What is the Course of Action for a unit ignoring blatant security and UCMJ violations?

2018-03-08T10:34:32-05:00

Try to get a consensus from the community regarding a critically strategic unit ignoring or field adjudicating (against Army policy and regulation) blatant security and UCMJ violations by one of its officers such as providing false information on an SF-86, trying to facilitate the sale of controlled substances, fraud, and conspiracy for all of the above? Also curious about COAs in response to reprisals taken against a soldier who reported the above infractions (4 felonies and at least 12 articles of the UCMJ) to the proper authorities - not through their CoC - by the unit in question and that soldier's own unit? Someone is asking two different IGs as well as both the Senate and House Armed Services committees that same question, but figured I'd get a read off the community as well. I personally believe it should be career ending for all parties involved save the soldier who did the right thing yet is the only one with their career in jeopardy.

Response by SGM Erik Marquez made Mar 8 at 2018 10:46 AM

2018-03-08T10:46:10-05:00

That has a visit to the IG all over it.... The IG will alert OPM's Federal Investigative Services (FIS), CID, MPI or other agencies as they feel appropriate to further the investigation.
It could also be reported to the local CID office, and like the IG would do, they will bring in other agencies as needed.

Response by SFC Stephen King made Mar 8 at 2018 10:46 AM

2018-03-08T10:46:27-05:00

http://www.dodhotline.dodig.mil/programs/whistleblower/military_nafi.html

DoD IG - About Whistleblower Protection

All changes listed below are only applicable to instances where the unfavorable personnel action (or denial of a favorable personnel action) occurred on or after December 26, 2013. All instances where the action happened prior to 26 December, 2013 are handled under the procedures in place prior to 26 December, 2013.

Response by MSgt Gerald Orvis made Mar 8 at 2018 10:54 AM

2018-03-08T10:54:35-05:00

Assuming the IG finds the allegations valid, then actions such as relieving/court-martialing the unit commander, courts-martial/prison all around for any other UCMJ malefactors, and reorganizing the unit to be more disciplined and controllable would be entirely appropriate. If congressional inquiries reveal a pattern of law-breaking, then the reliefs should start at the top and work down to the unit. The whistleblower who reported these alleged violations to the appropriate authorities should be protected (as well as PCS'd) to get him out of range.

Response by CSM Richard StCyr made Mar 8 at 2018 11:29 AM

2018-03-08T11:29:14-05:00

To report reprisals against whistle blowers.... Contact the:

U.S. Office of Special Counsel at 1730 M. Street N.W. Suite 218
Washington D.C. 20036
Phone [login to see] , Toll Free [login to see]
email, @ http://www.osc.gov

Report the reprisal and see what shakes out from there. Hope this helps.

Response by CPT Private RallyPoint Member made Mar 8 at 2018 11:32 AM

2018-03-08T11:32:07-05:00

This has relief for cause written all over it...

Response by 1SG Dennis Hicks made Mar 8 at 2018 11:41 AM

2018-03-08T11:41:53-05:00

This sounds like a shit sandwich no matter what you do, If you have collected the proof of these actions make multiple copies, if it is this bad the COC will do everything within their power to squash this, Career ending investigations tend to be shotgun blasts to the COC and it takes out many and damages many more. If you are on solid ground then go for it, in the end you have to look yourself in the mirror and live with yourself. Toxic leadership like what you posted needs to be ripped out by the roots or it will grow larger until it hurts many good troops. On a side note even if this gets handled and all seems to be going well there will be behind the scenes payback to anyone who exposed this crap show. Toxic leaders have their support system and they can reach out from many directions with minimum linkage no matter how many whistle blower protections are out there. Good luck and watch your 6 constantly.

Response by Sgt Aaron Kennedy, MS made Mar 8 at 2018 11:48 AM

2018-03-08T11:48:23-05:00

"Try to get a consensus from the community regarding a critically strategic unit ignoring or field adjudicating (against Army policy and regulation) blatant security and UCMJ violations by one of its officers such as providing false information on an SF-86, trying to facilitate the sale of controlled substances, fraud, and conspiracy for all of the above?"

We have an obligation to report it upward or become complicit. If you think there was negligence or malfeasance, you report it. There is a process, which must be followed (varies by Service), but following that process triggers Wistleblower Protections.

