U.S Army General court-martialed

Link please?

Steve
USAFA ALO
USAFA '83

from an active duty source who was at the court-martial.

Duff cut a plea bargain. The last time he wasn't wearing unauthorized decorations was as a major.
You know the reg about retiring "at the last grade satisfactorily served in."

Duff was facing 60 days incarceration, so that was dropped when he waived his retirement benefits.


Why do you doubt what I post?
 
Link please?

Steve
USAFA ALO
USAFA '83

2/22/2010 - WASHINGTON (AFNS) -- Col. Michael D. Murphy, a former judge advocate who was disbarred and convicted by general court-martial, will be retired from the Air Force effective April 1.

A commissioned officer is retired in the highest grade in which he served satisfactorily. He will be retired in the grade of first lieutenant.
 
2/22/2010 - WASHINGTON (AFNS) -- Col. Michael D. Murphy, a former judge advocate who was disbarred and convicted by general court-martial, will be retired from the Air Force effective April 1.

A commissioned officer is retired in the highest grade in which he served satisfactorily. He will be retired in the grade of first lieutenant.

This has nothing to do with Gen Duff. I ask only because in contacting official US Army sources, I find nothing about his being "retired" at all; quite the contrary, I find him being "dismissed." That means no retirement, no benefits, nothing.

So that's why I'm asking.

Steve
USAFA ALO
USAFA '83
 
10 USC § 1370 - Commissioned officers: general rule; exceptions

(1) Unless entitled to a higher retired grade under some other provision of law, a commissioned officer (other than a commissioned warrant officer) of the Army, Navy, Air Force, or Marine Corps who retires under any provision of law other than chapter 61 or chapter 1223 of this title shall, except as provided in paragraph (2), be retired in the highest grade in which he served on active duty satisfactorily, as determined by the Secretary of the military department concerned, for not less than six months.


http://www.law.cornell.edu/uscode/text/10/1370
 
News/Navy
Do fired Navy COs suffer from 'Bathsheba Syndrome'?
By WYATT OLSON
Stars and Stripes
Published: March 14, 2012
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YOKOTA AIR BASE, Japan — The U.S. Navy has sacked more than 150 commanding officers for misconduct in the past 10 years. Five COs have already been fired this year, including the dismissal Monday of the commander of an amphibious transport dock that had not yet even been commissioned.
So how can the Navy abate this steady tide of offending COs? Perhaps by asking, “What would David do?”
That’s King David, he of Old Testament legend and famed for toppling the giant Goliath. But the all-powerful leader of ancient Israel is also known for a stunning moral lapse in which he sent one of his soldiers to certain death in order to possess the man’s wife, Bathsheba.
That might seem an unlikely cautionary tale for the military to embrace, but the so-called Bathsheba Syndrome has gained currency in the U.S. Navy in the past couple of years as it attempts to curtail commander misconduct.
“The Bathsheba Syndrome: The Ethical Failure of Successful Leaders,” published in a business journal in 1993, asserts that the ethical failure of powerful leaders is often not the result of an individual’s low morals, but the byproduct of success.
“Any time someone is promoted into a leadership position, it can engender a sense of privilege, a sense of power and ability to ‘cover my tracks,’ ” said Dean Ludwig, a co-author of the article that coined the term and now a professor in the Department of Business and Leadership Studies at Lourdes University in Ohio.
“It’s very common that leaders can fall into that trap, believing they can get away with things for that reason,” he said.
Although the article was geared toward private business, Navy leadership has come to embrace the concept as at least a partial explanation of command misconduct.
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The Bathsheba Syndrome is now integrated in the Navy War College’s ethics portion of the Major Command Course, a one-week program for officers going into O-6 command level, according to Martin L. Cook, an ethics professor at the college. The concept is also included in a course for junior officers — typically lieutenant commanders — who will likely have one more tour before assuming a command in a couple of years.
Vice Adm. James Wisecup, now the Naval Inspector General, was president of the War College until April 2011 and became so enthusiastic about the concept of Bathsheba Syndrome that he sent a copy of the article to Adm. Gary Roughead, the chief of naval operations at the time, Cook said.
“Roughead liked it enough to send it to all of the flight officers in the Navy,” Cook said. “I think it’s continued to circulate at that level quite a bit.”
The Navy’s interest in the Bathsheba Syndrome also flows from a 2010 Navy Inspector General’s Office review of the 80 instances of commanders relieved of command for misconduct from January 2005 to September 2010. One-half of those were for adultery, inappropriate relationships, harassment or sexual assault.
While the review didn’t discover any systemic reasons for misconduct, it did find several “significant contributing factors,” among them the Bathsheba Syndrome. In cases of personal misconduct, the review concluded, “COs either did not possess the insight into their motives and weaknesses to prevent them from knowingly engaging in unacceptable behavior or they felt that they had the power to conceal their misdeeds.”
The report recommended development of a career-long “leadership training continuum,” improved oversight by immediate superiors-in-command, and enforcement of existing requirements of job performance reviews of commanders.
The Navy did not respond to repeated requests by Stars and Stripes for comment on the findings of the IG report.
Donelson Forsyth, a professor with the Jepson School of Leadership Studies at the University of Richmond in Virginia, said social psychology experiments have repeatedly found that even morally virtuous people, put in a position they aren’t properly trained to handle, will act immorally.
One of the paradoxes of leadership, Forsyth said, is that power has an upside and a downside. “When people feel powerful, they become physically and socially more active — they tend to act rather than react,” he said. Power enhances “executive functioning,” helping leaders plan, decide and set goals more quickly and efficiently. “So they are more likely to reach the goals they set for themselves and for their unit,” he said.
Then there’s the dark side.
“Powerful people feel that they are entitled, that they get more of the group’s resources and that the rules the group has established for the rank-and-file members do not apply to them,” Forsyth said.
“When individuals gain power, their self-evaluations grow more favorable, whereas their evaluations of others grow more negative,” he said. “In some studies powerful people lose their ability to anticipate other people’s reactions to their behavior — their emotional intelligence drops.”
In addition, Forsyth’s own research has found that individuals who feel powerful are more likely to surround themselves with “yes-men,” preferring to recruit those who agree with them from the outset rather than those who challenge them.
A naval vessel is a “floating community,” Forsyth said, “and as a result the social relations among members likely are very different — more intense, more dense, more psychologically important — from those in other military settings. I would assume that this intensification of relationships can cause commanders to make mistakes in their judgment, as the work relationship becomes mixed with the personal relationship.”
Ludwig said he believes steps can be taken with officers rising in the ranks to prevent the Bathsheba Syndrome should they reach command level.
“What it takes, in my mind, is reflective forethought,” he said. That means a commander will have thought about hypothetical situations and prepared “in terms of moral fortitude” to not succumb to negative opportunities.
“If you get into that role and you’ve never thought about these things before, you’re much more susceptible to making a mistake.”
 
