Posted on Jun 20, 2014
1SG Steven Stankovich
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Looks like Secretary McHugh took a stand.
Edited >1 y ago
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COL Jason Smallfield, PMP, CFM, CM
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Edited >1 y ago
Based upon what I know from publicly available information, this is an appropriate decision based upon LTC Sinclair's failure to serve honorably at the colonel and brigadier general levels. Actions must have consequences. Reasons for the administration of military justice (I know this was admin not UCMJ) include: punishment, rehabilitation, good order and discipline, and deterrence. I can argue in support of the SECDEF's decision on each of these four points.
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PO1 Disaster Survivor Assistance Specialist
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Col -
I can appreciate how you are willing and able to defend those four points. My experience with sexual predators and their victims lends me to believe that said LTC / BG was probably acting in the ways described long before he made it to the LTC level, albeit in ways that were not so overt. It's a pattern of behavior - plain and simple. Trust me, this guy will do it again in the future.
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COL Jason Smallfield, PMP, CFM, CM
COL Jason Smallfield, PMP, CFM, CM
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PO1 George, I agree with you but from a due process perspective the SECDEF had to make a decision based upon what could be proven and not what can reasonable be assumed. The court martial was able to prove some of the lesser crimes but not the top count crimes. Some people view this as a failure of the military but I do not. Unless we want kangaroo courts where the outcome is predetermined then our system of justice must be based upon a presumption of innocence and conviction based upon beyond a reasonable doubt.
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PO1 Disaster Survivor Assistance Specialist
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Col Smallfield -

The two of us are in absolute agreement. I fully understand what and why the Court and SECDEF made the decisions. My grandfather on one side of the family was a Judge. On the other side of the family my other grandfather was an officer of the law for over 42 years. My father was one also. I've known and still know many peace officers - from the federal side all the way down to lowly constables. I also know quite a few judges - local to federal. The manner is which the BG/LTC case was handled was classic - "you convict on what you can get a conviction". It's not what is profiled on TV despite that screaming Blonde B&*^%$ on CNN/HLN.

Jurisprudence is what it is...imperfect and fallible. In the same manner, sexual predators are what they are - predators. They start young....and they learn how to play the system to their advantage. They never change their stripes and they never quit.....unless chemically castrated. He'll do it again.
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MAJ Bill Darling
MAJ Bill Darling
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I can only wonder how politically motivated the decision was though.

There is clearly a tendency of legislators to protest what they perceive as changes in punishment *only* when higher military authorities override lower ones for lesser/no punishment (i.e. when they claim the alleged victim does not get justice) and I expect no word from them now.

And of course, the other guilty part, the alleged victim, as in the USNA case, will walk due to immunity.
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MSG Brad Sand
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Edited >1 y ago
My question is, if he was quilty of the more serious charges, why was he allowed to retire? Predators like him make us all look bad and there seems to be a lot more like him? Not wanting to start a witch hunt...warlock (?) hunt...but these animals need to be rooted out and destroyed. Retiring as a LTC is not being destroyed.
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SSgt Udm (Unit Deployment Manager)
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I agree 100%. Also if there is a zero tolerance for any behavior such as his, why is he givin any credit at all for his career as a hole enabling him the nobility to retire? If an airmen cant get away with it then why should a general?
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MSG Brad Sand
MSG Brad Sand
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SSGT,

I actually look at it in the reverse, I might be willing to cut some little bit of slack for an airman, where I have none for a senior enlisted or officer. One giant problem with the system...they are more likely to punish the dumb kid than the person who is supposed to be there making sure something like this never happens! Throw the book at the airman, throw the bookcase on the if he is guilty of the more serious charges...which seem to have been swept under the rug?
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MAJ Bill Darling
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''The two-grade reduction from major general to colonel should send a very clear, strong signal that there is no place in the Army for this behavior,'' Secretary of the Army Louis Caldera, 1999 when reducing General Maher. Apparently the signal wasn't strong enough.
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