Can vs. Should -- Decision-making with Soldiers in Mind
September 2, 2010
One of the reasons I love being part of the Army's Trial Defense Service (TDS) is the opportunity to make a direct impact on Soldiers' lives at some of their lowest, toughest times. I like to think that the compassion that I and my attorneys have for them is shared by their commanders and the military justice system at large. The last few weeks, however, my faith in the inherent fairness of "the system" and the reasonsed discretion of commanders has been shaken.
While the most visibile mission of TDS is providing criminal defense attorneys for Soldiers facing courts-martial, a good part of any week is spent counseling Soldiers facing non-judicial punishment (Article 15) and administrative separation. A quick review of what these actually involve is probably a good idea for my next post -- hopefully in the very near future -- but it should suffice for today's discussion to know that both of these actions are done primarily under the authority of Army regulations and do not subject Soldiers to the threat of criminal convictions. They can, however, have lasting impacts on a Soldier's future, both in and out of uniform.
Over the last few weeks, I've seen a significant number of administrative actions that seem to defy common sense and seem aimed solely at taking extra action to impose unreasonable punishment. This came to a head for me this week when I counseled two Soldiers, from different units, both facing administrative separation with just 6 weeks left until their service contract was up. In both cases, the Soldiers had accrued enough leave that, if they were allowed to take it, could have been effectively out of their respective units within 2 weeks. The units were seeking to strip the Soldiers of their Honorable discharges on the eve of their departure. Both Soldiers were young; neither had a regulatory right to recourse. Both Soldiers already planned to leave the Army. And both had served in combat.
I was shocked that a commander could think so little of a Soldier that - apart from any other deserved action - they would strip away an honorable discharge, and with it the GI Bill these Soldiers had earned. I've gone out of my way this week to try to help these two Soldiers. As I mentioned, neither has a formal right to be heard, but I've tried to influence the decision-makers to be reasonable, be compassionate. I don't know what will happen, but I hope it goes well.
Todd
Sep 2, 2010 1:36 PM