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After 22 years
and nine months of total years of active commissioned service, Lieutenant
Colonel Mark Calvo, Field
Artillery, ARNGUS in the Army National Guard resigned citing fraud,
waste and abuse of authority of the acting Adjutant General Colonel
Jerry Manalisay Rivera and Colonel Dennis Santo Tomas, Joint Chief of
Staff of the Guam National Guard. Calvo, a decorated soldier with just
14 months away from retirement, was a Supervisory Logistics Management
Specialist/Deputy U.S. Property & Fiscal Officer-Guam.
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Governor
Felix Perez Camacho |
Calvo
identified
the abuse of authority as the main reason for his resignation, a
condition that has permeated the leadership structure of Guam National
Guard from the beginning of the Camacho administration. Felix Perez
Camacho took the oath of office of the Governor of Guam just after
midnight on January 6, 2003.
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Col
Dennis Santo Tomas
Chief of Join Staff |
Col Dennis Santo
Tomas then Chief of Staff of the Army Guard and a full time Army Guard
Reserve employee advised the Governor that with a waiver from the
National Guard Bureau he would be able to serve as the TAG and
Chief-of-Staff. Two days later on the 8th of January, Camacho
named his selection of directors to his cabinet. Dennis Santo Tomas’s
photo appeared in the front page of the Pacific Daily News along with 21
other appointments, as Camacho’s choice for the Department of Military
Affairs which has oversight of the Guam National Guard, Veterans Affairs
and Civil Defense. Santo Tomas took the title of Commander of Troops as
provided for in Title 10 Guam Code Annotated - serving in the absence of
The Adjutant General.
The National
Guard Bureau denied the waiver request and in a telephone conversation
with Governor Camacho and Santo Tomas, encouraged the Governor to find a
more suitable replacement and offered to assist the Governor in making
the selection. The National Guard Bureau
serves as the
communications channel between the federal agencies namely the various
Dept of Defense entities such as the Dept of the Army, the Air Force,
the Secretaries of both the Army & Air Force and Secretary of Defense.
Col Santo Tomas meets the qualifications prescribed by law for TAG, but
would have to resign as an Active Guard Reservist which would mean he’d
lose his active duty retirement eligibility.
At the time, Col
Jerry M. Rivera was The Adjutant General appointed by former
Governor Carl T. C. Gutierrez to replace Gutierrez’s TAG, Major General
Benny Meno Paulino who resigned in August 2002 to run for lieutenant
governor with Geraldine Torres Gutierrez. They lost in the Democratic
primary election to Robert A. Underwood and Tom Ada.
This is not the
first time that the Guam National Guard has come under fire regarding a
serious void in leadership, but this time the condition exists because
as Calvo describes, [with the Governor’s support] “the Joint Chief of
Staff has the power to pull the strings of The Adjutant General.”
The situation
worsened because Santo Tomas and Rivera have actively engaged in the
removal of individuals that will not swear loyalty to Rivera’s
leadership. These ones are said to have indicated loyalty to the
Governor and the Organization.
In this instance,
increasing concern for retribution towards individual members of the
Guam National Guard has led to distrust, and abuse of individuals within
the organization. Soldiers have by-passed the TAG and Joint Chief of
Staff and pursued their political connections at the Guam Legislature
and the Governor’s Office, in an effort to block actions that the Acting
Adjutant General and Santo Tomas are implementing in retribution. In
some cases, this has meant delay of promotions and other request for
travel, training and assignments, albeit voluntarily to support the war
on Terrorism. Although going to the front office is not a condition
exclusive in this administration, its frequency has increased.
The lack of
confidence in the TAG, and his inability to communicate with his
officers has resulted in what has been characterized as an implosion in
the troops (within the organization).
The Governor’s
Senior Advisor, George Bamba said the Governor is very concerned about
the apparent morale problem at the Guard and concerns have been brought
to the attention of the Governor. The Governor has made his intention
very clear on this matter, “This is an important matter to him and
especially at a time when troops are being deployed to fight the war on
terrorism.” Bamba said, “This problem will be resolved when Rivera’s
acting appointment expires and/or when a replacement is found, whichever
comes first.”
Governor Camacho
is currently in Washington D.C. and is expected to return to Guam on the 7th of March. Accompanying the Governor to attend
meetings in D.C. includes Bernadette Stern-Meno there to attend the
Homeland Security meeting, John Dela Rosa for the Education Summit and
Adrienne Loerzel will attend the Coral Reef conference. First Lady Joan
Camacho is also with the Governor.
