What should be the punishment for the National Guard Soldier? https://www.rallypoint.com/answers/what-should-be-the-punishment-for-the-national-guard-soldier <div class="images-v2-count-0"></div><a target="_blank" href="http://www.armytimes.com/story/news/local/marietta/2015/08/10/threat-soldier-national-guard-cobb-police-arrest/31441689/">http://www.armytimes.com/story/news/local/marietta/2015/08/10/threat-soldier-national-guard-cobb-police-arrest/31441689/</a> <div class="pta-link-card answers-template-image type-default"> <div class="pta-link-card-picture"> <img src="https://d26horl2n8pviu.cloudfront.net/link_data_pictures/images/000/019/722/qrc/635748381204217101-08102015-Downing-Brett.jpg?1443051051"> </div> <div class="pta-link-card-content"> <p class="pta-link-card-title"> <a target="blank" href="http://www.armytimes.com/story/news/local/marietta/2015/08/10/threat-soldier-national-guard-cobb-police-arrest/31441689/">Threat to American soldiers was a hoax</a> </p> <p class="pta-link-card-description">A National Guard soldier has been arrested for filing a false report of a threat that took social media by storm and created fear among local military.</p> </div> <div class="clearfix"></div> </div> Tue, 11 Aug 2015 13:02:47 -0400 What should be the punishment for the National Guard Soldier? https://www.rallypoint.com/answers/what-should-be-the-punishment-for-the-national-guard-soldier <div class="images-v2-count-0"></div><a target="_blank" href="http://www.armytimes.com/story/news/local/marietta/2015/08/10/threat-soldier-national-guard-cobb-police-arrest/31441689/">http://www.armytimes.com/story/news/local/marietta/2015/08/10/threat-soldier-national-guard-cobb-police-arrest/31441689/</a> <div class="pta-link-card answers-template-image type-default"> <div class="pta-link-card-picture"> <img src="https://d26horl2n8pviu.cloudfront.net/link_data_pictures/images/000/019/722/qrc/635748381204217101-08102015-Downing-Brett.jpg?1443051051"> </div> <div class="pta-link-card-content"> <p class="pta-link-card-title"> <a target="blank" href="http://www.armytimes.com/story/news/local/marietta/2015/08/10/threat-soldier-national-guard-cobb-police-arrest/31441689/">Threat to American soldiers was a hoax</a> </p> <p class="pta-link-card-description">A National Guard soldier has been arrested for filing a false report of a threat that took social media by storm and created fear among local military.</p> </div> <div class="clearfix"></div> </div> CH (MAJ) Private RallyPoint Member Tue, 11 Aug 2015 13:02:47 -0400 2015-08-11T13:02:47-04:00 Response by SCPO David Lockwood made Aug 11 at 2015 1:04 PM https://www.rallypoint.com/answers/what-should-be-the-punishment-for-the-national-guard-soldier?n=881404&urlhash=881404 <div class="images-v2-count-0"></div>The same punishment that everyone else would receive. SCPO David Lockwood Tue, 11 Aug 2015 13:04:22 -0400 2015-08-11T13:04:22-04:00 Response by LTC Stephen F. made Aug 11 at 2015 1:07 PM https://www.rallypoint.com/answers/what-should-be-the-punishment-for-the-national-guard-soldier?n=881417&urlhash=881417 <div class="images-v2-count-0"></div>If found guilty he should be punished and sentenced IAW the applicable legal standards <a class="dark-link bold-link" role="profile-hover" data-qtip-container="body" data-id="49073" data-source-page-controller="question_response_contents" href="/profiles/49073-56a-command-and-unit-chaplain-2nd-id-divarty-hhb-2nd-id-hhbn">CH (MAJ) Private RallyPoint Member</a> . If he violated the law while on duty he should be tried by court martial if the Article 32 investigation recommends one to the convening authority. LTC Stephen F. Tue, 11 Aug 2015 13:07:41 -0400 2015-08-11T13:07:41-04:00 Response by MSG Private RallyPoint Member made Aug 11 at 2015 1:07 PM