Posted on Nov 6, 2015
Airmen accused of minor harassment faces more jail time (130 years confinement) than SGT Berghdahl, warranted or trumped up charges?
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Sexual Harassment
PTSD
Justice
UCMJ
Posted 9 y ago
Responses: 24
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This situation is tragic, and it clearly demonstrates the capricious nature of the military justice system. An individual should be presumed innocent until the evidence overwhelmingly demonstrates guilt. Furthermore, sexual harrassment clearly does not warrant such extreme punishment. The "offender" should receive minor written admonishment prior to any legal action. I do not wish to minimize the unprofessional nature and deleterious effects of sexual harrassment, but the military should not be a refuge for thin-skinned, parasitic individuals.
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MAJ (Join to see)
The burden of proof is beyond a reasonable doubt and the court martial is part of the due process in which innocent until proven guilty is still valid. Prosecutors often threaten the most serious consequences possible to help intimidate the defense. But this extreme. If prosecuted, I doubt he'd really get that much time.
I think you are implying that you don't necessarily need to destroy a person in order to maintain good order and discipline in your unit, and that would be true. If you are fortunate to earn a command, you will find yourself having to make hard choices that will affect a person's life as well as impact your unit. I appreciate that you seem ready to take that kind of responsibility seriously.
I think you are implying that you don't necessarily need to destroy a person in order to maintain good order and discipline in your unit, and that would be true. If you are fortunate to earn a command, you will find yourself having to make hard choices that will affect a person's life as well as impact your unit. I appreciate that you seem ready to take that kind of responsibility seriously.
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This is the same service branch that went after it's pilots for lewd text messages that would be laughed off by most anyone else? But isn't this the same branch of service that finds that the cost overruns for the F-35 is ok and did away with some troop programs claiming they are tight on cash, the same service branch that has been caught in lies to congress when it was told to keep the A-10 flying, and they try to give the planes coding that would put some of them away and were caught in it? Maybe the SECDEF needs to look at the leadership or lack there of, and see what changes need to happen starting with the top down, not the bottom up. Sexual Harassment/Assault is nothing to joke or laugh at, but it should be investigated both in the sense of discovering information that could put someone away, and the discovering of information that could exonerate the accused. But once accused, no matter the outcome, your career is over, and for this NCO it is and that's a shame IF he didn't do it, but rightfully so IF he did. I also understand what the SECDEF meant in regards to punishing those who commit sexual harassment/assault, but did his words go too far and reach into undue command influence?
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SGT Jeremiah B.
I don't know about undue command influence, but it does seem that the prosecutor is looking to make an example of this guy.
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SSG Warren Swan
SGT Jeremiah B. - "Secretary Chuck Hagel declared war on sexual abuse in the ranks. He elevated the offense as a threat to national security. He put every command on notice that his goal was to eliminate the offense". While I agree with the intent of this directive, the verbiage itself is questionable from a undue command influence perspective. I could very well have the meaning wrong, and would appreciate correction if so.
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SGT Jeremiah B.
SSG Warren Swan - The verbiage is definitely strong, but I've typically considered "undue command influence" when someone above gives specific directives or threats with regards to a particular outcome. E.G. a senior commander ordering an investigation halted for reasons outside what would be considered acceptable or Sen. McCain threatening to launch an investigation if the Bergdahl court martial doesn't have a very specific outcome.
As for SecDef Hagel's words - A personal example. My wife and I were discussing whether we should encourage our kids to serve. Her dad, step-dad, brother and I all served in the Army (Her brother and I were actually on Sand Hill together, 16 years before I met her...crazy small world). However, she said that with the issues surrounding sexual assault, she could not and would not encourage our daughters to do it. In her own words, it was out as long as there was a serious threat of her being "raped by her own men." Yeah, my wife is not alone in that thought and if people with strong military histories and patriotism start discouraging women from serving because the command environment and culture can not be trusted - We have a national security issue.
As for SecDef Hagel's words - A personal example. My wife and I were discussing whether we should encourage our kids to serve. Her dad, step-dad, brother and I all served in the Army (Her brother and I were actually on Sand Hill together, 16 years before I met her...crazy small world). However, she said that with the issues surrounding sexual assault, she could not and would not encourage our daughters to do it. In her own words, it was out as long as there was a serious threat of her being "raped by her own men." Yeah, my wife is not alone in that thought and if people with strong military histories and patriotism start discouraging women from serving because the command environment and culture can not be trusted - We have a national security issue.
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SSG Warren Swan
SGT Jeremiah B. - Your wife is 150% correct. Hate it when women drop logic bombs that you have no comeback to lol. It's a damn shame we live in a world where this exists, but it's going to take a midset shift to go forward. We're not there yet in the services, and definitely not there as a nation.
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130 years for those charges? Holy Crap. This guy is being put out as an example/scapegoat. There is no way this guy should be facing this kind of court martial. Clearly this is a case of RHIP (Rank Has Its Perks). And since he does not have the right rank, he is getting no perks.
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MAJ (Join to see)
He won't get the 130, even if found guilty on all counts. But wow. I believe this is an attempt to scare him into pleaing out as well as serving as an example to the rest of the Force.
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MSgt James Mullis
MAJ (Join to see) - I would say they didn't plan on his family being able to pay for a first class defence. However, if it's true that the prosecution interfered with his medical treatment, they have opened themselves up to investigation and possible prosecution.
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Suspended Profile
The maximum allowable punishment is different from what the prosecutor will ask for. The prosecution has not asked for and will not ask for such a lengthy punishment. Sensationalism.
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