Can I be forced to write a statement of a situation/event I witnessed?

SGT Private RallyPoint Member — Sat, 17 Oct 2020 20:52:36 -0400

Good afternoon everyone. I have a situation that I am in. I did nothing wrong but was in a leadership meeting and my 1sg and OPS NCO got into a argument and now my 1sg wants me to write down what was said. I'm about to be in medical retirement and how I see it was 2 people who have some type of issue with each other. But I dont know if I am force to write this statement especially since it was on a blank piece of paper and my 1sg was the one collecting them. And we are a reverse unit so should i contact JAG or IG. If anyone has any advice that will be helpful please let me know thank you

Response by MSG Private RallyPoint Member made Oct 17 at 2020 9:14 PM

MSG Private RallyPoint Member — Sat, 17 Oct 2020 21:14:13 -0400

It is not an issue for you. The Statement is for documentation of evidence per your point of view. JAG and IG won't be much help, to be honest. All you have to worry about is writing the statement then moving forward with whatever else you need to take care of. Don't sweat it.

Response by SFC Private RallyPoint Member made Oct 17 at 2020 10:01 PM

SFC Private RallyPoint Member — Sat, 17 Oct 2020 22:01:55 -0400

You can write the statement, or if it escalates, the Investigating Officer can write it for you when they interview you.

In my opinion there is never a reason for an NCO - the standard bearers of integrity and candor - to refuse to provide documentation that is factual and objective regarding an event they witnessed.

Response by SFC Casey O'Mally made Oct 17 at 2020 10:33 PM

SFC Casey O'Mally — Sat, 17 Oct 2020 22:33:12 -0400

I do not know if you van be FORCED to write a statement. JAG would be your best bet to answer that question. I do know that know what can force you to include (or omit) anything in your statement. It is YOUR statement. 1SG can certainly ask you to write a statement regarding what was said - but he cannot tell you to "make sure you mention that SFC Schmedlap said I was a dick" or "don't worry about what *I* said, just write down SFC Schmedlap's words."

Demanding statements can be a risky thing, because the very act of demanding sets someone against you, and they may therefore remember things in a way that is more critical of you. No professional NCO should EVER lie on a statement or intentionally skew the facts. However memory is malleable and it IS influenced by preception, which is itself influenced by emotion. Don't piss off the witness...

1SG should have calmly and rationally asked if you were willing to document the confrontation, and then to protect the integrity of the process should have had the CDR or XO collect the statements (so that he cannot just pick the ones he likes - not that a professional 1SG would do that, but it helps to remove any ethical dilemmas or peeception of impropriety.)

In your position, I would ask to write my statement on an official sworn statement form (not a regular sheet of paper), ask to be officially sworn by an officer, and turn you statement in to the officer who swears you in.

Response by MAJ Javier Rivera made Oct 17 at 2020 10:33 PM

MAJ Javier Rivera — Sat, 17 Oct 2020 22:33:50 -0400

It’s a statement of an event you witnessed. So long you stay true to the facts, you shouldn’t sweat about it.

Response by SSgt Christophe Murphy made Oct 18 at 2020 1:43 AM

SSgt Christophe Murphy — Sun, 18 Oct 2020 01:43:46 -0400

If you feel uncomfortable with giving your first hand account to one of the two who are in the altercation to begin with you could speak to your OIC and provide the statement to him. You shouldn't withhold your statement as it is the right thing to do. Regardless of who is the guilty party if you see something you say something. But I could see the conflict of interest with providing the statement to somebody who is directly involved and who could possibly go after you if your statement contradicts his. I would go through your OIC and report what you saw. It will be on the record and could potentially protect you.

As for medical retirement don't stress. Your 1Sgt is way disconnected from that pipeline. I had a DBAG Comm Chief who tried to cause me grief while I was on a med board and it slowly came clear that he was out of line and it just made him look ridiculous.

Response by SPC Andrew Murray made Oct 18 at 2020 10:40 AM

SPC Andrew Murray — Sun, 18 Oct 2020 10:40:59 -0400

Yes, you can be required to do so. Even under civilian law you are required to testify when requested unless you're being asked to testify against yourself.

Response by SGM Erik Marquez made Oct 18 at 2020 7:17 PM

SGM Erik Marquez — Sun, 18 Oct 2020 19:17:04 -0400

SGT Private RallyPoint Member Write it, only what you remember, no inferences, no conclusions, no thoughts, feelings, embellishments or omissions. Do not pin yourself to a perfect cote of words used unless your positive those words were spoken verbatim ...So "As I remember it" "To the best of my recollection" "I believe what was said was" If you personally and first hand observed someone poke someone in the chest with an index finger, write that...if you only heard someone say don't poke me in the chest with your finger write that. Ect etc..

Response by SGM Bill Frazer made Oct 18 at 2020 7:58 PM

SGM Bill Frazer — Sun, 18 Oct 2020 19:58:36 -0400

If you were there then Yes, just as you could be subpoenaed into it at a court of law.

Response by SGT Private RallyPoint Member made Oct 18 at 2020 9:57 PM

SGT Private RallyPoint Member — Sun, 18 Oct 2020 21:57:23 -0400

Since it is apparent that you somehow felt" compelled/ threatened " due to your status I would check with JAG first.

Response by SSG Brian G. made Oct 19 at 2020 2:31 AM

SSG Brian G. — Mon, 19 Oct 2020 02:31:17 -0400

You are in the military. For however short or long. You swore an oath to obey orders from those above you. You were witness to and present for an event between two individuals. You are being ordered to give a statement of what you witnessed and heard.

You can talk to JAG but you have no legal or even moral recourse. You were given a order that is lawful. You can comply and give said statement or choose not to and face punishment yourself for disobeying an order and IF it escalates your statement will still be taken by an investigating officer.

Make the statement.

Response by GySgt Kenneth Pepper made Oct 19 at 2020 1:40 PM

GySgt Kenneth Pepper — Mon, 19 Oct 2020 13:40:16 -0400

Write the statement. Keep it simple and honest. Do not offer any opinions or speculation. If you do not recall the conversation verbatim, state it as such.
Also, get a copy for your own records.