Artical 89/91/98

What is the name of your state? Alaska
well below is the counseling i recieved that was sent to the company. I was out due to surgery on Friday however they still put a flag on me without me knowing it.

On 26 Jan 07 you brought your dog to the department staff meeting and the dog stayed with you until i told you to take the dog home at approximately 1400. During my conversation with you, you informed me that LTC **** granted you permission to have the dog at your place of duty. I ask LTC *** if this information was correct and we both came to you and he told you he never gave you permission that the dog could be in the building. And further more the dog could only come in pre-approved for a group therapy session and today (26 Jan 07) there was not a therapy session. This is in direct violation of Article 98 of the UCMJ. I than informed SFC *** of the situation and she told me that she verbally counseled you several times about the appropriateness of the dog presence in bldg 1064, which was the same as LTC *** guidance and the last time was just last week. 26 Jan was the first day of her convalescent leave so your behavior is unacceptable and in direct violation of Artical 91 of the UCMJ. On 31 Jan 07, you informed LTC *** that you recieved a threatening phone call, he instructed you to call the MP's. Ms.***** and Ms. *** informed me that you accused me of the threatening phone call which causes slander to my name, my position and rank, position and authority by your accusation and you are in violation of Article 89 of the UCMJ IAW AR 635-200 chapter 1-16;
Then there is the magic bullett.

Under the plan of action: Your actions are unprofessional and unethical not only as a NCO but as a Soldier in the US Army. I cannot have you working in a position of leadership in my department. I need soldiers that emulate the Army Values and do not require ongoing counseling and corrective training. I am forwarding this counseling to the command for UCMJ action and you will be transfered to work in a section of the hospital MSG ****, NCOIC DCCCS deems appropriate. You will report to her at 0800 tomorrow morning. You will turn in you keys immediatly to SFC *** and have your office cleaned out NLT 1630 this Friday 2 Feb 07.


Now i am attaching a few other things to the counseling, like some e-mails from LTC *** and a MEMO for record.
MEMO for Record: Today i was ordered by MAJ *** to take my therapy dog home and not bring her back, that she was only allowed to be in the clinic for groups. He also stated SFC **** had told me not to bring her back into the building. (SFC**** told me at one time that i was not to bring her to work everyday. I have never been told not to bring her totally.) Many of the staff on the secound floor find her very theraputic to themselves when she is in the clinic as they are able to use tactile stimulation to help relieve stress, enough can not be said for relieving stress while petting a dog.
Also i was confronted by MAJ *** wanting to know if i got specific permission from LTC *** to bring my dog in today. I stated no and he twisted what i had said before to basically make it out that i was lying. Also stating that doing rounds at the hospital was not part of my job over here and i would not be doing it. If i wanted to they would find me somewhere else to work.
well i have e-mail traffic where LTC **** states: (Please get with me and let me knw what the plan is) this is concerning the pet visitation. All he states in the e-mail _I do not want both dogs here at the same time and to get with each other and get with him to let him know what the plan is, nothing about not doing it!

now for my next MEMO of record
On 31 Jan 07 between 0800 and 0830 i recieved a threatening phone call on my awnsering machine. I contacted the secretary to listen and she advised me to call the MP's. I did this then notified LTC *** that i had done so. I went back to the front office and began brain storming with the secretary about who it could possibly be, because she knows the patient list we deal with. She ask me who is mad at me. I rattled off about 10 names and one of the happened to be MAJ **** who is the Chief of where i worked. This was just brain storming and not directed at any one person.
The MP arrived and took my statement, MAJ *** and LTC *** arrived at my door while the MP was here. MAJ **** ask me if i had told the secretary it was him who called and left the message. I stated his name had been mentioned, during the brain storming. He told me i was out of the place i worked and that i would be moved and that i would be seeing the CSM of the hospital today. I said yes sir and they left.
When the MP was finishing my statement MAJ *** came back and stated i needed to clear my schedule at 1400 today because SFC *** was coming in to counsel me. I said yes sir and he left. When i mentioned MAJ *** it was of someone whom i have had confrontation with in the last two weeks. Not as if he actually was the one treatening me. When i was brain storming i spoke out loud so i could hear the names and be able to process weather it was actually them or not. I did not accuse any one of wrong doing not even in the sworn statement to the MP's.

well that is it for now, i go see the commander Monday i am sure. Any advice. I would like to take this to courts martial i think.

[SHORTY LONG]

Suggest you contact Base Legal for assistance ASAP!

I contacted TDS and was advised to go to court martial. He said he could get the secretary on hearsay. She is the gossip in the building. If i take the Artical 15 i am looking at 15/45 reduction in rank and forfiture of pay and allowances. If i take it to court martial what does it take to make it her word against mine?

[SHORTY LONG]

A thourgh investigation will take place; and your Defense Counsel
will or should do an in depth of discovery for all exculpatory evidence!

[John1865]

As the other posts have stated, go to the defense counsel immediately.

The first thing they will tell you is keep your mouth shut, don't talk to anyone about this incident, because talking can only make things worse. Even if the LTC and Maj ask you questions, tell them your defense counsel told you not to say anything. As of now, it just sounds like hearsay. The military generally doesn't prosecute on hearsay.

I think your jumping the gun to be discussing a court martial at this time. However, the military generally doesn't refer charges to a court martial unless they can win. Of course, if you decline an article 15, it will probably be referred to a summary court martial. Base legal will advise the Commander if Article 15 punishment is warranted, and if you decline, they can win in a court martial. If not, base legal will advise against Article 15 punishment and advise a Reprimand is more appropriate.

