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posted
My husband is a staff sargeant and currently on a 60 day mission to thailand. Here is the situation...My husband is the NCOIC of a 10 person team and 5 of thoes soldiers (4 of them NCOs) are pending UCMJ.

There was a no drinking policy and 4 of those NCO was caught drinking and the other E4 did something stupid so now they are all pending article 15...

My husband is worried because the OIC is telling him he might lose his rank and get an article 15 too because he was the NCOIC in charge and he was suppose to take care of the soldiers under him in which he did, those NCOs and soldiers wouldn't listen and my husband did the right thing by turning thoes soldiers in for drinking. I mean my husband can't babysit those soldiers 24/7.

So is the command allow to take his rank? my hubby didn't do anything but the right thing by turning thoes soldiers in...should we get a lawyer?
 
Posts: 9 | Registered: 27 April 2009Reply With QuoteReport This Post

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Ok Ms, stay in one place so that way you can get help! Si!!

http://community.armystudyguid.../284109612#284109612


Lead, Follow or get the hell out of the way, 'cause I will run you over!
 
Posts: 73 | Location: Any DZ | Registered: 22 February 2008Reply With QuoteReport This Post

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quote:
Originally posted by smokbabe:
My husband is a staff sargeant and currently on a 60 day mission to thailand. Here is the situation...My husband is the NCOIC of a 10 person team and 5 of thoes soldiers (4 of them NCOs) are pending UCMJ.

There was a no drinking policy and 4 of those NCO was caught drinking and the other E4 did something stupid so now they are all pending article 15...

My husband is worried because the OIC is telling him he might lose his rank and get an article 15 too because he was the NCOIC in charge and he was suppose to take care of the soldiers under him in which he did, those NCOs and soldiers wouldn't listen and my husband did the right thing by turning thoes soldiers in for drinking. I mean my husband can't babysit those soldiers 24/7.

So is the command allow to take his rank? my hubby didn't do anything but the right thing by turning thoes soldiers in...should we get a lawyer?


As a SSG with half of his Soldiers pending UCMJ, he should be more worried about his NCOER. If he worked for me, his leadership rating would at least be Needs Improvement Some, if not much. It doesn't seem like he has that much influence over his Soldiers. Maybe that has something to do with his being in the Army for 5 years. If it were me in his situation, I would be worried, too. Good luck.
 
Posts: 52 | Location: Fort Benning, GA | Registered: 07 May 2009Reply With QuoteReport This Post

Picture of reddfayce
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NO if he didnt do anything wrong. IF they try to, then if I where him i would go to JAG FAST!!!

A GOOD LEADER IS A GOOD LEADER and has nothing to do with TIS!!! Soldiers are going to be Soldiers reguardless.. Now as for those NCO's that were out with them, thats a different story and should reflect on there NCOER in Leadership.
 
Posts: 50 | Location: TDY ENROUTE | Registered: 13 February 2009Reply With QuoteReport This Post

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I understand that E5-E6 get reduce by a Battalion Commander (O-5 or higher), but if they are doing the wrong thing I don't think an O-5 running around any base that wants to be Investigated by the Inspector General for doing a wrongdoing, and the highest I think your Husband will get is an OLR (Oral Letter of Reprimand) or a Letter of Reprimand. Tell him to contact IG and tell them his story.

If he take UCMJ actions, request an appeal, after the appeal comes back, request a Redress, then if the matter is not resolved within 15 days,you can file an Article 138.

Believe it or not, the civil lawyer gives better advice than that the inexperienced TDS Counselor. I think it will probably not go to trial. No one is going to burn him on this, if for only the reason they realize he could come back just as hard.

And a Article 15(Nonjudicial Punishment)?

--Under what actual article will he get counsel on?


Lead, Follow or get the hell out of the way, 'cause I will run you over!
 
Posts: 73 | Location: Any DZ | Registered: 22 February 2008Reply With QuoteReport This Post

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JAG has little to do with NCOERs. I agree that he is NOT likely to face UCMJ, but he IS responsible for his Soldiers' actions as a leader.
 
Posts: 52 | Location: Fort Benning, GA | Registered: 07 May 2009Reply With QuoteReport This Post

Picture of reddfayce
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ok so what was your husband doing while the Soldiers were drinking?? thats the question..

a) if he was out with them then he was wrong

b) if he was not there and where he was supposed to be, when was the last time he checked on them?

c) was he sleep???
 
Posts: 50 | Location: TDY ENROUTE | Registered: 13 February 2009Reply With QuoteReport This Post

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I am not, I wanted a little more advice. I won't post twice again Red Face

Thanks for all the guidance. I really appreciate it so much for all your advice. And my husband is an outstanding NCO and you are right, it has nothing to do with TIS.

a. No my husband was not out with them, he had just got back from shift and the 4 NCOs was in the open bay where they sleep DRINKING. He told them to put the alcohol away and he immediately told his chain of command.

I may be wrong but the 4 NCOs pending UCMJ are Sargents...they are on a mission and on different shifts, my husband do not have eyes behind his back and he is not able to babysit his NCO SARGENTS 24/7, I mean they are NCOS, they are suppose to make sure the soldiers are doing the right thing but instead, they are the one messing up, my husband is only one man and that is why he relies on his subordinates and comrads to help him out..isn't that how the army suppose to be?...he did the right thing by turning thoes guys in...by punishing him, doesn't it make it seem that my husband should have just covered up for them to avoid this mess?

the battallion promotes these shitbags of NCOs by sending them to the board and my husband got to take blame for it even though he has countlessly told them not to DRINK or sleep with the prostitutes over there? Yes I do agree with the LOR since they were under his watch but to take his rank and money from his family because of others doing is wrong in my opinion.

I just want some legal advice to make sure of that.

and excuse my language.
 
Posts: 9 | Registered: 27 April 2009Reply With QuoteReport This Post
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