Case Study: "An Army in Transition"

[ThunderHorse]

Moving on to Part 2:

After dealing with SPC Casillas appropriately, CPT Winters calls 2LT Berry back into his office and gives the LT a counseling that instructs him on the appropriate procedures to follow for his gender situation. 2LT Berry agrees to stop asking the subordinates to call him "ma'am" and also to wait until DEERS and medical processes the gender change properly before fully changing to female pronouns.

A few weeks go by and CPT Winters doesn't hear any further news of it. However, Mrs. Casillas, angered over her husband's Article 15 and subsequent reduction in rank catches wind of an event going on in Fayetteville. The following Saturday morning, one of the libraries in town will be hosting a Drag Queen Story Hour and 2LT Berry is listed as one of the drag queens who will be reading stories. The advertisement for the event had no mention of 2LT Berry in his official capacity being there or any reference to the Army. Mrs. Casillas makes sure to bring this up at the Family Readiness Group meetings. The outcry from the FRG reached a fever pitch at the post town hall meeting the Wednesday before the event, with some angry parents demanding to know why an 82d Airborne paratrooper would be doing such an event.

The blowback is such that CPT Winters is contacted by garrison and asked to order 2LT Berry to not go to the event. Should CPT Winters give the order? What should he do in response?

Sounds more like a GOMOR is heading to both their files...

 

[Locksteady]

Should CPT Winters give the order?

If he wants to avoid initial blowback from his immediate CoC? Probably.
If he doubts that it is a lawful order? Probably not until his doubts are cleared.

What should he do in response?

If initial blowback from his CoC is the lesser concern for him, he should request to know what specific guidance they're citing to support the lawfulness of ordering soldiers to refrain from participating in nonpartisan activities outside of their official capacities in the Army.

Why did you have to drag the 82nd into this? Also this case study is becoming more and more insane. Are we actually going to discuss a "fictional" LT Berry exposing children to moral deviancy and potentially grooming them via example? Jesus, dude.

... Good to have you back, R.C.

 

[Devildoc]

Honestly, makes me glad I can just say "fuck it, go see HR" and be done....

 

[Archangel27]

Honestly, makes me glad I can just say "fuck it, go see HR" and be done....

Certainly don't blame you there. We're having to grapple with these issues in the here and now, though, as @Cookie_ noted.

Sounds more like a GOMOR is heading to both their files...

I understand where you are coming from and the temptation is definitely there, but as @Cookie_ and @Locksteady have noted, since this is technically off of active duty and is not being done in an official capacity, the current guidance allows for that Real Life Experience to begin transitioning so long as it is off duty and not in uniform time.

https://armypubs.army.mil/epubs/DR_pubs/DR_a/ARN32878-ARMY_DIR_2021-22-000-WEB-1.pdf is the current guidance with regard to this issue.

Even though the current policy is what it is, I do want to ask how would you try and find that balance between Soldiers doing what they want to do on their own time out of uniform versus the importance of group morale/cohesion since it already has been mentioned that this is a huge change that could erode that. Any thoughts?

 

[ThunderHorse]

Certainly don't blame you there. We're having to grapple with these issues in the here and now, though, as @Cookie_ noted.


I understand where you are coming from and the temptation is definitely there, but as @Cookie_ and @Locksteady have noted, since this is technically off of active duty and is not being done in an official capacity, the current guidance allows for that Real Life Experience to begin transitioning so long as it is off duty and not in uniform time.

https://armypubs.army.mil/epubs/DR_pubs/DR_a/ARN32878-ARMY_DIR_2021-22-000-WEB-1.pdf is the current guidance with regard to this issue.

Even though the current policy is what it is, I do want to ask how would you try and find that balance between Soldiers doing what they want to do on their own time out of uniform versus the importance of group morale/cohesion since it already has been mentioned that this is a huge change that could erode that. Any thoughts?

The issue that command will face here, and I'm talking from Corps Commander to Battalion Commander is that the officer is totally ok to do begin their transition off duty etc. However, in the case study specifically it has a drag queen reading night in day in catered to five year old kids, which I also would consider a crime. And depending on what state you're in, likely would be. California? Maybe not depending on the city. I doubt you do any of that stuff in Killeen.

 

[Archangel27]

However, in the case study specifically it has a drag queen reading night in day in catered to five year old kids, which I also would consider a crime. And depending on what state you're in, likely would be. California? Maybe not depending on the city. I doubt you do any of that stuff in Killeen.

Assume that we're not in Fayetteville anymore, but this is taking place in someplace like Charlotte. Does that change your analysis?

 

[Gunz]

Captain Winters should advise 2ndLT Berry that military officers, regardless of their sexual identity, should not be taking part in any public event off duty that has the potential to bring discredit to the uniform or the branch he/she/they serve. A drag queen reading event? Honestly? In front of children???

