Do you think this is an example of Double Jeopardy (Punishment)?

SGT Private RallyPoint Member — Wed, 19 Aug 2015 06:44:19 -0400

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

Response by SCPO David Lockwood made Aug 19 at 2015 6:52 AM

SCPO David Lockwood — Wed, 19 Aug 2015 06:52:02 -0400

Why didn't anyone look at his medical record? Everything should be in there, his meds, his diagnosis all of it. If it was me I would go to legal and tell them this and to have them look into this. This all started because he was denied his meds (it seems like) and the people who denied him his meds should be held accountable as well. My thoughts.

Response by Sgt Aaron Kennedy, MS made Aug 19 at 2015 7:11 AM

Sgt Aaron Kennedy, MS — Wed, 19 Aug 2015 07:11:21 -0400

Escalate to Legal. Do not pass go, do not collect $200. Go to Legal.

Response by SFC Private RallyPoint Member made Aug 19 at 2015 7:49 AM

SFC Private RallyPoint Member — Wed, 19 Aug 2015 07:49:43 -0400

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.

Response by SGT Kristin Wiley made Aug 19 at 2015 8:41 AM

SGT Kristin Wiley — Wed, 19 Aug 2015 08:41:00 -0400

At my last command, we had two soldiers caught with spice. Rather than waiting for UCMJ action, the Battalion Commander ordered them to remain in Battalion Headquarters under watch of the Staff Duty Officer. It was so ridiculous, we even had to escort them to the bathroom. Eventually the Battalion Commander allowed them back in their barracks room, but they had to report to Staff Duty IN PERSON every 4 hours (even in the middle of the night). Because of the Battalion Commander's actions, both soldiers got off due to the unjustifiable punishment that occurred, prior to an investigation and the soldiers being charged.

It sounds like your soldier is in a similar situation. I'm not sure the details of what the commander is authorized to do, but it doesn't seem justifiable to hold a soldier in the day room when he has been medically cleared. If he was counseled for his behavior, then the 'corrective action' needs to fit the crime. If they are pursuing UCMJ there are specific guidelines on what the commander can do as 'punishment'. If he feels this is unjust and using the chain of command is not an option, I would speak with IG.

Response by SFC Private RallyPoint Member made Aug 19 at 2015 9:01 AM

SFC Private RallyPoint Member — Wed, 19 Aug 2015 09:01:18 -0400

He really needs to talk to some legal advisors and get his side heard. Maybe even look outside of the military for help. there are countless organizations that would be willing to help out and even help him find legal counsel.

Response by CAPT Kevin B. made Aug 19 at 2015 9:35 AM

CAPT Kevin B. — Wed, 19 Aug 2015 09:35:55 -0400

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.

Response by Cpl Private RallyPoint Member made Aug 19 at 2015 11:14 AM

Cpl Private RallyPoint Member — Wed, 19 Aug 2015 11:14:14 -0400

So are the problems at the VA spreading into tricare/military hospitals? Why didn't they have his medical records should be the first and foremost questions. Secondly, why not escalate immediately upon return from the med center so that the issue would be handled before the critical point where no prescriptions had been filled. Who is culpable for a lack of initiative?

Response by MAJ Ken Landgren made Aug 19 at 2015 11:17 AM

MAJ Ken Landgren — Wed, 19 Aug 2015 11:17:20 -0400

He needs to go to TDA ASAP!

Response by 1SG Private RallyPoint Member made Aug 19 at 2015 2:13 PM

1SG Private RallyPoint Member — Wed, 19 Aug 2015 14:13:38 -0400

The Soldier needs a military lawyer. He will have some solid points to bring up which will affect his handling and characterization of service.
Having said that, he's getting chaptered. From what you say, rightly so. The commander is right to consider both UCMJ and a medical chapter. What does need to happen is to make sure he gets diagnosed (last documentation is that he has been CLEARED for duty) and receive proper treatment. This will matter greatly to him if he is to land on his feet once he is out.
In my mind, an Article 15 comes into play because of the Soldier's actions. I might recommend that the commander go smaller here, but not if he is cleared for duty. He behaved badly, and those actions need to be addressed. If the LTC's assessment is corrected by a second opinion, then I would reconsider an A15.
I hope your friend is OK. If he is not isolated, reach out to him and let him know you care. He could use a friendly face right now. Just don't let yourself get so involved that you stick your nose into this business too far. Your commander will certainly not appreciate it. They'll come to you (or your friend will) if the need for character witnesses arises.

Response by SFC Casey O'Mally made Jan 16 at 2019 6:35 AM

SFC Casey O'Mally — Wed, 16 Jan 2019 06:35:06 -0500

SPC Smith was not restricted to the day room by definition. I assume by your post he is free to go to the PX, Church, McDonald's, etc., provided he can find an NCO to escort him. This is not, technically, restriction. As has already been mentioned, the Commander has a very long leash when it comes to welfare and safety of troops. Both SPC Smith AND the rest of the Company, whom the Commander may deem SPC Smith is some sort of threat to. (I am not the CDR, and am not trying to speak for the CDR, nor am I trying to pretend to know the reason for the CDRs actions. Just stating possibilities.)
Your concern for your fellow Soldier is admirable. I am NOT stating unequivocally that it is unjustified, either. BUT... And please don't take this the wrong way, but you are probably too low on the totem poll to be aware of all of the relevant facts. When I was a junior Soldier, and later as a junior leader, there was a TON of stuff that I just KNEW was jacked up, coming down from BN and from the Company. Later, after having done more than my fair share of staff time, and working in an O Room, and after having some PSG time under my belt, I started to realize that over half of that jacked up stuff actually made pretty good sense. Now... 40-45% was still just stupid and wrong-headed (IMHO), but very little of that 40-45% fell in to the "individual Soldier treatment" category.