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If a high ranking military official resigns in protest does he/she forfeit

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merbex Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Apr-14-06 04:33 PM
Original message
If a high ranking military official resigns in protest does he/she forfeit
their government pension?

The spin I'm seeing now on Hardball with guest, Tommy Franks was essentially - well they(6 generals) didn't speak out when they were serving active duty

Another thing, my mother who is 78 years old says in her life she has never seen this many generals calling for a Secretary of Defense's resignation. Unheard of. And it doesn't matter if they are retired or not.
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fooj Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Apr-14-06 04:34 PM
Response to Original message
1. Once a General...always a General.
Retirement doesn't diminish their position one iota.
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flamin lib Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Apr-14-06 04:37 PM
Response to Original message
2. I don't know about the pension, but if I were in that position
with many years invested in my career, loyalty to the people serving under me and the knowledge that the son of a bitch can't be re-elected I'd have to play the better part of valor and wait to fight again another day under another President.

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Neil Lisst Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Apr-14-06 04:44 PM
Response to Original message
3. no, their pension is earned based upon years service
Edited on Fri Apr-14-06 05:04 PM by Neil Lisst
as long as they have at least 20 years in, I believe

used to be 20, but I don't know for sure it still is
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demosincebirth Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Apr-14-06 04:55 PM
Response to Original message
4. They've earned that pension I don't think they can take
it away.
I don't know if there is anything like "being vested" in the military
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FloridaPat Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Apr-14-06 04:57 PM
Response to Reply #4
6. You have to have 20 years to retire. 19 gets you nothing.
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FloridaPat Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Apr-14-06 04:56 PM
Response to Original message
5. If they're not retired before then, yes. Especially if say a dishonorable
discharge because they said bad things about the idiot in chief.
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peacebaby3 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Apr-14-06 05:00 PM
Response to Original message
7. Well, my husband isn't a Gen., but if he resigned in protest he would
lose his pension. Resigning in protest would be rather stupid. It would be much better to retire or resign and then speak out in protest because while you are still in, your life is basically still in their hands.

My husband was threatened because of what I said and my activities so I can only imagine if he did anything in public while still active duty. Here's why...the UCMJ:

888. ART. 88. CONTEMPT TOWARD OFFICIALS

Any commissioned officer who uses contemptuous words against the President, the Vice President, Congress, the Secretary of Defense, the Secretary of a military department, the Secretary of Transportation, or the Governor or legislature of any State, Territory, Commonwealth, or possession in which he is on duty or present shall be punished as a court-martial may direct.

889. ART. 89 DISRESPECT TOWARD SUPERIOR COMMISSIONED OFFICER

Any person subject to this chapter who behaves with disrespect toward his superior commissioned officer shall be punished as a court-martial may direct.

890. ART. 90. ASSAULTING OR WILLFULLY DISOBEYING SUPERIOR COMMISSIONED OFFICER.

Any person subject to this chapter who--

(1) strikes his superior commissioned officer or draws or lifts up any weapon or offers any violence against him while he is in the execution of his officer; or

(2) willfully disobeys a lawful command of his superior commissioned officer; shall be punished, if the offense is committed in time of war, by death or such other punishment as a court-martial may direct, and if the offense is committed at any other time, by such punishment, other than death, as a court-martial may direct.

891. ART. 91. INSUBORDINATE CONDUCT TOWARD WARRANT OFFICER, NONCOMMISSIONED OFFICER, OR PETTY OFFICER

Any warrant officer or enlisted member who--

(1) strikes or assaults a warrant officer, noncommissioned officer, or petty officer, while that officer is in the execution of his office;

(2) willfully disobeys the lawful order of a warrant officer, noncommissioned officer, or petty officer; or

(3) treats with contempt or is disrespectful in language or deportment toward a warrant officer, noncommissioned officer, or petty officer while that officer is in the execution of his office; shall be punished as a court-martial may direct.

