Posted on Mar 8, 2018
What is the Course of Action for a unit ignoring blatant security and UCMJ violations?
16K
68
27
5
5
0
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
2
2
0
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.
(2)
(0)
SFC Benjamin Varlese
Appreciate it sir, if you could PM me those POCs I’d be grateful. Not saying this troopie is going for scorched earth but he is adamant about finishing his 20 at least having served admirably and with distinction thus far
(0)
(0)
2
2
0
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.
(2)
(0)
CMDCM Richard Moon
While I agree with most of what you wrote, most of what I've seen in cases that ended up at an Article 32 devolved into the most serious of offenses, not all of them. It would be very unusual to see all offenses as the sentences they carry would have awarded would be minor in comparison to the most egregious of the charges. The other thing that going the Article 32 route, while somewhat risky too - is that discovery is in play and a much higher level of evidence is required to find a verdict of guilty.
(1)
(0)
Cpl Mark McMiller
CMDCM Richard Moon - An Article 32 investigation is only conducted if the accused is facing a general-court martial, which is only convened for the most serious of offenses. For less serious offenses, a special court-martial is convened. And for minor offenses, a summary court-martial can be convened. Because an accused has less rights during a summary court-martial, he/she has the right to reject trial by summary court-martial. If the accused does so, the command can send the case to a higher court-martial, refer it to nonjudicial punishment, dispose of the case administratively or dismiss it entirely. The normal response is to send the case to a higher level of court-martial. During my time working in the court-reporter shop in the Marine Corps during the 80's, I never saw a summary court-martial. I also don't recall what happens if a rejected summary court-martial is kicked down to NJP, whether the accused can then demand court-martial in lieu of NJP. I'm going to assume the accused can, in which case it goes to a higher level court-martial or is dismissed.
(1)
(0)
CMDCM Richard Moon
I know. Had too many Sailors go this route and as a Command Master Chief became all too familiar with the proceedings. I've seen just 2 Summary Courts Martial's, more like a super NJP than an actual CM. What was written about in the OP was serious, but not all charges would be tried. They wouldn't bother with them in my experience.
I think we're in violent agreement.
I think we're in violent agreement.
(1)
(0)
1
1
0
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.
(1)
(0)
1
1
0
0
0
0
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.
(0)
(0)
SFC Benjamin Varlese
Good ol’ 1SG Ott... the first day he met me told me he wanted to punch me in the back of the head because he didn’t like one of my tattoos. He’s still a member of 1-157 and still as useful as a poop flavored popsicle.
All things considered I’m getting “a good deal” but considering TDS thinks being M-day is an acceptable excuse for being a worthless turd I’m not hopeful of things working out my way
All things considered I’m getting “a good deal” but considering TDS thinks being M-day is an acceptable excuse for being a worthless turd I’m not hopeful of things working out my way
(0)
(0)
Read This Next
Continue with Facebook 
Continue with Google