report provided by an officer of EA, which their interest is published in its entirety on this blog.
the different laws applicable to members of the armed forces from the 17/89, incidendia have been having different and have created different situations in each of the hosts.
Brigadasaurio thank the transmittal of this document.
REPORT ON THE CURRENT SITUATION AND
grievances
FOR BASIC LEVEL OF COMMISSIONED OFFICERS OF EA FOLLOWING THE APPLICATION OF THE LAW 17/1989, 17/1999 and 39/2007
STAFF MILITARY.
INTRODUCTION
Sergeant's career, once in force of the Constitution of 78, required an adjustment to the appropriate regulatory framework imposed by that Act, and, of course, the developments that marked the times. Not only of the NCO, but, obviously, that of all the military.
However, the Constitution adopted in 1978, and the Royal Ordinances for the Armed Forces virtually the same date, it was not until July 1989, eleven years later, when there was a real shift in the regulations the group, with the approval of the Law Regulating Military Regime Professional staff.
Although this Act was a profound change in the field of regulation of the Staff of the Armed Forces, came about being configured as above, was the group of NCOs, in our view, who suffered most avatars of legislative changes.
under that law for the group was basically two serious consequences: one, that came to curtail the rights they had acquired prior to its entry into force, basically on career advancement (promotion to lieutenant , captain and commander), the other negative consequences arising from the integration of its members in different bodies.
was subsequently signed into law 17/1999, which sought to solve any problems created by the former, mainly on the recognition staff duty noncommissioned officer of the Army (hereafter ET) and was promoted to lieutenant in the reserves of all non-commissioned officers who received the promotion to sergeant within a certain time. This law, however, instead of solving the root problem, came to be a worsening of the same for most of the NCO of the EA, further contributing to the discrimination suffered prior over fellow Army itself, and especially with respect to the companions of ET
With the entry into force of the current law 39/2007, in particular the implementation of the provisions of its seventh transitional provision, number two (hereafter DT 7 ª .2) - rise of non-commissioned officers to the rank of Lieutenant - and in the tenth additional provision (hereinafter DA 10 ª) - reordering of the ranks of ET has become more profound discrimination and thus the injustice in the NCO group of EA
With the rise of employment of staff who was Lieutenant in the reserve (DT.7 ª .2), from transient and loss reserve by psychophysical conditions, more modern and younger staff who are active in addition to the bankruptcy of the principles governing the institution will provide a unique case: those who have less time remained in service, have a higher pension than those who have been the most time.
also with the implementation of the DA. 10 th, two people who entered the same day with the same criteria of merit and ability in different hosts (both from the Ministry of Defence) one has reached the job of Commander in the ET, while the other (EA) , has reached that of lieutenant.
addition, the implementation of the provisions of 7 ª .1 DT, has been perpetuating the failure of the hierarchy of the Army, which began with the implementation of the eighth additional provision, the third point of the Law 17/1999 of Regime Staff of the Armed Forces.
lieutenants not selected for the completion of the training course for promotion to Sergeant Major, who gave up their implementation, they did the assessment, as well as those who were declared "not eligible" to go to old book-well, welcome to voluntary quotas, amounting to the rank of Lieutenant, and are older than their peers and superiors NCOs majors.
1 .- STUDY
NCO's career in the EA, to the law 17/1989, and considering existing standards closer to it, was not uniform. Because of the multiplicity of scales, Bodies and Specialties, or access to the profession, and promoting their components within it, was uniform. Depending on the scales, and was set. From that perspective, we consider:
1.1. Before July 1989.
Several standards were the scope of which is subjected to different scales in which they grouped the NCO group of EA, whose career profile was different in each case.
