I have a complicated situation for you all.
About me: prior service NCO Army
reservist currently in AIT training
Situation: Received a counseling statement for "making a false official statement and oral false statements"
First and foremost, obviously I have no reason to lie to YOU so please hear me out. On a Tuesday, I asked a school instructor if we could start cleaning early prior to dismissal. She replied NO. I said fair enough.
The following day, 5 minutes early to cleanup, instructor states she has changed her mind and will allow us to clean early.
So, at 1620, we begin cleaning. At approx 1625, I begin dismissing Soldiers
and I myself leave
. At this time, apparently, another NCO asks if "we are good to go?" Instructor says no and retrieve folks who have left and went to form up. They got everyone but me.
So, I was questioned on this. I stated, once we begin cleanup and finish, I'll start dismissing Soldiers to go form up who aren't doing anything.
A NCO interrogates me and has me sign a waiver. I write a sworn statement 100% true on events from 1620-1625.
Following day, senior NCO has class write sworn statements. All state the instructor said that at 1620 to begin cleaning and that she didn't say 1630 would still be release time.
Senior NCO then interrogates me again on how I've dismissed Soldiers in the past. He asks me questions without my rights. He claims that I verbally lied when I said upon clean-up duties, I begin dismissing Soldiers without asking for permission. Other NCOs have corroborated my claim.
He then interrogates me again after I voluntarily goto his office and tell him I have proof I wasn't lying. He asks about a "playful" conversation I had with the instructor about starting cleanup early. I said yes, that did happen. He accuses me of lying on my sworn statement that I just admitted we had this conversation. I then deny making that statement since my sworn statement only contains events on WEDNESDAY from 1620-1630 and not conversations on the prior day. He said, in my counseling, that because I claimed I DIDN'T make that statement after I said it didn't happen, that I lied and his senior NCO buddy can vouch.
So, I've been removed from class. I've voiced to my chain of command that the 2nd and 3rd interrogations that I had DIDN'T involve reading my rights whatsoever. But regardless, this is a drastically major miscommunication and I'm extremely stressed since being removed from AIT is grounds for OTH discharge
. Moreover, no UCMJ is being pursued. They are just trying to remove me from AIT for some reason.
Questions: should I retain TDS? Should I appeal the removal of course? I was told by my PSG that "there is no way you're going back to the schoolhouse" even though my PSG explicitly stated when reading the whole packet that "yeah, it looks like you didn't lie."
BotXXXXX XXXXXne : I never lied!!! I may have made confusing statements but doesn't mean I lied!! WTF!?