Posted on Nov 7, 2014
Disrespected while correcting a Soldier, how would you handle this situation?
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Ok so there I was at a court-martial asking a Soldier why he was wearing ACUs and not ASUs. He started to catch an attitude, so I told him to go to parade rest. He turned away from me looking at my paralegal, putting his hands in his pockets.
My paralegal tells him that he does not need to be looking at him, but at me, because I was the one addressing him, and that he needs to show respect. As the Soldier continues to stare out at my paralegal with his hands in his pockets, I continue to correct him when a civilian comes out to where I was correcting the Soldier stating that she had work to do and I could "yell" at him some other time.
I was so mind boggled and dumbfounded because said civilian used to be in the military. I'm sorry, but the last time I checked the Soldier was given a direct order by a CPT and myself that the duty uniform for the court-martial was ASUs and an alternate uniform had to be approved by the judge, so I was doing my job by asking him why he was in the wrong uniform and then correcting him when he began to disrespect me.
I felt so disrespected I just walked away and sat in a room to cool off.
How would you have handled the situation?
My paralegal tells him that he does not need to be looking at him, but at me, because I was the one addressing him, and that he needs to show respect. As the Soldier continues to stare out at my paralegal with his hands in his pockets, I continue to correct him when a civilian comes out to where I was correcting the Soldier stating that she had work to do and I could "yell" at him some other time.
I was so mind boggled and dumbfounded because said civilian used to be in the military. I'm sorry, but the last time I checked the Soldier was given a direct order by a CPT and myself that the duty uniform for the court-martial was ASUs and an alternate uniform had to be approved by the judge, so I was doing my job by asking him why he was in the wrong uniform and then correcting him when he began to disrespect me.
I felt so disrespected I just walked away and sat in a room to cool off.
How would you have handled the situation?
Edited 11 y ago
Posted 11 y ago
Responses: 380
I think there are some misunderstandings here... Yes NCO business is still tossed around as taking care of there own and can and should be done - depending on said circumstances! Can be taken in several ways. As previously mentioned, some of you might want to re-consider your words when your NCOER is signed by a GS personnel. Having not served in joint positions, you will learn quite quickly that they too can ruin your military career... Do some research! Look up SES (Senior Executive Service) which happen to be equivalent to a Flag Officer, or that GS15 whom signs that 06's OER. Some of you Senior NCOs that want to play NCOs rule, think twice, you might find you will have to swallow your words! Wouldn't misconstrue NCO leadership with the power of the mighty GS leadership and their penned signature! You will learn quite quickly they can be just as powerful... All that said, depending on the position, a GS will typically let the military handle their own if requested. In my 4 joint assignments, didn't see once that a Senior Army individual didn't have the respect to request or state they would handle the situation... And yes, I did state "request", the professional thing to do!
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Seems in the process this soldier set Himself up to have even more rocks thrown into His sinking boat. Well add some more charges and additional action against this soldier, if nothing else it will help demonstrate how unfit He is for military service and help Him out the door. Sounds like someone that won't even do well in the civilian world, there He will just get fired. You didn't state what the court martial was or what level of Court Martial it was for but proceeding beyond Administrative actions through an Article 15 this idiot already has a problem and is making it worse on Himself.
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That's a good question and one that begs a review of where the military has gone in 20 yrs. I can tell you that in my days as an Airman up through my retirement I saw way too many changes in military protocol... Time outs in basic, airmen telling NCO's that they are smarter and know more about the job... telling us that the rules are stupid and should be changed... Challenges to dress and appearance standards, increases in failures to go, and yet when we older NCO's tried to maintain good order and discipline we are the ones told to back off.
I am thinking that this individual was already on their way out the door and was going to soon find getting a real job in the real world just as tough, since many states now have an employment at will law, meaning an employer doesn't have to give a reason to let an employee go as long as it's not discrimination based.
I'm sure you did what you could and that lawyer, prior military, should have already spoken with her client about his attire for the day.
I am thinking that this individual was already on their way out the door and was going to soon find getting a real job in the real world just as tough, since many states now have an employment at will law, meaning an employer doesn't have to give a reason to let an employee go as long as it's not discrimination based.
