Posted on Jan 27, 2015
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While I thought Jesse Ventura was a giant douche for suing the Chris Kyle estate (I still think Ventura is giant douche) but Terryl Schwalier takes the cake. You were allowed to retire with your one star, after 19 airmen died under your watch!
Should Terryl get a second star, keep his one or what is his proper retired rank?
http://www.militarytimes.com/story/military/2015/01/13/terryl-schwalier-promotion-lawsuit/21688051/
Should Terryl get a second star, keep his one or what is his proper retired rank?
http://www.militarytimes.com/story/military/2015/01/13/terryl-schwalier-promotion-lawsuit/21688051/
Posted in these groups: 
Justice
Promotions
Justice Promotions
Posted >1 y ago
Responses: 7
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- Appears to be a classic case of "pole vaulting over a mouse turd".
- Promotion to a next higher rank is a privilege, not a right. BG Schwalier is not "owed" anything.
- Promotion to next higher rank is based upon potential, not performance. With that stated, evidence of sub performance is a reason to not get promoted.
- For BG Terryl Schwalier to retire as a MG, he would have to serve three years as a MG. Even if he succeeds through the courts to get appointed as a MG he can never retire as a MG. What is the point?
- Officers and NCOs who are on promotion lists can be removed from the list if ethical, moral, legal, or performance issues come to light before actually pinning on the next higher rank. Why would BG Schwalier's case be any different?
- Not sure that I see any systemic issues that pursuing this case will resolve for either DoD or DAF so again, what's the point?
- This occurred in 1997. It is now 2015. Either the justice system is exceedly slow (which it is) or BG Schwalier is going to shop around until he finds a venue that supports his position. I did the same thing with my parents as a child but I grew out of that by about the time I was 12.
- Promotion to a next higher rank is a privilege, not a right. BG Schwalier is not "owed" anything.
- Promotion to next higher rank is based upon potential, not performance. With that stated, evidence of sub performance is a reason to not get promoted.
- For BG Terryl Schwalier to retire as a MG, he would have to serve three years as a MG. Even if he succeeds through the courts to get appointed as a MG he can never retire as a MG. What is the point?
- Officers and NCOs who are on promotion lists can be removed from the list if ethical, moral, legal, or performance issues come to light before actually pinning on the next higher rank. Why would BG Schwalier's case be any different?
- Not sure that I see any systemic issues that pursuing this case will resolve for either DoD or DAF so again, what's the point?
- This occurred in 1997. It is now 2015. Either the justice system is exceedly slow (which it is) or BG Schwalier is going to shop around until he finds a venue that supports his position. I did the same thing with my parents as a child but I grew out of that by about the time I was 12.
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Sgt Aaron Kennedy, MS
COL Smallfield, I thought the serving 3 years was for pay, not for wearing? Retire at highest rank worn, receive pay at last previous 3 years?
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COL Jason Smallfield, PMP, CFM, CM
SGT Aaron Kennedy,
From ARBA (Army Review Boards Agency) website: "In order to be advanced on the retired list to the highest grade held satisfactorily, you had to have actually held that higher grade. Simply stated, you must have been promoted to, paid in that grade, and served at that grade for the required statutory or regulatory time".
I do not know what the required statutory or regulatory time is for a BG or if one standard applies to all ranks or if different time standards apply to different ranks.
In BG Schwalier's case, he never was pinned to MG , paid as a MG or served as a MG.
From ARBA (Army Review Boards Agency) website: "In order to be advanced on the retired list to the highest grade held satisfactorily, you had to have actually held that higher grade. Simply stated, you must have been promoted to, paid in that grade, and served at that grade for the required statutory or regulatory time".
I do not know what the required statutory or regulatory time is for a BG or if one standard applies to all ranks or if different time standards apply to different ranks.
In BG Schwalier's case, he never was pinned to MG , paid as a MG or served as a MG.
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SrA David Steyer
COL Jason Smallfield, PMP, CFM, CM - There was an Air Force Major General, who did not get in trouble as far as I know but they retired as a one star instead of a two star as they didn't serve the full three years. I don't doubt the Army would be any different.
