Should a service member be punished under UCMJ for posting something on social media when it doesn't reflect negatively on the military?

2016-07-25T03:35:19-04:00

As an NCO I do my best to look out for soldiers, a soldier in my platoon is being threatened with an article 15 for a picture that was posted basically saying how he loved his job and that being a MP or a cop in general was his true calling. In which he meant. He is a outstanding soldier and I would hate to see him be punished for doing no wrong. With this the soldier isn't being informed by his first line on being recommended another soldier informed him. Is this soldier in the wrong ?

Response by SFC Private RallyPoint Member made Jul 25 at 2016 3:53 AM

2016-07-25T03:53:07-04:00

Yes, he can be punished. However, the photo has to bring discredit to anything military related or anything that puts the military in a bad light and/or military leadership. Or, if it has any OPSEC violations. If those situations are not presented by the photo, then it is a hard push for someone to get punished for a photo on social media.

"Commenting, posting or linking to material that violates the UCMJ or basic rules of Soldier conduct is prohibited," according to a representative from the Office of the Chief of Public Affairs.

Additionally, you and your Soldier should self educate in Articles 88, 89, 91, 133 and 134. Social Media presence that determines violations can be found in these Articles as they apply to everything we do.

If you think that it is a harmless post and without a doubt, an unbiased, third-party person would look at that photo and say the same thing, take your concerns to the Chain of Command. If it is the same Chain of Command, then take it to the next Command Team in line. I.e.. if you are at company level go to battalion, battalion to brigade, and so on...

Some good Soldiers make dumb mistakes. A lot of times, that is how good Soldiers become great Soldiers.

Good Luck!

Response by Capt Private RallyPoint Member made Jul 25 at 2016 4:05 AM

2016-07-25T04:05:48-04:00

I have got to ask, what is going on with his picture? Is it a meme that pushes or exceeds the limits of acceptable behavior of someone in the Army? Was there an OPSEC or security violation associated with the picture?

If it was a meme that said "this is my calling to serve as an MP" and it's a picture of a rioter getting beaten with a baton, the post would be in bad taste. If it's an official photo like what you and I have on our profile pictures with the same statement, I would need someone to sit me down and walk through the rationale of how this is unacceptable behavior and subject to NJP.

Response by SSG Private RallyPoint Member made Jul 25 at 2016 4:15 AM

2016-07-25T04:15:21-04:00

A good rule of thumb... Do not post anything on a social website that you wouldn't say to your Commander or First Sergeant.

Response by 1SG Dennis Hicks made Jul 25 at 2016 7:37 AM

2016-07-25T07:37:02-04:00

This is reality today.

Response by SGT David T. made Jul 25 at 2016 8:24 AM

2016-07-25T08:24:12-04:00

Situations like this (assuming post was benign) is what cause good Soldiers to get out of the Army. Based on the limited information, this looks a lot like his supervisor trying to flex their muscles. I never understood why some NCOs feel the need to act like this. I never used UCMJ as a first resort unless it was something like drugs where I had no choice in the matter. A simple talking to, or even a counseling would be more appropriate if there was actual reasons for concern. If it was me, I would remove the post immediately, keep my mouth shut, and gamble that the NCO didn't bother getting a screen capture. That of course is just me. I have had my share of UCMJ threats over the years lol.

Response by SSG Trust Palmer made Jul 25 at 2016 8:56 AM

2016-07-25T08:56:49-04:00

What would you suggest for something posted like this?

Response by SSgt W. Aaron Gregory made Jul 25 at 2016 9:12 AM

2016-07-25T09:12:56-04:00

I've been out for a while. If the command at any level forbids it at all... Yes. If they do not, what was posted. If it runs contrary to good order and discipline, yes. Violation of OPSEC or any other SEC? Darned right. Basic pride in his job or the Army? Commendation medal.

Response by 1SG Dennis Hicks made Jul 25 at 2016 9:30 AM

2016-07-25T09:30:38-04:00

Just to state the obvious, SOCIAL MEDIA is and will continue to be the destroyer of Careers and Marriages until the next newest and greatest thing comes along. Where else can you post evidence for the prosecution and seal your fate in one simple upload?

Response by 2LT Private RallyPoint Member made Jul 25 at 2016 10:48 AM

2016-07-25T10:48:51-04:00

Teach your soldiers to start with the phrase "Speaking as an individual and not as a representative of the military..." Then make sure they don't discuss or post a pic that is forbidden.

