Case Study: Karma

[Marauder06]

Yes and no...? I tried doing some research on this and I thought it kind of fell under a catch-all (Article 134), but is only applicable if it "embarrasses the military". This scenario I believe falls under one of the three, but not all acts of adultery seem to from what I remember.

If someone could clarify, that would be great.

Yep; got to love good ol' Article 134. The key phrase is "contrary to good order and discipline," which is subject to wide interpretation.

So if it IS that laptop, there are a hell of a lot of other issues at hand that Faith needs to be worried about than just adultery... I think someone may be looking at a DD when this is all over?

Or something, yeah. ;)

Im assuming that the plan is to have the contents of the laptop exploited by the S2. Since you're dealing with American citizens, however, wouldn't this be an IO violation?

IO (intel oversight) usually only kicks in when you're obtaining/retaining information for intelligence purposes. Commanders, even intel commanders, are completely within their rights to conduct legit criminal investigations.

Now, the problem here is, James is not under Faith's command, and Faith has not been appointed to conduct an investigation. He also obtained evidence (in this case the laptop) and has not maintained an effective chain of custody. So who knows what might happen in all of this.

 

[0699]

"Twiggly little blond whore" means it isn't Sgt Smalls wife. Hope it's not the new LT...

 

[Marauder06]

Faith felt like he needed to tell someone about it, but he didn’t want to involve the inept Dud. So he called the Group DCO.

“Hey sir,” Faith began, “I need to talk to you about something important. Do you have a few minutes?”

“Yes, we were about to go to lunch, do you want to join us?” the DCO replied.

“That would be fine sir, who else is going to be there?” Faith asked, not wanting to unnecessarily air dirty laundry.

“Just you, me, and Al James,” he answered.

“You’re meeting Al James for lunch, sir?” Faith asked, somewhat surprised.

“Actually, he’s already here, we’re walking over to the Stab and Jab for a quick bite, Meet you over there?”

Not knowing what else to say, Faith replied, “Sure, sir, see you guys there.”

After placing the handset back in the receiver, Faith looked over to Reynolds and said, “First Sergeant, I think I need you to have lunch with me.”

Faith didn’t know exactly what to expect from this lunch with the DCO and Al James, but what happened was definitely not what he expected. Throughout the entire lunch, Al James acted… normal. Absolutely.100%.Normal. Unlike the last time they had lunch together, this time Al James heaped his plate with healthy food, and actually ate it. Over the course of lunch, he told several lengthy and, Faith had to admit, very entertaining stories about his time in Pakistan and his later grad school experiences at Yale. He acted every bit the engaging, intelligent, and interesting person that everyone seemed to think he was.

“So Scott,” said the DCO during a lull in the conversation, “What did you want to talk to me about?”

“Nothing important sir, it can wait until after lunch,” Faith replied.

“Oh come now,” James interrupted, “It’s bad karma to keep something inside like that, things need to be let out.”

“OK then, sir- I think CPT James here has been nailing an enlisted man’s wife, has been cheating on his own wife with someone else, he has been AWOL for at least three days, and it looks like he stole a classified laptop, took it home and gave it to his son. And oh yeah, despite how he is acting right now, I’m pretty sure he has gone bat-shit crazy.” At least, that’s what Faith wanted to say.

Instead, he said, irritably, “You know Al, you say that a lot.”

“What’s that?” James inquired, cheerfully.

“Karma. It’s always ‘Karma this,’ and “Karma that’ with you.”

“Yeah, that’s something I picked up in Pakistan. I’m a big believer in karma; people get what they deserve,everything happens for a reason, and everything evens out in the end.”

“Right,” said Faith, shifting his attention back to his lunch plate.

Just then, the DCO’s cell phone rang. He answered it, then abruptly set his fork back down on his place. “I see. Well, I’ll be over there in just a few minutes.” Hanging up, he looked at James, and then at Faith.

“That was the staff duty NCO. They just got a call on the red line from the CJSOTF. There was a mortar attack, MAJ Ripley is dead. I need to get back to the office.”

Not waiting for a response, he rose and left the restaurant. The other three at the table, Faith, James, and Reynolds, said nothing for a long moment, trying to absorb the enormity of the DCO’s words.

