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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 33095
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I think my superior may have challenged my conduct as

Customer Question

I think my superior may have challenged my conduct as arbitrary itself by counseling me in front of our commanding officer stating that I have I singled out a subordinate for being in violation of the dress and appearance regulations. I've been searching our DoD and Air Force policies and regulations on what it means to single someone in a negative context such as to enforce standards but produced 0 results. Is there any clearer guidance on this subject matter in any DoD or Air Force policies/regulations? Or wherever I can find a legal term to define what it means to single someone out in a negative context?The only thing I found through my research that mostly relates to my situation was an outside source I found on Human Resource Executive Online/Legal Clinic that says "Singled Out for Discipline.
An employer that singles out one worker for discipline when the offense is one committed by others in the workforce leaves the organization open to liability under federal, state and local laws"In my case, the subordinate was the only one in violation of regulations not anyone else. These violations were addressed to me by other NCO's from my unit and other units, because I myself never realized or noticed it. I thought I did the right thing and my duty to address this to the senior leader of our office because I thought it would be better for him to handle it. However, the subordinate said he heard about the conversation I had with the senior leader and not that is was conversation that was meant to be hidden because it's official business but he felt singled out from it. He has the right to feel that way and the right to use the open door policy to address his concerns in the Chain of Command, and that's what he informed my superior of. After that my superior had some form of informal corrective counseling with me in front of our commanding officer and also told me I singled him out. I tried to explain to him that those violations were addressed to me by other NCO's but he still says 'I singled him out' I don't understand how someone's else's wrongdoing has me accountable for it. Please advise.
Submitted: 3 months ago.
Category: Military Law
Expert:  P. Simmons replied 3 months ago.

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

Expert:  P. Simmons replied 3 months ago.

I am sorry for this dilemma. But not sure I understand your specific question. I do not understand "please advise"...would it help to talk on the phone about this?

Customer: replied 3 months ago.
I am trying to understand why I am being held accountable for what seems like a 'discriminatory' act of singling someone out? Have I violated any military regulations? When One: It was the subordinate's violations that were addressed to me by other NCO's, so it's not like it was my discretion or judgement that made this determination. And Two: He was the only one that everyone was addressing these issues on. After I tried to explain all this to him a few times he still claims I 'Singled him out'. On what basis does my superior have to make this claim on me? I meant 'Please advise' as please assist with your expertise on this subject.
Expert:  P. Simmons replied 3 months ago.

Thanks
Happy to help...but would like to know your specific question. I sent the offer for a phone call. There is a nominal charge for the service ($5).

If you are not willing to talk on the phone let me know...I can opt out and allow someone else to assist you

Customer: replied 3 months ago.
The specific question I'm asking based on the situation I presented is did I in fact single out this subordinate?
Customer: replied 3 months ago.
I am trying to find out if I singled out the subordinate by informing another senior leader of his dress and appearance violations?
Expert:  P. Simmons replied 3 months ago.

I am under the impression you are not able to speak on the phone. I will opt out. Perhaps someone else can address your concerns.

I wish you the best.

Customer: replied 3 months ago.
I am still waiting to speak with another military lawyer.
Customer: replied 3 months ago.
This is Equal Opportunity issue in the military if anyone is licsened in this field
Expert:  P. Simmons replied 3 months ago.

Follow up...I note that no one else has responded. I would be willing to speak with you on the phone about this...I will send the offer again.

Customer: replied 3 months ago.
I decline to pay for this phone offer. I've already paid just to ask a question, but if I cannot get an answer I'll request a refund. Thank you.
Expert:  P. Simmons replied 3 months ago.
I wish you the best

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