CAPR 35-8 requires that ALL decisions of the Membership Action Review Panel (formerly the Membership Action Review Board) be published. By not publishing the MARP decisions in public view, the Civil Air Patrol is in direct violation of the CAP Bylaws and Constitution as set forth by the U.S. Air Force.
The termination attempts below and their reversals demonstrate a clear track record of commander whistleblower reprisals in the Civil Air Patrol. Most MARP appeals were declined and the vast majority of the MARP decisions have not been disclosed by CAP corporate headquarters in fear of litigation.
In preparation for the U.S. Air Force Total Force announcement in 2015, CAP commanders dismissed numerous FWA whistleblower complaints and ceased publication of these decisions.
Reversals (10)
• On 2 Aug 2012, 1st Lt Nicole St Pierre formerly of the Arkansas Wing appealed her membership termination alleging it was motivated by retaliation and reached without due process. The termination was initiated on 14 Apr 2011 by Col Lewis D. Alexander, Arkansas Wing Commander, alleging conduct unbecoming a member based on a verbal altercation with the parents of a cadet and leaving cadets without any CAP adult member supervision at the Region Cadet Competition. The termination action was upheld upon appeal by Col Frank A. Buethe, Southwest Region Commander, on 17 Feb 2012. Although the appeal to the MARP did not meet the 60 day from the date of the adverse action requirement, the MARP determined a pending discrimination complaint was a mitigating factor and elected to waive this requirement in accordance with paragraph 1e of CAPR 35-8. The MARP found that the numerous delays in the timeliness of the appeal proceedings resulted in a lack of due process and could be considered a material failure to follow applicable CAP regulations. Based on this, the MARP voted to reverse the termination action and reinstated her membership with credit for the time since termination being given on 22 Apr 2013.
• On 8 May 2012, Capt David Littlefield of the Florida Wing appealed his removal from command of Group 4 alleging the removal was motivated by retaliation. The Florida Wing Commander, Col Michael N. Cook, removed then Maj Littlefield from command on 1 Mar 2012 for not following an order. He subsequently demoted then Maj Littlefield to the grade of Captain on 5 Jul 2012 for abuse of authority. At this time the demotion was added to the MARP appeal. After a review of the appeal materials, the MARP found that the removal from command was inappropriate and was based on what the MARP determined was the improper application of CAP regulations by the Florida Wing Commander and Southeast Region Commander. The demotion action was also deemed to be inappropriate. On 13 Dec 2012, the MARP reinstated the grade of Maj for David Littlefield. Since Group 4 was disbanded by the Florida Wing Commander on 15 Apr 2012, Maj Littlefield could not be reinstated to his command position but the MARP did order his records be amended to reflect that he remained in command of Group 4 through the date of its disbandment.
• On 9 Mar 2012, Capt Garrick St. Pierre of the Arkansas Wing appealed his membership termination alleging a material failure to follow the regulations, a lack of due process and that it was motivated by retaliation. The Arkansas Wing Commander, Col Lewis D. Alexander, initiated the termination action based on misconduct involving leaving cadets at an activity without any CAP adult member supervision. Capt St. Pierre appealed the termination action and on 11 Jul 2011 the Southwest Region Commander, Col Frank A. Buethe, appointed a region appeal board in accordance with CAPR 35-3. On 11 Jan 2012, the Southwest Region Commander notified Capt St Pierre that the appeal board found that the he had violated CAPR 52-4 and his membership was terminated. After a review of the appeal materials, the MARB found that the termination action was not arbitrary or capricious, and was not the result of retaliation. The MARB did find that the Wing Commander abused his authority by waiving the requirements of a regulation he did not have the authority to waive. Additionally he then disciplined the member for acting in reliance on a waiver he improperly granted. The MARB also determined that the Region Commander inappropriately assigned a review board member who was a participant in the activity at which the conduct in question occurred and who was a potential witness to the incident under appeal. The MARB also observed that the Unit Commander recognized that confusion existed during the incident, but failed to take action to clarify the situation, allowing conditions to deteriorate. Based on these findings the MARB overturned the Region Commander’s termination action and reinstated Capt St Pierre’s membership on 23 Jul 2012.
• On 14 Apr 2011, Col Anthony Gagliardi of the Rhode Island Wing appealed his membership termination alleging it was reached without due process and involved a material failure to follow CAP regulations. On 31 Dec 2010, the Northeast Region Commander, reinstated the individual’s position as Wing Commander as well as his membership on 3 Aug 2011.
