Posted on Dec 27, 2019
What action should I take if I know of online sexual misconduct by an NCO?
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A fellow specialist informed me of my former team leader’s Instagram page wherein she posts provocative photos, as well as a premium Snapchat with explicit sexual content including photos and videos in exchange for money on there and her Only Fans page, some of these including her husband, who is also in the army and an NCO, and she also has a reddit page and a “Chaturbate”. She’s not in uniform or mentioning that she’s in the Army. I have proof of what she is doing. I know what she’s doing is wrong, but I don’t know what article she’s breaking, what legal action to take, if any. What can I do??
Posted in these groups: 
JAG
JAG
Posted 6 y ago
Responses: 10
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If i were in your shoes, i wouldnt touch this with a 10 ft pole. i would let my COC know about it, and let them handle it however they see fit. This is a chain of command issue to deal with, not yours. If you take this to IG, the first thing they will do is ask your chain of command if they are aware anyway. Your not an investigator and your involvement should end once you have notified the COC.
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"I know what she’s doing is wrong, but I don’t know what article she’s breaking, what legal action to take, if any."
This right here, you know its wrong, but not sure if anything is legally wrong.
Right off the bat I feel like you have something out for said NCO and trying to cause problems. If said NCO were painting paintings for extra money would you say something?
Sure you may think it is "morally" wrong, but this seems like a serious case of mind your own business and blue falcon. (could be wrong, but does this effect you at all?)
P.S. ("having proof" when she charges for items and has not given permission could get you in a sticky situation as well....)
This right here, you know its wrong, but not sure if anything is legally wrong.
Right off the bat I feel like you have something out for said NCO and trying to cause problems. If said NCO were painting paintings for extra money would you say something?
Sure you may think it is "morally" wrong, but this seems like a serious case of mind your own business and blue falcon. (could be wrong, but does this effect you at all?)
P.S. ("having proof" when she charges for items and has not given permission could get you in a sticky situation as well....)
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This is the rule:
The U.S. Army is a values-based organization where everyone is expected to treat all persons as they should be treated – with dignity and respect, as outlined in AR 600-20. The U.S. Army defines online conduct as the use of electronic communications in an official or personal capacity in a manner that is consistent with Army values and standards of conduct.
It is important that all Soldiers know that when they are logged on to a social media platform, they still represent the U.S. Army. Soldiers using social media must abide by the UCMJ at all times, even when off duty. Commenting, posting and linking to material that violates the UCMJ or basic rules of Soldier’s conduct are prohibited, along with talking negatively about supervisors or releasing sensitive information.
Online misconduct is a term that describes unacceptable or improper behavior through the use of technology. According to ALARACT 058 2018, it is "the use of electronic communication to inflict harm. Examples include, but are not limited to: harassment, bullying, hazing, stalking, discrimination, retaliation, or any other types of misconduct that undermine dignity and respect."
This is your responsibility if her conduct violates the "rule".
Members of the U.S. Army community should report incidents through their chain of command or family support services for resolution. Additional avenues for reporting and information include the Equal Opportunity for military and civilians, SHARP, the Inspector General and law Enforcement offices.
The U.S. Army is a values-based organization where everyone is expected to treat all persons as they should be treated – with dignity and respect, as outlined in AR 600-20. The U.S. Army defines online conduct as the use of electronic communications in an official or personal capacity in a manner that is consistent with Army values and standards of conduct.
It is important that all Soldiers know that when they are logged on to a social media platform, they still represent the U.S. Army. Soldiers using social media must abide by the UCMJ at all times, even when off duty. Commenting, posting and linking to material that violates the UCMJ or basic rules of Soldier’s conduct are prohibited, along with talking negatively about supervisors or releasing sensitive information.
Online misconduct is a term that describes unacceptable or improper behavior through the use of technology. According to ALARACT 058 2018, it is "the use of electronic communication to inflict harm. Examples include, but are not limited to: harassment, bullying, hazing, stalking, discrimination, retaliation, or any other types of misconduct that undermine dignity and respect."
This is your responsibility if her conduct violates the "rule".
