Posted on Apr 9, 2015
Military Justice; Is it Fair or is this a case of Rankism?
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Similar offenses conducted by both a commissioned officer and a senior NCO with a very different outcome in punishment.
Do you think these incidents were handled equally?
Is this a case of Rankism?
http://guardianofvalor.com/csm-perry-t-mcneill-found-guilty-of-stolen-valor-sentenced-to-reduction-in-rank-and-pay-forfeiture/
Do you think these incidents were handled equally?
Is this a case of Rankism?
http://guardianofvalor.com/csm-perry-t-mcneill-found-guilty-of-stolen-valor-sentenced-to-reduction-in-rank-and-pay-forfeiture/
Leadership
Character
Stolen Valor
Edited 9 y ago
Posted 9 y ago
Responses: 23
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For what it's worth, I think they both should've been hung out to dry. I've never agreed with the preference senior ranks receive when it comes to issues like this. If anything the punishment should be more severe. When Gen. Chesty Puller had a negligent discharge he fined himself $100, 5 times the $20 fine an enlisted man would have paid. That is the mentality our leadership needs to have.
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CSM (Join to see)
MAJ (Join to see)
I agree 100%. This isn't the first incident and surely not the last. I have been privy to many incidents involving LTs and CPTs that have been swept under the rug, so to speak, when a similar infraction costs an enlisted Soldier their career.
I agree 100%. This isn't the first incident and surely not the last. I have been privy to many incidents involving LTs and CPTs that have been swept under the rug, so to speak, when a similar infraction costs an enlisted Soldier their career.
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CSM, I don't think it's as simple as it appears. The CSM who committed the offense was almost certainly tried under a Summary Court-Martial. A SCM is only available to use against enlisted persons and serves as a glorified article 15. It allows a reduction in rank in cases such as this where an Art. 15 can't under the promotion authority requirement. The forfeitures are also consistent with a SCM. Also note an SCM doesn't appear as a federal felony conviction.
In the case of the officer, he can't go to SCM. He receives an Art. 15 or goes to a special court martial. A SPCM does appear as a federal conviction. Consequently, it's likely that the command (rightfully in my mind) thought a SPCM was too much. Therefore it was handled as an Art. 15. Therefore, as an Officer, his rank is untouchable under the promotion authority requirement. What bothers me is that under an Art. 15 his pay still should have been at play. However, this isn't unreasonable as a punishment. It's within the commander's discretion.
Interestingly this discretion is what pisses of sex assault victims, but is simultaneously one of the good things of military justice. The commander can temper the blade of Justice with compassion to make a punishment truly fair.
In the case of the officer, he can't go to SCM. He receives an Art. 15 or goes to a special court martial. A SPCM does appear as a federal conviction. Consequently, it's likely that the command (rightfully in my mind) thought a SPCM was too much. Therefore it was handled as an Art. 15. Therefore, as an Officer, his rank is untouchable under the promotion authority requirement. What bothers me is that under an Art. 15 his pay still should have been at play. However, this isn't unreasonable as a punishment. It's within the commander's discretion.
Interestingly this discretion is what pisses of sex assault victims, but is simultaneously one of the good things of military justice. The commander can temper the blade of Justice with compassion to make a punishment truly fair.
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SSG (Join to see)
CSM Oldsen, I appreciate the vote of confidence,but I fear I'd lose my soul. Funny you should suggest it... My wife asked if I planned to when I was a month out from graduating law school.
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MAJ (Join to see)
SSG (Join to see), well, you could always run for Congress, get elected and serve; but leave your soul with CSM (Join to see) for safe -keeping. He can seal it away securely in the vault where he keeps all of the others he's collected. I'm sure the CSM would be willing to allow you to sign for it and reclaim it once you are done serving!
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Of course there is some rankism, but who can reduce, what a person can be reduced to etc. are all set by regulations and the manual for court martials. I would personally prefer consistency, but I wish in these cases, their benefits are affected so they can feel this failure well down the road, not monetarily, but so that they cant benefit from revisionist history later. Isn't this what David Hackworth did, stay away until his crimes were forgotten and then came back to be championed as a "Soldier's soldier", but his record says he was clearly morally corrupt.
In general though, the rankism rant is a slippery slope which maintains the officer-enlisted divide. I know that's not the intent of the question, but a concern nonetheless,
In general though, the rankism rant is a slippery slope which maintains the officer-enlisted divide. I know that's not the intent of the question, but a concern nonetheless,
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CSM (Join to see)
Sir - I knew you were going to say something to that effect and that's why I tagged you. I love the Hackworth analogy, you are dead on. I definitely did not intend to make the officer-enlisted divide any wider than it is already perceived but as a higher ranking NCO I have seen some officers protected from things that would immediately end an enlisted Soldiers career. I have seen the same for senior NCOs but those are usually much harder to keep quiet.
Great analysis as usual!
Great analysis as usual!
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Sgt Aaron Kennedy, MS
Sir,
Echoed my initial thoughts. Basically "what does the UCMJ allow?" Which is greatly affected by rank.
Echoed my initial thoughts. Basically "what does the UCMJ allow?" Which is greatly affected by rank.
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