In front of my whole unit I got accused of something I didnt do. What are my legal choices?
2007-01-07 21:16:44 · 17 answers · asked by ulee 1 in Politics & Government ➔ Military
suck it up
2007-01-07 21:19:43 · answer #1 · answered by Anonymous · 2⤊ 0⤋
There are legal avenues. Slander and libel have the same defense, truth, and if the SGT sail something that was untrue, legal action, via the military, is suggested - but you might want to get an outside lawyer.
There are several things that people don't realize when they are in the service. No one above you in rank can hit you, call you names, tell lies about you in formation. If they do, and you retaliate with the same, or an answer, he has no defense.
There are illegal orders. If you are given an illegal order, and order you know is illegal, you do not have to obey it.
I have been stuck by an officer, actually a legal officer, and though there were officers who witnessed the thing, none of the stepped up in his defense when I adjusted his head and face. Nothing happened as a result of my beating him up and I was on one of the top ten TOP SECRET sites in the country.
2007-01-08 07:16:28 · answer #2 · answered by Polyhistor 7 · 0⤊ 1⤋
Grow up, you're in the Army and you come on to this site crying about your first sgt being mean to you. How do you think you look, or how do you think you make the Army look to all these civilians.
If you have a problem in your unit, you should know enough to use your chain of command or go see the chaplain.
Many people in here have no experience with the army and then they read your question and thats what they think the average soldier is.
Someone who complains about everything. ITS THE FREAKING ARMY, people are mean sometimes, shut the heck up and deal with your business.
2007-01-07 22:38:21 · answer #3 · answered by thejokker 5 · 3⤊ 0⤋
If you are an I.E.T. soldier still in TRADOC, you pretty much can't take any "legal action" against your 1SG. Primarily because most initial entry soldiers will complain about anything (not specifically talking about you). Also, since there is no "paper trail" to prove your complaint, you can't do anything about it. What you can do, if this continues, is type-up what occurred in a MFR (Memorandum for Record) and save it. That way, if it happens again, you have evidence that you are being repeatedly harassed by a senior NCO. You can file an E.O. complaint with your unit's E.O. representative and take it from there.
The truth is, if this was an isolated incident... drive on soldier, you're in the U.S. Army -- it happens. Don't pay mind to things like that.
Best of luck.
2007-01-07 21:57:20 · answer #4 · answered by SGT Oorah 1 · 3⤊ 0⤋
IF you are telling the truth, you still have no legal basis for action against a senior NCO. While he may have been unprofessional, he did nothing illegal as far as the military UCMJ is concerned. My advice is to suck it up. As far as I'm concerned, where there is smoke, there is fire. Even if you didn't do what he is saying, you were probably close enough to what happened to get burned. You could approach your CO. and request a transfer to a different unit but he can deny your request.
2007-01-07 23:55:40 · answer #5 · answered by SGT. D 6 · 3⤊ 1⤋
It kinda depends there. If it will negatively affect your career, I would suggest consulting your Chaplain or PSG. You have the right to address actual charges brought up against you. If your top accused you of something minor, then just deal with it.
Unless he is going to give you an Article 15 or something you will most likely be turned away if you complain about getting a tongue lashing. If it does come to the point of getting pay or rank taken, you have the right to appeal the decision.
Are you in training? If not, and if it bothers you that much, look for a transfer. If you are, then suck it up and drive on because you will probably never see that 1SG again.
2007-01-07 21:31:08 · answer #6 · answered by flyboymb 3 · 2⤊ 2⤋
You can't sue the army while you're in it. Take it up with the CSM. If he doesn't do anything, talk to the IG. If they don't do anything, talk to your congressmen. If you follow those steps, he'll be gone soon. And you cannot suffer any repurcusions from the above actions.
2007-01-08 00:02:21 · answer #7 · answered by DOOM 7 · 1⤊ 1⤋
You've GOT to be joking. You are in the military. He is a senior NCO. This is a fact of life.
Must be a really sad and pathetic day when there is this much of a lack of discipline in the military.
2007-01-07 21:50:22 · answer #8 · answered by Anonymous · 4⤊ 0⤋
Legal choices? Hmm, isn't there anyone assisting you with legal matters where you are at? Otherwise, talk to your officer- though he might not care. Some consider it to be the job of the sergeants to be obnoxious in order to cover up from the higher ups.
2007-01-07 21:52:06 · answer #9 · answered by dane 4 · 0⤊ 3⤋
Unless he is taking disciplinary action against you that would go on your permanent record or would be considered an illegal act... move on.
2007-01-07 23:17:00 · answer #10 · answered by Devil Dog '73 4 · 3⤊ 0⤋
Take it like a.... well becuase your a female ill say pog. If a enemy shoots at you you cant go runing crying to some one you have to fight back.
2007-01-07 21:28:37 · answer #11 · answered by Anonymous · 3⤊ 0⤋