Posted on May 22, 2017
How many of you think that UCMJ is a fair system? Do Senior Officers get the same treatment as Enlisted? If not, why not?
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UCMJ
UCMJ
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Well for 2 reasons, How many Generals and Colonels in the last few years have gotten off, with a smack on the hand and just a reprimand and retire with full pay for messing with a young LT or CPT? Second, How many Security breaches have we heard of in the last few years from the higher CoC that are still not punished? If it would have been one of us we would have been hanged along time ago! Let an NCO mess with some female Private or Specialist and see how fast we get hemmed up!
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Seems to me I remember recent cases where an O-6 or above was allowed to retire with full benefits (yeah, ok. One goober retired with one star instead of two and still went on to land a six-figure consulting job) while a E-8 with very similar charges was given an Dishonorable, loss of all pay and benefits, and given some jail time. The UCMJ may be fair but the punishments dang sure are not.
Then again, I've long held the position the higher your rank, the more severe your punishments should be.
Then again, I've long held the position the higher your rank, the more severe your punishments should be.
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LTC (Join to see)
Yet, NCOs are only held responsible for their own behavior. I can remember a recent case where an O-8 was ruined for failing to be sufficiently condemnatory of an O-6’s alleged misbehavior.
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I have learned in my military career to not worry about punishment imposed on others. I have been serving for the last 13 years and know for a fact that UCMJ proceedings can be avoided if you continually do the right thing. The victim mentality would make people believe that UCMJ is given when there were no infractions, however this is not true. Now as far as the fair statement, show me anything that is "Fair" and I will show you holes. Life is not fair and we have to be mindful of our own actions at all times. UCMJ is just as fair if not more so than the U.S. Judicial system. Have people gotten screwed "Of Course" but that don't make the whole system flawed. Just my opinion!
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SFC Kevin Ireland
1SG (Join to see) - In at least two cases I can unequivocally, "yes, the commander had it out for them". In one case the soldier was accused of being insubordinate to his PSG. Our Commander waited over two months to present his findings. Of course it was all done in one day. He waited until the soldier's witnesses were all on block leave and unable to give testimony. No statements were taken, even though it was requested. I was his squad leader and I made sure the witnesses made sworn statements but I was never allowed to present them. When it went down I wasn't told about it until after the fact so as to keep me from being present. The only people present were the PSG, CDR, and 1SG. As soon as I found out I helped him with an appeal based on "unjust punishment" but our SQDN CDR had been in command less than 30 days and so it went nowhere. What his offense? The PSG told him to move a vehicle that he wasn't licensed on, and after informing the PSG that he wasn't, he was told to do it anyway and he refused. BTW, the PSG was later convicted for borrowing money from lower enlisted.
The other time, the soldier had the misfortune of bringing the CPTs former girlfriend to a company picnic, not knowing she was the commander's ex. From that day forward the CDR had it out for him. After being late to a formation the CDR jacked him up. Yes, it was legal, but I could name at least half of the company who had been late before including the CDR and 1SG and no one else was ever given an ART-15 for being late.
The other time, the soldier had the misfortune of bringing the CPTs former girlfriend to a company picnic, not knowing she was the commander's ex. From that day forward the CDR had it out for him. After being late to a formation the CDR jacked him up. Yes, it was legal, but I could name at least half of the company who had been late before including the CDR and 1SG and no one else was ever given an ART-15 for being late.
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PO1 (Join to see)
Nevertheless, the preponderance of lenient punishment is in favor of officers despite their infractions far exceeding the severity of enlisted infractions. I guess leading by example stops at the door when it comes to punishment...
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SSG Kevin McCulley
PO1 (Join to see) this is all you need to know about the officer corps... they knew about thg is kid and did nothing until it hit the press..
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