Field Grade Non Judicial Punishment

mpadair00

mpadair00

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Approximate 5 months after returning from my last deployment to Iraq, I received a field grade Article 15, reduction to SGT, forfieture, 45/45, processed for separation, the works. The Article 15 was suppose to go in my Official Military Personnel File, but somehow, didn't. My Relief for Cause NCOER didn't either. This was 3 years ago. Luckily for me(I guess?), my dates match up perfectly at a glance, even though I'm actually missing 6 months rated time, due the missing NCOER. While I don't have a copy of the NCOER, I do have copies of the Article 15. I've seen that I'm going to need copies of promotions/reductions for the board. Is this something I need to submit to PSC to have uploaded to iPERMS? Is this something that will come back and bite me, if I don't? I'm not trying to hide it, just would like to leave the past where it belongs, and I have a feeling that those documents not hitting OMPF was not unintentional. Any guidance from anyone that's been in a similar situation? TIA.
 
Complicated issue...I would not feel comfortable commenting too much, especially without seeing all the pertinent documents. But, I see no reason you would have an obligation to submit records to PSC. It also seems to me that if the underlying documents supporting the reduction are not in your files, there may be a basis for challenging the reduction in grade.
 
Sir,

I understand your hesitance. I have no issues with the Article 15 or the punishment. I was wrong and got what the law said the Commander could give me. I also understand the position I put the Commander in, so I accepted his decision without protest. While in the military, I saw the benefit of NOT having the documents in my file. As stupid as it may sound, and I've seen crazier things, I guess my easy question would be would there be any benefit to having it added to my file for the MEB/PEB or VA? Thanks for your response.

Adair
 
As far as challenging the reduction in grade, I did have a Soldier recently, that was assigned as an individual augmentee to a unit in Iraq. While there, he was reduced, but the unit never submitted any documentation what so ever or processed the reduction. He wore PFC rank for 6 months before it was figured out that there was no documentation. He got a "sorry...here...put this back on...", and lost no time in grade. Unlike his, my Article 15 was processed through DFAS/HRC/where ever else, just never uploaded to my OMPF like the LTC ordered. I think someone had my back...
 
Only reason I could see it helping is if you were to argue that your misconduct was caused by a mental condition and therefore was evidence of existence/severity of your condition. Still, this is a delicate line to argue and I would not tell you to do this without thoroughly reviewing your case. Plus, if they do an adequate MEB, they should document your condition and severity.

Other than something similar to what I mentioned above, I see no reason that this would help your case. (If I am missing something, feel free to follow up...why do you think it might be helpful). If your condition did cause your misconduct, it raises issues about legal responsibility and the degree of punishment, too. It is unlikely that it would be a complete defense, but it does raise some issues.
 
I've worked really hard to get through my issues, and I'm actually starting to feel somewhat normal again. I'm not so sure it's worth risking potential regression and putting my family through more of the hell that they've already endured. With that, can you request that they don't consider a condition? I bet you don't get that one too often.

I'm not concerned about the punishment. What's done is done, but the thing is, EVERYONE thinks that my issues caused my misconduct.....except me...Thanks for your input.
 
What outcome do you want, overall? If a condition is likely unfitting, they will consider it (and make their decision). So, if you really don't want an issue considered, you have two basic approaches- 1) to show that despite any condition you can still adequately perform your duties or 2) try to downplay the existence of the condition.

There is something to be said to weighing the personal costs, in terms of its impact on you, your emotional energy, etc. in making a decision. I only mentioned the issues because they were suggested by the facts you wrote.

Good luck!
 
Mentally, I'm 100% Soldier, but genetically (I guess) my joints/connective tissues just couldn't hold up to more than 16 years of it. Everything has or is getting to the point that if I don't stop now, I won't be able to walk/stand/carry/sit/live (with much more pain). I can't imagine life 2 years from now, much less 5 or 10. If I get separated with severance, then that's just the way it has to be. God has a plan. With that said, I thank you for your responses specifically to my questions, and overall for the creation of this board. Without it, I would still be the nervous wreck that I was last month when the MEB was recommended.
 
Having represented many Soldiers as a TDS attorney, I cannot imagine many circumstances in which you would desire negative information in your record. Jason highlighted the one possible, but infrequent circumstance, in which past misconduct might be evidence of a medical condition. Even so, I am not sure you need to verify your unit properly filed the documents in your OMPF in order to present a copy of the Article 15 to medical personnel for consideration. OMPF filing of negative information is not your responsibility. I would err on the side of keeping my permanent records clean. That said, I would recommend being truthful if officially questioned at any point about it.
It is extremely difficult to negate legal responsibility with a medical condition, but your circumstances could sway a commander to show some degree of restraint instead of handing down the max. I assume you have an attorney? If not, talk to a TDS attorney, and, if not too late to appeal, submit something in writing.
 
Thanks for your input, sir. I'm kinda back and forth on my feelings about the ptsd thing so I guess I'll discuss it worth my psych. I definitely fully disclose everything when asked officially, hence the TS/SCI clearance 8 months after the fact. The initial reason I even brought it up is because I keep seeing that I need copies of recent promotions and reductions when the board starts. Thanks again fort your reply.
 
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