Is it overkill to seek UCMJ action against someone for a first-time offense?

SPC Private RallyPoint Member — Wed, 13 Jan 2021 11:43:57 -0500

I'm watching a fellow soldier who is yet to ever mess up at any point. He wasn't ready yet to being leadership but they went ahead and put them in leadership but I'm on a task by itself He wasn't ready to do on the aircraft and ended up messing up the part it was not intentional it was unintentional and another squad leader that was standing by along with another soldier standing there all counted four bolts. It wasn't until after the fact that it was realized one bolt was still in when the part came off broken. This is his first time messing up and they're already seeking UCMJ action against him for a first time offense.

Response by SFC Private RallyPoint Member made Jan 13 at 2021 11:56 AM

SFC Private RallyPoint Member — Wed, 13 Jan 2021 11:56:50 -0500

UCMJ is a command decision and usually based off leadership input. If his leaders felt UCMJ is warranted then that's their decision. Nobody here can second guess another leader based on a tiny snippet of info

Response by SFC Private RallyPoint Member made Jan 13 at 2021 3:21 PM

SFC Private RallyPoint Member — Wed, 13 Jan 2021 15:21:04 -0500

I really don't even know what really happened - but yes they can seek UCMJ. If something is serious enough, it doesn't matter how spotless the record is prior to that offense.

Response by Lt Col Jim Coe made Jan 13 at 2021 4:09 PM

Lt Col Jim Coe — Wed, 13 Jan 2021 16:09:11 -0500

I'm not quite understanding your narrative. I'm guessing an junior aircraft mechanic made an error installing a part. The error involved a bolt somewhere along the line. The part was damaged and probably had to be R&R'd causing the aircraft to be maintenance downed. This probably caused supervisors all up and down the chain of command to take some grief. As we all know stuff rolls downhill and your friend is at the bottom of that hill. He's covered in stuff and will shoulder the blame. Never mind that a Quality Assurance inspector should have caught the problem before the part was damaged.

Should your friend be punished under the UCMJ. That's really up to the commander. If I was the Maintenance Squadron Commander, I would make sure a complete investigation was accomplished. Based on the facts and findings I might choose to discipline your friend, his supervisors, and the Quality Assurance person. If a human error was made with no malice or intent to destroy Government property, then I would be inclined to ask the First Shirt for ideas on how to impress on the technician that following tech orders is critical to safety. Something short of non-judicial punishment or a Summary Court Martial.

Response by SSG Brian G. made Jan 13 at 2021 4:56 PM

SSG Brian G. — Wed, 13 Jan 2021 16:56:09 -0500

First time offense is no excuse. They are adults and went through AIT for their given job and passed it with some degree of proficiency. In AIT they are taught to very, check and recheck and never to simply assume, much like you never assume a weapon is unloaded until you verify it.

That inattention to detail caused a part to be broken. That is negligence and damaging government property and degrading mission readiness and capability. All very serious.

It's not about whether a given SM has never screwed up before, but about the screwup they did make and whether it was serious enough in that commanders eyes to warrant an Art 15.

Response by Cpl Vic Burk made Jan 13 at 2021 6:30 PM

Cpl Vic Burk — Wed, 13 Jan 2021 18:30:49 -0500

I don't know that we really have enough information to make a judgement on this. Did someone get hurt as a result of what happened? If so, well maybe UCMJ is in order for negligence. Things happen ever day that people didn't intend. And sometimes they end up in jail or prison over it. If it was some minor thing a reprimand would certainly be in order. However, if minor, I would say if they did seek action it may be more about making an example out of this person so others don't do the same. Without knowing more about it, my response is just my opinion for what it is worth.

Response by SGM Bill Frazer made Jan 13 at 2021 10:16 PM

SGM Bill Frazer — Wed, 13 Jan 2021 22:16:38 -0500

Read the UCMJ- there is nothing in there about 2nd offense, 2nd chance, etc. It is the Cdr's decision on how to administer it/correction action/punishment.