The actions of
Rivera and Santo Tomas intensified on February 6, 2005 when Acting
Adjutant General Rivera ordered the convening of a Selective Retention
Program (ANGI-36-2006) board of Air National Guard Officer and Enlisted
Personnel. Rivera called for a listing of all Air National Guard
officers and enlisted members who are retirement eligible prior to
January 1, 2005. Acting
Adjutant General Rivera ordered that members previously selected for
retention under any authority, will be included and again considered.
Rivera called for the board to convene on May 5 - 10, 2005.
The Governor’s
Office was informed of the order and on Tuesday February 15, 2005
officials at the Governor’s Office said that Rivera and Santo Tomas were
told to stop the process immediately. It is noteworthy to mention that
the Army Guard has held a selective retention board twice in the last
ten years and never in the history of the Guam Air National Guard. The
Air Guard has been in existence for 23 years commission in 1981.
Under normal
circumstances, a Selective Retention Board is called within a minimum of
one month to six months notification or up to one year’s time that the
Command plans to do an SRB. The immediacy in this case raised concerned
within the Air Guard and when the Commander of the Air National Guard,
Col James Joseph Montague requested justification from their Assistant
Adjutant General, Franklin Leon Guerrero, he was told not to hold his
breath for a resolution from the TAG. Leon Guerrero was appointed to the
position of Assistant Adjutant General by Camacho but is only a
part-time reservist.
A listing of Air
National Guard individuals believed to be targeted by Acting Adjutant
General Rivera Air Guard Assistant Adjutant General Franklin Leon
Guerrero and the Joint Chief of Staff Santo Tomas are:
Selective Retention Review Board Listing
Air
National Guard Airmen
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McDonald, Kenneth
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Puzan, Timothy
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Lizama, Johnny
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Manibusan, Andrew |
Montague, James |
Palisoc, Melecio |
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San Nicolas, Juan |
Cruz, John
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Cruz, Judy
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Delgado, Peter |
Guzman, Robert |
Sajo, Ramon |
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Yurko, Robert |
Carbullido, Anthony
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Dalalo, Ruben
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Dungca, Daniel |
Martinez, John |
Yurko, Hector |
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Babas, Robert |
Delmundo, William |
Flores, Joseph B. |
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Gordon, William |
Hannah, May |
Horne, Joel |
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Leon Guerrero, Franklin |
Perez, Raymond |
Aeverman, Gerald |
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Babauta, Benny |
Batac, Carlito |
Collado, Eduardo |
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Dacwag, Ricardo |
Leon Guerrero, Fraim |
Mandapat, Reynaldo |
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Quinata, John |
Toves, Edward |
Vida, Irving |
Mandatory Retirement
The matter of
mandatory retirement concern focuses on the retirement and revocation
orders of Col Rivera’s retirement.
On August 29,
2003 Governor Camacho appointed Col Rivera as Acting Adjutant General –
Army, temporarily for a period not to exceed September 2004. In a
memorandum dated September 22, 2004 Maj Jesse R. Pendon, Jr. GS DCSPER,
(deputy chief of staff, personnel) sites for BG Cockey that Col Rivera
is already past his Mandatory Removal Date (MRD) for service and had
enough years to retire. It stated further that after the
September 30,
2004 expiration date, Rivera would have to be removed from the Assistant
Adjutant General position sighting (Paragraph 001A line 02A W7 TTAA) and
be retired from service. Based on that recommendation, BG Robert M.
Cockey ordered Rivera’s retirement.
Department of the
Army Official Orders 275-02 discharged Col Rivera with an honorable
status from the Army National Guard dated September 30, 2004. Major
Jesse R. Pendon, Jr. transmitted the memorandum for The Adjutant General
(Brig Gen Cockey). Distribution listing includes: GU-ARP, MPRJ, State
File, State Medical Command, Soldier, GU-RRM, GU-ARO, and
GU-PFO-L-Supply.
On November 12,
2004 Governor Camacho sent a letter to BG Cockey relieving him of his
duties and responsibility as The Adjutant General, Guam National Guard.
On the same day, Camacho appoints Ret. Col Jerry Rivera as Acting
Adjutant General, Guam National Guard and sent a letter informing
Lieutenant General H. Steven Blum of BG Cockey’s removal and Ret. Col
Rivera’s appointment.
On November 15,
2004 Maj Pendon began the process of revoking Ret. Col Rivera’s
retirement orders and processing pay documents for his new assignment.