• On 8 Aug 2010, Col Anthony Gagliardi of the Rhode Island Wing appealed his removal from command and suspension of membership alleging a material failure to follow the regulations and lack of due process. On 6 Aug 2010, Col Christopher J. Hayden, Northeast Region Commander, suspended Col Gagliardi based on information he had received indicating a lack of direction and leadership in the Wing as well as several Inspector General complaints against Col Gagliardi. The MARB determined that the provisions of Section XV of the CAP Constitution and Bylaws had not been adhered to in that prior written notice and the opportunity to correct must be given before gross inefficiency could be used to suspend or remove a Corporate Officer. The MARB reversed the suspension and reinstated Col Gagliardi as the Wing Commander on 31 Aug 2010.
• On 11 Jan 2010, Col John A. Tilton appealed his removal from the position of member-at-large to the CAP Board of Governors alleging a material failure to follow the regulations and lack of due process. Col Tilton was removed from his position by a vote of the National Executive Committee (NEC) on 30 Nov 2009. Since the National Legal Officer also serves as a member of the NEC, Col Tilton asked that he recuse himself from this appeal. On 8 Mar 2010, the MARB met and decided to hear the case. The National Legal Officer appointed Col Theodore A. Chavez to act as the chair for this case only. In reviewing the case, the MARB members discussed the totality of events constituting a lack of due process and material failure to follow regulations. Apparent flaws in the initial vote and process leading up to the vote led to a second vote based on a different charge. Multiple defenses of multiple proceedings on what is essentially the same claim was determined not to be due process. The MARB determined Col Tilton was unable to adequately address the second charge as required by the removal procedures approved by the Board of Governors in 2003. Additionally, the MARB felt there did not appear to be persuasive evidence considered by the NEC to support the charge of loss of confidence in his ability to represent the interest of the volunteers. On 24 Aug 2010, the MARB notified Col Tilton of their decision to reverse the removal action immediately and reinstate him to the Board of Governors. The decision of the MARB was appealed to the Board of Governors which conducted a review and obtained multiple legal opinions. On 20 Dec 2010, the Board of Governors notified Col Tilton that the unanimous conclusion was that the MARB did not have the authority to consider the appeal and declared the MARB’s decision void.
• On 20 Nov 2009, Maj Carolyn Fresneda of the Osceola Cadet Squadron, Florida Wing, appealed her membership suspension and demotion alleging a material failure to follow the regulations and lack of due process. On 26 Aug 2009, Col Christopher S. Moersch, Florida Wing Commander, initiated an investigation concerning a cadet protection complaint against then Lt Col Fresneda. As a result of the findings of the investigation Col Moersch, suspended then Lt Col Fresneda and demoted her to the grade of Major. After initial review, the MARB decided to hear the case. On 20 Feb 2010, Col Moersch asked the MARB to reconsider their decision based on the individual’s failure to request a higher level review of the IG investigation in accordance with the procedures outlined in CAPR 123-2. During the MARB’s investigation of this issue it was determined that the demotion action was completed without the approval of the Region Commander as required by CAPR 35-5, and the action was immediately voided. On 10 Mar 2010, Maj Fresneda was returned to the grade of Lt Col. Since the membership suspension had been previously lifted the case is now closed.
• On 9 Apr 2009, Lt Col Mark Lee, former Pennsylvania Wing Commander, appealed his removal from the position of Wing Commander and his demotion to the grade of Lt Col alleging a material failure to follow regulations and lack of due process. Col Robert Diduch initiated the actions as the Northeast Region Commander stating poor duty performance as the reason for the actions. The MARB decided to hear the case and after reviewing all the information determined that the Northeast Region Commander did not have the authority to extend a Wing Commander’s probationary period; therefore, the normal three-year term of office began in Sept 2008. Since performance deficiencies are grounds for removal after the probationary period, the MARB chose to consider the original extension agreement as notice of performance issues with six months to correct the deficiencies. Since the only deficiencies specifically noted involved Air Force concerns regarding record keeping and proper supervision of equipment under control of the Pennsylvania Wing, the memorandum from the Pennsylvania State Director in Dec 2008 stating there were no discrepancies in equipment documentation and commending the Wing was considered to be evidence that the performance deficiencies had been corrected and removal from office was not warranted. On 9 Jul 2009, the MARB reinstated Col Lee as the Wing Commander for the remaining two years and six months of his term and reinstated the grade of Colonel.
