A retired airman who was thrown out of a friend's retirement ceremony while attempting — at the retiring airman's request — to deliver a flag-folding speech mentioning God did not violate any Air Force policies, according to the Air Force. Such religious scripts are allowed at retirement ceremonies because they are private functions and attendance is not mandatory.
Retired Senior Master Sgt. Oscar Rodriguez is threatening to sue the service after he was physically removed from the ceremony. He is being represented by First Liberty Institute, a religious freedom organization.
"Air Force personnel may use a flag folding ceremony script that is religious for retirement ceremonies," the Air Force said in a statement to Air Force Times. "Since retirement ceremonies are personal in nature, the script preference for a flag folding ceremony is at the discretion of the individual being honored and represents the member's views, not those of the Air Force. The Air Force places the highest value of the rights of its personnel in matters of religion and facilitates the free exercise of religion by its members."
The controversy has now reached the highest levels of the Air Force. Secretary Deborah Lee James has now ordered the Air Force inspector general to review the incident, spokeswoman Capt. Brooke Brzozowske said in an email Wednesday.
Retired Senior Master Sgt. Oscar Rodriguez was asked by Master Sgt. Chuck Roberson to deliver the speech at his April retirement ceremony at Travis Air Force Base, California, northeast of San Francisco on April 3. Rodriguez had performed the speech more than 100 times at ceremonies, and Roberson was moved after hearing it at a friend’s retirement ceremony, according to the First Liberty Institute, a religious freedom organization that is representing Rodriguez.
In a video that was posted online shortly after the ceremony, Rodriguez can be seen standing up and moving to the flag as two airmen unfurl it, Four , and four non-commissioned officers quickly approached him. As soon as he startsed speaking, the NCOs forcibly dragged him from the room, as he continuesd shouting the opening lines of the speech.
In a June 20 letter to Maj. Gen. John Flournoy Jr., commander of the 4th Air Force at March Air Reserve Base, California, and Col. Raymond Kozak, commander of the 349th Air Mobility Wing at Travis, Michael Berry, the senior counsel and director of military affairs at First Liberty, said those NCOs committed unlawful assault and battery when they forcibly removed him.
Berry also said Rodriguez is the victim of religious discrimination, and that his First Amendment rights to freely speak and freely exercise his religion were violated.
"Military officers and NCOs have no right to assault and drag away a private citizen simply because they do not want him to mention the word 'God,' " Berry wrote in the letter. "The fact that Mr. Rodriguez was going to mention the word 'God,' at the behest of the retiring service member, is an insufficient basis to silence him, much less commit assault and battery against him, followed by forcibly dragging him away."
First Liberty is demanding the Air Force provide a written admission of wrongdoing and unlawful actions by the airmen involved in the incident, a written apology to Rodriguez, a written assurance that no member of the 349th will commit assault or battery against Rodriguez for engaging in constitutionally -protected conduct, and punish those determined to be responsible for violating Rodriguez’ rights. If the Air Force does not respond by June 27, Berry said First Liberty is prepared to sue.
Berry said in the letter that Lt. Col. Michael Sovitsky, the commanding officer of the 749th Aircraft Maintenance Squadron at Travis, tried to stop Rodriguez from attending Roberson's retirement ceremony or delivering the speech once he learned Rodriguez planned to deliver a speech that referenced God.
Berry said that when Sovitsky found out he could not bar Rodriguez from attending the retirement ceremony as a guest, he told Roberson not to allow Rodriguez to speak. Roberson told Sovitsky he would not change his plans.
The letter said that Rodriguez and Roberson tried to resolve the conflict before the retirement day, and offered to place signs on the auditorium doors saying that the word "God" would be referenced during the ceremony.
Berry said in the letter that Sovitsky either told the NCOs to throw Rodriguez out, or the NCOs acted on their own and Sovitsky did not stop them. Either way, Berry said, Sovitsky caused or allowed Air Force members to "intentionally [violate] the constitutional rights of a private American citizen."
"Such acts fly in the face of the Air Force's core values," Berry said.
In another video posted by First Liberty, Roberson expressed disbelief about what happened at his retirement ceremony.
"It's my retirement," Roberson said. "I was very embarrassed and humiliated in front of all my family and friends."
In 2013, Rodriguez posted a YouTube video of himself performing the same speech at his own retirement ceremony. It contains these references to God:
- "This [the flag] is what we live for; this is what we will fight for, and if necessary, to touch the hand of God in her defense."
- "Let us pray that God will reflect with admiration the willingness of one nation in her attempt to rid the world of tyranny, oppression and misery."
- "It is this one nation under God that we call, with honor, the United States of America. God bless our flag, God bless our troops, God bless America."
In a statement provided to Air Force Times, the Air Force said that personnel are allowed to use a flag folding ceremony script that is religious for retirement ceremonies.
"Since retirement ceremonies are personal in nature, the script preference for a flag folding ceremony is at the discretion of the individual being honored and represents the member's views, not those of the Air Force," the statement read. "The Air Force places the highest value of the rights of its personnel in matters of religion and facilitates the free exercise of religion by its members."
Air Force spokeswoman Capt. Brooke Brzozowske said Travis has conducted an investigation into the incident, but the results are now being reviewed by the Air Force.
Stephen Losey is the air warfare reporter for Defense News. He previously covered leadership and personnel issues at Air Force Times, and the Pentagon, special operations and air warfare at Military.com. He has traveled to the Middle East to cover U.S. Air Force operations.
