need suggestions on how to proceed with a military matter

my daughter is in the Army, since her husband has been transferred to Iraq, she has been transferred to a new platoon. She is disabled, as a matter of fact, her neurologist says she shouldn't even be there. He has written a letter stating my daughter is 100% disabled, but the NCO's just blew it off. She has two small children and no support, since we live miles away from her. In her old platoon her profile was that she report in at 9 am, but this new platoon changed her to 7 am. Since her profile change, which is unrealistic, she has missed some formation, yet has called in was accounted for. She must take her meds in the morning before functioning as she is in severe pain. Between the NCos and COs she has had continual harassment and since being in this unit they have broken her rank twice. She's been a sergeant for five years, and in less than a year, they've broken her rank twice. She has broken down more than once, and after wards, it was witnessed that the NCOs just laughed. She is in a disabled unit and should be getting out, but a few months back a NCO told her that they'd let her out, all she needed to do is sign away her benefits. Her CO told her he could make her life and living hell and threatened to take her children away and move her in the barracks. Since she much be up a 4 am, she has been late-someone called CPS from her unit and told them that she's sleeping while her kids are awake, which was a lie! She was investigated by the base and CPS-they called her doctor and she was exonerated.

I told her to file the congressional. They've stepped up the harassment even more. They did not respond to the congressional within the 72 hours and I believe someone else responded, other than who it was directed to. One of her NCO's told her, "what are you going to do, file another congressional?" She has attempted to have her profile changed to what it was previously. Finally, about two weeks ago her profile was changed by the base psychiatrist, and her NCOs told her, we'll see about this. I think it made them angrier.

My daughter requested the summary court marshall, because they kept threatening to bust her rank again. She thought she would have an impartial judge. The platoon charged her with missing formation four times (which was under the unrealistic profile) even though she was accounted for (called in) and saying "wait a minute" to a NCO for attempting to defend herself (she had documentation in her defense), but they didn't want to listen. She attempted to get an extension for further discovery, but the CO in charge of the hearing (there was only one), refused. A sergeant from her previous platoon was going to testify in her favor, but he was on rotation and they said they couldn't get a hold of him. They sentenced her to fourteen days in the County jail and busted her rank-for these charges. She requested a deferment of confinement but the Major wouldn't allow her to see the Col. They carted her off to jail, while her short term care provider had to get her two toddlers. The major, who was the only judge at this hearing, said he could get her out of the Army, all she had to do is sign a 5-8 (no child care provider). My daughter told him that she would then lose her benefits-he said "I thought you wanted out." This major was smoozing with her NCOs before the hearing, and days before the hearing one of the NCOs asked her if she was ready to go to jail? I laughed and told her that they were attempting to frighten her. I now think that this was a collaboration between these NCOs and the COs.

I've called our congress person's office who is working on the case, can someone think what else I can do to get her out of jail? Should I hire an attorney? Should it be an attorney who knows military law--where can I find one?

I now know why some soldiers are committing suicide-my daughter is in pain every damn day (spinal damage) and these assholes more than once have threatened to take her children and have made her life a living hell. One NCO went up to her friend and told her she shouldn't be seen fraternizing with my daughter it might reflect on her. A soldier was talking to her and they punished both of them by staying over while everyone else could leave.

She should have had one from the beginning.

She should get an attorney immediately...................

:rofl:

they will have counselors who can help. They also have a network of attorneys who may ba able to assist.

877-447-4487

http://www.girightshotline.org/

If that doesn't work out, the second line of defense would be the national lawyers guild, which has a branch that helps out with military issues, they do pro bono work.

I'm beginning to think congresscritters have little influence over the military nowadays. My congressperson has been working on this since they started coming down on her. They told the aide that they'd changed my daughter's profile. What the aide didn't know was they changed it for the worse. These NCos and COs, at least in her platoon seem to show no respect for congress. They told that aide either an outright lie, or they knowingly "fudged" because they didn't tell her how her profile was changed.

Here is a list of military lawyers by location: http://lawyers.findlaw.com/lawyer/practice/Military-Law

These guys are not local, but they've got a toll free number: http://www.gslattorneys.com/?_kk=military%20attorney&_kt=f1fe4210-098e-4934-b8ee-44524e2d38d5&gclid=CP-fxKr23ZwCFRgSawodw2RNEA

Obviously, she's being harassed in order to cheat her out of any benefits she's entitled to. She needs to get a lawyer ASAP.

Keeping a paper trail, making notes of harassment: who, what was said, who was present and writing it out of their sight, is also something she needs to do. All she needs is a little notebook in a pocket. Just clean it out every night when she gets home so if it's confiscated, she won't lose much.

