Does this upset anyone?

2014-01-18T04:55:58-05:00

We recently implemented a new policy in which we automatically chapter from the Army any enlisted Soldier that is a convicted sex offender, regardless of when it took place.  Two months after the policy was put into place, we allow a LTC who was found guilty of Sexual Assault on Wenseday, to remain in the Army.  How does this happen?  How is the NCO Corp suppose to feel when there is such a huge inequality in both the type and the amount of punishment that is recieved for like crimes?  How are we suppose to look at this LTC with any sort of respect?http://blog.rallypoint.com/2014/01/army-o-5-in-stuttgart-convicted-in-sex.html <div class="pta-link-card"><div class="pta-link-card-picture"><img src="http://4.bp.blogspot.com/-83FZbXSLFQo/UtmcJY8iBQI/AAAAAAAABDM/CM__kxq9iGw/s72-c/sexassault-1.jpg"></div><div class="pta-link-card-content"><div class="pta-link-card-title"><a href="http://blog.rallypoint.com/2014/01/army-o-5-in-stuttgart-convicted-in-sex.html" target="_blank">Army O-5 in Stuttgart Convicted in Sex Assault Case, Allowed to Stay in Army | RallyPoint.com</a></div><div class="pta-link-card-description">Prosecutors argued that allowing a sex offender to remain in the ranks would send the wrong message to troops, especially women servicemembers.</div></div><div style="clear: both;"></div><div class="pta-box-hide"></div></div>

Response by SSG Andrew Dydasco made Jan 18 at 2014 5:08 AM

2014-01-18T05:08:57-05:00

Of course it upsets me, SGM.  It would upset me to hear about ANY person convicted of sexual assault who got to keep their job in ANY profession.  It's downright disgusting in all honesty, SGM, and goes against everything I thought the Army stood for.

Response by 1SG Steven Stankovich made Jan 18 at 2014 5:09 AM

2014-01-18T05:09:37-05:00

I read this article yesterday SGM. We had a very lengthy discussion about it in my office. Policies and standards should be fair and equal in both implementation and enforcement. If there are allowed to be exceptions such as this, it makes continued enforcement at lower levels that much more difficult. I hope that sometime in the very near future, someone from echelons above reality addresses this case publicly. I believe that only with full disclosure and transparency will we be able to continue to enforce this policy with a clear conscious.

Response by SFC Private RallyPoint Member made Jan 18 at 2014 5:15 AM

2014-01-18T05:15:18-05:00

WOW!, that is totally unbelievable. At a time when sexual assault and sexual harrasment is at an all time high in OUR military they let this LTC off with what amounts to a slap on the hand? That defies logic and will only lead to Soldiers having the rightful opinion that the crime is not as serious as the individual's rank who commits the crime. If this is not somehow dealt with correctly, the Army stands to lose an awful lot of credibility on it's war on sexual assualt amongst it's ranks. Just my 2 cents.

Response by 1SG Private RallyPoint Member made Jan 18 at 2014 5:32 AM

2014-01-18T05:32:04-05:00

I believe that ALARACT/MILPER message applies AFTER the Soldier returns to their unit. So, after he does his time and punishment, the unit is required to start processing the officer for dismissal for service.

Response by CH (CPT) Heather Davis made Jan 18 at 2014 6:03 AM

2014-01-18T06:03:26-05:00

SGM Cameron:

Respectfully, absolutely this upset me, and I came in when I was 17 years old in the Military. I put full trust in my leadership when I read about this scenario it makes me think about cases like the Tailhook Scandal. http://www.nytimes.com/2013/05/13/booming/revisiting-the-militarys-tailhook-scandal-video.html?_r=0

When I look at the case of PFC Lavena Johnson, it is imperative that we educate our Junior Soldiers and as a Chaplain and having served thirty years in this Military it saddens me and shows me the work we still have a head of us.

http://kennethdprice.com/justice-for-pfc-lavena-johnson/

Justice for Pfc. LaVena Johnson -

A clearinghouse of information and action for individuals/groups seeking justice in the tragic death of Pfc. LaVena Johnson. Translate outrage into action.

Revisiting the Military’s Tailhook Scandal

This Retro Report video explores how much, and how little, has changed since the sexual assaults at a 1991 convention of naval aviators.

