Time to keep this thing alive again... Update time!
On 19 Feb, I objected to trial by Summary Courts-Martial. Within minutes of my return to duty, the call for my counseling packet came in. The counseling packet was sent to BDE Legal, but it's not much help to them. As of now, the only counselings I have received in this unit are my initial counselings, quarterly NCOER counselings, two "blanket" counselings for the platoon (one on sensitive item accountability, one about our coming block leave dates), and the two counselings related to the charge.
The entire plan was to gather additional evidence in order to add additional charges to my case. This would allow them to proceed to Special Courts-Martial with a reasonable assurance for success. Unfortunately for them, I have been on my best behavior since my arrival here... Not so much as being late even once. On Saturday the 21st a message was left for the Commander and 1SG to come down to BDE legal to "discuss the disposition of the case". The CO called, but there was no answer so they did not have the meeting.
My thoughts? I am now in limbo, and they know it. They do not have enough evidence to proceed to Summary Courts-Martial and will be dropping the case, but they want to take their time in order for the troops to forget about it first. They cannot afford to have the example set before the troops that we have rights... The BC's "God Complex" can be overcome. As for the Soldier involved? His extra duty is ending tomorrow... 45 days complete. If I don't have an update by Thursday (2 weeks later), I will call my lawyer to see if he can do anything to get them moving in one direction or the other on this. I cannot reenlist, cannot make my CSB election, cannot stab at any assignments, nor can I request to stay in Europe for another tour until this has run it's course... And we have less than 90 days left on our 15 month deployment now.
samk - In the Army's eyes, there are 3 types of discharges... Deliberate (aim at target/enemy and pull trigger), Accidental (sear failure causing runaway firing), and Negligent. As we are trained experts in weapons, anything that does not fit the two specific examples cited above is considered "Negligent". There is no gray area in the policy.
On 19 Feb, I objected to trial by Summary Courts-Martial. Within minutes of my return to duty, the call for my counseling packet came in. The counseling packet was sent to BDE Legal, but it's not much help to them. As of now, the only counselings I have received in this unit are my initial counselings, quarterly NCOER counselings, two "blanket" counselings for the platoon (one on sensitive item accountability, one about our coming block leave dates), and the two counselings related to the charge.
The entire plan was to gather additional evidence in order to add additional charges to my case. This would allow them to proceed to Special Courts-Martial with a reasonable assurance for success. Unfortunately for them, I have been on my best behavior since my arrival here... Not so much as being late even once. On Saturday the 21st a message was left for the Commander and 1SG to come down to BDE legal to "discuss the disposition of the case". The CO called, but there was no answer so they did not have the meeting.
My thoughts? I am now in limbo, and they know it. They do not have enough evidence to proceed to Summary Courts-Martial and will be dropping the case, but they want to take their time in order for the troops to forget about it first. They cannot afford to have the example set before the troops that we have rights... The BC's "God Complex" can be overcome. As for the Soldier involved? His extra duty is ending tomorrow... 45 days complete. If I don't have an update by Thursday (2 weeks later), I will call my lawyer to see if he can do anything to get them moving in one direction or the other on this. I cannot reenlist, cannot make my CSB election, cannot stab at any assignments, nor can I request to stay in Europe for another tour until this has run it's course... And we have less than 90 days left on our 15 month deployment now.
samk - In the Army's eyes, there are 3 types of discharges... Deliberate (aim at target/enemy and pull trigger), Accidental (sear failure causing runaway firing), and Negligent. As we are trained experts in weapons, anything that does not fit the two specific examples cited above is considered "Negligent". There is no gray area in the policy.
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