mercredi 30 septembre 2015

Servicemembers Protections: Insubordination or Protected Communication Under a Commander's Open Door Policy

Good day, A brief prelude to my question; I am researching Army regs. for an Atty. whom is in the process gathering information to forward a brief to the Army Board of records review. The electronic communication is between a National Guard SSG ( Staff Sergeant ), and a CW3 ( Warrant Officer 3 ), who was the acting commander at the time of the communication. The SSG was in route to receive a commission as a 2LT with the Army Reserve as a result of obtaining a B.A., 16 years of service, a long with completion of all Senior NCO Schools. The SSG felt as if he had been wronged monetarily by an E7 which was acting as a 1SG. on his own accord.

I believe the SSG was trying to reach out to the commander for assistance with the thought that he was using chain of command being that his problem arose from the the E7/acting 1SG. From what I find in the regulation so far is that communication to a commander from a member of their unit is protected and considered " commander's open dooor policy ". Instead the CW3 commander did not respond and showed the electronic communication to the E7/ acting 1SG. It essentially turned into a big mess resulting in the E7/acting 1SG failing the SSG on an APFT and would not allow to retake the test and being put out with no hope in obtaining an officership. I will illustrate the Email here and please give me opinions if this would be considered Insubordination, or use of Commander's open door policy, which would include the communication being protected.

I ve got one prior USMC Infantry Officer, now esteemed trial labor Atty. says nothing is afoul with the Email, and then a prior USAF JAG mentions if his law clerk had written that to his' boss, he would think of it as insubordination. Keep in mind the " commander's open door policy " that states any soldier is free to speak directly to the commander of any issue he, or she may encounter.

Thank you so much for taking time to give any input .

Email with redaction begins below:
Quote:

I apologize Sir for the email. I was a bit upset at the time when I responded. I had just discovered I was on orders for one month, yet worked two, and was reprimanded in front of you as being a let down to the pre ARMS inspection.

In actuality we were transporting vehicles a lot and cleaning along with doing personnel favors for our acting 1SG. along with ARMS.

In 2008 he had you on speakerphone and brought my name up, and I heard my name being put down which was something hard to deal with, but I accepted and I have tried to do my best to prove I have capability and I swear I will never ever forget the trouble you put forth to help us going to WOCS. I am grateful that two damn good guys Pasco, and Welch were survivors. I gave Mr. Hood and Bubba Bryant all the skills to help them with WOCS thanks to you as well.

Now the thing I have to deal with is the acting 1SG has the idea I am a failure in commanders eyes, and free to act as he wishes. Last year he got $180
of football tickets from me and skipped when time to pay for them. I was told to report that, but did not.

As of right now I was on orders one month and called out for being on orders two months and being a screwup during this time for PRE-ARMS

Tired of having Major Generals, Lieutenant Colonels, and Majors saying I'm good to go and an E7 giving me grief. Please get with Major Corley and ask about CPT Keith Pate and SFC Cleveland's take on Officers. This happened while you were deployed.

Just felt very betrayed when I found out I was on orders for less than a month, and called out for two. That was just before I received the Additional duty email.

I sincerely apologize, and I respect you as a leader and as a mentor. That is has been one of my main reasons for


Servicemembers Protections: Insubordination or Protected Communication Under a Commander's Open Door Policy

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