Need Help with possible JAG issue

[texasm203]

Hey forum...

Long time no...... yeah. Anyhow, I went to AT in Ft Dix last year and at the end of AT I fell out of a truck and busted up my knees. I have been attempting to use my chain of command for 7 months to start an LOD investigation and get a follow-up appointment, but I had no luck. Finally, I by-passed my CoC and went straight to the acting 1st Sgt. He got pissed, started the process for me, and we got to a stopping point waiting for medical records to get transfered in. He said he'd call me when they came in.

Last weekend, I missed drill weekend. I was just exhausted and didn't go. I know, bad soldier.... bad (slap me on the hand). I got my letter stating I was getting a "U" for drill, and then a nice note from Top. "SPC, thanks for showing up. I'm pulling you LOD packet. It never happened. PS, I'm getting you orders for deployment." Now, I found out our entire unit is under "stop loss" and will be receiving orders, but I also know he can't LEGALLY pull my LOD. I've considered calling JAG and filing a formal complaint, but I haven't stopped to talk to my 1st Sgt yet to try to reason with him. Obviously, my CoC will not be any help to me.

Any insight at all would be great. I am between a rock and a hard place here. I don't want to piss off top, he's been great to me over the last 5 years, but I dunno if I can really deal with receiving a threatening not like that just for missing drill.

[Stryker_11a]

Sounds to me like he doesn't want to talk to you and is breaking the law by "pulling" your LOD packet. I would approach him and request an audience the your CO, you have that right. If you still do not have satisfaction, ask to see the SGTMAJ and then BC.

[cce1302]

You do have the right to request mast to your company commander and Bn CO. That may not be the best idea, however. It will probably get you your LOD, and whatever you rate, but you have already begun to build a wall between yourself and your chain of command. Any further steps will most likely get you that deployment you may or may not want. Your best bet is to go back to your 1stSgt and try to patch things up. You'll probably have to make up drills for no pay.
Be patient with the process. I have not been on your side of it, but trust me, it is as frustrating on the other side as it is for you.

[yocan]

I've never missed a drill, however I'm aware that you'll be stuck making up drill without being paid. Other than that I dunno man. Legally they can't use you requesting mast against you, but... if they have to choose between you and another getting deployed, it might tip the scale on you.

I wouldn't request the mast up more than one level, and if you do ask for clarification as to your rights due to you didn't feel he was straightforward to you, and that could get him in trouble or you a letter that says your silly, but if worded correctly you shouldn't get too much crap for it. still risky though.

[texasm203]

Wow, the story gets better. I go into the 1st Sgts office and start to "hash things out" with him.... of course in a very respectful manner. This means I said "yes first sgt" alot. LOL! Anyhow, I find out that the only reason he put the "note" in my letter is that my squad leader, being upset that I didn't show up, informed him that I planned on "U'ing out". Don't show up enough that they kick me out. Not true. I've missed drill 3 times... brother home on leave, hit a deer with my truck, and this time.

Anyhow, everything is on line. Now to my next posting.... new gun in the house.