Posted on Sep 4, 2014
Maj Matt Hylton
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 who else thinks the af is going to get burned on this one    airman denied reenlistment for refusing to say %22so help me god%22
I think the AF is going to get burned bad by this. While 10 USC 502 may include the four words "so help me god" and the AFI no longer states that it is optional; Article VI, paragraph 3 of the US Constitution trumps US Code:
"The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States."

I have never forced anyone to say those words when administering the oath nor have I had anyone require me to say them when I was reciting the officer's oath of office at my commissioning ceremony and subsequent promotions.

http://www.airforcetimes.com/article/20140904/NEWS05/309040066/Group-Airman-denied-reenlistment-refusing-say-help-me-God-

EDIT:

The AF ended up changing course (rightly so according to the DoD legal review).

http://www.airforcetimes.com/article/20140917/NEWS/309170066/Air-Force-nixes-help-me-God-requirement-oaths
Posted in these groups: Oath logo OathRe enlistment logo Re-enlistment
Edited 10 y ago
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For those who were waiting (with bated breath?) for MRFF's Mikey Weinstein to enter the fray officially, here's his letter to SECDEF on behalf of 17 AD USAF NCOs:

http://www.militaryreligiousfreedom.org/wp-content/uploads/2014/09/Secretary-Hagel-letter-9-10-14.pdf
TSgt Joshua Copeland
TSgt Joshua Copeland
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SMSgt Jeff Samuelson I posted that here a few days ago :)
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Even the deeply Christian American Family Association came out in support of this airman:

http://www.onenewsnow.com/perspectives/miscellaneous/2014/09/12/air-force-cant-use-oath-to-disqualify-atheist-sergeant
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That's a fair point considering Bryan Fischer's frothy hysterics a few days ago.
MAJ Intelligence Officer
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Bryan Fischer is one of the heads of the AFA, one of the more rabid theocratic groups. Patrick Vaughan is, if I recall correctly, AFA's lead counsel. The two have now gotten into an overt sparring match over Fischer's declaration that atheists shouldn't be permitted to serve at all, while Vaughan pointed out that such a position is unconstitutional.
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SSG General Services Technician And State Vehicle Inspector
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I heavily disagree with the AF's stance on this. The Airman must have the option to not recite the last four words if he so chooses. Not everyone believes the same one nor do I want everyone to believe the same way. It is his choice.

On a side note though, I also disagree with the Airman altering an official document. THAT was not his choice to make and if C2 pursues action then I can't blame them on ONLY that point.
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MSgt Lowell Skelton
MSgt Lowell Skelton
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If the statement is false, it must be altered. For an atheist the statement is false and the phrase must be struck out to make the statement true. The Constitution is clear that no religious test, even this phrase, can be required.
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MAJ Security Cooperation Planner
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Yes, this policy flies in the face of Article VI of the Constitution and will have to be changed. But, .... a huge but.... The Air Force is not authorized or capable of making that determination and must follow US Code as passed by Congress and signed by the President.
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Capt Jeff S.
Capt Jeff S.
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I think we're all pretty much saying the same thing here and we're simply arguing semantics.

If an officer is out of uniform, the NCO should take the officer aside and explain to the officer he is out of uniform. He need not do this in front of the other troops as this would diminish the officer in front of the troops and violate the concept of maintaining good order and discipline and show a certain level of disrespect for the rank structure.

The NCO need not "correct the officer". Instead of correcting, he should "inform the officer" about the officer's deficiency -- at which point the officer, if he were wise, would thank the NCO for doing so, and the the officer should take whatever actions are necessary to correct his deficiency.

I agree with MAJ Carl Ballinger that it is NOT the NCO's job to correct seniors. If the NCO is a good one, he will tactfully inform his seniors of problems. He would avoid doing so publicly, if at all possible.

Do you see where I'm coming from? Correcting juniors vs tactfully Informing peers and seniors; Praise in Public, Criticize in Private; Maintaining good order and discipline; Respect for chain of command; Exercising good judgment... << These things all factor in regarding how one should respond to a given situation and should guide the NCO's manner of speech and actions.

