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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 18814
Experience:  Lawyer and current JAG officer.
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My CSM judged me as "A hazard to Soldiers" in early 2012, based

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My CSM judged me as "A hazard to Soldiers" in early 2012, based entirely on what other's told him, in other words, gossip. My record clearly indicates otherwise.
His false communication to my chain of command influenced others to unofficially restrict me from deployment. In fact, this CSM first supported and then fired a acting-jack CSM who had me relieved for no cause whatsoever, and who also filed unsubstantiated charges against me.
At first the CSM who led the gossip ring demanded I recieve a BCD for disrespect and insubordination by means of a NCOER relief for cause. The commander refused to write that NCOER and pointed out that I was in the position for less than 40 days.
He went on to flag and bar me. Later, the wrongful flag and bar were removed. Now, I have discovered his slander of me by way of his own admission. He revealed his past and current defamation of character to me, confirming what others had indicated for over 15 months. He said,"You have not been allowed to deploy twice due to the fact that I know you are a hazard to Soldiers!" He has told me on many occasions that he is "out to get me". I need to know if this sort of behavior is addressed by the UCMJ, and if so, what articles specifically address this negative conduct?

Thank you for your question today, I look forward to assisting you. I have nearly 20 years of legal experience in various disciplines, including JAG.

 

Well, his statement is not a revelation of defamation. If he had said "I've been lying the last few months, saying that you are a danger to soldiers just to get you. I don't actually believe that to be true, but I wanted to harm your career" that would be admission of defamation. It admits a false statement of fact, to cause you harm.

 

He said that you haven't been allowed to deploy because he "knows" you are a hazard to soldiers. That is a statement of his opinion and not any sort of admission of defamation.

 

His behavior, if based on an actual belief that you are a danger to soldiers, even if inaccurate (which is your position) is actually legally justifiable. He's not making false official statements, because he believes them.

 

At best, you're looking at a form of harassment, which has to be resolved through perhaps an IG complaint or a Court of Inquiry through Article 138 of the UCMJ (not a criminal investigation, but a command investigation).

 

If you can allege that he's harassing you based on race, religion, gender or age, you can file an EEO complaint.

 

Unfortunately, it appears though that the normal recourse available to you has already been granted. Your improper bar and flag were reviewed and removed. Your command refused to do the referral NCOER, which means that the act never actually happened.


So again, based on these facts, you're going to be restricted to the IG and/or a Court of Inquiry complaint.

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