THE AIR FORCE GROUNDS ITS OFFICERS

The Wall Street Journal

  • DECEMBER 28, 2011

Forced terminations with no pensions or benefits is no way to reward airmen after years of faithful service.

During the holiday season, Americans especially remember our servicemen and women deployed to faraway lands, serving in harm’s way. We send packages abroad, light candles in their honor, and donate toys for military tots. However, what really matters is how we treat them when they come home. Sadly, we don’t always treat them well.

A case in point: This holiday season, the Air Force has “separated” (that is, fired) 157 officers on the eve of their retirement, including pilots flying dangerous missions, to avoid paying their pensions. According to Department of Defense Instructions, those within six years of their 20-year retirement (with no disciplinary blemishes on their record) have the option to remain in service. Nevertheless, the Air Force is committing terminations of airmen a few years away from retirement en masse, citing budget constraints.

While budget constraints affect the entire Department of Defense, the other services have found other ways to pinch pennies. Air Force Secretary Michael Donley stands alone on this one. We represent many of these airmen, all of them with stellar records.

rotunda

Getty ImagesMembers of the U.S. Air Force on Independence Day in Washington, DC.

Maj. Kale Mosley is one example. He is an Air Force Academy graduate and a pilot who has flown more than 250 combat missions. He deployed to Libya this summer with 30 hours notice. When he returned, the military immediately sent him to Iraq. Just as he was boarding the plane for Iraq, the Air Force gave him his walking papers, effective Nov. 30. Maj. Mosley will not receive a pension or long-term health-care benefits for his family. He is the father of a toddler and a newborn.

In a speech before Congress urging it to pass his American Jobs Act, President Obama spoke of tax credits for companies to hire America’s veterans, saying, “We ask these men and women to leave their careers, leave their families, risk their lives to fight for our country. The last thing they should have to do is fight for a job when they come home.”

Secretary of Defense Leon Panetta recently testified before Congress about potential changes to the Military Retirement System. He said: “We’ve made a promise to people who are on duty that we’re going to provide a certain level of retirement. . . . These people have been deployed time and time again. They’ve put their lives on the line on the battlefield. And we’re not going to pull the rug out from under them. We’re going to stand by the promise that was made for them.”

But the Air Force is pulling the rug out from under these airmen.

In fairness, the blame for this unjust situation partially rests with Congress. In the 1990s, when the military was drawing down, Congress authorized an early retirement program that allowed service members to retire with a prorated pension and benefits. But it allowed the law to expire in 2001.

Congress has proposed reinstating a similar early-retirement program within the National Defense Authorization Act, and the authorization bill is on Mr. Obama’s desk. But even if the president signs the bill, it will do nothing to resolve the problem of the 157 officers who were terminated on Nov. 30.

The Air Force should reinstate the 157 airmen so that they can finish their military careers. Or Congress should simply enact a law to cover these 157 airmen.

America’s heroes have our backs. Who has theirs?

Mr. Flynn-Brown is a clinical fellow in the Chapman University AMVETS Legal Clinic. Ms. Rotunda is a professor at Chapman and executive director of the university’s Military Law Institute, which represents, pro bono, several of the 157 terminated airmen.

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