Former NAVEUR Arrested on Bribery Charges

[Flash]

10 U.S. Code § 1370 - Regular commissioned officers

www.law.cornell.edu

If he chooses to investigate, SECDEF can make the change. Congress and the President only get notified for actions concerning retired O-9 and O-10 officers.

Note that they've already talked about investigating Miley and taking a star away from him.

Looks like you are right, surprised someone can be demoted at that grade without assent from Congress (Senate) when it is needed for promotion. At least in the case of General Miley there is this provision:

(4)Notice and limitation.—If a final determination of the retired grade of an officer is reopened in accordance with paragraph (2), the applicable Secretary—

(A) shall notify the officer of the reopening; and

(B) may not make an adverse determination on the retired grade of the officer until the officer has had a reasonable opportunity to respond regarding the basis for the reopening of the officer’s retired grade.

 

[Spekkio]

He was a two-star though, like I said 3 and 4 stars are a different animal with individual Congressional approval of all their retirements (and promotions). Major General and Rear Admiral (Upper Half) are the highest permanent ranks, anything higher is based on billet hence the individual approvals for retirement at 3 or 4 star rank. If those ranks aren't approved by Congress for retirement they revert to two-star which has happened in several cases, not an official 'demotion' but a practical one.

2, 3, and 4 stars all make the same basic pay, right?

If so, the demotion is merely symbolic and no one outside of said GO / FO's inner circle will know or care.

 

[Brett327]

Looks like you are right, surprised someone can be demoted at that grade without assent from Congress (Senate) when it is needed for promotion.

Technically, the Senate approves all the promotions beyond O3. In any case, I always understood this to be within the purview of the service secretaries, as you noted.

 

[JBM]

For sure.

I also imagine when you’re in that powerful of a position, a lot of people are offering you things, not all of which they realize you can’t accept. It’s likely to be as simple as not saying no, and suddenly you’re on the road to corruption. Zero excuse, but I bet it’s incredibly easy to stray when you’re that senior.

Just my theory- I’ve never even been a unit CO, so there are likely pressures I wouldn’t understand.

That’s why they have legal counsel in the offices as well as ethics training for them and their staffs

 

[snake020]

Technically, the Senate approves all the promotions beyond O3. In any case, I always understood this to be within the purview of the service secretaries, as you noted.

For the active component. For the reserve, Senate confirmation isn't required until O-6, although a reserve O-4 or O-5 requesting indefinite recall (i.e. permanent transfer to the active component) does require Senate confirmation as part of that scrolling.

 

[JBM]

What’s happens to the stuff turned in, DRMO?

A lot of it “accepted on behalf of the Navy” is on display at the Pentagon

 

[exNavyOffRec]

2, 3, and 4 stars all make the same basic pay, right?

If so, the demotion is merely symbolic and no one outside of said GO / FO's inner circle will know or care.

One of the articles said he could get 20-30 years in prison, doubt he will get that much time but not a lot of places to spend money in prison.

 

[Brett327]

For the active component.

That's what we're talking about, right?

 

[snake020]

That's what we're talking about, right?

Yea. Sorry, biased reservist here throwing in non-pertinent information.

 

[JTS11]

As part of this discussion of retired officers and malfeasance, it got me thinking about some hypotheticals that I don't know the answer to.

AFAIK, if you are retired and under the age of 60 you are theoretically subject to recall to AD (WW3 type scenario), and then at age 60 you roll over to the permanent retired list.

In the hypothetical scenario of a retired O-5 that gets charged with robbing a bank let's say, what happens wrt the UCMJ? (I believe the Supreme Court ruled in the last few years that a retired SSgt in Okinawa could not be recalled to AD and subject to the UCMJ after a sexual assault charge while he was a retired civilian). If that's the case or not, does it matter the age (above 60/or below). If not, would there be an administrative mechanism to reduce the rank of said O-5 retired bank robber, even if he couldn't be recalled to AD to face the UCMJ?

Thanks for my TED Talk inquiry. 😄

 

[snake020]

As part of this discussion of retired officers and malfeasance, it got me thinking about some hypotheticals that I don't know the answer to.

AFAIK, if you are retired and under the age of 60 you are theoretically subject to recall to AD (WW3 type scenario), and then at age 60 you roll over to the permanent retired list.

In the hypothetical scenario of a retired O-5 that gets charged with robbing a bank let's say, what happens wrt the UCMJ? (I believe the Supreme Court ruled in the last few years that a retired SSgt in Okinawa could not be recalled to AD and subject to the UCMJ after a sexual assault charge while he was a retired civilian). If that's the case or not, does it matter the age (above 60/or below). If not, would there be an administrative mechanism to reduce the rank of said O-5 retired bank robber, even if he couldn't be recalled to AD to face the UCMJ?

Thanks for my TED Talk inquiry. 😄

Burke's conviction was for actions taken while he was on active duty:

"Prosecutors said Burke routed contracts to Next Jump in 2020 and 2021 in exchange for a position at the company after his retirement, according to the government’s trial brief."

 

[CommodoreMid]

We need to invite the guys over at JAGwarriors to weigh in. Maybe Tim Parlatore posts there!

 

[JTS11]

We need to invite the guys over at JAGwarriors to weigh in. Maybe Tim Parlatore posts there!

Looks like he trimmed up recently to get into a semblance of ht/wt standards, I guess. Not sure about his iron and starch game though.

 

[CommodoreMid]

This is a total thread jack, but how did he get pulled back into JAGC as an O5? From my understanding he left the Navy as a SWO (I think O3). The reserves are weird I know, but a cursory glance at the JAG recruiting page doesn’t seem to indicate that you can pulled directly into the reserves as an O5. If I’m fucked up on my understanding I’m glad to learn, but on face value there seems to be fuckery afoot.

 

[insanebikerboy]

I may have missed it in the comments but even though he is retired, the Navy/DoD can still do an officer grade determination on his final retirement grade for misconduct during his active duty time. Theoretically they could say retire at O-1.

Now, an active officer that is dismissed as a result of court martial loses all retirement, so in this guy's case, would they have to recall him to active duty to then turn around and dismiss him? I guess technically it's possible but since he was a four star, I imagine Congress would have to weigh in.