Husband is continuously being Punished

N

Ninamk83

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I am trying to figure out who I can go to about my husband's squadron and OSI. Since may my husband has been getting punished and now getting kicked out. He was punished for defending me as I was sexually assaulted, and because he hit the guy and the guy pressed charges too, he received an article 15. OSI wouldn't stop trying to find dirt and let the other party harasses us when we reported them. A month later, his squadron blamed him for running the gate; Even though the report said a different make and model and he tried to rebuttal showing the description of a different car, the commander said he abused his power and gave him an LOR and later found the statements were changed from the two airmen who said called in on the car who ran the gate. So they said since my husband was a suspect they charged him. Then in July I wasn't paying attention, and I accidently mixed my Adderall pill with my husband's medication. I went to his first shirt and told him of the incident as my husband was unaware and I been under stress with all that is happening and just didn't pay attention. I immediately went to his chain of command, Said it was a good thing I came in and it is fine. It popped with the Adderall as we knew but was told it was okay. OSI got involved and said he was abusing and taking my medication because his levels were low as they tested him 10 hours later after I did the mix-up the medication. They drug tested him a week after I informed them of what happened and it tested negative. Everyone they interviewed said he has been fine and not acting out of the norm, that he is a hard worker and great leader. OSI said my husband was a drug addict in front of my kids and he was going to be punished for something he didn't do. All my pills were accounted for I confirmed with my doctor and said from a urine sample they are saying he is on it and abusing. Even after they tested him again and it was negative. Commander punished him again with article 15 and said he would be kicked out for drug abuse when he didn't do anything wrong. So I need to figure out who I need to go to about all of this.
 
The UCMJ is clear.
The rules ALL military members must obey are clearer.
No one, I repeat, no one is required to take an Article 15.
An accused has the RIGHT to DUE PROCESS and can DEMAND a trial by courts martial.

Most members take the easy route and accept an Article 15.
A LOR can also be appealed, and due process will ensue.

I don't know what your husband's issue are.
Maybe he doesn't know.
However, any military member can self report at any time and avoid any sanctions or punishments.

Not much he can do now, except fight his "chapter".
To do that, all he must do is visit JAG and indicate he wishes to contest any "chapter" proceeding.

You, as a spouse, can do nothing.
You have ZERO rights, insofar as his "chapter" actions go.


Good luck.
 
The UCMJ is clear.
The rules ALL military members must obey are clearer.
No one, I repeat, no one is required to take an Article 15.
An accused has the RIGHT to DUE PROCESS and can DEMAND a trial by courts martial.

Most members take the easy route and accept an Article 15.
An LOR can also be appealed, and due process will ensue.

I don't know what your husband's issue are.
Maybe he doesn't know.
However, any military member can self-report at any time and avoid any sanctions or punishments.

Not much he can do now, except fight his "chapter."
To do that, all he must do is visit JAG and indicate he wishes to contest any "chapter" proceeding.

You, as a spouse, can do nothing.
You have ZERO rights, insofar as his "chapter" actions go.


Good luck.

Thank you for getting back with me, I know I cannot do anything as I am the spouse. The husband and I are trying to figure out who we can go to about this besides JAG; he has a lawyer who is the only lawyer on this small base. Has not helped us with any of the punishments, we have been told by some of who he works with as he is security forces. That he must of upset someone and that to make documents of what they are having him do, as it mistreatment. We are going choosing court Marshall, but that is still a 50/50 chance, and he could get a dishonorable discharge for something he did not do. We are trying to figure out who we can go to about all these wrongful charges, as he tried to fight all charges against him. He even provided proof and the commander turned down his rebuttal and dismissed his evidence for the other two charges, so he is refusing the article 15, but there has to be someone higher up with power to go about this. As even Chiefs and Master Sergeants told him, they are doing him dirty. We will go to court and fight, but there has to be something to where we are not risking his career on a jury that can go 50/50.
 
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He can always ask his US Congressperson to investigate the matter.
That is his right.