https://www.rallypoint.com/answers/what-should-be-the-punishment-for-the-national-guard-soldier?n=881419&urlhash=881419 <div class="images-v2-count-0"></div>What ever the laws dictate the punishment should be, then that is what it should be.......on the civilian side. On the military side, loss of rank (2 to be exact in my opinion) MSG Private RallyPoint Member Tue, 11 Aug 2015 13:07:46 -0400 2015-08-11T13:07:46-04:00 Response by MAJ Jim Steven made Aug 11 at 2015 1:17 PM https://www.rallypoint.com/answers/what-should-be-the-punishment-for-the-national-guard-soldier?n=881450&urlhash=881450 <div class="images-v2-count-0"></div>we should all come together to give this guy a life...because, obviously, he doesnt have one.<br /><br />it makes me thankful...I, too, could be a loser...but I am not. MAJ Jim Steven Tue, 11 Aug 2015 13:17:55 -0400 2015-08-11T13:17:55-04:00 Response by MAJ Robert (Bob) Petrarca made Aug 11 at 2015 1:18 PM https://www.rallypoint.com/answers/what-should-be-the-punishment-for-the-national-guard-soldier?n=881452&urlhash=881452 <div class="images-v2-count-0"></div>Infinity push-ups! MAJ Robert (Bob) Petrarca Tue, 11 Aug 2015 13:18:00 -0400 2015-08-11T13:18:00-04:00 Response by SFC Private RallyPoint Member made Aug 11 at 2015 2:00 PM https://www.rallypoint.com/answers/what-should-be-the-punishment-for-the-national-guard-soldier?n=881576&urlhash=881576 <div class="images-v2-count-0"></div>Dishonorable discharge. He dis honored himself and the Guard. There's no room for him or anyone like him. Sound harsh? Maybe so but actions have consequences. SFC Private RallyPoint Member Tue, 11 Aug 2015 14:00:12 -0400 2015-08-11T14:00:12-04:00 Response by MSgt Private RallyPoint Member made Aug 11 at 2015 2:07 PM https://www.rallypoint.com/answers/what-should-be-the-punishment-for-the-national-guard-soldier?n=881609&urlhash=881609 <div class="images-v2-count-0"></div>I think they should first and foremost discover the reasoning behind his actions. He should be held accountable for his actions no doubt, but what motivated this action should be a major concern. MSgt Private RallyPoint Member Tue, 11 Aug 2015 14:07:43 -0400 2015-08-11T14:07:43-04:00 Response by MSgt James Mullis made Aug 11 at 2015 3:25 PM https://www.rallypoint.com/answers/what-should-be-the-punishment-for-the-national-guard-soldier?n=881828&urlhash=881828 <div class="images-v2-count-0"></div>It will probably be considerd a felony because of the amount of police resources he activated. It might even cause a civil rights lawsuit. Personally, I can only guess as to why someone would do something like this. I suspect it comes from a similar psychiatric instability to those that cause people to claim to be war heroes, claim to have injuries and illnesses they don't have or to harm their children (Munchausen by proxy syndrome) so they can get attention. I feel sorry for him, he wrecked his life for a little attention. MSgt James Mullis Tue, 11 Aug 2015 15:25:26 -0400 2015-08-11T15:25:26-04:00 Response by SGT Bryon Sergent made Aug 11 at 2015 3:26 PM https://www.rallypoint.com/answers/what-should-be-the-punishment-for-the-national-guard-soldier?n=881832&urlhash=881832 <div class="images-v2-count-0"></div>UCMJ, then busted and Bad conduct discharge! that is BULLS&amp;^T! SGT Bryon Sergent Tue, 11 Aug 2015 15:26:15 -0400 2015-08-11T15:26:15-04:00 Response by LTC Private RallyPoint Member made Aug 11 at 2015 3:35 PM https://www.rallypoint.com/answers/what-should-be-the-punishment-for-the-national-guard-soldier?n=881869&urlhash=881869 <div class="images-v2-count-0"></div>It is clearly a crime of false reporting which caused false panic and uses up resources. If he was off duty, not subject to UCMJ as a Guard member, civil authorities will investigate and press charges accordingly, with