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I was on a 24 hour and decided to take a 40 min nap (set my alarm) in place of getting dinner. I had my runner watching over until my break was over. Search at major in for a surgeon are pushing for a field great article 15, wanting to take away my e6 to an e5 for “sleeping on duty” wasn’t even given a chance to explain that I was taking a nap in place of dinner because he went off on me calling me a POS and even mentioned my wife and kids. Got counseled and also told I was being recommended for a FG article 15.
UCMJ
JAG
Article 15
27A: Judge Advocate
Posted >1 y ago
Responses: 22
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Get off social media. Contact area defense counsel (or Army equivalent). If you’re sure you can prove you’re innocent of wrongdoing then refuse nonjudicial and request court martial.
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SFC Dan Thomsen
I agree with Jim, talk to legal. I screwed myself by not talking to them and feeling like I would piss off my commander by asking to see them. As i learned along the way, had I requested a court martial it was 95% likely to have been thrown out and the commander would have been told that and likely dropped the charges. Different issue but JAG is your friend.
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What you do on your dinner break, unless illegal, is your business. Talk to JAG. If someone brought some bullshit like that to me as a Commander, I'd tear them a new one. unless they have it writing that you are not allowed to take a break, they have no grounds.
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SGM Erik Marquez
"What you do on your dinner break, unless illegal, is your business"
Sir that depends on unit policy for the duty assignment.
I've seen Staff Duty instructions signed by a commander that state the evening meal may only be consumed in the unit dining facility. That the duty NCO and runner had to go directly from the place of duty to the DFAC and return, and that sleeping on breaks was not allowed. The SM is "On Duty" thus his place of duty is assigned, his tasks, and allowed actions all subject to the commander's orders. The Army says we have to provide sustenance or the option to get it them selfs, if not provided the commander can place specific limitations or available actions on how that meal is to be taken.
Sir that depends on unit policy for the duty assignment.
I've seen Staff Duty instructions signed by a commander that state the evening meal may only be consumed in the unit dining facility. That the duty NCO and runner had to go directly from the place of duty to the DFAC and return, and that sleeping on breaks was not allowed. The SM is "On Duty" thus his place of duty is assigned, his tasks, and allowed actions all subject to the commander's orders. The Army says we have to provide sustenance or the option to get it them selfs, if not provided the commander can place specific limitations or available actions on how that meal is to be taken.
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LTC (Join to see)
SGM Erik Marquez - which is why I said, unless it's in writing. I am assuming that this SM would not knowingly violate policy. Then again, he could be full of crap and thought he could sneak a nap and got caught.
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MSG Moises Maldonado
I pulled many Staff Duty in my 22.5 years Career, Many times I went to the DFAC and had to headback to(still chewing my last spoonful) HQ's B'cause something came up.... Point in Case.. Your Duty don't stop at Dinner Breaks.. Toot that horn in a USAF/Navy Base..LMAO..!(just kidding--Service rivalry)
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Go straight to JAG. Lots of people on here can speculate but in the end no one can improve your situation other than consul if that is in fact the route your commander decides to to take.
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