Response by SFC Private RallyPoint Member made Jan 18 at 2014 9:24 AM

2014-01-18T09:24:45-05:00

SGM, this is ridiculous, we all know if it was a junior enlisted Soldier he would be in Leavenworth right now and we let this guy off with basically a warning. We are headed in the wrong direction battling Sexual Assault when big Army basically says that its ok for a field grade to do this.

Response by Lt Col Luis A. Rojas made Jan 18 at 2014 10:06 AM

2014-01-18T10:06:40-05:00

SGM, yes, very disturbing and it definitely sends the wrong message...total transparency is a must in order to clear the air. 

Response by SFC Private RallyPoint Member made Jan 18 at 2014 11:55 AM

2014-01-18T11:55:14-05:00

SGM Cameron,

I just posted a discussion regarding this also. It is very disturbing to know that there seems to be a double standard for Officers over Enlisted and Sexual Offenses. Both Officers and Enlisted are supposed to live by the Army Values, so what makes this right and what makes it ok for this LTC to stay in the Army?

Response by LTC Private RallyPoint Member made Jan 18 at 2014 12:26 PM

2014-01-18T12:26:50-05:00

I'm shamed as former NCO and now a LTC.

Response by CW2 Joseph Evans made Jan 18 at 2014 1:06 PM

2014-01-18T13:06:02-05:00

It is a slap in the face to all serving members.

That being said, the results of the court martial is not the final word. While I would have liked to see him removed from service, the only way a Court Martial can do this is with a bad conduct discharge. Upon returning to duty following his punishment phase, there should/will be a fitness for duty review that will see him removed from service with a discharge of somewhere between honorable and bad conduct.

As for the double standard... Affluenza attacks again...

Response by CSM Private RallyPoint Member made Jan 18 at 2014 1:06 PM

2014-01-18T13:06:07-05:00

Excellent post SGM, as I understood the reason we went to the SHARP program was to better police our ranks of things like this but to also show to our elected officials we took things like this serious. Obviously this is the type of ammunition our elected officials will continue to use to strip our commanders of UCMJ authority and ultimately in time will prove that we are not mature enough to punish anyone who commits these types of crimes. Seriously, how long would a soldier or NCO be on trial if they committed the same offense as that one star currently pending court martial.

Response by SFC Private RallyPoint Member made Jan 18 at 2014 1:36 PM

2014-01-18T13:36:43-05:00

SGM,sorry for the very long post but this is getting out of hand.

All I can say is what the hell is wrong with our brother and
sisters we serve with. There are way too many sexual assaults happening. I
understand that one is still too many. The thing I don’t understand is that it
is happening in all ranks, all career fields and in all branches. <o:p></o:p>

How can a civilian who is wanting to join the military feel
comfortable in joining. We have drill sergeants sexually assaulting them while
going through basic. These are the individual who are supposed to teach you how
to be a soldier.<o:p></o:p>

Five years in slammer for Fort Jackson drill
instructor convicted of forcible sodomy, abusive sexual contact, adultery, and
maltreatment of subordinates - Staff SGT Louis Corral also busted in rank to PVT
and kicked out of army with BCD – crimes took place between NOV 2011 - FEB 2012<o:p></o:p>

Some people fill that going to a chaplain because of
something happened to you is the best think too do but know some chaplains are the
accused.<o:p></o:p>
Army Chaplain Gets Six Months in Sex Case<o:p></o:p>

Maj. Geoffrey Alleyne, a chaplain and
24-year Army veteran, was sentenced by a court-martial jury to six months in
jail for repeatedly groping a civilian employee at the West Texas base.<o:p></o:p>
Alleyne initially was charged with sexual
assault, which could have led to a jail term of more than 20 years. His
six-month sentence followed on his guilty plea to charges of assault and
battery, making a false official statement and conduct unbecoming an officer<o:p></o:p> 

If they can’t go to a chaplain anymore how about they go to
their chain of command or the post Sexual assault prevention team.<o:p></o:p>

Army Brig. Gen. Jeffrey Sinclair has been
charged with forcible sodomy, wrongful sexual conduct and other crimes in an
alleged sex scandal involving female subordinates.<o:p></o:p>

