I am considering a Congressional inquiry...what advice do you have?

SSG(P) (Join to see)

First, let me say that, as a parent, I feel your pain and know that you are concerned about your daughter. We all want to do whatever we can to protect them, even after they have grown up and left home.

Having said that, I think that you should probably stay out of her situation and let her handle her own problems. She is an adult and a military member. While I am not suggesting that she may not be totally honest with you about what happened, she is telling you her side of the story. I think we have all been around long enough to realize that there are always two sides to the story and, usually, the truth lies somewhere in the middle.

I think you would be much better served offering advice and support to your daughter than trying to get Congressmen and Governors all spun up. They cannot really impact the outcome (particularly in the short time period mentioned) as all they can do is display interest and obtain the facts. Does that ensure commanders will do the right thing? Maybe... but I think that most will do what they think is right regardless of who is watching or asking. It is the commander's decision on what to do concerning the UCMJ... If the commander decides to go to court-martial rather than offer an Art 15, that is his/her call and nobody can change it (not the next higher commander, IGs, Congressmen, or anybody else). To do so would be Unlawful Command Influence, which is prohibited. I have been in that situation on a couple of occasions and had the moral courage to do what I thought right, regardless of who was trying to convince me otherwise. If anything, outsiders being involved only made me dig my heels in and continue the action with more vigor.

I honestly think that your involvement will have no impact on the situation. Sure, it will cause a little inconvenience and work for the chain of command, but that is all in the course of business. Your daughter has the right to appeal if she thinks she was mistreated and I urge her to do that, if that is what she truly believes. In that way, the whole situation will be reviewed by the next higher chain of command.

My experience with Congressionals is that they simply make the complainant feel good but rarely, if ever, have an impact on the situation/issue, particularly when it comes to military justice issues.

I used to handle Congressionals in this manner. When I received one, I would call the person in who wrote the Congressman and sit down with them to prepare the response. 99% of the time, the response WE sent to the Congressman was the same response the individual had received before he/she wrote the Congressman. The only difference was that he/she got my response immediately instead of the several weeks it took to get a response (the same response) from a Congressman. People who think commanders are influenced by questions from Congressmen are simply wrong, unless they are that very small minority who really are purposely doing something wrong.

Again, I know how you feel and I feel your pain, but I honestly think you should stay out of this, except to offer your daughter parental support and guidance. Anything else you do may make you feel good, but will have no impact on the outcome.

First off not knowing too much on the whole situation, but regardless yes her command should have a JAG officer that will prosecute, but they are also liable to have another one to represent her, and she can hire one on her own. If they are not doing this then they are very wrong, she should have already been in contact with a lawyer of her own to help defend her, if not then something is defiantly not right.

I posted this as a reply to a poster below, but I think it's important enough for a top-level response... I have seen the "she is entitled to military counsel" statement several times in this thread.

This is FALSE. You are not entitled to a provided military counsel in the case of a Summary Court. Rule for Courts-Martial 1301(e), Part II, Manual for Courts-Martial United States (2012). The service in question can do so as a matter of policy (I don't know the Navy stance), it can chose to do so in a specific case, or the accused can hire private counsel.

The only way to FORCE the service to provide counsel would be to refuse the Summary Court, which she has the right to do. However, it should be borne in mind that a Summary Court is much more limited in the punishments that it can impose. It's a two-edged sword.

I can only tell you my personnel experience. I am not afraid to share that as a young SPC, I had no other choice to seek Congressional help and when I did, it worked. Long-quick story:

- 2001, assigned to Okinawa, Japan while then-wife was 8 months pregnant. She was still CONUS until the birth
- child was born with Cystic Fibrosis
- Medical faculties in Okinawa were unable to provide CF specific medical care
- I requested a compassionate reassignment to ANY post near or around appropriate medical care
- exactly six months later, HRC noted they never received the 4187/packet
- upon further inquiry, BDE (on Hawaii) noted they never received the packet
- BN stated they sent it forward
- I exhausted all my means via the chain of command channels
- immediate supervisor and his supervisor advised I submit a Congressional inquiry
- no kidding, 5 working days after I sent the email, I received a call from the Congressman’s office asking for further details and updates
- I had orders and was on a plane 5 days after that phone call

The conclusion of the Congressional inquiry discovered the packet never left the BN Commander’s office. Am I glad I went that route? Absolutely. I would do it again if I felt I had done all I can and had given the COC the opportunity to address the issue. Was there any repercussions? No. I was actually pinned SGT/E5 and given an award on the way out.

NOW – I see Congressionals from time and time and process them accordingly. I have only seen one that was out of line and ridiculous. The others, in my eyes, were legitimate concerns and inquiries.

SSG Michael LoGuidice - Having been in the Marine Corps and the Navy I am guessing your daughter must have done something pretty serious to be getting a courts martial rather than NJP, no offense to you or your daughter sir. I think the first action for you and your daughter is to get a lawyer, a real one not a JAG. I have some experience with getting a senator involved in unfair actions but I doubt you will ever get a congressional inquiry especially in two weeks. Are you able to go to your/her congressman/senator's office in D.C. that is what is most effective.

IMHO

I have two weeks until a scheduled Summary Court-Martial....is that enough time?
Probably not unless a lawyer can delay it.

Should I send letters and requests Registered mail (requiring a signature)?
Not sure this will be any better with the time remaining.