• On 17 Dec 2007, Capt Patrick L. Benoit, Group II, Texas Wing, appealed his demotion to the grade of captain and membership suspension of 60 days stating they were reached without due process and were retaliatory in nature as a result of his resignation as Texas Wing, Deputy Director of Operations. On 31 May 2007, then Col Reggie L. Chitwood, Commander, Southwest Region, initiated the actions based on then Maj Benoit’s insubordination and misconduct in accordance with his distribution of his resignation letter as Texas Wing Deputy Director of Operations. Additionally, on 1 Jun 2007 his emergency services qualifications were suspended until the Texas Wing Commander determined and certified to the Region Commander that his attitude did not pose a safety risk for participating in CAP Emergency Services Operations. Although the membership suspension was completed in Aug 2007, Capt Benoit’s Emergency Services qualifications remained suspended on 1 Nov 2007 when Lt Col Owen Younger, Commander, Group II, Texas Wing, notified him that he had been unable to determine what action needed to be completed to reinstate the Emergency Services qualifications. The MARB decided to hear the case using the 1 Nov date as the end of all administrative/appeal actions. On 3 Jul 2008, the MARB determined that the demotion and membership suspension were not based upon retaliation, lack of due process or a material breach of regulations. They did, however, find that the requirement to re-qualify for his Emergency Services qualifications with only certain personnel was inconsistent with and unduly restrictive when compared to existing regulations. The MARB ruled that Capt Benoit was to be provided with an opportunity to re-qualify/re-certify for the ES ratings with any qualified Emergency Services personnel at the Group or Wing level who were qualified by regulation to evaluate and certify qualifications.
• On 20 Nov 2007, 1st Lt Scott D. Johnson, Group III Headquarters, Minnesota Wing, appealed his membership termination stating that the action was taken in retaliation for filing safety concerns, fraud, waste & abuse and whistleblower complaints concerns with the Minnesota Wing leadership. The termination action was initiated by Lt Col Michael Moen, CAP, Commander, Group III, for conduct unbecoming a member, failure to obey rules, regulations and orders of higher authority and insubordination. Lt Johnson appealed the termination action to the Minnesota Wing. The Appeal Board recommended Lt Johnson’s membership be terminated and Col Stephen G. Miller, CAP, Minnesota Wing Commander, agreed with the recommendation. On 5 Jun 2008, the MARB ruled the termination action was not based upon retaliation but did determine that the termination action was disproportionate to the alleged wrongful conduct measured against the gravity of such an action. The MARB reversed the termination action and Lt Johnson’s membership was reinstated.
• On 3 Jan 2007, Maj Gilbert Day, Arizona Wing, appealed his demotion to the grade of Major alleging that the action was motivated by retaliation, reached without due process, or involved a material failure to follow applicable CAP regulations. Col Ernest Bourgeois, then Commander, Arizona Wing, initiated a request for demotion to the grade of Lt Col based on then Col Day’s behavior during a Wing safety stand down meeting that he believed was unbecoming a CAP member and insubordinate. The request was approved by Col Tom Todd, Commander, Southwest Region with the National Executive Committee approving a demotion to the grade of Major on 3 Nov 2006. The MARB ruled the demotion action was a violation of due process since the action taken exceeded the recommendation and the member was reinstated to the grade of Colonel on 11 Jun 2007.
Declined (24)
• On 20 Jan 2014, 1st Lt Richard Martin appealed his removal from command of the York Composite Squadron, Pennsylvania Wing, and demotion from the grade of Captain by Maj Bret J. Stemrich, Group 4 Commander. On 30 Mar 2014, the MARP declined to hear the case because they did not believe there was credible evidence or documentation within the material submitted that, if true, would establish that the action was motivated by retaliation, reached without due process, or involved a material failure to follow CAP regulations.
• In Nov 2013, 1st Lt Billy Oost appealed his removal from command of the Owensburg Flight by the Col James F. Huggins, Kentucky Wing Commander. On 11 Feb, the MARP declined to hear the case because they did not believe there was credible evidence or documentation within the material submitted that, if true, would establish that the action was motivated by retaliation, reached without due process, or involved a material failure to follow CAP regulations.