appropriate followup administrative action by the Guard. The nature of charges and subsequent trial and punishment would depend on the circumstances, his mental state and motive. Definitely needs to be referred for mental health evaluation/treatment. LTC Private RallyPoint Member Tue, 11 Aug 2015 15:35:46 -0400 2015-08-11T15:35:46-04:00 Response by SFC William Swartz Jr made Aug 11 at 2015 3:37 PM https://www.rallypoint.com/answers/what-should-be-the-punishment-for-the-national-guard-soldier?n=881878&urlhash=881878 <div class="images-v2-count-0"></div>Wall to wall counseling in a Conex, followed by a dishonorable discharge. Not only did he disgrace the Guard and the uniform he wears, but he put a lot of needless effort in to combatting something that wasn't there to begin with. SFC William Swartz Jr Tue, 11 Aug 2015 15:37:31 -0400 2015-08-11T15:37:31-04:00 Response by SGT William Howell made Aug 11 at 2015 3:48 PM https://www.rallypoint.com/answers/what-should-be-the-punishment-for-the-national-guard-soldier?n=881916&urlhash=881916 <div class="images-v2-count-0"></div>Was he on active duty? If not it is a civil matter. As much as it pains me, he cannot be held under UCMJ if he was not under orders at the time. <br /><br />Activate him under Title 13 and then slam dunk him when he does not show up because he is in lock up. SGT William Howell Tue, 11 Aug 2015 15:48:20 -0400 2015-08-11T15:48:20-04:00 Response by SFC(P) Private RallyPoint Member made Aug 11 at 2015 4:04 PM https://www.rallypoint.com/answers/what-should-be-the-punishment-for-the-national-guard-soldier?n=881974&urlhash=881974 <div class="images-v2-count-0"></div>Dishonorable discharge. We don't need him in our Army! SFC(P) Private RallyPoint Member Tue, 11 Aug 2015 16:04:14 -0400 2015-08-11T16:04:14-04:00 Response by CW4 Guy Butler made Aug 11 at 2015 4:11 PM https://www.rallypoint.com/answers/what-should-be-the-punishment-for-the-national-guard-soldier?n=881995&urlhash=881995 <div class="images-v2-count-0"></div>Heh. This is promising...<br /><br /><a target="_blank" href="http://www.house.ga.gov/Documents/CommitteeDocuments/2014/Code_Of_Military_Justice/FinalReport_2014-Georgia_Code_of_Military_Justice.pdf">http://www.house.ga.gov/Documents/CommitteeDocuments/2014/Code_Of_Military_Justice/FinalReport_2014-Georgia_Code_of_Military_Justice.pdf</a> CW4 Guy Butler Tue, 11 Aug 2015 16:11:06 -0400 2015-08-11T16:11:06-04:00 Response by LCDR Private RallyPoint Member made Aug 11 at 2015 4:55 PM https://www.rallypoint.com/answers/what-should-be-the-punishment-for-the-national-guard-soldier?n=882120&urlhash=882120 <div class="images-v2-count-0"></div>Absolutely. Not something to joke around with. LCDR Private RallyPoint Member Tue, 11 Aug 2015 16:55:28 -0400 2015-08-11T16:55:28-04:00 Response by LCDR Private RallyPoint Member made Aug 11 at 2015 4:56 PM https://www.rallypoint.com/answers/what-should-be-the-punishment-for-the-national-guard-soldier?n=882126&urlhash=882126 <div class="images-v2-count-0"></div>Courts Martial. They can decide the punishment. It's not a time to joke about such things though (nor was it ever really). LCDR Private RallyPoint Member Tue, 11 Aug 2015 16:56:18 -0400 2015-08-11T16:56:18-04:00 Response by LCDR Private RallyPoint Member made Aug 11 at 2015 4:58 PM https://www.rallypoint.com/answers/what-should-be-the-punishment-for-the-national-guard-soldier?n=882138&urlhash=882138 <div class="images-v2-count-0"></div>Consolidated to join original discussion posted by <a class="dark-link bold-link" role="profile-hover" data-qtip-container="body" data-id="49073" data-source-page-controller="question_response_contents" href="/profiles/49073-56a-command-and-unit-chaplain-2nd-id-divarty-hhb-2nd-id-hhbn">CH (MAJ) Private RallyPoint Member</a> LCDR Private RallyPoint Member Tue, 11 Aug 2015 16:58:36 -0400 2015-08-11T16:58:36-04:00 Response by CSM Michael J. Uhlig made Aug 11 at 2015 5:01 PM https://www.rallypoint.com/answers/what-should-be-the-punishment-for-the-national-guard-soldier?n=882148&urlhash=882148 <div class="images-v2-count-0"></div>This sure will change things for Brett Downing! I agree with you <a class="dark-link bold-link" role="profile-hover" data-qtip-container="body" data-id="155315" data-source-page-controller="question_response_contents" href="/profiles/155315-19k-armor-crew-member">SGT Jeremiah B.