A SSG is suing an NCOIC for viewing their ERB claiming that it violated the privacy act of 1974. The SSG did not use the chain of command but instead filed in small claims court for monetary damages. Is this legal? What regulation covers active duty suing another active duty?
2006-07-12 12:41:49 · 9 answers · asked by TIM 1 in Politics & Government ➔ Military
First, one person can sue another for almost anything. Look at all the frivolous suits in courts these days. The real question is can he win?
For those who do not know, The ERB is the Enlisted Record Brief and it is the short form of a military enlisted person's records. It does contain information that is normally kept confidential, such as social security numbers. The Privacy Act of 1974 is a federal law (and that is the name of it) that regulates, among other things, what a person can do with confidential information and when a social security number must be divulged.
From the description given (and I must admit that this is not much of a case briefing), there is a possible federal civilian violation as well as possible military regulations violated. The regulation violations must be dealt with by military authorities and the suit cannot cover that.
I am not sure off-hand if the Privacy Act allows for this type of private suit or not. I do know that for any civil suit to succeed, the plaintiff must show some form of damages. Was there something the NCO did with the information that damaged the E-6 (and yes, I know both are NCO's but this gives me a way to refer to them and keep them identified). Lacking that, the NCO can get the suit dismissed fairly easily.
One of the few smart parts of this is using small claims court for this. It usually (not always) rules out attorneys and the NCO probably does not know enough about the procedures and laws to fight the case properly.
But all of the above is conjecture and legal advice received over the Internet is usually worth a lot less than what you paid for it.
2006-07-12 14:31:27 · answer #1 · answered by Steve R 3 · 3⤊ 1⤋
Sounds like the SSG is looking for money.
The ERB is the SSG military record. The NCOIC (presumably the SSG's NCOIC) is authorized to view the ERB. Since this will contain information prevalent to awards, promotions, etc, it needs to be viewed/reviewed.
The Privacy Act of 1974 only protects against the release of private information to third parties.
The SSG is an idiot.
2006-07-12 19:18:10 · answer #2 · answered by My world 6 · 1⤊ 0⤋
Sounds to me like the SSG is a moron.
There is a thing called the 'military shield law' that protects service members from being sued for 'on duty' acts.
How did she ever make E6? (They must have dropped the standards a lot since the day I made my '6.)
2006-07-12 14:40:26 · answer #3 · answered by MikeGolf 7 · 1⤊ 0⤋
That's the dumbest thing I've ever heard. You can't sue in civilian court for a regulations issue proceeded by UCMJ. The court will throw it out cause they don't have jurisdiction & it'll piss off the military something fierce. Go to chain of command, followed by CSM, followed by IG/legal. If this is someone you know go smack them upside the head & tell them not to do the stupidest thing they've ever done in the srvice.
2006-07-12 13:43:12 · answer #4 · answered by djack 5 · 0⤊ 0⤋
well jack a$$ both are noncoms. Non commissioned officers. who are you trying to fool. one is a E-6 the other we do not know. and what privacy act? what was is called. usually a persons name. or a number. are you trying to be stupid.
2006-07-12 12:48:51 · answer #5 · answered by mike67333 6 · 0⤊ 0⤋
military cannot sue military, use JAG and IG to solve the issue
2006-07-13 05:50:33 · answer #6 · answered by Moral Maverick 3 · 0⤊ 0⤋
Absolutely not.
2006-07-12 12:51:32 · answer #7 · answered by Vagabond5879 7 · 0⤊ 0⤋
I don't even know what you are talking about!!!
2006-07-12 12:44:18 · answer #8 · answered by candace 4 · 0⤊ 1⤋
idk....
2006-07-12 12:44:00 · answer #9 · answered by Mr.No-It-All 5 · 0⤊ 0⤋