Response by SSG Roger Ayscue made Jul 25 at 2016 12:00 PM

2016-07-25T12:00:48-04:00

I would bet money or a four day weekend in Stuttgart, that the Soldier in question posted a Pro-Police message in a thread or discussion involving Black Lives Matter.
Sounds to me like the Chain of Command running scared, but I am old and retired, and don't have to be politically correct or stroke the egos of Special Interest Crybabies any more.

Response by SFC David McMahon made Jul 25 at 2016 1:30 PM

2016-07-25T13:30:30-04:00

DOD has already published guidelines for social media (I believe it's nearly 10 years old already). I would refer to that for clarification. Any questions between what you've read versus what has been posted (or what can be posted) should be referred to JAG.

Response by MSgt Private RallyPoint Member made Jul 25 at 2016 2:07 PM

2016-07-25T14:07:22-04:00

I say give me the article 15!!! What are NCOs doing to these soldiers?

Response by 1SG Private RallyPoint Member made Jul 25 at 2016 4:20 PM

2016-07-25T16:20:17-04:00

If the photo is truly neutral, there should be no issue. Since someone has decided to call the Soldier on the carpet, there must be some sort of violation of Social Media Policy that he perhaps did not intend.
Was there any clarification made by the CoC? If something like this happened in my unit, there'd be an additional training session coming about what was wrong with it to prevent future occurances.

Response by COL Jon Thompson made Jul 25 at 2016 5:44 PM

2016-07-25T17:44:22-04:00

Without seeing what he posted it is hard to answer this question. I really can't imagine a commander taking action against a Soldier unless there was truly some offensive or violated OPSEC. Usually this would be a counseling session not Art. 15.

Response by CPL(P) Private RallyPoint Member made Jul 25 at 2016 6:18 PM

2016-07-25T18:18:18-04:00

A poor reflection of yourself is not a poor reflection of your service. Until you are poorly representing the service with a poor image of yourself.

Response by SrA Matthew Knight made Jul 25 at 2016 6:25 PM

2016-07-25T18:25:56-04:00

In the Air Force we have a group called the Area Defense Council (ADC). They are an airman's best friend any time any type of punishment is being levied against the airman. They are good at getting things dropped down to lesser paper work or flat out dropped with no punishment.

I don't know if you have an ADC Army side but I would assume you would have something and this would be a situation where I would recommend going to them. It is absolutely absurd that anyone would be pushing for any type of punishment, let alone an Art15 for someone displaying pride in their job and uniform. This is something that everyone in his chain of command from his supervisor on up to commander should laugh at as they run the paperwork through the shredder. Tell him to seek out the ADC (or whatever legal office you have). They should be able to help.

Response by SGT Private RallyPoint Member made Jul 25 at 2016 10:55 PM

2016-07-25T22:55:06-04:00

If it violates comsec, Yes.
If it disgraces the Service, Yes!
If it was full on hate speech, Yes!
This Yes list can get long, so I will leave it here.

Now for the No's
If it was to congratulate someone - No!
If it was an ordinary photo with no Service ties - No!
Again this No list can get long.

Yes Service members need to beware of who is watching, and what they are doing while in uniform. Maybe this Soldier wants to be a Police Officer on the Civilian side when he gets out, unless he is in a Reserve Unit. Then maybe become one soon for his Civilian employment. For Reserve Soldiers, one thing most Civilian employers want is for their employee to to be happy at doing their duty / job or be calm while doing it. For those who enjoy the MOS, Duty, and their Jobs, they would show it. Like what this Soldier just did. So with the photo and the text, no this photo is virtually harmless.

Now if he text said something else like "Busted another Drunk Driver" then it would violate it because it could show that the Services still have drunk driving problems. To add, it doesn't matter if it is a Service Member or a DOD Civilian because it still would show a problem. Yet since he didn't post the infraction, it just shows one being pulled over.

Now here is the kicker, is the actual photo on his social media account that low resolution (blur) and have a censored "black box". If it is, then he took appropriate steps in censoring the image. Right now with the current photo provide I can't make out who it is, let alone the LP (License Plate) of the vehicle. I am going more toward the LP because of PII. If it was clearly readable or be readable if enhanced. Then that drivers PII was leaked on the net without their consent. Basing it on that, I would either give him a written counseling to be more careful about posting pull overs, with a part kudo's on bluring and censoring the image only if the LP can't be read. To a negative counseling or recommending an Article 15 for violating PII if the LP could be read. Of course (if he was my Soldier) I would speak to my COC on this and follow their recommendations.