</a>, throw the book at him, no excuse to play the victim especially while families are grieving from the senseless attack on their warriors! No excuse in his actions! CSM Michael J. Uhlig Tue, 11 Aug 2015 17:01:56 -0400 2015-08-11T17:01:56-04:00 Response by SSG Eric Eck made Aug 11 at 2015 5:52 PM https://www.rallypoint.com/answers/what-should-be-the-punishment-for-the-national-guard-soldier?n=882300&urlhash=882300 <div class="images-v2-count-0"></div>By definition, that is terrorism and he should be punished accordingly. SSG Eric Eck Tue, 11 Aug 2015 17:52:58 -0400 2015-08-11T17:52:58-04:00 Response by SPC Private RallyPoint Member made Aug 11 at 2015 10:57 PM https://www.rallypoint.com/answers/what-should-be-the-punishment-for-the-national-guard-soldier?n=883052&urlhash=883052 <div class="images-v2-count-0"></div>Dishonorable discharge and time in prison SPC Private RallyPoint Member Tue, 11 Aug 2015 22:57:33 -0400 2015-08-11T22:57:33-04:00 Response by SPC Private RallyPoint Member made Aug 11 at 2015 11:03 PM https://www.rallypoint.com/answers/what-should-be-the-punishment-for-the-national-guard-soldier?n=883065&urlhash=883065 <div class="images-v2-count-0"></div>Slinky effect SPC Private RallyPoint Member Tue, 11 Aug 2015 23:03:34 -0400 2015-08-11T23:03:34-04:00 Response by SPC Private RallyPoint Member made Aug 11 at 2015 11:06 PM https://www.rallypoint.com/answers/what-should-be-the-punishment-for-the-national-guard-soldier?n=883069&urlhash=883069 <div class="images-v2-count-0"></div>Makes us look bad that we can't protect ourselfs SPC Private RallyPoint Member Tue, 11 Aug 2015 23:06:13 -0400 2015-08-11T23:06:13-04:00 Response by SSG (ret) William Martin made Aug 12 at 2015 6:47 AM https://www.rallypoint.com/answers/what-should-be-the-punishment-for-the-national-guard-soldier?n=883467&urlhash=883467 <div class="images-v2-count-0"></div>Locally, he can be punished if he made a false report. If was wasn't on orders, there's nothing the NG can do with UCMJ but that might not stop administrative action like reduction of rank or separation from the service. Deep down something in me whispered hoax, but I wanted to support an SM. SSG (ret) William Martin Wed, 12 Aug 2015 06:47:25 -0400 2015-08-12T06:47:25-04:00 Response by SPC Steven Tinson made Aug 12 at 2015 6:52 AM https://www.rallypoint.com/answers/what-should-be-the-punishment-for-the-national-guard-soldier?n=883476&urlhash=883476 <div class="images-v2-count-0"></div>Boot him out! SPC Steven Tinson Wed, 12 Aug 2015 06:52:39 -0400 2015-08-12T06:52:39-04:00 Response by SGT Lawrence Corser made Aug 12 at 2015 8:54 AM https://www.rallypoint.com/answers/what-should-be-the-punishment-for-the-national-guard-soldier?n=883659&urlhash=883659 <div class="images-v2-count-0"></div>Kick him out, make him do time in the slammer. SGT Lawrence Corser Wed, 12 Aug 2015 08:54:26 -0400 2015-08-12T08:54:26-04:00 Response by SSG Warren Swan made Aug 12 at 2015 9:16 AM https://www.rallypoint.com/answers/what-should-be-the-punishment-for-the-national-guard-soldier?n=883702&urlhash=883702 <div class="images-v2-count-0"></div>Personally I'd make an example out of him; have him go to the local Mosque explaining what he did and apologize to the Imam and