A Relief For Cause…AKA Firing

“CPT, this is COL Johnston. If you have a minute or two, I’d like to talk to you about SSG Smithson,” began a semi-unexpected phone call when I was a Company Commander at Fort Cavazos, then Fort Hood. 

“Yessir, of course,” I replied, there being no other recourse. I wasn’t sure what COL Johnston wanted, but I had a good idea. I’d relieved SSG Smithson a month or so before. His final NCOER (Non-Commissioned Officer Evaluation Report) had been a relief for cause. SSG Smithson was my supply sergeant and had violated my direct order regarding to the disposal of some excess property. I’d collected a deuce-and-a-half load of various excess items from company Connexes and a rather strange storage bunker. Knowing my supply sergeant’s proclivity for cutting corners, I’d told him to dispose of the material properly. I’d also told him directly not to take it out to the training area and dump it, which is exactly what he did. Later another unit found the material and it was traced back to my company. As this was not the first time he’d done something like this, I issued him a “relief for cause” NCOER with the support of the Battalion Commander (BN CDR) and Battalion Command Sergeant Major (BN CSM). Admittedly, I wrote that NCOER with an acid pen. The BN CDR used the same inkwell. SSG Smithson was reassigned to a new installation and out of my life…at least that is what I thought.

SSG Smithson had filed a rebuttal, which was his right. The NCOER would end his career. He’d accumulated enough time to retire, but promotion to Sergeant First Class (SFC) was not possible. He claimed that I had never liked him, was prejudiced against him, and had sought to get rid of him. COL Johnston had been assigned to investigate his claims, and if needed have me write a new NCOER.

“So CPT, this is a pretty incendiary NCOER.”

“Yessir, it is; but, it is justified. I have counselings to back up every negative bullet.”

“Really. SSG Smithson says you did not provide him written counselings.”

“Well Sir, he would be mistake. In fact, I thought he might rebut the NCOER so I saved all the counselings.”

“Ah, well could you fax them to me?”

“Yessir, I can. How much paper is in your fax machine?”

“Huh?!”

“How much paper is in your fax machine, Sir? This is quite the packet.”

“Just a minute CPT. Let me check.” The phone went silent for a few moments. “It is full.”

“Thank you sir. I’ll send immediately.” Soon my fax machine hummed away. I never heard from the COL again. I prevailed in that incident because I had taken the time to follow the steps necessary to fire an NCO. He performed in a substandard fashion and refused to adjust his behavior. All along the way I had provided written instructions as to what I expected and what the appropriate military standards were. I’d warned him that continued failure to meet the standard would result in a relief for cause and the associated NCOER. At the end of the day, I prevailed and was able to fire my Supply Sergeant. The rules I followed were there for a purpose, they protected the SSG and me. They protected him from a capricious officer, and they protected me from having to endure an underperforming NCO in a critical position. That is how firing someone in the government works.

President Trump has shown a blatant disregard for the laws and regulations that are set up to protect government employees from capricious personnel actions. Of course, as the President, he can hire and fire as he pleases, just as I could. But one must follow the appropriate rules and regulations. They protect both the employer and the employee. It was a pain for me to fire SSG Smithson. It took a little time and a lot of paperwork. The rules are simplified for the President as he is more senior and responsible, but they still exist, and for good reason. We need professionals at all levels of government. Simply claiming that someone was a DEI hire or part of the “Deep-State” does not satisfy.

Just because I was angry at SSG Smithson was not sufficient. I needed to show that not only had he failed to perform acceptably, I also needed to show that he refused to alter his behavior. When I gave him the final direct order, I fully expected him to do what he did. He’d done it before and showed no inclination to do otherwise; but, I needed to make sure that I did the right thing. In the end, I fired the NCO. The President must follow the rules, procedures, and laws required by Congress when hiring and firing. It can be a pain, but it must be done properly. The President should set the example as he handles his workforce.