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Old 04-21-2015, 08:17 PM
 
1 posts, read 3,344 times
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So my husband was e-6 in the navy. He did something to get him knocked down to e-5 and with that he reached high year tenure and he was forced out. He said it was something along the lines of him speaking of things sexually and 4-5 women took offense to it and reported it and they deemed it "sexual harassment". The only paperwork he has shown me on this issue is that he was forced out due to High year tenure and has not shown me any paperwork or anything factual that he was in the situation he says he was in. As this was a sexual nature and as he is not very truthful i fear he was caught doing something worse, maybe something along the lines of adultery or something else. This has ruined my marriage because I cannot trust him as I have nothing that proves what he has done. Is there any way I can get paperwork on what he has done or in some way be informed as a spouse? He says there is no way i can get the paperwork due to some privacy thing and i think that's BS. Thank you for the information!

 
Old 04-21-2015, 08:30 PM
 
Location: Middle America
35,817 posts, read 39,334,463 times
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There won't be any real way you can get your hands, personally, on paperwork that specifies the nature of what happened to get him busted down, although it may exist. I just asked my spouse (Navy E-8, involved in lots of disciplinary proceedings), and he said that it's entirely possible that his story of sexual harassment may check out. If there was some type of adultery between two consenting people (providing there was no fraternization issue), he says it wouldn't necessarily get him busted down, and if it was something worse, i.e. a sexual assault or similar, it wouldn't just have gotten him busted down, it would have gotten him kicked out. Don't know if this helps, from an information standpoint.

My thought is that if you can't trust your spouse, and if there have been sexual allegations and he's not come clean about the to you, no paperwork from the military would matter much, one way or another. Since you're not going to be privy to this paperwork, anyway, my husband noted that the only way to really get any info would be spoken word from people he serves/served with at the time. People talk, especially if there is impropriety...but that's going to be word of mouth, not anything official.

But, no, the Navy is not going to provide you with hard copies of any disciplinary information.
 
Old 04-21-2015, 08:51 PM
 
Location: New Mexico U.S.A.
24,127 posts, read 38,859,608 times
Reputation: 28092
Quote:
Originally Posted by woahwoah123 View Post
Is there any way I can get paperwork on what he has done or in some way be informed as a spouse?
You can get some paperwork. Go here: About Military Service Records and Official Military Personnel Files (OMPFs, DD Form 214
 
Old 04-22-2015, 05:55 AM
 
Location: San Antonio
3,182 posts, read 9,221,015 times
Reputation: 4716
To the OP, Poncho's method will get some basic records, possibly. Although I think it will fail as you aren't legally entitled to his records. If he were dead, and you were his next of kin, you could request his DD214 and a few other things, but it wouldn't include disciplinary reports, Article 15s, or court martials. You have no legal right to obtain his private military records. Marrying someone doesn't give them the rights to your private military documents, anymore than he has a right to obtain internal documents from any company you work for, your medical records, or your private records. I'm not sure why you think you have a right to these things. The only way to find out is for him to tell you or for him to share with you. If he's not willing to do that, than you really have no recourse. If you can't stay married to him if he doesn't, and he still won't, then I guess he has made his choice. Good luck, and I'm sorry for your situation.
 
Old 04-22-2015, 06:16 AM
 
Location: sumter
7,164 posts, read 4,632,035 times
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I was in the Navy also and the Navy was very tough on you when it comes to sexual harassment, or anything close to it. You can get busted down or even kicked out in a flash over something like that. He is probably telling you the truth about the situation and I don't believe you can get direct information yourself about what is in his service records.
 
Old 04-22-2015, 06:39 AM
 
3,265 posts, read 4,774,771 times
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I was in the Navy and there is a zero tolerence policy for sexual harassment. More than likely he said something off the cuff around some junior sailors who were female, they took offense to it and reported him. Did they have motives to do so, such as was he in there chain of command, was he there direct supervisor?


I'd say it's 99% certain your husband didn't get busted for sexual assault or anything related to physical sex as then he wouldn't have been forced out for HYT.
 
Old 04-22-2015, 06:59 AM
 
9,345 posts, read 15,780,146 times
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Are you saying this happened while you were married, or is it something in his past? A reduction in grade for sexual harassment, followed by a discharge for HYT sounds very reasonable. You cannot access his personnel file to determine exactly what happened.
 
