Military Employment

[Tristan]

I was in the Air Force and blew the whistle on some allged criminal activity going on in another unit. There was no formal investigation and yet I had enough evidence to pursue charges myself under the Rules of the UCMJ. After I filed I was threatened both verbally and in a letter to my comander about taking reprisal against me. They threatened to contact any civilan employer I worked for and provide negative "untrue" information. I received a copy of the letter that was sent to my commander telling him to take action against me. He did not.

The problem is that the other commander who sent the letter is acting as she said she would and saying things that are untrue. Can I sue her and the military for defammation?

 

[ReyzorX]

You can most certainly prove her actions are premeditated (sp?). The real question in a case of this nature is can you protect yourself from a counter suit. Furthermore, can you rally enough supporters to prove her claims are untrue?

In order to protect yourself from a counter suit you must re-obtain the "evidence" you had at the time you filed. (Good luck)

Your best counter to her claims and strongest character witness would be your CO. However, seeing as the military looks down on "whistle-blowers" you previous CO is not really likely to show a witness. Furthermore, a subpenoa would not sit too well with anyone let alone someone you are relaying on to testify on your behalf.

However, you may be able to FORCE your CO into given a signed statement on substantiating you claims. Furthermore, go for the "shock" factor to flush out the real nasty side of the OTHER CO.

Do this by issuing a subpenoa for her. This will both shock and upset her. With a bit of luck and a few hard hitting questions from you attorney -- you'd be GOLDEN.