Army spokesman George Wright says that in the past decade there have been only two Army general officers who have undergone courts martial.
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.
Prior to Duff’s case, the only other court martial involving an Army general officer was in 1999, when Maj. Gen. R.E. Hale pled guilty to seven counts of conduct unbecoming an officer and one count of making a false statement about an adulterous relationship. He was reprimanded, fined $10,000, ordered to forfeit $1,000 a month in pay and retired as a brigadier general.
SHOWS: World News
 
Army spokesman George Wright says that in the past decade there have been only two Army general officers who have undergone courts martial.
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.
Prior to Duff’s case, the only other court martial involving an Army general officer was in 1999, when Maj. Gen. R.E. Hale pled guilty to seven counts of conduct unbecoming an officer and one count of making a false statement about an adulterous relationship. He was reprimanded, fined $10,000, ordered to forfeit $1,000 a month in pay and retired as a brigadier general.
SHOWS: World News

However there are a few under article 32 investigation,
two examples are BG Sinclair and Gen. Ward.
 
Done and Dusted!

Happens in Corporate American too, just that way. But, the bigger they are nowadays they seem to negotiate a buy-out. But, illegalities are 'nother matter.
 
Okay, the keep this thread from going "off track" due to my own curiosity, let me answer Polaris' question about why I questioned his posting.

Also know that Polaris and I have exchanged a couple of PM's and he seems to be both sincere and honorable, all that I would expect of a member of our forums.

My question was true curiousity because on these forums we quite often see terms misused. And when that happens, with a lot of our members, they become confused or completely misunderstand something. In "chat" areas, that's not too big a deal, but in many of our forums, that's a serious issue for folks. So when I saw the comments (I'm paraphrasing): "...he was dismissed, etc...but only the dismissal was to be enforced due to a plea agreement..." I thought nothing; this happens all the time. But then I saw: "He retired as a Major."

And that's when I asked the question because when an officer is dismissed from the service by a court martial, there is no retirement, no benefits of any kind (to include pension, VA, medical, etc.) What that officer does receive is a felony record and the "officer's equivalent" of a Dishonorable Discharge with some loss of civil rights. If however, the plea agreement is being "reconsidered" to NOT allow dismissal, then absolutely he could be reduced by the Sec'y of the Army...and then retire. Curiosity reigns!

So I thought perhaps the terms were being misused. And then Polaris and I sorta both sat back and got our hackles a little miffed. Defeats the purpose of our forums.

So I will bow out of this thread to avoid any more issues. I will await the publication of Gen'l Duff's court martial brief. I would love to know what/how/under what rule, etc., things were done.

Steve
USAFA ALO
USAFA '83
 
I served under BG Roger Duff in the 95th Div. The nicest thing I can say for him was he was an egotistical jerk.
 
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