Posted on Jul 19, 2024
What advice would you give an NCO who was punished for an inappropriate relationship with another NCO (who was not punished)?
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I have an NCO that was given a Relief for Cause NCOER due to being found guilty of having a inappropriate relationship with another NCO in their Battalion. They both are NCOs. When Judgement came back the other NCO was found not guilty, and he was found guilty 5 months later. That regulations states that there needs to be a relationship. A commanders Inquiry was conducted and the same commander at BDE level upheld his own decision. It didn't go to the higher authority. Also the CSM bullied soldiers to not show or give evidence to clear the soldier. the Legal team withheld A key military document as well. NCO received a LOR and A Relief for Cause. what should be the next step for this NCO?
NCOER
Legal Assistant
270A: Legal Administrator
Law
Edited 5 mo ago
Posted 5 mo ago
Responses: 6
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Refer to the Trial Defense Section of the Staff Judge Advocate's Office. Barracks and Lawyer should never be used as a descriptive for you.
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This sounds like a huge block of Swiss cheese. Lots of holes in this narrative. Judgemental from what? Why 5 months later for the "guilty" one? Does anyone have proof the CSM directed not to give evidence? Proof the legal team withheld evidence?
If this all happened, the NCO in question has two options: get with TDS or get out.
If this all happened, the NCO in question has two options: get with TDS or get out.
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First thing I would do is stop posting on social media. Any comments, verbal or written, can and WILL be used in further administrative and/or legal actions.
Second, that member needs to RUN, not walk, to the nearest Area Defense Council (or whatever the Army equivalent is) for assistance. They should have requested them from the start but better late than never.
Third, that member needs to follow whatever advice ADC gives to the letter.
Second, that member needs to RUN, not walk, to the nearest Area Defense Council (or whatever the Army equivalent is) for assistance. They should have requested them from the start but better late than never.
Third, that member needs to follow whatever advice ADC gives to the letter.
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