OK so the first question is if I work a 24 Hour duty.. like CQ forr example... I am supposed to get an adequate amount of time following for sleep. I need a reg to be able to tell them that I dont have to work because they are making me. Second question, I am getting a court martial for assault. I am bipolar and they have known for a while because I've been on meds for like 10 months. What are my rights in this whole deal because I have searched forever and I can't do this all by myself. Please HELP ME...
2007-09-17 05:07:24 · 15 answers · asked by Laura Ann 1 in Politics & Government ➔ Military
And to add... You can tell me to suck it up all you want to, but I have tried EVERY easy way to get out since I joined because there are just some people that are not made for the military. No sense in taking the GOV money when they are doing nothing to benefit the army. Second, I am not trying to excuse my charges with my disorder. They were supposed to medically discharge me LONG ago but would rather screw me over instead.
2007-09-17 05:29:58 · update #1
Its not the fact that there is a set time. The fact is that my e7 has NEVER once made another soldier work after duty. She picks on me constantly because im working in an office where i can't WORK because i have no training on any of the programs and have been refused any. And I could never go to combat because I'm not permitted to carry a weapon because of the bipolar, so 48 hours is out of the question.
2007-09-17 05:33:35 · update #2
Pulling duty after something like CQ sucks but it happens. Remember that in combat you may be up for 48 hours (or more).
Next - about the court-martial question, talk to your lawyer.
2007-09-17 05:22:39 · answer #1 · answered by MikeGolf 7 · 1⤊ 0⤋
Time off after duty is not covered by an AR, it's usually a commander's policy. Your CO should have a copy in the CQ SOP. Most policies specify you can expect eight hours to recover, not a full day as most Soldiers expect.
Others have pointed out that SJA will advise you of your rights in reference to the assault charges. If you are getting court martialed, it's generally because you turned down an Article 15, which means you've already signed a document acknowledging you understood your rights and have insisted on a court martial. JAG will appoint you a legal advisor who will tell you what your chances are for the trial, and clarify any other questions you have. As a first sergeant, I always advised my troops to be completely honest, admit to their mistakes and poor judgment, and trust the chain of command to take that into account. You can decide if this is the way you want to go, starting with apologizing to the person you assaulted. Good luck with your case.
2007-09-17 12:27:31 · answer #2 · answered by plunderer61 2 · 2⤊ 0⤋
If you have been diagnosed with a bi-polar disorder and you have less than three years of service, then you must be discharged for a pre-existing condition which should have disqualified you in the first place. The source below is the AR for Medical Standards. The second source is the AR concerning separation for your condition. There is no regulation concerning adequate amount of off-duty time after standing a watch or duty. I was awake and on duty during several periods in my military career.
2007-09-17 15:02:11 · answer #3 · answered by desertviking_00 7 · 1⤊ 0⤋
It sounds to me as if you're tired of playing the game and want to go home.
As for the long hours... it happens. There have been times in my military career when I've been required to operate on no more than 4 hours of sleep in a week. And those circumstances were quite stressful and physically demanding. The fact that you have time to sit at a computer would indicate that you're not sleep-deprived.
Assault is assault. The bipolar deal is mitigated by the fact you were supposed to be on medication.
Relax, if you're lucky, your court martial could result in getting kicked out of the service. If they don't, I'd suggest you not re-enlist.
2007-09-17 12:47:40 · answer #4 · answered by gugliamo00 7 · 2⤊ 0⤋
If you are bipolar the should have moved to get a medical discharge long ago. What does your JAG lawyer say? Have you had your Article 32 hearing yet? Normally in your case they would just kick you out.
As for the 24 hour duty, there is no such reg. The normal practice is to give enlisted the next day off, but they do not have to.
2007-09-17 12:32:36 · answer #5 · answered by Chris 5 · 1⤊ 0⤋
You should talk to your legal department. They will inform you of your rights in this. Unfortunate that there are not many. I believe that there is no set time for rest after duty (I was Navy so the regs are a little different) But the Assault charge is not going to go away because you are bi-polar, if you have been prescribed medication for it, being bi-polar will not be a good defense, because the medication is supposed to remedy that.
2007-09-17 12:19:58 · answer #6 · answered by kerfitz 6 · 1⤊ 0⤋
Laura: Go to the MOS Library and ask for the regulation covering DA6 and recovery from duty. Explain to the librarian what you are trying to find.
As far as the assault, your condition does not excuse your actions. Assault is still a crime regardless of that psychological condition. The meds are supposed to help you control that but you are still responsible for your actions and probably should be discharged for the condition, medically if you get out of the assault charge.
See your legal advisor (the Army will provide you one) concerning your rights. You have the same rights as if you were arrested as a civilian. (Not to testify against yourself, to remain silent, to legal counsel, etc.) Sounds like you should exercise them.
2007-09-17 12:17:35 · answer #7 · answered by John T 6 · 4⤊ 0⤋
Do you have AKO? If so, log-in, go to search and type in AR. You would have to download a webpage. Simply follow instructions.
With, Duty, you are entitled to 8 hrs rest period. There is a calculator, you would have to look it up. As for the Court Martial, you should be assigned an Military Attorney, under Title 32 or there off, tried by your peers @ NCO, Enlisted, etc..
2007-09-18 09:16:16 · answer #8 · answered by Mephisto 5 · 0⤊ 1⤋
Did you not say in a pledge that you will obey all orders and officer appointed over you? If you have bipolar you should seek medical advice! not regulations. As a retired soldier in vietnam i lost a lots of sleep. Be proud be glad and think that you are still a live.
2007-09-17 12:33:07 · answer #9 · answered by T. W I dont agree bodies fly w/ 1 · 2⤊ 0⤋
I would think that if you are really bipolar in the Army, that you would be getting a medical discharge. Talk to you supervisor to go through the chain of command. Good luck.
2007-09-17 12:17:04 · answer #10 · answered by Merl 3 · 2⤊ 0⤋