Posted on Dec 12, 2013
Tough question. When a Commander goes down for inappropriate conduct, should all of their UCMJ action be reviewed?
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For example, our last Post Commander at Ft. Jackson was recently busted and relieved for an inappropriate relationship and other things. He was also known for his zero tolerance policy for the exact same thing. He actually made a speech about it the day before he was busted.<div>Can you say that his punishments were fair and impartial or even just? I am sure that some people were guilty, but this eliminates a Commanders credibility and integrity.</div><div>Should these people punished under him be retried so to speak?</div>
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UCMJ
UCMJ
Posted 12 y ago
Responses: 17
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Isn't that what they do with Police Officers and Judges? I
don't think a review should be out of the question, since some of his or her
decisions on punishments directed toward subordinates may have been out of
retribution for some sort of whistle blowing. There would have to be a
determination made on whether or not the punishments issued were during the
time of alleged misconduct. I think it would be a good idea. When a Soldier
messes up, isn't it the first line supervisor (an NCO) who gets the scrutiny
and fingers pointed at them? So why would
a commander's decisions at the time of the misconduct not be reviewed?
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CPT (Join to see)
I think they should be reviewed. What would need to be clarified though is a specified timeframe to review back, and maybe even if there is a precedence of action. Say the Commander is the convening authority over a case about drugs, but he is going down for adultery and has no prior issues of misconduct, then there may be no need to review. But if they have convened over multiple cases on drugs and has a no tolerance policy, etc, and has recently been popped hot, then review may be called for. Honestly I think it's a judgement call. Some Commander's may judge everything fairly, make a mistake of judgement, maybe even take responsibility for said mistake, while others may just convene how they see fit at the moment and not stick to their own policies.
The only issue with reviewing one, is you have to review them all. Make an SOP and either review all the Commanders being with offenses (maybe depending on level of severity), or don't review them. Can't be in between.
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I would say no, there is a formal complaint mechanism already in place ART 138 (only have 90 days to submit) Beyond that you would need to use the appeals process and argue your case in court. Assuming your talking about Roberts did he make himself convening authority over certain offenses?
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SSG Kevin McCulley
I think there is a tendency in the UCMJ for officers reviewing cases to rely on the decisions already made by others. Commanders recommend cases to an Art 32 hearing, "Let them decide." Then the Art 32 folks, "Well, there commander sent them here for a reason.."
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The problem and argument then is.... Do you have to take away the rank from all those that were promoted under his hand?? What about all the awards handed out with his signature? What about all the evaluations (good or bad) that he had part in? Do we go back in history and scratch all that because his "credibility and integrity were eliminated"?
In no way do I support what he may have done, but things at that level are filled with red tape and Bureaucracy to the point of no return. What if all UCMJ was redacted and some of those Soldiers were found guilty of more than they were charged with initially or heavier punishments were handed out??
In no way do I support what he may have done, but things at that level are filled with red tape and Bureaucracy to the point of no return. What if all UCMJ was redacted and some of those Soldiers were found guilty of more than they were charged with initially or heavier punishments were handed out??
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For the sake of punishment, anyone who feels I need to get points taken off, give me a thumbs down here or you can thumbs down me in all my comments I posted here, But I have to help SSG Burns rank up in points so he can get a good rating.
Let the punishment start......
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It would depend on what he/she may have affected with their decisions in reference to life altering, if not then I agree with the Major on the regular timeline appeals process.
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Another example is the last hospital Commander at Evans Army Community Hospital at Fort Carson. He was escorted out by law enforcement after over 30 complaints surfaced. Someone with that many problems I don't believe can be trusted in making decisions that affect peoples lives and careers.
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This is where watching all those episodes of Law & Order should pay off. What would Jack McCoy do (WWJMD?) I'd review at least a few of the similiar cases he passed judgement on, but I have no idea if that is even an option in the JAG world. WWJMD?
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on another note, the whole Roberts thing actually happened not too long after I was at BCT at Ft. Jackson and had actually met him (he and my father used to work together) and received a challenge coin from him. Was totally shocked when I heard not too much later he had been relieved.
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Should have points deducted for badge hunting, without giving a somewhat legit answer (lol).
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SSG Laureano Pabon
It should but their is a 30 point for every hand down, unfortunately my laptop mouse lost control so it posted with out intention. I actually didn't know about the badge until I was informed by these gentlemen here. Sir.
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Team!
I'm going to say negative. Punishments/Actions should stand.
Let me explain... While it's been a few years... like 11... since my last time with the CO and UCMJ action... I'm still familiar with the process. We need to consider/remember that a lawyer from the SJA reviews all actions. This is a thorough process and usually fairly straight forward.
We also need to consider that if I, was found guilty of "X" and sentence passed, the CG in this case was a reviewer (I can't remember the actual title anymore) and he/she has a set course of actions he/she may take. Just because they are not of good moral character (neither was I in this case) the judgement/finding on my case should not be altered due "the authority" being morally deficit also.
Example: I go out and get a DUI... I get a Field Grade.... the Battalion Commander gets a DUI... he gets a RFC and a GOMA... and possibly a Field Grade (just for argument and example). He getting a DUI in no way affects him giving me an ART 15 for my DUI.
Hope that made a little sense.
my 2 cents
I'm going to say negative. Punishments/Actions should stand.
Let me explain... While it's been a few years... like 11... since my last time with the CO and UCMJ action... I'm still familiar with the process. We need to consider/remember that a lawyer from the SJA reviews all actions. This is a thorough process and usually fairly straight forward.
We also need to consider that if I, was found guilty of "X" and sentence passed, the CG in this case was a reviewer (I can't remember the actual title anymore) and he/she has a set course of actions he/she may take. Just because they are not of good moral character (neither was I in this case) the judgement/finding on my case should not be altered due "the authority" being morally deficit also.
Example: I go out and get a DUI... I get a Field Grade.... the Battalion Commander gets a DUI... he gets a RFC and a GOMA... and possibly a Field Grade (just for argument and example). He getting a DUI in no way affects him giving me an ART 15 for my DUI.
Hope that made a little sense.
my 2 cents
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