Posted on May 19, 2018
SPC Rotational Training Unit
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I’ve been to legal and they were no help. Without specifics, I’m being pressed with a couple charges that are inaccurate and my honest truth is backed by physical evidence. However, my unit does not want to drop the case. All legal told me was none of this was worth written counseling, let alone any degree of Article 15. They believe my LTC should drop the case but many in my unit say that he will not care and will still hit me with max punishment.

i have several NCOs that agree I am a great soldier that I’m being targeted because female combat arms is frowned upon. I refuse to believe that it’s outright bias, I would hope my unit is better than that.

Would anyone have advice on how to handle this situation professionally?
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Responses: 58
LTJG Richard Bruce
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I've been out for a few years. While active, the issuance of "work hours" was being frown upon. It was common practice to give "work hours" in lieu of seeking a Captain's Mast for minor discipline problems. Extra duty documentation can disappear when needed. An Art-15 left a paper trail. Apparently too many complained about the extra work. What I noticed was a significant increase in Art-15's. For those on active duty, is giving out "work hours" common, or are problem cases pushed into Art-15's?
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MSG Intermediate Care Technician
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You can always choose the option to go trial by court martial and really show/defend your case. Not giving actual legal advice, just pointing out that you have the option of taking this to court martial.
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SSgt Security Forces
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if its something you have 100% proof you did not do, you have the right to pass up the art 15 and push for a courts martial. Just be careful with it as it can turn on you. But often leadership doesn't actually have enough evidence to go to trial. I'd recommend talking to legal over this option.
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SPC Margaret Higgins
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Private First Class, I admire your candor and your courage. I don't have an answer for you; very unfortunately. I Do, however, praise you; and, send my most fervent prayers to you.
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CPO William A. Bullard Jr.
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Article 15 is Non_Judicial Punishment. Read any and all of UCMJ; you don't have to be JAG or Legal Beagle officer to understand it. It was written by King and King [Virginia Law firm] and they will defend you over any article of UCMJ except for Article 86; Absence from appointed Place of Duty. "...,if you ain't there...you ain't there...". At the close of the narrative describing the offence to be command sanctioned there is the discrete wording "...or as a Court Martial may direct...". To even get to a Courts Martial stage you must first have to go through NJP [Non-Judicial Punishment]; you cannot be taken to Courts Martial otherwise. In USN we call NJP "Captain's Mast" My Marine Corps calls it "Officer Hours"; maybe Army and USAF have a different term for it. When you are brought to NJP, command is absolutely required to read the specificity of the charges to you and they are required to warn you that anything you may say may be used against you, that you may remain silent under UCMJ Article 31 [There must absolutely be a presentation of UCMJ Article 31 rights]; this even takes place in Senior NCO pre-mast screening recommendations to Command. It is your right to stand silent and your silence CANNOT be interpreted pro forma as guilt. This is your right; on the obverse side of this coin you have to remember that this is Non-Judicial punishment and while there are certain provisions of protocol that are in force in 'JUDICIAL" proceedings, command is NOT necessarily bound to follow them. There are even cases where they don't even have to listen to witnesses you have who are "willing" to speak for you, seen that a couple of times; this is Non-Judicial Punishment; Remember that. At the end of NJP, command is required to speak and notify you here; there is NO option of silence here on command's part. It is your right under UCMJ to disagree with Non-Judicial punishment findings, the punishment imposed ,and demand a Courts-Martial. They have to notify you of that; I put thirty six years in my Navy, two tours and three campaigns in VietNam and never once did I see that NOT happen Not a barracks lawyer here but it does 'seem' [without knowing more] from the sketchiness of your narrative that command is not following the criteria of rights and responsibilities lectures that are incessantly pounded on and that you should have gotten in Basic. good luck--Anchor'sAweigh/SemperFi-- Chief BUll
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CWO3 Us Marine
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Nobody went to Mast or even XOI unless the Chief and LPO agreed while I sailed with Gator Navy. Same as office hours. CO's time is valuable. I've read rights and confined ashore as CO, but it had GO sensitivity throughout the AO. Many other issues were handled at the lowest level practicable. Those in between required discretion and judgement. The offense, future value of member, and overall impact on good order and discipline of the unit were considered always. S/F
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CSM Richard StCyr
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Depends on the offenses, I remember serving in units where the Battalion Commander reserved the authority to administer UCMJ for things like; drugs, SHARP, EO, sensitive items and security breaches.
Remember just because you are going through the UCMJ process doesn't mean you will be automatically found guilty and the commander can impose punishment for one or all charges or dismiss one or all charges. You also have the right to appeal the findings and punishments associated with the charges.
The NCOs who swear you are a stellar troop and are being targeted because you are a female combat arms Soldier can also appear as witnesses on your behalf and respectfully tell the Battalion Commander their opinion. My experience with NCOs who foment this sort of thing (alleging command bias) with young Soldiers usually talk a good game but lack the integrity to level the same accusation respectfully to the Commanders face.
You can also request a court martial if you believe the Commander is biased or you are innocent of all charges being referred against you.
I had the opportunity to advise Commanders on more UCMJ actions than I like to admit, many were cut and dry, some convoluted and in more than one instance unwarranted, at which time the commander dismissed the charges, but not until the second reading when we heard from witnesses on the Soldiers behalf and the Soldiers C of C and NCO support channels take on the charges.
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Lt Col Jim Coe
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Recommend you do not attempt to litigate your case in RP. You should seek assistance from the Area Defense Counsel, or the Army equivalent thereof.
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LTC Multifunctional Logistician
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SPC (Join to see) I recommend you to prepare your response to the allegations/ charges. I'd write them down and then rehearse comments you wish to make to your BC. I'd address each with facts and no feelings.
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SFC Founder
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Have you spoken with Trial Defense Service (TDS)?
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SCPO Morris Ramsey
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Have you considered putting on your big girl panties and when your LTC asked you if you have anything to add, plead your case. After you have stated your defense and your senior leadership team has lauded your greatness and the LTC awards punishment, give him a right hand salute and say Thank you Sir!
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SGT Greg Gold
SGT Greg Gold
>1 y
Bad advice.
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