During the proceedings, you can present evidence to a single officer acting as a judge. The problem with a summary court martial is you won't get a real judge so to speak. You will most likely get an officer residing on base. This officer can and will be influenced by base leadership. One may decline a summary court martial, and then base legal has to make the decision to refer these charges to a special court martial.

Contrary to what many folks might tell you, a summary court martial is not considered a federal offense in the civilian world, and has similar punishment to an article 15. Here is what the US Supreme Court has said about Summary Court Martial: Although action by summary courts-martial is disciplinary in nature for a violation of military law, the Supreme Court has ruled that a summary court-martial is not a criminal proceeding (Middendorf v. Henry, 425 U.S.25).

A special court martial is much different than a summary court martial. It is a "real court martial, and a federal offense if convicted." The judge will be detailed from a military circuit court and not influenced by your base leadership. You can have a jury consisting on 3-military personnel, and you may request one of them be an NCO. However again, these 3 folks are influenced by base leadership. This is when you should consider requesting judge only, because the special court martial judge will not be influenced by the base leadership and give you a more standard punishment.

Hope this helps!

Well thursday i finally go before the commander for my initial reading. I have not been given a date to see trial defense as of yet. I even tried to call and was told i had to wait until i was read my charges by the commander.

[SHORTY LONG]

Hope it all works out well for you. Please let us know
how you fare afterward!

[badapple40]

You can REFUSE the summary court martial and make them prove their case.

If TDS says to take it to trial, take it to trial. They don't tell people to do that lightly.

I had a soldier I represented pro bono not that long ago. Hearsay issues, a heated argument between NCOs in formation, and the more senior NCO shoves the junior NCO, who responded by calling the more senior NCO an @$$hole. Well, they charged the junior guy for the outburst.

I told the client to refuse the Article 15, and demand court martial. He did so. They offered a summary court martial. I told the client, and the base legal office (prosecuror), that we'd be demanding trial by special court martial, as is allowed under the RCM, and would be offering a divestiture defense at trial, as we had 100 witnesses to the assault on my client. And I told them that my client was going to swear to charges against the senior NCO for assault and maltreatment (any member of the UCMJ can swear up charges) -- and if they brushed it under the carpet, Article 138 complaints against the command.

The charges were dropped and the client walked scott free.

My point: don't be afraid to stand your ground, demand trial by court martial, and tell them you want to go to a special court martial -- if you are sure you are right, and TDS thinks they can beat the charges.

Back when I was on active duty, as a Captain (a long time ago) and an area defense counsel (air force version of TDS), I made a name for myself trying cases and winning cases. I'd hang a pirate flag outside my office door everytime I won against the prosecution. It hung more often than it should have.

Just make sure, for everyone's sake, that when TDS told you to take it to court martial, that you were 100% open and honest with them about everything that happened.

I spoke with TDS this AM and they had me fill out the top section of the form {the one for either taking a courts martial or article 15} I with the help of the attorney weighed my options and together we decided on courts martial. The paper work went to the commander i still have to be read the secound half by her then date it stating i choose courts martial. I can not help but think i am dumb, but i did not do what i am accused of. is it wrong to risk federal conviction in order to stand up for what is right?

[SHORTY LONG]

You are not dumb; right is right is right, and wrong is wrong is wrong! Fight like hell for your rights,
and as Col. Badapple40 suggested, take it to a Special Courts-martial and nothing less. And, if
by chance it reaches to this, then you make dam sure you to APPEAL it. But, most likely
at this stage it is a scare tactic because you stated you must be read the second half by your
Commander. The good Book makes it clear that honesty is always the best. And sooner or later
the truth always has a way in reaching the light which is right!

one thing to note i was never counseled in writing, and i honestly do not ever recall any verbal counseling. if there is no paper trail did it really happen as far as a court martial is concerned?

I went before the command the other day, basically when i went to the TDS i had marked Trail by Courts Martial. She ask me if this was still my wish, i stated yes. She had me date the form and then dismissed me. Now i am waiting, because i was told she had to send the paperwork back to JAG. can anyone give me any insight into why the paperwork had to go back to JAG? what point in the process am i at, how long will this take? I am going to turn down the special courts martial and i want a trial by jurry, i really need the attorney to question some of the Sworn statements that are damaging to me that are not true

[SHORTY LONG]

Jag will look everything over, then advise your CO whither you can
even go to a special courts-martial; and you can request a trial
by your peers (jury) in a special court martial!

Well Today i was told i have a follow-up with the 1SG to find out what is going on with the request for CM. i was told it was approved and JAG would procceed to special courts martial. I was told to turn this down and go to a full courts martial by TDA because i have paperwork proveing an 0-5 was not honest on his sworn statement against me. There was an e-mail communication between him and i where he admitted he could not remember one way or the other. However in his sworn statement several weeks later he swore that i did not request permission. I am starting to get nervous over this whole thing

[SHORTY LONG]

Correct me if i am wrong: You wanted to take this to a full
SPCM that, includes a [jury] of your peers? If you are absolutely
beyond a reasonable doubt innocent, then proceed with it. And, if
per chance, you are found guilty, you immediately Appeal. Your
only normal, and should be nervous. Again, total honesty metes
out the truth!