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Thread: Retired 4-star demoted after sexual assault investigation

  1. #11
    Senior Member Bos Mutus's Avatar
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    Quote Originally Posted by garhkal View Post
    How can the statute be over in just 10 years for sex assault?
    ....cuz the SOL is 5 years.
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    Banned sandsjames's Avatar
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    Quote Originally Posted by Mjölnir View Post
    With the statute of limitations having passed, this is all that could be done.
    Which is crazy, cuz in the Air Force there are longer, more severe consequences for failing a PT test. The statute of limitations never run out for that.

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    Administrator Mjölnir's Avatar
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    Quote Originally Posted by sandsjames View Post
    Which is crazy, cuz in the Air Force there are longer, more severe consequences for failing a PT test. The statute of limitations never run out for that.
    Failing a PT test may sting you for years to come, impacting promotion boards, retention etc., each of the services can set policies that allow / don't allow for that; the UCMJ isn't up to the services.

    Not saying it is 'right' but it is the law. Had the MGen been convicted the consequences could have been significant ... but the law defines how long from the act someone has to be brought to account. Had this been a MSgt there would have been no repercussions, there is no rank/grade determinations for them (promotions from E2-O8 are permanent ... O9-10 are temporary). The only real option was to reduce his retirement grade.
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    Administrator Mjölnir's Avatar
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    Quote Originally Posted by sandsjames View Post
    Which is crazy, cuz in the Air Force there are longer, more severe consequences for failing a PT test. The statute of limitations never run out for that.
    Failing a PT test may sting you for years to come, impacting promotion boards, retention etc., each of the services can set policies that allow / don't allow for that; the UCMJ isn't up to the services.

    Not saying it is 'right' but it is the law. Had the MGen been convicted the consequences could have been significant ... but the law defines how long from the act someone has to be brought to account. Had this been a MSgt there would have been no repercussions, there is no rank/grade determinations for them (promotions from E2-O8 are permanent ... O9-10 are temporary). The only real option was to reduce his retirement grade.
    The most important six inches on the battlefield ... is between your ears.

  5. #15
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    Quote Originally Posted by Bos Mutus View Post
    ....cuz the SOL is 5 years.
    Is it shorter in the mil then?

  6. #16
    Senior Member Bos Mutus's Avatar
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    Quote Originally Posted by garhkal View Post
    Is it shorter in the mil then?
    Is what shorter than what?

    The UCMJ statute of limitations is generally 5 years...exceptions, of course, rape, murder, child abuse, AWOL during war, any offense punishable by death, etc.

    See UCMJ Article 43.
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    Well its 15 in the civilian sector for rape,

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    Administrator Mjölnir's Avatar
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    Per art 43, the UCMJ has no statute of limitation for:

    -absence without leave or missing movement in time of war
    -murder
    -rape
    -rape of a child (specifically separate from rape due to inability to consent)
    -any other capital offense

    I am not sure (familiar with the case) but from the articles about it it seems the sex was not forced but coerced ... Which would not meet the criteria for art 120 (rape &/or carnal knowledge) and asking our JAG, the USAF could not pursue art 120 but more likely had him on fraternization, adultery, disobeying orders, conduct unbecoming ... all which have a 5 year statute of limitations which had passed. The only real option left is a rank / grade determination ... Which is what happened.

    The outcome is far from perfect, but seems to have been the best that could be done based on the legal rights of the (now) MGen, again ... If this had been an E9, nothing could have been done ... Saying an E9 would have been busted to E1 is not accurate since the criteria of offense for rape was not there and for the other (probably provable) offenses the statute of limitations had passed and rank/grade determination at retirement is an officer-only thing.
    The most important six inches on the battlefield ... is between your ears.

  9. #19
    Senior Member Rainmaker's Avatar
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    Quote Originally Posted by Mjölnir View Post
    Per art 43, the UCMJ has no statute of limitation for:

    -absence without leave or missing movement in time of war
    -murder
    -rape
    -rape of a child (specifically separate from rape due to inability to consent)
    -any other capital offense

    I am not sure (familiar with the case) but from the articles about it it seems the sex was not forced but coerced ... Which would not meet the criteria for art 120 (rape &/or carnal knowledge) and asking our JAG, the USAF could not pursue art 120 but more likely had him on fraternization, adultery, disobeying orders, conduct unbecoming ... all which have a 5 year statute of limitations which had passed. The only real option left is a rank / grade determination ... Which is what happened.

    The outcome is far from perfect, but seems to have been the best that could be done based on the legal rights of the (now) MGen, again ... If this had been an E9, nothing could have been done ... Saying an E9 would have been busted to E1 is not accurate since the criteria of offense for rape was not there and for the other (probably provable) offenses the statute of limitations had passed and rank/grade determination at retirement is an officer-only thing.
    Unless there's more to the story, then the punishment seems pretty severe.

    Going after the man years after the fact, publicly dragging his name through the mud and then busting him down in retirement, for what appears (on the surface anyway) to just be a consensual relationship.......sounds like a witch hunt.

    Of course he's an officer, so the Sandsjames' of the world wouldn't be satisfied, unless he was bankrupted & sentenced to hard labor at Leavenworth, for the rest of his life.
    Last edited by Rainmaker; 02-04-2017 at 12:30 PM.

  10. #20
    Administrator Mjölnir's Avatar
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    Quote Originally Posted by Rainmaker View Post
    Unless there's more to the story, then the punishment seems pretty severe.

    Going after the man years after the fact, publicly dragging his name through the mud and then busting him down in retirement, for what appears (on the surface anyway) to just be a consensual relationship.......sounds like a witch hunt.

    Of course he's an officer, so the Sandsjames' of the world wouldn't be satisfied, unless he was bankrupted & sentenced to hard labor at Leavenworth, for the rest of his life.
    The relationship was consensual ... but if coerced that lends a bit more to me thinking the reduction was appropriate. Combine that with the (supposed) "special trust and confidence" we place in leaders, if he as a flag officer was coercing a (at the time) Major or Lieutenant Colonel into sexual relations ... it would be more than appropriate to reduce him.

    I imagine there is sufficient evidence that if the statue of limitations had not expired, he would have face judicial punishment ... otherwise the SECAF would be too open for him to appeal to the Board of Corrections of Military Records and be reinstated.
    The most important six inches on the battlefield ... is between your ears.

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