Canadian Forces Officer guilty of wearing unearned medals.

[ballz]

I have no idea what admin measures she may be facing with regards to her previous conviction and/or this one. If we consider her to have none (which I hope is not the case), can her CoC make a recommendation to DMCA for a 5(f) release, thereby starting an administrative review?

I have only been involved in one AR, but it was for a member that had been placed on C&P and breached the conditions of the C&P by getting an AWOL charge only a week after being issued said C&P. I never came across anything that stated any minimum conditions which must be met for the CoC to get the ball rolling on an AR.

While the individual convictions may not constitute grounds for a dismissal with disgrace from a justice point of view, there can certainly be a case made for a release from an administrative point of view.

 

[Journeyman]

Why should the judge accept the sentencing agreement?

Based only upon the newspaper reports (the CMJ website is understandably not real time), the Judge had heartache with its leniency (given previous Court Martial; accused Senior Officer status), but "found no precedent" to rule in excess of the joint submission.  Apparently military Judges are not allowed to establish precedent even where the situation calls for it.  :dunno:


Shame our resident FJAG Colonel (ret'd), who's apparently checked in here daily, has decided not to comment.

 

[George Wallace]

I have no idea what admin measures she may be facing with regards to her previous conviction and/or this one. If we consider her to have none (which I hope is not the case), can her CoC make a recommendation to DMCA for a 5(f) release, thereby starting an administrative review?

Other than her immediate circle within her of CoC, I highly doubt we will know what exactly her CoC is doing administratively, or otherwise, with her.  We may only find out after all actions they take are finalized.

While the individual convictions may not constitute grounds for a dismissal with disgrace from a justice point of view, there can certainly be a case made for a release from an administrative point of view.

Personally, I would figure that being convicted twice for fraudulent conduct would justify that, but that brings us back to my previous point -- we are not privy to any knowledge of what her CoC may be contemplating, nor will we be until everything is finalized within all legal channels.

 

[FJAG]

Based only upon the newspaper reports (the CMJ website is understandably not real time), the Judge had heartache with its leniency (given previous Court Martial; accused Senior Officer status), but "found no precedent" to rule in excess of the joint submission.  Apparently military Judges are not allowed to establish precedent even where the situation calls for it.  :dunno:


Shame our resident FJAG Colonel (ret'd), who's apparently checked in here daily, has decided not to comment.

I noted that there was a joint recommendation on sentence and a comment that the judge was originally reluctant to accept it.  I'm holding my comments and opinions on this until I see the published written decision which unfortunately probably won't be posted on the CMJ website for a few months.

:cheers:

 

[Journeyman]

I'm holding my comments and opinions on this until I see the published written decision which unfortunately probably won't be posted on the CMJ website for a few months.

Ack.  Informed opinions....even those not informed by transcript....are always welcome.  Even if just gut feel. 

Your profile says you were a Combat Arms Officer.....  op:

 

[FJAG]

Ack.  Informed opinions....even those not informed by transcript....are always welcome.  Even if just gut feel. 

Your profile says you were a Combat Arms Officer.....  op:

Even as an artillery officer I was taught not to fire until I had double-checked my data.  ;D

:cheers:

 

[Journeyman]

Even as an artillery officer I was taught not to fire until I had double-checked my data.  ;D

While not remotely relevant to the topic, I thank you for reaffirming why we need 'danger close' indirect capability within the Bn, and not residing two bounds back with the slide-rule troops.  You clearly chose the right classification.

Some of us have been in positions where we were paid to think and act on our feet.

/tangent

 

[The_Falcon]

Keep it civil Journeyman, your incessant attempts to bait FJAG are getting tiresome.  If he wants to withhold comment until he has all the details, that is his prerogative.  Until then you are free to do your own research about case law regarding joint submissions here https://www.canlii.org/en/ca/

 

[FJAG]

While not remotely relevant to the topic, I thank you for reaffirming why we need 'danger close' indirect capability within the Bn, and not residing two bounds back with the slide-rule troops.  You clearly chose the right classification.

Some of us have been in positions where we were paid to think and act on our feet.