"Also curious about COAs in response to reprisals taken against a soldier who reported the above infractions (4 felonies and at least 12 articles of the UCMJ) to the proper authorities - not through their CoC - by the unit in question and that soldier's own unit?"

Request Mast (or equivalent). This alone will trigger a separate investigation (into his grievance) but "should" marry up with the one reported above. If a Servicemember feels they have been "wronged" they have the legal Right to seek redress. Again, through the proper process.

All that said, if there is an honest belief that Laws/Regs/Policy are not being followed by the person you have an obligation to report it to, you escalate up. The perception of conflict of interest is enough to justify it. Be wary unless your ducks are in a row, because "courtesy" demands you give the person a chance to resolve at their level.

As for appropriate punishment or resolution. That's an "up the chain issue."

Response by Cpl Mark McMiller made Mar 8 at 2018 1:28 PM

2018-03-08T13:28:07-05:00

Regarding the Article 15: Per the UCMJ the service member has the right to consult a JAG defense counsel (military lawyer). Each offense under the UCMJ consists of elements, and each and every one of those elements has to have been met by the service member for him/her to be guilty of committing that offense. If the evidence does not support the elements of the offenses charged, the defense counsel will most likely advise the service member that it is in their best interest to demand court-martial in lieu of Article 15. Once the service member demands court-martial, the staff judge advocate (prosecutor) will review the relevant statutory and case law, the seriousness of the offenses, the strength or weakness of each element of the each offense (evidence), the promotion of good order and discipline, and the commander's desire for case disposition. Based on that, the SJA will make a recommendation to the court-martial convening authority (commander) to either proceed to court-martial or drop the charges. In summary, when you know the evidence does not support the elements of the offenses charged, your best option is to demand court-martial in lieu of Article 15.

Response by COL Private RallyPoint Member made Mar 8 at 2018 8:01 PM

2018-03-08T20:01:12-05:00

Looks like your in the Guard. If you don’t get anywhere let me know. I was the ARNG G2X and NGB IG. I can get you some POCs and help you out to get you through the process.

Response by MSG John Duchesneau made Mar 8 at 2018 10:07 PM

2018-03-08T22:07:40-05:00

It sounds like an IG complaint to me.

Response by CW3 Jeff Held made Mar 9 at 2018 12:48 AM

2018-03-09T00:48:14-05:00

If this is an AD unitnthen IG & CID; possibly the FBI. Ia Reserve or Guard unit the there may be a State level agency and possibly even the FBI.

Truthfully I am floored by your post as it is truly jaw-dropping.

Response by Lt Col Jim Coe made Mar 9 at 2018 11:11 AM

2018-03-09T11:11:15-05:00

Soldier who had at least some proof of the crimes alleged against leadership should go to law enforcement. Army CID, I suppose. There's probably a TIP line that could be used. Also, bring facts about reprisal to the IG. If crimes occurred outside of the military installation, also report to local law enforcement and FBI.

Response by SSG Eddye Royal made Mar 10 at 2018 5:20 PM

2018-03-10T17:20:20-05:00

Inspector General, and have all supporting documents at hand!

Response by SGM Bill Frazer made Mar 10 at 2018 5:36 PM

2018-03-10T17:36:48-05:00

If the charges are proven- then under the federal whistle blowers act he's safe. If they are false then he dies. I don't think anyone legal officer would throw him under the bus till the charges he made were refuted. If the charges are true then the folks in charge should attend the "long" course at Ft. Leavenworth.

Response by SGT Private RallyPoint Member made Apr 13 at 2018 1:49 AM

2018-04-13T01:49:41-04:00

I tried to report 1SG Ott for his HIPAA violations (which I and several hundred SMs witnessed on multiple occasions) of him telling, ridiculing, belittling, and berating SMs who failed drug tests. Nothing came of it. This SM you are speaking of will need to get an active congressman or senator involved. COARNG and Hickenlooper are absolutely worthless when dealing with any serious internal problems and that includes NGB. I dealt with everyone of those clowns to no avail for the shit I went through before getting out. His last COA might be getting in touch with the pentagon, but either way we both know the "good Ole boy institution", that is the ARNG, will screw this unfortunate SM every chance they get from here on out.