• On 28 Jul 2013, Lt Col Gregory L. Matthews appealed his demotion to the grade of Lt Col upon his resignation as Ohio Wing Commander. Col Robert M. Karton, Great Lakes Region Commander, approved the demotion action on 24 Jun 2013. The MARP determined that the filing was timely and complete and alleged that the demotion was capricious and arbitrary and failed to follow applicable CAP regulations and decided to hear the case. After reviewing all the documentation the MARP determined there was no evidence to support Lt Col Gregory’s claim that the Great Lakes Region Commander’s action was motivated by retaliation, arbitrary or capricious, nor did he fail to follow applicable CAP regulations. On 30 Mar 2014, the Region Commander’s decision was upheld.
• On 23 Apr 2013, Maj Danny C. Riggs, appealed his membership termination initiated by Col David G. Lehman, Washington Wing Commander, for conduct unbecoming a member in violation of CAPR 1-1, Ethics Policy, CAPP 50-2, CAP’s Core Values, CAPR 35-3, para 4(b)(2), and CAPR 35-3 para 4(b)(9) failure to obey an order of higher authority. On 25 Feb 2013, Col Larry Myrick, Pacific Region Commander upheld the termination action. On 24 Oct 2013, the MARP declined to hear the case because they did not believe there was credible evidence or documentation within the material submitted that, if true, would establish that the action was motivated by retaliation, reached without due process, or involved a material failure to follow CAP regulations.
On 14 Oct 2010, SM Jeremy Balduc of the Wisconsin Wing appealed his membership termination based on lack of due process. On 11 Apr 2010, Capt Craig Moore, the Eagle River Flight Commander, initiated termination action based on conduct unbecoming a member, making a false statement concerning CAP and failure to obey rules, regulations and orders of higher authority. SM Balduc appealed the termination to the North Central Group Commander and an appeal board was appointed in accordance with CAPR 35-3. On 8 Jul 2010, SM Balduc was notified that the appeal board found that he did make a false statement concerning Civil Air Patrol and his behavior was unbecoming a CAP member, therefore membership termination was warranted. The MARB performed the initial review of the appeal and determined it did not meet the 60 day time period required in CAPR 35-8 since the termination action was completed 8 Jul 2010 and the appeal to the MARB was not made until 14 Oct 2010. The MARB declined to hear the case.
On 6 Oct 2010, Lt Col James Flaviani of the Georgia Wing appealed his membership suspension in excess of 60 days. Lt Col Flaviani was suspended on 30 Jun 2010 by Col Tonya R. Boylan, Georgia Wing Commander, pending an investigation of an allegation of hazing during the Georgia Wing summer encampment and a second incident involving a physical altercation with another senior member. Although the original suspension was for a period of 60 days, the suspension was extended on 29 Aug for an additional 60 day period pending the completion of the investigation. The MARB contacted the Georgia Wing for information concerning the length of time needed to complete the investigation and to determine if there was sufficient need to extend the suspension beyond the normal 60 day period. Upon receiving information from the Wing Commander concerning the complexity of the investigation and the need to interview numerous witnesses in multiple units across the Wing, the MARB determined that suspension was valid and declined to hear the case.
On 24 Jun 2010, Col Peter Jensen of the New Jersey Wing appealed his membership termination alleging it was motivated by retaliation and reached without due process. Col Christopher J. Hayden, Northeast Region Commander, initiated the termination action based on financial irresponsibility and substandard performance of duty over an extended period of time. Col Jensen appealed the termination action and the National Commander appointed an appeal board in accordance with CAPR 35-3. On 1 Jun 2010, Col Jensen was notified by the National Commander that the appeal board had concluded the evidence supported the termination action and his membership was terminated. After a review of the appeal materials, the MARB found that the termination action was not arbitrary or capricious, and was not the result of retaliation. The MARB further found that the termination was not the result of a material breach of regulations such that it was an error which is likely to have caused the commanders to reach a conclusion different from the one the commanders would have reached in absence or cure of the error. The Board further found that due process was observed and the termination action was upheld.
