Trying to help a battlebuddy out. If an E6 constantly picks fights with an E5 and records them arguing w/out their knowledge is that legal?

SSG Jamil Spruill — Fri, 27 Nov 2015 14:11:15 -0500

Response by SCPO Private RallyPoint Member made Nov 27 at 2015 2:21 PM

SCPO Private RallyPoint Member — Fri, 27 Nov 2015 14:21:29 -0500

At best, it's chickenshit and a gross abuse of rank. The legality of it is perhaps not really the issue. It's morally and ethically wrong, and should be subject to the some strict critical review up the chain of command immediately.

Response by SSG Jamil Spruill made Nov 27 at 2015 2:23 PM

SSG Jamil Spruill — Fri, 27 Nov 2015 14:23:52 -0500

Oh yeah I meant picks fights

Response by COL Private RallyPoint Member made Nov 27 at 2015 2:24 PM

COL Private RallyPoint Member — Fri, 27 Nov 2015 14:24:19 -0500

The term picks fights is subjective. Need an actual description of what's happening. If the E6 is asking if they're in the proper uniform or have their equipment its not picking a fight. If they are simply berating them without it being constructive that's different. As for recording without permission it depends. If it's in public it's legal. If it's a phone conversation of something it is not

Response by SFC Private RallyPoint Member made Nov 27 at 2015 2:36 PM

SFC Private RallyPoint Member — Fri, 27 Nov 2015 14:36:35 -0500

90s army. If I'm the e-5 we will fight for real. In today's army I would start reporting the NCO through my CoC and NCO support channel.

Response by CMSgt James Nolan made Nov 27 at 2015 2:46 PM

CMSgt James Nolan — Fri, 27 Nov 2015 14:46:16 -0500

That should be in the Wikipedia definition of Toxic Leadership

Response by CPT Private RallyPoint Member made Nov 27 at 2015 2:46 PM

CPT Private RallyPoint Member — Fri, 27 Nov 2015 14:46:39 -0500

Is there false reporting happening in connection with this event? Is the E-5 receiving negative counseling as a result of the arguments/recordings? What constitutes "pics fights" as in how is the fight instigated? How are the recordings used? How did the E5 become aware of the recordings?

Response by SFC Private RallyPoint Member made Nov 27 at 2015 3:03 PM

SFC Private RallyPoint Member — Fri, 27 Nov 2015 15:03:46 -0500

No it is not!

Response by SGT Del Lavature made Nov 28 at 2015 10:02 AM

SGT Del Lavature — Sat, 28 Nov 2015 10:02:11 -0500

I guess I'm of a different mindset here, my very first course of action as an E-5 would be to approach the E-6 with a fellow E-5 (not a lower enlisted soldier as they shouldn't be involved) I would stand at parade rest and politely ask what it is that I am doing wrong that they find it necessary to single me out all the time. If this isn't productive I would then ask the E-6 if he would accompany me to the platoon Sgt. If you still don't get the results you want ask tryout platoon Sgt if you can see the commander or 1sgt. This will then force the had of the platoon Sgt to take action. If you are being recorded it shouldn't matter because you should be tactful and professional at all times and that recording captures both sides of the conversation. Definitely utilize your chain of command do not jump the chain of command as you then lose your leverage.

Response by MAJ Ken Landgren made Nov 28 at 2015 3:24 PM

MAJ Ken Landgren — Sat, 28 Nov 2015 15:24:24 -0500

Have him go back to the recordings to start his detailed journal. It is just a smart thing to do.

Response by SGT(P) Private RallyPoint Member made Nov 29 at 2015 9:06 AM

SGT(P) Private RallyPoint Member — Sun, 29 Nov 2015 09:06:01 -0500

Sounds like they are a bit of an asshole. While there is no statute saying they cannot record, it is an abuse of rank and power.

Response by MAJ Ken Landgren made Nov 29 at 2015 1:38 PM

MAJ Ken Landgren — Sun, 29 Nov 2015 13:38:38 -0500

Save the videos as it may be used to convince superiors.

Response by SSG Private RallyPoint Member made Nov 30 at 2015 4:51 AM

SSG Private RallyPoint Member — Mon, 30 Nov 2015 04:51:22 -0500

E-5 has to understand.... He must record too!!!

Response by SCPO Joshua I made Nov 30 at 2015 6:31 AM

SCPO Joshua I — Mon, 30 Nov 2015 06:31:19 -0500

What's the rest of the story.