Posted on Nov 27, 2013
SSG Robert Burns
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Too often soldiers fall victim to false accusations that subject them unfairly to humiliation, scrutiny, and a damaged reputation.  During these processes we expect the soldier to remain resiliant in these sometimes lengthy investigations which effects them and their families.

Even after the discovery of these accusations being false the soldier still must battle and live with the stigma of being accused.

 

Commands approach to this seems to generally be to PCS the soldier to the another unit.  I guess that could be good and bad but it's certainly not fair.  There's not a formation saying "You all know what happened with such and such and it was completely false!"  It just kinda goes away.

 

Do we do enough to right the wrongs of the falsely accused?

How should we be doing this?

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Responses: 11
CMC Robert Young
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SSG, I have encountered a similar situation recently. The member was investigated for defrauding the government through manipulation of her TDY travel claims. Two separate investigations over a period of three years which produced no solid evidence of wrong doing were followed by an Article 32 hearing where the JAG officer responsible concluded that there was not sufficient evidence to proceed. For reasons that escape us all more than a year later the convening authority still ordered a court martial this past spring, and at that proceeding even the government's witnesses were not certain that a breach of the law had occurred, and that they found no intent on the part of the member. The prevailing opinion was the regulations at the time were so confusing in their verbiage that it would have been impossible for anybody to make a fact based determination through even after the most stringent review of the evidence. Ruling of the courts martial: NOT GUILTY. (in about five minutes of deliberation)

 

In the meantime the member lost the command's endorsement for promotion to the next pay grade; was reassigned inside the command, and then served notice that through some little known civil rule that the government intends to seek reimbursement for what they perceive to be unfairly paid travel expenses in 2007/2008. So what do I do with this member now who is finally exonerated for alleged wrong doing from five years ago?

 

The command did finally restore their endorsement for advancement , and the member was advanced in August of this year......but there has never been a meeting where the CO or other command representative came in and said "Hey, bad on the knuckleheads who dug this hole, and our people did NOT do anything contrary to the good order and discipline of the US Military."

 

I talk with the member routinely to remind them about the important role they play at the unit, and about how much they can contribute (solid performer with good skills) but I'm not sure what influence I will have, or how this is going to  impact the future. I know the command's release of their advancement endorsement was a help, but how much I don't know. The sad fact (and my fear) is that any "negative" personnel action in a member's DD201 is now fodder for separation because of the accelerated downsizing. It hasn't been raised as an issue for this member yet, but I hold my breath every time HQ publishes a list of those people in zone for mandatory release.

 

I'm interested in anything anybody can offer to (1) keep the member tracking towards better things, and (2) anything to get the powers that be to realize that a not guilty verdict at a court martial is NOT a negative personnel action.

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CH (CPT) Heather Davis
CH (CPT) Heather Davis
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Senior Chief, respectfully I have been in situations before where I was falsely accused and I stood my ground and put all my anxiety in building my future. I plowed ground and I pulled on my faith. I leaned not on to my own understanding and I trusted God. I will say that I had outstanding Senior Leadership encourage me and work with me one on one. They would tell me keep that chin up!
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CMC Robert Young
CMC Robert Young
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Thanks for the perspective ma'am.
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CW2 Joseph Evans
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Once the allegations have been aired to the unit, even if it is just in a BN Staff (which is usually the case since an ongoing investigation that keeps the Soldier in limbo is brought up as part of SJA brief to the Commander), there is no local recovery. Even an apology is going to fall flat.
PCS as far away as possible so that they can get clear of the stigma, find an environment that isn't a constant reminder of the drama past, and a glowing recommendation to the receiving unit. Don't forget to have all evals conducted during the "investigation" reviewed, reconsidered, and redacted as necessary.
Depending on the time in service, and the will of the Soldier, an early release from military service with an Honorable discharge may be the only viable answer.
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SSG Robert Burns
SSG Robert Burns
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and that is a dag gone shame.
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CH (CPT) Heather Davis
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Every Leader at one time or another goes through false accusation, misperception, and I have personally gone through a situation when I was a WO1. I would pray with the individual and have them take their frustrations in building their future. I quickly found out who my advocates were, and it made me stronger.


I took my anxiety and put my focus in going back to school, and I would not respond to gossip, or react to nonsense. I would encourage the Soldier, and ensure that the individual is surrounded by genuine battles.


I would look back into our Military History, and remind the Soldier that all Leaders who stand the test of time maintain Military Bearing at their darkest hour. This is where mettle is created, and the ability to push though those obstacles become foot stools. I am so grateful for the adversity in my life and would not change the situation. Adversity shapes you and pushes you to post traumatic growth and resiliency.

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