Posted on Jan 18, 2014
SGM Command Sergeant Major
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<p>We recently implemented a new policy in which we automatically chapter from the Army&nbsp;any enlisted Soldier that is a convicted sex offender, regardless of when it took place.&nbsp; 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.&nbsp; How does this happen?&nbsp; 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?&nbsp; How are we suppose to look at this LTC with any sort of respect?</p><p>http://blog.rallypoint.com/2014/01/army-o-5-in-stuttgart-convicted-in-sex.html</p><p>&nbsp;</p><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"><i class="icon-remove"></i></div></div>
Posted in these groups: E1688309 SHARP
Edited >1 y ago
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Lt Col Luis A. Rojas
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SGM, yes, very disturbing and it definitely sends the wrong message...total transparency is a must in order to clear the air.&nbsp;
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Lt Col Luis A. Rojas
Lt Col Luis A. Rojas
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SPC, see my other comment below in response to your more in-depth information on this case.  I can honestly say my fellow RP members and I would not want an innocent person convicted.
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1SG S3 Operations Ncoic
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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.
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SFC Counterintelligence (CI) Agent
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I certainly hope that is the case.  The article seems to imply that is not what is happening, however, we all know the media will spin things to whatever angle they want to portray.  It is still amazing that a court martial allowed this to happen, thus creating the appearance of a double standard for somebody with enough rank.  The line that struck me is that it was out of character for him to do this.  If it is IN character for anybody in OUR military to behave like that, they should immediately be sent packing, preferably with a foot in their backside.
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SGM Command Sergeant Major
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It comes from the Secretary of Army Directive Memo 2013-21 DTD 7 NOV 2013.  Para 3.B.(2) states: No further action is required if a commissioned or warrant officer who has been convicted of a sex offense has already been subject to an elimination action for that conviction and has been retained. 

 

As you know all Special (BCD) and General Court Martials com with a decision to seperate and a characterization of service.  So as I read this memo, that was seperation action, and they did not identify him for seperation. 

 

Now Para 3.B.(1) does say that Commanders will initiate a seperation, but again, I think that based off the title of the story and the fact that the Court Martial did not identify him for seperation, this will not apply. 

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SFC Senior Small Group Leader (Ssgl)
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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.
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SGT(P) Eye Specialist
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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.
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SFC Psd
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Edited >1 y ago

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
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1SG First Sergeant
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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. 
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MAJ J5 Strategic Plans And Training Officer
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Agreed.


Standards are meant to be applied uniformly.


APFT is another such example.

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SFC Chief Public Affairs NCO
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Edited >1 y ago
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.
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SGT(P) Jessica Brennan
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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.

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SGM Command Sergeant Major
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Thank you for saving me the time of letting this young SPC know what classifies as Sexual Assault.  I agree with your interpertation of the facts.
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SGT(P) Jessica Brennan
SGT(P) Jessica Brennan
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That SPC (service member) is very persistent in proving his opinion on the matter in your forum, he commented about 6 different times. I don't think that SPC (service member) realizes that the word "force" is the key word in this whole case. I'm sorry but if you have to physically force yourself onto a person who you want to have sex with, you need to stop right there and re-think some things.  Regardless if it's a cohabiting situation or not. It should never come down to forcing your partner to do something like that.
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SFC Counterintelligence (CI) Agent
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SGT Brennan you are exactly correct.... even if they were "co-habitating the second she said NO, he at the obligation to stop.  If he did not then it was forced.  Not open for any kind of debate.
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SGM Command Sergeant Major
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Nail on the head SGT.  It doesnt matter what "signals" were sent previously, it doesnt matter past history, nothing.  The only thing that matters is the second one of the people says stop.  It must stop immeditely.  Anything else is unacceptable, and you deserve every bit of trouble you are going to get into for not respecting the other person's wishes. 
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SGT Suraj Dave
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I really think there may be more to this we aren't hearing.
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SSG Andrew Dydasco
SSG Andrew Dydasco
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It's possible.  But what IS being said is ridiculous.

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SSG Kevin McCulley
SSG Kevin McCulley
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The issue is that if the LTC was enlisted, it wouldn't matter.. off with his head. 
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