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Article 15 for a missed appointment

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Signal20LEO

Junior Member
What is the name of your state? Tampa, FL

I am currently assigned to the 6 Security Forces Squadron at MacDill AFB. I have been stationed here since August 13, 1999 and I hold the rank of SSgt.

I am a good NCO and have a record breaking number of apprehensions in my current squadron standing at 230 in my 5 1/2 year tour of duty here at MacDill. However I am one who does not stand for corruption, favoritism or matters which violate the core values of the USAF. I am outspoken and believe an NCO is responsible for maintaining his integrity and protecting the rights of all subordinates. Bottom line Don't ask me what I think if you don't want the honest answer. Well this hasn't made me popular with my squadron. A squadron full of "Yes men" who are only concerned with promotion. On November 21, 2001 after working continuos 14 hour shifts in the wake of September 11th I was approached by my first sergeant asked to drop my weapon and report to the commanders office. I did as I was told completely unaware as to why. I made contact with my commander who advised me that my wife had called stated I was suicidal and that I had threatened to kill her and myself. (Something that never occured) I was issued a no contact order preventing me from seeing or talking to my wife and was told I could not return home. I was sent to Life Skills and evaluated and released to a dorm room which was now to be my residence. I was investigated by AFOSI who determined the incident was unfounded. My wife recanted the statement within 6 hours after she learned I was not to contact her. My wife stated she had not seen me one day since september 11th and decided if she could get me listed as do not arm I would have a back office job and I would only work eight hours during the day rather then 14 hours from 1630 to 0630, missing her before she returned from her job and returning home after she left for the day. The charges were dropped and unfounded and I was given back my ability to carry a weapon after first sweeping parking lots and picking up trash for nearly a month. However the no contact order was not lifted. Finally in January of 2002 I was told I could see my wife and move back in to my house. My wife admitted her mistake told me she wasn't thinking, emotions got in the way and her and her friend had concocted the idea because she loved and missed me. Her friend contacted my commander and told him she was present when my wife decided to do what she did and had known it wasn't true. Well my wife never made a written statement or signed any paperwork and refused to from the start. Moving on in March of 2002 I was told that even though I had not been charged and the investigation was complete I would still have to attend a Domestic Violence Batterers intervention course however I only must attend 6 weeks instead of the mandatory 26 weeks. I did everything I could to fight it and slowly learned that the USAF can make you do anything they want anytime they want and you can fight it till your blue in the face nothing will change. I attended the courses with several other military members who had been convicted of domestic violence and were ordered into the course by a judge instead of serving jail time. Time passed and this episode grew less and less important to me. Except I have felt reprisal for this incident since it occured I have had leave denied by my operations officer stating it is squadron policy that a military member only be allowed to take 14 days of leave annually (I missed my sister's wedding because of this) and I know it to be untrue because other people in my squadron have taken more then 60 days in a year. I have been passed over for staff jobs that I was told by the hiring authority I was most qualified for. I even was hired by the investigations section as an investigator at 1830 hours and told I could not have the job at 0500 hours the next morning. Reason stated "The first sergeant said because of all that stuff with your wife, you can't be trusted in testifying" Well oddly enough I have been testifying monthly as the apprehending officer in all kinds of cases as a patrolman. My PIF contains my Do not Arm order from 2001 even still to this day and a statement saying "I believe (ME) has been in contact with his wife even though the commander has issued a no contact order" from the old operations superintendent. I don't know what lead him to that conclusionbut he sites no facts or claims of witnessing such events. So that is my background. That is everything, I have never been DUI or had an alcohol related incident, never been insubordinate, never failed my CDC's never even had a parking ticket on or off base. So where am I going with this? In my PIF I have the following; One (1) LOC for a missed appointment dated 2002, this appointment was my fault as I simply missed it on the appointment roster, but I took responsibility, Three (3) no show letters from March 2004 for missing scheduled fitness appointments, I missed these appointments because I was posted at work and my Flight chief could not get me relieved to go to them, he said he would take care of them, however two months later I was on a different shift and was issued an LOR for missing those same appointments, I stated my case to that supervisor who was spineless and even showed him the duty rosters from those days he said "I am sorry bud, the Captain ordered me to" the same captain that denied my leave to see my sister get married. THAT IS IT, THAT IS MY WHOLE SIX YEAR PIF. Well recently on November 10th I was scheduled for Chemical warfare but had to work due to manning issues. My Flight Commander a 2Lt called and notified appointments of me not being able to attend this appointment. Low and behold a missed appointment letter was still sent out, but kept quiet and held by the first sergeant who never forwarded it to my flight commander or flight chief who would have told them they needed me on post and cancelled the appointment. On November 14th I was scheduled for a firing appointment which I missed on my own of my own doing I did not check my email and I missed it, I can't say anything about that it was my fault. On Dec 10th I was scheduled for a dental appointment but told in the afternoon of Dec 9th that I was to be in court on the 10th for a speeding ticket I issued. I tried to cancel my dental and was told without the 24 hour notice a no show letter must be sent. I thought so what I am in court that is my mission, no one will care my primary duty as a Security Forces member is to see justice done. Well I was wrong, because as I was informed on december 29th the Commander wants me in his office on Jan 3rd to offer me an article 15 for missed appointments. This is a little beyond ridiculous to me, in six years I have never even been late to work. I have 54.5 days of terminal leave saved up and am due to seperate of my own choice on March 30, 2005 and with terminal that makes it February 4, 2005 (How much do you want to bet I will be denied terminal) So I need your help, I feel like I am being picked on I feel like I am being harrassed, threatened, and am the subject of selective enforcement of standards, How many people get article 15's for missing appointments especially when no one seems to care why Ie my first general order I will take charge of my post protecting personnel and property for which I am responsible until properly relieved. I was at work for all of two of these appointments one I took responsibility for in 2002 and one I take responsibility for now. I can't get supervisory help because I belong to a Security Forces Squadron and let me tell you, If you try and go against the grain even if it is just and on the side of right they will crush you. Help me please, I am at my breaking point I just want out, I want to walk out the door knowing I served my beloved country with my stripes still affixed to my sleeves. Please any help you could give would be appreciated.