“Well, I guess we better leave too,” said Reynolds eventually.

 

[CDG]

Damn...... Didn't see that coming.

 

[Salt USMC]

IO (intel oversight) usually only kicks in when you're obtaining/retaining information for intelligence purposes. Commanders, even intel commanders, are completely within their rights to conduct legit criminal investigations.

Oh, rog. I was under the impression that EO 12333 prevented any collection by intelligence agencies on US citizens.

EDIT: I'm dumb. I missed the whole part about it being a classified laptop.

 

[Marauder06]

Oh, rog. I was under the impression that EO 12333 prevented any collection by intelligence agencies on US citizens.

EDIT: I'm dumb. I missed the whole part about it being a classified laptop.

It's always worth it to ask your JAG. In all the times I've been a commander, though, I've never done investigations where the EO on IO applied.

 

[LimaOscarSierraTango]

Oh snap!

Priority of effort... I think once things settle down in a few hours, Faith needs to make the DCO's day a little worse. You can't bring MAJ Ripley back. There are other people working it (and he should be able to delegate most of the work). Possible spillage/leakage trumps the mortar attack IMO.

 

[Marauder06]

“So, Al,” said Faith to James on the walk back from lunch, “I haven’t seen you around in a while.”

“Yeah, my old lady kicked me out of the house, so I’ve been staying out at Range 37,” he replied.

“You’re living out on the Back 40, at a small arms range?” Faith asked, incredulously.

“Yes, it’s pretty good living actually. I sleep in my truck, there’s a hard stand bathroom out there with a hot water and a shower, and I can shoot pretty much whenever I want. Life’s pretty good,” he said again.

Setting that somewhat bizarre revelation aside for a second, Faith stated, “Look, Al, I talked to your wife today, she told me about a computer she says you brought home from work, SSG Clark told me that the GSC is missing a classified laptop. I’m concerned that the two might be related.”

James stopped walking and he faced Faith, his face purpling with rage. “You called my WIFE? Why the HELL did you do that?”

“Well, no one had seen you in a couple of days, and we were becoming concerned.”

“Look, you don’t ‘get concerned’ about me. In two days I’m going to be your company commander, and if I need anyone to be ‘concerned’ about me, I’ll let you know!”

“And don’t ever, EVER, call my wife again,” he added, stomping off in a huff.

“Well, that could have gone better, I suppose,” said Reynolds, walking up behind the still-stationary Faith.

 

[Marauder06]

OK, almost done writing. We're going to take a vote, majority rules. Post all of it at once, or serialize it out?

 

[Chopstick]

Maybe I shouldnt vote.......

 

[0699]

All at once, seeing as we seem to be near the end.

 

[Chopstick]

All at once, seeing as we seem to be near the end.

Are we???? :-"

 

[Marauder06]

By the time Reynolds and Faith reached the DCO’s office, the details of what happened to MAJ Ripley had already been established. He was at Bagram, where the CJSTOF’s new headquarters was due to be constructed, when he ran out of shaving cream. There was a large PX on Bagram, so MAJ Ripley and a handful of others from 2nd Group traveled over together in a “gun truck” Toyota. Since the truck was armed, MAJ Ripley stayed in the parking lot while the others went in to shop. Three large rockets struck the parking lot, destroying the gun truck and killing three US troops who happened to be in the area, including MAJ Ripley.

Ripley was a veteran of repeated tours to both Iraq and Afghanistan. He had been decorated with the Silver Star for valor during the Pul-i-Charki prison uprising, and had also been awarded the Purple Heart on more than one occasion. He was universally well-loved by his troops, and was a highly effective commander. The fact that he got killed waiting to buy shaving cream seems… unfair somehow.

When Reynolds and Faith returned to the MID, they found Chief Rollins waiting for them.

“Hey sir, I went over and got that laptop,” she said, handing it over.

Faith took the computer from her, thanked her, and indicated for her to have a seat. He then picked up the phone to call SSG Clark, the GSC supply sergeant.

“Sergeant Clark? Captain Faith here. I have a computer here that I think may be your missing laptop.”