On 24 May 2010, Cadet Olexa Makuch of the Connecticut Wing appealed his membership termination alleging a material failure to follow the regulations and a lack of due process. Col Cassandra B. Huchko, Connecticut Wing Commander, initiated the termination action based on misconduct involving the use of an all-terrain vehicle at a CAP activity. Cadet Makuch appealed the termination action and on 7 Feb 2010 the Northeast Region Commander appointed a region appeal board in accordance with CAPR 35-3. On 2 Apr 2010, the Northeast Region Commander notified Cadet Makuch that the appeal board found that the he had violated the orders of his Squadron Commander as well as lied to the State Trooper investigating the accident and membership was terminated. The MARB reviewed the case and found that the termination action was not the result of a material breach of regulations such that it was an error which is likely to have caused the commanders to reach a conclusion different from the one the commanders would have reached in absence or cure of the error. The Board further found that due process was observed and upheld the termination
• On 12 Feb 2010, Lt Col James L. Nova of the Arizona Wing appealed his membership termination alleging a material failure to follow the regulations and lack of due process. On 17 Dec 2009, then Lt Col Nova was notified that the National Commander had declared his membership null and void based on his failure to continue to meet the initial membership eligibility criteria. In reviewing the information submitted the MARB determined that Nova had been convicted of a felony in federal court and failed to notify CAP of the change to the background information originally submitted on his membership application as required. Since conviction of a felony requires a waiver by the National Commander or Executive Director and the decision on eligibility is final and not subject to appeal, the MARB determined they had no jurisdiction in this matter and declined to hear the case.
(Note: After CAP General Carr became the new CAP National Commander in August 2011, he immediately had Nova reinstated. Nova is currently the CAP National State Legislative Coordinator.)
On 19 Oct 2009, 1st Lt Cheryl Piazza of the Seacoast Composite Squadron in the New Hampshire Wing, appealed her membership termination alleging it was motivated by retaliation. Maj Michael Hall, Commander of the Seacoast Composite Squadron, initiated the termination action based on conduct unbecoming a member of CAP, failure to obey rules, regulations and orders of higher authority, insubordination, and continued membership was adverse to the best interest of CAP. 1st Lt Piazza appealed the termination action and Col Donald N. Davidson, New Hampshire Wing Commander, appointed an appeal board to hear the case. On 20 Aug 2009, Col Davidson notified Ms Piazza that the appeal board had unanimously concluded that the evidence supported the termination action and was being upheld. On 5 Feb 2010, the MARB notified Ms Piazza that the initial review of the appeal found the termination was not arbitrary and capricious, the result to retaliation or lack of due process and declined to hear the case.
On 25 Jun 2009, Capt Charles Farry of the Texas Wing appealed his membership suspension and demotion to the grade of Captain stating that his suspension was in excess of 60 days and the demotion was reached without due process. Col Joe Smith, Texas Wing Commander, suspended then Maj Farry on 5 Mar 2009 in response to a cadet protection complaint. After an investigation the Wing Commander determined that a demotion action to the grade of Captain was warranted and such action was taken upon conclusion of the 60 day suspension period on 5 May 2009. The MARB could find no evidence supporting the claim that the suspension was greater than 60 days and refused to hear that part of the case. They did determine that they would consider an appeal on the limited question of whether there was sufficient information available to the Texas Wing Commander in Apr 2009 to justify a reduction in grade at the conclusion of the suspension. Capt Farry failed to respond to the Texas Wing Commander’s response to the appeal and the MARB had no choice but to review the case with the information at hand. On 8 Mar 2010, the MARB determined that there was no evidence to support the claim that the demotion action was an act of retaliation or the result of a material breach of regulations or lack of due process. The demotion action was upheld.
On 12 Nov 2008, Lt Col William R. Breeze, formerly of the Keystone Heights Flight, Florida Wing, appealed his membership termination stating material failure to follow the regulations in regards to the appeal process. Lt Col Breeze’s membership termination took place in Sept 2005; therefore, this appeal did not meet the requirement established in CAPR 35-8 to appeal within 60 days of the final adverse action and on 15 Dec 2008 the MARB declined to hear the case.
On 7 Sept 2008, SM Darrell Tippler, formerly of the Capitol City Composite Squadron, Louisiana Wing, appealed his membership termination stating there was a material failure to follow the regulations in regards to the appeal process. 1st Lt Suellen A. Yglesias initiated the termination action against SM Tippler for habitual failure to perform duty, conduct unbecoming a member of CAP, substandard performance of duty over an extended period of time and insubordination. SM Tippler’s attempt to appeal the action was untimely under CAP regulations; however, SM Tippler alleged that he was covered under the Louisiana Code of Ethics for State Employees and should have been granted a different appeal period. It was determined that the Louisiana statues and regulations cited by SM Tippler did not grant him rights in addition to those found in CAP regulations and the MARB declined to hear the case on 25 Feb 2009.
