A friend of mine is getting "unfair" treatment while deployed. What options does he have?

2017-02-25T23:03:22-05:00

To put it simply a friend of mine is deployed and he managed to get adverse action while deployed. To my knowledge, was barred from reenlistment, served a period of extra duty. He also failed an APFT after having shoulder surgery but passed the next one he was given. Now his PLT Sergeant is attempting to fish for a reason so he can't get the bar lifted. What options does he have?

Response by SFC Joseph Weber made Feb 25 at 2017 11:34 PM

2017-02-25T23:34:43-05:00

Not enough info. Sounds like you don't have all the info. Other than that he has the same options of all Soldiers. Go to JAG, see a Chaplain, talk to his 1SG. Most times when you get a story from someone who feels like they are being treated unfairly and you dig into it you often find that the problems were created by that person. You might find out your buddy brought all this on himself.

Response by Lt Col Jim Coe made Feb 25 at 2017 11:36 PM

2017-02-25T23:36:03-05:00

Perhaps your friend should consider other employment. At this point if he can get out with an honorable discharge it may be best for him and the Army.

Response by SPC Elizabeth DeCamp made Feb 25 at 2017 11:57 PM

2017-02-25T23:57:57-05:00

Talk to legal assistance IMMEDIATELY. Tell him to bring any and all copies of documents.

Response by LTC Jason Mackay made Feb 26 at 2017 12:26 AM

2017-02-26T00:26:44-05:00

Here is a link to a brief on bars to reenlistment. A bar is a rehabilitation tool, not a punitive tool. The soldier is counseled on what they need to do to overcome the bar. Commanders decide.

http://www.eur.army.mil/g1/content/Programs/Retention/docs/Bar_to_Reenlistment_Guide.pdf

Bar_to_Reenlistment_Guide.pdf

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Response by COL Charles Williams made Feb 26 at 2017 12:57 AM

2017-02-26T00:57:02-05:00

SSG Private RallyPoint Member Not a lot to go on here. That said, there are at least 3 sides to every story. (1) The person's story. (2) The command or management's story. (3) And, of course the actual factual story. It sounds like your friend needs to find a new line of work. Being marginal is not in line with be a successful Soldier. This would be a situation where I would suggest the aggrieved looks in the mirror first.

But, if some is being treated unfairly, and they can't settle it via the chain of command, the local IG is a option to see what his/her options.

Response by SFC Private RallyPoint Member made Feb 26 at 2017 2:21 AM

2017-02-26T02:21:50-05:00

The Army isn't "fair" it's a meritocracy. One doesn't "manage to get adverse action". A person doesn't accidentally step in a mud puddle and get flagged.
Your friend got into trouble. If he was barred, and the PSGs recommendation to the Commander is to leave that bar in place, then your friend needs to rehabilitate in order to overcome that bar. For adverse action that usually means showing sustained and continuous leadership potential - not simply "not getting in trouble for a while".
To quote someone else, "Retention, like spandex, is a privilege - not a right".

Response by MSG Private RallyPoint Member made Feb 26 at 2017 4:09 AM

2017-02-26T04:09:56-05:00

A bar is not like a flag, where the reason for the flag goes away, so must the flag (ABCP, APFT, UCMJ finishing etc.) A bar is based on the whole Soldier concept. The PSG doesn't have to fish for a reason for the bar not to be lifted, your friend needs a positive enough reason for his CO and BC to change their mind. If your friend got UCMJ (you said he had extra duty) AND he failed an APFT, it sounds like his hole has been dug. I'm not seeing the "unfair" part. His best bet is to sincerely Soldier up and do his best to kick ass in everything he does to the point where the leadership wants to keep him on their team. Crying "not fair" or looking for a legal loophole in all this shows a lack of introspection, it might be him, not them, and he might need to fix himself, there is no shortcut to staying in. Times are tough, I went from hoping to make SGM to being glad I didn't get QSP'd. Here are some excerpts for you and your friend to consider from the applicable reg.

