Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > GOVERNMENT & ADMINISTRATIVE LAW > Military Law

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 08-15-2005, 02:02 PM
Junior Member
 
Join Date: Aug 2005
Posts: 14

Possible BCD help bad apple


What is the name of your state? APO, AE

I don't know where to start with my long story that didn't take the first time, but here I go again. I'm enlisted, E5, been in 6 years next month, regarded as a squared away NCO, and was about to go to the E6 board before a dramatic thing happened in my life. This all started back in Mar. My daughter had marks on her that I didn't put there. I honestly dont know where they came from, but I have several ideas. I saw them after I got her back from my ex husband. I had it in the back of my mind that maybe she hurt herself because she is really rough. I let it slide. She was in the care of not only her father, but a new care provider and the CDC. So, between the 3, I couldn't pin-point where it came from. My regular provider came back from leave and got her back. She saw the marks and asked me about them and I told her I wasn't for sure where they came from. She told me that she had to call the MPs and I told her ok. I got to her house and the MPs were there writing their report. They told me that they had to take her to the health clinic to have her examined. They took her and shortly I was at the health clinic. When I got there, social works services and CID was there. No one said anything to me. Everybody was talking to everybody else and taking pictures of my daughter and not talking to me. Finally CID came over and talked to me and told me that I had to go to the MP station. I went and he questioned me there. He kept telling me that this looked like something that was a mistake..... It all went over my head because I knew it wasn't my mistake. He asked me to write a official statement and I did. I was confident enough that I didn't do this that I said that I would do a lie detector test. I didn't write in the statement that I really felt my ex husband had done this to her. They called him to the MP station and questioned him. He left. by the time I was done my 1SG and CDR was there. What transpired after this was nothing but bad things. First off, nothing was ever relayed to me about the case and what was going on. I was always the last to know. I had to find out stuff on the low down from my child care provider. Meanwhile......we went to the field and my CDR came to me and said that CID was ready for me to take the lie detector test. I told him then that I wasn't taking it due to the way the case was handled. He still sent me back from the field. I got to the MP station and met some special agent and we went over the questions that he would ask me. I had no problems with the questions and decided to go ahead. He told me that I passed all of the questions except whether I had done this or knew who had done this to her. I don't know if knowing in the back of my mind that I thought my ex husband had maybe done this was the reason why. I refused to believe the results and I sat there and questioned it all. The SA sat there and wore me down between crying fits and his statements that I would lose my daughter. I felt pressured into saying that I had done something that I didn't do so that I could kept my daughter. So I did. I wrote another statement which he basically coached me what to write. After I was done there, I called my boyfriend and told him (he's military) what had happened. He told me that I was wrong to admit something no matter what had happened. I agreed and had made it up in my mind to go to JAG and my CDR the next day. When I got home, my CDR called me and I told him about he reservations I had about what had happened. He didn't believe me. He told me that my integrity was in question now. He had already talked to CID before he called me. The next day I told my CDR exactly what happened. He took me the MP station to confront these agents and they sat there bold-faced and told my commander that they would not let anything go on with the other special agent that was wrong where I would feel pressured. They told me that I didn't feel pressured that I was just worried about the repucussions of what would happen. I told them that just as easily as I had voluntarily put that uniform on, I could take it off. I felt it was tell them what they wanted to hear and this would all be over and I would get to keep my daughter or they said I would lose her. (Special agent) It was me or her and it was obviously me. Time went by....My section sgt asked the cdr what was going on with my case because he wanted to send me to the board. The CDR only replied that there would be UCMJ involved and that it would at least be a company grade. I was fine with that. More time went by....My commander called me and my section sgt into his office and told me that the Battalion Commander recommended at least a field grade. That would hurt my pride and I didn't know if I could deal with going from being a NCO to just a soldier but I could possibly recover. I'm fine, I'm breathing until he says that it could possibly be a court martial. At this point I wanted to pass out, but I maintained. I left his office with uncertainty. More time went by....I went on leave and I called my friend to pick me up from the air port. He told me that my name had come down on the USR for court martial proceedings. Again, I almost passed out. While all of this has being going on, I have been having trouble with my child care because my dependable child care provider left. I've been having nothing but headaches. Family care plan chapter has been a thought in my mind that I want to voice because I can't take care of her with the difficulties of this unit. Nothing has happend for the past 6 months that I have been placed on a string. What are the odds of the family care plan overriding these other pending actions? What are the odds if I try to stick it out and continue to have a difficult time with my daughter? By the way, her father is here and doesn't help me any or exercise his visitation rights. He only pays to support her. We're in the same unit at that.
  #2  
Old 08-15-2005, 02:24 PM
Senior Member
 
Join Date: Sep 2004
Posts: 1,498
What did your daughter say? And how old is she?

You need a civilian attorney who handles military matters. I will give you a couple names for a referral. And don't say anything to CID.
__________________
The giving or taking of any advice given in this forum does not constitute an attorney-client relationship and any readers of any posts acknowledge that they are not in any type of attorney client relationship with the poster.
  #3  
Old 08-15-2005, 03:04 PM
Junior Member
 
Join Date: Aug 2005
Posts: 14
She's only 2 about to be 3. Since all of this happened, CID hasn't said anything else to me. Do you think these are grounds for court martial? I feel the punishment is too steep for the crime when there are people getting DUIs in my unit; putting peoples lives in their drunken hands, and all they get is a field grade.
  #4  
Old 08-16-2005, 12:08 PM
Senior Member
 
Join Date: Sep 2004
Posts: 1,498
Keep in mind what they think you did (not what you actually did -- which was nothing).

They think you assaulted your daughter and abused her, and probably have/will prefer charges of assault and incorporate child abuse charges under applicable state law under Article 134. Child abuse court-martials are not infrequent.

You need civilian counsel ASAP.
__________________
The giving or taking of any advice given in this forum does not constitute an attorney-client relationship and any readers of any posts acknowledge that they are not in any type of attorney client relationship with the poster.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 05:49 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.