On 18 Jun 2008, Maj Charles Farry, of the Thunderbolt Composite Squadron, Texas Wing, appealed his membership suspension in excess of 60 days as a material failure to follow regulations as well as retaliation and reprisal. Col Joe Smith, Texas Wing Commander, suspended Maj Farry pending an investigation in accordance with CAPR 52-10. On 19 Nov 2008, the MARB notified Maj Farry that it declined to hear the case.
On 2 Jun 2008, 1st Lt David A. Alvord, formerly of the Central Fellowship Christian Academy Cadet Squadron, Georgia Wing, appealed his membership termination stating the appeal process was not conducted in accordance with CAP regulations. 1st Lt Alvord’s membership termination action was completed in Aug 2007. Since this appeal did not meet the requirement established in CAPR 35-8 to appeal within 60 days of the final adverse action, the MARB declined to hear the case on 3 Jul 2008.
On 22 May 2008, 1st Lt Jeffrey Porter, Green River Composite Squadron, Washington Wing, appealed his demotion to the grade of First Lieutenant as well as his removal from the position of Wing Counterdrug Officer based on a material failure to follow the regulations. The Washington Wing, Col David E. Maxwell, initiated the termination action against then Capt Porter for serious or willful violations of CAP regulations or directives. The member appealed the termination and Col Ernest C. Pearson, Pacific Region Commander, appointed an appeal board. The appeal board recommended his membership be retained, but that the member not be reappointed as the Wing Counterdrug Officer and a reduction in grade would be appropriate. The Pacific Region Commander concurred with the Appeal Board’s recommendation. On 3 Jul 2008, the MARB determined that removal from the position of Wing Counterdrug Officer was not a final adverse action within the jurisdiction of the MARB. In addition, the MARB found that the demotion action was not arbitrary or capricious, was not the result of retaliation or the result of a material breach of regulations and the action was upheld.
On 8 Feb 2008, Lt Col Robert Davenport, Cloverfield Composite Squadron, California Wing, appealed his membership termination and demotion to the grade of Senior Member stating they were reached without due process and the result of retaliation. The membership termination action was initiated by Maj Saman Seneviratne, for serious and willful violations of CAP regulations or directives; failure to obey rules, regulations and orders of a higher authority; insubordination; and conduct unbecoming a member of CAP. The action was appealed to the Los Angeles County Group 1 Commander, Lt Col Valerie G. Hanley. An appeal board was appointed and Lt Col Hanley upheld the Board’s recommendation to terminate Lt Col Davenport’s membership and demote him to the grade of Senior Member. On 22 Oct 2008, the MARB determined that the actions were not reached without due process or motivated by retaliation and upheld the Group Commander’s decision.
On 15 Oct 2007, Col Jesus Muniz appealed his removal as California Wing Commander and his demotion to the grade of Lt Col alleging that the action was motivated by retaliation. On 10 Sept 2007, Col Ernest C. Pearson, Pacific Region Commander, removed Col Muniz from the position of Wing Commander based on unsatisfactory performance and requested his grade revert to Lt Col. Since Col Muniz was within his one year probationary period as Wing Commander, on 1 Aug 2008, the MARB ruled that the removal from command and reversion to the grade of Lt Col were not motivated by retaliation nor arbitrary or capricious. The MARB upheld his removal from command and his demotion to Lt Col.
• On 22 May 2007, Lt Col Virginia M. Nelson, California Wing, appealed her removal from the office of California Wing Commander and demotion to the grade of Lt Col. Maj Gen Antonio J. Pineda, National Commander, initiated the adverse actions based upon poor duty performance. Lt Col Nelson withdrew her request to be reinstated as Wing Commander and only the demotion action was considered by the MARB. The MARB ruled that the demotion was not the result of retaliation or the result of a material failure to follow regulations and the demotion action was upheld on 14 Sept 2007.
