WASHINGTON -- The Secretary of the Air Force, Dr. James G. Roche, has directed that Maj. Gen. Thomas J. Fiscus, the former Judge Advocate General of the Air Force, be retired in the permanent grade of colonel effective Feb. 1.
Retirement in the grade of colonel instead of major general will result in a future retired pay loss of approximately $900,000 according to the Air Force budget office. The estimated loss of future retired pay is based on an additional life expectancy of 29.5 years, using IRS life expectancy tables.
The retirement grade determination follows an Air Force Inspector General investigation and subsequent nonjudicial punishment for several violations under the Uniform Code of Military Justice including conduct unbecoming an officer, engaging in unprofessional relationships, fraternization and obstruction of justice.
Gen. Donald G. Cook, the Commander of Air Education and Training Command in San Antonio, imposed nonjudicial punishment consisting of the maximum permissible forfeitures of pay and a reprimand on Dec. 21.
Secretary Roche made the retirement grade determination after a review of the report of investigation and after considering recommendations from the Chief of Staff of the Air Force, General Cook and a panel of the Air Force Personnel Council comprised of three lieutenant generals.
Before making his decision, Dr. Roche also considered General Fiscus’ entire military record and matters General Fiscus submitted for consideration in the grade determination. Dr. Roche concluded that he had not served satisfactorily as either a major general or brigadier general.
In the report of investigation, the Air Force Inspector General substantiated three categories of allegations: unprofessional relationships with female subordinates (both officer and enlisted), inappropriate sexual advances toward female subordinates and improper relationships with female civilians. The incidents occurred over 10 years and involved 13 women including six active duty judge advocates, two paralegals, one civilian Department of Defense employee and four other civilians.
When a commissioned officer retires, federal law requires the service secretaries to determine the highest grade the officer satisfactorily held over the course of his or her career.
“An adverse officer grade determination significantly reduces the retirement benefits of officers who perform unsatisfactorily,” said Mr. Michael L. Dominguez, Assistant Secretary of the Air Force for Manpower and Reserve Affairs, whose job was to oversee the process. “It also provides the Secretary of the Air Force an additional mechanism with which to appropriately address misconduct. The retirement grade reduction imposes a substantial financial penalty for the officer’s misconduct while leaving him some benefits from his long and otherwise distinguished military service.”
General Fiscus will also lose the benefit of the privileges and respect normally afforded to retired general officers.
“The actions of Air Force leadership make it clear that such misconduct will not be tolerated, regardless of the grade or position of the offender,” said Air Force Chief of Staff Gen. John Jumper. “General Fiscus has now been held accountable for his misconduct under the Uniform Code of Military Justice and by retirement in a lesser grade.”
The Inspector General report and nonjudicial punishment paperwork, which have been redacted to protect the identities of victims and witnesses, are available at http://www.af.mil/library/studies.asp .
General Fiscus served the Air Force for more than 32 years and attained the highest rank and position available to a military lawyer. He now faces a review of his conduct under attorney professional responsibility standards.
The Deputy Judge Advocate General, Maj. Gen. Jack L. Rives, has been and will continue to perform the duties of the Judge Advocate General pending the selection of a new Judge Advocate General.