Posted on Jun 11, 2015
CW5 Regimental Chief Warrant Officer
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Most times UCMJ is fair. Other times it is blatantly not. Do you have a specific example that sticks in your craw?

I do. Once under a female Battalion Commander, there was a case where two married SPCs (married to other people and not each other) decided to have an affair. The female's spouse found out and actually video taped one of their indiscretions and mailed it to the BN CDR. Neither SPC had any kids and had about the same DOR and TIG. The result? Both received extra duty but he was reduced in rank and paid a fine. She lost no rank and had suspended pay reduction. WTF?

I wasn't in the room but off the cuff it looked wrong.
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Responses: 27
LCpl Alton White
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While in the Marine Corp I began a life time struggle, with Migraines. I found that they were sometimes triggered by fluorescent lights (the constant Flickering) While stationed at NAS Millington, TN, during a test I had a migraine, I asked if I may return to the barracks for some medication that would stop my headache. I was denied. So to minimize the effects I leaned my face downward with my hands on my head like a visor to protect my eyes. Not covering my eyes just shielding them from the lights. the Master Chief who was monitoring the test came up behind me and snatched my chair right out from under me. I did not fall to the floor, but I came close. He shouted there will be no sleeping in my class Marine. I had already finished my test and was waiting for the time period to expire. I was not asleep or I would have fallen to the floor. The chief had me dropped from the class. I had the highest average in the class and after I plead my case to the school commander I asked him to check my last test and Stated that I had aced the test prior to this episode with the Master Chief. Upon review by the commander ( the tests and reports from all the instructors, The commander reinstated me.) this did not sit well with the chief. He was relentless in his claim I was asleep and it cost me 6 days of class and 15 days extra duty 50 a month for 6 months. But I still graduated that class top of the class and got choice of duty station upon competition. Needless to say the Chief was wasn't happy about that and blocked my promotion because of the article 15 punishment.
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MCPO Roger Collins
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Personal experience, just after boot camp and in service school as an E2, I walked out of a smoking area then back. An E5 wrote me up and it was referred to a Summary Courts Martial. Not having a clue when the LCDR (O-4) explained that he was my defense council, I explained what happened truthfully. He then also explained he was the prosecutor and found me guilty. Nothing serious as far as a penalty, but a courts martial of any kind on your record can be a career limiter. It came up every time I had to update my BI information for security clearances and when I was up for E8/9.
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PO1 Cryptologic Technician Collection
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MCPO Roger Collins - Fair enough. Still sounds like it should have been a mast to me.
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MCPO Roger Collins
MCPO Roger Collins
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PO1 (Join to see) - Or as I did on many occasions let the individual Volunreer for extra duty keeping the record clear.
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PO1 Cryptologic Technician Collection
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MCPO Roger Collins - Seriously. I am sorry you had to deal with that.
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MCPO Roger Collins
MCPO Roger Collins
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PO1 (Join to see) - No need, long ago and as you can see no permanent damage.
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MAJ Bill Darling
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On the national level, I always cringe when I think of the Naval Academy sexual assault case against three midshipmen accused of gang raping another midshipman. One was acquitted and charges against the other two were dropped, but none were allowed to continue/graduate because of school violations. The accuser was given immunity and therefore not punished for her violations and became a surface warfare officer. Moreover, their names are all known and hers was protected by the media.
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SFC Don Ward
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E7 Platoon Sgt who was coming on to a female SPC in his platoon - she walked out the door mumbling as her Squad Leader walked in. PLT SGT told Squad Ldr that she called him an SOB on her way out door. SPC got counseled by Squad Ldr, and recommended for UCMJ. She ended up getting AR 15, part of her extra duty was working for PLT SGT. He had her clean PLT shack, she almost poisoned him by using some type of cleaner on his coffee cup. The whole PLT laughed as his diarrea had him running all day.
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TSgt Ncoic, Combat Training Detachment
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Forgot to add the other one I once saw. Wasn't my command, but on the same base. Had a guy who was in MX, he was a pothead. Self-admitted. Well, he cut that out when he joined, but succumbed to temptation one night and smoked a joint. Sure enough, two days later, got popped for urinalysis. He did the march of death like a trooper; peed in the cup, waited for his doom. Sure enough, he gets called into the CC's office to discuss the results. He got the book thrown at him. Wasn't kicked out, but got a stripe taken away, restriction to base, etc. Took it all without complaint.
Well, same squadron, someone got hit for abusing prescription meds. Now, this guy was actually dating one of the officer's (not sure which one, not the CC) daughters. They got ADC involved and pushed back HARD. To the point where they were able to invalidate the results and demand a retest, but sent him TDY for a month for "training," despite that being the perfect timing to get all the stuff flushed out of his system. Sure enough, he comes back, pees in the cup, good to go.
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CW5 Regimental Chief Warrant Officer
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Well I was the piss test guy and on my last test we caught a guy who was abusing pain meds from an injury. He hoarded his meds, gamed the system and used them to get through the day long after his injury healed. Luckily, that incident was used to get him help. He eventually got promoted to SGT but only finished his first enlistment and got out. No one knew the truth except his supervisor and then later after he told his tale when he got out.
Sometimes it finds criminals and other times it finds addicts.
But then again, I knew a guy that popped hot for cocaine, cried racism after he lost a stripe and then got everything buried enough that he was promoted twice and is now a warrant officer.
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PO1 Harry Champagne
PO1 Harry Champagne
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ONCE ON a navy ship a 2nd class p.o. who just happen to be the coxsn of the capt. gig was busted on a random screen went to capt. mast end result was his case was dropped.
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LTC Hardware Test Engineer
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at mob station prior to my last deployment. SPC X told newly promoted SGT Y to "piss off" during an argument. SPC X got letter of reprimand and 30 days extra duty. The same afternoon, PFC A and SPC B got into a full scale fist fight in the barracks. Furniture was broken, holes were knocked in the walls, etc. All they got was a "talking to" by the 1SG. SPC X was white. PFC A, SPC B and the 1SG were black.
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SSG Dale London
SSG Dale London
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I don't know what extenuating circumstances may have led the 1SG to take the action he did so I cannot possibly comment, save to say that running to race as an excuse is never a good choice in the army.
With regard to SPC X and SGT Y on the other hand, disrespect to an NCO is a serious court martial offense and SPC X could have gotten a hell of a lot worse than he did.
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SPC George Rudenko
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There could have been prior discipline for the one SPC resulting in a different penalty for both.
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