Any advice on SM utilizing alternative avenues to evade SHARP related allegations?

SGT Private RallyPoint Member — Thu, 30 Sep 2021 16:56:41 -0400

I've came across this information as one of the soldiers of my section, lets call her SM-1, approached me for advise. SM-1 was worried that one of the soldiers, lets call him SM-2, would weasel out of the investigation or any repercussions. SM-2 is on the brink of a SHARP investigation and that has both a history with other female soldiers, and a list over one hundred documented complaints against him. Apparently SM-2 went to his medical provider and faked having ASD (Autism Spectrum Disorder) to a a degree, in order for him to get medically retired and absolved. Due to HIPAA, I cannot corroborate a lot of these claims, which is less than ideal when dealing with these type of situations.

Additional info:

- SM-2 is still on IET status.

- SM-1 has not been a victim of SM-2, but someone in her inner circle has.

Lastly, for full disclosure, a lot of this information is from the Jr. enlisted rumor mill. I do take SHARP related incidents very seriously and if true, I want SM-2 to face the consequences of his actions.

Response by SFC Casey O'Mally made Sep 30 at 2021 5:36 PM

SFC Casey O'Mally — Thu, 30 Sep 2021 17:36:02 -0400

If SM 2 was able to enlist, then he did not have Autism severe enough to prevent self control to the point of it absolving SHARP complaints. Autism is not aomething that just appears over night.

*If* SM 2 is recommended for medical separation - and that is a big if - the Command still has a lot of room to enforce SHARP. Medical separations take time. Definitely enough time to process and Article 15. Additionally, if there is enough to warrant a non-medical chapter (such as pattern of misconduct), then it goes to the General to determine which chapter will be utilized.

There is a lot more "in the weeds" technical stuff involved, which you don't really need to worry about, unless you are in SM 2's CoC. But you can assure SM 1 that this ploy will NOT work to allow SM 2 to hide from their actions - if SM 2 really did whatever he is accused of. Innocent until proven guilty and all that jazz.

Finally, if you are not involved, don't get involved. If things have already been reported, then stay out of the way and let the process work.

Response by SGT Christopher Hayden made Sep 30 at 2021 8:04 PM

SGT Christopher Hayden — Thu, 30 Sep 2021 20:04:04 -0400

How do you get 100 complaints against you and still find a way to stay in the service long enough to get medically retired?

Response by CPT Private RallyPoint Member made Sep 30 at 2021 11:01 PM

CPT Private RallyPoint Member — Thu, 30 Sep 2021 23:01:50 -0400

I thought I was going to provide some valuable input, but I guess not in this case. The offending SM is a pre MOSQ soldier, so it looks like he's up against a system that's going to be highly motivated to cut bait. His trying to get something out of the system before he's actually even done anything for the Army is going to be greatly curtailed.

Want to avoid SHAPR?
1) Don't do SHARP things.
2) Want to prevent BS SHARP complaints against yourself? Battel Buddy for counseling sessions of subordinates, make sure subordinates have their own battle as well, or at the very least their own Platoon leadership present.

The Army gives SM's more than enough chances before it gets to a decisions authority. So that's my recommendation. If a SM is messing up, then his immediate leadership needs to square him away before the scenario gets to a decision authority.

Why? Because, when I was placed in the decision authority of company level things I realized by time it finally got to my desk the SM had already gone through chances 1,2,3,4,5, etc...... So I was of the mentality that if a SM put themselves in my administrative crosshairs that in every single instance I should pull the trigger. I only wouldn't pull the trigger if the SM was failed by his immediate leadership (which almost never happened).

A NCO can give one infinite push ups, and crappy details. If it goes past that line then: Rank, Pay, Performance Evaluations, Nature of separation all become game.

Response by SSG Roger Ayscue made Oct 1 at 2021 12:02 AM

SSG Roger Ayscue — Fri, 01 Oct 2021 00:02:14 -0400

Sergeant, the very first question that I would have to ask is 'How in the world did this individual amass over 100 documented complaints against him?' It would seem to me and I would bet most career Soldiers that read this, that IF all the information that you have listed are true, then the entire chain of command of that unit has some big questions to answer. No Commander worth the title of Commander would sit by and allow a Soldier to remain in a position that he could continue to offend.

