What do you do when a soldier court martialed for SHARP brings you a clemency packet?

2015-02-23T19:51:29-05:00

I need your assistance with this community. A soldier court martial on SHARP sends me a clemency packet to review. I reviewed packet and saw no reason why soldier was court martial.

I called the soldier and asked what evidence was submitted in your case, he replied there was none it was hearsay. RP community this individual had all documents clearing him of charges from inconsistencies in statements to perjury in a court of law. There were more holes in this case than mesh material.

Army clearly ignored facts.

Question is why was this referred to court martial and what should I do to fix a wrong handed to this soldier?

Response by Lt Col Private RallyPoint Member made Feb 23 at 2015 8:01 PM

2015-02-23T20:01:16-05:00

Has it already gone through appeal process yet? In either case I would seek maybe a area defense council or whatever the Army calls it. It's typically not the the base jag as that person is the prosecutor and represents the convening authority. If it has not gone through the Army criminal court of appeals yet you might try to find who his appellate council will be.

Response by MAJ Private RallyPoint Member made Mar 1 at 2015 6:51 PM

2015-03-01T18:51:26-05:00

First Sergeant, I just gave you the "thumbs up" to make sure I had your attention. If you haven't already done so, you need to get your Soldier in contact with Trial Defense Services ASAP!

Response by LTC Private RallyPoint Member made Mar 1 at 2015 6:57 PM

2015-03-01T18:57:26-05:00

1SG Don Stand, frankly, you don't have the authority to review the findings of the court martial, nor the clemency packet. "Hearsay" is a legally loaded word that I doubt either you or the Soldier understand.

What about the problems with your RP account? You have an unverified "Veteran's" account, so what Soldiers do you actually have? Are you currently serving? If not, are Soldiers taking their legal matters to non-lawyers outside of the military? First, the Soldier needs legal advice, not yours. Second, your English does little to allay my fears that yours is a fake account.

Response by CSM Michael J. Uhlig made Mar 1 at 2015 7:02 PM

2015-03-01T19:02:31-05:00

1SG Don Stand, don't forget there are two sides to every story....were you able to actually review the facts of the case, the court documents?

My best advice is to remain objective and actually review the facts of the case yourself BEFORE putting pen to paper and signing your name to a clemency recommendation.

Response by LTC Jason Mackay made Mar 1 at 2015 7:40 PM

2015-03-01T19:40:04-05:00

There is a well established appeal process that any TDS Counsel worth their salt would know. It starts locally and could go to the US Supreme Court. The accused needs to take this up with his counsel. Quite frankly, can't see why their TDS Counsel did not/would not help with the clemency packet.

Response by COL Jason Smallfield, PMP, CFM, CM made Mar 1 at 2015 7:41 PM

2015-03-01T19:41:57-05:00

- Is it possible that a Soldier was court martialed on SHARP (whatever that means) and was wrongly convicted? Yes.
- Is it probable? No.
- I am not sure the UCMJ has an article for violation "of SHARP". There are, however, articles concerning rape, sexual assault, sexual harassment, etc. The specific charge, specifications, and evidence would need to be known before any sort of educated and informed commentary could be given.
- I am not a lawyer but hearsay has a very specific definition and is generally not allowed except in limited instances. I find it hard to believe that this Soldier was convicted upon hearsay evidence alone.
- Based upon your post, all of the "evidence" you have has been produced by this Soldier. I would go to the source documents themselves to see for myself to confirm or deny what this Soldier was telling me.
- I am familiar with the clemency concept but I do not know the process or procedure to request it for a Soldier. I recommend you contact the SJA that supports your unit to determine what the process or procedure is.

Response by LTC Jason Mackay made Mar 1 at 2015 8:08 PM

2015-03-01T20:08:53-05:00

Which regulations have you reviewed?

Response by 1SG Private RallyPoint Member made Mar 1 at 2015 9:30 PM

2015-03-01T21:30:05-05:00

Sounds like a job for the legal department.
Look top, I understand that you want to support a Soldier and are confident in your research abilities, But this is truly one for the experts.
It is highly unlikely in this day and age that the Soldier was convicted on hearsay. Perjury, perhaps.
SHARP - related offenses definitely have some command emphasis as well.

Interesting that you are saying clemency, not appeal. Clemency means he was punished unfairly, not wrongly convicted.

Response by SGT Francis Wright made Mar 1 at 2015 9:51 PM

2015-03-01T21:51:59-05:00

Top, you know what is going on, if he was my troop. I would recommend to the CO; to give him an Art. 15, with a suspended bust.

Response by MAJ Private RallyPoint Member made Mar 1 at 2015 9:57 PM

2015-03-01T21:57:58-05:00

Wow that
MAJ Private RallyPoint Member is right.

Response by PO2 Michael Stewart made Mar 1 at 2015 10:03 PM

2015-03-01T22:03:48-05:00

You should refer it to the BCAR (Board for Correction of Army Records). This is a civilian oversight committee and they have the authority to give relief to the soldier and review the court martial and correct mistakes made at the court martial up to and including expunging the whole matter altogether if it is warranted.