/tangent

Still  ff topic:, I agree with you that the battalion should have its own indirect fire capability but even they double-check their data to ensure that a "danger close" does not become a "drop short"

To think and act on your feet is commendable.  I tend to believe that thinking and consciously deciding not to shoot from the lip is equally commendable.  :2c:

:cheers:

 

[Journeyman]

..... consciously deciding not to shoot from the lip is equally commendable.  :2c:

I agree.  Regardless of how informed.  Apparently some Mods agree.

 

[expwor]

Speaking only as a civilian who was in the Federal Public Service, wouldn't seeking dismissal from the Armed Forces be something protected under the Privacy Act?  Even if her CoC wishes her released wouldn't they need to protect her privacy rights too. 
While a court proceeding (and I assume Courts Martial are considered a court proceeding) is public, wouldn't personnal administration be considered private and protected under the Privacy Act
I know where I worked (Corrections) both staff and inmates had privacy protection
Hope it makes sense, only working on my first coffee LOL

Tom

 

[Eye In The Sky]

Can she have admin action placed on her after she was already charged?

Most definitely.

There are quite a number of civilian, military and ex military on social media who are putting her up with the likes of russel williams

That just supports that some people truly are a special kind of stupid.

 

[George Wallace]

.......... There are quite a number of civilian, military and ex military on social media who are putting her up with the likes of russel williams ........

That just supports that some people truly are a special kind of stupid.

I think what Chief Stoker was actually saying was that like Russel Williams, she has disgraced the CAF; not that she had committed a heinous criminal act like murder.  Both cases disgrace the CAF, but to differing degrees.  Let's not go overboard in lumping "some people" all into one category.

 

[Stoker]

That just supports that some people truly are a special kind of stupid.


I think what Chief Stoker was actually saying was that like Russel Williams, she has disgraced the CAF; not that she had committed a heinous criminal act like murder.  Both cases disgrace the CAF, but to differing degrees.  Let's not go overboard in lumping "some people" all into one category.

That's what I was thinking, from what I have been reading on social media there are people who want her literally strung up and that's CF personnel. Yes she disgraced the CF, and there's no way back from something like that at that rank level. If she was smart she would drop her release now and hope to fade away.

 

[jollyjacktar]

That's what I was thinking, from what I have been reading on social media there are people who want her literally strung up and that's CF personnel. Yes she disgraced the CF, and there's no way back from something like that at that rank level. If she was smart she would drop her release now and hope to fade away.

If she was "smart", she wouldn't have put herself into this position in the first place and we'd never heard of her.  But apparently, she's not that smart...

 

[George Wallace]

Not knowing her personally, but making a comment:  Sometimes Egos trump Smart.

 

[tomahawk6]

Sounds like the accused should be reduced to Major and allowed to retire,as she has 34 years of service.

 

[Tibbson]

Just repeating what my friends still in have said and I can understand their view. They believe had that been an NCM they would have been treated a lot more harshly and most likely given the boot. My former colleague believe there is a two tier justice system in place and unless that belief is dispelled then you will see morale erode even more.

A number of years ago I investigated a MCpl wearing a medal he was not entitled to as well as a specialist qualification badge he was not qualified to wear.  He recieved a $1000 fine and no reduction in rank or cell time.  While I dont like the sentence in this officers case I dont see it as out of line what an NCM would recieve.

 

[Bruce Monkhouse]

A number of years ago I investigated a MCpl wearing a medal he was not entitled to as well as a specialist qualification badge he was not qualified to wear.  He recieved a $1000 fine and no reduction in rank or cell time.  While I dont like the sentence in this officers case I dont see it as out of line what an NCM would recieve.

What do you suppose he would have received if he had been charged again just 3 months afterwards?

 

[Tibbson]

I'm sorry, but I would hope upon being handed a rank of LCol, that nit picking uniform checks might be something you could be trusted with......

One would think that but just this past tuesday, here in Ottawa where such issues should never occur, I had to correct an AF major who was wearing a Commanders Commendation on the flap of his shirt pocket vice on the pocket where it is supposed to be worn.  This site even points out more errors from people who should know better or who have people working for them who should know better.  http://wearingyourmedalswrong.blogspot.ca