Nine CGA Cadets Removed for Cocaine possession etc

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Excellent research and info Luigi. And depending on how the JAG (Coast Guard Version) looks at this; there may not have been a true felony other than their own admittance. As such, the honor of their own confession could have lead to a simple Article 15 for Unbecoming and similar charges. We don't know all the facts; but I firmly believe in the Article 15 process. When there are crimes that are somewhat "Victim less"; as in no direct harm to another person; I believe that there can be a lot of room for leniency. But then again, I was not these individual's C.O. But apparently their commandant and JAG saw room for leniency.
 
Article 15 was a long standing joke prior to computer. Any NCO with an AR-15 in his jacket (As Kippling Said: Drunk and Rresisting the Guard) on the way to the next duty station just removed that page from his/her records. Reords were hand carried and presented to your next duty station and delivered to your next Commander sans Article -15 papers. No moron would let those papers stay in their permanent record. If this was comenserate with an Air Force Article-15 they needed an admission of guilt by the individual and a recorded confession of the violation with witnesses.:wink:
 
Luigi - your scenario makes sense. They take the 9 Cadets aside and ask the question - if they answer "No" they get brought up on Honor. Kind of between a rock and a hard place.

Consider how lucky these former Cadets are - by admitting guilt and accepting separation; they have avoided an expensive trial and expensive lawyers; they have avoided possible jail time; they have preserved their right to be eligible for Federal Financial Aid at another college and if their discharge was Honorable - they qualify for "Independent" status for federal financial aid purposes.

Christcorps - I am not so sure that parents of children who have drug addiction problems would call this a "victimless" crime.
 
Just_A_Mom said:
Consider how lucky these former Cadets are - by admitting guilt and accepting separation; they have avoided an expensive trial and expensive lawyers; they have avoided possible jail time; they have preserved their right to be eligible for Federal Financial Aid at another college and if their discharge was Honorable - they qualify for "Independent" status for federal financial aid purposes.
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The discharge was General.
 
Christcorps - I am not so sure that parents of children who have drug addiction problems would call this a "victimless" crime.
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JAM; I'm not the type who believes that because someone used/uses drugs that they automatically have a drug addiction problem. But even if you want to say they do have a problem; it is THEIR problem. As compared to the context I wrote in whereby an individual causes a crime against another person. Victim, meaning an unintended participant. But a self induced problem on oneself doesn't make the person a victim. And as for the mental condition of friends and family members of the drug addicted person being victims; sure, I guess. But I'm sure that most people understood that I was speaking of crimes committed against another person, when speaking of victims. Theft, rape, assault, are just some possible crimes whereby a victim, in my context, is part of the scenario.
 
It may be important to mention that with any discharge, there are codes that elaborate on the discharge.
 
From a more comprehensive article in The Day -
It wasn't a Captain's Mast or Article 15 at all but simple a "Commandant of Cadet's Mast" or internal hearing. This never got out of the Academy.
Either they are very lucky in avoiding the UCMJ where they could have at least been prosecuted for Conduct Unbecoming an Officer OR they were railroaded without due process.
Interesting that the Commandant declined to prosecute "in the best interest of the academy".

So we have 9 cadets who have completed two years, they don't owe the Academy anything and can transfer with all the rights and privileges of any other civilian. Their only "punishment" seems to be that they can't ever join the military again.

http://www.theday.com/re.aspx?re=a4deb88b-1639-42c9-b8dd-237ac451e083

New London— Nine sophomore cadets at the U.S. Coast Guard Academy have been expelled from the academy for using or possessing cocaine or marijuana.

All nine of the third-class cadets will receive general discharges and will be barred from ever returning to academy grounds, the academy said in a statement released today.

Four cadets did not appeal their disenrollments, three appeals were denied and two cadets, who were disenrolled Thursday, still have the option to appeal, according to the academy.

The investigation began June 29 after academy staff heard reports of alleged drug use by cadets.

Capt. John Fitzgerald, commandant of cadets, asked the Coast Guard Investigative Service to look into the matter.

The investigation revealed evidence of drug use by the nine cadets.

Cadet masts -- hearings -- were held for seven cadets on July 30 . The other two masts were held Aug. 12. All nine cadets were found to have used or possessed either cocaine and/or marijuana. The drug use was while on leave , and on academy grounds in one instance, by two cadets in Leamy Hall, during the 2008 to 2009 school year.