<o:p> </o:p>

The US military officer overseeing sexual
assault prevention at the Fort Hood base in Texas is now under investigation
for sexual assault, including allegations of maltreatment of subordinates and
running a prostitution ring.<o:p></o:p>

<o:p> </o:p>

Army officer accused of sexually assaulting
children says twin did it. Aaron Lucas, a 32-year-old Fort Carson, Colo.,
artillery officer, claims the DNA that links him to attacks in Alabama and
Texas is actually that of his identical twin brother. <o:p></o:p>

<o:p> </o:p>
Fort Campbell Sexual Harassment Manager Arrested<o:p></o:p>
An Army lieutenant colonel in charge of the
sexual-assault prevention office at Fort Campbell, Ky., has been removed from
his job after his arrest for allegations that he violated a protection order
filed by his former wife.<o:p></o:p>

<o:p> </o:p>

 Witnesses say woman repeatedly punched Lt.
Col. Jeffrey Krusinski after he groped her.<o:p></o:p>

ARLINGTON, Va. — An Air Force officer who
once led the branch's sexual assault response team was acquitted Wednesday of
allegations that he groped a woman outside a Virginia bar.<o:p></o:p>

OTHER CASES AROUND THE MILITARY:<o:p></o:p>

Gene C. McKinney was the 10th sergeant major of the army
(SMA) of the United States, serving from July 1995 to October 1997. He was the
first and to date the only African American to reach that rank in the United
States Army. In 1998, he was court martialed on a variety of charges including
sexual harassment and obstruction of justice. He was convicted of the
obstruction of justice charge and demoted to the rank of master sergeant<o:p></o:p>

AIR FORCE<o:p></o:p>

Three airmen were convicted of sexual offenses in December,
the Air Force announced Jan. 16. Two received bad conduct discharges as part of
their sentences. The highest- ranking among them, a chief master sergeant, was
busted five ranks but allowed to stay in the Air Force.<o:p></o:p>

The Air Force began publishing a list of sex crime
convictions in September amid growing criticism of the military’s handling of
sexual assault. Nineteen enlisted airmen and one officer have been convicted so
far.<o:p></o:p>

The December convictions:<o:p></o:p>

Senior Airman Paul Stephan of Goodfellow Air
Force Base, Texas, sentenced Dec. 11 to one year confinement, reduction to E-3
and a bad conduct discharge for abusive sexual contact and assault consummated
by a battery. A female soldier accused Stephan of pulling on her pants and
touching her sexually in August 2012, according to the Air Force. Stephan was
acquitted of one specification of sexual assault and one specification of
abusive sexual contact.<o:p></o:p>

Airman 1st Class Trevor Davis of Joint Base
Elmendorf-Richardson, Alaska, sentenced Dec. 13 to five months confinement,
reduction to E-1, a reprimand and a bad conduct discharge for four
specifications of abusive sexual contact. Two female civilians accused Davis of
touching them sexually in May while riding all-terrain vehicles together, the
Air Force said.<o:p></o:p>
 
Chief Master Sgt. Frederick Thomas of Joint Base
San Antonio-Randolph, sentenced Dec. 14 to forfeiture of $1,202 for two months,
reduction to E-4 and a reprimand for sexual harassment, abusive sexual contact,
simple assault and indecent language. A female noncommissioned officer accused
Thomas of making inappropriate comments about her photos on Facebook; making
sexually explicit comments toward her and touching her sexually, according to
the Air Force. Thomas was acquitted of unlawful communication of a threat.<o:p></o:p> 

A fourth airman, Tech. Sgt. Matthew Stevens of
Barksdale Air Force Base, La., was convicted of five specifications of assault
consummated by a battery of his civilian wife and daughter and making a false
official statement but acquitted on the most serious charges of rape and
aggravated sexual assault. Stevens physically abused his wife and daughter over
three years and lied about it in a civilian protective order hearing, the Air
Force said. Stevens was sentenced Dec. 21 to 60 days confinement, reduction to
E-1, forfeiture of all pay and allowances and a dishonorable discharge<o:p></o:p>



 IN THE NAVY<o:p></o:p>

As part of a pledge in 2013 to be “active, open and
transparent” when it comes to sexual assault prevention efforts, the Navy on
Wednesday continued its monthly release of all courts-martial verdicts,
announcing December’s results for all 24 cases, sexual assault-related and
otherwise.<o:p></o:p>

