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About to get violent... LONG!

Posted by on Feb. 9, 2011 at 3:41 PM
  • 33 Replies

 Alright ladies, this is going to be a long one so please bear with me. I've tried to keep it to myself and now I'm freaking the hell out, stressed and panicking. I know, bad for the baby...

A little backstory before I give you the reasons: A year and a half ago, my husband applied for leave repeatedly and his leave kept getting denied. Again and again. Finally, I went to figure out what the hell was going on and discovered that the 1SG was denying leave, something that he is NOT allowed to do. The approval or deniable authority is the commander alone, the 1SG can only RECOMMEND disapproval. So, after the 4th reasonless disapproval, hubby went to the commander. Ever since then, he's been blacklisted for whistleblowing. Now, on to the issue:

My husband is being barred from reenlisting. Under the most bogus, stupid, craptastic reasons.

For "not keeping up with his peers" despite the fact that he's only been an NCO for a year and he got deployed right after making E-5, didn't get to go to WLC, and then tossed on nightshift ALONE, with no one to guide him. He has had ONE NCOer and it was not the greatest. Then because he was late at the beginning of the deployment, ONCE. He was just adjusting to sleeping during the day and working at night and he overslept. ONCE. And finally because there was a mouse in his room that he got traps for and killed. The mouse was already there when he moved in on December 24th, he discovered it several days later, got traps and killed it. He got punished, his roommate who had been living with the mouse and had even been BIT by the fucking thing, did not.

Now, being a former S-1, when I heard this, I ran to get the reg and start reading up on it. AR 601-280 chapter 8, in case anyone else wants to read up on it. First thing I discovered, the BOR is NOT to be used as punitive action, it is a rehabilitative action. They can't use it to punish him because they don't like him, in other words. (Paragraph 8-2) Then I discovered the rebuttal process and the appeals process. I didn't understand it entirely, so I went to my husband's Rear D retention to have it further explained to me. She explained everything, was as sweet as could be, gave me some pointers and ideas on how to do things. So kind.

Then, my husband informs me today that he was read his bar today, citing the reasons I gave you. And the CO said to him that my husband in no uncertain terms that he wanted my husband out of the Army, period.

He, then, informed my husband that he had until "tomorrow" (tonight for us because they're still in Afghanistan) to type up his rebuttal. When the regulation states clearly that he has 7 days to prepare his comment. When informed of this, the CO ignored him. My husband also has 7 days AFTER the bar is approved by the BN CO to file his appeal, per paragraph 8-5b.

My husband has, also, attempted to use the CSM's open door policy in an effort to locate someone who could help him with all this, and was told no. I was advised by the retention NCO that he go see the CSM for advice, because she knows he is a very Solider-oriented individual. So I told him this and he was refused.

My question: Am I wrong for advising him to go see IG now? This commander is flouting the regulations set in place and is making up his own rules, not to mention he is choosing on whom he will enforce these new rules. He already has an enormous bullseye painted on his back, is there anything else they can do to him at this point?

I have, also, offered to call Chip. He is a close family friend and the aide of Rep. Dennis Cardoza from California. Is it time to get Congress involved?

ETA: My husband sent me a template memorandum so I could type up his rebuttal all professional and neat. I just opened it up to start typing and discovered it was a memorandum stating that my husband would be ETSed from the Army before his CIF items would return to Ft. Campbell. It was dated 6 January. MEANING they have been doing his paperwork BEFORE the bar was even initiated to boot him out. They aren't even giving him a chance!!!




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by on Feb. 9, 2011 at 3:41 PM
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Replies (1-10):
Love2BaMom77
by on Feb. 9, 2011 at 3:49 PM

Girl I say take it to the top.  Apparently his direct chain of command has it in for him and its time to go over all their heads and get some resolution.  If this means going to your congressman then do so.

Armygrl1
by on Feb. 9, 2011 at 3:59 PM

Well as someone in a command position I can say that it is hard to give accurate advice without knowing the entire situation from both sides, however from the Information that you have provided, I would say that the issue is definitely in need of a intervention from an outside party. I would encourage you to have hm attempt to utilize the CSM's open door policy, Keep in mind an ODP is just that Open , not to picked and chosen who can use it, If the direct command refuses to let him see the CSM and the procedures were followed correctly then I would tell you to have him inform his 1SG and Commander through proper channels of course that he will be contacting IG. Opening a Congressional is a last resort, It can be very beneficial but all other resources need to be attempted first, Besides a Bar is not the end of the world, It can be lifted easily.

spcjones203
by on Feb. 9, 2011 at 4:04 PM

 It can be, but they are refusing to give him the review periods to get the bar lifted. He is scheduled to ETS in May of this year. They are not giving him the time to prove that he doesn't need to be barred, that he can do the job and do it beyond the Army standards. The commander stated to my husband flat out that he wants him OUT of the Army, period.

And he followed the proper procedures and was told that he could not see the CSM.

Quoting Armygrl1:

Well as someone in a command position I can say that it is hard to give accurate advice without knowing the entire situation from both sides, however from the Information that you have provided, I would say that the issue is definitely in need of a intervention from an outside party. I would encourage you to have hm attempt to utilize the CSM's open door policy, Keep in mind an ODP is just that Open , not to picked and chosen who can use it, If the direct command refuses to let him see the CSM and the procedures were followed correctly then I would tell you to have him inform his 1SG and Commander through proper channels of course that he will be contacting IG. Opening a Congressional is a last resort, It can be very beneficial but all other resources need to be attempted first, Besides a Bar is not the end of the world, It can be lifted easily.

 




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Sara.Worthey
by Gold Member on Feb. 9, 2011 at 4:06 PM

I say, get him to get a hold of IG stat, hold off on the congressman until IG has had time to work.Congressional is a big deal, but I would use it if IG doesn't accomplish anything.

Zuryplus3
by on Feb. 9, 2011 at 4:09 PM

BUMP!

spcjones203
by on Feb. 9, 2011 at 4:10 PM

 And just one other note to add to all this...

How does having a mouse in poorly constructed living conditions make him incapable of being an NCO and being a good Soldier? There was an epidemic of mice throughout the entire place they were at in Afghanistan, everyone had them. They'd kill them, the mice would move to another area and be killed there, then the survivors would move on to a new area! My husband killed his mouse immediately and proceeded to clean his entire room thoroughly to ensure there were no droppings left behind.

There are no mice here at our house! Our house is clean and neat and well-organized if not a little bizarre...




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usmclife58
by Nikki on Feb. 9, 2011 at 4:11 PM

This!! Lots of luck to him!!!

Quoting Sara.Worthey:

I say, get him to get a hold of IG stat, hold off on the congressman until IG has had time to work.Congressional is a big deal, but I would use it if IG doesn't accomplish anything.



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Maddies_mom101
by on Feb. 9, 2011 at 4:15 PM

BUMP!

gingerwife
by on Feb. 9, 2011 at 4:23 PM

How did you "went to figure out what the hell was going on" in the first place?

pittawadda
by on Feb. 9, 2011 at 4:26 PM
We had to do a congressional when we weren't paid BAH for a year. Nice back pay except everything else was f'ed. IG is a good step, we had to move up and we got paid within a week. Good luck
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