those praying. Apologize for the possible pain he brought to them with that fake note and the fact it went viral in a era where anti-Islam fears are rising. He'd host a town hall meeting on understanding and compassion between religions, with the Chaplain and the Imam as his AI. Once all that is done, he should be busted to E I owe you a couple, and processed out with an OTH. Any monies used to beef up security either by the government of local religions entities would be paid for by him. There is NO room for crapbags like this who want to stoke the fires of fear and anarchy in the military or the world in general. SSG Warren Swan Wed, 12 Aug 2015 09:16:38 -0400 2015-08-12T09:16:38-04:00 Response by CPL(P) Private RallyPoint Member made Aug 12 at 2015 12:26 PM https://www.rallypoint.com/answers/what-should-be-the-punishment-for-the-national-guard-soldier?n=884260&urlhash=884260 <div class="images-v2-count-0"></div>Leavenworth for a tour CPL(P) Private RallyPoint Member Wed, 12 Aug 2015 12:26:02 -0400 2015-08-12T12:26:02-04:00 Response by SSG Private RallyPoint Member made Aug 12 at 2015 2:31 PM https://www.rallypoint.com/answers/what-should-be-the-punishment-for-the-national-guard-soldier?n=884590&urlhash=884590 <div class="images-v2-count-0"></div>Save the money from a Court Martial, give him a Field Grade Article 15, and discharge him from the military. SSG Private RallyPoint Member Wed, 12 Aug 2015 14:31:47 -0400 2015-08-12T14:31:47-04:00 Response by SFC Mark Merino made Aug 12 at 2015 2:34 PM https://www.rallypoint.com/answers/what-should-be-the-punishment-for-the-national-guard-soldier?n=884598&urlhash=884598 <div class="images-v2-count-0"></div>Way to draw negative press towards the military, jackhole. SFC Mark Merino Wed, 12 Aug 2015 14:34:51 -0400 2015-08-12T14:34:51-04:00 Response by MSgt Jim Wolverton made Aug 12 at 2015 2:51 PM https://www.rallypoint.com/answers/what-should-be-the-punishment-for-the-national-guard-soldier?n=884632&urlhash=884632 <div class="images-v2-count-0"></div>This is a good example of why there should ONLY be one UCMJ. If you can't be prosecuted to the same extent as the active duty folks because you aren't on active orders, there is something wrong there and it lessens the authority and legitimacy of the guard and reserve, IMO. MSgt Jim Wolverton Wed, 12 Aug 2015 14:51:34 -0400 2015-08-12T14:51:34-04:00 Response by SGT Christopher Churilla made Aug 12 at 2015 4:59 PM https://www.rallypoint.com/answers/what-should-be-the-punishment-for-the-national-guard-soldier?n=884972&urlhash=884972 <div class="images-v2-count-0"></div>I think he should personally apologize to the families of those slain in the Chattanooga attack--for starters. SGT Christopher Churilla Wed, 12 Aug 2015 16:59:23 -0400 2015-08-12T16:59:23-04:00 Response by SSgt Alex Robinson made Aug 12 at 2015 5:02 PM https://www.rallypoint.com/answers/what-should-be-the-punishment-for-the-national-guard-soldier?n=884976&urlhash=884976 <div class="images-v2-count-0"></div>Bad conduct discharge and prison time SSgt Alex Robinson Wed, 12 Aug 2015 17:02:03 -0400 2015-08-12T17:02:03-04:00 Response by PO3 Steven Sherrill made Aug 12 at 2015 5:35 PM https://www.rallypoint.com/answers/what-should-be-the-punishment-for-the-national-guard-soldier?n=885075&urlhash=885075 <div class="images-v2-count-0"></div>He should be jailed, then called up, then dishonarably discharged when he fails to report. He should be made to pay restitution of say $5,000 which would then be used to purchase replacements for all the people who removed their decals due to the threat.