My husband didn't realize he had left a peice of semi-sensitive equipment in a bag he left home from R&R from Iraq. He asked me to look and I found it, but now they are threatening him court martial. It was an honest mistake and when we figured out he had it here, we promptly gave it back. My question is do they have grounds for these kinds of threats or are they just trying to scare and harrass him because they think he did soemthing shady? He is new to the unit he is in and to the Army. We are hard-working parents of 4 children and he is a good soldier serving in Iraq...please sincere answers only.
2006-09-07 13:30:33 · 12 answers · asked by ? 4 in Politics & Government ➔ Military
I don't exactly know what qualifies as semi-sensitive (controlled?) but I worked with sensitive items all of my career. It really just depends on how far the Army or his commander wants to push this. The equipment was recovered which is good. He admitted fault and didn't try to get out of it (i hope)...good. Many soldiers accidently take stuff home with them. It is rare but I saw a lot of guys accidently bring back some crazy crap from Iraq. Point being this kind of stuff happens everyday. It will normally entails some sort punishment to what degree I don't know but as long as he doesn't have a lot of rank which it doesn't sound like he does the he should be able to recover from this. Don't go getting lawyer unless it is necessary. This does not sound like a court martial type offense maybe he is looking at an Article 15. The Army would probably waste more time, energy, and money frying him than it is really worth since they technically did not lose anything. Since he is new to the Army and the equipment wasn't lost for good, then he should be able to "weather the storm." Good Luck.
2006-09-07 17:29:09 · answer #1 · answered by SL 3 · 1⤊ 1⤋
(1) Nothing is "semi-sensitive". If it's sensitive equipment, it's a controlled item with a serial number that has to be tracked constantly. Losing one of those things is a big issue.
(2) How did you "give it back" if he's in Iraq? Did you give it to the rear detachment to send via official mail? If it's not in his hands, it's still good as lost because the Company XO can't verify its status until it's physically present.
(3) He's getting an Article 15, no doubt about it. UCMJ doesn't mean full Court Martial. Your husband is going to probably lose a bit of time and do some outdoor work at the very best end, or lose pay and rank on top of that at the worst. However, 4 kids are a mitigating factor that may enable him to keep the pay (but possibly still lose the rank).
(4) Your husband screwed up, make no doubt about it. If he didn't inventory his gear before leaving for R&R, he screwed up. That doesn't make him a failure, but that does demand punishment by the book.
(5) Of course they have grounds for those threats. If I snuck NVGs or a PLGR into my duffel bag and left it home on R&R, I'd be an E-0 on sandbag detail for the rest of my natural life. Whatever he did beforehand in terms of hard work goes out the window.
(6) Your husband will survive. It's not as bad as he may make it sound over the phone or you may dream. There is nothing you can do at this stage, really. It's upto your husband and JAG. If for some reason his Chain of Command is out of whack and threatening to boot him out entirely, then he has time for a Congressional. Let him handle it.
2006-09-08 04:40:08 · answer #2 · answered by Nat 5 · 0⤊ 0⤋
Your consulting a lawyer will not help unless it does actually come to a court martial. Has he had his rights to him yet? If the commander is actually serious about punishment he will read your husband his rights and the Army will provide him with legal counsel before legal actions proceed. I'm retired Army, I can honestly say I did some stupid things 22 years ago when I first came in the Army. The good thing was I learned from my mistake and never did stupid shlt again. They may be trying to scare your husband. It's up to the commander to decide what the punishment might be. Depending on how serious the offense is he might not have a choice on whether to give a simple Article 15, Court Martial or to do nothing at all...
Most commanders are not too excited about issuing out UCMJ and drawing attention to their unit. Sounds like the Army has its property back, maybe if your husband is a good troop the punishment might be light...
2006-09-07 21:01:14 · answer #3 · answered by Anonymous · 0⤊ 0⤋
yes, they do. your husband had a responsibility to ensure the equipment was properly secured. It should NEVER have left the country in the first place. He has now shown his new Command that he is untrustworthy and now he needs to earn it back.
Take it as a lesson learned and resolved to not make the same mistake twice.
2006-09-07 21:50:32 · answer #4 · answered by Mrsjvb 7 · 0⤊ 1⤋
Honest mistake or not, he took equipment that he was not supposed to...so he may be liable for criminal charges.
I would ask in writing that if charges are to be brought, that they be done so promptly so that he can get legal aide and defend himself. Otherwise, they are just "holding it over his head".
Also, who are THEY? Rank officers or Non coms?
2006-09-07 20:42:33 · answer #5 · answered by DJ 7 · 0⤊ 0⤋
Unfortunately, they do have grounds for a court martial. The question that needs to be answered is why did he take it out of the country? I am sorry to hear of your situation. Good luck to both of you.
2006-09-07 22:06:37 · answer #6 · answered by armywifetp 3 · 0⤊ 1⤋
dont mean to scare you but yes he will if they put roger (SEAL TEAM 6) IN PRISON OVER NOT log n all rounds used during practice and turn around and say he stole them then yea their going to court martial green boots over recovered toy. THE FACT IS HE BROUGHT IT HOME AND THE SAD THING HE KNEW WHERE IT WAS AND WAITED UNTILL THEY ASKED FOR IT BACK UNTILL HE GAVE IT BACK GUILTY GUILTY GUILTY GUILTY. AND THE MILITARY DOES NOT GO EASY ON THEIVES
2006-09-07 20:37:19 · answer #7 · answered by Anonymous · 0⤊ 0⤋
lie to yourself ,don't lie to us-HE PACKED HIS BAG TO COME HOME,not you ,not his buddy,HIM ,when he unpacked his bag and found it he should have contacted his unit ASAP.then he packed again to return to theater of operations and conviently forgot said piece of equipment,coincidence,i think NOT!if he loved you and the FOUR kids he would not risk career and FREEDOM over some stupid army equipment!
2006-09-08 00:46:36 · answer #8 · answered by badmts 4 · 0⤊ 0⤋
Contact Legal Assistance. That's what they're there for. Make sure you have as much documentation as possible, and good luck.
2006-09-07 20:34:57 · answer #9 · answered by The_Cricket: Thinking Pink! 7 · 0⤊ 1⤋
That would depend on just what it was.......he needs to plea his case...... he traveled home with it...then left it at home?...then called you to look for it? Army..or USMC..other?
2006-09-07 20:36:24 · answer #10 · answered by ? 6 · 0⤊ 0⤋