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Everything posted by Fud
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Depending on what state you live in, the rules are different. I don't think it is a dick move at all to get the NCO's chain of command involved. He/she signed a legal agreement and are responsible for the things in the lease. If you performed your due diligence and didn't write anything crazy in the lease, then you should be good to go. My current landlord is great and I have consulted him on purchasing rental properties sometime later in life. He has a great practice of performing a credit check ahead of time, and will usually not rent to anyone with a credit score below 700. Sometimes, his places go unoccupied, but it is better than him having to deal with a bad tennant. I am his first military rental, and I have told him about getting the chain of command involved if needed. It baffles me how some people think they cannot pay rent, get out of early termination clauses, or expect to get their rental deposit back if their dog defecates all over the house. I think it is common in every state that the tennant is first and foremost responsible for paying rent at the time given by the landlord. If you had good documentation ahead of time about the state of the carpet, then you should be good to go. However, expect the carpet to be replaced at the end of the rental period. I'm also sure there is a mom and pop place in SD that would install the carpet for much cheaper. An additional note about appliances is that you can get a lot of good, cheap, used items on craigslist for the house (just an FYI).
- 31 replies
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- Real Estate
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Sexual Assault CBTs/real life training are good for one thing: The AF saying they trained you, and throwing you under the bus if anything happens. That way, a prosecutor can say "he signed the form, completed the CBT, and still acted out in aggression towards someone in a sexual manner. The Military Commander & The Law states pretty clearly what UCI is, and this would fall pretty clearly under UCI. However, most GCMs will throw this out from what I have seen in recent court cases. The last one I remember being thrown out was LTC Chessani (sp?) for a different issue than sexual assault. However, his career was over regardless. A real shame for a good Marine officer. I don't think this statement is justified at all. Just because one makes an alleged mistake, it does not mean we are all bad people. However, one person made an alleged poor decision and we will definitely all pay for it. Someone said it earlier on another thread..."they won't do something effective, but they will do something visible." My outlook is bleak for what the future holds. I'm not trying to flame you 'digger' but there is not a whole lot of "evidence" in this case yet. Just an accusation, a beat up AF Lt Col with a mugshot, and a few newspaper stories. I've always tried to maintain that he is innocent until proven guilty. The press, certain leadership elements in the civ/mil side, and peers do not believe this to be true from most of my experience. Sad either way. break break... My submission for best caption: "Damn, I always wondered what a career dissipation light looked like."
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While I don't know Roscoe, I watched the videos and read all of the documents on the FOIA page. I can guess that you didn't read any of it, because I saw a man who was not arrogant in the video. He was surprised, concerned, and very worried, but always maintained his innocense. I don't understand your basis for this, and I don't agree with you. Civilian courts in major crimes require the jury to unanimously convict someone of a charge. In an General CM, it takes two thirds to convict. The only time it is required to be unanimous in a GCM is when the panel is looking to execute a military member. I don't think so, and again, I don't think you have read the entire page of FOIA documents. However, I don't think the average GCMCA would spend this much time deliberating on whether a conviction would stand or not in all of their cases, but I have no data to base that on. However, I know GCMCA's take their roles very seriously. Again, not true at all. The standard of proof for most criminal court proceedings is proof beyond a reasonable doubt. One could say, "I don't think this could have happened" due to a number of factors other than her being a liar. You also say the Lt Col failed a polygraph examination. There is no way anyone can fail a polygraph. The technician that gives it to a suspect is hired by the government. They can swing either way to say someone is "deceptive", but nothing from a polygraph is admissable in court except a confession derived from one.
- 219 replies
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Huge 2! Martha Stewart's insider trading case is a great example of why she should have had an attorney with her when she was questioned. If all else fails, you will be will be charged with "false official statement" when talking to investigators, unless you are just that good (most aren't). Stewart was convicted only for lieing to federal investigators. On a side note, investigators can lie to you without penalty and will do so to garner a confession. I'm on part 3 of the video OSI interview tape, and it was very disheartening to see the Lt Col go through this. After reading all the other FOIA material and digesting it, I cannot see how a jury could convict someone on such circumstatial evidence. Lesson learned, no more parties at my house, and I'll never be in a room alone with a female again that is not a romantic partner. I've followed this case for some time, and I was floored to hear that LTG Franklin set aside his conviction and reinstated him into the USAF. I had never heard of LTG Franklin before this instance, but you Sir, are a Patriot with true integrity.
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I never had the motivation to create Outlook rules until I came back from leave last year. I had over 300 emails after two weeks of leave, and only 10 of them were important, or required my attention for some task. We call our first shirt and chiefs the "Spam Master General". I hate how this is actually a statistic that is shown at commanders' meetings. CBT completion rates are just another useless statistic that Commander's will get on you for. Our shop recently had to complete CBTs that were not even due in ADLS, but my organization determined they were due. Sadly, this is something that will never end, and I have civilian counterparts who participate in CBTs as well.