He can ask one of his two US Senators to conduct an investigation.

Some people say contact both Senators, but that's unproductive.

He can ask the Secretary of the Air Force to investigate, the Sec of Defense, the president, too.

All of those investigations are his right, and will be confidential.

He can ask the chaplain to look into things.
Again, an absolute right.

He can ask the base/post Inspector General to investigate his allegations.
Once more, he has a right to an IG investigation.

If things are as sour as you reveal, he has NOTHING to lose by contacting all of the above and requesting an investigation, and assistance.

He can also hire his own civilian lawyer to assist him.

In the interim he must be 150% perfect in all that he does.
One misstep, and he'll only get clobbered, again.
It sucks, but I'm being honest.

I know these things because I am a retired Army JAG, O7, defense counsel, trial counsel, military judge of 30 years.

Yes, a trial can be a risk.
But, he'll lose anyway, if he's "chaptered'.
 
He can always ask his US Congressperson to investigate the matter.
That is his right.

He can ask one of his two US Senators to conduct an investigation.

Some people say contact both Senators, but that's unproductive.

He can ask the Secretary of the Air Force to investigate, the Sec of Defense, the president, too.

All of those investigations are his right and will be confidential.

He can ask the chaplain to look into things.
Again, an absolute right.

He can ask the base/post-Inspector General to investigate his allegations.
Once more, he has a right to an IG investigation.

If things are as sour as you reveal, he has NOTHING to lose by contacting all of the above and requesting an investigation, and assistance.

He can also hire his civilian lawyer to assist him.

In the interim, he must be 150% perfect in all that he does.
One misstep, and he'll only get clobbered, again.
It sucks, but I'm honest.

I know these things because I am a retired Army JAG, O7, defense counsel, trial counsel, military judge of 30 years.

Yes, a trial can be a risk.
But, he'll lose anyway, if he's "chaptered'.


Thank you, I appreciate it. I contacted my state senator and stat representative and my husbands as well, giving them the full detail of what has been going on. We also have over 50 character statements from Tech to Msgt, also have the reports of all three incidents and statements of those who were interviewed to help us out. I will address my husband going to Secretary of the Air Force, and I agree he has nothing to lose by going to them. If we get nothing, then we will just have to go to court and pray for the best. Thank you Sir
 
Thank you, I appreciate it. I contacted my state senator and stat representative and my husbands as well, giving them the full detail of what has been going on. We also have over 50 character statements from Tech to Msgt, also have the reports of all three incidents and statements of those who were interviewed to help us out. I will address my husband going to Secretary of the Air Force, and I agree he has nothing to lose by going to them. If we get nothing, then we will just have to go to court and pray for the best. Thank you Sir


Not state, FEDERAL elected officials.
 
Not state, FEDERAL elected officials.
Army Judge, My father who is a law officer told me to write them as well. I also wrote the Secretary of the Air Force and explained what is happening. However, my husband just came from his lawyer and is not happy with me that I did this. He is now worried about if one of them contacts the Liaison Office, they will contact the base commander, which then will contact legal. Letting the prosecutors bring in the assault and suspect gate runner and destroy his character. As they could not bring the assault and gate runner, due to it has nothing to do with the accusation he is taking my medications. He said it would be admissible if the statement I made above happens, is this true sir. I feel like now I did more harm than good.
 
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Army Judge, My father who is a law officer told me to write them as well. I also wrote the Secretary of the Air Force and explained what is happening. However, my husband just came from his lawyer and is not happy with me that I did this. He is now worried about if one of them contacts the Liaison Office, they will contact the base commander, which then will contact legal. Letting the prosecutors bring in the assault and suspect gate runner and destroy his character. As they could not bring the assault and gate runner, due to it has nothing to do with the accusation he is taking my medications. He said it would be admissible if the statement I made above happens, is this true sir. I feel like now I did more harm than good.

You are a citizen.
You have the right to contact your elected officials and ask for help with your grievances.
Your husband has done nothing, insofar, as contacting anyone.
He has the right to do as you did, however, he has the right NOT to do so.

