By NCFM
Especially those in the military.
NCFM NOTE: these rules for the military will be expanded as thought appropriate by Major Fubar. If you have a suggestion for a rule please leave it in the comment section below. If you are in the military, or have loved ones in the military this is a must read article… come to think of it everyone else should read it too to better realize what a few legislators are doing to our military, especially our military men. Military leaders swear an oath to protect us. That oath includes protecting fundamental due process guarantees, guilty even if proven innocent is not one of them.
UCMJ Rules to Live By
By Major Fubar,
Rules to remember:
- Once accused, you are GUILTY until proven innocent.
This is especially true for current politically sensitive cases such as domestic violence, sexual assault, and espionage. You are going to a Court Martial- get ready. Even when your accuser(s) are shown to be lying, the military JAG will not admit their fault, nor apologize for screwing up your life.
2. CYA! Covering their butts is the primary concern of all commanders in the military today and this is continually driven from above.
Hence all the constant, repetitive, and mind numbing training and counseling that inhibits us from training for our real jobs. Consequently if you are accused of anything (per item 1 above) you are guilty and there will be a 20 step mandatory counseling and protection process taken against you to strip you of your rights and protect your accusers (check out your CGs policy letters).
Never put yourself in a position of vulnerability such as meeting/counseling a member of the opposite sex alone. Always have a witness with you and document dates and times, and who your witness was. A small tape recorder can save you too. If you meet someone socially and “hook up,” that person may have regrets later and accuse you of rape. If they’ve been drinking then they are incapable of giving consent!
If the accusation is serious, you are not only guilty, but a psychotic trained killer that’s suffering from PTSD and you can’t be trusted.
3. Even if you are the one to call the police or MPs, you are probably going to get arrested.
This applies even if they have to pull that frying pan out of your head that your spouse hit you with. I’ve seen this more times than I can count. Remember, you are a psychotic trained killer that’s suffering from PTSD, and you can’t be trusted. Bad news of any type of incident doesn’t get better with age, call your supervisor ASAP.
4. Your spouse, or almost anyone (check your state’s laws), can file an EPO (Emergency Protective Order) against you at anytime.
Proof is no obstacle. All they have to do is go to a judge and ask for one. The first you will find out about it is when the police officer shows up at your door and tells you to leave within five minutes or be arrested. They will also take your firearms, carry permits, etc. (forget that Second Amendment thing).
EPOs usually last for two weeks so that your “victim” has plenty of time to strip your house of all you own. Be sure to grab your laptop, titles, passport, etc. on your way out. It’s a good idea to photo or video your belongings so you have a record of what was taken from you. If you have pets, don’t leave them behind. There are no allowances for returning to your property, they will starve!
5. Do not talk or make statements to CID, MPI, CI, FAP, etc. ! ! !
You may think these are impartial organizations that will help expedite clearing your name and revealing the truth, but the reality is that most of the time they are just a tool for the prosecution.
They will usually look for only negative information and consult only witnesses that will help their case against you. They will pick apart what you have told them for inconsistencies. This includes them calling that little sister of yours that doesn’t understand what’s going on, all the while pretending they’re trying to help you, so prep your family and friends to zip it.
This lack of impartiality is counter to even the best interests of the military in terms of time and money, but it is the current reality.
6. You need to act like your own lawyer, document everything and keep a running timeline.
No one knows your case better than you. Your lawyer has many other clients. Be proactive and organized. Keep a daily log of events and mirroring documents to back them up. This is crucial!
Don’t ever throw this stuff away. Place a copy somewhere else in case of a second EPO.
If you can afford it, and maybe even if you can’t, hire a civilian lawyer as well as having military council. JAG lawyers are all friends/coworkers that are assigned to be a prosecutor or defense council on a revolving basis. Having a seasoned civilian attorney that works directly for you can only help. It’s your future on the line, what’s it worth to you?
7. The UCMJ process can be briefed as fair and impartial, but it’s not (item 1 above).
I’ve been on both sides, and when it’s turned against you, you see how unfair it can be (depending on your commander). The military can keep you flagged and in an indeterminate status for as long as they want (just like Gitmo). If you decide to opt for a Court Martial over an ART 15, the military has the option (and they will probably take it) to add additional charges to your case. I’m not telling you to just take an Article 15. Just be ready for them to show up unannounced at the doorstep of your family, friends, and enemies digging for dirt.