Basically, depending on whether they belonged to the group of specialists (Law 142/1962, Law 18/1975 on reorganization of Aviation Weapon) to the Troops and Services (Order of 09.04.1960, OM 1334/1966, Law 18/1975) Main Office or Military (Law 146/1963 of 2 December, to reorganize the Corps Military Office) So:
1.1.1. The scales belonging to Specialist (Mechanical Maintenance of aircraft, automobiles, Broadcasting, Electronics, Gunsmith, radio operators, Photography and Mapping, Early Warning and Control Operators), admitted to the School for each specialty, by competition for direct access from countryman. For this opposition is required prior qualifications. - (As put in the call guidelines, paragraph 1.2, be in possession of the vocational qualification of first degree or industrial clerkship or have passed the second year of BUP or other formally equivalent or above.) -
be in that school remained an academic year (September to July) which, once passed, he brought the student, acting Assistant Specialist, pass to make the relevant practices in a particular EA Unit (CCU ), for a period of two years.
After two years of practice, returning again to the chosen school for the purpose of taking the last course, which once passed, allowed access to employment and entering Sergeant Warrant Officer Scale . Passed, therefore, four years from the date of admission to the ascent, four years in which subjects studied generic and specific military specialty, with the practices. During this time they got jobs in Cape Town and Cape First.
The age was obtained by the use of sergeant, on these scales, because the shortcut ranged from 21 to 24 years. This age, allowing the military to begin with a profile very correct and high self-esteem. No doubt, it is public knowledge that those specialists have a very high level of preparedness. Once sergeants, each specialty also continued her own career and vicissitudes. The educational system remained in place until June of 1993, the month in which amounts to sergeant last promotion Specialist School of the Air Force.
1.1.1.1. Another form of income in the EA: It was through the Industrial Training School of the EA, in which young people from 15 years admitted as Special Volunteers from countryman, by opposition, to the degree of Graduate Studies or Primary School, where they performed for 2 academic years the First Degree Training in the specialty chosen. At the end of 2 nd course examines access to Assistant Specialist and join with those from the previous section 1.1.1. and with the use of Cape 2 nd went for UCO's of EA for 2 years.
1.1.2. WO belonging to the escalation of troops and Services (now the Security and Defence specialist - General Corps) had a different career profile. Entering in the Air Force from countryman, as a volunteer soldier Aviation. Through successive reenlistment, and by carrying out the corresponding courses, was accessible to the different uses of Cape and Cape First. In the latter employment remained undetermined time, which according to the needs of the organization could range from seven to ten years.
seniority Where relevant, they summoned the sergeant course, to perform at the NCO School of Reus (Tarragona). The amount approved on the occasion of a vacancy, being that between members of the same promotion could be a difference a year on the date of promotion. Therefore, for this group, from admission to the rise in ranks to sergeant passed between 7 and 10 years.
While it is true that even during 42 ° (1982) was sufficient to pass the course corresponding to ascend, when the vacancy, subsequently, of those invited to the course, only exceeded those that were included in the places available.
1.1.3. The personnel of the Main Military Air Office, came covered by the Act of May 26, 1944 on the establishment of the Main Branch of the Air Force Military and Law 146/1963 of 2 December, by the reorganization.
Making a competition for admission as Special Technical Education (ITE) as an Administrative Clerk, with the rank of Soldier. After a training period of three (3) months at the School of Reus, was promoted to corporal and assigned to a unit. In another three months amounted to Cabo 1, remaining in that situation until two years time they could sign another commitment period. After two years, could be contested to the Office Assistant Scale Air Forces, along with other specialties, depending on the positions offered. Then, once completed the School for Officers' (Reus Air Base), six months, and within three (3) years of practice in a unit, amounting to a favorable report Sgt. In the best cases this amounted to staff sergeant at 6 or 7 years of entry.
NCO All, without exception, had access to the employment of Officer by performing and passing the relevant course at that school. Within the Officers Special Scale which were integrated, the maximum employment that could be reached by law, was the Commander.
The criteria to follow in the Scale of NCOs for promotion to different jobs within each specialty, after obtaining the Sergeant, was only the old.
In summary, this configures the career NCO in the Air Force and can already see the differences within the Army itself, with respect to the scales that are grouped together the collective: the The part belonging to the Body of Experts, with its own specialties, otherwise, the Scale Assistant Military Office (later renamed Military Offices Main) and another belonging to the group Troops and Services scale.
