Boymomof3
DS#1 NROTC (2025), DS#2 USMMA (2028)
- Joined
- Nov 18, 2020
- Messages
- 529
As a mom, this is all I can think of…Thank you for your thoughtful analysis of this. I just hope all of them survive.
As a mom, this is all I can think of…Thank you for your thoughtful analysis of this. I just hope all of them survive.
“We have clear showing he sold them cocaine, no question about that. I wonder where the fentanyl is coming from?” said Judge Joseph Murphy III.
“These victims, some of them are still on a ventilator and not able to communicate,” said Denise Neuner, the assistant state attorney.
“There’s a definite link, judge, between the drugs that this man is selling to the individuals that are now on a ventilator fighting for their lives to the drugs that were sold to the undercover detective. There is a direct link that this individual is the source of supply so whether he’s selling fentanyl, cocaine, methamphetamine, or heroin is irrelevant… the fact is he is selling controlled substances that are potentially killing members of the community,” said Neuner.
I just wanted to emphasize I am in no way a JAG, just someone who has been involved with UCMJ conduct proceedings from JO to senior officer. Upon chatting with a forum friend, I realized my commentEverything below depends on the actual facts of the incident and is a general outline of what might happen if the facts warrant.
All military members must abide by the Uniform Code of Military Justice.
A full investigation will be done by USMA, as well as by the appropriate civilian police authority.
The jurisdiction over the case and any criminal charges lies with civilian authority, since it did not occur on a military base. The local DA may turn it all back over to USMA to sort out and adjudicate. Or, the case, depending if there is one, will play out in civilian court, and USMA will await its turn.
Due process will be followed; the cadets will have rights. If USMA assumes jurisdiction, the JAGs will determine what, if any, charges will be brought. They cannot duplicate charges already brought in a civilian court that led to a verdict.
The Superintendent is likely the Army court-martial convening authority of the area. The case will be examined to see if there is enough evidence to support going to trial in an Article 32 hearing, similar to a grand jury proceeding. If there is, a decision is made with regard to a court-martial. I won’t get into the differences among General, Special and Summary courts-martial, except to say the GCM is most like a civilian trial. Outcomes of courts-martial may have punishments assigned that include punitive discharges such as the bad conduct discharge and dishonorable discharge. Military members being tried at a court-martial are presumed innocent.
The Superintendent also has the option of an administrative conduct proceeding, much more streamlined. Separation can also be the outcome of these, but it would likely be a General-Other Than Honorable conditions discharge.
There are two charges in the UCMJ typically not found in civilian law, but are very handy and flexible for military cases. Informally, they are “failure to maintain good order and discipline” and “bringing discredit upon the service.” This last one is especially handy for misconduct that brings mud splatter to the Army and USMA.
More than you ever wanted to know, but there is due process. The good of the Army will be a prime factor in all decisions.
If I recall correctly, the service Secretary is the separation authority, but generally follows the recommendation of the Superintendent.
Of course, I have no official knowledge of how any of this will play out, but my comments here are based on my time on the staff of a GCM convening authority, USNA Commandant’s staff and a whole pile of cases, more cases from when I was a CO, XO and Chief of Staff, doing Article 13 Non-Judicial Punishment hearings (the administrative option), being a Summary Court-Martial authority, serving as a member of 5 GCM juries, etc.
All this is just Misconduct 101. The facts of the incident have not fully emerged, and no doubt much will not be released to the public.
Pursuant to Article 112a of the Uniform Code of Military Justice (UCMJ), anyone who wrongfully possesses, uses, manufactures, imports, or distributes certain controlled substances can be court-martialed and face up to fifteen years in confinement, among other issues.
This^"Perfection" is absent for good reason. These young men will lead enlisted men and women who have likely tripped and fallen more often and harder than their officers. May these men learn from their failure and be better leaders for it.
I salute you.Quick anecdote: I was separated from USMA 3 days before graduation for an Honor Code violation. At the time, I was the Class President, 2nd Reg Commander, ranked #3 in the class for Armor Branch (and had posted Hawaii), on the skydiving team and a "wreath guy". I was removed as Class President, busted down to a "Cadet Private" and out-processed during what was supposed to be my Grad Week. I had to call all of my family who had flights and hotels and tell them they need not come because I was not graduating.