The service also announced an addition to the November list,
which appears in full below.<o:p></o:p>

December verdicts<o:p></o:p>

NAVY REGION MID-ATLANTIC<o:p></o:p>

At a general court-martial in Norfolk, Va., EM2
Dwayne S. Drayton pleaded guilty to abusive sexual contact. On Dec. 5, the
military judge sentenced him to a bad conduct discharge and confinement for 24
months.<o:p></o:p>

<o:p> </o:p>

At a general court-martial in Norfolk, AT1
Richard Lesley was tried for possession of child pornography. On Dec. 19, the
panel of members returned a verdict of guilty and sentenced him to a bad
conduct discharge and confinement for 18 months.<o:p></o:p>

<o:p> </o:p>

At a special court-martial in Norfolk, FC2
Joshua Gibson pleaded guilty to sexual harassment and assault consummated by a
battery. On Dec. 3, the military judge sentenced him to a bad conduct discharge
and confinement for 75 days.<o:p></o:p>

NAVY REGION SOUTHEAST<o:p></o:p>

At a general court-martial in Jacksonville,
Fla., QM3 Jason J. Carchio pleaded guilty to misuse of a government computer,
indecent communications to a minor, and solicitation, distribution and
possession of child pornography. On Dec. 12, the military judge sentenced him
to a dishonorable discharge, the forfeiture of all pay and allowances, reduction
in rank to E-1, a fine of $5,000, and confinement for 30 months.<o:p></o:p>

<o:p> </o:p>

At a general court-martial in Mayport, CS3
Michael A. Rivas pleaded guilty to rape. On Dec. 19, the military judge
sentenced him to a dishonorable discharge, reduction in rank to E-1 and
confinement for four years.<o:p></o:p>

NAVY REGION NORTHWEST<o:p></o:p>

At a general court-martial in Bremerton, Wash.,
ET2 Christopher J. Schaleger pleaded guilty to sexual assault. On Dec. 16, the
military judge sentenced him to a bad conduct discharge, reduction in rank to
E-1 and confinement for three years.<o:p></o:p>

<o:p> </o:p>

At a special court-martial in Bremerton, CS3
Wyman A. Henry pleaded guilty to sexual assault. On Dec. 18, the military judge
sentenced him to reduction in rank to E-2 and confinement for 60 days.<o:p></o:p>

NAVY REGION SOUTHWEST<o:p></o:p>

At a general court-martial in San Diego, ABF2
Jabian D. Viltz pleaded guilty to violation of a lawful general regulation and
abusive sexual contact. On Dec. 9, the military judge sentenced him to be
discharged with a Bad Conduct Discharge and confinement for 22 months.<o:p></o:p>



NAVY REGION HAWAII<o:p></o:p>

At a general court-martial in Pearl Harbor,
Hawaii, MR3 Christopher Shafer pleaded guilty to receipt and possession of
child pornography. On Dec. 21, the military judge sentenced him to a bad
conduct discharge, the forfeiture of all pay and allowances, reduction in rank
to E-1 and confinement for 300 days.<o:p></o:p>

<o:p> </o:p>

At a special court-martial in Pearl Harbor, GM3
Rudy Orozco pleaded guilty to abusive sexual contact. On Dec. 18, the military
judge sentenced him to a bad conduct discharge, reduction in rank to E-1 and
confinement for 90 days.<o:p> </o:p>

NAVY REGION EUROPE, AFRICA, SOUTHWEST ASIA<o:p></o:p>



At a general court-martial in Naples, Italy, IT2
Jacob Pease was tried for sexual assault and violation of a lawful general
order. On Dec. 13, the panel of members returned a verdict of guilty to all
charges and sentenced him to a dishonorable discharge and confinement for six
years.<o:p></o:p>

NOVEMBER VERDICTS<o:p></o:p>

NAVY REGION MID-ATLANTIC<o:p></o:p>

At a special court-martial in Norfolk, EN1
Stevenson B. Anderson pleaded guilty to sexual harassment and assault upon a
petty officer. On Nov. 5, the military judge sentenced him to reduction in rank
to E-4, 35 days restriction and confinement for 14 days.<o:p></o:p>