When contacted by the officials, you can simply thank them, and say the matter has been closed.
Or, you can ask for their help.

As this is hubby's case (although it affects you), it would be wise to defer to his requests.

You and he should discuss it, and if he wishes you to cheer for him quietly at home, that should be honored by you.

If you were facing these charges, it would be your choice, too.

I wish you both the best.
Please keep us informed.
 
You are a citizen.
You have the right to contact your elected officials and ask for help with your grievances.
Your husband has done nothing, insofar, as contacting anyone.
He has the right to do as you did, however, he has the right NOT to do so.

When contacted by the officials, you can simply thank them, and say the matter has been closed.
Or, you can ask for their help.

As this is hubby's case (although it affects you), it would be wise to defer to his requests.

You and he should discuss it, and if he wishes you to cheer for him quietly at home, that should be honored by you.

If you were facing these charges, it would be your choice, too.

I wish you both the best.
Please keep us informed.

Dear Army Judge,

So far my husband has not been charged, he was supposed to get his papers over two weeks ago. So we could go forth with the court Marshall, the prosecutors called, and I refused to talk with them. They did call my father as he was the person I called and told me to contact his supervisor about the mix-up. My father confirmed and told them what I told his shirt and OSI about what happened. They did not talk to him long after my dad said he is law enforcement of 30 years, and they ended the call my father said. The lawyer is thinking that because they have not charged him and no papers, he thinks the prosecutors are debating on if they should proceed or not. As we have a strong case, but he said the downfall is if they do drop it the commander could turn around and give him and LOR. Which then will get sent to the board and will have to go up against them, can my husband refuse the LOR. I know he has to sign to acknowledge it, but I told him if the commander turns around and does that not to sign anything. His lawyer said it would be dirty for the commander to do that, but he might since they still charged him for the gate runner which wasn't his car they reported that ran the gate. Trying to figure out our next move if the commander does try and hit him with an LOR, if the prosecutors drop the case.
 
Not much a military member can do about an LOR.
The AF uses LORs and LOCs, reprimand vs counselling.
It would be foolish to appeal one, because signing simply means you acknowledge receiving the letter.
Your signature doesn't mean you agree with the letter, just that you received.
Don't make it worse, sign it, then see what happens.
Being obstinate and stubborn could lead to an Article 15, or a summary courts martial.

Again, he should talk to a JAG, because there are other ramifications beyond the initial letter.

These days, receiving any adverse action could get you "chaptered", or cause your contract to not be renewed for reenlistment.
 
Not much a military member can do about an LOR.
The AF uses LORs and LOCs, reprimand vs. counselling.
It would be foolish to appeal one because signing simply means you acknowledge receiving the letter.
Your signature doesn't mean you agree with the letter, just that you received.
Don't make it worse, sign it, then see what happens.
Being obstinate and stubborn could lead to an Article 15, or a summary courts martial.

Again, he should talk to a JAG, because there are other ramifications beyond the initial letter.

These days, receiving any adverse action could get you "chaptered", or cause your contract to not be renewed for reenlistment.
Hello Sir,

I am just giving you an update, so still, no discharge papers for my husband to go in front of the board. It has been a couple of months and nothing, they claimed they needed him to pick a date for TAPS; he did, and that was almost a month ago and still no papers or date. We were supposed to go this month in front of the board, but since no papers are served to him, we are just waiting. I did talk with the first shirt and commander at the beginning of December. My father told me always record conversation just in case; I do have them both saying they never questioned his integrity and knew it was an accident. So I turned that over to the lawyer, they did give my husband his badge and barret. He is still off the flight, but they have him train one of the guys to learn how to do things at the supply warehouse he is at. Another is his supervisor told him the commander is looking to give him a one on his EPR, which he disagrees and saying he doesn't agree with what they have been doing to him. The man is afraid to stand up for him and not want to get in the crossfire. So that is where we are at sir, we have no idea what is going on, the lawyer is so confused as for why they are taking so long, and it's been a couple of months and they been dragging this out since for a few months now. My husband is wondering if they are waiting for him to train the other guy, who was transferred over to the warehouse before they try and take him to the board. Said they trust him to train him and some other guys there, when they could get someone else to do it. Just so confused because nothing makes sense, even the lawyer is like what is going on. Sir, how long does his commander have to take him to the board, I was told they have up to a year too. Not sure if that is correct and if they are dragging it out and taking so long, hoping that will be in our defense as well. I look forward to your advice sure, and I greatly appreciate it and thank you.
 
