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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26883
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I filed a sexual harassment complaint while I was at Annual

Resolved Question:

I filed a sexual harassment complaint while I was at Annual Training. My commander proceeded to do nothing after a sworn statement was filed, and the soldier continued to harass me. I sent an email to my commander last night explaining how it all made me feel. I am finally near home after the two weeks of training, 5 hours from my unit. She is trying to force me to report BACK to the unit to fill out another sworn statement for the other incidents. I offered to come in tomorrow considering I'm not in my home town, but she won't let me. Can she force me to show up when I'm not on orders for today and 5 hours away?
Submitted: 1 year ago.
Category: Military Law
Expert:  P. Simmons replied 1 year ago.
Thanks for the chance to help. I am an attorney with over 12 years military law experience.

Is today a drill weekend?

Customer: replied 1 year ago.

We had annual training up until yesterday and everyone in the convoy had to unpack today at the unit. I was a POV and did an STA for today.

Expert:  P. Simmons replied 1 year ago.
Sorry...sta?
Customer: replied 1 year ago.

STA is when we request to have that drill date off, and make it up on another day. I was approved and not required to be there today.

Expert:  P. Simmons replied 1 year ago.
Ahh...Thanks...but that request was approved by the local commander, correct?
Customer: replied 1 year ago.

Yes. The same one trying to get me there to fill out a sworn statement. I feel like it is a punishment for the email I sent to her and two other officers in my unit.

Expert:  P. Simmons replied 1 year ago.
You need to go in

If this is a drill weekend, then they have "orders", And that day off granted by the commander can be revoked a the whim of the commander.

As a reservist, you have to attend AT and one drill weekend per month. Otherwise they must cut orders for you to require you to attend a particular event.

But since this is a reserve weekend, they have the orders in place.

And since the commander who granted your day off has revoked that? They can require you to present yourself.

If you do not, they could mark you AWOL.


Sorry to have to bear bad news, but I would go in and resolve this.

They can not make you provide a statement. There is no law that would require that.

But the commander can require you to show up if this is a normally scheduled drill weekend.


Customer: replied 1 year ago.

I am talking with my squad leader right now as well, and I have no orders for today. With the STA, my orders for today were moved to the date that I told them I would come in on to make it up. Does this still apply?

Expert:  P. Simmons replied 1 year ago.
If the commander granted the day off the commander can revoke the day off. Period.

So if you have an order from the commander, they can require your presence. As you know, the commander outranks the squad leader.
Customer: replied 1 year ago.

That makes sense. Am I allowed to wait until she emails the orders to leave? I've been told that I can't be on the road for military purpose without the orders. Is this true? Sorry, I just want to make sure I do everything right.

Expert:  P. Simmons replied 1 year ago.
No worries...you are correct, you need to be "on orders" to be covered if, for example, there was an instance where you were injured in transit

I thought she had ordered this...is that not the case? Why did you believe there was such an order?
Customer: replied 1 year ago.

She called me and told me to be there. I was not given the paper orders though.

Expert:  P. Simmons replied 1 year ago.
You gotta go...that call is sufficient.

How long ago was the call?
Customer: replied 1 year ago.

1:36

Expert:  P. Simmons replied 1 year ago.
The commander can revoke the "pass" (the day off that you are required to make up later) if there is a compelling reason. This is just like leave...the commander who grants it can revoke it.

Now...it must be reasonable....they can not do it arbitrarily. But what you describe, there is a reason.

And they have to give you time to travel to return.

I would go in.

You are gong to get "points" for it, since it is duty.

Go and report. Again, you do not have to give a statement. But the commander can revoke the day off and require you to show up...you want to keep the high ground on this...sounds like you have a bit of a mess...do not complicate it with allowing them to claim you were awol

P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26883
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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P. Simmons
P. Simmons
Military Lawyer
26883 Satisfied Customers
Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.