Soldiers who use the "Race Card" to escape punishment. What to do?

SSG Private RallyPoint Member — Thu, 01 Oct 2015 08:21:18 -0400

I have a soldier who after numerous screw-ups on his part was getting recommended for an Article 15. The next day I was pulled aside by my leadership saying that there was rumblings that I was being racially prejudiced towards the soldier so they were dropping the Recommendation to prevent an EO investigation. I knew immediately this was an excuse and not the truth, and said as much, but was told basically that discretion was the better part of valor. Fast forward 2 months and the soldier continues to mess-up, failure to report numerous times, failure to notify of missing TA-50, Lying to an NCO. At this stage on the advice of my leadership I recommended for Bar To Re-Enlistment. Lo and behold, there is a rumor the next day that I am being racist towards this soldier. The result being he was taken from my squad and I gained someone else. So twice he escaped the punishment, yet there was never a complaint to any EO rep in the Brigade or any investigation. What advice can anyone impart to me here?

Response by SCPO David Lockwood made Oct 1 at 2015 8:23 AM

SCPO David Lockwood — Thu, 01 Oct 2015 08:23:33 -0400

The race card has no place in the military. Soldiers, Sailors, Marines and Airmen are all the same. I know that there are people out there who don't treat the same and they are the ones who should be dealt with.

Response by SGT Ben Keen made Oct 1 at 2015 8:26 AM

SGT Ben Keen — Thu, 01 Oct 2015 08:26:06 -0400

SSG Private RallyPoint Member - For the sake of conversation, please provide more information. How have you seen the "race card" played? What are some ways you combat this type of behavior by your Soldiers?

Response by SGT David T. made Oct 1 at 2015 8:38 AM

SGT David T. — Thu, 01 Oct 2015 08:38:34 -0400

I have run into this before. It is much easier if you have had one of the Soldiers who are the same race as you who have done the same thing that the Soldier in question did. If the 4856 are given at the same rates and wording is essentially the same it is very easy to counter that. I had one of my Caucasian troops be late a couple of times to formation. IAW my initial counseling, I verbally talked to the Soldier on the first offense, the 2nd I put it on paper, and the 3rd I counseled and implemented corrective training. On the 4th time I recommended UCMJ action. A few months later another Soldier I got in who was not in the same racial demographic as myself was late 4 times for formation. My process and documentation was virtually identical for both counseling packets. However that time, the Soldier was making claims that I was racially discriminating against against him. My PSG let me know what was being said and that I was having to go speak with the 1SG. I took the counseling packet from both Soldiers with me. So when I showed the 1SG that the process I used was identical in both cases that ended the matter right there. Soldier still got the Article 15 and I didn't have to deal with an EO investigation.

In your situation I wouldn't really worry about it at this point because it is no longer your problem. In the future make sure you document document document. Ensure that the process you use for disciplining them is identical because if not, you open yourself up for these types of allegations. A strong initial counseling helps too, the one I used back then was 15 pages and very detailed. That way there was no confusion about what was expected nor would there be any confusion on discipline issues.

Response by LTC Private RallyPoint Member made Oct 1 at 2015 8:39 AM

LTC Private RallyPoint Member — Thu, 01 Oct 2015 08:39:42 -0400

Document everything. Welcome an EO investigation everytime. Shows you have nothing to hide. Make your chain of command and EO do their job. If not the bad Soldiers keep being in (regardless of race, gender, etc. they need to go if they cannot be corrected).

Response by SSG Robert Spina made Oct 1 at 2015 9:03 AM

SSG Robert Spina — Thu, 01 Oct 2015 09:03:35 -0400

UNFORTUNATELY THAT IS THE WORLD WE LIVE IN WHERE PC TRUMPS COMMON SENSE KEEP YOUR RECORDS TO PROTECT YOURSELF

Response by SPC Christopher Perrien made Oct 1 at 2015 9:05 AM

SPC Christopher Perrien — Thu, 01 Oct 2015 09:05:42 -0400

Nail people for what they do in public, so there are witnesses(of higher rank than yourself) and present yourself as bound by regulations to act.

Also, If you can't set up such a moron, perhaps you need to find another line of work. And by setup, I mean think about what and when this fool is going to screw up next, and be ready. You don't have to "set-up" anything, they will set themselves up.

