Quote Originally Posted by Anthony Hoh View Post
I read the article and agree with other comments that it is well written and researched.
That said IMO the article itself is misguided. I got the impression that the author felt NCO's run smoke sessions on a whim outside thier inherent authority or justification. Looking at the time he spent in service (listed in the notes on the article, I think it was a four year enlistment) I doubt he got that far in the ranks, I dont say that as a slight, I say that to highlight the limited perspective one Soldier gets in one unit for four years. Is the line between on the spot corrections/ additional training blurry... sure. But I have never run a smoke session because I was bored or though it was funny, or out of an obligation to generations of Soldiers before me. I do it to maintain discipline and ultimately because I care for the troops in my charge. (sorry ,if that sounds dramatic but from my foxhole it is true). Giving a physical challenge to my Soldiers in lieu of UCMJ is a lot like correcting my own children. I don’t want to do it, I love and care for them both, but it is necessary for their development, and in my mind looks out more for their welfare in both cases.

For example:

You have a young Soldier E-1/E-4 who leaves his weapon at a training site. Should I recommend UCMJ punishment? Okay, he is 21 married with two kids, what am I signing him up for? He loses pay, so he can’t meet financial obligations without the embarrassing process of AER and ACS loans and grants. Not to mention the time lost by his Squad Leader and PSG in Trial Defense Service appt's., loan application forms, and “special time" with the Commander and 1SG. The Soldier also loses time with his family as he performs extra duty.

Or, should I disassemble his weapon, giving one piece to each NCO in the platoon. The Soldier accepts a physical challenge from each NCO as he reassembles his weapon piece by piece, painful...yes, but he won’t forget his weapon again, plus it still serves as a reminder to other Soldiers who witness that proper accountability for equipment is important.

If I received UCMJ every time I stepped on my own crank while growing up in the Army I would probably still have not received a pay check (16 years later), and might find the need to extend my term of service to complete my extra duty! I needed discipline.

Thankfully I had NCO's who smoked the ever living crap out of me, when I screwed up. As I went to the promotion board for SSG I had no blemishes on my records of recorded UCMJ proceedings.

Soon technology will not be able to overcome the soft underbelly of the Nintendo generation

Somebody needs to give responsible tough love, if you don’t have the cajones to do it, or that hurts your sense of morality/justice then kindly step aside.
The Military Justice system, when properly applied, gives a great deal of latitude to the commander in determining the proper punishment, without depriving the Soldier of his due process. In the example about the Soldier who leaves his weapon at a training site, the commander could come up with a form of corrective training that is genuinely intended to improve the Soldier’s performance without appearing punitive.

An example of corrective training versus punishment is: you have a Soldier who is continually late to formation. Having him pitch a tent in front of the orderly room for a month so that he is accounted for is punishment. Having him report to the 1SG’s office 15 minutes before formation is corrective training. Having him do push-ups is pretty much worthless. If you were the Soldier, which would get your attention without souring your view towards the unit?

I had a 1SG in Saudi who needed to have his vehicles cleaned. Whenever Soldiers committed misconduct of any type, he would punish them by having them clean the vehicles all day. When I explained the whole punishment/corrective training distinction to him, he explained that the Soldier, by committing an alleged offense, showed inattention to detail. “That’s why I’m correctively training him by having him detail the trucks.”

In addition or instead of corrective training, the commander could issue a local letter of reprimand. It would stay in the Soldier’s file until he PCS’s, and might effectively get his attention without affecting his permanent record. If he decides to administer an Article 15, he could suspend the punishment, so that the Soldier does not lose pay or rank until/unless he steps on it again. Or he could impose an Article 15 with no punishment (except the Article 15 itself). If the Soldier is an E4 with no previous Article 15’s, he can get one freebie that no board will ever see.

Although I am sympathetic to Soldiers whose minor misconduct causes financial problems due to being married with kids, I don’t like to see two Soldiers commit the same offense only to have the married one get a break because of the second order effects. I would not want to be the commander who “correctively trains” the first Soldier who leaves a weapon at a training site, then has to punish another Soldier who leaves his weapon at a training site after the Brigade commander locks down the unit trying to track down the weapon.

Although commanders and NCO’s often think that they are doing a Soldier a favor by punishing him “off the record,” this creates a potential for a lot of abuse. Before a Soldier can receive a company grade Article 15 or greater, he receives the benefit of counsel. If the charges cannot be substantiated, the TDS attorney can likely prevent the Soldier from receiving the punishment. Also, before receiving an Article 15, a Soldier can present witnesses on his behalf, make a statement, or turn down the Article 15. Additionally, he can appeal whatever punishment is given. If a first line supervisor decides to mete out punishment as he sees fit, he really isn’t doing anyone a favor.
MAJ White, ILE student, Fort Belvoir