892. ART. 92. FAILURE TO OBEY ORDER OR REGULATION

Any person subject to this chapter who--

(1) violates or fails to obey any lawful general order or regulation;

(2) having knowledge of any other lawful order issued by any member of the armed forces, which it is his duty to obey, fails to obey the order; or

(3) is derelict in the performance of his duties; shall be punished as a court-martial may direct.

And for those that always ask why he didn;t just refuse to go or not show up?

885. ART. 85. DESERTION

(a) Any member of the armed forces who--

(1) without authority goes or remains absent from his unit, organization, or place of duty with intent to remain away therefrom permanently;

(2) quits his unit, organization, or place of duty with intent to avoid hazardous duty or to shirk important service; or

(3) without being regularly separated from one of the armed forces enlists or accepts an appointment in the same or another on of the armed forces without fully disclosing the fact that he has not been regularly separated, or enters any foreign armed service except when authorized by the United States; is guilty of desertion.

(b) Any commissioned officer of the armed forces who, after tender of his resignation and before notice of its acceptance, quits his post or proper duties without leave and with intent to remain away therefrom permanently is guilty of desertion.

(c) Any person found guilty of desertion or attempt to desert shall be punished, if the offense is committed in time of war, by death or such other punishment as a court-martial may direct, but if the desertion or attempt to desert occurs at any other time, by such punishment, other than death, as a court-martial may direct.

886. ART. 86. ABSENCE WITHOUT LEAVE

Any member of the armed forces who, without authority--

(1) fails to go to his appointed place of duty at the time prescribed;

(2) goes from that place; or

(3) absents himself or remains absent from his unit, organization, or place of duty at which he is required to be at the time prescribed; shall be punished as a court-martial may direct.

887. ART. 87. MISSING MOVEMENT

Any person subject to this chapter who through neglect or design misses the movement of a ship, aircraft, or unit with which he is required in the course of duty to move shall be punished as a court-martial may direct.

<http://www.military-network.com/main_ucmj/SUBCHAPTERX.html>

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merbex Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Apr-14-06 05:18 PM
Response to Reply #7
10. Thanks for the info and your husband's service n/t
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peacebaby3 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Apr-14-06 05:21 PM
Response to Reply #10
11. Thanks for your comments! n/t
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tabasco Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Apr-14-06 05:08 PM
Response to Original message
8. The only way for an officer to lose a pension
Edited on Fri Apr-14-06 05:08 PM by tabasco
is to get court-martialed.

At 20 years, you get a 50% pension and it increases every year to 30 years, when you get 100% of your active duty pay.

Resigning after 20 years just means you get the pension at whatever years of service you are at.

I hate Tommy Franks' guts. He knows that once a superior has made a decision and given you a (legal) order, you are supposed to shut your mouth and do your best to accomplish the mission. Franks probably hates these guys because they know what an incompetent idiot and ass-kisser he is.

Tommy Franks knew about the Al-qaa qaa depot and other weapons depots before the invasion of Iraq. He still left them unsecured, handing over hundreds of tons of high explosives to the insurgents. Franks was in such a hurry to seize the airport and declare victory, he couldn't be bothered with such small items. He bailed out on his command just as he placed them in great danger. Tommy Franks is a coward. A very incompetent coward. So of course, Bush gives him a Freedom Medal :wtf: an award supposed to be for civilians!
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merbex Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Apr-14-06 05:17 PM
Response to Reply #8
9. Thanks for the info n/t
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peacebaby3 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Apr-14-06 05:25 PM
Response to Reply #8
12. Exactly and that is of "base pay" which is a good bit lower than regular
Edited on Fri Apr-14-06 05:26 PM by peacebaby3
pay. Retirement pay is probably not too bad for a Gen with at least 20 years in, but for an enlisted or lower ranking officer, 50% of base pay minus taxes isn't even close to enough to live on. It will be nice, but my husband will have to get another job and I will have to continue to work as well so it's not really retirement.

I don't want to come across as complaining though, because there are many, many people in this country and definitely in the world who would be thrilled to have what we have.

Edit: typo
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