Posted on Apr 10, 2014
Should you be able to file an EO complaint for inappropriate comments on social media?
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I'm not necessarily for or against it but sometimes I read comments on some of the social media sites that just blow my mind. I understand that it's a little trivial but I believe that some Soldiers believe they can say or write in this case whatever they want because it's social media. What really brought me to this question is when the new changes came out to 670-1 and a lot of comments that I read were racist and some about the females were unbelievable, calling them names that would get you in big trouble if you said it directly to them or if someone heard you saying them down at your units. Social media is such a huge part of peoples lives and as Soldiers should that be the outlet to say what we can't say anywhere else. And since some Soldiers do should they be held accountable for it?
Posted >1 y ago
Responses: 5
SSG Foster, using social media must abide by the UCMJ at all times. That being said, Soldiers believing that they can post anything they feel like without some repercussions is not true. Soldiers must conduct themselves on or off duty, 24 hours a day, appropriately IAW with regulations, policies, directives etc. Do these comments violate EEO policies, yes they do. Violation of Army EO policies is punishable under UCMJ. Racial comments perpetuate discriminatory behaviors and practices that undermine teamwork, mutual respect, loyalty, and shared sacrifice of the men and women of America’s Army and not inline with the Army's values.
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No you should not, its a public forum and rank should not even have a real place in it. Its bad enough morons hide behind their rank in the military, it should not bleed over into civilian life...or social media sites, best answer is to stay off of them if your ego outweighs your comprehension and ability to think .
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Sure you can but you need to be able to identify them and be able to locate them in the Army. If they are active duty Soldiers then they are held accountable for their actions and words, on or offline. If those Soldiers are weekend warriors, UCMJ won't mean jack when they are not on orders as federal troops or when they are on drill status. On another not, think of yourself going to a comedy show and you recognize the comedian is a Soldier and he or she says some major racist and sexist things. Can you file a complain against the Soldier for the words he said on stage. Maybe this is different. One should expect some raw stuff when going to the comedy show.
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Soldiers using social media must abide by the Uniform Code of Military Justice at all times. Commenting, posting, or linking to material that violates the UCMJ or basic rules of Soldier conduct is prohibited.
Social media provides Soldiers the opportunity to talk about their interests and keep in touch with friends and family. However, Soldiers are subject to the Uniform Code of Military Justice even when off duty, so appropriate social media conduct is expected of all Soldiers. Talking negatively about supervisors or releasing sensitive information for example, is punishable under the UCMJ.
Article 89 – Disrespect toward superior commissioned officer - Any person subject to this chapter who behaves with disrespect toward his superior commissioned officer shall be punished as a court-martial may direct.
o Article 89 is one of the more applicable articles of the UCMJ in reference to
social media use. Some Soldiers believe that once they leave an Army formation or the company area, they are free to say whatever they please about their leadership. Some take to Facebook and other social media platforms to “vent.”
o While social media use is not specifically referenced in the UCMJ, posting disrespectful comments about leadership on your Facebook profile falls under
the category of disrespect toward superior commissioned officer and leaves you
subject to punishment under the UCMJ.
Article 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.
o The primary focus of Article 91 is the third point. The wording of the third bullet is similar to Article 89, but it includes warrant officers and noncommissioned officers.
Article 133 – Conduct unbecoming an officer and a gentleman - Any commissioned officer, cadet, or midshipman who is convicted of conduct unbecoming an officer and a gentleman shall be punished as a court-martial may direct.
o Article 133 is a catch-all article. Several instances of inappropriate social media
use can fall under this article.
o Posting obscene photos, linking to inappropriate material or conducting yourself on a social media platform in a manner that is unprofessional or generally offensive can lead to punishment under the UCMJ.
If there are other instances where the SMs behavior on Social Media crosses the line into EO/SHARP those instances must be dealt with. We are, not just supposed to be, but ARE, representatives of the Dept. of Defense (Army, Navy, etc.) at all times. On or off duty, 24/7.
Social media provides Soldiers the opportunity to talk about their interests and keep in touch with friends and family. However, Soldiers are subject to the Uniform Code of Military Justice even when off duty, so appropriate social media conduct is expected of all Soldiers. Talking negatively about supervisors or releasing sensitive information for example, is punishable under the UCMJ.
Article 89 – Disrespect toward superior commissioned officer - Any person subject to this chapter who behaves with disrespect toward his superior commissioned officer shall be punished as a court-martial may direct.
o Article 89 is one of the more applicable articles of the UCMJ in reference to
social media use. Some Soldiers believe that once they leave an Army formation or the company area, they are free to say whatever they please about their leadership. Some take to Facebook and other social media platforms to “vent.”
o While social media use is not specifically referenced in the UCMJ, posting disrespectful comments about leadership on your Facebook profile falls under
the category of disrespect toward superior commissioned officer and leaves you
subject to punishment under the UCMJ.
Article 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.
o The primary focus of Article 91 is the third point. The wording of the third bullet is similar to Article 89, but it includes warrant officers and noncommissioned officers.
Article 133 – Conduct unbecoming an officer and a gentleman - Any commissioned officer, cadet, or midshipman who is convicted of conduct unbecoming an officer and a gentleman shall be punished as a court-martial may direct.
o Article 133 is a catch-all article. Several instances of inappropriate social media
use can fall under this article.
o Posting obscene photos, linking to inappropriate material or conducting yourself on a social media platform in a manner that is unprofessional or generally offensive can lead to punishment under the UCMJ.
If there are other instances where the SMs behavior on Social Media crosses the line into EO/SHARP those instances must be dealt with. We are, not just supposed to be, but ARE, representatives of the Dept. of Defense (Army, Navy, etc.) at all times. On or off duty, 24/7.
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MSG Mitch Dowler
Interesting opinion on how you believe the UCMJ applies to the private lives of soldiers. Problems can arise when a leader feels disrespected by criticism of their decisions, policies or leadership style. When is a photo obscene? Simple nudity is not obscene. Is it a certain pose? What if the picture posted has nothing to do with the soldier's military service? What if his hobby is nude art photography and he has full permission to post the photos? What if they are very erotic but not obscene? While I was still on active sexual harassment complaints could be filed on mere personal perception completely separate and apart from realty. I believe that NOC's and officers should avoid interacting with subordinates on social media and inadvertent contact or discovery of postings should ignored and further contact severed unless something is found that endangers national security instead of just offending or hurting someone's feelings.
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Should you slander a SM or attempt to destroy someone's reputation/character by spreading rumors, pics, etc. or harassed someone on line, you should be subject to UCMJ for whichever type of harassment or crime you have commited.
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SGT Michael Glenn
I have seen several jackass's try to throw their rank on here to not only me but others as well, its ridiculous and these people have serious issues IMO, its a public site and its supposed to be a free country. Isnt it????
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