[Editor’s Note: We received this yesterday and verified the claim with a CAP member. According to page 10 of the CAP Constitution and Bylaws, the rules of practice and procedure, as well as all decisions of the Membership Action Review Panel, shall be published.]
I do not write well and have no time, so I will be quick.
We recently got to witness some pretty damn vulgar language hurled at your team’s exposure efforts on CAP-USAF corruption in the public forum last week. Do not allow this “government cheese seeking mob” to deter you.
My CAP squadron knew NOTHING about these CAP fraud and abuse stories in Hawaii, Georgia, Florida, Rhode Island and Oklahoma Wings. Now we know. Clearly, CAP National and its fast-promoted-attorneys are deliberately blocking this information from its members and from the Air Force to escape and evade responsibility.
One of the things your person said to defend against the attacks was that CAP itself made MARB/MARP reports public and that these reports show individual Wing Commanders attempt to defame and cover-up. I agree with your staffer on this.
But what you need to know, if you are not a member, is that CAP has stopped publishing those reports in violation of its constitution and regs. The last one shown in E-SERVICES is from the Spring of 2014.
Thank you for bringing all this to our attention. Good luck to your team.
1. Members who have been subject to a final adverse membership action, and have exhausted all administrative remedies within Civil Air Patrol, shall have a right to appeal the action to the Membership Action Review Panel (MARP). For purposes of this article, an adverse membership action is defined as demotion in grade; removal from command of a region, wing (other than during the probationary period); suspension of membership in excess of sixty (60) days due to regulatory infractions or misconduct not giving rise to a criminal investigation or criminal charges or proceedings; or termination of membership.
2. The Membership Action Review Panel shall accept an appeal of a final adverse membership action only if the Membership Action Review Panel determines after an initial review that the action appears to have been motivated by retaliation, reached without due process, or involved a material failure to follow applicable Civil Air Patrol regulations. The Membership Action Review Panel may accept or decline an appeal of a final adverse membership action in all other cases.
3. The Membership Action Review Panel shall be chaired by the volunteer Chief of the CAP Legal Officer Corps or his/her designee, who must be a duly appointed CAP legal officer. The chair of the MARP shall be a non-voting, ex-officio member of the MARP. Membership shall consist of eight (8) voting members, one from each region. Membership is limited to those members serving in the grade of Colonel or higher and not currently serving as a commander or vice commander at any level. Each Region Commander will nominate a slate of candidates for the MARP, and the National Commander will select one from each region for appointment. Region Commanders may only nominate members assigned to units within their Region. The members of the MARP must be confirmed by the Board of Governors and will serve a term of four (4) years. The terms shall be staggered and a member shall not be eligible for reappointment. Two (2) new members shall be appointed per year. A MARP member shall not consider a review from an applicant from the region he/she represents. If the individual appealing to the MARP is assigned at the National level, all eight voting members will participate in the appeal. In the event of a tie vote on any appeal action, the MARP will automatically sustain the commander’s action. In all matters involving members not assigned at the National level, five (5) voting members shall constitute a quorum; in matters involving members assigned at the National level, seven (7) members shall constitute a quorum. Designees may serve only in the event the chair or named member is unable to participate due to a conflict of interest.
4. The Membership Action Review Panel may affirm, reverse, or modify in favor of the member the final adverse action. Furthermore, if the Membership Action Review Panel determines that the adverse membership action was reached without due process or involved a material failure to follow applicable Civil Air Patrol regulations, it may remand the case to the party who initiated the adverse membership action to correct the deficiencies.
5. The decision of the Membership Action Review Panel on all matters over which it has jurisdiction is final and not subject to further appeal or proceedings within Civil Air Patrol.
6. The rules of practice and procedure, as well as all decisions of the Membership Action Review Panel, shall be published.
1 October 2012 (Amended September 2014)