Fitzgerald said the academy leadership did consider additional nonjudicial punishment or courts-martial, but felt it was “in the best interests of the Coast Guard and the academy to proceed with a Commandant of Cadet’s mast,” which is an administrative hearing instead of a judicial procedure.

Eight cadets admitted to most of the drug use or possession allegations. Fitzgerald found that the ninth cadet had committed a drug offense based on other evidence, including eyewitness statements.

Coast Guard regulations state that Coast Guard members are expected not only to comply with the law and not use illegal drugs, but also, “as members of a law enforcement agency, to maintain a lifestyle which neither condones substance abuse by others nor exposes the service member to accidental intake of illegal drugs.”

“The men and women of the Coast Guard dedicate their lives every day to keep illegal drugs off the street,” said Rear Adm. J. Scott Burhoe, academy superintendent. “Illegal drug use contradicts one of our service’s most important missions and could potentially put the safety of our crews who perform the dangerous missions at risk.”

The investigation revealed other acts of misconduct by cadets. One cadet had a relationship with a subordinate cadet, against academy rules, and that cadet was disenrolled as well.

Fitzgerald said the investigation is ongoing.
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Given the fact that they are 3/c cadets, they have one year under their belts, not two.
 
What a bunch of fracking idiots....

And to think they took the slots of kids who would have killed to be there. :thumbdown:
 
Just_A_Mom said:
From a more comprehensive article in The Day -
It wasn't a Captain's Mast or Article 15 at all but simple a "Commandant of Cadet's Mast" or internal hearing.
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Sigh. :rolleyes:

Where to start with the corrections?

The "Commandant of Cadets" is a US Coast Guard CAPTAIN, therefore, when he holds a mast hearing, it IS a CAPTAIN's MAST. They do not use the term "Article 15" in the US Coast guard, it has no relevance here at all, whatsoever. The U.S. Navy and the U.S. Coast Guard call nonjudicial punishment a captain's mast (or admiral's mast) depending of the rank of the commanding officer.

Just_A_Mom said:
This never got out of the Academy.
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The matter was fully investigated by CGIS (Coast Guard Investigative Services). They do not have a branch office at the USCGA. And NJP or Captain's Masts do not traditionally go anywhere outside of the command, wherever they take place, academy or not. Historically (from over 200 years ago) a mast hearing never left the ship, where they traditionally took place.

Just_A_Mom said:
Either they are very lucky in avoiding the UCMJ where they could have at least been prosecuted for Conduct Unbecoming an Officer OR they were railroaded without due process.
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Yes, they are lucky. If you feel they were railroaded, by all means get a law degree and sign up to represent them. Everyone accused at a NJP in the USCG has the right to be represented as well as the right to request a court martial if they wish.

Just_A_Mom said:
Interesting that the Commandant declined to prosecute "in the best interest of the academy".
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I'm sure it was, as it was in the best interests of the cadets as well. If you feel denied your pound of flesh, file a complaint. Just as it was in the best interests of West Point to dismiss/disenroll cadets there for certain offenses rather than hold a formal court martial, I'm sure the Commandant used his best judgement. If you disagree, you can call him at (860) 444-8280, his name is CAPT John Fitzgerald

Just_A_Mom said:
So we have 9 cadets who have completed two years, they don't owe the Academy anything and can transfer with all the rights and privileges of any other civilian. Their only "punishment" seems to be that they can't ever join the military again.
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Sigh. They have not completed two years, these cadets are from the Class of 2012, which just began their 3/c year yesterday. They officially became 3/c cadets back in late May when the Class of 2009 graduated. They wouldn't have owed the academy anything even if they quit on their own, as it is at every Service Academy. No obligation begins until your 2/c year.

Re-read the article, it contains lots of valuable information.
 
Luigi....thank you for being so patient.


Just_A_Mom......Tact is the ability to close your mouth before somebody else wants you to. :thumbdown:
 
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Very true, which a few slight corrections.


CGIS does maintain agents at CGA, however, they are not CGA agents.

Cadets are "promoted" on graduation day, not the day they report back to school. Up until last May, these cadets were 4/c.

