What should I do?

[sbh126]

My name is Spencer Hopkins. I'm a Lcpl stationed on New River with VMMT 204. I went to medical this morning because of being dehydrated and sun burned. They put me on SIQ for 48 hours. I took the chit to my desk sgt and he sent me home. 15 minutes later I got called and told to come back and talk to the SNCO's. I reported in to SSGT Proctor. He asked why I was SIQ and I told him. He then asked if I felt like I needed to go home and I said I did. I was then told that if I went home I would be charged with destruction of Gov property among other things for getting a sun burn. I decided it wasn't worth getting in trouble and stayed at work. At about 1300 I was standing in the shop and passed out. After this I was told to go home and SSGT Proctor said that he had told me to go home hours ago. I then reminded him that he said I would get charged if I went home and he said that he had told me I was going to get charged regardless and that he had plenty of witnesses. All of his witnesses are other SSGT's and a few SGT's that could care less what happens to a LCPL and would take his side. Do I have any chance of not getting charged with all these BS charges? I dont want to lose my rank or something when I did nothing other than go to Medical. Could my SSGT get in trouble for this? I felt like it was a smart idea to get a lawyer before this gets over my head. Thank you for your time.

Respectfully,

LCPL Hopkins, S.B.

[ERAUPIKE]

Originally Posted by BsBfrantic

Definitely get an attorney if you want to fight it. I've heard of this before and the soldier had 3rd degree burns, blisters, and bleeding. I think it's ridiculous and people need to stop power tripping.

ART 115. MALINGERING
Any person subject to this chapter who for the purpose of avoiding work, duty, or service--
(1) feigns illness, physical disablement, mental lapse or derangement; or
(2) intentionally inflects self-injury;
shall be punished as a court-martial may direct.

Before directing a trial, the convening authority must forward the specifications for a mandatory review by the staff judge advocate (Art 34). Also, upon a finding of guilty, verdicts must undergo automatic review by a separate SJA who was not involved in the case (Subchaper IX. Post-Trial Procedues and Review of Courts-Martial). The chances that a wholly inappropriate specification - such as Dest of Govt Property - surviving the review of four separate lawyers (SJA conducting initial review, defense counsel, prosecuting counsel and post-trial SJA review) is well, unlikely, to say the least.




Article 108 Military property of the United States - sale, loss, damage, destruction, or wrongful disposition.

I was avoiding this because there are too many unknowns.

You face the very real charge of destruction of government property. You are not entitled to have council at an NJP proceeding but you do have the right to request a court martial. The chances of this making it all the way to an NJP are slim. If the procedures to bring you before your CO are put into place it is in your best interest to request a court martial and obtain council. Until such time it is in your best interest to keep your head down and stay out of trouble. Chances are this will all just blow over shortly.