The only other thing you can do for her is offer to take the kids for a while. Just knowing she's not completely alone there can be a big help to her stress level.

I've visited a couple of times. The last time I was there, she wasn't well, She's losing her hair, and the morning before the hearing she was vomiting since 4 am. So, she was late, and called to tell the NCO she'd be late and he told her that he's been sick to his stomach and he makes it in for formation. Just like this major saying that he's disabled and he doesn't take his meds when he goes to work. Or her other NCO that told me that he has children. Yeah, someone loves getting sick in the car, yeah, you have children and a wife to take care of them (her other half is in Iraq), and yeah, do you have the same disabilities? I see no logic in their statements.

I would suggest taking your situation to a lawyer named James Branum. http://www.girightslawyer.com/ He handles the cases of active duty disabled vets, conscientious objectors, war resisters, and basically getting people out of there who want out or deserve out. He also happens to be one of the lowest priced lawyers out there and he works nationally.

I can't tell you how many vets being deployed who are so disabled that it's a crime: I've met people who have been hit over the head and have major neurological damage, people who can't walk without a limp, people with major major PTSD.

Currently James has taken on the case of a man who is in jail for going AWOL after learning that his young daughters were homeless and covered in lice. The man brought them back and demanded housing for them as a family and was told the process could take months and that he should keep his daughters in the barracks. The barracks is NOT a safe place for young girls (NO WAY) so he had to choose between going AWOL to care for them or abandoning them. He went AWOL. The military picked him up and now he's in jail and he lost his daughters.

People have no idea what's going on in the military right now and the suffering of military families. My heart goes out to you. :hug:

I am kind of leery contacting an attorney near the area, just in case they have any ties with those involved.

You can trust James. He's a tireless advocate for empowering troops to assert their humanity: be that through resisting, demanding CO status, to oppose torture, and to fight for their benefits as people. He also recognizes that some people want risky political fights and some people want quiet appeals that gain them personal justice. He takes on both kinds of cases and knows the difference between the two.

Good luck!

Or would that make matters worse?

and have been there since the kids were born. I called them and said I would fly out, but they reassured me that they have it handled. My daughter also has pets that need to be taken care of--I visited in July, to help her out.

I just cannot believe that they put her in a county jail. She has not harmed anyone, she has not stolen anything. She has not done anything against the law.

It disgusts me to no end that we treat our wounded vets so horribly after they've made such an incredible sacrifice.

:kick:'ing to keep visible on the front page

I've never been in the Army but I see one of two things here:

1. You are being duped by your daughter for reasons I can only imagine.
2. Her version somehow got lost in translation to what you have posted.

At what base is she stationed? What is her MOS (military specialty)? A civilian neurologist and not an Army doctor or was it an Army neurologist? There is a disabled unit (if so perhaps for soldiers who will recover)? She would lose what benefits as her husband is in the Army and she would have his benefits as would the children? Switched to another "platoon?" Doesn't make sense. Platoons are what you are in while in boot camp. She was an NCO so where did this all start and why?

I'm not besmirching you or your daughter but if I were you, I'd do some investigating and back-tracking to the beginning of this fiasco.

MOS is medic--yes, she goes to a civilian neurologist under Tri-care. Platoons are part of the heirarchy of structure, not just in boot camp, like brigades, units, platoons, squads. No some of these soldiers won't recover, they are waiting to get out. She has been in the Army for well over ten years, she deserves benefits in her own right. What happens if she gets a divorce? And, how about benefits for education?

Since, I have followed what has been happening closely, and have talked to other soldiers when I have visited, I hardly think that I am being "duped" by my daughter.

And yes, those were the charges. She has medical documentation and she has some of the write-ups on her. Apparently, there were a couple of times they refused to give her a copy. And, maybe you think the congressional aide, who spoke directly with her NCO and CO-has also been "duped." Because she sure has a lot of documentation.

For your daughter and your whole family.

May we ask how your daughter was injured? Was it in the line of duty?

and that probably is part of the problem. She was stationed in Korea and spent most of her time out in the field, but she has arthritis in her lower back, disk damage in her upper back, that she has had surgery but it didn't really take. And the doctor told her she has another damaged disk. She has nerve damage where she'll never get her feeling back in some parts of her extremities. She has a cracked jaw, where her jaw locks up, debilitating migraines and fibromyalgia where her muscles tighten up.