“Oh, yeah, hey sir, we found the one that was missing. It was locked up in the safe in MAJ Ripley’s… I mean, CPT James’ office. So we’re all good now. In fact, this afternoon I’m taking Captain James over to the property book officer to sign for the GSC’s property.”

Considering this, Faith examined the laptop that Rollins had retrieved from Mrs. James. It was clearly a “military issue” style computer, and had several prominent “UNCLASSIFIED” stickers on it, as well as a property inventory tag. He described the model and read the serial number off to Clark. Faith could hear a computer keyboard clicking in the background as Clark entered the number into his computer.

“Well sir, that’s not one of mine. But if you want, I can check it against the Group property book this afternoon when I’m over there, and get back to you. If nobody claims it, we can FOI it and add it to the books that way.” FOI means “found on installation,” and is a way of re-establishing accountability of unclaimed military equipment.

“Thanks,” said Faith as he hung up.

“What would you like me to do with this computer now?” Rollins asked Faith.

“Just set it aside for now, we have more important things to worry about” he replied, and filled Rollins in about MAJ Ripley.


The reason Faith sent Rollins over to get the computer from Mrs. James is because he thought it might be the missing classified laptop. Now that he has established that this laptop is not the one he originally thought it was, what should he do about it? Give it back to Mrs. James? Give it to Al James? Or… something else?

 

[LimaOscarSierraTango]

If it is .mil issue and has a property tag, a little research should tell people if the kid should be allowed to have it or not. Once that question is answered, the answer of what to do with it next should be obvious.

I do think a little poking around on the hard drive in the mean time is warranted. Then you will find out if there is FOUO or other possibly sensitive information is on there (PERSEC type info). Not trying to dig shit up on James, but with what is known about the laptop and who "owns" it now, it needs to be looked at.

 

[0699]

If it is .mil issue and has a property tag, a little research should tell people if the kid should be allowed to have it or not. Once that question is answered, the answer of what to do with it next should be obvious.

I do think a little poking around on the hard drive in the mean time is warranted. Then you will find out if there is FOUO or other possibly sensitive information is on there (PERSEC type info). Not trying to dig shit up on James, but with what is known about the laptop and who "owns" it now, it needs to be looked at.

If the Army is like the Corps, there is no expectation of privacy on a government owned machine. The unit commander can direct S-6 or other personnel to search it for any material that may be on it, all admissable in a CM.

 

[Marauder06]

If it is .mil issue and has a property tag, a little research should tell people if the kid should be allowed to have it or not. Once that question is answered, the answer of what to do with it next should be obvious.

I do think a little poking around on the hard drive in the mean time is warranted. Then you will find out if there is FOUO or other possibly sensitive information is on there (PERSEC type info). Not trying to dig shit up on James, but with what is known about the laptop and who "owns" it now, it needs to be looked at.

If the Army is like the Corps, there is no expectation of privacy on a government owned machine. The unit commander can direct S-6 or other personnel to search it for any material that may be on it, all admissable in a CM.

Roger. I agree with both of those statements.

The next few days were a blur of activity; there was another Last Roll Ceremony, this time for MAJ Ripley. The changes of command ceremonies for HQD, MID, and GSC took place, with Faith standing in as “outgoing commander” for all three ceremonies. Al James seems to have done a complete turn-around; maybe he just needed some responsibility to motivate him to start acting right. In all of the action, the laptop recovered from CPT James’ house was forgotten, or was at least de-prioritized, as was CPT James’ previous absence from work.

With almost no responsibilities now, Faith was able to concentrate fully on his takeover of the Group S2 shop from The Dud. But his heart wasn’t in it; going from the hustle and bustle and the responsibility of command to the doldrums of a staff job was a tough transition. No one came to him for decisions, he had almost no responsibility at the moment, and he no longer felt the slightest bit important. Nonetheless, he threw himself into the task of preparing for the upcoming inspection. He found that there were actually some good Soldiers and NCOs in the Group S2 shop, and was slowly coming to realize that The Dud wasn’t the complete idiot that Faith always thought he was. He was only “mostly” an idiot, Faith joked to himself.

