What kind of punishment, if any, would this soldier receive?
Would really depend on how many counseling statements he forged and what was the content of the counseling statements. It is really difficult to say what the CO will do. It could range from a general courts-martial to an Art 15. I don't think if it was an Art 15 it would less than a field grade. If I was back in my old job, and if the counseling statement did not contain anything derogatory, I would recommend a special courts-martial with BCD authority. If there are too many and/or any derogatory counseling statements it needs to be kicked up to a GCM. Remember there could be at least 2 different charges for each counseling statement he forged. In addition, I would recommend Letters of Reprimand for at least the Platoon SGT and possiby the 1SG.
I am a E4 in the us army I recently recieved a dui on base and damaged some property what will happen?
The punishment varies by unit. Had you gotten the DUI off post you could have plead guilty and the unit could not UCMJ you (double jeopardy). Since you got it on post you are subject to whatever your superiors want to do. If you were in my unit you would already be well on your way to being chaptered out of the Army. You will most assuredly receive an Article 15 though. Don't try to fight it though, you were not that concerned when you put your life and the lives of everyone else on the road at risk, take it on the chin and accept whatever punishment they put out.
Article 15 and loss of rank question.?
I was recommended for a Company Grade Article 15 - technically for disrespect of an NCO - which somehow falls under Article 92 under UCMJ (Failure to obey an order and insubordinate conduct). The article 15 went through.. I pretty much got the max punishment in every block. The issue was that i "spoke in a condescending tone to an NCO and failed to stand at parade rest until told to" - I explained that i was still enroute when i was told to stand at parade rest and i didn't refuse the order given. I also explained that his perception of my "condescending tone" was a mistake and tried making the case that i didn't intend on having a condescending tone while answering questions. Anyways i got slammed. 14 days Extra duty, 7 days pay forfeiture, and reduced from E-4 to E-3, as well as restricted to the barracks for the term of my 14 days Extra duty (which i fought against and won since i pay roughly $1500 in rent and utilities, have joint custody of my daughter and have a dog that i have NO WHERE to take). The CMDR said he had no problem giving me rank back when i proved i deserved it... fine. How long does one usually have to wait? Also.. I have the option to APPEAL this and take it HIGHER... Should i? I know that generally a MAJ is going to TRUST a CPT to make a fair judgment but i HONESTLY believe that the punishment was TOO strong for the "crime" - Also... i had two other NCOs running to the NCO and whispering in his ear saying that i've also disrespected them in the past - KEEP in mind... i have never had a negative counseling of EITHER situation that they spoke of... part of my defense was "Here-say" - which.. failed since.. the CMDR and one of the NCOs all play racquetball together.. along with the acting rear-detachment BN sergeant major... So... would it be worth it to even trying to appeal this or do i just have so many forces against me that i should just sit back and enjoy the ride? Thanks in advance for any answers.. i can provide more details if needed.
Can E7 & above and officers get restriction as a punishment?
I never saw one on restriction while I was serving so I don't know So do they get restriction like the E4 sailors who miss ship's movement or curse a superior. Or do they get some kinda other punishment since they are high ranking? Thanks I heard a rumor that a chief was in the restricted barracks once and had no power over the E5 calling the shots, but I never heard of an officer being in the restricted barracks taking orders from an enlisted member It would be nice if someone can clear up how rank and restriction works
Arrested for DUI, punished by Army, then later found not guilty, do i have any recourse against the Army?
I was arrested by civil authorities for Dui, before my case was closed the Army put a general officer letter of reprimand in my OMPF, suspended my driving privledges for a year, causing my girlfriend to quit her job to drive me around, initiated a chapter 14 discharge, relieved me of my squad leader position, and entered 2 negative ncoers into my OMPF. All the while I insisted I was innocent finally over a year later and several thousand dollars in lawyer and court fees the judge threw my case out citing there was not sufficient evidence to convict me of anything other than speeding 7 miles over. I'm still pending approval on the chapter from my brigade commander. What should I do, do I have any recourse against the Army for putting me through all this and damaging my carrer?