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URGENT PLEASE HELP- husband with ptsd in jail!!

Discussion in 'Military Law' started by sheflys09, Jan 9, 2015.

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  1. sheflys09

    sheflys09 Law Topic Starter New Member

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    My husband has been struggling with ptsd for awhile and refused to talk to anyone about it because he is so.uncomfortable talking.about hia feelings. It has now escalated into a very bad situation.

    He was deployed to Afghanistan and had a really rough deployment. Yes, he has had to kill someone, possibly multiple people. No he has never gone into big detail with me about it. He has seen in a very disturbing horrific way a couple of very close battle buddies die in front of him. He has also seen a few other things that I will not put on here to be polite of readers. He finished that deployment and went back to his unit in Germany in about Feb-March time frame. He then got stationed shortly after in Kansas. He started drinking really bad and enrolled himself in ASAP. He was deferred due to another deployment that was coming up. Thats when he was sent to Africa. He has barely talked to me about that deployment. He finally came home to his unit in kansas and finished that deployment in june, but did not follow up with ASAP like he was supposed to. He said he is just very uncomfortable talking about it.

    Upon coming home he has developed a really bad sleeping behavior. Being a cook in the army and the hours they keep didn't help his situation either. He started having a really hard time falling asleep and would go sometimes a couple days without sleeping. After a few weeks dealing with the insomnia, he became tired ALL the time. He started over sleeping all the time, trying to wake him up was basically trying to revive a dead person. And when he was sleeping he would toss around alot, and hit me by accident a few times.

    Since he had been home from Africa he talked to his nco about re enlisting. A week later he went back to the same nco and said.never mind can you just please help me get out of the army asap. This nco.basically blew him off. So my husband went "awol" for 3 days. They said they were going to.chapter.him out, they took his rank (he was an e4) and they are taking half his pay for a period of time along with 45 days of extra duty.

    Shortly after they gave him a summary court martial, it went to trial and all of his ncos pushed for max punishment to make an example out of my husband. They found him guilty for 6ftr's (he was late to work for oversleeping) yes the ncos knew he had an issue with sleeping behavior and gave him no time to make an appointment or even just talk to him about what was really going on. His punishment for the crime is 30days in jail. And a dishonorable.

    Theres a soldier I know by name, he went awol for 60 days and was punished to 45 days of extra duty. THAT'S IT!

    What can I do??? HELP PLEASE!! What ia happening to my husband is wrong. All of these ncos should have seen so many red flags and stepped in to help my husband, instead he was neglected and is now being pop punished for it and it going to ruin his future. My husband has served 4.5 years in the army and only has 9months left on his contract. It shouldnt have to end like this.
     
  2. army judge

    army judge Super Moderator

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    Sorry, he's under the UCMJ, not a state or federal court system.

    Six "FTRs" alone could have got him chaptered.
    He can discuss the matter with his defense counsel.
    The verdict can be appealed. (MAYBE)
    His other two options would be to write to his two US senators and his federal congressperson.
    He can also write to the Secretary of the Army, Secretary of Defense, and the President.
    Don't compare what SGT Jones received to what SPC Green got.
    Each case and service member is different.

    These days the army and the marines are downsizing.

    A couple years ago this wouldn't have been the same outcome.
    At that time, the military needed people.
    Today, things are winding down.
     
  3. sheflys09

    sheflys09 Law Topic Starter New Member

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    He is okay with being kicked out of the army and accepts that. I just want to know if there is anything we can do to get him out of jail, to not have a dishonorable discharge and have it be honorable, and if we can make it where the summary court martial does not follow him in the civilian world and affect his future. If his ncos didn't neglect him, I truly don't beleive it would have escalated this badly.
     
  4. heracles87

    heracles87 Member

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    I believe he can apply to the VA to have his discharge status upgraded after a certain amount of time passes. I don't know how successful he will be though given his record. Good luck.
     
  5. army judge

    army judge Super Moderator

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    Jail, you say?

    Do you mean an army stockade or a navy brig? We call that confinement, not jail.
    The army doesn't maintain jails.

    The army does pay civilian jails to hold their prisoners or those serving their sentences.

    This might better help you understand the process.

    http://www.monterey.army.mil/Legal/trial_defense/summary_court_martials_fact_sheet.pdf

    There's nothing left for him to do, but write to his US senators, his US Congressperson, the Secretary of the Army, the Secretary of Defense, the president and ask for clemency or a pardon.

    As suggested, he can after a a year or so, appeal his discharge status.

    The Army Discharge Review Board is authorized to review the character, reason and authority of a discharge of any service member discharged from active military service within the past 15 years.

    This link explains that process.

    http://arba.army.pentagon.mil/adrb-faq.cfm

    He may apply for a discharge review online at
    http://actsonline.army.mil

    He is required to send the signature page and evidence as instructed by the online program – or - he may print a blank DD Form 293 from this website under Army Discharge Review Board application procedures, fill in the form and mail it with his evidence to the address shown on the reverse of the form.


    He received confinement (30 days) as a result of his courts martial punishment.
    That's the maximum time a summary courts martial can mete out.

    If he's in jail, its to serve his confinement (punishment).


    Oh, his rank must be reduced to E1 in Ryder for him tone confined as a result of sentencing. A summary courts martial authority can only to that to members who received rank by company authority. If I recall correctly, that's (or was) E5 and below.
     
    Last edited: Jan 9, 2015

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