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 Military Personnel Discussions of Legal Injustices, Failed Leadership, Harassment ....etc.

The Below are instances of current victims of a extremely unimaginable system of bad leadership, condoned sexual harassment, legal ineptness and legal representation denial, plus more.

3/24/12

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Military Legal System

Denial of Representation

Sergeant: 13.5 years in the Marine Corps, prior Drill Instructor, single mother of two children, honorably discharged.

• Was unable to re-enlist because was not able to pick up the rank of SSgt.  However this Marine was selected at 10 years in the Marine Corps, but a hearsay investigation took place, and the command used that Marines personal life against her during each phase of the investigation.
• • Service limitation to pick up SSgt was 13 years, now is 10 years due to the down size in Marines.
• This Marine was given a page 11, then the command threw the page 11 in the trash and gave that Marine a Bn NJP.  Which is administratively incorrect and the BN NJP should have never taken place, and the rank of Staff Sergeant should never have been revoked. 
• • This Marine was denied legal service not just once but four times – which in the Marine Corps if you request a lawyer, you don’t get to talk to a lawyer, you get a video to watch, then go back to your command and wait out your punishment still unaware of what your rights really are.
• • This Marine was humiliated during a PME from an Officer, which is a form of harassment and is an equal opportunity issue.
• • This Marine was told by command level personal not to say anything about any other Marines while receiving punishment as to not get anyone else in trouble.
• • The command knew that the investigation was under false pretenses.
• This Marine receive a Navy and Marine Corps Achievement Medal within a few months after the BN NJP, for outstanding performance while in Iraq, and was hand selected from the Command level to complete yet another draw down of another base.

• This Marine was told by command level to complete a Board of Navel Corrections package (BCNR).  This Marine completed a BCNR package, and was given no help or guidance as to how to complete such package from the command.  This Marine completed the package with the knowledge collected over two years and the same day the case was assigned the board convened.  The BCNR received over 100 pages of evidence that the investigation and NJP was unjust, and due to the Marine Corps downsizing the board didn’t even look at the evidence, and stated they found no error or injustice done.

• The Marine Corps seen this Marine as what the “good old boys and girls” would say as nasty Marine during the time of NJP, yet this Marine was called from the command during leave, and even after the Marine got out the Marine Corps to ask questions and complete the work the Marine Corps thought that someone better would take that place.  The Marine that left the Marine Corps got a home phone just because the cell phone didn’t have reception in the house, and didn’t want to miss a Marines call for help, didn’t eat lunch, and came home at 1900 at night because the Mission of the Marine Corps.  Another good Marine has left the Marine Corps because of Marines in higher authority not knowing their job, and the “good old boys and girls” getting promoted because they know how to carry a conversation with their friends, but is unable to help a Marine with personal and professional problems.

A complete failure at all levels of management, and a failure of the military system itself, failiure of command responsibilities and accountability, legal denial and legal incompetence, all in one instance. It's this type of complete failure of quality individual marine representation that requires a full investigation of the system of disciplinary actions imposed by the military.

Disciplinary actions is a game of selection, with the leaders choosing the ones that receives discipline, based on his or her feelings of a individual, with favoritism given based on rank, gender and color.

A Civilian Board of Legal Minds is needed to hold individual and interviews with military personnel who are guaranteed immunity for their frank disclosure of mal treatment, harassment stories, and any other stuff that personal are subjected to by a "good old boy" system of military justice.

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Rank Differential Treatment

Gunnery Sergeant: 22 years in the Marine Corps, prior Drill Instructor, father, honorably retired.

• ~ Slept with a junior Marine.
• ~ Marine got pregnant.
• ~ Junior Marine got charged for adultery.
• ~ GySgt received no punishment due to Marine did not want   to identify child’s father, for he would have lost his retirement.
• ~ Command pressured junior Marine, with tactics that are forms of harassment and EO complaints.
• ~ GySgt about to retire and on Terminal Leave. 
• ~ GySgt gets NJP’d, keeps everything.
• ~ Retired GySgt won’t pay child support.

Military Rules doesn't allow E-5s and below to date or indulge with
E-6 and above.  Disciplinary Actions can be taken for fraternization with junior personnel.

