Posted on Mar 2, 2021
Do you think there should be a change in how we conduct a court-martial or separation board in regards to sex based crimes under the UCMJ?
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This question stems from the recently publicized Air Force court-martial and administrative separation board for a Senior Master Sergeant (E-8) who was convicted of abusive sexual contact and dereliction of duty after he touched a female airman's genital area and pulled off her top in the presence of other airmen.
He was reduced to Master Sergeant (E-7) and was retained in his separation board.
A question that is being asked is can commanders and senior leaders in the same formation as a sex offender that they have worked with be trusted to be unbiased and give sound judgement.
A group of Soldiers and Marines I was speaking with suggested that in these cases a pool of JAG officers outside of the service members formation should be utilized in these cases, it was even suggested tapping JA's from other branches if necessary to fill any gaps since the JAG Corps is relatively small.
Do you think there are alternatives that should be explored to the system we have in place regarding sex based crimes?
https://taskandpurpose.com/news/jeremy-zier-air-force-sexual-assault/?fbclid=IwAR3yLjeXTpMX2fEAOC-eQf2LNwTbNMT39Sl1SdCp6a3HCPl3ZwKeVSZUdmk
He was reduced to Master Sergeant (E-7) and was retained in his separation board.
A question that is being asked is can commanders and senior leaders in the same formation as a sex offender that they have worked with be trusted to be unbiased and give sound judgement.
A group of Soldiers and Marines I was speaking with suggested that in these cases a pool of JAG officers outside of the service members formation should be utilized in these cases, it was even suggested tapping JA's from other branches if necessary to fill any gaps since the JAG Corps is relatively small.
Do you think there are alternatives that should be explored to the system we have in place regarding sex based crimes?
https://taskandpurpose.com/news/jeremy-zier-air-force-sexual-assault/?fbclid=IwAR3yLjeXTpMX2fEAOC-eQf2LNwTbNMT39Sl1SdCp6a3HCPl3ZwKeVSZUdmk
UCMJ
JAG
Sexual Harassment
Edited 3 y ago
Posted 3 y ago
Responses: 12
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Absolutely there needs to be an independent panel not directly in the chain of command. If he has any good qualities (this guy obviously doesn't...he's a @$$ WIPE) the chain of command knows him and will look for a reason to Rehab him. I would almost guarantee an independent panel would reduce him to E-1 with, at a minimum, less than honorable discharge or maybe a dishonorable and jail time. If I was his commander and one of my Airmen came to me with this, I would remove the perpetrator from the workspace until a thorough investigation was completed and then I would prefer charges and bypass an Art 15 pushing for Courts Martial with reduction to the lowest rank and dismissal from the Air Force...we don't have the need or want to retain jackwagons like this...prejudicial to good order and discipline...period.
Maj Marty Hogan Lt Col Charlie Brown 1stSgt Glenn Brackin
Cpl Craig Morton SGT David A. 'Cowboy' Groth COL Mikel J. Burroughs
LTC Stephen C. CPL Dave Hoover PO3 Bob McCord
Lt Col John (Jack) Christensen Sgt Wayne Wood PVT James Strait
SFC Jack Champion MSgt David Hoffman MSgt Stephen Council
PO1 H Gene Lawrence 1SG Steven Imerman SGT Steve McFarland Cynthia C.
Maj Marty Hogan Lt Col Charlie Brown 1stSgt Glenn Brackin
Cpl Craig Morton SGT David A. 'Cowboy' Groth COL Mikel J. Burroughs
LTC Stephen C. CPL Dave Hoover PO3 Bob McCord
Lt Col John (Jack) Christensen Sgt Wayne Wood PVT James Strait
SFC Jack Champion MSgt David Hoffman MSgt Stephen Council
PO1 H Gene Lawrence 1SG Steven Imerman SGT Steve McFarland Cynthia C.
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SGT David A. 'Cowboy' Groth
Excellent share Lt Col Scott Shuttleworth , thank you for the mention sir.
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Suspended Profile
...why the hell was this guy retained?
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That's the point of the Military Justice Improvement Act - which actually is a bipartisan piece of legislation.
https://www.gillibrand.senate.gov/news/press/release/gillibrand-grassley-cruz-offer-bipartisan-military-justice-improvement-act-as-amendment-to-defense-bill
"The Military Justice Improvement Act would professionalize how the military prosecutes serious crimes like sexual assault, which would help remove the systemic fear that survivors of military sexual assault describe in deciding whether to report the crimes committed against them. This legislation would remove the sole decision-making authority over whether serious crimes are prosecuted from the military chain-of-command and give it to independent, trained military prosecutors. Uniquely military crimes, compromising the majority of crimes under the UCMJ, and other non-judicial and administrative remedies would stay within the chain of command. "
She first introduced this (Gillibrand) in 2013. But it doesn't seem to get passed through. They tried to attach it to the NDAA. I can't find anything more about it.
I don't understand how anyone would want someone who is a known sexual predator in their ranks but generally, those who choose to retain in those cases, are the same as that predator.
Commanders have proven they can't handle this task so take it away from them.
https://www.gillibrand.senate.gov/news/press/release/gillibrand-grassley-cruz-offer-bipartisan-military-justice-improvement-act-as-amendment-to-defense-bill
"The Military Justice Improvement Act would professionalize how the military prosecutes serious crimes like sexual assault, which would help remove the systemic fear that survivors of military sexual assault describe in deciding whether to report the crimes committed against them. This legislation would remove the sole decision-making authority over whether serious crimes are prosecuted from the military chain-of-command and give it to independent, trained military prosecutors. Uniquely military crimes, compromising the majority of crimes under the UCMJ, and other non-judicial and administrative remedies would stay within the chain of command. "
She first introduced this (Gillibrand) in 2013. But it doesn't seem to get passed through. They tried to attach it to the NDAA. I can't find anything more about it.
I don't understand how anyone would want someone who is a known sexual predator in their ranks but generally, those who choose to retain in those cases, are the same as that predator.
Commanders have proven they can't handle this task so take it away from them.
Gillibrand, Grassley, Cruz Offer Bipartisan Military Justice Improvement Act As Amendment To...
The official website of U.S. Senator Kirsten Gillibrand. Proud to serve New York in the United States Senate.
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SPC (Join to see)
It's an interesting proposal that we should explore, and perhaps we do need more 27B Military Judges and expand upon their role in these types of crimes.
As for this guy remaining in the formation, I would expect any junior enlisted and NCO worth a damn to steer new SM's away from him. I fully expect a hostile and no longer proper functioning unit environment from this situation. As a junior I doubt I could have full confidence that my leadership truly had my best interest at heart let alone my peers. Every command climate survey going forward with this unit will be tarnished no matter how well they actually do in the future.
As for this guy remaining in the formation, I would expect any junior enlisted and NCO worth a damn to steer new SM's away from him. I fully expect a hostile and no longer proper functioning unit environment from this situation. As a junior I doubt I could have full confidence that my leadership truly had my best interest at heart let alone my peers. Every command climate survey going forward with this unit will be tarnished no matter how well they actually do in the future.
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