How do you restore a falsely accused soldiers reputation, motivation, and drive?

2013-11-27T14:11:34-05:00

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?

Response by CMC Robert Young made Nov 27 at 2013 3:36 PM

2013-11-27T15:36:18-05:00

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.

Response by CW2 Joseph Evans made Nov 27 at 2013 4:21 PM

2013-11-27T16:21:14-05:00

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.

Response by SSgt Private RallyPoint Member made Nov 27 at 2013 7:16 PM

2013-11-27T19:16:28-05:00

I think there are no easy answers here, except before we embark on justice that we do mete out accusations that are tantamount to a conviction of a kind. Even with SHARP for example, the accused will live with these chargers, guilty or innocent and especially in these cases. The recourse no matter what it is, may not be enough.

Response by SSG Private RallyPoint Member made Nov 28 at 2013 3:23 PM

2013-11-28T15:23:06-05:00

I feel that the chain of command should formally apologize to the service member and let it reflect in their personnel record. All too often the military is quick to throw service members to the wolves but often reluctant to rectify the problem.

Response by CH (CPT) Heather Davis made Nov 29 at 2013 9:23 PM

2013-11-29T21:23:32-05:00

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.

Response by Lt Col Private RallyPoint Member made Nov 30 at 2013 10:54 AM

2013-11-30T10:54:45-05:00

Wow - this is actually is a really, really good one. I think the best solution really is to PCS the individual. Sure, people talk and because of email, electronic records and rumor mill, they'll still going to have to work their tails off to fix it, but this might be the best way to give them the opportunity. Time and distance do help, but once someone has to go through this in their unit, they're done with that unit. Anytime the UCMJ or the IG or gets involved, that person is effectively done within that unit, even if they win the case.

Response by CPO Private RallyPoint Member made Nov 30 at 2013 11:31 AM

2013-11-30T11:31:04-05:00

This is a very difficult fix. The reason being is, it has to be a cultural change. While raising awareness here is a good beginning, these cases would have to be sought out and delt with as they are accruing. Then educate those who do hold the responsibility to 1 intervene and work to put right what is wrong, and 2 to stand up, step forward and apologize to the falsely accused and do what is right to make things better for that individual. Overall I think educating people to the problem and the solution is a key factor in reducing this. Will it ever end? Like DUI's and sexual assault, probably not, but we can always shoot for our perfect score and never give up the fight for that good order and discipline.

Response by SSG Private RallyPoint Member made Dec 3 at 2013 4:31 AM

2013-12-03T04:31:52-05:00

It is a huge problem with the use of NJP and UCMJ within our formations, often times soldiers are going into these things "Guilty until Proven Innocent" and it tarnishes their reputation.

The changes need to start at beginning, where the soldier is treated just like his civilian counterparts would, where he can stand accused of his actions but not be treated as a guilty party.

At the same time first line leadership needs to be involved, keeping him involved in the unit. He should still attend training events, he should still be included in unit social activities; because in the chance that he's not actually guilty the leadership of a unit has alienated and disrespected this soldier so much that he's no longer a productive soldier of that unit. He'll mistrust his leaders, he'll have no esprit de corps, and he will often times begin using those as a reason/excuse to screw up.

Any of my soldiers who've been in trouble, I keep them involved with my squad, I remind them that they are innocent until they've been proven guilty, and I do my best to show them that the best display of their character is how they stand and recover from the whole ordeal.

Response by MSG Private RallyPoint Member made Mar 13 at 2014 4:39 PM

2014-03-13T16:39:38-04:00

The damage is done. I've been slammed more times than I care to share. If someone verbally criticizes or accuses you relax. Although you might
choose to ignore it, deflect it, feel the need to defend yourself, get wrapped
up in an argument, reframe it, forgive it, give the person the benefit of the
doubt, seek to understand their intentions, take heed of their criticism or
advice, ask questions, use the situation as a springboard for a heartfelt
discussion, or even write an article about it. Just drive on. Well, if you feel like getting into it, the best way to respond to a
personal attack is to deconstruct it, either in the moment or after the fact.
Sometimes a quick deconstruction can actually help you respond in the moment as
well. If that doesn't work just report it. Responding is really the last thing you want to do. There are three things a 15-6
will due for you. Convict you, Vindicate you or shed no light on your situation
and convict you any way the the investigator writes his report.

Response by SFC Michael Hasbun made Mar 13 at 2014 5:38 PM

2014-03-13T17:38:09-04:00

I very firmly believe that when something like this happens, the entire Battalion needs to be formed up, with both personnel up in front. The command need to publicly point out what happened, and let everyone know abut the lie.

Response by SSgt Private RallyPoint Member made Mar 14 at 2014 12:37 AM

2014-03-14T00:37:15-04:00

I think that this is a fairly important lesson and the answers are not easy. In this instance the SM has to work twice as hard because stigmas are hard to overcome. As a leader, one may still have doubts but at what cost to the individual? It is kind of like police coming across a person with speech problems like Global Aphasia. What seems to be apparent might not be

With downsizing and some of this is practical, would be to create strife that was engendered by this fierce competition. Imagine this carrying over to soldiers and marines who may draw conclusions, innocent or not. ihmo Capt. Heather Davis might see this from the spiritual side.