8. UCI, (Unlawful Command Influence) is alive and well.
This means if your commander’s pet project for his next OER (evaluation) is, for example, reducing drug use, and that’s what you’re accused of, look out! You’re getting both barrels. There is no standard of punishment per crime, only minimum and maximum sentences, and every rule can be waived. Your commander may also be getting UCI from his boss to “slam” you, I’ve seen this many times in meetings and conversations.
If you are being treated unfairly, you may request a Congressional Inquiry through your Congressman. I have seen this work well for many enlisted Soldiers, but when I did it I unleashed a giant backlash, so just an FYI.
9. The Family Advocacy Program (FAP) is a farce.
Referral to them is mandatory if there are accusations of domestic violence (and why wouldn’t your accuser want to go all out against you? This is especially true of that ex that just lost all their government benefits).
FAP, is an organization that needs to justify its own existence (and budget). All they have is a hammer and you are a nail. They need to get you in their program and they will hold a secret meeting to determine if you should be there. Oh, by the way, you aren’t invited to attend and speak for yourself and provide evidence and witnesses. Your commander can attend, but he/she can’t vote.
Like an EPO, evidence is no issue, and they will justify their procedures by saying they are not putting you on trial. If they admit you to the program though, and they will, you will be blacklisted for the rest of your career in a secret database, just like the guys at Tailhook. Most FAP counselors are female civilians that act like they are the victims of domestic abuse, or maybe they’ve just seen too much of it, so don’t expect a lot of sympathy or help. Your assigned counselor that’s “there for you” is also your accusers and they have probably already heard and bought into their version of events (see rule 5). Unfortunately, just like politics, it pays to go ugly early.
It doesn’t matter that your spouse cheated on you, stole everything from you, or it has even been revealed they are a felon. You are the service member and you are going through their program, because you are a psychotic trained killer that’s suffering from PTSD, and you can’t be trusted.
10. The best for last. There is no retribution taken against false allegations made against service members!
This is especially true if your accusers are civilians. That spouse, or even just a one night stand, has the ability to ruin your life. If at first they don’t succeed, they can just continue to add more allegations, even years later; the military will play along.
I hope this helps you. I don’t want my suffering to be in vain. Please pass this on and add your story or lessons.
Thanks!
Major Fubar
…because I am not a psychotic trained killer that’s not suffering from PTSD and people need to know about this garbage, especially young troops new to the military.
Illegitimi non carborundum
Think about it…
(Don’t let the hypocritical bigots get you down)
Our military is under legislative attack.
That attack disrespects falsely accused military members while protecting their false accuser.
The attack has to be stopped before our military is replaced completely with service members disloyal to their oath of office.
One Response to NCFM Member Major Fubar, UCMJ Rules to Live By, Don’t let the hypocritical bigots get you down
Fred Garcia on July 6, 2015 at 3:24 PM
AFR 123-11 states ‘All members have a duty to report violations of law, irregularities, injustice, lawlessness, abuse, fraud, waste and abuse. Wantonly failing to do so will subject one the the UCMJ. This applies whether the abuse is on the person or another. Any retaliatory action, however subtle [Like sending one to the psychologist.] violates Article 92, Disobeying a Lawful General Order; and, where it involves Officer’s such abuse violates Article 132, as disgracing and dishonoring conduct; that, violates Article 134, of a nature prejudicial of good order and discipline – as conduct of a nature discrediting the armed services (generally) and the officer corps (specifically) bringing the lot into ill-repute and breeding contempt toward authority. These would be the specific charges and specifications to file with the JAG [And if the JAG is a culprit, to file with a JAG at another location.]. And if anyone attempts to dissuade one from so filing – simply remind that person of Article 98, Failing to Comply with Procedural Rules. Where one’s immediate Commander is involved, [And they usually are.] one can always file an Article 138, Complaint of Wrongs against that Commander [That rises to the Secretary in any case.]. The UCMJ works both ways. This will not cease an action, but it will make the entire Command think twice whether it should be pursued; and, at a minimum will thwart any subtle reprisals. Footnote: When I did this the JAG advised “You know nothing is going to be done!” Too which I retorted, “I know!” Too which he asked “Then why are you doing this?” Too which I answered “Because AFR 123-11 states I have a duty to report such conduct!” Hope this helps! And by the way, the charges were against the former JAG, My Commander, and the Base Commander [Arrogant Bigots!].
