shall be the number of the counting, and the number of the counting shall be three. "Four" shalt thou not count, and neither count thou two, execpting that thou then goest on to three. Five is RIGHT OUT. Once the number three, being the third number be reached, then lobbest thou thy Holy Hand Grenade to-wards thy foe, who, being naughty in my sight, shall snuffit. Amen."

Armaments Chapter One, verses nine through twenty-seven: