Anonymous
Anonymous asked in Politics & GovernmentLaw & Ethics · 1 decade ago

Can I bring a "hazing" charge against my platoon sergeant. Please provide legal definition of hazing?

Before I start, I am in the National Guard. This is how it all started, I will start at the beginning of it all. In early November I had went to in-process with my unit. I took a PT test and all that stuff. I had brought up the fact that the National Guard had been over-paying me. They had paid me as though I were active duty. My Platoon Sergeant had quickly fixed that matter. He stated that "if by the end of this month you're not getting any money taken out of your check then don't worry about this." I interpret that as him telling me not to worry about paying the Guard back if by the end of the month they weren't deducting any money out of my check. They didn't, and still haven't. Around late December, I had called my Platoon Sergeant letting him know that the National Guard owes me a good number of leave days in pay and that I had not been paid my Drill pay at all. He said "he'd take care of it." I also delivered a most recent copy of my LES to him. He obtained it and called me back. He then asked to view my LES's via mypay.gov. I allowed him to do so. He then saw that I had been paid active duty (which he darn well knew) and said "This is ****** up. You were paid active duty. You're going to have to pay this back." I was stunned. I didn't know how to respond. He had said he would take get me my pay which is owed to me. We are now almost at the half way point of January. They still have not paid me. I called him and left a message. It went something along the lines of "Hello Sergeant, this is Private (last name). I am calling in regards to this pay issue. I mean no disrespect by this, but this needs to be taken care of. I am now having to dip into other funds that I had been saving for vaccation because someone E-7 , or E-6 made a mistake in the financial department. I have sacrificed too much for the Army for them to be doing this. I appologize because I know the mistake isn't yours, but something needs to be done about this. Please call me back." I had not shown any disrespect, I gave him the proper Military customs and courtesies. He had attempted to call me back. I missed his call, then he missed mine. It had become in his words "a game of phone tag." I am a busy person, and was unable to answer my phone when he called. He had left me a message stating that "I am not to call this number again, and if I do; He will punish me under UCMJ." He also said "I don't appreciate the message you left me, and you'll pay for it on Saturday drill (tomorrow). I believe that if he punishes me he can be charged with "hazing" under UCMJ. Because there is no legitimate reason for him to give me correctional training, also referred to as a "smoking." He has no real reason to punish me for that message. The Military owes me money has been ridiculously slow in getting it to me. I have been respectful to all my superiors since day one, however, I will tolerate abuse from any superior. I already contacted a lawyer that specializes in Military cases. However, I was unable to speak with him because no one was in the office, but I did leave a message. I need to know if he can be charged with hazing if he should punish me tomorrow. I will also take my ipod voice recorder and stuff it in my breast pocket. I'll leave it running all day. I saved the message he left me.

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  • 1 decade ago
    Favorite Answer

    Firstly, the pay that you weren't entitled to, but notified your officer of does legally have to be paid back. You are also entitled to your sick/holiday/annual leave pay as per your contractual agreement with the national guard.

    Hazing is illegal, subjecting any person to do things against there will even if it is for traditional 'hazing reasons' is highly illegal and is an infringement upon not only your basic human rights but also your democratic rights. You have the right to feel safe, and to live and work in conditions that are fair and humane. Some of these things that he has said and done are grounds for a law suit, especially since some of it sounds like black mail to me, again something punishable by law (in Australia anyway).

    Monetary concerns should be taken up with the people/persons in accounting, and if they do not fix up this discrepancy. If this does not work, then try, in written form to again notify them that there has been problems with your pay and that you wish for it to be cleared up and if your assistance is needed then you are readily available to help.

    If this also fails, then i suggest contacting a lawyer.

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  • 1 decade ago

    Well first of all you will have to pay back the money, but they will not make you write a check for it, you will just not receive any Drill Pay until it is paid off...if your SFC does "Smoke" you, he can, I would have just counseled you, but "Smoking" you is the easy way out that doesn't leave a paper trail that could be used against you in the future...be advised that an NCO can discipline you anytime they feel that you need it and the only way it could be illegal is if he singles you out all the time, and it would not be hazing but an Equal Opportunity or Inspector General Complaint...I really did not see any Disrespect in your phone message,(I did not hear the message) but you did mention that an E-6 or E-7 did not do their job, and knowing the National Guard, those people are probably his buddies...remember Disrespect can be anything from yelling at to "Rolling your Eyes" at an NCO...but he seems a little Hard Core for a "Weekend Warrior"...thing like that happen sometimes in Active Duty, but in general we are more disciplined and professional...the best course of action you could have done was go through your Squad Leader and let them handle the face to face with the Platoon SGT...my advice to you is go Active and in about 10 years you will probably out rank the SFC since it takes someone dying to get promoted in the National Guard or Reserves...but a "Smoking" never hurt anyone, but getting a Counsuling Statement can be used for UCMJ later on...I say just go to your Squad Leader or Team Leader and try to avoid the Platoon SGT...but Active is the best...

