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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 32832
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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My daughters boyfriend is currently in Army Natl Guard basic

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My daughter's boyfriend is currently in Army Nat'l Guard basic training at Ft. Benning. She has been pregnant with his child; before he left at the end of June she discovered that the baby would have major birth defects. Unfortunately the other day it was learned that the baby cannot live and she is now in the hospital in a long, multiple day, labor to give birth to what will be a stillborn baby. She attempted to contact the father to let him know that his child will not survive and the military refused to allow him to be contacted. Fortunately the Red Cross intervened and arranged for her to speak to him on the phone. Unfortunately while she was on the phone with him, a sergeant was harassing the young man and making statements along the lines of "his training is much more important than any problems with a baby back home" and such -- that my daughter could clearly hear. I am amazed and saddened that our military would employ such insensitive idiots such as this man and I would like to file a complaint. As a grandson of an 82nd airborne trooper who was decorated for his service in WWII and the son of a veteran, I am appalled at this and how my daughter was hurt by this man. How do I proceed?
Thanks for the chance to help. I am an attorney with over 12 years military law experience.

Sir, I am sorry for this dilemma

I want to make sure I understand the focus of your it against the sergeant who was heard in the background? Or against the father of your grandchild?
Customer: replied 3 years ago.

Thank you for your response. My complaint is with the sergeant who was making incredibly rude and offensive comments knowing that the young recruit was on the phone with a young woman in painful, active labor to deliver a stillborn baby. She could hear this and the sergeant must have known it. I cannot believe that the US Army would consider this appropriate behavior.


I do not know the name of the sergeant, just the recruit, so they would have to track down who was responsible. I don't want any retaliation against the recruit but I do feel that the sergeant needs to be called out on this and owes my daughter a big apology.

Sir I agree with you. And expect the commander of the sergeant would feel the same b

To track down the sergeant will not be complex. What you want to do is contact the recruits battalion commander. The battalion commander will be able to ascertain who the sergeant was.

I would contact the battalion commander and make your complaint.
Customer: replied 3 years ago.

Can I be assured that they won't retaliate against the recruit? I'm more upset that my daughter was subjected to this and don't really want to involve the recruit.

100% sure. No sir. It is certainly possible. However, it is unlikely a commander would do such a thing. What you describe it is reasonable for your daughter to be upset. Sharing this with the commander would allow the commander to take steps to discipline the sergeant.

In my experience the majority of commanders are reasonable. The majority of commanders would not take this personally. So I doubt that a call to the commander would have an adverse impact on the recruit.

However, it is impossible to say for certain the commanders response.
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