1.2 .- From the LAW 17/1989, regulating the regime of military personnel
The law in question, which was supposed to come to harmonize existing legislation, as contained in its preamble , with reference to the ... difficulty of management and human resource management, from creation of the Ministry of Defence in 1977, due to fragmented legislation, confusing and sometimes contradictory ways, motivated by the existence of three Military Ministry that had been generating its own legislation, came to mean a negative step, discriminatory and grim for the NCO in general and especially for the Air Force, as discussed below
The legislature, depriving this group of rights which had consolidated the previous legislation, such as promotion to jobs Lieutenant, Captain and Commander. All this, without regard to the provisions of Article 2.3 of the Civil Code "the laws have no retroactive effect, unless otherwise stated" and 9.3 of the English Constitution concerning the retroactivity of laws restricting individual rights .
already said earlier that was necessary to harmonize legislation in all armies to approach a little to the equal treatment of its members. Also it was necessary to legislate to bring in "new times", and the demands of the principles of merit and ability, access to official employment. No objection to that question, provided that its effects had been following the entry into force of Law 17/1989, and not retroactively. In the Air Force, from July 1, 1993, when the rise of the 1st promotion of ABA and not retroactively to all those who achieved such employment in accordance with Law 142/1962 on the Organization of Body NCO Specialists in the EA and Reorganization Act 18/1975 Aviation Weapon.
For the aforementioned law (Article 11), scales are created Superior, Middle and Lower, as the educational level required for admission to each of them. Scale Officers Media Officers were integrated automatically from Special Scale (those from the old scales NCO) and the lieutenants of complement (IMEC old-EA), the latter, being younger and being near the go to the reservation staff of the special scale in a short space of time occupied the highest positions of the scale (Lt. Colonel and Commander).
From that moment, the only option that had the access to employment NCO Officer (Lieutenant) was contested to the Scale Media, according to available places - few, of course - provided you meet the requirements required for this purpose. Transiently, during the two years following the entry into force of the law, continued rising with the use of lieutenants, those NCOs who meet such requirements.
Also, during a period of eight years, were reserved for restricted tender, about 50% of places offered for internal promotion (2 or 3) for those NCOs than by age or lack of requirements could not access. It is considered that at no time was taken into account that would warrant officers with university degrees - upper or middle-order to their integration at that level, giving the case to meet with NCO with qualifications of university graduates, and Lieutenants (from IMEC-EA, integrated directly, without any course) with certification of graduates. Only Health NCO (ATS) were automatically integrated into the scala media, with the use of lieutenant.
To all this, the NCO of the EA, were all integrated into the basic scale, taking reference to the date of employment promotion to sergeant. Specialists in the body, we integrated the different groups of specialists that we saw (except the Warning and Control Operators) and staff of Main Military Office. In the General Body, the Troops and Services and, without knowing why, Specialists Warning and Control Operators.
Since each group had its own career profile, and within the scale of specialists, each specialty operated as an independent scale, in carrying out this illogical hodgepodge (mainly specialists operating alongside troops and Services, and other specialists with the Corps of Military Offices) there was an imbalance that ultimately proved disastrous. Suddenly, superiors and subordinates became vice versa senior staff became more modern. Even staff who were granted an age before the date of entry on duty. Whoever was at the top of the list for services, came to be in last place. The one who gave orders to the other, went to receive it.
For example, easily testable, staff Specialist Operator Warning and Control, who joined the Air Force, two years after the Troop and Services however it had obtained the use of sergeant three or four years before that, at the time of integration, packed the top of the ladder, and is also the youngest. Similarly happened to the Main Military Office to integrate with the Specialist, which as we saw, had a different career profile and even within individual scales Specialists, having each their own career profile, there was a major imbalance.
Therefore, the integration carried out by the law referred to, which should have been done separately, respecting the three groups we saw was set the group, combining employment, the order of ranking in the Scale of origin and time effective services from admission to the Army - and that meant, as one of its objectives, streamlining structures and scales to accommodate Bodies to the needs of the Armed Forces, as well as designing systems for advancement and promotion that encouraged the dedication and professional effort, not got none of its objectives, and not only did not solve the problem but exacerbated, laying the foundation of the situation current.
