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My son is an E4 in the Army. He has been diagnosed with PTSD

and a sleep disorder. His...
My son is an E4 in the Army. He has been diagnosed with PTSD and a sleep disorder. His Staff Sgt got all of the other soldiers together, excluding my son, and the Sgt told the other soldiers to "spy" on him. Would this be considered a type of harassment?
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Answered in 4 minutes by:
7/9/2013
Allen M., Esq.
Category: Military Law
Satisfied Customers: 19,342
Experience: Lawyer and current JAG officer.
Verified
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.

It's not a legally recognized form of harassment that would give your son any particular rights against the Staff Sergeant. The SSG can very well state that his instructions were to keep an eye on your son, due to the constant concern of suicide relating to PTSD victims.

At best, XXXXX XXXXX can make an IG complaint or seek an Article 138 Court of Inquiry, which is really just a directed question to a commander concerning the activity. Either action might get this SSG off his back or it might make matters worse.

Now, I can tell you that any "evidence" that the soldiers find to try and use against your son, if it came to a court martial, would be tainted and inadmissible. As a JAG, I'd want to smack this SSG for engaging in this directive, not because it is illegal, but rather, because any evidence turned up would be "command directed" without probable cause, which would render the evdience useless for court martial.

So, it is very likely that this SSG's commander would want to know, just to give an order to cease and desist with this stupid "spying."

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Customer reply replied 4 years ago

Of coarse as his mother, I would like to personally call his SSG. But, I can assure you, that would not be pretty. Would I be able to file an Article 138 on his behalf or is this something he would have to do?


 


I really appreciate your help.

No, you are not a military member and have no jurisdiction to file an Article 138. I can tell you that any action taken by parents in these situations invariably makes matters worse.

Your son has to file. He can contact the Trial Defense Service on base. They are defense attorneys that have a rule of confidentiality and can help him prepare it.


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Customer reply replied 4 years ago

Great! Thank you again for your help!! I hope you have a wonderful day!!

I hope you do as well. Take care.
Allen M., Esq.
Category: Military Law
Satisfied Customers: 19,342
Experience: Lawyer and current JAG officer.
Verified
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