Posted on Aug 19, 2015
Do you think this is an example of Double Jeopardy (Punishment)?
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One of my friends, has certain mental instabilities, such as PTSD, Anxiety and ADHD. He is medicated, and is normally (99%) of the time, perfectly normal, a great troop and a fantastic guy. His unit (undisclosed), wouldn't "refuse" to let him receive his medication, however when he went to the medical center, they informed him that he " Was not in the system". It had been (up to this point) 2 weeks, and subsequently, he ran out of his medication. Now, if you know anyone who has the trifuckta known as PTSD, ADHD and ANXIETY, you can imagine how this affected him. He had a break of sorts. He got yelled at (justified) by a senior ranking individual. My buddy, yelled back (Yes, he was wrong as hell) and the insuing shit storm resulted in him being admitted to a psych ward on another installation. The ward, after one night, cleared him of any issues, including suicide, or homicide watch. There has been no formal or informal paperwork provided by his leadership explaining as to why what happened, did happen..
Here's what happened: When he returned to his unit, he was ORDERED by voice, by his commanding officer (A Captain) to remain in the day room, with the Charge of Quarters personnel, at all times. That he was NOT to go ANYWHERE without a senior leader (initially SSG+, then later SGT/CPL+).
He is currently in the process (not pending quite yet) a medical chapter for personality disorders (approved by the commander).
The commander is also (pending) pushing a field grade Article on him for disrespecting a senior NCO (TOTALLY understandable)
So here are the foot notes.
*alias-SPC James Smith*
SPC SMITH has mental issues that were evident, and approved by appropriate medical personnel, and is medicated to handle issues.
SPC SMITH was low on medication, sought assistance from the medical station multiple times.
The medical station FAILED to enroll him in a TIMELY MANNER to ensure a lapse did not occur.
Subsequently SPC SMITH had a break in personal character, and acted out of character, resulting in attributes that are normally mitigated, IE: Screaming at senior NCO's
SPC SMITH was admitted to a psychiatric ward, where medical personnel ( of Doctor authority, namely a LTC) cleared him, with documentation, to RTU.
The Commander gave the order, directly to SPC SMITH to remain housed in the day room of the barracks. Sleeping on the couch. That he was not authorized to proceed anywhere without NCO supervision. There is no documentation. This has been for 11 days now.
Here is my real question. SPC SMITH is a victim of double punishment, and please correct me if I'm wrong, before I proceed to talk to the chain.
Smith was RESTRICTED to the DAY ROOM, restriction defined per US CODE §815-Art. 15: Restriction to certain specified limits, with or without restriction to duty for not more than 14 consecutive days.
Smith was not put on Homicide or Suicide watch.
Smith is also pending an Article 15, and a Chapter. Please help me out here, I know it was lengthy. Thank you for reading, and your (hopeful) input
Here's what happened: When he returned to his unit, he was ORDERED by voice, by his commanding officer (A Captain) to remain in the day room, with the Charge of Quarters personnel, at all times. That he was NOT to go ANYWHERE without a senior leader (initially SSG+, then later SGT/CPL+).
He is currently in the process (not pending quite yet) a medical chapter for personality disorders (approved by the commander).
The commander is also (pending) pushing a field grade Article on him for disrespecting a senior NCO (TOTALLY understandable)
So here are the foot notes.
*alias-SPC James Smith*
SPC SMITH has mental issues that were evident, and approved by appropriate medical personnel, and is medicated to handle issues.
SPC SMITH was low on medication, sought assistance from the medical station multiple times.
The medical station FAILED to enroll him in a TIMELY MANNER to ensure a lapse did not occur.
Subsequently SPC SMITH had a break in personal character, and acted out of character, resulting in attributes that are normally mitigated, IE: Screaming at senior NCO's
SPC SMITH was admitted to a psychiatric ward, where medical personnel ( of Doctor authority, namely a LTC) cleared him, with documentation, to RTU.
The Commander gave the order, directly to SPC SMITH to remain housed in the day room of the barracks. Sleeping on the couch. That he was not authorized to proceed anywhere without NCO supervision. There is no documentation. This has been for 11 days now.
Here is my real question. SPC SMITH is a victim of double punishment, and please correct me if I'm wrong, before I proceed to talk to the chain.
Smith was RESTRICTED to the DAY ROOM, restriction defined per US CODE §815-Art. 15: Restriction to certain specified limits, with or without restriction to duty for not more than 14 consecutive days.
Smith was not put on Homicide or Suicide watch.
Smith is also pending an Article 15, and a Chapter. Please help me out here, I know it was lengthy. Thank you for reading, and your (hopeful) input
Legal Services
UCMJ
Posted >1 y ago
Responses: 10
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Spc, this is a very slippery slope. It is good that you are trying to do right by your peer but I will caution you against being a "barracks lawyer." Understand that commanders have a LONG leash when it comes to the welfare, safety, and discipline of their troops, including restrictive actions. Like others have stated your friend needs to take HIS concerns to JAG or IG if he feels it is warranted. If you personally feel the unit is abusing the soldier then I encourage you to take it to IG or the appropriate agency. But be careful about firing out wayward regulations.
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For the record "double jeopardy" only applies to criminal trial, not civil, not administrative procedures, etc. So the real question is how this soldier is being managed. Other than him getting over to Legal to protect what few rights he has, I think the system is gearing up to push him out. That's what they do to high maintenance people. Fact of life. Flipping them out and over to VA with no deposit, no return mentality is the norm.
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