SSgt William Perry/6SFS/SFOB
MacDill AFB, FL
 


badapple40

Senior Member
How brave are you? Are you willing to risk a court martial for this?

I would tell you to file an Article 138 complaint against the Captain and FSGT, but with charges pending, its too little, too late for that.

Your 15 has been to the legal office and is back. Let me suggest you go see the Area Defense Counsel, at MacDill, and explain all of this to the ADC. I think this is a perfectly defensible case and might be one you want to go the distance with.

Like I said, its time to go to the ADC. If you want, I can also give you a short list of civilian attorneys I'd recomend for this.
 

Signal20LEO

Junior Member
Thank You

Tampa FL

Thank you for your advice, I really appreciate you taking the time to address this issue. I have been hired by the Florida Highway Patrol and I cannot risk a federal conviction so once again I am against a wall and it seems that I need to opt for acceptance of this 15. I wish I could do more but ADC agrees I should not attempt to fight the 15 if I want a garunteed future in Law Enforcement. Sir (BADAPPLE) there is a tremendous amount of injustice out there and I would like to commend you for caring. I wish there were more people in the US Military like you who cared about the team and less of the people who care about promotion and status.
Thank you,
Perry
 

badapple40

Senior Member
While the 15 process sucks, I would start looking to get all the supporting materials together. You need to get all your ducks in a row, proper paperwork, including any documentation regarding court, and the like.

Who is offering the 15? Surely not the captain, right? You can always appeal the 15 up to the convening authority. I suggest taking that route. The ADC knows how to do that. If you run into additional difficulty, as I said, I'll refer you to a couple good civilian defense counsel I know.
 

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