I really wish I remembered the name as the biography made mention they were a two start but retired as a one star. Generally if they got in trouble though they won't have a biography on the AF.mil site if/when they retire.
I really wish I remembered the name as the biography made mention they were a two start but retired as a one star. Generally if they got in trouble though they won't have a biography on the AF.mil site if/when they retire.
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1LT William Clardy
"pole vaulting over a mouse turd"
I'm tucking that one into my "Useful comments for staff meetings" file, COL Jason Smallfield, PMP, CFM, CM .
I'm tucking that one into my "Useful comments for staff meetings" file, COL Jason Smallfield, PMP, CFM, CM .
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I think we let too many people retire with pay and pensions even when they have been proven to do bad things. BG Sinclair anyone?
We should see more forfeiture of benefits, pay, rank, etc for those convicted of crimes.
We should see more forfeiture of benefits, pay, rank, etc for those convicted of crimes.
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COL Jason Smallfield, PMP, CFM, CM
- Sinclair. It did not get much publicity but BG Sinclair retired as LTC Sinclair since that was the last rank at which he honorably served since he started his affair with a junior officer as a COL. An appropriate decision by the SECArmy in my opinion.
- Schwalier. Clarification to CPT Zachary B's point. BG Schwalier was never tried and convicted of a crime. He was denied promotion to MG based upon his actions/inactions prior to the Khobar Towers attack. Forfeiture of benefits, pay, rank should apply to those convicted of crimes, not those who perform poorly at a certain grade. Therefore BG Schwalier retiring as a BG is appropriate in my opinion assuming that he served honorably for three years as a BG.
- Schwalier. Clarification to CPT Zachary B's point. BG Schwalier was never tried and convicted of a crime. He was denied promotion to MG based upon his actions/inactions prior to the Khobar Towers attack. Forfeiture of benefits, pay, rank should apply to those convicted of crimes, not those who perform poorly at a certain grade. Therefore BG Schwalier retiring as a BG is appropriate in my opinion assuming that he served honorably for three years as a BG.
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CPT Zachary Brooks
COL Jason Smallfield, PMP, CFM, CM
Sir, I do recall seeing that, but does he still deserve retirement benefits in the instance of rape? I do not recall if he was convicted of that or not.
Sir, I do recall seeing that, but does he still deserve retirement benefits in the instance of rape? I do not recall if he was convicted of that or not.
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COL Jason Smallfield, PMP, CFM, CM
CPT Zachary B,
According to google search and Wikipedia "On March 6, 2014, Sinclair entered a guilty plea to the lesser charges of improper relationships with two female Army officers, violating orders by possessing pornography in Afghanistan, and conduct unbecoming of an officer. He was found guilty of adultery and inappropriate relationships with two women and fined $20,000 and issued a reprimand." I am not well enough versed in case law history or regulations to know the legal impacts on rank, pay, and benefits. I assume that the judge imposed what he could based upon what the admission of guilt was and what the charges were.
According to google search and Wikipedia "On March 6, 2014, Sinclair entered a guilty plea to the lesser charges of improper relationships with two female Army officers, violating orders by possessing pornography in Afghanistan, and conduct unbecoming of an officer. He was found guilty of adultery and inappropriate relationships with two women and fined $20,000 and issued a reprimand." I am not well enough versed in case law history or regulations to know the legal impacts on rank, pay, and benefits. I assume that the judge imposed what he could based upon what the admission of guilt was and what the charges were.
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MSG Brad Sand
COL Jason Smallfield, PMP, CFM, CM
Nice to know that someone is doing what is right and doing it right...but then again Wikipedia is not the best source?
Nice to know that someone is doing what is right and doing it right...but then again Wikipedia is not the best source?
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Dear Brigadier (and be damned lucky you're not a Colonel) Schwalier.
THIS ONE'S FOR YOU!
THIS ONE'S FOR YOU!
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