Surely, from the perspective of elementary science organization company-within a state of law and effective response to a rationalization of human resources policy, the ideal would have been integrated separately to three groups that divided the EA NCO, whose profile was different career . On the one hand, all the specialists, regardless of their specialty autonomously, on the other hand, military personnel offices, which as we saw, were covered by other status, and, secondly, the staff of troops and Services, whose relationship was also different . All these scales, body, especially, had been made to terminate, and from the Act, have created a single scale of NCO, with the Academy for training. This would not have been futurology, but foresight, rationality and subjection to the rule of the supreme law.
To all this, the ET, created the General Basic Noncommissioned Officer Academy (hereinafter AGBs) in 1974. In the EA, created the Basic Air Academy (ABA) in 1992 - 18 years after the ET!.
We can, for the above and in the end we are interested in, set on this date two types of NCO in the Army: those who were on a date prior to 1 January 1977, date the first class of the AGBs, and they were in later date and, within the latter, the date they were in prior to the law 17/1989 - between 1977 and 1989 - who had left the AGBs, and those who were at a later date, also from the Academy .
The EA can be considered: those who were taking up the legislation prior to the entry into force of Law 17/1989, and those who were to benefit from the above, regardless, for the latter, path that was previous to 1992, date of creation of the ABA, or later.
From this law, admission to military schools for training be carried out through a public call by systems competition, opposition, or the competition-free guarantee in which the famous principles of equality, merit and ability, as well as publicity. While access to basic military training grade, would be reserved at least sixty percent of the places offered for the army and navy personnel who carry at least one year of actual service in the employment of Cabo 1 º.
Although until the implementation of the ABA, they were patching, once opened it, the result was the gradual aging of the Scales NCO.
An important innovation of this law was the establishment of a system of promotion by seniority (first sergeant and brigade) for selection (lieutenants) and choice (sergeant major, newly created jobs and deserve a separate paragraph.)
The conclusion in this period was that integration was a major setback in the NCO group, because of the hodgepodge that took place between staff from different backgrounds and different career profiles. This meant that the preamble of the law is in rhetoric, leaving the NCO EA plunged into despair, although, with self-love and the unbreakable will not fall at times into the pit of pusillanimity.
Of course, the fellowship moved into last place in the decadent ranking military values. Those who were subordinate became superiors and vice versa from staff NCO Scale Banda, to extinguish, for the sake of organization unreasonable, rose at breakneck speed, having admitted much later to other colleagues other specialties, etc.,
This law attempted to blatantly against Article 14 of the Constitution, under Article 185 of the Royal Ordinances (both on the principle of equality and non discrimination) and against the principle of legality of Article 25 of the English Constitution concerning covert sanctions, loss positions on the ladder, against the EC, 9.3 and 2.3 of the Civil Code, etc. And worst of all, against the hierarchy, the basic foundation of the organization. Not to mention about the loyalty and companionship.
This resulted in the individual in the collective moral and economic damage evident, affecting self-esteem personal and professional level, family and society, exacerbating differences between them and cutting off all future expectation had voluntarily subjected its members according to the laws governing their profession.
This law also streamlined and harmonized no promotions in the different hosts, perpetuating and aggravating the enormous differences in the EA gotten as belonging to the General Body or the Body of Experts, this clearly been harmed Finally, in terms of time spent at the different jobs and for the companions of ET
1.3 .- LAW 17/1999 of 18 May.