As to the example given by MSG (Join to see), you ABSOLUTELY have an obligation to stop / prevent the commission of a crime or breach of security and that trumps whatever that individual is wearing on their sleeve or collar. But even then you should be tactful and professional.

EXAMPLE: "Sir, I believe you may be attempting to remove classified material from the SCIF. I'm going to have to ask you to set your briefcase down and step away from it." If they refuse, you take progressively more authoritative actions. "Sir, if you attempt to leave the SCIF and walk out that door, I will have to stop you and have you arrested." If the officer ignores and walks out, you call and get others' attentions. "Stop him, he may have classified info in that briefcase." And if they are dumb enough to make a run for it, you tackle them.

The absolute wrong thing to do would be to tackle the officer in the SCIF and get in a fight with them -- especially if it turns out they didn't have what you suspected on them!

FWIW.
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Capt Jeff S.
Capt Jeff S.
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EXAMPLE: In a low voice, not making a public spectacle, you walk up to a Major you suspect is out of uniform: "Sir, I believe you are out of uniform. [or Sir, there's something wrong with your uniform.] Should we go over there and talk about it. I don't want to have this conversation in front of the troops."

NOT: "Hey Major WTF! You're out of uniform!!!"
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MSG Talent Management Nco
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SFC Roger Thomas was correct in bringing this infraction to the Major. Forgetting the fact that it is written in ever post policy under safety. It is the responsibility of every Soldier to correct unsafe acts. What if that Major is struck by a vehicle because of his lack of situational awareness and the investigation shows he had knowledge of the act which caused the accident? Would he not be held accountable for allowing such a blatantly unsafe act?
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Rank does apply, but there are times outside of safety that it may be necessary to offer mild correctives. I've personally run into a few senior ranking individuals, including officers, who were out of uniform. It's usually been the PT uniform but sometimes in the duty uniform. Most take it in stride and appreciate it, but context & tone matters.

Of course, there was a time when I was a PFC working my post at the gate at Camp Henry in Korea when a 1LT attempted to exit wearing an earring (in civilian clothes). At the time doing so was a violation of the SOFA agreement, so I stopped him and told him to take it out. He pulled his ID card out to show me his rank, but I told him that if he left he would be apprehended, and that I'd be happy to call the duty officer. He paused, but ultimately decided to take it out. Of course, I was in the Military Police at the time, so again, context. :)
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SGT Steven Eugene Kuhn MBA
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It has been said for a few hundred years and now in the name of PC we want to change that? I guess he refuses to spend the money he is paid also due to the "in God We Trust" on it?
I am so sick of this PC, it has gotten to the point that people do things like this not becasue of conviction, but becasue they know they can get away with it.
We are a military that serves a country that was founded on God, we have a voluntary Military dont you know! Your choice to come in, so get with the program Airman!
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SGT Patrick Crouch
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Whether or not the country was founded by Christians is irrelevant, as they did everything within their power to put a separation between their religion and their chosen form of government, and made allowances for all other religions. The intention was never to jam Christianity down the craw of those of us who are not Christian, whether or not those individuals are serving our country. I swore to uphold the Constitution, not a god of any kind, not even my own, and I swore it on my own honor.
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LTC Immigration Judge
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SGT Kuhn,