Almost immediately, Col Santo Tomas ordered rescheduled training orders
for Drill that Rivera missed during the two month period that he was
retired and pay documents for said orders.
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COL JA David B. Riano
Staff Judge Advocate |
When the Guard’s Judge Advocate General Col David Riano was asked why
documents could not be provided to show the reversal documents on
Rivera’s retirement, he stated that Rivera was not retired and that the
senior officers [Santo Tomas and Pendon] did not believe that BG
Cockey’s orders to retire Rivera was supported by the governor. Riano
was privy to the undertaking and when asked if Pendon and Col Santo
Tomas defied a general officer’s orders, Riano said he would not
characterize it that way and pointed to the removal of BG Cockey as the
final outcome.
BG Robert Cockey
believed there was a coordinated effort within the Guard to remove him
as TAG once he was no longer willing to follow Santo Tomas’ demands and
provided communications informing the National Guard Bureau of River’s
retirement during the last hours of his appointment. Its this document
that Maj Pendon provided Cockey as proof that was not submitted to NGB,
and what Riano stated is no longer in the files. When asked if that is
considered “dummy orders,” Riano said no because they were never
transmitted. However, BG Cockey was led to believe that they were.
There is no order
available from the Governor regarding a reversal of Rivera’s retirement,
but Camacho released Cockey from the TAG position on November 12, 2004.
PL-27-104
addresses the 90 day provision for Rivera to serve as the Acting
Adjutant General expires on February 10, 2005. The Governor’s Counsel
Shannon Taitano contends through the governor’s spokesman Erica Unpingco
Perez that Rivera’s appointment expires on March 24, 2005.
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Senator Tony Unpingco
Chairman - Committee Military Affair |
Senator Tony Unpingco, chairman of the committee on Military Affairs
disagrees with Taitano and Bamba said, “If Taitano’s interpretation is
incorrect, then all of Rivera’s actions will be rendered null and void
after the date of expiration at the time the correct interpretation is
made. Until then, unless challenged, Taitano’s interpretation stands.”
Federal Recognition to
Brigadier General
On November 12,
2004 Col Dennis Santo Tomas sent an email message to the National Guard
Bureau Chief, Lt Gen Steven Blum of Rivera’s appointment by Governor
Camacho but states in the correspondence that Rivera was appointed to be
the Adjutant General for the Territory of
Guam vice Brigadier General
Robert M, Cockey, and effective 12 November 2004.
In a subsequent
message to Col NGB-GO Stephanie Walsh, Santo Tomas addresses the matter
of federal recognition for Col Rivera. In a
response to his inquiry
dated November 30, 2004 Col Walsh said, The military position of TAG
cannot be separated from the state position.” And further stated, while
AR 600-100 (a) (1) allows a State Adjutant General to be appointed and
serve in that capacity without federal recognition, AR 600-100,
paragraph 11-3 (a) (2) states that “No officer will be federally
recognized to serve in the position authorized for the State Adjutant
General other than the officer who is appointed as the State Adjutant
General and performs the duties of the position.” She said, “Until the
legislative process confirming COL Rivera is complete, we cannot
federally recognize him as a brigadier general based upon his
appointment to TAG.” Col Walsh acknowledges in the email message that
Santo Tomas understands this when she said, “As you clearly note below,
this is a matter of Guam law, and we always defer to the law of the
state or territory. Walsh closed with this, “We would like to expedite
this federal recognition but until we have information showing COL
Rivera has been confirmed by the legislature or, in the alternative, an
opinion from the state attorney general telling us that confirmation is
not required, we cannot legally do so.” Walsh said she’d gladly issue
federal recognition orders and backdate them as appropriate; however
guarded Santo Tomas to address this with his AGR JAG [Col Riano].
Col Riano said
regarding the matter that NGB issued a certificate of eligibility for
Rivera and said he would be recognized after the Guam Legislature
confirms him.
Nowhere in Col
Walsh’s email to Santo Tomas does Walsh mention that a certification of
eligibility. Riano said it was issued when a brevet packet was sent to
NGB after former Governor Gutierrez appointed Rivera in 2002. Camacho
did not appoint Rivera to TAG. A statement from the Office of the
Governor says Governor Camacho will reassess Rivera’s performance within
the 90-day timeframe and that a confirmation packet has not been
transmitted to the Legislature. It also said that Camacho appointed
Rivera to the position of Acting Adjutant General, and has not yet
indicated who will fill the TAG position in a permanent position.
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