Response by PFC Andrew "Tommy" M. made Oct 1 at 2021 5:29 AM

PFC Andrew "Tommy" M. — Fri, 01 Oct 2021 05:29:07 -0400

"SM-1 has not been a victim of SM-2, but someone in her inner circle has.

Lastly, for full disclosure, a lot of this information is from the Jr. enlisted rumor mill."

Someone is going to have to go through all of the "she said, he said" and find the truth because right now SM-1 can only be taken as spreading hearsay .

Response by CSM Darieus ZaGara made Oct 1 at 2021 6:49 AM

CSM Darieus ZaGara — Fri, 01 Oct 2021 06:49:49 -0400

You have nothing here. There cannot be 1 let alone 100 complaints without review. If the SM is receiving a medical retirement the military can halt everything for an investigation. Speak to you Commandvteam, at least at Company level, share your concerns and move on.

Response by SSgt Christophe Murphy made Oct 1 at 2021 11:23 AM

SSgt Christophe Murphy — Fri, 01 Oct 2021 11:23:28 -0400

Med boards take time. Even if someone had an appointment today to pursue a medboard you are looking at 6-12 months at a minimum. More than enough time for a sharp investigation to be conducted.

Sounds like a lot of ifs, maybes and third parties. If someone has a claim of misconduct they need to make a statement and get the ball rolling. The sharp investigation will move much faster than the med board but without witnesses and witness statements it’s heresay.

Response by SFC Private RallyPoint Member made Oct 1 at 2021 12:21 PM

SFC Private RallyPoint Member — Fri, 01 Oct 2021 12:21:39 -0400

My advice is to stay out of it. Seriously. Just don't. This is not your job or your lane. Countless investigations have been complicated by well meaning people getting involved where they shouldn't be.

This also sounds like a bunch of PNN and barracks lawyer rumor mill. If this is an AIT kid we can assume he's probably been there less than a year, so you're talking about a documented SHARP case about every other day. Let that sink in for a minute. A commander allowing a Soldier to remain while getting a new SHARP case every other day. That's just not a realistic statistic. While I don't doubt there may be multiple SHARP incidents you have no idea of how many unless you are the SARC or the Commander.

If an IET Soldier is seeing a provider about Autism, it's not your concern. You really can't fake autism and unless this is your medical specialty, you aren't qualified to tell. If the Soldier is separated for ASD they won't be medically retired, it's not something you develop, it's something you have when you join. The Soldier would be medically separated and that's it. If he's lucky he may get a few thousand as separation pay but reality is that ASD doesn't qualify for a disability rating from the Army because it wasn't acquired during service.

What is the specific justice you believe this Soldier should get? The charges aren't sexual Assault or the police would be handling it and it would be a criminal investigation. If it were, it would be a criminal matter and you can still go to prison if you get separated. So, you're talking about hostile workplace, possibly some groping, probably inappropriate comments. The Army isn't going to court martial or imprison someone over that, they're going to kick them out. They're also going to kick them out if the Soldier has ASD.

The moral of the story is military justice is complicated and its not your lane. If you want it to be your lane, go to OCS and become a commander, otherwise you are not qualified to interfere. Your responsibility is to report any incidents you hear about and let the commander work within the parameters of the law and regulations. For all the stories you hear about people who supposedly "got away with it" there really is no way to just dodge military justice. UCMJ gives Commanders wide authority to dispense justice, without the need for a lot of evidence, as they see fit in order to maintain good order and discipline

Response by SPC Private RallyPoint Member made Oct 4 at 2021 12:10 PM

SPC Private RallyPoint Member — Mon, 04 Oct 2021 12:10:51 -0400

Sounds like PNN, but PNN has been the basis for investigations in the past and some of them turn up some dirt. I doubt the 100* documented complaints though, especially in an IET setting.

Many commanders do regular (weekly/bi-weekly) legal briefs with their JAG, especially at the battalion and brigade level which filters down to the companies and detachments and considering it's SHARP related, it would be on the the BDE CO and CG's radar even if it were just one incident.

Document the rumor mill, report it up your chain, stay out of the way. If an Investigating Officer comes knocking, give them the information you have.