This Act attempted to resolve some of the discrimination and grievances by former had done. Although the end of the day was more of the same and do not bring anything special about the NCO in general and in particular Air. Meant not only the desired harmonization of existing legislation scattered in different hosts, in terms of personnel, but, regarding EA NCO, was a deterioration in discrimination, respect of fellow
ET
Thus, the number 1 of the provision additional eighth of the Act, came to remedy the mess he had caused the 5 th a transitional provision of Law 17/1989, on, of course, staff of the Army NCO. He made possible the integration on the Scales of origin Auxiliary of Lieutenant active, bypassing the EA staff
Paragraph 3 of the eighth additional provision, however, referred generically to all NCO regardless of the Army to which they belonged. It stated that all the NCOs who obtained the use of Sergeant prior to January 1 of 1977 (as seen, incremental date of the first class of the Army AGBs, as otherwise it could not be) and had no limitation to achieve the use of second lieutenant, may obtain the rank of Lieutenant ... in corresponding Official Scale in when they go to reserve status. Defense Minister at the time, was pleased to make a free interpretation of that provision, amounting to all those already in the reserve, were first sergeants, brigade or second lieutenants. The age at the time of promotion, would be May 19, 1999.
The implementation of this provision resulted, cases that actually occurred "curious." Staff not eligible for promotion to Chief Petty Officer employment, or express waiver of the assessment, became the subject obtaining the rank of Lieutenant, and returned to the Army Reserve occupying a place in such employment, becoming superior of those who was promoted to the job by choice, having passed the required fitness course. This system was subsequently perpetuated, hence that - among other reasons - give up the course for promotion to Sergeant Major in the EA, 80% of those invited.
Basic Air Academy, as mentioned, was created in 1992, three years after the entry into force of Law 17/1989. But as we saw, the reference date for promotion to lieutenant in the reserve, was the first class of the AGBs of ET, in clear disregard of the EA staff NCO damages, the latter discrimination is so obvious that it would be repetitive impact. Suffice it to say that the ET were Sergeants before January 1977 who had entered in 1974, in the EA, with the same system of personal income-and service-troops they would not be until 1983. (9 years apart.)
may be seen therefore, the terrible inequalities that exist between staff of both armies, without merit or ability to mediate any that could be decisive cause of the difference, among other reasons, because in those days the process of entry and stay was the same, and the only merit was the old. That is, while the soldier was admitted to the ET, in April 1973, rose to sergeant in January 1976, a Brigade in May 1987, to lieutenant in January 1990, to lieutenant in May 1999 and Captain in October 2005, which it did in the EA, on same date rose to sergeant in April 1982, a Brigade in July of 1993, as Second Lieutenant in June 2007. Promoted to lieutenant 17 years later! the companion ET, and without the possibility of further promotion, being his only "crime", having entered the Air Force, framed, along with others, in a single ministerial department.
From the entry into force of this Act, military education training NCO Scales, could access exclusively through internal promotion, military army and navy, to be carried at least three years of service time, reserving for them the total number of places offered (Article 66.6 of the Act).
Although from the Law 17/1889, is coming seeing a gradual aging of the Scales of NCO, with the entry into force of the new regulation, this issue became more apparent. As is common knowledge, there were many problems of recruitment for access to professional soldiers, once extinguished conscription. This resulted in recruitment of very poor quality. This troop is all seats reserved for employment of Sgt. Exceptions, and regardless of quality, most promotions come up with a mean age of 30 years. An age less than ideal to begin in the first use of a scale, that may result from the NCO's career is born demoralizing. Today is set aside 20% of places for direct access (Article 62.2, Law 39/2007, article 15, Law 8 / 2006).
As the NCO in charge of maintaining the morale of their subordinates, encouraging conversations about the service and encouraging comments that extol the virtues of the spirit and military (Article 71 of the FAS RR.OO.) it would be appropriate to maximize their own moral and self-esteem, to convey that the military spirit, should be the model and example of military virtues.
is to consider that this law still maintaining the same promotion systems that Law 17/1989. This is: seniority, selection and choice.
1.4 .- LAW 39/2007 of 19 November.
This law has broken the record of harmonizing the discomfort in all members of the Army. Officers Officers Scale, do not want to take a course to join the new scale of Officers and those of the Superior not want to integrate as posed. The Superior Scale studying for 5 years of Academy, while those enrolled in Officer Scale 3 (incontrovertible truth.) There is also the Superior Officers NCO from computing seven years (3 +2 +2) Academies who complain that the fellow who left the Official Scale will be integrated with a course of 30 weeks, so his sacrifice was absurd. We are also NCO who agreed with the Official Scale, which count, in some cases, 5 years (3 +2) Academies. In the end, direct access to the media, believe that the nurses should be integrated with the Doctors, if at the time performed the same functions.
seems that the ET, has invented a formula, that the scope of your organization must run, bearing in mind that your group is three times that of the Navy and Air. But the accounts should not add up in these other hosts.