I'm sure you did what you could and that lawyer, prior military, should have already spoken with her client about his attire for the day.
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I would start be noting the names of the involved individuals and asking the soldier to provide you with his unit and section. Civilian employees do have a different chain of command so asking her the nane of her supervisor is appropriate. Then contacting those supervisors and informing them of the incident and asking them to take appropriate action. As the soldier was enlisted and you did outrank him, locking him up was right, however, if he failed to boat a direct and lawful order (and in the presence of an officer) he should receive an article 15 for his actions. It may also be that he was not there on official business and therefore was not in a uniform befitting court.
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As a Paralegal myself, I see this all too often. If you're working in military justice you are dealing with Soldiers that are usually already in some sort of trouble. Most of these "Soldiers" are in the process of nonjudicial punishment, court-martial, or administrative separation. That means that these individuals don't care a lot about their professionalism.
As for a uniform for the trial, if you were dealing with the "accused" then he/she has the right to ask the judge to allow the duty uniform instead of ASU's during the trial.
As for a uniform for the trial, if you were dealing with the "accused" then he/she has the right to ask the judge to allow the duty uniform instead of ASU's during the trial.
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SFC (Join to see)
SGT (Join to see), I wish it was the accused. Would of made my life easier. Instead it was a Defense witness.
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SFC (Join to see), I'm wondering why you allowed the Soldier to play reindeer games with you....If he was out of uniform, tell him to leave and come back in the right uniform - if he didn't want to leave (it's not like the Soldier has a choice), I'd ask the bailiff to ensure the court room was prepared for the courts martial.....the bailiff is there to maintain the good order and discipline and I am quite sure the bailiff would be more than happy to quell the disturbance
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SFC (Join to see)
CSM Michael J. Uhlig , it wasn't his court-martial, he was a witness. My accused was squared away.
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CSM Michael J. Uhlig
If a Soldier is out of uniform and disruptive, I'd think the bailiff would be more than happy to escort the Soldier out of the courtroom.....my suggestion is to employ to remove the Soldier that is out of uniform the bailiff next time this happens....this argumentative Soldier that lacks bearing and disrespected a NCO (you) deserved to be tossed out of the trial!
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CMSgt (Join to see)
SSG Amber McLamb
A few people, including myself, have made the mistake of thinking it was this soldier's Court Martial. Perhaps edit the original post to clarify that he was part of the process/witness. :)
A few people, including myself, have made the mistake of thinking it was this soldier's Court Martial. Perhaps edit the original post to clarify that he was part of the process/witness. :)
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Honestly Ssg, I probably would of carried on addressing the soldier, regardless of the civilian. Or went and found whoever was in charge of this scum, and told them what's up, and requested permission to smoke the disrespectful runt.
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SGT(P) (Join to see)
In that, I was referring to the Soldier, the civilian...an ICE card would have been filled out very quickly.
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SFC (Join to see)
If it were the okder Army I'd say it's ok, buuuut well I won't express all of my personal opinions. @jason lue
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Suspended Profile
Where you inside the courthouse? If you all were getting loud I can understand why the civilian did ask you all to be quiet. I would probably have asked you all to quiet down myself if you were disturbing the people working in the building. The best option would probably have been to take the offending Soldier outside for a verbal counseling before sending him back to his quarters to get the correct uniform.
SFC (Join to see)
SPC David Wolcott, ALARACT 202/2008 - 18. THE WEAR OUT DATE FOR THE ARMY GREEN SERVICE UNIFORM WITH ACCESSORIES IS THE 4TH QUARTER OF FY 2014.
Yeah, they are expensive, but you won't look like a pickle anymore :-)
Yeah, they are expensive, but you won't look like a pickle anymore :-)
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SPC(P) Jay Heenan
actually SFC (Join to see), the wear out date was pushed to end of fiscal year 2015. Read ALARACT 099/2011, which UPDATES ALARACT MESSAGE 202/2008
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The military does not need toxic people. This soldier leaves you no choice but to recommend him a dishonorable discharge or pay the penalty and a new restart to becoming a soldier.
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