Posted on Sep 30, 2021
Any advice on SM utilizing alternative avenues to evade SHARP related allegations?
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I've came across this information as one of the soldiers of my section, lets call her SM-1, approached me for advise. SM-1 was worried that one of the soldiers, lets call him SM-2, would weasel out of the investigation or any repercussions. SM-2 is on the brink of a SHARP investigation and that has both a history with other female soldiers, and a list over one hundred documented complaints against him. Apparently SM-2 went to his medical provider and faked having ASD (Autism Spectrum Disorder) to a a degree, in order for him to get medically retired and absolved. Due to HIPAA, I cannot corroborate a lot of these claims, which is less than ideal when dealing with these type of situations.
Additional info:
- SM-2 is still on IET status.
- SM-1 has not been a victim of SM-2, but someone in her inner circle has.
Lastly, for full disclosure, a lot of this information is from the Jr. enlisted rumor mill. I do take SHARP related incidents very seriously and if true, I want SM-2 to face the consequences of his actions.
Additional info:
- SM-2 is still on IET status.
- SM-1 has not been a victim of SM-2, but someone in her inner circle has.
Lastly, for full disclosure, a lot of this information is from the Jr. enlisted rumor mill. I do take SHARP related incidents very seriously and if true, I want SM-2 to face the consequences of his actions.
Posted 3 y ago
Responses: 9
My advice is to stay out of it. Seriously. Just don't. This is not your job or your lane. Countless investigations have been complicated by well meaning people getting involved where they shouldn't be.
This also sounds like a bunch of PNN and barracks lawyer rumor mill. If this is an AIT kid we can assume he's probably been there less than a year, so you're talking about a documented SHARP case about every other day. Let that sink in for a minute. A commander allowing a Soldier to remain while getting a new SHARP case every other day. That's just not a realistic statistic. While I don't doubt there may be multiple SHARP incidents you have no idea of how many unless you are the SARC or the Commander.
If an IET Soldier is seeing a provider about Autism, it's not your concern. You really can't fake autism and unless this is your medical specialty, you aren't qualified to tell. If the Soldier is separated for ASD they won't be medically retired, it's not something you develop, it's something you have when you join. The Soldier would be medically separated and that's it. If he's lucky he may get a few thousand as separation pay but reality is that ASD doesn't qualify for a disability rating from the Army because it wasn't acquired during service.
What is the specific justice you believe this Soldier should get? The charges aren't sexual Assault or the police would be handling it and it would be a criminal investigation. If it were, it would be a criminal matter and you can still go to prison if you get separated. So, you're talking about hostile workplace, possibly some groping, probably inappropriate comments. The Army isn't going to court martial or imprison someone over that, they're going to kick them out. They're also going to kick them out if the Soldier has ASD.
The moral of the story is military justice is complicated and its not your lane. If you want it to be your lane, go to OCS and become a commander, otherwise you are not qualified to interfere. Your responsibility is to report any incidents you hear about and let the commander work within the parameters of the law and regulations. For all the stories you hear about people who supposedly "got away with it" there really is no way to just dodge military justice. UCMJ gives Commanders wide authority to dispense justice, without the need for a lot of evidence, as they see fit in order to maintain good order and discipline
This also sounds like a bunch of PNN and barracks lawyer rumor mill. If this is an AIT kid we can assume he's probably been there less than a year, so you're talking about a documented SHARP case about every other day. Let that sink in for a minute. A commander allowing a Soldier to remain while getting a new SHARP case every other day. That's just not a realistic statistic. While I don't doubt there may be multiple SHARP incidents you have no idea of how many unless you are the SARC or the Commander.
If an IET Soldier is seeing a provider about Autism, it's not your concern. You really can't fake autism and unless this is your medical specialty, you aren't qualified to tell. If the Soldier is separated for ASD they won't be medically retired, it's not something you develop, it's something you have when you join. The Soldier would be medically separated and that's it. If he's lucky he may get a few thousand as separation pay but reality is that ASD doesn't qualify for a disability rating from the Army because it wasn't acquired during service.
What is the specific justice you believe this Soldier should get? The charges aren't sexual Assault or the police would be handling it and it would be a criminal investigation. If it were, it would be a criminal matter and you can still go to prison if you get separated. So, you're talking about hostile workplace, possibly some groping, probably inappropriate comments. The Army isn't going to court martial or imprison someone over that, they're going to kick them out. They're also going to kick them out if the Soldier has ASD.
The moral of the story is military justice is complicated and its not your lane. If you want it to be your lane, go to OCS and become a commander, otherwise you are not qualified to interfere. Your responsibility is to report any incidents you hear about and let the commander work within the parameters of the law and regulations. For all the stories you hear about people who supposedly "got away with it" there really is no way to just dodge military justice. UCMJ gives Commanders wide authority to dispense justice, without the need for a lot of evidence, as they see fit in order to maintain good order and discipline
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How do you get 100 complaints against you and still find a way to stay in the service long enough to get medically retired?
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If SM 2 was able to enlist, then he did not have Autism severe enough to prevent self control to the point of it absolving SHARP complaints. Autism is not aomething that just appears over night.
*If* SM 2 is recommended for medical separation - and that is a big if - the Command still has a lot of room to enforce SHARP. Medical separations take time. Definitely enough time to process and Article 15. Additionally, if there is enough to warrant a non-medical chapter (such as pattern of misconduct), then it goes to the General to determine which chapter will be utilized.
There is a lot more "in the weeds" technical stuff involved, which you don't really need to worry about, unless you are in SM 2's CoC. But you can assure SM 1 that this ploy will NOT work to allow SM 2 to hide from their actions - if SM 2 really did whatever he is accused of. Innocent until proven guilty and all that jazz.
Finally, if you are not involved, don't get involved. If things have already been reported, then stay out of the way and let the process work.
*If* SM 2 is recommended for medical separation - and that is a big if - the Command still has a lot of room to enforce SHARP. Medical separations take time. Definitely enough time to process and Article 15. Additionally, if there is enough to warrant a non-medical chapter (such as pattern of misconduct), then it goes to the General to determine which chapter will be utilized.
There is a lot more "in the weeds" technical stuff involved, which you don't really need to worry about, unless you are in SM 2's CoC. But you can assure SM 1 that this ploy will NOT work to allow SM 2 to hide from their actions - if SM 2 really did whatever he is accused of. Innocent until proven guilty and all that jazz.
Finally, if you are not involved, don't get involved. If things have already been reported, then stay out of the way and let the process work.
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