If this has happened with the officers, whose concern has even the law faculties of universities, the press and, of course, political power, and not without reason, in the case of NCO , whose concern seems to have also come to these areas, they have exceeded.
We are facing a group of nearly 30,000 individuals, to which the Act referred to in Article 20.4 as the vital link in the organizational structure and operations of armed forces who, through better jobs, they were not asked opinion on laws that affect them deeply. If so, some excesses - like the latter - possibly have been avoided.
About DT 7 ª .2. (Promoted to rank of Lieutenant Warrant Officer in the reserve, all those NCO who was promoted to Sergeant from 1 January 1977 and 1 January 1990) has said almost everything. Staff who were in the Reserve, even from the Temporary Reserve, or low for psychophysical conditions, with few years of service, all of them much more modern than those who are still active, have risen to Lieutenant with seniority and economic effects January 1 2008.
has been the case in the EA, one that went to the Temporary Reserve by job losses in the ranks motivated by intentional crime, and this has led to his promotion to lieutenant-course passed 36 º to 38 º on the scale of troops and Services, and was rewarded-(in the EA, went to the Reserve Transitional randomly. They may go, in the escalation of troops, part of the 35 th, 38 th, 39 th and 40 th degrees, no be able to do those of 36 º and 37 º).
For those who are active, their rise will occur when passing to the Reserve (nothing is said about age), with seniority, length of service and economic effects from the date of promotion. It means that people who have served in the Army 18 years, and in some cases less, however they are more modern, and therefore younger, not only have a greater social recognition, higher pay, but what is more bleeding, having a greater lack of contribution in group A-1 until his retirement, a retirement pension will be greater than those who served 40 years, but their place in this situation is closer in time. How can this be explained rationally? "Expounding on merit and ability? No I think that is possible. It is as if an employee has worked for 15 years, had a higher pension than someone who had done it for 40, with the same salary and professional.
Given that the reserve position is an administrative position over the professional military-situation in which the military is subject to the scope of criminal law and military discipline, it is clear that already exist today Lieutenants who are superiors informant's much more modern and younger than him, which obviously owes respect and obedience in all that I command concerning the service ... etc.
All this happens in a deeply hierarchical, where discipline, loyalty and fellowship are essential to protect legal rights, and without which deep cracks.
Therefore, it is understandable that, for the military, who understand the military, rather than as a worthy and respectable job, as a philosophy of life, it is hard to bear.
is crystal clear, therefore, you are discriminating on active service personnel who performed all the tasks imposed by weapons-service and benefits those more modern and young people who left voluntarily, or psycho-physical conditions, the Army, pursuant to the rules that said Temporary Reserve. In short, it punishes the sacrifice.
It is also encouraging that sub-lieutenant of EA, as discussed in the introduction, will not do the course of Master Chief Petty Officer - In a hierarchical institution! - Because the promotion should become a burden, or, otherwise, not a prize promotion. In short, it punishes the sacrifice and reward timidity.
But this, what you see, does not violate the principle hierarchy, not against Article 25 of the English Constitution, nor against Article 18 of Organic Law 8 / 1998, nor, of course, reduces the military rank of noncommissioned officers, and the social and legal face or ruin the friendship and loyalty among combatants. Among other reasons, probably because they were instructed to do so by law 17/1989.
Yes, precisely these rules violate flat against the pillars which supported the organization: hierarchy, discipline, loyalty, friendship ... and also the honor and dignity of anyone who is moderately welded . If this happens, and perpetuated, the individual is more likely to obey for fear of punishment, that rational submission to the laws and lawful orders of the command.