All members of the Coast Guard may request a Court Martial who are NOT attached to an afloat unit (this allows for NJP when a Court Martial would not be possible because they are out). In general, because NJP is NON-JUDICIAL, the results is not entirely releasable.

Patience is a virtue.
 
Luigi59 said:
Sigh. :rolleyes:

Where to start with the corrections?

The "Commandant of Cadets" is a US Coast Guard CAPTAIN, therefore, when he holds a mast hearing, it IS a CAPTAIN's MAST. They do not use the term "Article 15" in the US Coast guard, it has no relevance here at all, whatsoever. The U.S. Navy and the U.S. Coast Guard call nonjudicial punishment a captain's mast (or admiral's mast) depending of the rank of the commanding officer.



The matter was fully investigated by CGIS (Coast Guard Investigative Services). They do not have a branch office at the USCGA. And NJP or Captain's Masts do not traditionally go anywhere outside of the command, wherever they take place, academy or not. Historically (from over 200 years ago) a mast hearing never left the ship, where they traditionally took place.



Yes, they are lucky. If you feel they were railroaded, by all means get a law degree and sign up to represent them. Everyone accused at a NJP in the USCG has the right to be represented as well as the right to request a court martial if they wish.



I'm sure it was, as it was in the best interests of the cadets as well. If you feel denied your pound of flesh, file a complaint. Just as it was in the best interests of West Point to dismiss/disenroll cadets there for certain offenses rather than hold a formal court martial, I'm sure the Commandant used his best judgement. If you disagree, you can call him at (860) 444-8280, his name is CAPT John Fitzgerald



Sigh. They have not completed two years, these cadets are from the Class of 2012, which just began their 3/c year yesterday. They officially became 3/c cadets back in late May when the Class of 2009 graduated. They wouldn't have owed the academy anything even if they quit on their own, as it is at every Service Academy. No obligation begins until your 2/c year.

Re-read the article, it contains lots of valuable information.
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Exceedingly well said!!!! :thumb:

Steve
USAFA ALO
USAFA '83
 
I fully realize that I am just another ignorant female but bear with me for just a minute here .....

The article give the impression that the CGA is saying that a Commandant of Cadet's Mast (Captain's Mast, Article 15, NJP whatever you want to call it) was held and 9 Cadets were dismissed.

Is dismissal an authorized punishment under a Captain's Mast?

Additionally - one article said they were juniors and another said they were sophomores. hard to tell from the media reports.

the light punishment for these Cadets combined with this:
http://cgreport.wordpress.com/2009/...ichael-sullivan-gets-fined-for-using-cocaine/
a Captain who gets fined for using cocaine is puzzling.


Just trying to get some understanding here Luigi - I will remember that recommendation the next time you criticize an academy that isn't CGA.
 
kilovictorhotel said:
Luigi....thank you for being so patient.


Just_A_Mom......Tact is the ability to close your mouth before somebody else wants you to. :thumbdown:
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I think this is particularly rude and uncalled for. If you don't agree with me or desire to prove me wrong then state your case.
 
FYI captains mast at the Academy is not considered NJP, it is administrative action. Also there is technically no obligation for 2/c and above leaving at the Coast Guard Academy so careful before you criticize Luigi.


basically the deal was there was no hard evidence, only confessions. and due to the time it would take to go through with a court martial and the very small chance that they would actually be prosecuted the commandant decided to just get rid of them.
 
I mostly read these threads cause I am interested in the very best.
Yes I believe these kids are the very best this country has. They believe in service above self. That is what this mission is all about. ALL OF THEM. OH yes sometimes their are problems, but all the Services take care of their problems. The Coast Guard took care of theirs.

I have to say JUST A MOM you need to cool your jets, and stop being so combative. The U.S. Coast Guard can take care of all their problems, they have been around since 1790.

The Sullivan case has nothing to do with this thread. Why are you bringing it up!
Are you suggesting the Coast guard does not know how to handle their problems? Well guess what, they do!

Here is the bottom line, in the Services drug problems arise, every branch has to deal with it. Every Academy has had to deal with it, SO know one is sterile.

I served in Vietnam, just an E7. I will tell you, I saw more dope using by
troops in country then I ever would have thought. In the end it is NOT a reflection on the Service but the individual. They were weak, so they were dismissed. End of story.
 
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