How to prove reprisal IAW ART. 138 (or other avenues of approach)?

[DRTDEVL]

What is the name of your state? APO, AE.

To keep a very long story short, I'll just do a time line.

Feb 06. Arrive at unit. Assigned Truck that has been deadlined (according to verbal reports by other Soldier in the section) since unit returned from Iraq in 2004.

Feb 07. Fed up with Maintenance Section refusing to take measures to repair or replace truck (or even report it as Non-Mission Capable) for a year. Report situation to Battalion Maintenance Office (BMO), as well as bring proof that operators have reported the problem for a year. BMO looks at truck, verifies problem, and orders Maintenance Tech (WO1) to fix said vehicle (still not fixed to this date, 10 May 2007).

20 Apr 07. Operating another vehicle in the Motorpool (not even moving, still filling tanks with air) when the transmission fails, dumping all the fluid on the ground. WO1 accuses me of "Neutral-Slamming" truck from the rev-limiter to blow transmission. Investigated IAW AR 15-6, no negligence found. Just a transmission pump failure.

9 May 07. Acting under my role as an AMVI (Army Motor Vehicle Instructor). A student driver is rolling down highway at 45 mph, and 2 tires (dual wheels) come off of the trailer simultaneously (yeah, all of our trucks are in poor repair). Initial evidence suggests improper reassembly during last service. Upon returning to the motorpool, the Motor Sergeant (MSG) makes the same determination, and vows to have the trailer re-serviced next week (this trailer was the "guinea pig", the first in the fleet to undergo this type of service and has had multiple failures on the road since returning to the operational fleet).

10 May 07. WO1 lights up with glee when he finds out that I was the instructor in the vehicle. Suddenly, the CO wants to see the tires that came off, and look at the trailer. The WO1 is claiming improper pre-operation checks caused the wheels to come off (loose lugnuts, even though the inner lugnuts are still on the hub).

I have a feeling that I will be undergoing another 15-6 investigation, only a week after the previous investigation was completed. It is my belief that the WO1 is trying to use me as a scapegoat to cover for improper maintenance and services by his troops. If I find out next week that I am once again under investigation (and subsequently vindicated), how can I initiate proceedings via ART. 138 for Reprisal (reporting him to BMO)? Are there other routes to take (Defamation or Slander)? Hopefully COL Badapple has some experience in these matters.

Thanks.

[SHORTY LONG]

DRTDEVL, yes I hope the good Col. Pirate can help, or even maybe
Fozzy2 might also have some input; and or other[s] as well. For the time
being, what is your thoughts, about filing with the IG., Inspector General.

[badapple40]

IG may be your best bet here. Is it your CO that is investigating? or the motor's CO? What's the interplay? Is your CO the mait. CO? Explain to me the command structure at play.

[DRTDEVL]

The "problem child" in play here is the Maintenance Tech, a WO1. Every transportation company has a warrant officer to oversee the maintenance section due to the massive amounts of equipment at play (basically an accountable officer). We also have a motor sergeant (the MSG) to run the troops and bring experience to the table.

These two people are aside from the 1SG and CO, who actually run the company. They just run the maintenance side of the house.

[badapple40]

And I take it the CO and 1SG are unsympathetic to the fact that you are getting jerked around? Did you try talking to the 1SG about this?

[DRTDEVL]

Everyone is afraid of their OER/NCOER's reflecting the problems... I have been "rocking the boat" around here since day one. My integrity cannot accept the status quo, and I am doing everything in my power to enact change. Unfortunately, those with the power to change things realize that once the "cat is out of the bag", their ratings will falter (right now they are claiming a readiness rate of over 90%, when in actuality it is closer to 19%).

I have literally hit a brick wall... While I do have a couple strong NCOs behind me, the rest of the chain is more concerned with the coverup.

As for the IG? Nothing more can be done at their level. There are currently in excess of 20 complaints at the Division IG Office, and they have just realized that everything has been swept under the rug. They have also recently learned of reprisals against Soldiers for using the IG office. I spoke with them off the record (more of an informational setting) last week. They have several plans for the near future involving our unit (external sensing sessions, unit climate surveys, etc). They are currently researching all of their options and gathering evidence, but this will take time.

I am just tired of it all, and I am ready to let my cards show. It is time for someone to be held accountable around here... No more scapegoats, no more coverups. I just need to know how to accomplish it all.

[SHORTY LONG]

One very important thing to do while figuring out the best way to resolve
your situation positively is to make sure that you keep a most very detailed
and accurate journal.

[badapple40]

DRT: What regulations (or articles of the UCMJ) is the CO or his subordinates violating? You need UCMJ violations to charge Article 138.

[DRTDEVL]

Article 107. Making False Official Statement(s) (WO1 and E-5)
Article 134. (General Article) for Defamation and Slander. (WO1)

That's all I have right now. Isn't there something in the "Whistleblower's Protection Act" to help me?

[badapple40]

OK, go for it, but expect holy hell to fall upon you for pursuit of that route.

- Submit a letter within 90 days of the alleged wrong, in writing, to your commander. It should be like any memorandum for record format, and should clearly state, in bold/underlined, etc, that it is a complaint under Article 138 of the UCMJ.

-Your CO should promptly notify you in writing whether the demand for redress is granted or denied. If denied, you then submit it to your CO's commander (I'm guessing the Battalion Commander), and he should forward it to the General Court-Martial Convening Authority (GCMCA) over him.

-if the BC does not forward it, that is grounds for a Article 138 Complaint against him, etc.


The Art. 138 Complaint is a good way to have everyone and their brother crawling up your rear end. I suggest not pulling that trigger without carefully thinking about it.

[cyberspook]

Originally Posted by badapple40

OK, go for it, but expect holy hell to fall upon you for pursuit of that route.

- Submit a letter within 90 days of the alleged wrong, in writing, to your commander. It should be like any memorandum for record format, and should clearly state, in bold/underlined, etc, that it is a complaint under Article 138 of the UCMJ.

-Your CO should promptly notify you in writing whether the demand for redress is granted or denied. If denied, you then submit it to your CO's commander (I'm guessing the Battalion Commander), and he should forward it to the General Court-Martial Convening Authority (GCMCA) over him.

-if the BC does not forward it, that is grounds for a Article 138 Complaint against him, etc.


The Art. 138 Complaint is a good way to have everyone and their brother crawling up your rear end. I suggest not pulling that trigger without carefully thinking about it.

Hey Badapple: Is there anything in the Whistleblower act that would help him. I have been following this but have no useful information to give, but want to know how this works out for educational purposes.