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Harassment and Inconsistent Treatment of Junior Personnel. with Impunity

Lance Corporal: 3 years, Married

• -  Husband about to deploy, Marine informed command husbands date of departure, in advance to ensure that she can attend his departure.
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  -  The Date of husband departure came and Marine was told to report to work at 0500 (5 a.m.)
  • This was the only Marine that was present at 0500.
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  • Marine called chain of command, and they told her to report back to work.
• One hour before her husband’s departure the Marine was still at work, and was not given authority to leave, grab her son and meet her husband.
• • This Marine, a few months prior to this event, had to go on emergency leave, upon her return she had to show proof her family member was in the hospital (HEPPA was not enforced). 
• • The command stated they would NJP her for falsifying an emergency leave request if she did not show proof. 
• This Marine was finally given authority to leave with less than 30 minutes before her husband was to depart. 
• This Marine was then charged with being belligerent to SNCO’s. 
• While her company level NJP was taking place the Marine was able to proof that the NCO’s/ SNCO’s were lying, and the NJP was thrown out. 
• The company stated that Marine would get a page 11, but wanted a letter about the incident.  Needless to say the Marine did not get a page 11 either. 

~Mal -treatment of Junior Personnel. with verbal degrading comments.
~ Retaliation from upper rank when they are proven wrong or embarrassed for taking a wrong position.
~Collaboration Level Miss Representation used as intimidation tool.
~Threatening of Personnel. used as psychological and emotional degradation tool in order to gain capitulation.

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Lack Of Equal Accountability & Equal Scrutiny of Actions

1stSgt: 20 plus years in Marines

-Instructed a Marine that received a service dog to put the dog in a her car, because it was not allowed at work.  This dog did not come out of that car alive that day.  The Dog Die due to high temperatures during the summer months.

No investigation was done.

Military provides a dog for marines with PTSD, which has been shown to keep PTSD people calm. This displays the lack of common sense by higher ranking personnel, who take more pride in their power to give instructions, which are demanded to be followed, as appose to their use of common sense to not suggest leaving a dog in a car because you refuse to allow the dog in a work place.
The 1stSgt's action is inexcusable, in that, he should know that PTSD Dogs are used specifically for PTSD treatment, and his disregard for this understanding caused the death of a trained dog, and inflicted un-necessary additional emotional stress on a person with PTSD.

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Upper Rank's Treatment Different Under Same Circumstances

SSgt: 16 years

- The Marine Corps would not consider this Marine for last re-enlistment, which would have allowed the Marine to retire.  On this Marines EAS, the Marine went to medical and received a limited duty chit which allowed him to serve another six months and retire medically instead of retire from 20 years. 

The fact that this 16 year marine denial of re-enlistment, suggests that he or she may have flaws and are unfit for continued service.

Going to medical on the last day of your enlistment is a obvious ploy, but, with help and friends, the marine was able to get a medical disposition, which halts or extends a EAS. Thus, this marine was able to beat the system long enough to get some type of retirement.

Examples of how lower rank personnel would have been treated for same scenario.

If this was a junior Marine, the SNCO’s would call medical, and ask information regarding the junior marine, which is wrong because the information is protected by HEPPA, yet, SNCO's still are able to receive that information. 

Information wrongly accessed, which shows that the SCNO's knowingly asked for info when he knows the rules of HEPPA, while the medical personnel who also knows the rules of HEPPA, willingly brakes rules and provides the info anyway. (good old boy system)

The junior Marine’s medical chit gets corrected to what the SNCO request’s so the Marine can perform the duties that are needed to be completed, even though medical has screened the Marine and already said was not capable to do so. 

Medical disposition wrongly changed to force marine to work, even when medical disposition suggests that the marine isn't physically capable of doing the job. The Changing of the verbiage on the chit to meet the request of the SNCO's request is a illegal act on both sides.

If this was a junior Marine, the command would have extend them two weeks, just enough time for them to go to seps and taps and check out.  It would have never been condoned, and the Marine would have been charged for doing such act. 

• The 16 year marine received special treatment due to his rank, when other similar circumstances, the marine would have received just enough of an extension to complete separation process from the military as he heals.

Good Old Boy Protectionism for those who they favor, and punish those it does not favor, by using it's numbers and size against the lone victim of their focus. The SSgt got help, where as a younger marine would have been scrutinized, forced to work irregardless of what the medical document suggests, and kicked out ensuring that no possible benefits are accessible in the future.

 

ASMFMB
3/24/2012

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