• On 18 Apr 2007, Capt Gerald Salisbury, Springfield Regional Composite Squadron, Missouri Wing, appealed his membership termination action alleging the action was based on a material failure to follow applicable CAP regulations. 1st Lt Raun L. Hamilton, Commander, Springfield Regional Composite Squadron initiated the termination action for serious or willful violations of CAP regulations or directives. Capt Salisbury appealed the termination action and Maj Edward J. Leonard, Group V Commander, upheld the termination action based upon the recommendation of the appeal board. The MARB ruled the termination was not motivated by retaliation nor arbitrary or capricious and the termination action was upheld on 14 Sept 2007.
• On 5 Apr 2004, Col Phillip S. Groshong appealed his removal from the position of Pacific Region Commander by CAP National Commander Maj Gen Richard L. Bowling. Gen Bowling removed Col Groshong for two instances of misconduct, pursuant to Constitution Article XV, Paragraph 3. The first instance of misconduct was stated to be improper interference in the affairs of another Region by personally investigating the circumstances surrounding the removal of a Wing Commander from command, despite repeated orders not to. The second instance was stated to be improperly furnishing confidential information about applicants for the CAP Board of Governors to a person who was not a member of the CAP National Executive Committee. Col Groshong, while neither admitting nor denying his alleged actions, argued that they were not “misconduct” sufficient to justify removal from command. In upholding Gen Bowling’s removal of Col Groshong as Pacific Region Commander, the MARB determined the evidence supported Gen Bowling’s allegation that Col Groshong improperly interfered in the affairs of another Region and concluded that such interference constituted misconduct justifying removal from office. The MARB upheld Col Groshong’s removal. It also determined there was insufficient evidence to conclude that the confidential information about the CAP Board of Governors applicants was provided by Col Groshong to a person who was not a member of the CAP National Executive Committee.
• On 4 Nov 2003, Col John R. Buschmann’s appeal alleged he was removed from the position of Colorado wing commander in retaliation for publishing a wing supplement to a CAP regulation. He also alleged the decision was “arbitrary,” as defined in CAPR 35-8, Para. 2.a., and the removal from office was without cause, thereby materially failing to comply with CAP Constitution, Article XV, Para. 3. The MARB concluded that Col Lynda C. Robinson, Rocky Mountain Region commander, had given Colonel Buschmann a legal order to rescind the wing supplement. It further found that Colonel Buschmann failed to acknowledge her order or advise her within a reasonable period of time he would comply. The MARB also concluded that the colonel actions amounted to insubordination, which constituted misconduct under Article XV, Para. 3 of the constitution. Having determined there was no retaliation, and that Colonel Robinson’s actions provided due process and were in accordance with applicable CAP regulations, the MARB denied Colonel Buschmann’s requested relief.
• On 17 Oct 2003, Lt Col Aric Hall appealed his membership termination on the grounds it was motivated by retaliation, reached without due process, or involved a material failure to follow applicable CAP regulations. The MARB found there was no evidence submitted to support the claim the termination was motivated by retaliation or involved a material failure to follow CAP regulations. The MARB reviewed a partial transcript of Mr. Hall’s termination appeal board hearing. After determining that Mr. Hall had ample opportunity to confront and ask questions of the wing commander, who approved his membership termination, the MARB concluded that Mr. Hall’s claim the termination was reached without due process was without basis. The MARB upheld Mr. Hall’s membership termination
• On 24 Aug 2003, Capt Mark Grant appeal alleged he was suspended for a period in excess of 60 days, was prohibited from holding the position of legal officer at any level within CAP, and was demoted from major to captain. No specific regulation was cited. Para. 5a of CAPR 35-8 defines the membership actions over which the MARB has jurisdiction to hear appeals. A prohibition from holding a specific position in CAP does not fall within the definition of a “final adverse personnel action” over which the MARB has jurisdiction. The MARB, however, rejected Captain Grant’s argument that a prohibition from holding a specific position is, in itself, a partial membership suspension. The MARB determined that Captain Grant’s suspension was in excess of 60 days, but was an automatic suspension upon notification of membership termination proceedings pursuant to Para. 6.a.1. of CAPR 35-1. Under that provision, the suspension is not limited to 60 days, but is effective until the termination action is concluded. The MARB further examined evidence that the demotion was recommended by a wing demotion board after Captain Grant’s termination appeal board recommended against his termination. The MARB found that the demotion board had at least three specific, non-retaliatory reasons for recommending demotion and, therefore, the claim that the wing commander demoted Captain Grant in retaliation could not be sustained. The MARB upheld the demotion.