My First Visit to the Inspector General – Part 2


This is my letter to my Commander, requesting my appeal, and the results. I need to point out that I was never given the opportunity to speak with the Battalion Commander for my appeal, as the IG said I would. The Battalion Commander made his decision before the letter of appeal even hit is his desk. My commander’s letter to the Bn Cdr and his decision are also on this post.

12 Jul 91

To: Commander Imposing Punishment

Subject: Appeal of Nonjudicial punishment

1. I am writing to you to exercise my appeal rights under the code of Iowa Chapter 29B, The code provides that appeals of punishment both as to the amount of the punishment, and as to whether the punishment is deserved, may be made in writing following the announcement of punishment.

2. I appeal on the following grounds. First, at no time was I offered the opportunity to consult with a Judge Advocate Officer, however there are two officers assigned to the Group, and 3 to the 34th Brigade. My decision was based on a layperson’s understanding of my rights as they were explained to me. Had I sought counsel after the opportunity was presented, the outcome of the case may have been mitigated.

3. I was told that any appeal would result in a possible more severe penalty than that which was originally imposed. My discussion with the Camp Dodge staff during the AT in June revealed that a more severe penalty cannot be imposed on me by the appellate authority than that originally offered. In fact an appeal can mitigate, remit, set aside, or suspend punishment imposed by the immediate commander. Based on erroneous information I chose not to appeal.

4. My appeal is also based upon the fact that witnesses to my need for a ride to drill would be available by written statement to support the fact that my supervisor knew in advance that I had car trouble, but did not support me at my hearing before the Commander. I would like the record to reflect that I was concerned enough about my car problems to arrange alternate transportation to drill that weekend, but the sergeant did not have directions to my home and did not pick me up. He does remember however, my asking for a ride in advance of the drill for which I was marked AWOL.

5. Punishment may be too severe for the case at hand. I was reduced one grade. However my attendance is good. I have tried to present evidence of a legitimate excuse for my absence. I was publicly punished in formation without any opportunity to present my side of the situation to my unit. This is outside the Code authority. I am willing to accept a suspended reduction in grade and a suspended forfeiture. I believe that this would correct the error and injustice done in this case, presented above. Please forward your recommendation to the Battalion Commander, the appellate authority, for disposition.

Sincerely,

PV2 Brigid

This is the letter my commander sent the Battalion Commander, and the Bn Cdr’s decision:

16 July 1991

MEMORANDUM FOR Commander, (appellate unit)

SUBJECT: Appeal of Nonjudicial Punishment

1. I am forwarding this appeal for your consideration.

2. Attached is the request presented by the soldier.

3. Note paragraph 3 is the only information with any basis as was indicated during our conversation on 29 June 1991.

1LT (Scary)

Battalion Commander’s response:

TO: PFC Brigid

I have considered your appeal. I’m restoring your rank to PFC and suspending your pay for 6 month. If you have questions please call me at the HQ’s.

(Battalion Commander’s name)

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