I didn't slip through the cracks of the admissions process as a wolf in sheep's clothing (I was enlisted beforehand and came through the prep school). I was a model cadet until I made a very costly and stupid decision because of fear of ruining my stellar record (how's that for irony?).
Here's what I wish to impart with this story. I deserved to be kicked out of West Point, no question. But thankfully my leadership once I re-entered the Army (I was given the choice of going back enlisted as a non-promotable E-4 or pay back the $250K) poured into me, mentored me and re-trained me. I went on to OCS to gain my commission and finished a 20 year career, including leading soldiers downrange. Like most leaders with long careers, I keep in touch with soldiers I led who thank me on occasion for my leadership and mentorship. Know that the Army is full of soldiers like me who have made a big egregious error but can go on to have very fruitful and impactful careers when their leadership believe in them.
Also know that just because they graduate, not all SA alumni are of impeccable character. That said, I believe in the SAs and how well they accomplish their mission. So much so, that my love for West Point has never waivered. In June, we'll drop off my DS for his R-Day. He's not going there to defend me or finish what I started. He's going because he wanted it for himself. He's a great kid that is very deserving of this opportunity, but he's also a teenager that has made some boneheaded teenager choices. He's not perfect - and no one who gets dropped off on 27 June is. But I don't think there's a better place to be molded as leaders of character. I know I was, even with my transgression.
Yup, this is CONDUCT, not honor. It APPEARS to be a major UCMJ violation for at least some of the cadets involved but that is CONDUCT, not honor.Also, a few mentions of Honor Codes. Unless a Cadet lies during this investigation, it’s not an honor event. Have they compromised their integrity? Yes. Have they brought dishonor to their institution? Yes. But, have they lied, cheated or stole? None of us know that answer. I just want to clarify this point as honor and conduct (UCMJ and USMA regs) are two different things.
Wow! Just wow! Thank you for this honest reckoning. Perhaps you should be a regular speaker to all incoming SA classes.Quick anecdote: I was separated from USMA 3 days before graduation for an Honor Code violation.
I cannot believe your journey. We all make big mistakes I guess. Congratulations to your son and to you sir.Quick anecdote: I was separated from USMA 3 days before graduation for an Honor Code violation. At the time, I was the Class President, 2nd Reg Commander, ranked #3 in the class for Armor Branch (and had posted Hawaii), on the skydiving team and a "wreath guy". I was removed as Class President, busted down to a "Cadet Private" and out-processed during what was supposed to be my Grad Week. I had to call all of my family who had flights and hotels and tell them they need not come because I was not graduating.
I didn't slip through the cracks of the admissions process as a wolf in sheep's clothing (I was enlisted beforehand and came through the prep school). I was a model cadet until I made a very costly and stupid decision because of fear of ruining my stellar record (how's that for irony?).
Here's what I wish to impart with this story. I deserved to be kicked out of West Point, no question. But thankfully my leadership once I re-entered the Army (I was given the choice of going back enlisted as a non-promotable E-4 or pay back the $250K) poured into me, mentored me and re-trained me. I went on to OCS to gain my commission and finished a 20 year career, including leading soldiers downrange. Like most leaders with long careers, I keep in touch with soldiers I led who thank me on occasion for my leadership and mentorship. Know that the Army is full of soldiers like me who have made a big egregious error but can go on to have very fruitful and impactful careers when their leadership believe in them.
Also know that just because they graduate, not all SA alumni are of impeccable character. That said, I believe in the SAs and how well they accomplish their mission. So much so, that my love for West Point has never waivered. In June, we'll drop off my DS for his R-Day. He's not going there to defend me or finish what I started. He's going because he wanted it for himself. He's a great kid that is very deserving of this opportunity, but he's also a teenager that has made some boneheaded teenager choices. He's not perfect - and no one who gets dropped off on 27 June is. But I don't think there's a better place to be molded as leaders of character. I know I was, even with my transgression.