AR 601-280
3–7. Commander’s evaluation of soldier for continued service
a. Commanders should evaluate all potential reenlistees under the “whole person” concept. Those soldiers who are not considered suited for future military service should be considered for immediate administrative separation or initiation of a bar to reenlistment under the provisions of chapter 8 of this regulation.b. Factors considered under the “whole person” concept are listed below. This is a commander’s guideline to assist in evaluating the potential reenlistee.
(1) Recent nonjudicial punishment.
(2) Repetitive nonjudicial punishment.
(3) Low aptitude area scores.
(4) Low education achievement in combination with a pattern of disciplinary incidents.
(5) Low evaluation reports.
(6) Slow rank progression resulting from a pattern of marginal conduct or performance.
(7) Potential for further service.
(8) A combination of any or all of the above factors.

Approved Bars to Reenlistment will be reviewed by the proper unit commander at least each
3 months after the date of approval, and 30 days before the soldier’s scheduled departure from the unit or separation from the service (see DA Pam 600-8).
(1) If, upon review, the commander feels the Bar to Reenlistment should remain in effect, he will notify the custodian of the soldier’s personnel records who will enter the remark below on the soldier’s DA Form 2-1: “Bar to Reenlistment reviewed; not recommended for removal, (date)”

Response by MSG Private RallyPoint Member made Feb 26 at 2017 8:59 AM

2017-02-26T08:59:00-05:00

From the limited facts you have provided:

1. Your friend received an Article 15 (determined from your statement of extra duty)
2. Barred to Re-Enlist (did you by some chance mean Flagged?)
3. Failed an APFT after a shoulder surgery

Based on what you said: If your friend got in trouble enough to be given an Article 15 that also included a Bar to Re-Enlist....then your friend really screwed the pooch. The Bar to Re-Enlist cannot be lifted by the Platoon Sergeant. That call is going to be up to the Commander (and probably even higher than that). Now, if he was not barred to re-enlist but simply flagged, well that STILL isn't up to the Platoon Sergeant. That particular form can only be signed by an Officer (unless there is a signature authority given to be able to sign those). How long after the surgery did your friend take the APFT? What he still on profile when he took it?

Again, based on the limited information that you provided........which I am betting dollars to pesos is probably the exact information you were given by your friend........then your friend needs to find gainful employment elsewhere than the Army as soon as he gets back from deployment. Now, with that being said, if he feels that he is being singled out and being personally picked on, then his options are either EO or IG........depending on the allegation that is. But, warn your friend, if he does go to either one of these offices and the complaint(s) he files determines to be baseless, then his life is going to get worse before it gets better.

Response by SPC Chelsea Fernandez made Feb 26 at 2017 4:08 PM

2017-02-26T16:08:18-05:00

I experienced the same thing while I was deployed back in 2010. Sadly my f**ked up chain of command didn't do anything about until I got fed up and told my supervisor about herself. Just because she was a hoe in the field she was not going to drag my name through the sand. I don't like when people play with my career and I takes threats very seriously. Long story short I was given an Article 15 from a shitbag Commander and extra duty. I never loss any rank or anything. If his chain of Command don't do anything he has ever right to talk to someone higher or file an IG complaint. If that doesn't work request to remove from that unit as a whole and placed somewhere else. No soldier shouldn't have to go through this crap and its disgusting.

Response by Sgt Private RallyPoint Member made Feb 27 at 2017 1:21 AM

2017-02-27T01:21:04-05:00

He can become a better soldier. No one said that life is fair.

Response by Sgt Dale Briggs made Feb 28 at 2017 8:17 AM

2017-02-28T08:17:48-05:00

Seems to the guy on the other end its never fair, two sides to every story I'm sure. Why not go right to his Plt sgt and try and sort it out as a first step? Seems the easiest and best first step he can take. I just find it hard to believe anyone has it out for anyone without a valid reason, I'm sure his Sgt/ SSGT has better things to do than that, but I'd start right there. Your being treated like a man , so they expect you to act like one, that's the way a man handles it first.

Response by SPC Stewart Smith made Nov 19 at 2019 2:21 PM

2019-11-19T14:21:21-05:00

I was fortunate enough to have good leadership while I was in germany. They were the same leaders I deployed with. I never saw anyone, not a single person, given 'unfair' treatment.
Can you elaborate on what he did that garnered negative attention by the NCO? Can you also elaborate on the PLT sergeants "fishing" attempts?
Is it possible that the NCO is not actually targeting your friend? It's possible that your friend had to meet some corrective action to show he wants to be in the military and he hasn't shown that.