U.S Army General court-martialed

Discussion in 'Academy/Military News' started by Polaris, Oct 18, 2012.

  1. Polaris

    Polaris Member

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    Brig. Gen. Roger B. Duff, former commander of the 95th Training Division, on June 8. Duff pleaded guilty to two charges of false official statement, conduct unbecoming and seven charges of wearing unauthorized badges, awards, or ribbons. A military judge sentenced Duff to two months confinement and a dismissal, which is not final.

    BG Duff was caught wearing unauthorized decorations, to include the Bronze Star for Valor and Purple Heart.

    Besides the combat awards, BG Duff outfitted himself with the Pathfinder Badge, Master Parachutists Badge, Combat Infantryman's Badge (2nd Award), the Iraq Campaign Medal, Afghanistan Campaign Medal, and Southwest Asia Service Medal. None of them deserved.

    BG Duff was retired as a major.
     
  2. flieger83

    flieger83 Super Moderator Moderator

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    Official Army sources said:

    In June, Brig. Gen. Roger B. Duff, a former commander of the 95th Training Division, pleaded guilty to two charges of false statements, two charges of conduct unbecoming, and seven charges of wearing unauthorized badges, awards or ribbons. Duff was sentenced to two months confinement and dismissal but, because of a pre-trial agreement, only the dismissal could be imposed. Duff’s sentence has not been finalized.

    FYI...if an officer is DISMISSED, then they are not retired. If an officer is "dismissed" after conviction at General Court Martial, the "dismissal" carries the same weight and in most cases all the same legal ramifications of a Dishonorable Discharge. Also, a court martial cannot reduce an officer in rank, on the Secretary of that service can do that.

    As they said "Duff's sentence has not been finalized..." nothing has been "written in stone" yet. But if this holds, he's out, no retirement, no benefits, nothing other than a felony record and scorn.

    Steve
    USAFA ALO
    USAFA '83
     
  3. Polaris

    Polaris Member

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    I suggest you read title USC 10 Ch 59

    (a) No commissioned officer may be dismissed from any armed force except—
    (1) by sentence of a general court-martial;
    (2) in commutation of a sentence of a general court-martial; or
    (3) in time of war, by order of the President.
    (b) The President may drop from the rolls of any armed force any commissioned officer
    (1) who has been absent without authority for at least three months,
    (2) who may be separated under section 1167 of this title by reason of a sentence to confinement adjudged by a court-martial, or
    (3) who is sentenced to confinement in a Federal or State penitentiary or correctional institution after having been found guilty of an offense by a court other than a court-martial or other military court, and whose sentence has become final.

    The court martial can reduce the individual in rank and retire them. We do not know the details of his court martial. He could have been given an OTH, as the hearing and findings were in in June 2012, current information shows that he was retired as a major.
     
  4. Polaris

    Polaris Member

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    By the way he waived his retirement benefits.
     
  5. LineInTheSand

    LineInTheSand USCGA 2006

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    Well.... that was dumb.
     
  6. Polaris

    Polaris Member

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    By waiving his retirement benefits, Duff got to avoid time behind bars and retire as a major.
     
  7. scoutpilot

    scoutpilot Member

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    Stiff sentence in comparison to what COL Johnson III received for his theft of $300,000 and various other crimes. He'll retire as a Colonel with benefits.
     
  8. Polaris

    Polaris Member

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    Retire as a LTC and his ex-wife will get half his retirement pay.
     
  9. flieger83

    flieger83 Super Moderator Moderator

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    Well...since you want to play JAG, and I'm always in favor of being educated (I try to learn at least one new thing every day) I did precisely what you "suggested."

    Here's what I found:

    §1161. Commissioned officers: limitations on dismissal
    (a) No commissioned officer may be dismissed from any armed force except—
    (1) by sentence of a general court-martial;
    (2) in commutation of a sentence of a general court-martial; or
    (3) in time of war, by order of the President.

    (b) The President may drop from the rolls of any armed force any commissioned officer (1) who has been absent without authority for at least three months, (2) who may be separated under section 1167 of this title by reason of a sentence to confinement adjudged by a court-martial, or (3) who is sentenced to confinement in a Federal or State penitentiary or correctional institution after having been found guilty of an offense by a court other than a court-martial or other military court, and whose sentence has become final.
    (Aug. 10, 1956, ch. 1041, 70A Stat. 89; Pub. L. 104–106, div. A, title V, §563(b)(1), Feb. 10, 1996, 110 Stat. 325; Pub. L. 104–201, div. A, title X, §1074(a)(5), Sept. 23, 1996, 110 Stat. 2658.)
    Historical and Revision Notes
    Revised section Source (U.S. Code) Source (Statutes at Large)
    1161(a) 50:739 (words before semicolon, less applicability to Navy and Marine Corps warrant officers). May 5, 1950, ch. 169, §10 (less applicability to Navy and Marine Corps warrant officers), 64 Stat. 146.
    1161(b) 50:739 (less words before semicolon, less applicability to Navy and Marine Corps warrant officers).
    In subsections (a) and (b), the word “commissioned” is inserted since, for the Army and the Air Force, the term “officer” is intended to have the same meaning in 50:739 as it has in the Uniform Code of Military Justice (article 4). For Navy warrant officers see section 6408 of this title.

