More Civil Air Patrol Member Termination Reversals

Civil Air Patrol SucksCivil Air Patrol's Rocky Mountain Commander Lynda C. Robinson

by Ten Point Elk | AuxBeacon News Contributor

[Editor’s Note: This reader seems to understand what is going down in Civil Air Patrol and what kind of information we need in comments and contact reports in order to publish and update the puzzle pieces. We will add this reversal and some of the other cases provided to our MARP reports page. Thank you for your contribution.]

CAP Members and AB Readers:

I recently came across your website and I also agree with your conclusion that Civil Air Patrol attorneys, PAOs and sometimes even cadets are acting to remove important negative information about the organization from the internet. Stories of CAP suicides, pedophiles, theft and fraud are disappearing and it really does appear that your site may be the last one standing to preserve them. Prospective cadets and their parents need to beware.

One small way I could help you might be to add to your Civil Air Patrol Membership terminations and reversals report. I was a member of Colorado Wing Civil Air Patrol in the early 2000s when Capt Robert J. Machacek appealed his membership termination. You can read all about how the MARP reversed that termination here [link redacted]. You can find some photos that might be useful here [link redacted].

This case was the 4th of 2004 and the MARB findings were as follows:

Case 04-04: Capt. Robert J. Machacek of the Colorado Wing appealed his membership termination.

He alleged the action was taken in retaliation for failure to surrender a CAP-owned camera to the Colorado wing commander Donald G. Cortum, and was the result of prejudicial errors arising out of material failures to follow applicable CAP regulations and violation of due process because of lack of independence of the appeal board.

The MARB found the termination was based on Captain Machacek’s cancellation of a Western Area Defense Sector mission assigned by the CAP National Operations Center one day before the mission was to be flown and the manner in which the mission was cancelled. The MARB determined the camera had nothing to do with the membership termination and there was no evidence of retaliation.

However, the MARB reinstated Captain Machacek’s membership based on the lack of independence of the appeal board and an adverse personnel action that was so disproportionate to the alleged offense as to violate due process. The lack of independence was due to the appointing authority, Rocky Mountain Region commander Col Lynda C. Robinson, assigning HER vice commander and chief of staff to be two of the three members of the appeal board.

At the time Civil Air Patrol regulations required that final MARB decisions, including the names and units of the parties, a brief description of the case and the decision shall be published periodically in the Civil Air Patrol News. Names of cadets were withheld from publication.

What I want to point out to your readers is how dirty the Civil Air Patrol is in that they publish the name of the man, Captain Machacek, who was found to be justified in appealing his membership termination, but protected the names of the dirty region commander and wing commander who appear to have tried to stack the deck against him. [Editor’s note: The names in bold above have been added, whereas the original MARB/MARP report in CAP-NEWS did not share them.]

Civil Air Patrol Sucks

The original text of Machacek’s reversal omitted names of offending commanders

I don’t believe anything that comes out of past Civil Air Patrol Membership Action boards or panels and neither should you. Your story on Postl ticked me off so much I created a meme for you to add [link redacted].

Civil Air Patrol Meme: John Postl Tongue Stud MARP

Civil Air Patrol Meme: John Postl Tongue Stud MARP

Ten Point Elk

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2 Comments on "More Civil Air Patrol Member Termination Reversals"

  1. I like that these CrAP people are finally being called out and exposed. When I was a cadet, no-one would have dared tried to do what you are doing.

  2. Avatar Valdawn Hope | February 9, 2019 at 12:42 | Reply

    Why don’t you report on the next case that year? That one shows how slimy and twisted the regulations can become to prevent any true oversight of the ignorant, knuckle-dragging megalomaniacs that Civil Air Patrol tends to breed.

    Case 04-05 – Second Lieutenants [redacted] and [redacted], Louisiana Wing, appealed their demotions from captain to second lieutenant, their involuntary reassignment from LA-093 (Pontchartrain Composite Squadron) to LA-000 (Louisiana Ghost Squadron), and certain restrictions in their CAP participation and duty assignments. These actions were taken by the wing commander, [Col Rodney W. Ammons], who was the appeal authority for a membership termination action initiated by the squadron commander at the direction of the wing commander, for allegedly improper actions taken at a wing conference when Lieutenants [redacted] encountered cadets who had been drinking.

    The actions were taken because the appeal board appointed by the wing commander did not concur in the membership termination. The [redacted] alleged that the actions were taken in retaliation and that the appointment of the wing commander as the appeal authority for an action taken at his direction, violated due process. The MARB noted that there is no restriction in CAP regulations to preclude a wing commander from instructing a squadron commander to take an adverse membership action and then be the appeal authority in the same action. Thus, there was no violation of due process or substantial violation of CAP regulations in the appointment of the appeal authority. There was no indication of retaliation.

    The facts were not in dispute and, based on the facts presented, the MARB concluded there was no basis for an adverse membership action. Having jurisdiction only over adverse membership actions, as defined in CAPR 35-8, the MARB reversed the demotions, but had no authority to address the other personnel actions taken by the wing commander.

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