Examples of double standards with punishments to Soldiers.

SFC Michael Boulanger — Wed, 20 Nov 2013 15:46:58 -0500

What are some of the examples you would like to share with everyone in regards to double standards? Two or more Soldiers that were punished for the exact same bonehead move and given no punishment or an extremely different punishments. Or give an example of two different offences and one Soldier was given an extremely harsh punishment for an offense not so bad and another Soldier committing a serious offense and getting a light punishment or none at all. Both Soldiers also being under the same command at the time.

Response by CMC Robert Young made Nov 22 at 2013 8:54 PM

CMC Robert Young — Fri, 22 Nov 2013 20:54:05 -0500

I had three guys get caught defrauding the government; the first guy (an E4) admitted to stealing a little better than $5,000 over three months. The other two (both E6s) a year later same thing. Both denied it and refused to cooperate with CGIS despite substantial evidence that indicated that they had been involved in an elaborate scam over the course of two years totaling around $80,000 a piece. The first guy got busted back to E1, forfeited a couple of months pay and allowances, ordered to pay complete restitution, did 90 days in the brig and got mustered out with a dishonorable discharge. The second two both reduced one pay grade and forfeited $400 and $300 respectively with no other action taken. I couldn't fathom a $5,000 theft getting a guy hammered and then busted completely out of the service, and the two guys who collected $80K each skate away almost unscathed. Makes me wonder!

Response by MAJ Private RallyPoint Member made Jun 12 at 2014 7:10 AM

MAJ Private RallyPoint Member — Thu, 12 Jun 2014 07:10:37 -0400

Hate to say this, but I've seen females get away with height/weight reg violations way more often than males.

Response by 1SG Private RallyPoint Member made Jun 12 at 2014 8:07 AM

1SG Private RallyPoint Member — Thu, 12 Jun 2014 08:07:27 -0400

APFT vs. weapons qual

I have never seen someone flagged for not qualifying with their weapon though I have witnessed Soldiers not be able to. I have seen numerous (though not all) people who fail a PT test be flagged the same day.

Response by SFC Eric Wells made Jun 12 at 2014 8:22 AM

SFC Eric Wells — Thu, 12 Jun 2014 08:22:19 -0400

Enlisted vs Officer flag for overweight

Response by MAJ Private RallyPoint Member made Feb 15 at 2015 1:06 AM

MAJ Private RallyPoint Member — Sun, 15 Feb 2015 01:06:16 -0500

Kicking a 22 year old male out for failing the run on the APFT but having several female Soldiers who actually ran slower but passed based on their APFT scale. This is not a knock on those female Soldiers, but the issue with different minimum standards.

Response by 1SG Private RallyPoint Member made Feb 18 at 2019 4:49 PM

1SG Private RallyPoint Member — Mon, 18 Feb 2019 16:49:45 -0500

Unless both Soldiers have the same exact daily performance, same history of any negative performance, exact same positive performance, and exact same mitigating or extenuating circumstances, there is no double standard, only a search for one.

Response by CSM Richard StCyr made Feb 19 at 2019 4:26 PM

CSM Richard StCyr — Tue, 19 Feb 2019 16:26:40 -0500

There can be different results for the same action under the UCMJ it's called extenuation and mitigation and is part of the decision making process Commanders use in dispensing punishment. That's the portion of the proceeding where the commander asks the Soldier if they have anything to present on their behalf and asks the NCO support channel and the officers in the CoC if they have any recommendations or comments.

Where punishment becomes a double standard would be like one Soldier undergoing proceedings and receiving punishment at a company grade for a DUI and another undergoing Field Grade proceedings.

As long as everyone is considered at the same level of UCMJ authority the outcomes can and are often very different for the same act because of the evidence, input or recommendations taken into consideration during the proceedings. So just because Johnny looses a stripe and Joe doesn't , it isn't a double standard as long as both were adjudicated at the same level for the same offense.