Also just because this ass has been moved to another "squad", don't think he is not out to screw you over, so be careful. And get him for something real and blatant, before he just says you and him/her were alone and you called them some racial term.

Response by CW5 Private RallyPoint Member made Oct 1 at 2015 9:05 AM

CW5 Private RallyPoint Member — Thu, 01 Oct 2015 09:05:49 -0400

Why would a command team try to avoid an EO complaint? Do they not care about a real or perceived problem in the unit?
Its like CI inspections. You need them to find out what is wrong (if you dont know already).

I would talk with his new team chief and let him know what to expect as far as disciplinary problems go. The counseling packet you have should go to the new leader as they are local records that stay with the unit until PCS.

Response by MSG Private RallyPoint Member made Oct 1 at 2015 9:56 AM

MSG Private RallyPoint Member — Thu, 01 Oct 2015 09:56:41 -0400

Wow. You had everything written down in counselings, I am guessing? Personally, your command had/has no backbone to back you up in fear of their careers. I feel your pain. Perhaps YOU should file an EO complaint. At least talk to JAG and perhaps someone at the IG office to see what your options could be.

Response by CMSgt James Nolan made Oct 1 at 2015 10:24 AM

CMSgt James Nolan — Thu, 01 Oct 2015 10:24:41 -0400

SSG Private RallyPoint Member Welcome to the real world. Do not fear EO or IG. You document good and bad behavior for reward and discipline. When they (EO/IG) come knocking, you welcome them and show them what you have and what you have done. You behave like professionals.

Your troop just beat your unit by simply making a threat. That lack of stones just set your unit up for failure. What happens the next time that somebody does the same things and you go to discipline them for their behavior? They file a legit complaint for disparity and your unit looks like F Troop.

Response by 1SG Private RallyPoint Member made Oct 1 at 2015 2:45 PM

1SG Private RallyPoint Member — Thu, 01 Oct 2015 14:45:20 -0400

Step one: Counsel
Step two: Document
Step Three: Report
After that, it is up to the commander. If this turd is what you say he is, he will continue to self-identify in the new squad.

Response by SFC Mark Merino made Oct 1 at 2015 3:54 PM

SFC Mark Merino — Thu, 01 Oct 2015 15:54:17 -0400

Tell your CoC to bring it! I've had to deal with the same vile crap and that is where documentation proves invaluable. The CoC needs to wear big boy pants and get their heads out of the sand. Right is right, wrong is wrong.

Response by CW3 Kevin Storm made Oct 1 at 2015 4:08 PM

CW3 Kevin Storm — Thu, 01 Oct 2015 16:08:25 -0400

I love the race card, here let me dial the number for you. Please spell my name right, nothing worse than when people call me Strom instead of Storm. Welcome an investigation, it shows you have nothing to hide. Show your documentation, have it ready. If possible now a days get witness statements from other soldiers, and NCO's. People who live in fear of the card, normally have a reason to fear the card. Don't give a troop a reason to use it against you. Odds are the local out house attorney at law is providing "legal council."

Response by SSG Private RallyPoint Member made Oct 2 at 2015 3:37 PM

SSG Private RallyPoint Member — Fri, 02 Oct 2015 15:37:46 -0400

I had no problem at all with an investigation. The soldier had no reason to play that game. I punish and reward equally to those that deserve it, but the advisement is that an investigation, whether found guilty or not, will follow you everywhere. I've also seen plenty of instances where soldiers were "made an example of"

Response by SGT Private RallyPoint Member made Nov 10 at 2015 11:46 PM

SGT Private RallyPoint Member — Tue, 10 Nov 2015 23:46:52 -0500

Document everything as you probably have and then use the open door policy with the coc. If you level won't do it then spotlighting it higher will.

Response by MAJ Private RallyPoint Member made Dec 6 at 2018 7:42 AM

MAJ Private RallyPoint Member — Thu, 06 Dec 2018 07:42:33 -0500

The regulations have specific rules on EO investigations. I would have advised to do an EO investigation so long as there was an actual informal/formal EO complaint. Then if it was unsubstantiated, I would have advised to continue with discipline. IG, EO, SHARP should not be feared - they should be encouraged openly by the command. I have found that if the leadership is doing things properly, there is nothing to worry about. The hiding of things and covering things up is where the problems begin.