Nina, hello.
Nothing to cause him alarm, however he should be alert.

Sometimes the give a person rope, let him tug the rope, just to see if it breaks.
Translation: He's most likely being watched.

He should do EVERYTHING by the book, all business, all the time.

Another possibility: Congressional inquiries can very often delay certain negative actions, or the actions are delayed while the command gets its ducks in order.

It could also mean that command is rethinking their original idea.

I always say, no news is good news.
 
Nina, hello.
Nothing to cause him alarm, however, he should be alert.

Sometimes the give a person rope, let him tug the rope, just to see if it breaks.
Translation: He's most likely being watched.

He should do EVERYTHING by the book, all business, all the time.

Another possibility: Congressional inquiries can very often delay certain negative actions, or the actions are delayed while the command gets its ducks in order.

It could also mean that command is rethinking their original idea.

I always say, no news is good news.
Army judge,

Well after so many cancels of getting his discharge papers to go to the board, he finally got them today. The problem is legal for the commander had put into his discharge papers for Drug Abuse and Minor Disciplinary Infractions, which we were going to the board or he was for the Adderall accident that I reported when it happened. Our lawyer informed us when we were asked for court marshall that they cannot bring up the assault case as my husband hit the guy for sexually assaulted me and the gate runner that they put as suspect because they don't know who ran the gate. That the Adderall case is what we are going up for, but they chose LOR and take him to the board because legal came back and said they lose. Well to our surprise, they are adding those two cases in there, when this is not why my husband is going in front of the board for. Can they do this when our lawyer said that they cannot bring in those cases as it was over and done and punished? I am sitting her looking at the papers as saying discharged for all three cases when this was about the Adderall incident. I did have one of the senators make contact, demanding IG full investigation on everything of all cases. This was yesterday, so the commander and squadron have no idea yet, we got the senators involved. Any advice sir, or can legally put those cases in there when he was going in front of the board for the Adderall incident? Thank you again and look forward to hearing from you
 
Can they do this when our lawyer said that they cannot bring in those cases as it was over and done and punished?

No, THEY can't prefer charges, but the CONVENING AUTHORITY (some general somewhere, as the charging authority) sure can.
 
Any advice sir, or can legally put those cases in there when he was going in front of the board for the Adderall incident?

Advice?
My wife says I give too much advice. LOL
Okay, a LOR is insignificant in the scope of things, and a LOR won't rise to the level of administrative action significant to cause a member to be forced out of service.

An accused member has the right to refuse company level "punishment", as in an Article 15.

An accused has the absolute right to object to trial by summary court-martial.

An accused can demand trial by special court martial in lieu of summary court martial, or trial by a field grade (at battalion in the army) level officer.

I suspect with the charges your spouse is facing, trial by general court martial will follow.

As to what is specified in a court martial (regardless of level), that is solely up to the convening authority and formally preferred by the government (as in prosecution).

Anytime a person goes to trial, predicting or handicapping the result is useless, unless I'm prosecuting or defending the accused.

Your spouse should discuss his options with his attorney who has (or soon will have) what the government plans to throw at him.

But, you also were able to cause an IG investigation.

The legal proceedings will normally be suspended until the IG has concluded his investigation, especially since a congressperson has caused the IG investigation to commence.

So, now you wait and pray.

He must continue to walk the straight and narrow always on his Ps and Qs.
 