Response by SGT Matthew Schenkenfelder made Jul 26 at 2016 7:40 AM

2016-07-26T07:40:26-04:00

Sounds like toxic leadership. If I were you I'd guide him in a direction to diffuse any intimidation by utilizing your unit's open door policies(if they exist) or even IG(only if it comes to it). It sounds like intimidation in a hostile work environment. It has to be stopped before it starts affecting work performance, morale, and eventually unit cohesion.

Response by CPO Private RallyPoint Member made Jul 26 at 2016 1:17 PM

2016-07-26T13:17:39-04:00

I post lots of things as an American citizen its called freedom of speech. I do not post photos of me in uniform, i do not ever reference my military career in my posts. I also make sure if it is a border line post that i state its "my personal opinion " PC culture is going to kill us all. That being said if this was a post that was pro military pro cop and was found offence id be questioning the leadership on what political standards they support. As anything pro mil or pro cop should never be found offensive.

Response by SFC Private RallyPoint Member made Jul 26 at 2016 11:20 PM

2016-07-26T23:20:17-04:00

Without seeing the Soldier's post, it's hard to say. If it is just a harmless post, he'll be fine. However, if the post sheds negative light, represents the Soldier's opinion as Army fact, appears to speak on behalf of the military, compromises security, etc. he/ she can be punished.

Response by SFC Private RallyPoint Member made Jul 27 at 2016 7:52 AM

2016-07-27T07:52:09-04:00

Sounds like internal leadership problems. Your COC may hate their job and decide to take it out others. Their are people in your food chain that deal with these issues.... like a CSM.

Response by SFC Private RallyPoint Member made Jul 27 at 2016 9:03 AM

2016-07-27T09:03:41-04:00

Based off the info you gave No he should not be punished. But I would caution everyone to not put any political, sharp, eo, army views out for all to see. As members of the military you have unofficially given up your right to free speach. As such you can be hit with UCMJ for what you post.

Response by Maj Private RallyPoint Member made Jul 28 at 2016 12:58 AM

2016-07-28T00:58:29-04:00

1) If your soldier is suspected of violating an article of the UCMJ the command will direct an investigation and an investigating officer will inform the soldier if he is alleged to have violated the UCMJ.
2) At the time of the notification the soldier has the right to seek counsel who will be best able to advise the soldier on his legal options.
3) All other comments bear little relevance to the specific circumstances the soldier faces.
4) Since none of the commenters know the
specifics of the case all they can do is speculate, which provides very little if any useful information.
5) Since we are on the topic of social media, I don't think it is appropriate for you to question the command's decision, especially since you don't seem to know all of the pertinent facts regarding the case.

Response by Capt Christopher Bennett made Jul 28 at 2016 7:22 PM

2016-07-28T19:22:36-04:00

You're leaving a lot of information out. When you can clearly articulate the true issue, post it again.

Response by SSgt Private RallyPoint Member made Aug 2 at 2016 9:14 PM

2016-08-02T21:14:24-04:00

Use common sense. We are held to a higher standard. You have to be an idiot to post crap on social media. Some one will always be watching. Especially if yhey dont like you.

Response by SGT Aaron Atwood made Jun 8 at 2017 7:55 PM

2017-06-08T19:55:51-04:00

If there's no negative reflection then absolutely not.

Response by SFC Private RallyPoint Member made Feb 19 at 2019 4:43 PM

2019-02-19T16:43:27-05:00

Okay, on that note, I recently saw a meme that a Reserve SGT posted today. This was from a FB page that supports Antifa. She's a good NCO overall, but what can go wrong here?

Response by SFC Private RallyPoint Member made May 1 at 2020 4:12 PM

2020-05-01T16:12:15-04:00

What are the details behind the picture? Is there something OPSEC related? What article under UCMJ is he being accused of? Was an investigation done? It’s very dependent on the Commanders perception of the incident.

Response by SGT Dan Theman made Nov 2 at 2020 3:49 PM

2020-11-02T15:49:19-05:00

Depends...