Posted on Jan 11, 2014
SSG Cannon Crew Member
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I've seen more instances of people purposely taking statements out of context for their own personal gain, than complaints with actual validity. Anyone can take any statement and say,"I'm offended" whether they are or not and then YOU have to answer for it... What are your experiences/ opinions with this legal  loophole.
Posted in these groups: Professionalism logo ProfessionalismUcmj UCMJEo logo EORacism logo Racism
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MSG Platoon Sergeant
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One thing that some people don't factor in is the reasonable person standard. I am just really learning about this right now. Any Soldiers can complain that they are offended by anything. When it ultimately gets looked at someone should ask the question of whether a reasonable person could or would be offended by that.  

 

Of course people have abused the system. Whether it be a complaint that should not be made or someone ignoring a complaint because they don't agree with it.

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SSG Cannon Crew Member
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More often than not, as you stated that someone should see it from a "reasonable person" standard. It will still fall under the "duh" factor where everyone knows that the comment that was made was not offensive in nature, but the person who has beef with the one who made the comment will push the issue, just to ensure reprisal. It is usually a subordinate who cannot "counsel" their leadership, so they file a B.S. complaint to "get even". ANd because of pressure from big Army to "not ignore complaints" they enforce punishment over stupid shi*.
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SSgt Forensic Meteorological Consultant
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SSG Bubba B.


    The social engineering has had a huge impact on the military and I for one do not think it is a coincidence or healthy for veterans.   It is like a miasma has settled over the services quite a bit like when President Carter was in office.   In terms of discussions about our government and military there was a choke hold on free speech while being very dismayed about the whole mess.


  As far as comments being taken out of context I think that is no new thing.  I do think that stopping the discussion has a chilling affect on free speech and a tacit endorsement to leaders who curry favor with certain politicians like Chuck Schumer.  He tipped his hand regarding us (military) and I think the backlash is now taking place.


  This discussion is part of the checks and balances.   We want people to respect our current president but President was fair game.  Until someone admits what is good for one is good for the other,  then this is also just an attempt to stifle speech.   I entered the service in 1974 and got out way before many here went in.


   We were in the doldrums in the mid 70s.   All I know is our pay escalated and the shame foisted upon us by hippies and other peaceniks were stifled by a new feeling and once again it seemed honorable to be a veteran.


   All this depends on which version we want to accept and there in lies the rub.    

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CSM Infantry Senior Sergeant
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Edited 8 y ago
Over the years I have learned no two infractions are always punished exactly the same way. Commanders must clearly listen to recommendations and balance punishments with other concerns. Many service members understand UCMJ much more and are educating themselves to put up a stronger fight.  I remember one soldier got his article 15 dismissed because during the initial reading portion the CSM I had used profanity after completing the initial reading and the soldier was recording the conversation the entire time without the CSM knowing. 
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SFC Senior Paralegal Nco
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O_o... what state? In many states taping someone without their consent is illegal - not a practice I would recommend.



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