Advice?
My wife says I give too much advice. LOL
Okay, a LOR is insignificant in the scope of things, and a LOR won't rise to the level of administrative action significant to cause a member to be forced out of service.

An accused member has the right to refuse company level "punishment", as in an Article 15.

An accused has the absolute right to object to trial by summary court-martial.

An accused can demand trial by special court martial in lieu of summary court martial, or trial by a field grade (at battalion in the army) level officer.

I suspect with the charges your spouse is facing, trial by general court martial will follow.

As to what is specified in a court martial (regardless of level), that is solely up to the convening authority and formally preferred by the government (as in prosecution).

Anytime a person goes to trial, predicting or handicapping the result is useless, unless I'm prosecuting or defending the accused.

Your spouse should discuss his options with his attorney who has (or soon will have) what the government plans to throw at him.

But, you also were able to cause an IG investigation.

The legal proceedings will normally be suspended until the IG has concluded his investigation, especially since a congressperson has caused the IG investigation to commence.

So, now you wait and pray.

He must continue to walk the straight and narrow always on his Ps and Qs.
Thank you so much, it does say that asking for General and that the commander as in their special court Marshall, I am a bit confused because my husband challenged them to a court marshall and they denied and came back as LOR and to the board. Can the commander choose special court marshall? Isn't that the same as court marshall which they turned down? He sees his lawyer tomorrow to notify him them putting in past cases. The congressman told IG they have to have a complete investigation before the 15th which is the day we were going to the board but since it tells special court marshall, we are a bit confused. I am still praying and hoping to fight this, thank you, sir, for all your help and advice. I appreciate what you were answering all my questions and concerns. Tell your wife your advice is helping more than you know.
 
Can the commander choose special court marshall?

Yes, but the accused can DEMAND a special court martial in that event.

There are three types of courts martial:
summary
special
general

The differences have to do with the severity of the charge(s).
Summary being minor infractions, special similar to misdemeanors, and general similar to felonies.
 
Talking to his JAG is smart.
Why?
This is the time deals can be cut.
It never hurts to hear what the government is offering.

I forgot how many tears of active duty your hubby has, and what rank.

The more years you have the higher your rank, tends to get you a better offer for a deal.
Example, administrative discharge, an article 15 and fine, extra duty, letter of reprimand in your file, etc...

I suspect a deal will be forthcoming, and surprised if one isn't.
That means two things to them, he's pissed off the wrong people, or they believe they have a solid case.

Trust me, many times their beliefs were wrong.
 
Talking to his JAG is smart.
Why?
This is the time deals can be cut.
It never hurts to hear what the government is offering.

I forgot how many tears of active duty your hubby has, and what rank.

The more years you have, the higher your rank, tends to get you a better offer for a deal.
Example, administrative discharge, an article 15 and fine, extra duty, letter of reprimand in your file, etc...

I suspect a deal will be forthcoming, and surprised if one isn't.
That means two things to them, he's pissed off the wrong people, or they believe they have a solid case.

Trust me, many times their beliefs were wrong.
Hi Sir,

My husband has been in almost 13 years, Tech so E-6 for Airforce. 6 deployments to Iraq and Afghanistan. He has never been in trouble; he had all five on his EPR. We do know he pissed off the wrong people; we had several co-workers come up to him and told him to watch his back. Right now he is taking it hard and told him we would fight this and have faith. I am praying that IG does their job now that the Senators got involved before they wouldn't even take us serious when we went to them. We are still trying to get evidence about another security force member's house was raided by OSI and Polizzi and found drugs in his home. His German roommate told them it was his as he cannot get in trouble. Even though it was in his home and his name was on the lease, and he had a couple of people who tipped them about the drugs in his home. They dropped all charges two days ago on him. This came from the suspect who told my husband, and now he changed his story and cops that no drugs were found and it was clear. But thank God we have conversations proving a cover-up. Anyways, sir, I am holding on and pray the jury sees what is happening here.
 
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