The transition between Faith and The Dud was to take place a couple of days after the annual inspection, but Faith was eager to have responsibility again, and The Dud was certainly willing to dodge responsibility for the inspection, yet again this year. So the two of them approached the DCO about conducting the transition a bit early.
“OK, you two can do that,” the DCO stated, “But listen, Faith, we’re getting a new Group Commander in the week before that inspection, and your annual inspection is going to be his first impression of you. So make sure everything is wired tight and good to go.” Faith nodded. “Also,” he continued, “I just got my PCS orders and I’m heading out to join SOCOM at Fort Bragg. I don’t want any complications on the way out.”

“Roger sir,” Faith replied.

 

[LimaOscarSierraTango]

I don’t want any complications on the way out.”

Is this the old, "brush the issues under the carpet" routine?

 

[Marauder06]

Is this the old, "brush the issues under the carpet" routine?

Mmmm, could be. Guess we'll just have to see.


On the walk back over to the Group S2 office, Faith’s cell phone rang. It was Mrs. James.

“Did you do anything about my husband yet?” she demanded.

“What?” asked Faith, confused.

“That computer, the one he stole from the office, the one with all those photos of him and her on them, did you do something yet?”

To be honest, Faith had completely forgotten about that computer.

“Well, we haven’t finished looking into it yet,” was all he could think of to reply.

“Look, we’re selling the house and moving away. Al keeps driving past the house late at night, I know it’s him because I recognize the sound his truck makes. I’m also getting calls at all hours and the phone keeps hanging up. I know it’s him.”

“I see,” replied Faith.

“I know you’re not going to do anything,” she said, “Ripley never did anything either.”

“Mrs, James,” said Faith, “I assure you I will do whatever I can, once we find out exactly what is going on.” Mrs. James, sounding doubtful, thanked Faith and the call disconnected.

Faith then made a phone call of his own.

“Hey, Chief Rollins,” he said into the phone, “how’s it going? Yes, fine here too. Listen, what did you end up doing with that laptop you got from Mrs. James? Yeah, that’s kind of what I figured, I had forgotten about it too, with everything that was going on. Listen, I need you to fire it up and see what kinds of things are on it. Because there might be an investigation. Yes, another one. Thanks.”

About two hours later, Chief Rollins arrived at the office where Faith was working until his transition with The Dud was complete. Faith was surprised to see First Sergeant Reynolds with her.

“If it takes both of you to tell me about it, it must be pretty bad,” Faith joked. Rollins said nothing, but closed the door to the office after she and Reynolds had entered.

“Sorry it took a while, I had to track down a power cable that would work,” Rollins began. She turned the computer on, tapped some keys, and turned the laptop around so Faith could see the screen. “We looked through the files, and found these.”

Faith looked at the screen and saw the same pictures that were in the investigation folder that MAJ Ripley had originally handed him.

“Yeah, these are the same pics that SGT Smalls found on his computer when he came home. But it still only shows those two guys from HQD. There is no evidence that Al James was involved…” suddenly understanding, Faith stopped himself. Rollins finished the thought for him.

“But why else would he have these pictures on his computer at home?” she said.

“Shit,” said Faith, leaning back in the chair and putting his hands behind his head.
“You can say that again,” Reynolds replied.

OK, so now you have reason to believe that the guy who is technically your company commander (at least for a little while) may have somehow stolen a government laptop, and that he may have been involved in some kind of affair with an NCO’s wife. What action do you take now?

 

[LimaOscarSierraTango]

OK, so now you have reason to believe that the guy who is technically your company commander (at least for a little while) may have somehow stolen a government laptop, and that he may have been involved in some kind of affair with an NCO’s wife. What action do you take now?

1). The upset wife could have taken the laptop after finding the pics and given it to their kid without James' permission. She's upset and may be acting on impulse and not know the actual situation.

2). James could have the pics on the laptop because he could have been conducting his own investigation.

3). Bring James in and lay the cards on the table and see what he says. Or mention the pics only and see what he knows of the situation.

4). Hand off the investigation to CID to investigate the laptop and the pics. He's not supposed to have pornography on a gov't computer anyways, correct? At this point it should still be considered gov't property.

 

[CDG]

At this point, I think CID needs to be called in to conduct an investigation. Reports of CPT James harassing his wife, the affair, the gov't computer in the home, the pictures, and the instability of CPT James are enough to make this a little too big for an internal investigation.