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This is sad "This 'Outstanding' Soldier Is About to Get Kicked Out of the Army -- Again." This story is based on official Army documents and records, emails, and interviews with Branch and his lawyer Jeffrey Addicott, a retired Army lieutenant colonel and judge advocate of 20 years. The Army declined to comment on Branch's case.
A bizarre and frustrating tale of military bureaucracy that involves classified information from the 2011 Osama Bin Laden raid comes to a head next month.
Staff Sgt. Ricardo Branch, 38, an Iraq War veteran who is three years from retiring, will face a separation board over allegations that he fraudulently reenlisted after being punished for writing in a military email the name of the unit that flew commandos to kill the notorious al-Qaida leader nearly a decade ago.
Addicott: "I would say that being a JAG officer for 20 years, in 95% of the cases that the Army handles in administrative processes or criminal court-martials, they get it right," Addicott told Task & Purpose. "They cross all the Ts and dot all of the Is.
"But there's that perfect storm that occurs with a variety of factors ... He is one of those cases that is the perfect storm."
A bizarre and frustrating tale of military bureaucracy that involves classified information from the 2011 Osama Bin Laden raid comes to a head next month.
Staff Sgt. Ricardo Branch, 38, an Iraq War veteran who is three years from retiring, will face a separation board over allegations that he fraudulently reenlisted after being punished for writing in a military email the name of the unit that flew commandos to kill the notorious al-Qaida leader nearly a decade ago.
Addicott: "I would say that being a JAG officer for 20 years, in 95% of the cases that the Army handles in administrative processes or criminal court-martials, they get it right," Addicott told Task & Purpose. "They cross all the Ts and dot all of the Is.
"But there's that perfect storm that occurs with a variety of factors ... He is one of those cases that is the perfect storm."
Combat vet fights separation board in case that traces back to the Bin Laden raid
Posted from armytimes.com
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Paralegal NCO
Edited >1 y ago
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LTC Joe Anderson
As do I. I hope this breaks in his favor. There is no reason a good NCO should lose his career over a simple spillage. Especially when it's found out after the fact it wasn't an actual spillage in the first place.
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Normally a stickler for the details of such things, making my determinations based on the intent of the UCMJ, I have to step back on this account and ask why is the Army seemingly being so heavy-handed on this infraction. I could possibly see the Article 15 and even the loss of a stripe for something like this but there is enough in the way of punishment (loss of time is service) and the humiliation of it, to say that justice has been served. And if they did not want him to ever be apart of the Army again, why was his paperwork coded to allow reenlistment? Was it supposed to be and overlooked or simply never considered that he would want or try to reenlist and thus ignored?
What have his behavior and performance been since his reenlistment and how does the unit leadership view his value? In short, is he a worthwhile asset and worthy of retention?
If so, then what possible harm does this do or is it simply a matter of protecting the decision to release him that is standing in the way?
I see this possibly being dismissed in favor of the soldier if this is the whole of the matter.
Thanks for the post, LTC Anderson.
What have his behavior and performance been since his reenlistment and how does the unit leadership view his value? In short, is he a worthwhile asset and worthy of retention?
If so, then what possible harm does this do or is it simply a matter of protecting the decision to release him that is standing in the way?
I see this possibly being dismissed in favor of the soldier if this is the whole of the matter.
Thanks for the post, LTC Anderson.
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LTC Joe Anderson
It's bewildering. I've seen much less harsher punishments dealt out for great Slippage/ Classification Errors than this. I wonder if someone in his old chain had it in for him or if he was the sacrificial lamb for another's error? Unfortunately none of these article show that. The articles just show POOR handlining of the NCOER system and Appeal Board Process/System. The army should have let him stay in on both occasions. Especially if he has no negative performances in his career other than this one slippage that was later found not to be. I hope the kid prevails!!!!! You have a good one. Glad you found this interesting too.
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MAJ Javier Rivera
I have to, unfortunately, agree with you LTC Joe Anderson. It seems that SSG Branch became the sacrificial lamb for someone else’s error.
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LTC Joe Anderson
MAJ Javier Rivera Yes it does seem that way. It makes no sense why they're going so hard on him, for a simple spillage. Especially when it turns out after the fact, that the military had already released this information. Making it not even an infraction. It just seems like there's something more to this story that his seniors or the Army isn't discussing. I wish we knew if he was being sacrificed or what. But it seems like there's a desire to sweep this one under rug. Hopefully he'll be allowed to reenlist/rejoin and eventually retire.
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