    Source(s): Medically Retired Army NCO 91-04
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  • 3 years ago

    Army Definition Of Hazing

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  • jdq240
    Lv 5
    1 decade ago

    Yeah, sounds like the admin has there head up there ace... What you should do, or have done, is gone down there to the headquarters and talk directly to admin. They would have gotten this taken care of. Your platoon Sgt. Obviously dropped the ball in not pursuing the issue, but that is usual, and most likey admin fault, since the sgt. only has one weekend per month at the drill station. Have you been spending the money the military had been giving you? You may have to just suck it up until the military and you break even, which may be several months, depending on how long you've been getting active pay. As for the hazing, if you instigate any thing, he has every right to discipline you. He can make you do push up, sit ups, any form of exercise, as long as he is doing them as well, along with you/ but unusual thanks to mothers of this great nation softening up military standards. You'll end up giving yourself more trouble if you try to get the sgt back. Can you really afford a lawyer? Just show up to drill, plead the fifth, and take care of your admin issue, if the sgt tries to screw you over, take it to the next person in your chain of command.

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  • Anonymous
    5 years ago

    This Site Might Help You.

    RE:

    Can I bring a "hazing" charge against my platoon sergeant. Please provide legal definition of hazing?

    Before I start, I am in the National Guard. This is how it all started, I will start at the beginning of it all. In early November I had went to in-process with my unit. I took a PT test and all that stuff. I had brought up the fact that the National Guard had been over-paying me. They had paid me...

    Source(s): bring quot hazing quot charge platoon sergeant provide legal definition hazing: https://tr.im/yuvRQ
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  • Anonymous
    1 decade ago

    Hazing is where some Moron uses his /her position or authority experiance to take advantage of a new or less experienced worker by telling lies threatening of forcing this person to do something stupid illegal or Offencive

    see a solicitor yesterday we have been trying to stop this kind of abuse for years

    I know it is part of the USA Military way of life to bully but when it comes to money

    use the Law it is an entitlement

    38 years in Air force retired

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  • 1 decade ago

    You didn't get "Hazed",Your Platoon Sergeant was derelict in his Duties.It's not your job to bring charges.Contact your Disbursing Officer and your Commanding Officer and bring them up to speed.It's better to jump the chain of command than to not do anything at all.

    Source(s): WWW.Military.Com www.Army.Mil
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  • Anonymous
    1 decade ago

    Take all this to the First Sergeant. You may be in the right, and threats such as the platoon sergeant made are inappropriate. But if you don't follow the chain of command, you'll get nowhere and may, in fact, be disciplined for failing to do it that way. If you don't get satisfaction from the First Shirt, you can appeal to the company commander. And if necessary you can go up the chain of command from that point.

    I know, its' a royal pain in the butt to have to "do it by the numbers", but that's the military for ya. Good luck, dude.

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  • TerryT
    Lv 5
    1 decade ago

    Hazing is defined as an abusive, often humiliating form of initiation into or affiliation with a group, including:

    Any willful action taken or situation created which recklessly or intentionally endangers the mental or physical health of another.

    Any willful act by any person alone or acting with others in striking, beating, bruising, or maiming; or seriously offering, threatening, or attempting to strike, beat, bruise, or maim, or to do or seriously offer, threaten, or attempt to do physical violence to another made for the purpose of committing any of the acts.

    The term hazing does not include customary athletic events or similar contests or competitions, and is limited to those actions taken and situations created in connection with initiation into or affiliation with any organization. The term hazing does not include corporal punishment administered by officials or employees of public organizations when in accordance with policies adopted by their respective organizations.

    Linked some articles, the first one is about hazing in the marines, may be similar, check out the links...

    good luck

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  • OPC
    Lv 5
    1 decade ago

    ok didn't read that novel but i have talked to my jrotc teacher and other people from the military about hazing and it just something that happens from and i'm not talking about calling names i'm talking about physical hazing from what i am told people don't expect it to be fun or easy when they join the military and to quote a man who was in our class who is retired from the military "my commander said we can do this by the book but i'm more of a hands on type of person" but then again all of these people were older men and i don't know if this still goes on and i really am not trying to say anything bad about the military

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