**PLEASE EXCUSE ME IF THIS IS IN THE WRONG CATAGORY - I TRIED MY BEST TO FIGURE OUT WHICH ONE THIS WOULD GO IN**

(I know this is long!!! But please give it a read, please!)

Hello there all! I have this friend and he's in a spot.

He is an E5 AD army soldier, currently reclassing/TDY. He was there not more than a week when he started telling me WILD stories about the rest of his reclass bunch. Partying every weekend, ER trips for alcohol poisoning, two were even picked up for drag racing! Now I tell you that because up until last week, my friend was a "good-boy" and usually ended up babysitting the rest of the wild bunch. By the way none of them ever got in to any trouble, not with the DS or 1st sgt or even company Commander.

Well last week my friend decided to cut a little loose. He attended a concert on post and had a few beers (not drunk - but buzzed). Unfortunately for him the event quardinator did not order enough port-a-johns, so he did what several other guys were doing and used the tree line. WELL ... the MPs pick him and two other guys up for ... urinating in public. Now unlike the other two that were free to go after several hours (to enjoy the rest of the long weekend), My friend was held longer due to the fact that he had his unit issue knife on him. (A benchmade and yes he gave it up absolutely willingly). Well after the freak out to begin with the MP chill and release him to the drill Sgt. With no charges, no citations/tickets, told him he did not have to come back or to go to court.

Good right, nope ... this is where it starts to get weird because this is the first time he has gotten in ANY sort of trouble in his nine year career.

He's taken not to his barracks but to the IET's and the Female one to boot! He was told the 1st sgt said he was now "confined" to the barracks and the 1st sgt will get to him after the long weekend on Tues. So my friend sits and sits and sits until Tues., nothing ...until about Thurs. night (mind you not allowing him smoke breaks - and did I mention he has no door and all the female pvt know he's there?).

He goes up to his old room to get a change of clothes and asks one of the other reclass sgt to go make an apt with IG or JAG for him, and has another one go to the MP station to see about any paper work and his knife. The sgt that went to MP station came back and said that the MPs said there was NO paperwork and they are hold his knife in property (not evidence) and he can get it at any time. The other sgt decide to go the 1st and get the skinny and comes back and says the 1st sgt said there were indeed charges. Huh?

My friend finally gets to see the 1st sgt Friday. This guy says that the MPs have charged him with having a switchblade, a felony! Again huh? My friend did the right thing and said well since you have informed me that I have supposedly charge been charge with a felony, I invoke my right to silence and when can I go see JAG. His reply "You’re not going to see JAG until I can figure this out!"

So, back to the Female pvt barracks he went ... and wait more - he managed to get a few calls in and spoke to a guy in trail defense/JAG and he seem like you have told him down or pester him until he does something.

Well they had one more field exercise thing to do (not required though) wed- sat (one latter). He made a joke and said to me at least I can smoke outside. Well in the field, the 1st sgt cornered him and again repeated that he was being charge with a felony, no he couldn't see JAG, and yes he was still going to be confined to the barrack because he "had serious reservations" about him.

He call the JAG back and gives him the update. JAG guy said he spoke to the prosecutor and he knew of no charges or possible charges on my friend.

Fri. 1st sgt corners him again and repeats everything ... but also adds that the charge is going to be carrying a concealed weapon in a government installation (unit issues - he has the hand receipt). He tells my friend that on sat he will be brought in and give a counceling statement and read his formal reading.

It's now Sunday and he's still waiting ... But he was told to go pack and move into the Female pvt barracks for the rest of this TDY (10 more days)

--What can he do?
--How long can this 1st sgt stall in reading/or saying he's going to read this article? Can he deny him council like that? And no one will let him see the charge sheet!
--This seems very malicious too me, are there any regulations on this?
--Seem like abuse of power to me? I know he's violating TRADOC 350-6 (just can't narrow it down) for making him sleep where he is.


Please any ideas???

First, don't ask legal advice from anyone other than a lawyer.

Try to find a local lawyer who handles military cases (preferably a former or retired JAG). Many of them will do a free consultation for some free legal advice. I guarantee that the number one tip will be to hire them, but many are still honest enough to tell you what kind of trouble your friend is in and what courses of action he should take.

If you can, hire that lawyer (or your friend can hire them). There's nothing barring him from getting a private attorney, just that the JAG is free.

geez, wish I'd of thought of that way to get legally assigned a room in the female barracks!

bump

Man, what a temptation. Trying to get additional
fraternization charges I suppose. After 9 years he ought to know the UCMJ and also that artical 15 charges are 'nonjudicial' hince no JAG.
Didn't he ever see 'From Here to Eternity'?
Private Robert E. Lee Prewitt, a '30 year man'
gets in dutch with his first shirt First Sergent Milt Warden who has him dig that foxhole and then cover it up and dig it again.
And do all that running uphill with Sinatra until he goes over the hill for that nasty girl prostitute Donna Reed while all the time the first shirt is doing the beach blanket bingo with the two timing CO's unappreciated wife Deborah Kerr or ahh... I guess I digress...

http://usmilitary.about.com/od/justicelawlegislation/a/article15.htm

http://www.jag.navy.mil/documents/UCMJ%20Art%2015%20punishment%20chart.doc



(I'd bet more than surf's up!)