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I believe there is an underlying reason why you may be asking this question, otherwise, why would you post on this topic. If the condition he has clearly limits or disqualifies the applicant, then your question is answered. However, I know that everything is waiverable until all petitions are made up to the highest levels. If it were me, and I don't have any other context than what you provided, I would try and resolve the issue before coming to some sort of solution. I would advocate for him and see what the circumstances were. I would suggest to the flight doc that he be re-tested and see what the new results are. Some people are misdiagnosed, while it may be a diagnosis supported by what you find. Either way, it will not hurt anyone or anything to try and help him out. You may have done that in this situation, but I wasn't sure.
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Either way, be respectful and careful when breaking the lease. Look up the Landlord/Tenant laws for your state. If you and your landlord signed a lease based on "good faith" and didn't take pictures before and after, you might get hit hard with damages. I am renting at my duty location for a couple of years and really like my landlord, however, I invited him over to look at the property, inspect for any damage, and give me feedback on what needs improvement. Huge 2! Whether you live in base housing or in an apartment or house off base, make sure you take pictures of everything, and not be happy with the discrepancy paperwork until it is at least two or three pages long. Don't stop at the inside of the house. Make sure all lawn discrepencies are repaired as well. Furthermore, every state has landlord/tenant laws stating what the landlord and tenant are responsible for. The landlord is typically responsible for windows, doors, sewage (not treatment, but the actual pipes), and all structural issues. Look it up on your state's bar (not alcohol) association website. I called base housing and base legal at my location and neither of them were helpful at all. Typically, when you move to a new duty location and plan on renting, you'll have to bring a copy of the lease to them to look over. However, this review is by someone who is not a legal professsional. The legal office at my base was probaby too busy prosecuting sexual assault cases to give me the time of day. Best advice: do the research yourself so you understand the process. You can avoid a lot of ass pain by simply talking ot your landlord or property management company. Don't threaten them at all with SCRA until they won't budge. The fines are very steep for people who violate your rights when you are a service member.
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C-17 Pilot Charged in Training Jump Death
Fud replied to Fifty-six & Two's topic in General Discussion
Agreed 100%. I would only hire someone who was a former ADC or SJA. The ADCs are also very good attorneys for the most part, but do not have as much experience. -
C-17 Pilot Charged in Training Jump Death
Fud replied to Fifty-six & Two's topic in General Discussion
No, the "not guilty" verdict clears him of the worst of the actions his command has taken against him. He can still be given a referral OPR. There is some verbiage in the MC&L that states you can still mention the events/actions that the command deems inappropriate or wrong. This is the way the command can still end your career. I'm not sure why the co-pilot took separation in lieu of court martial, as it is typically deemed a dismissal from the service. If she never plans on working again, that might have been her best option. The 10 year ADSC is a one way deal with the AF and they can get rid of you for multiple reasons. My guess is that the USAF can also try and make you pay back your UPT costs. 2 on hiring the civilian attorney. This is an expensive route to go, but they are not attached to your command, and they will fight tooth and nail for you. There are also multiple avenues of redress you can take as well. -
C-17 Pilot Charged in Training Jump Death
Fud replied to Fifty-six & Two's topic in General Discussion
This is a resource that was never passed around at my first unit when I needed it. Luckily, I had read the Manual for Courts Martial (MCM), The Military Commander & the Law, The Rules of Evidence, and anything else I could get my hands on. They are invaluable resources to say the least, and I was happy I had the time to read them before the point I needed them. The unfortunate thing is that we are not briefed on these things at the time we are commissioned, or at least I was not. Also, how to handle being read your rights, etc...It all sounds pretty simple, but once you're in that situation I would add that you lawyer up immediately and respectfully, refuse to consent to any searches of any kind, and do not talk to anyone about your situation. If it ends up at a GCM, you can rest assured that the prosecution will talk to you friends and use them as witnesses against you. -
C-17 Pilot Charged in Training Jump Death
Fud replied to Fifty-six & Two's topic in General Discussion
This. Jared, I'm glad it worked out in your favor. I'm curious how he feels about this system as well. I'd hope to PCS as soon as possible if I were him. -
C-17 Pilot Charged in Training Jump Death
Fud replied to Fifty-six & Two's topic in General Discussion
Gearpig, I'm glad the mods took these down as it seemed there was some awareness we were not privy to. Day Man (or anyone), let Jared know he's got not only his bros in his corner, but he's got online sympathizers as well. Mods, is there a way to start a legal thread? I'm hoping it mostly deals with mundane issues like wills/testaments, and questions about leases/mortgages. However, I would love to see a "Rights Advisement" pinned at the top of the list, and issues dealing with Courts Martial. Jared, stay strong brother. I saw the ETC was 14 Dec 2012 for a verdict. I'll be on a flight tomorrow but I am anxiously awaiting the results. -
C-17 Pilot Charged in Training Jump Death
Fud replied to Fifty-six & Two's topic in General Discussion
