Posted on Aug 9, 2014
Should an EO complaint hold up a separate Article 15?
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I just recently ran into a situation that has me scratching my head. I have a Soldier who failed to follow orders in a timely manner on two separate occasions during our last field problem. I handled the issue in the field and started writing up the counseling with recommendations as soon as we came off the gunline. The day before I finished the counseling and recommendations, the Soldier filed an EO complaint against another Soldier in the BN. I came to my commander with my recommendation for an Article 15 and was told that it would look like reprisal if we went forward with an Article 15 while there was an active EO investigation. In my mind, I see these as two completely separate incidents that wouldn't look suspicious, but my commander is the one with UCMJ authority.
Posted in these groups: 
Discipline
Soldier
Discipline Soldier
Posted >1 y ago
Responses: 12
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CPT Michael Wilke While I cannot argue with your logic that these are two totally separate issues, your commander is in my mine taking the correct approach. Understand, it pains me to say this all the way down to my big toe. However, things are just different these days than they were in the Military I came up in. Everything is different now, and your commander has more experience in dealing with these issues. The reality is that unfortunately this Soldier has shown a pattern with his/her actions. Most likely you will be given another opportunity to deal with this one. Hopefully this will not be the case and they will fly straight from here on out realizing they dodged a bullet. But this is yet another thing that has changed. These days folks see this as getting over, and will just assume this is how it will be. You have already done your part for the time being, don't dwell on what you cannot change. Concentrate instead on being the best leader you can be to all your Soldiers.
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1SG (Join to see)
No, Private. Not his snitch, the Soldier's First Line Leader. The person most directly responsible for this Soldiers welfare. The person whose primary responsibilities are accomplishment of the mission and the welfare of his Soldiers (NCO Creed, for the uninitiated). Both are clearly jeopardized by both the EO issue and the aforementioned delay in executing the Lieutenant's orders.
I hope that someday you get to WLC where some of our best NCOs can explain to you that discipline is more than meting out punishment (see my earlier post for clarification), but rather an opportunity to improve. UCMJ is the last resort in my experience, unless the infraction is grievous enough to warrant immediate action.
I hope that someday you get to WLC where some of our best NCOs can explain to you that discipline is more than meting out punishment (see my earlier post for clarification), but rather an opportunity to improve. UCMJ is the last resort in my experience, unless the infraction is grievous enough to warrant immediate action.
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SFC Christopher Perry
1SG (Join to see) Thank you very much for jumping in with a little clarification for PV2 De Simone. I have been a bit distracted as my wife had surgery today and I'd managed to miss that one. As you have covered that one completely, I shall simply vote you up. Other than to say that if someone has nothing of value to add to a conversation they may want to entertain keeping it to themselves!
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SFC Christopher Perry
1SG (Join to see) Thank you very much! Surprisingly, she is doing quite well so far. Unlike me she is not accident prone and has never even broken a bone, so this is all new territory for both of us.
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that depends, since most 2and Lt's are a very nasty bunch and like spoiled children who did"nt get their toy you would have to explain later here what was his failure? and you said 2X? isnt it really your anger that the soldier is smart enough to recognize a bully of which every 2Lt and even what we called also, butter bars? between you guys and the rear ens kissing NCO"s of which you guys make them your GO-Fers I highly suspect you want retaliation and this time after the EEO which is a failure and a complete joke you will get your tantrum written up. Louie Grow Up and leave the REAL SOLDIERS ALONE!!!! Cause some day in battle we will just pull back and give you what you deserve.
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1LT (Join to see)
this doesn't really deserve a comment, but I guess I'll fall for it. I assume this is just internet trolling spilling over into what is supposed to be a professional website. You do realize that nobody is going to listen to a PV2 that cannot write, let alone has somehow formed an opinion on all lieutenants and "rear-end kissing NCOs." I've been a PV2, SSG, and a 2LT and I know for certain we are not all bullies or butt-kissers. Of course, I've also heard a thousand sob-stories of Soldiers unfairly treated by their chain of command or NCOs. Every time I heard something like "My 1SG was out to get me," it came from a person who really was a d-bag.
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PV2 Louise De Simone
Not so, since you cannot describe what your opinion is a d- bag, and what you would consider a d- bag, the truth is like what the movie says "you can"t handle the truth!" I highly doubt you were ever a Private since most officers have a college degree or kissing up to a politician or WASH-DC. But like you said you fell for it. It's been over 35 years, and you guys havent changed a bit, still the same entitled bunch of crybabies, who never did any hard work at all. typical.
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