This Act also provides new integration for jobs, regardless of the source body. If carried out as planned, will collapse again órdago. Some will say: "I have benefited," a phrase that shoots itself justice. But here is no benefit to anyone is to do justice to the collective, and this is done dealing with equality, fairness to those who are in situations of de facto equality. Here the legal right to protect the institution.
Furthermore, the DA. 10 th of the Act, reorder the ranks of the auxiliary scales ET Only Army!. The merit and capacity required for that personal use has been promoted to commander, and thus, the jobs concerned, is that they were in active service in any employment on April 21, 1974 (date of entry into force of Law 13/1974 of 30 March, the organization of NCOs Basic Scales ET). That is, the same merits and abilities which are required components of the EA, which, in the same case, are lieutenants: pre-law 17/1989.
would be interesting to explain from rationality, how can a soldier who joined EA in 1972, has reached the use of lieutenant, and another in the same circumstances, entered the ET, 1974, employment reached a Commander.
So also, the staff noncommissioned officer of EA, who joined from 1971 to 1974, has been stigmatized socially, compared to fellow Army commanders who are cited for the sake of DA. 10 ª. Let's not forget, is issued 30 years after entry into force of the English Constitution!. It has caused material damage, social and psychological impossible to repair, as well as economic, difficult to quantify.
2 .- CONCLUSIONS
The legislature should make an exercise of empathy. Also feel worried when the NCO, a group of nearly 30,000 men are told that the most progressive laws, from the point of view of their career, were, according to a study Pede, those of November 25, 1944 and December 22, 1955. It's really unfortunate that this happens in what we say is configured as a social and democratic state of law.
Since the enactment of Law 17/1989, the NCOs have been discriminated against, none and who were passed by the legislature. Have been putting patches that have been solving some problems, aggravating others, creating inequalities among staff NCO's own EA and their partners regarding the ET, without addressing the problem of the companions of the Navy, which will similar.
The laws referred to, especially the last, are offensive to the EA NCO NCO who have been stigmatized socially and have seen ET mates seemed to members of a separate Ministry.
In the EA, there are currently 12 years Sergeants who have employment, and First Sergeants, 14. There are companions, who with 50 years of age and 30 years of service are still First Sergeants. In the ET, are lieutenants of the 8 th promotion of AGBs, ie with 42, 43. This is shameful, excruciating. It does not seem acceptable that those who entered with the same merits, have such an unequal treatment. It would be unthinkable in the Ministry of Finance or the sheer scale of the various Army officers. And there is no merit to continue " with silent internal revolt "religiously fulfilling the tasks assigned, since it is a constant feeling NCO subordinate to higher values.
Since the law 17/1989, so far, all the laws that have been made in respect to what was previously said, have simply meant patching the holes that they are generated, with which, however it is a concatenation of holes and patches almost unlimited, the problems are complicated rather than solved. And it is the legislature itself, motu proprio or upon the courts, who comes to recognize previous errors when you try to solve them afterwards. All this, besides the problems already described, the individual creates legal uncertainty evident over the professional, social and economic.
While the additional provision 8.3 of the Law 17/1999, chosen as the reference date for promotion to lieutenant, that of January 1, 1977 (Date of promotion to 1st Sergeant promotion AGBs) any personnel of the Air Force and Navy, is no less true that, pursuant to the provisions of the second additional provision of Royal Decree 1064/2001 of 28 September, approving the Regulations evaluations and promotions of military personnel, these personnel is given the age and length of service in employment from May 19, 1999, date of entry into force of the Act. For a simple arithmetic question, anyone who has availed itself of that provision where it is retired, will be counted for purposes of pension rights between 13 and 17 years in the Classification Group A1.
By contrast, the personal benefits from the DT. 7 th of Law 39/2007, will be recognized seniority, length of service and economic effects from the date of promotion. Except, that is, those who were in the Reserve, younger and more modern, which will recognize the January 1 2008. So, obviously, seriously injured personnel in this field is the one who is on active duty.
is transparent, that all laws enacted since the 17/1989, is included, with appropriate modifications made have been based on the Army, without taking into account the existence of other hosts . Is evidence that if any right of all who were curtailed by the laws cited, has to be restored later, what has been referencing the ET, not having considered the particular circumstances and peculiarities of the other hosts.