This country was most definitely NOT founded on god. It was founded on a desire for self-rule and has a constitution written mostly by a Deist (Jefferson was definitely NOT a Christian)
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SGT Steven Eugene Kuhn MBA
SGT Steven Eugene Kuhn MBA
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Unfortunately this conversation ran its course about 4 weeks ago so if you wish, take a look down the line and see all the responses and replies...you may change your mind. Good day.
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Cpl Christopher Bishop
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I don't believe in this present day, stating "founders were Christian" is specific enough. They were mostly Calvinists. For whatever that's worth to anyone here.
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SPC Darin Taylor
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The separation of religion and government will always be an unsolved issue to many people. But the fact remains that the Airman refused to fully recite or acknowledge the Oath of Military Service and therefore the Air Force was in there rights to refuse re-enlistment. I'm also curious to whether or not the Airman recited or acknowledged the phrase "So help me God" when he first joined the military and if so why the sudden change.
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LT Operations Officer (Opso)
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I agree with you MAJ Carl Ballinger, religion in the military is tradition. I guarantee he had no problem stating the OATH when he originally enlisted. It’s only recently that this topic has become such a big deal. Anyone who joins the military should know that the foundation was built on pride and religion. I understand that things are changing, but why mess or argue with traditions? Is it really that big of a deal? I guess that is up for debate.
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MSgt Lowell Skelton
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ENS Dodson, You do NOT know what the airman recited when he enlisted. Any claim otherwise is only prejudiced conjecture on your part. Your claim that "the foundation was built on pride and religion" if blatantly false and offensive.
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MSgt Lowell Skelton
MSgt Lowell Skelton
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The airman is NOT an "active duty trouble maker behaving as an activist." He is a servicemember challenging an illegal regulation, and there is no honor in falsely accusing or condemning him. He is far more deserving of the respect you steadfastly refuse to show him.
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SSgt Avionics Technician
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"There will be those out to get him, and they will win in the end. I would not do that, but the fact is, some will."

As someone with command authority, you don't have the ability to change someone's personal opinion on a matter or another person. However, you do have the resources to make sure that whoever is now "out to get him" doesn't get him. That is, of course if he were actually in your unit. Given your blatant stance on non-religious people who demand equal treatment as "trouble makers", he is already on your bad side. You don't even know him and yet you seem to think he is a trouble maker, indignant, a bad Airman, just wants attention, already had problems in his unit, or any combination of these and other labels that has been placed on him. Why? For asking that his religious views are treated like any Christian's? For trying to exercise his first and sixth amendment rights in the face of unlawful and unenforceable regulations? The perception I have is that you are insinuating in your comments that you would not protect him from those who would harbor ill will toward him based on his difference of beliefs. I don't know your command history or anything else about you so all I have to go on is your posts. But if it were me in a command position, I would refrain from passing judgement on how I would handle the situation- theoretically of course.

For the record, I haven't violated my oath. We are simply debating an issue in a forum where people are encouraged to discuss their opinions. If we were at a commanders call or we were in your office, it might be a different story.
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SPC Darin Taylor
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The separation of government and religion will always be an unsolved issue to many people. But the fact remains that the Airman refused to fully take the oath of military service and the Air force was in their rights to refuse re-enlistment. The other question is "Did the Airman recite the phrase "So help me God" when he first enlisted and if so why the sudden changes now?
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SSgt Reports And Analysis
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The issue isn't whether or not anyone has to say the words, it's that the phrase is now mandated in writing for reenlisting. The Airman crossed out the phrase "so help me god" because he didn't want that in his official transcript, Air Force documentation and U.S. record.

Air Force Instruction 36-2606 spells out the active-duty oath of enlistment, which all airmen must take when they enlist or reenlist and ends with “so help me God.” The old version of that AFI included an exception: “Note: Airmen may omit the words ‘so help me God,’ if desired for personal reasons.”

That language was dropped in an Oct. 30, 2013, update to the AFI. The relevant section of that AFI now only lists the active-duty oath of enlistment, without giving airmen any option to choose not to swear an oath to a deity.

“Reciting ‘So help me God’ in the reenlistment and commissioning oaths is a statutory requirement under Title 10 USC 502,” Air Force spokeswoman Rose Richeson said Thursday. AFI 36-2606 “is consistent with the language mandated in 10 USC 502. Paragraph 5.6 [and] was changed in October 2013 to reflect the aforementioned statutory requirement and airmen are no longer authorized to omit the words ‘So help me God.’”
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CW3 Network Architect
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So because law violates the Constitution and we're in the military, that makes it okay? Uh, no.
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CW3 Network Architect
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That was basically an insult to my and everyone else's intelligence. I expected better from a field grade officer. The language is clear: Congress shall make no law RESPECTING AN ESTABLISHMENT OF RELIGION (or prohibiting the free exercise thereof).