If you are in fact related to the deceased soldier, I am sorry for your loss and for his family. I have read and reread this thread multiple times because something is rotten with this situation. I think leadership is missing the forest for the trees, but I do not have all of the facts either. However, I do not believe any posts have disrespected the deceased, or placed blame on him in any way. Even mentioning this as a possibility is ludicrous and shameful as mentioned above. It seems these days that there always has to be a scapegoat for something that goes wrong in the military. Some deserve the punishment they receive, but others are thrown under the bus so leadership can be seen as taking action. -
C-17 Pilot Charged in Training Jump Death
Fud replied to Fifty-six & Two's topic in General Discussion
I just re-read what I typed and your comment made me laugh...however, I was serious. -
C-17 Pilot Charged in Training Jump Death
Fud replied to Fifty-six & Two's topic in General Discussion
I am not normally a praying man, but I am going to say a rosary for Jared Foley tonight. I am hoping some of you can shed a light on what was "wrong" with this situation, and why there is a court martial taking place. Jared, If you are reading this, stay strong brother. You have a man who was completely apathetic about religion on his knees tonight in prayer. If he is not, please pass this along to him and his family. -
For those who don't want to read through six previous pages...here is a great synopsis of what has happened thus far. https://www.youtube.com/watch?v=3GGVjL-PkWY
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I have heard similar things about Petraeus from friends of mine in the Army. I am not a fan of the warrior/scholar/statesman model, and I think it almost always translates into shitty field commanders. However, promotion boards seem to get raging hardons for people with multiple academic degrees from Ivy League schools. I looked for pictures online of Holly Petraeus when she was younger and she was a pretty lady. Time is not kind to everyone, but I am always impressed to hear what she has done for military families. However, I have no personal knowledge of it. When I heard the name "Jill Kelley" it made me think of a completely different person. I'm really curious how this all will unfold.
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I doubt this as he probably got caught up in the heat of the moment with a younger, attractive woman. He's in his 60s, she's much younger and wanted to be with someone powerful. Break Break... Suffice to say...women are the root of all evil.
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I prefer to use the simplest solution as being the best on this one. Petraeus is the best known officer during this time, and he did a great job from what I understand. What I don't understand is when people pass moral judgement on something they truly don't have all the facts on. While his actions are not above board, I think it is hard for any of us to put ourselves in his shoes for a while. I remember reading Gen Old's bio a while back and how he had an affair with his secretary after his change of command during Vietnam. It seemed it was something he needed at the time, and his marriage was in shambles. Maybe he needed a little strange, but who knows. Countless powerful men have had mistresses, but we now live in a world where it is incredibly hard to have secrets. I wonder what life would have been like for JFK is youtube was around.
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I know a lot of people who have "never done anything wrong" and are great people. Some of these folks, not all, are lazy as shit and do not do anything to make their records look better. I chose a long time ago to do what I wanted, volunteer strategically, and do additional duties that I enjoyed (as much as one can) that were somewhat or very high visibility. I don't do these things to kiss ass, but I do them because I really do enjoy public speaking, volunteering in that manner, etc. I've never been the top stratified guy, except once, but I just know that I have absolutely no control over what happens to my future in the Air Force other than QFI, ARI, or anything of that nature. The volunteering strategically thing has also helped me avoid the shitty additional duties, and my supervisors always think or see that I'm busy. I also get some cool TDYs. I have to agree with Rainman on this one as to the personal nature of the problem. Hope for the best and prepare for the worst is how I always look at it.
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2 on the great advice here, but make sure you go through an Evaluation Report Appeal Board (ERAB) at AFPC/DPPPPEP. You can also appeal records there I believe. This is a group made up of Air Force officers as opposed to a BCMR and you can correct your records/PRFs with a little less effort than a BCMR. Once you find out what was missing in your record or why you were a non-select, you can rectify the problem. I was filling in for an Exec one time at the OG level, and saw multiple records in one squadron that were incredibly weak for the members' upcoming Capt board. 7/7 were not selected during the process. If the ERAB is not applicable, and you want to go for BCMR, I would wait and file an IG complaint. The results of that complaint can be used in the BCMR as evidence of negligence, etc...I wish you the best of luck, as this process is a total cluster fuck. Another caveat worth mentioning is that the IG sides with the commander 99.99% of the time. I'm going through one of these for other reasons at the moment, and I've had to push hard to get the IG to help me at all at my previous base. It sucks, but well worth the fight.
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Go to college.
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I agree with this statement but also think it depends on what the leader is changing. We had an OG/CC at my previous unit who was relieved for being a terrible leader. Our new CC changed every shitty thing the leader did almost immediately. It is very different when you are the CSAF for sure. I just hope he gets a camouflage pattern that works well and is actually comfortable to wear. I hope he contracts under armor for new PT gear that doesn't suck. I have high hopes for Gen Welsh and I wish him the best during his tenure. He isn't a terrible leader which is good for all of us.