Her enlistment date was up a couple of months ago-to me, they should have let her out.

as long as she has the documentation to verify her medical conditions. I suggest she get a lawyer, preferably civilian, who is an expert in military procedures.

The NCOs and Co who are giving your daughter such a hard time may soon find themselves in some serious shit.

person. There was no gray area, it was either right or wrong. When she was a teenager she came to me and her father and told us that she never wanted to lie to us or do something behind our back. Now, we're thinking, "oh, no." So it was that she wanted to go to a party and we had to ask all of the questions, like will the parents be there, will there be any booze. I mean I was a teenager, you told your parents you were going to the library when actually you were going to meet someone. But, no, she wanted to be honest about everything. And sometimes honesty can put you in a bind and sometimes fighting for another person can get you in trouble. When someone who was not authorized to look at a soldier's medical records, she wouldn't let them because of hippa violations. But when someone who is strong becomes weak, there are those who will attack. Like jackals attacking the weakest in the pack.

My career ended after 13 years in primarily because I talked when any lawyer would have told me to keep my mouth shut and make them work at drawing up charges against me.

But I have no regrets and consider my tenure in the Navy to have been overall quite good.

the county jail. Never happened. None of this tale is even remotely believable, sorry.

"They sentenced her to fourteen days in the County jail"

When I was in the Navy, one would have been sent to the brig on base or restricted to the ship but no one was ever sent to a county jail unless a civilian judge passed the sentence in a civilian courtroom.

with one CO making the judgement. The base has a contract with the county jail. And, that what makes the whole damn event unfekkingbelievable.!!!

Period. I've been a witness at summary court martials and I've watched folks get taken away to county jail in shackles. In fact, they even take you to county jail for SPECIAL court martials before sending you to prison.

and I did. But, you are wrong. Don't think I was shocked that the phone number when my daughter called was the county jail. They have a CONTRACT with the base. The army can and did. And, I don't care if you believe it, since all I wanted was some information.

For those who have given me some good information on where to turn, thank you! Your help is much appreciated. For those who just cannot believe such a tale. I really don't care. Because it's true and you can believe it or not.

But, I would suggest googling military contracts with local counties, especially jails. And don't be sorry cause I don't give a damn if you did believe it. I just wanted information where we could get help.

Might even want to check on line for referals for civilian lawyers who know the military regulations well.

Edit: Just checked via Google and several lawyers and law firms are listed.

That is precisely how it works. Seen it with my own two eyes.

Victor Agosto, Afghanistan war resister, just got out of BELL COUNTY JAIL in Texas. Leo Church is in the same jail. Travis Bishop is in the same jail. All active duty at Ft. Hood Army Base.

This is what they do. You have no idea what you're talking about. There's a difference between being a skeptic and being ignorant and accusatory.

I was serving in the 1960s and 70s. Such a thing wouldn't ever have happened back then (of course active duty troops were put in civilian jails for violating civilian laws off base...which doesn't seem to be the kind of thing described here.)

Honestly it never occurred to me this would ever be common much less acceptable. Mea culpa.

1) Which benefits will she lose if her husband is still active duty? Is he reserve perhaps? ( My knowledge of reserve is limited at best)

2) Get a better doctor or have him clarify the statement about the percentage of disability. 100% is a tough sell.

3) No matter which platoon she is in the profile comes from the clinic in some way or another. Now she may have had a deal with the old PSG that she could show up at 0900 and the new one says 7. Remember if it isn't on the profile it doesn't exist.

4) Calling it in is not being accounted for. Being in the parking lot when "Fall in" is called is unaccounted for.

5) Is she in a WTU ( Warrior Transition Unit )?

6) What was she busted down for? Twice? Exact charges please.

7) You can follow up on the congressional and also go through IG.

8) When the NCO talks, shut the hell up. If she was a Sergeant she should know when to speak and when to zip it.

9) Which COL could she not see? Every leader in the Army has an open door policy. It is mandatory. If she cannot get what she needs at the CO level then she can talk to her BN SGM/CSM or even the BC.

10) I say all of the above as if everything you report is true and 100% because I have no other way to verify. Please listen to my experience as someone who has dealt with injured/problem Soldiers a dozen times over. I know you love and care for your daughter and her kids but I have yet to see a case where it is so one-sided ( the previous busts in rank set off my spidey senses ). I am a soft touch for Soldiers and I have lost count of the times that a Soldier has come to me and I have gone to bat for them and it turns out they were yanking my chain. I will continue to be the soft touch because I give a shit but after being burned so many times I have a greater ability to see through the BS. Try and look at your daughters story with an objective view ( difficult but possible .) There are things here that just don't smell right.