<br /><br />I am glad <a class="dark-link bold-link" role="profile-hover" data-qtip-container="body" data-id="700279" data-source-page-controller="question_response_contents" href="/profiles/700279-920a-property-accounting-technician-642nd-rsg-143rd-esc">CW4 Guy Butler</a> that Georgia has the GCMJ which he could be prosecuted under without having to go through the process I mentioned above. I sincerely hope he receives the max penalty. <br /><br />In lieu of that, if he used company supplies to print the letter, I hope his employer terminates him, and has him charged with petty theft. PO3 Steven Sherrill Wed, 12 Aug 2015 17:35:37 -0400 2015-08-12T17:35:37-04:00 Response by CPT Tamara Brewer made Aug 13 at 2015 2:12 AM https://www.rallypoint.com/answers/what-should-be-the-punishment-for-the-national-guard-soldier?n=885997&urlhash=885997 <div class="images-v2-count-0"></div>Treat him as a domestic terrorist. Take away his freedom because that is what he has done to numerous Soldiers/military families mentally. CPT Tamara Brewer Thu, 13 Aug 2015 02:12:48 -0400 2015-08-13T02:12:48-04:00 Response by SFC Private RallyPoint Member made Aug 15 at 2015 1:13 AM https://www.rallypoint.com/answers/what-should-be-the-punishment-for-the-national-guard-soldier?n=891337&urlhash=891337 <div class="images-v2-count-0"></div>With everything being so sensitive now a days to terrorism, I believe this soldier should be demoted to private, forfeiture of pay, and extra duty I. Accordance to he manual for court martial appendix A. I knew it had to be a hoax because terrorist don't choose just one persons vehicle in a parking lot. He's not a VIP and definitely not known. He wanted the attention and wanted to start propaganda. He should be punished and dealt with accordingly. Things like this are not to be taken lightly. SFC Private RallyPoint Member Sat, 15 Aug 2015 01:13:20 -0400 2015-08-15T01:13:20-04:00 Response by SSG Roger Ayscue made Oct 2 at 2021 1:40 AM https://www.rallypoint.com/answers/what-should-be-the-punishment-for-the-national-guard-soldier?n=7305586&urlhash=7305586 <div class="images-v2-count-0"></div>I believe that he should be held to a higher standard than Mr. John Q. Civilian. <br />We are Soldiers. We are the Protectors of the Nation. We are a cut above the civilian, and we should be required to demonstrate that at all times. Ours should be the highest of standards. Ours should be the most honorable conversations. Ours should be an association that not everyone can be part of, because not everyone deserves to be part of it. <br />He has dishonored himself, his unit and everyone that has worn the uniform. He should be punished in a manner that brings home to him the lesson of the loss of honor.<br />In times past, a Soldier that displayed dishonorable conduct was brought to the front of the formation, stripped of his rank and awards and then the unit did an about face, symbolically turning their back on the dishonored individual and he was made to walk the walk of the dishonored. Perhaps it is time to bring this back. If the military would focus on the HONOR CODE, then we would see less SHARP incidents, less racial incidents...less incidents period. What say you all?<br /> SSG Roger Ayscue Sat, 02 Oct 2021 01:40:50 -0400 2021-10-02T01:40:50-04:00 Response by SFC Kenneth Hunnell made Oct 3 at 2021 12:35 PM https://www.rallypoint.com/answers/what-should-be-the-punishment-for-the-national-guard-soldier?n=7306916&urlhash=7306916 <div class="images-v2-count-0"></div>What did the soldier do, couldn&#39;t pull up the link SFC Kenneth Hunnell Sun, 03 Oct 2021 12:35:25 -0400 2021-10-03T12:35:25-04:00 Response by CPT Richard Trione made Jan 19 at 2023 11:44 AM https://www.rallypoint.com/answers/what-should-be-the-punishment-for-the-national-guard-soldier?n=8090908&urlhash=8090908 <div class="images-v2-count-0"></div>Thank you so much for sharing. CPT Richard Trione Thu, 19 Jan 2023 11:44:57 -0500 2023-01-19T11:44:57-05:00 2015-08-11T13:02:47-04:00