BLUF: I want to be found fit for duty. But, in the mean time, I am trying to prove I should not even be going to a board in the first place.
I have been searching for answers for days and coming up empty. Where can I find information on command discretion for a unit commander? I am specifically looking for the regulation stating when command authority starts when you assume command. Common sense says, the day your orders begin, but I need to find something I can quote. I am working with some questionable command personnel.
First, it is my own fault for what seems to start this chain of events. I was stopped for speeding towards the end of last year. I got a call from full time command on Monday asking what the deal was. I explained the misunderstanding and nothing more was said. I did missions for Soldiers returning from deployment both the week before and the week after the traffic stop. I had drill weekend a couple weeks later. Again, nothing was ever said. I continued for a couple more weeks of redeployment missions with normal duty.
In January, a new commander comes along. His first drill weekend he orders me to a behavioral health evaluation. In the notification memo, he used the traffic stop as justification from before he was commander.
I know this is not the same, but in AR 27-10, ch 3-8 it reads: b. Termination of status. Nonjudicial punishment will not be imposed on an individual by a commander after the individual ceases to be of the commander’s command, because of transfer or otherwise. However, if UCMJ, Art. 15 proceedings have been instituted and punishment has not been imposed prior to the time of the change of assignment, the commander who instituted the proceedings may forward the record of proceedings to the gaining commander for appropriate disposition.
I am wondering if there is something similar with command discretion. I really feel this is an unfair use of command discretion being that the previous commander did not order a CDE and the new commander does it at his first drill without knowing me at all. All my evaluation reports are good or excellent so there is not a duty performance issue at all.
Well, since this has happened, there seems to be nothing that has been done correctly. The BH evaluation did not follow the applicable DODD or DODI from the notification memo, the declaration of non-confidentiality (and the form you are supposed to sign), to the evaluator being trained for the evaluation and the requirement that command receive the report within 24 hours.
End result: Letter from the G-1 saying I do not meet retention standards and non duty PEB referral, TWO DAYS after I am informed that they are going to recommend MEB. Diagnosis: ADHD.
Command will not provide copies of my records that I need in order to appeal the decision and request the PEB process. I can get copies of all my records except the BH piece to form an appeal. In addition, without my records I can't even know if they thought about any alternate diagnosis like residual TBI (from 2009, LOD) and even sleep deprivation since I get an average of 3 hours a night when I go to drill.
Oh yeah, and the JAG I was assigned for the BH evaluation said, "I recommend you comply." When I tried to ask the repercussion of what if I didn't, "You should know, you've been in long enough." I tried to get a different JAG and was scolded by the state JAG telling me I was 'JAG shopping'.
Sorry for the length. I just am looking for some more to put in writing to help argue my case since I seem to be on my own within my chain of command. ANYTHING you can think of that could help with arguing the ordering of the BH evaluation was beyond discretion would be very appreciated! Thanks!!
I have been searching for answers for days and coming up empty. Where can I find information on command discretion for a unit commander? I am specifically looking for the regulation stating when command authority starts when you assume command. Common sense says, the day your orders begin, but I need to find something I can quote. I am working with some questionable command personnel.
First, it is my own fault for what seems to start this chain of events. I was stopped for speeding towards the end of last year. I got a call from full time command on Monday asking what the deal was. I explained the misunderstanding and nothing more was said. I did missions for Soldiers returning from deployment both the week before and the week after the traffic stop. I had drill weekend a couple weeks later. Again, nothing was ever said. I continued for a couple more weeks of redeployment missions with normal duty.
In January, a new commander comes along. His first drill weekend he orders me to a behavioral health evaluation. In the notification memo, he used the traffic stop as justification from before he was commander.
I know this is not the same, but in AR 27-10, ch 3-8 it reads: b. Termination of status. Nonjudicial punishment will not be imposed on an individual by a commander after the individual ceases to be of the commander’s command, because of transfer or otherwise. However, if UCMJ, Art. 15 proceedings have been instituted and punishment has not been imposed prior to the time of the change of assignment, the commander who instituted the proceedings may forward the record of proceedings to the gaining commander for appropriate disposition.
I am wondering if there is something similar with command discretion. I really feel this is an unfair use of command discretion being that the previous commander did not order a CDE and the new commander does it at his first drill without knowing me at all. All my evaluation reports are good or excellent so there is not a duty performance issue at all.
Well, since this has happened, there seems to be nothing that has been done correctly. The BH evaluation did not follow the applicable DODD or DODI from the notification memo, the declaration of non-confidentiality (and the form you are supposed to sign), to the evaluator being trained for the evaluation and the requirement that command receive the report within 24 hours.
End result: Letter from the G-1 saying I do not meet retention standards and non duty PEB referral, TWO DAYS after I am informed that they are going to recommend MEB. Diagnosis: ADHD.
Command will not provide copies of my records that I need in order to appeal the decision and request the PEB process. I can get copies of all my records except the BH piece to form an appeal. In addition, without my records I can't even know if they thought about any alternate diagnosis like residual TBI (from 2009, LOD) and even sleep deprivation since I get an average of 3 hours a night when I go to drill.
Oh yeah, and the JAG I was assigned for the BH evaluation said, "I recommend you comply." When I tried to ask the repercussion of what if I didn't, "You should know, you've been in long enough." I tried to get a different JAG and was scolded by the state JAG telling me I was 'JAG shopping'.
Sorry for the length. I just am looking for some more to put in writing to help argue my case since I seem to be on my own within my chain of command. ANYTHING you can think of that could help with arguing the ordering of the BH evaluation was beyond discretion would be very appreciated! Thanks!!