Do I write my Senators and Representatives as well as the Governor of the state she entered from as well as the current politicians in the county she is serving in?
Senators, congressmen and the chair of the armed services committee are best bets.

Is there any backlash she can expect from my inquiry?
It's possible.

Is there any backlash I can expect as I still wear the uniform?
It's possible.

Is it possible I make this worse by getting involved?
It's possible.

Is it possible an IG Complaint (or USN equivalent) is more appropriate?
Officers are going to close rank march no matter the service or situation there are not going to be any Tom Cruise from a Few Good Men to help.

Sorry if I am a downer. Lawyer up is the best thing IMHO
Good luck my brother.

I would really like to know what exactly she did to get court marshaled. We can give you all sorts of advice, but without knowing the true reason behind it, we could be sending you in the wrong direction. Throughout my time in service spanning 3 branches of the military, I have kicked 25 service members out out under OTH. The charges ranged from sexual assault and underage drinking to drug abuse and prostitution in a combat zone. Depending on what the charges are, you may not even have a leg to stand on. In this case, I would not give you any advice as I could not determine the nature of the offense. Each type of offense has a different way of approaching the situation. I wish you luck in your endeavor, and I understand that because she is your daughter, you will fight for her whether she is actually guilty of the offense or not. Take a moment and think to yourself (forgetting she is your daughter), If she was my Soldier and did this, what would I do to her in this situation?

I feel I don't know some key items here, but to opine:
If your daughter is being tried under a Summary CM, then the issue at hand is more serious than a Captain's or Admiral's Mast. This indicates significant wrongdoing being alleged, but not a "high crime" that would warrant a General or Special CM preceding. She absolutely MUST get military counsel. The answer you write below under SFC Jerry Crouch 's response regarding what the JAG office said is a complete no go if true. She needs to go to another office and get a military lawyer that is not affiliated with that one. A military lawyer would be very keenly interested in that remark and might even be able to construct a procedural defense around that if she was not afforded an unbiased defense counsel.

I think the right answer lies in a competent defense, assuming she is not guilty... or even if she is. I would recommend that she ask for a continuance in order to buy time for preparing her defense and possibly to pursue some of the options you mention.

A Congressional would get results typically in a week or so, so you do have enough time to go there.

I would caution - commanders don't refer charges to a Summary Court Marshall in a whim. There must be something there to throw the book at your daughter. Depending on your relationship with her, you might want to have a frank talk with her about what really happened, understanding that there is a chance you get deposed or even called as a witness if the SJA figures out you know something.
We all want to protect our children. God knows I'd fight like a lion if my little girl were under the gun. She needs you. You will always be her daddy. If she "did it", you should focus on helping her learn from her mistake, and she and her JAG should concentrate on minimizing the damage. Characterization of Service as OTH is huge and has permanent consequences.
Good luck.

A note on timeliness: the best way of approaching a Congressional Inquiry would be either in-person at the member's office, or via e-mail as a close alternate. A US Senator or Congressmember will require a signed Privacy Act release before they engage any matter on behalf of a Constituent, so you could lose valuable time if you don't include this statement (often, you will find it as a download on the member's official website).

Two weeks is really cutting close. Legislators will not send letters directly to any unit or command. All Congressional correspondence will be forwarded to the Office of the Chief Legislative Liaison, Army (for Navy, it's the Office of Legislative Affairs). The correspondence will then be disseminated via the G-1 (A-1, N-1) channels, starting at 4-star HQ level and flowing down each level of command until it reaches the Commander concerned. For someone at a Company or Battalion, it could take 2 to 3 weeks for Congressional correspondence to reach the unit concerned.

An Inspector General (IG) inquiry is more appropriate when a specific regulation or standard has been violated.

In this case, a Congressional could be helpful if it reaches the Command in time. I would recommend working through Legal Counsel to build a defense, or to demonstrate that the Servicemember can be rehabilitated. One approach would be collecting letters of support from Officers and NCOs, as well as outside entities (Teachers, Clergy, etc) who may serve as character references.

BLUF: A Congressional or IG Complaint will not accomplish much if the Command is taking action within its authority under UCMJ, Regulations, etc. The key is to influence the Command toward showing leniency to a deserving Servicemember who is willing to learn from their mistakes.

I doubt you would suffer any backlash from your Chain of Command. As a Servicemember and a Father, you have every right to be involved. I would encourage you to cross-talk with your daughter's NCOs. As far as your daughter is concerned, a Congressional or IG inquiry are protected communications, and backlash can constitute reprisal (which will end anyone's career).

An OTH is not to be taken lightly. The worst thing that you can do in this case is to do nothing at all.

You will be happy to know, that my daughters inquisition is now over, we solved it at the lowest level. I did have to throw the iron fist into the velvet glove to get what we were asking for. The case is dismissed, she was retained, and there were no other repercussions on her part. The Sailor that was involved was Sep Boarded by Admin Board, and chose to get out with an honorable. I want to thank everyone from the bottom of my footlocker, that your advice was cherished and I really felt RP came to my aide when I most needed it. It has been a tumultuous year for me, and I thank each and everyone of you that offered up an opinion, even if I didn't agree with it. I have been off the grid for some time and it is good to be back.

With that said, get down and knock out 25 for taking the time to read this....

SSGT LoGiudice OUT

PS SPC Jeff Daley, PhD Jeff Daley, PhD you went above and beyond. Ranger On!

SSG(P) (Join to see), you are getting plenty of advice and guidance. I'll just say I wish you well.