The first part is just as important as the second part, and the Air Force is a part of the DoD, which is a department of the Executive Branch of the US Government..... so it is Government respecting an establishment of religion by imposing religious-based requirements for continued service.. Anyone with a brain can see it's a clear violation of the Constitution, and you don't need a law degree to do so.
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PO1 Tony Peters
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Edited 10 y ago
I (state my name) do solemnly affirm that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the UCMJ, So I affirm

I said this 5 times in my career, it was never a problem and for the record I'm not a christian. The Army, Navy and Marine Corps still allow affirmation for those who wish to omit God. this is a very bad precedent for the Airforce to try and set....
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SSG UH-60 Helicopter Repairer
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Look.......I'm pagan and call my supreme being differently than Christians, but I will still say the words "so help me god" if it means I got to stay in and progress in a career that I love and that provides for my family. This guy that's upset about having to say a couple words is just looking for attention. The more he's fussed over because of this issue you feed his need and make him feel like he's more important than the traditions of the US Military. If you ignore this person he will go away and everyone can continue on with their lives.
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CW3 Network Architect
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Yes I do. If *you* mean God to mean whatever deity you believe in, then you did nothing wrong. The objection here is forcing someone who doesn't believe in God to say those words as part of a civil oath.
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SSG UH-60 Helicopter Repairer
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While I understand the issue at hand I still do not see what the issue is. To this individual his supreme being is science. So, could that not suffice and calm the fires of those that are worked up over this whole situation?
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SSG UH-60 Helicopter Repairer
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MAJ Carl Ballinger, I can totally agree with that.
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MSgt Lowell Skelton
MSgt Lowell Skelton
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"To this individual his supreme being is science." That simply shows a complete lack of understanding of atheism. Do you think we go around saying "Praise helium" or "blessed are the muons" or other nonsense? "Worshipping science" is just an uninformed way of saying "I don't know a thing about atheists, but I'm going to toss this out to insult them". It's simply a lack of belief in any deities. Nothing more.
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SSG Water Treatment Nco
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Federal Law 10 U.S. Code § 502 - Enlistment oath. It does not say anywhere that you may "omit" the phrase "So Help Me God". To me, If you don't say the oath word for word it is the same as not saying it at all- that's just my personal opinion though. I have read in places that officers have allowed on a case by case basis for re-enlistees to omit the phrase anyways. I also read that the Airman crossed out the phrase on his contract. Now if I didn't know any better I would say that the Airman was being belligerent. He had to take the oath to enlist in the first place- likely that he said it once before. If I were in his shoes- I would have just sucked it up and said it so I could go on about my business. I do not believe that there will be any legal ramifications on the Air Forces behalf- as it would take a Congressional Action to change the statute.
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MSgt Lowell Skelton
MSgt Lowell Skelton
10 y
Of course it's a conspiracy. No one would ever come to the defense of a fellow servicemember who is being wronged by an unconstitutional regulation, would they? No, once they heard about it, they would ignore it and move on.

SERIOUSLY?
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SGT Team Leader
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MAJ Carl Ballinger I can see your point. I can't positively say how I'd feel if roles were reversed, as I'm pretty skeptical, anyway. But rest assured, Sir, just as you watch out for your soldiers, the MAAF and the service-members affiliated with it are doing the same, just from another angle. Organizations like MAAF and FFRF have no subversive agenda. They aren't anti-religion.They are pro-neutrality. That's it.
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SSG Public Affairs Specialist
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You know, not everything objecting to Christianity is a conspiracy. Asking for neutrality isn't wrong or morally subversive, sir.
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SSG Public Affairs Specialist
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MAJ Carl Ballinger My apologies for not tagging you correctly. I'll make sure to note that in my future interactions on the forums.

Sir, once someone says "I don't discount the possibility it was engineered as a planned act by a MAAF member with prior knowledge of the organization," it starts to wander rather close to asking about a conspiracy in actions, or deeds. The fifth definition of conspiracy on http://dictionary.reference.com/browse/conspiracy is "any concurrence in action; combination in bringing about a given result." Since there was no collusion to commit a crime, Sir, it doesn't fall under the criminal law definition, but it's still a viable interpretation of "it was engineered as a planned act."

Have a fantastic day, Sir.
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