Old 04-22-2015, 07:05 AM
 
Location: Herndon, VA
1,913 posts, read 1,807,969 times
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The Navy will never tell you why he was demoted for good reason. If he won't tell you, and you don't trust him any longer due to that then leave him. Problem solved.

Quote:
Originally Posted by Poncho_NM View Post
Thanks for that link. I have been using the same DD-214 since I was discharged in 1987, and it's in pretty rough shape.

Last edited by Robert20170; 04-22-2015 at 07:15 AM..
 
Old 04-22-2015, 09:16 AM
 
Location: New Mexico U.S.A.
24,127 posts, read 38,859,608 times
Reputation: 28092
Default Public Access To Military Personnel Information

Rather than reply to the individual posts.

Quote:
Originally Posted by Poncho_NM View Post
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Covering courts-martial: Finding the docket | Reporters Committee for Freedom of the Press

Covering courts-martial: Finding the docket

"Reporters' First Amendment right of access to military judicial proceedings encompasses the right to know what cases and proceedings are pending and when they are to be convened, said attorney Matthew Freedus, a partner at Feldesman, Tucker Leifer Fidell LLP in Washington, D.C., and a former Navy judge advocate."

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Air Force Judge Advocate - Frequently Asked Questions

"Your fingerprints are also probably on record with the FBI. Also, your court-martial proceedings are public record, available to the public through FOIA requests (subject to certain redactions)."

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Read more : How to Retrieve Court-Martial Records | eHow

"The federal Freedom of Information Act allows members of the public to access military personnel information without the need to obtain prior authorization from either the service member or his next-of-kin. The type of information you can obtain as part of the officer's file includes his dates of service, branch of service, salary, and military education level. The file will also include transcripts of any court-martial proceedings. Some information, such as national security secrets, are exempt from the FOIA and will be redacted from any records you receive."

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Ordering Courts-Martial Transcripts and Military Investigative Records | Swords to Plowshares

Ordering Courts-Martial Transcripts and Military Investigative Records

OrderingCourts-Martial

If you request courts-martial transcripts or military investigative records under the federal Freedom of Information Act (FOIA), the agency processing your request must reply within 20 working days.

The agency is permitted to send you a letter or postcard saying it needs more time to comply, and thatís what it usually does. If you still havenít heard anything a month after you submit your request, youíll need to contact the agency again.

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Old 04-22-2015, 01:17 PM
 
Location: Forests of Maine
29,719 posts, read 47,472,880 times
Reputation: 17556
Quote:
Originally Posted by woahwoah123 View Post
So my husband was e-6 in the navy. He did something to get him knocked down to e-5 and with that he reached high year tenure and he was forced out. He said it was something along the lines of him speaking of things sexually and 4-5 women took offense to it and reported it and they deemed it "sexual harassment".
I saw that scenario happen to other NCOs during my career.

A female makes a complaint. You get counseled, told that a second complaint will force you out of the Navy, and your ordered to sign the counseling sheet. No witnesses, no trial, no evidence, you are now a civilian.

At one command, I had a 'sexual harassment' made against me. When I asked who it was, I was yelled at. My superior at the time was a civilian, and he got very upset that I did not know who the female was. I did meet her later on. I suspect that they wanted to change which shift she had to work, and her immediate reaction was to say that someone on my shift had harassed her. The complaint went into my 'training record' at that command, but it did not go into my 'personnel record'.

There is no 'permanent record' of these complaints.

The story you are detailing, sounds very plausible. I am sure that a thousand men have been booted out over the same exact story.



Quote:
... The only paperwork he has shown me on this issue is that he was forced out due to High year tenure and has not shown me any paperwork or anything factual that he was in the situation he says he was in.
A DD-214 will not say anything about sexual harassment. Because there was no NJP. No evidence, no trial, no actual charges.



Quote:
... As this was a sexual nature and as he is not very truthful i fear he was caught doing something worse, maybe something along the lines of adultery or something else.
Hold on, 'adultery' is a UCMJ offense. That would require evidence, NJP, and it would be on his DD-214.



Quote:
... This has ruined my marriage because I cannot trust him as I have nothing that proves what he has done. Is there any way I can get paperwork on what he has done or in some way be informed as a spouse? He says there is no way i can get the paperwork due to some privacy thing and i think that's BS. Thank you for the information!
You can certainly ask to see his DD-214.

Take it to a local Vet Center, and ask those guys [or gals] to decipher it for you. No big deal.

If he was ever charged with any crime, it will be on his DD-214. But if it was sexual harassment, then no actual crime happened.
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