Having lived in Charlotte, I can tell you, that little event would garner just as much outrage as in Fayetteville. Charlotte’s bigger, probably has more LGBTQ folks…but it’s also old Bible Belt despite its cosmopolitan facade.

At this point Capt Winters should be getting pretty Goddamned frustrated with Lt Berry’s pushing the envelope on this thing. Bad enough he wanted 20-something paratroopers to start calling him “ma’am”… now he wants to sashay his ass in drag in a public library. His indiscretions now demand some intervention.

Capt Winters should recommend psychiatric treatment prior to any medical processing. If Lt Berry acts in such a way on or off duty to bring discredit to the uniform, he should be advised that disciplinary action could result.

 

[Archangel27]

Thanks everyone for taking part, and it's certainly been interesting to see the different reactions here and differences in opinion.

I understand that this is a difficult and sometimes fraught subject to talk about, given how politically charged this can get. I appreciate also everyone being willing to share their experiences and how it can sometimes impact us directly.

I admit that I chose Drag Queen Story Hour for the second part of this case study to get a purposefully provocative reaction from everyone. Although I concur with a fair amount of the analysis, it is difficult for me to personally see how a situation like that, given the right set of facts, would lead to significant blowback from chain of command if the Soldier is participating in a private capacity and not otherwise implicating the services. @Locksteady's analysis is the one that I believe would happen in a real world situation since DQSH may not necessarily seem like a "partisan" issue just as the same principle is applied to gun rights, abortion, or Black Lives Matter currently within the DoD.

These are difficult questions and emotionally charged ones, but as @Cookie_ indicated, they are happening now and will likely begin to confront leaders today and in the near future as concepts as gender identity are more widely affirmed in the broader secular space. A lot of this was prompted by the transgender policy training that we as JAGs had to undergo last year and some very interesting questions were asked.

I would like to thank @Marauder06 for giving me the opportunity to write this case study and also invite those interested to write their own case studies which I will gladly participate in. I also welcome any feedback you may have about how to improve. As you know, part of our job is to write out these vignettes for commanders to take away lessons and legal principles learned. Anything I can do to become better at this is helping my development as well.

 

[SpongeBob*24]

LAME!!!!!!!!! NEW CASE STUDY IDEA.....

Tim, a 18B with a "few" deployments, is forced to give up his team time because his wife wanted a family. He settles down, gets a degree in Finance and becomes a 1st LT in the 82nd. Soon after his arrival to Fort Bragg, he gets sent to POLAND and decides to push into Ukraine on his own. Torn between family and whats right....he finds himself on the first line fighting a war the media isn't portraying.

Why is the western media lying?

Why couldn't he leave his old ways behind him and settle down?

Tune in next time.........

 

[Marauder06]

LAME!!!!!!!!! NEW CASE STUDY IDEA.....

Tim, a 18B with a "few" deployments, is forced to give up his team time because his wife wanted a family. He settles down, gets a degree in Finance and becomes a 1st LT in the 82nd. Soon after his arrival to Fort Bragg, he gets sent to POLAND and decides to push into Ukraine on his own. Torn between family and what's right....he finds himself on the first line fighting a war the media isn't portraying.

Why is the western media lying?

Why couldn't he leave his old ways behind him and settle down?

Tune in next time.........

I actually think that's a really cool idea. Kind of a Beau Bergdahl in reverse.

 

[ThunderHorse]

I actually think that's a really cool idea. Kind of a Beau Bergdahl in reverse.

We had that kinda in real life with the dude in the 10th Mountain and a graduate from West Point. 2014 Lawrence Franks was convicted of desertion and sentenced to four years in prison. The difference between him and Bergdahl? He joined La Legion Etrangere and fought in Afghanistan through multiple deployments and came back to the US voluntarily to face a courts martial for desertion.

Bergdahl other than some Pre-Trial confinement never saw justice.

 

[Marauder06]

We had that kinda in real life with the dude in the 10th Mountain and a graduate from West Point. 2014 Lawrence Franks was convicted of desertion and sentenced to four years in prison. The difference between him and Bergdahl? He joined La Legion Etrangere and fought in Afghanistan through multiple deployments and came back to the US voluntarily to face a courts martial for desertion.

Bergdahl other than some Pre-Trial confinement never saw justice.

I was talking about that guy with my students just a couple of weeks ago! The context was "don't go running off to fight the Russians in Ukraine."

 

[CQB]

 

[R.Caerbannog]

View attachment 39121

After the awards ceremony, betting the Crossfitter puts on a revealing outfit, giant stiletto heels, and heads off to read / interpretive dance at the nearest public school library. Cause Crossfit is all about giving back to the community.