Posted on Mar 8, 2018
What is the Course of Action for a unit ignoring blatant security and UCMJ violations?
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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.
UCMJ
Security Clearance
Edited 7 y ago
Posted 7 y ago
Responses: 15
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.
It could also be reported to the local CID office, and like the IG would do, they will bring in other agencies as needed.
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MAJ Bryan Zeski
SFC Benjamin Varlese - And all of that info should go BACK to the IG. As for the Article 15 - if the Soldier in question is 100% sure of their innocence - they should refuse the Article 15 and to go Courts Martial.
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SFC Benjamin Varlese
The 15-6 is solely investigating the actions of the reporting soldier and scope does not cover the offenses and misconduct of the officer which is where the perception of reprisals comes in; it reeks of the soldier being “made an example of”
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SGM Erik Marquez
Lol
My commander and I used to love it when a soldier would come back and demand trial by court-martial we tried to cut them some slack by only doing article 15 process and they want to push back
Have at it
not once not ever did we forward a packet for UCMJ that wasn’t court-martial ready
My commander and I used to love it when a soldier would come back and demand trial by court-martial we tried to cut them some slack by only doing article 15 process and they want to push back
Have at it
not once not ever did we forward a packet for UCMJ that wasn’t court-martial ready
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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.
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.
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SFC Benjamin Varlese
Looking more into this avenue, military members, especially National Guard are precluded from submitting complaints to OSC; DOD IG handles the equivalent for the military.
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CSM Richard StCyr
SFC Benjamin Varlese - Looks like you're correct, they have two parallel programs one for service members and one for DOD employees. Wonder if they can make shit any more confusing for folks.
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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.
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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.
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"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."
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."
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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.
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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.
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