<o:p> </o:p>

At a special court-martial in Norfolk, Va., BMC
Andrew L. Pierce pleaded guilty to sexual harassment and assault consummated by
a battery. On Nov. 14, the military judge sentenced him to reduction in rank to
E-6, hard labor without confinement for 14 days and confinement for 30 days.<o:p></o:p>



NAVY REGION SOUTHEAST<o:p></o:p>

At a special court-martial in Jacksonville,
Fla., AE3 Shawn Dengler pleaded guilty to violation of lawful general order,
wrongful use of a synthetic cannabinoid, assault consummated by a battery and
communicating a threat. On Nov. 5, the military judge sentenced him to a bad
conduct discharge, reduction in rank to E-2 and confinement for 120 days.<o:p></o:p>

<o:p> </o:p>

At a special court-martial in Mayport, Fla., HMC
Richard Donahue III pleaded guilty to wrongful possession of a controlled
substance, larceny, housebreaking and solicitation to commit larceny. On Nov.
20, the military judge sentenced him to a reprimand, a fine of $2,000 and
confinement for 45 days.<o:p></o:p>



NAVY REGION MIDWEST<o:p></o:p>

At a general court-martial in Great Lakes, Ill.,
EMFA Ryan Hintze pleaded guilty to orders violations, false official
statements, abusive sexual contacts and bribery. On Nov. 7, the military judge
sentenced him to a dishonorable discharge, reduction in rank to E-1 and
confinement for four years.<o:p></o:p>

Response by 1SG Private RallyPoint Member made Jan 18 at 2014 2:12 PM

2014-01-18T14:12:45-05:00

SGM, like you and most others, I am outraged and appalled that "we" as an Army and military continue to allow these actions to continue. Situations like this one show not only how we have more work to do in regards to SHARP, but it cuts to the very core of the 2 classes within the military, enlisted VS officer. Too often, enlisted are treated as second class service members. It is my opinion, if this LTC had been a MSG or lower he would have been stripped of rank and forced to retire immediately. Oh, wait that did happen already! The MSG that was charged in the Ft Hood scandal was stripped of rank and forced to retire! It was in the news! But this LTC gets to be retained!? What benefit to the military could he possible be? He DISHONORED the uniform we wear everyday and should NOT be allowed to retire with the benefits he would have earned.

Response by SFC Private RallyPoint Member made Jan 18 at 2014 2:32 PM

2014-01-18T14:32:22-05:00

SGM also with these types of action in the military it brings us back to another post from SPC Adam Perkel.

What do you believe is responsible for the disconnect/lack of understanding between the general public and the military?

Added by SPC Adam Perkel on 01/17/2014 16:00:31

Response by SGT Suraj Dave made Jan 18 at 2014 2:53 PM

2014-01-18T14:53:05-05:00

I really think there may be more to this we aren't hearing.

Response by SGT(P) Private RallyPoint Member made Jan 18 at 2014 4:43 PM

2014-01-18T16:43:28-05:00

Maybe the Army should implement a whole day of training at some point early in boot camp. I'd say within the first few days. Bring in people who have been violated and accused, bring in MP's, prosecutors, etc. Explain in detail what will/should happen to those found guilty. Hit them with every angle of the consequences.....Probably an overboard reaction but it seems like it might be getting to this point.

Response by SGT Byron Labadie made Jan 18 at 2014 5:10 PM

2014-01-18T17:10:35-05:00

I have seen some things during my service that defied all reason. I do not know to this day why some things are allowed to "slide" and others are not. Sometimes, the word "fair and just" is completely absent. Example: A SFC with 17 years of service was over-weight. He was a great leader, all of the junior enlisted admired him, and he truly cared about his troops. Somebody decided after all that time he should lose a LOT of weight, or get kicked out. He was told to lose a impossible amount of weight in a very short time. He never had a chance...and after almost making retirement, was given the boot. In this very same unit, there was a E-5 who was a chronic and severe alcoholic. He went up and down in rank like a yo-yo. He was not kicked out. I asked my XO, off the record about the comparison, and his reply to me was, "The army got the job done with Sgt ****. He will retire as a E-5, maybe less. With the health problems he has, he won't be drawing retirment for very long, he will be dead. The army gets the better end of the deal". The reply is so outlandish, I could not have possibly made this one up. Go figure. It is what it is.