    In subsection (b), the words “from his place of duty” are omitted as surplusage. The words “at least” are substituted for the words “or more”. The words “by a court other than a court-martial or other military court” are substituted for the words “by the civil authorities”.

    Amendments
    1996—Subsec. (b). Pub. L. 104–201 substituted “section 1167” for “section 1178” in par. (2).

    Pub. L. 104–106 struck out “or” after “three months,”, added par. (2), and redesignated former par. (2) as (3).

    You'll note it says nothing about retirement, simply dismissal; the "where's and why's and how's." But then I kept digging...

    Reading the "Manual for Courts Martial, 2012, Rule 1003: Punishments" I find all the punishments afforded to a court martial. Reduction in grade is mentioned, and I quote: R.C.M. 1301(d), a court-martial may sentence an enlisted member to be reduced to the lowest or any intermediate pay grade, But not an officer.

    Then in referencing the portion of available "actions" for the Secretary and President (POTUS, not of a court), Rules 1206 and 1207 would apply. Again, no reference to demotion of a commissioned officer.

    So barring any other information (and I'm open to being educated here) I'm going to go by past experience on 12 courts martial that I've sat. Now I do know of a few officers that were found guilty under Article 15 of the UCMJ and were allowed to retire rather than face court martial. But in those cases, the Service Secretary stepped in and determined that the officer hadn't served "honorably" in certain grades and reduced their retirement grade. The most notable is that of former Major General Thomas Fiscus.

    10 USC applies there but a different chapter: According to 10 USC § 1370, an officer retires "... in the highest grade in which he served on active duty satisfactorily, as determined by the Secretary of the military department concerned ..." Pursuant to this statute, the Secretary of the Air Force determined that colonel was the highest grade in which Fiscus served satisfactorily. Fiscus served as a major general for the remainder of his active duty tenure, but was placed on the retired list on February 1, 2005 in the grade and pay of colonel. (Thanks to Wiki for immediate reference).

    Steve
    USAFA ALO
    USAFA '83
     
  10. flieger83

    flieger83 Super Moderator Moderator

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    Forgot...I'd love to see your source for this information because I wasn't able to find it. And like I said, I'm always open to learning!!!

    Thanks!!!

    Steve
    USAFA ALO
    USAFA '83
     
  11. scoutpilot

    scoutpilot Member

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    Have not seen anything in a verdict report regarding a loss of rank. Got a link?
     
  12. scoutpilot

    scoutpilot Member

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    Yes, I would be interested as well. Never seen anything in UCMJ regarding officer rank reductions, though I am admittedly not the best student of the law.
     
  13. Polaris

    Polaris Member

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    Maj. Gen. John J. Maher 3rd was reduced in rank to colonel.
     
  14. Polaris

    Polaris Member

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  15. Polaris

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    Lt. Gen. Mark Hertling, commander of U.S. Army Europe, recommended that Johnson, with more than 26 years in the Army, be reduced to the rank of major.
     
  16. scoutpilot

    scoutpilot Member

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    Thanks for the link.

    And the board went easier on him than recommended...go figure. :rolleyes:

    It destroys any faith our soldiers have in the system when officer misconduct is treated differently. If anything, officers should be hit harder.
     
  17. LineInTheSand

    LineInTheSand USCGA 2006

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    No fun being a retired major with out the retirement....

    Trying to explain that is like listening to the excuses of cadets or midshipmen who were kicked out, explain what happened 10-20 years down the road.
     
  18. flieger83

    flieger83 Super Moderator Moderator

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    You'll note that the reductions were NOT done by a court martial, but by admin boards. That's explained in the USC and MCM.

    Steve
    USAFA ALO
    USAFA '83
     
  19. Aglahad

    Aglahad Member

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    Considering COL Johnson's connections and legacy I can see why they were easier on him (Not saying that vindicated him a little bit or anything).

    Duff got the book thrown at him.

    http://www.ndu.edu/capstone/docUploaded/CONUS.pdf

    Ctrl F his name and you can read a bio and view a picture of him with said awards. There is even a written statement stating his awards....sad
     
    Last edited: Oct 18, 2012
  20. Polaris

    Polaris Member

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    Regardless, BG Duff was reduced in rank to major.
     

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