Posted on Oct 1, 2015
Soldiers who use the "Race Card" to escape punishment. What to do?
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I have a soldier who after numerous screw-ups on his part was getting recommended for an Article 15. The next day I was pulled aside by my leadership saying that there was rumblings that I was being racially prejudiced towards the soldier so they were dropping the Recommendation to prevent an EO investigation. I knew immediately this was an excuse and not the truth, and said as much, but was told basically that discretion was the better part of valor. Fast forward 2 months and the soldier continues to mess-up, failure to report numerous times, failure to notify of missing TA-50, Lying to an NCO. At this stage on the advice of my leadership I recommended for Bar To Re-Enlistment. Lo and behold, there is a rumor the next day that I am being racist towards this soldier. The result being he was taken from my squad and I gained someone else. So twice he escaped the punishment, yet there was never a complaint to any EO rep in the Brigade or any investigation. What advice can anyone impart to me here?
Racism
UCMJ
Edited 9 y ago
Posted 9 y ago
Responses: 15
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Document everything. Welcome an EO investigation everytime. Shows you have nothing to hide. Make your chain of command and EO do their job. If not the bad Soldiers keep being in (regardless of race, gender, etc. they need to go if they cannot be corrected).
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CDR Terry Boles
CPT Brian Maurelli
SGT Jason Lee
On target, document, counsel and document, and keep documenting, and as CPT Maurelli said make EO and chain-of-command do their job. This works.
SGT Jason Lee
On target, document, counsel and document, and keep documenting, and as CPT Maurelli said make EO and chain-of-command do their job. This works.
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I have run into this before. It is much easier if you have had one of the Soldiers who are the same race as you who have done the same thing that the Soldier in question did. If the 4856 are given at the same rates and wording is essentially the same it is very easy to counter that. I had one of my Caucasian troops be late a couple of times to formation. IAW my initial counseling, I verbally talked to the Soldier on the first offense, the 2nd I put it on paper, and the 3rd I counseled and implemented corrective training. On the 4th time I recommended UCMJ action. A few months later another Soldier I got in who was not in the same racial demographic as myself was late 4 times for formation. My process and documentation was virtually identical for both counseling packets. However that time, the Soldier was making claims that I was racially discriminating against against him. My PSG let me know what was being said and that I was having to go speak with the 1SG. I took the counseling packet from both Soldiers with me. So when I showed the 1SG that the process I used was identical in both cases that ended the matter right there. Soldier still got the Article 15 and I didn't have to deal with an EO investigation.
In your situation I wouldn't really worry about it at this point because it is no longer your problem. In the future make sure you document document document. Ensure that the process you use for disciplining them is identical because if not, you open yourself up for these types of allegations. A strong initial counseling helps too, the one I used back then was 15 pages and very detailed. That way there was no confusion about what was expected nor would there be any confusion on discipline issues.
In your situation I wouldn't really worry about it at this point because it is no longer your problem. In the future make sure you document document document. Ensure that the process you use for disciplining them is identical because if not, you open yourself up for these types of allegations. A strong initial counseling helps too, the one I used back then was 15 pages and very detailed. That way there was no confusion about what was expected nor would there be any confusion on discipline issues.
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UNFORTUNATELY THAT IS THE WORLD WE LIVE IN WHERE PC TRUMPS COMMON SENSE KEEP YOUR RECORDS TO PROTECT YOURSELF
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