If a soldier sends someone an unpleasant message after they retire can they get in trouble?

SGT S Sharpless — Fri, 24 Jun 2016 12:10:53 -0400

If a soldier sends someone who is still active duty a message (after they get out) expressing their feelings about that person. Can the person be persecuted?

Response by MSG Private RallyPoint Member made Jun 24 at 2016 12:12 PM

MSG Private RallyPoint Member — Fri, 24 Jun 2016 12:12:41 -0400

Define unpleasant? Was there any kind of threats conveyed in any way shape or form?

Response by SGM Erik Marquez made Jun 24 at 2016 12:22 PM

SGM Erik Marquez — Fri, 24 Jun 2016 12:22:47 -0400

This active duty person should immediately file the attached report and go to their safe space.
Contrary to current liberal and collegiate way of thinking, words do not infact hurt unless you let them.
if a threat was communicated then perhaps a different path other than to simply ignore is appropriate. . But as you have stated no threats were made .. ignore and move on, you reacting to the words gives them meaning and bite.

Response by MSG Private RallyPoint Member made Jun 24 at 2016 12:33 PM

MSG Private RallyPoint Member — Fri, 24 Jun 2016 12:33:02 -0400

Not under the UCMJ they can't.

Response by MSG Private RallyPoint Member made Jun 24 at 2016 12:33 PM

MSG Private RallyPoint Member — Fri, 24 Jun 2016 12:33:32 -0400

i think you meant prosecuted?

Response by Sgt David G Duchesneau made Jun 24 at 2016 2:42 PM

Sgt David G Duchesneau — Fri, 24 Jun 2016 14:42:59 -0400

Who gives a shit unless that message or letter, whatever it may be, is of a threatening nature. Other then that, f-ck'em!

Response by MSG Private RallyPoint Member made Jun 24 at 2016 4:01 PM

MSG Private RallyPoint Member — Fri, 24 Jun 2016 16:01:00 -0400

if they are not direct threats, no, but if they persist maybe, one of the key things in your post is they are out, ucmj no longer exists but civillian court does, and there is of course freedom of speech as long as it follows the non hate, discrimitory rules, if it fb, or what ever media just delete and move on

Response by SFC Joseph Weber made Jun 24 at 2016 5:04 PM

SFC Joseph Weber — Fri, 24 Jun 2016 17:04:29 -0400

Report it to your local Political Commissar. This person sounds like they are undermining the Rodina!

Response by CAPT Kevin B. made Jun 24 at 2016 9:25 PM

CAPT Kevin B. — Fri, 24 Jun 2016 21:25:20 -0400

"Unpleasantness" has two characteristics, how bad and how long. Really bad, aka threats, runs afoul of the criminal code. Really long puts you in the stalker category. Everything is measured in degrees, hence a one time "You're an Alpha Hotel" won't raise anyone's dander because it isn't worth it. However that doesn't mean "Street Justice" won't happen. Torqueing someone off is like Football. Three things can happen, and two of them are bad. Moving on from a bad experience with a superior goes quicker if you start singing "Let It Go".

Response by Capt Tom Brown made Jun 24 at 2016 10:44 PM

Capt Tom Brown — Fri, 24 Jun 2016 22:44:55 -0400

SGT S Sharpless - as a nonlawyer-type I would say no, unless I threatened an individual or somehow broke a law in what I said. That would be up to the authorities to decide if reported to them. If someone emailed me in all CAPS cussing me out and berating me with all sorts of names, etc I would probably just delete the email and move on. No way would I get into a back and forth with the individual. Same can be said for a social media contact like fb. Let him have the last word and move on. The person probably needed to get his frustrations off his chest once and for all so to continue with his own life.

Response by SGT David Stead made Jun 26 at 2016 1:22 PM

SGT David Stead — Sun, 26 Jun 2016 13:22:34 -0400

Yes it is a direct violation of:
10 U.S. Code § 891 - Art. 91. Insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer

Any warrant officer or enlisted member who—
(1) strikes or assaults a warrant officer, noncommissioned officer, or petty officer, while that officer is in the execution of his office;
(2) willfully disobeys the lawful order of a warrant officer, noncommissioned officer, or petty officer; or
(3) treats with contempt or is disrespectful in language or deportment toward a warrant officer, noncommissioned officer, or petty officer, while that officer is in the execution of his office;
shall be punished as a court-martial may direct.

Response by PO1 William "Chip" Nagel made Jun 26 at 2016 7:34 PM

PO1 William "Chip" Nagel — Sun, 26 Jun 2016 19:34:08 -0400

Depends, Are they really "Out" or are they still in the Inactive Reserves? They may still may be Liable to the UCMJ if they are still in the Inactive Reserves.

Response by CSM Darieus ZaGara made Jun 28 at 2016 6:09 PM

CSM Darieus ZaGara — Tue, 28 Jun 2016 18:09:34 -0400

There are certain areas in which one is still subject to the UCMJ. While I am not an expert! I will say that it is a little faint to send someone a negative note after you leave their presence. There is a way to express yourself and get your point across without being disrespectful and having fear of reprisal.

Response by SPC Richard Paloma made Jun 29 at 2016 4:13 PM

SPC Richard Paloma — Wed, 29 Jun 2016 16:13:41 -0400

"Sticks and stones....." Grow a pair

Response by SSG Mark Franzen made Jun 30 at 2016 12:06 AM

SSG Mark Franzen — Thu, 30 Jun 2016 00:06:47 -0400

I don't think that right I think you should be able to file a complaint and press charges.

Response by Shannan Fraser made Jul 3 at 2016 11:00 PM

Shannan Fraser — Sun, 03 Jul 2016 23:00:47 -0400

Unless it is a direct threat, most likely no. However, it does show a considerable lack of maturity and professionalism. While it may make you feel better to tell them off, keep in mind, there are only six degrees of separation between you and any other person on earth. That person that you just told off in such a glorious fashion, may be related to, or be friends with the person you are set to interview with for your next civilian job...

Response by LTC Private RallyPoint Member made Jun 10 at 2019 12:02 PM

LTC Private RallyPoint Member — Mon, 10 Jun 2019 12:02:07 -0400

persecuted yes, prosecuted no. unless the message makes some kind of threat or is in some way illegal. But simply sending someone an "F U" message after you get out is legal.

Response by SGT(P) Crystal Marie France made Jun 10 at 2019 5:54 PM

SGT(P) Crystal Marie France — Mon, 10 Jun 2019 17:54:04 -0400

Yes, if the Soldier themselves have been retired. Any Soldier who has retired (not seperated) is subject to UCMJ.