Response by SGT(P) Jessica Brennan made Jan 18 at 2014 11:29 PM

2014-01-18T23:29:22-05:00

Great post SGM by the way.

If someone wants to rape or sexually assault someone regardless of how much training you shove down their throats, it's not going to stop them from wanting/ needing that control and power over their victims. People who want/ need to do those types of things to another human being, needs some SERIOUS help with their issues. The SHARP training program the Army has designed is by far, one of the worst programs out there in the Army; it's a check the block type of program. That training they give out every single time does not prepare a victim for the type of things they will have to endure through out the whole process of the Court-Martial. There are so many gaps in that program.

There are so many females and males who get away with charges in cases of sexual assault and rape all the time regardless of their rank. I mean look at the statistics they put out for the year 2012. It is horrible that a LTC got away and is still in our ranks, it's not right by any means. I just wish the Army would open it's eyes and actually "CARE" to really fix the problem, and stop letting their Commanders run the show when it comes to Court-Martials for sexual assault and rape cases. A judge can find the defendant guilty and then regardless if "all" evidence proves them guilty that Commander of the defendant can say their not-guilty and everything is wiped clean. I don't think those Commanders understand how badly they effect the victim when they say not guilty or maybe they do and just don't care.

Response by SFC Private RallyPoint Member made Jan 19 at 2014 12:32 AM

2014-01-19T00:32:09-05:00

We all understand that there is a different standard for enlisted and officers. However, there should be NO difference in standards when it comes to this type of violation.

Response by MAJ Private RallyPoint Member made Jan 19 at 2014 4:25 AM

2014-01-19T04:25:05-05:00

Agreed.

Standards are meant to be applied uniformly.

APFT is another such example.

Response by CMC Robert Young made Jan 27 at 2014 2:19 PM

2014-01-27T14:19:31-05:00

There is no place in any military organization for somebody who has been convicted of a felony much less something as significant as sexual assault. By retaining some and dismissing others from the service, we are sending the message that depending on who you are, you may be able to find a work around for the system; the rules are not universal, and favoritism can be obtained. The message we should be sending is that such failures cannot and will not be tolerated by any member regardless of their pay grade.

Response by SFC Private RallyPoint Member made Jan 28 at 2014 4:40 AM

2014-01-28T04:40:08-05:00

This infuriates me beyond anything SGM. If personel in our formation cannot be trusted, then why do we have them around? Why do we allow them to retain the privilege of wearing this uniform? I dont want him anywhere near me, or my Soldiers. All Soldiers are entitled to ourstanding leadership, this is not it.

Response by SSG Private RallyPoint Member made Feb 6 at 2014 5:04 AM

2014-02-06T05:04:19-05:00

According to the article, it was an air force LTC that was allowed to stay in and the 3star that made it happen is retiring due to the controversy......but could you imagine what would have happened in the 90s before everyone was online and social media? He probably would have been promoted a few more times, standing in front if an FRG meeting, eye balling his next victim, or reducing someone in grade for something a lot less serious and preaching honor and integrity to them.

Response by SPC Private RallyPoint Member made Feb 6 at 2014 9:04 AM

2014-02-06T09:04:51-05:00

While this is upsetting, I honestly think that sexual assaults are the most heinous crimes ever, I urge all the younger SMs to not allow this disgusting show of favoritism and a double standard to make you jaded against the Army as a whole. What happened was obviously terrible but I think it would only compound the issue if you let it ruin your attitude. I personally think that the Army has many flaws but those flaws are there because of the individuals that don't adhere to the standard. Don't let this incident negate all the good things the Army has given you.

Response by SSG Private RallyPoint Member made Feb 9 at 2014 5:16 AM

2014-02-09T05:16:18-05:00

I hate these double-standards. I think the Army will and slowly is getting better at punishing it's officers. Stop letting them just retire with a fine, and keep putting them in the Army Times. I sleep better at night knowing generals with secret lives are losing their benefits. Equality.

Response by SSG Kevin McCulley made Feb 12 at 2014 9:31 PM

2014-02-12T21:31:00-05:00

This is why some enlisted develop contempt for officers.

Response by SSG Kevin McCulley made Feb 12 at 2014 9:50 PM

2014-02-12T21:50:25-05:00

Different spanks for different ranks makes the Army's world go 'round.