As previously reported in this report, it is considered appropriate to make the following
3 .- PROPOSED
First .- That includes staff Warrant Officer of EA, which is in the same situation The companions of ET, in the tenth additional provision of Law 39/2007, assigning the corresponding rise in Assistant Scale Officers, declaring to extinguish, and respetándosele, for purposes of pension rights, seniority as are appropriate reordering by reference to the youngest of the ascended to the reservation, never lower than May 19, 1999, date old the active promotion to lieutenant ET staff for eighth additional provision of Act 17/1999.
That
EA staff sergeant, received the above rules to the Law 17/1989, and do not fall under the DA 10 th, cited above, are returned to their original scales and specialties, if they voluntarily apply , integrating the same with the rank of Lieutenant, they continue to operate separately, declaring extinguished and continuing promotion as in the Army as DA 8 ª .1 of Law 17/1999. Joined corresponding minimum May 19, 1999.
These measures partly ameliorate the discrimination they have been suffering EA NCO in respect of his fellow ET, who were in the same situation. Similarly descongestionaría NCO Scales that currently suffer a tremendous cap, as the Corps of Specialists and General Body.
That integration under Law 39/2007, is carried out in the EA, from the NCO from the ABA, with reference to promotion to sergeant, since after that date, Career profile is the same for the General Body and the Body of Experts, proceeding to ascend to those for certain mismatches had left behind. This would make uniform the ranks of NCOs for publication.
II .- .- alternatively modify the DT is a 7th of Law 39/2007 of November 19, in the sense that it be extended to all active non-commissioned officers incur in standards prior to January 1, 1990, who wish to voluntarily opt for booking, with seniority, length of service and economic effects (mainly in respect of pension rights) of the date that would correspond to rankings, with reference to the age of younger than those who have ascended to the reservation and in proportion effective for the years spent in the service.
The Senior NCO fall within that provision, temporarily, until they begin to ascend to the rules received after January 1, 1990 - should amount to the use of Captain, with the aim of maintaining order seniority is not broken, as occurs when a subordinate Lieutenant Lieutenant amounts to bypass the use of Sergeant Major, in many cases by express waiver, and in others by lack of suitability. Such a proposal would have no economic impact.
In any case, carry out the necessary legislative changes, in order that no more modern and less time spent in service, have a pension greater than an older and more years of service. This is not to make a simple rule of thumb, which is not the case, the lines: if by 13 years of service, accounts for almost 25 years of contributions to the group A.1, for 40, be granted more than 72 years.
Given that there lieutenants who were born in 1967 and entered service in 1985, moved to the Temporary Reserve in 1998 (13 years of service) and rose to Lieutenant with seniority from 1 January 2008. In the event that had risen to lieutenant at the time of his move to the reservation by age, it would have done (we take as reference the age of 58 years, and not the 61 that would fall) in 2025. Since rising to retirement in 2032, have "contributed" to the group A1 7 years with 40 years of service. Since it was not so, we must try to correct the injustice.
There Lieutenants (or younger, the promoted modern) admitted in 1985 and have been promoted to Lieutenant on January 1, 2008, 23 years later. For those who entered in 1971, should correspond to a length of promotion to Lieutenant, for all purposes, of 1994, 23 years later, those who entered the year 1972, 1995. And so on, until the last class matches which amounted under the law before 1989.
Third .- In another vein. We propose:
- is urging the Ministry of Defence, in order that the legislation regarding the personnel policy of the Army, while respecting the peculiarities of each one of them - that is little or no affect such a policy - is as homogeneous as possible, harmonize the management and human resource management, so that the profile of career NCOs, whatever the Army of belonging, is as close as possible, taking into account the level of demand for entry is the same.
There should be no differences have been to date, including the NCO's career Air Force and Navy over the Army.
May 2009
proud of our vocation. AGBs. Blog in defense of the NCO Corps of the Army General. Spain.