Members of the U.S. Army community should report incidents through their chain of command or family support services for resolution. Additional avenues for reporting and information include the Equal Opportunity for military and civilians, SHARP, the Inspector General and law Enforcement offices.
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On the good side, you never actually have to figure out what Articles a person is breaking in the UCMJ, JAG figures that part out. In the military we have a higher standard of conduct than civilians. Meaning, just because it's not illegal doesn't mean it is acceptable. If you see something happening that is inappropriate, unethical, or irresponsible, the course of action is to report it to their chain of command. Depending on the rank and role of the NCO there are multiple routes the commander could take ranging from NJP, a formal reprimand, or a simple counseling or direct command to stop.
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Quite the pickle. Upon a quick review of the Manual of Courts Martial, I didn't find anything directly stating they are violating any Articles. But, that was a quick review and I'm not a lawyer. You have two options: 1) visit with your base JAG office and run this by them; 2) Report it to your CoC and let them deal with it.
The real issue is: Are they breaking any military laws? If they are, that is where the CoC needs to know so they can initiate an investigation and then work with JAG to apply charges.
The real issue is: Are they breaking any military laws? If they are, that is where the CoC needs to know so they can initiate an investigation and then work with JAG to apply charges.
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LTC Kevin B.
MSG (Join to see) - But that article goes beyond simply recording someone else against their will. It also addresses exposing oneself (with or without a recording) as a stand-alone offense under that article. It has a separate specification for the charge:
"(3) Indecent exposure.
In that _________ (personal jurisdiction data), did (at/on board—location) (subject-matter jurisdiction, if required), on or about _______ 20__, intentionally expose [his (genitalia) (anus) (buttocks)] [her (genitalia) (anus) (buttocks) (areola) (nipple)] in an indecent manner, to wit: ___________."
"(3) Indecent exposure.
In that _________ (personal jurisdiction data), did (at/on board—location) (subject-matter jurisdiction, if required), on or about _______ 20__, intentionally expose [his (genitalia) (anus) (buttocks)] [her (genitalia) (anus) (buttocks) (areola) (nipple)] in an indecent manner, to wit: ___________."
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MSG (Join to see)
LTC Kevin B. - Gentleman, while all of your research is nice. This SPC should not be looking into the Manual for Courts Martial whatsoever. That is a job for the COC and their legal team to determine. This type of claim should not be tried and convicted in this forum. This SPC should just report what he knows to the chain of command and nothing more. He doesn't need to be going into anyone's office explaining he is aware of SGT so and so violating so and so on or around this date to whit, blah blah blah.
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LTC Kevin B.
MSG (Join to see) - Nobody debates that ultimately this is the CoC's decision whether or not to proceed with charges. However, there's nothing wrong with our discussing the MCM here on RP, and our discussion about the MCM is not meant to be a guide for anyone pursuing charges in this particular case. It's simply a discussion about how conduct like this may or may not be punishable under the MCM. As I mentioned, there are far too many unknown details about this case to do anything other than to converse in generalities.
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MSG (Join to see)
LTC Kevin B. - Roger that sir, and i concur. I was only responding to the initial question by the SPC, what should he do? I didn't want him to think he should be worried about what article/ articles of the UCMJ this SGT may or may not have violated. That should be the last of his worries. Now that that is out of the way, and hopefully he can see he has no other role or responsibility with this, Let the discussion continue, haha. Carry on sir. haha
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"A fellow specialist informed me" ...that is here say. Did you then go and check it all out for yourself? How did you find her Instagram? I think it would be very difficult to post anything obscene on Instagram and not get it removed. "provocative photo" is a matter of opinion, and if she is not identifying herself as a soldier then I don't think you have a case at all, at least on the Instagram stuff. As to the premium services --how do you know? Did you sign up and pay? How did you hear about it? Did your fellow specialist sign up and pay? I think you ought to be VERY VERY careful here. You are treading into other people's personal lives and frankly the situation you described has zero to do with your unit or your job. It's gossipy, here say rumors at its best, and harassment at its worst.
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Is this contrary to good order and discipline of the unit right now?
Is the act of you reporting it cause it to be contrary to good order and discipline of the unit?
Things to think about.
Is the act of you reporting it cause it to be contrary to good order and discipline of the unit?
Things to think about.
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