Monday, June 1, 2009

Recruiter hides applicant's autism

The Marine Corps is once again in the news because of dishonest recruiting practices. A Marine fresh out of boot camp is currently being held at the Camp Pendleton brig and is facing charges of child pornography and unauthorized absence. There would be nothing noteworthy about his case except that he has autism. Not only does he have autism, but he is the subject of a court order placing him under a limited conservatorship which, among other things, bars him from entering into contracts.
So how did someone in his condition get accepted into the Marine Corps? The Marine’s defense counsel claims that he got in because his recruiter hid his condition. Unfortunately, it is a somewhat common practice for Marine recruiters to cover up potentially disqualifying information about prospective applicants. I have had many Marine recruiters come to me for legal counsel about what to do now that they have found themselves in a situation where they covered up information that they fear will soon come out, and I have represented other recruiters that the Marine Corps has taken adverse action against.
This problem persists because of the quotas that the Marine Corps places on recruiters. Recruiters are expected to sign a certain number of perspective applicants each month. If the recruiter fails, the Marine Corps can take adverse action against him which can cost him promotions or even his career. Most Marines are not used to failing at a task and they certainly don’t want to face adverse consequences for failing in their missions. Unfortunately, this is causing some to cut corners, and the easiest way to do this is to take those who want to join the Corps but are unqualified to join and to cover up the issues that make them unqualified. This results in things like helping applicants cheat on the ASVAB, telling the applicant to report that he used drugs fewer times than he actually did to make it easier to get him a waiver to join, and even covering up medical or mental conditions. This problem is only made worse by the fact that the Marine Corps is currently expanding and so needs even more applicants than normal.
There is no quick fix to this problem either. Perhaps if the Marine Corps wasn’t so hard on good Marines that simply aren’t good recruiters it would help. Perhaps if there was stricter supervision over recruiters there wouldn’t be as many incidents where recruiters help unqualified applicants gain entrance. But, at the end of the day, there will always be unqualified applicants that want in and there will always be some recruiters that will help them get in for whatever reason.
Another interesting question that this particular case poses is how did this Marine with autism graduate from boot camp? I was stationed at MCRD San Diego, where this Marine graduated. I often heard senior enlisted Marines and retired enlisted Marines say that boot camp simply is not near as hard as it was even a decade or two ago. I am sure that this case will give them even more ammunition for that argument.

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1 Comments:

At June 2, 2009 at 11:14 AM , Anonymous Anonymous said...

The Marine Corps Recruiters are under unbelievable demands. As an added example to Mr. Callahan’s, I had a case where a USMC Drill Instructor was accused of assaulting a recruit in the head. The Drill Instructor was a Staff Non-Commissioned Officer (SNCO) who was very successful in his military career prior to being assigned to the USMC Drill Field and was outstanding in his occupational specialty (MOS) which were certainly the primary reasons he was selected as a Drill Instructor.

The Recruit (accuser) formerly served in the US Army Reserves and had reported that he was the recipient of a Purple Heart while serving in Iraq. He had hand-written a detailed account of his courageous actions of crawling out into an open field to drag his buddy back to cover after his buddy received two shots to the chest. He wrote that he was dragging his buddy back when he received a shot in the chest which made him loose the grip he had on his buddy and watched as his buddy died on the battle field.

This Recruit’s Drill Instructors made him the Platoon Guide based on his prior military service history and “leadership” abilities. His Senior Drill Instructor took the initiative to have the Recruit’s MOS changed so that he would serve as a USMC Military Policeman. The Recruit was also slated as the Platoon Honor Graduate.

While investigating on behalf of the accused Drill Instructor, it was discovered:
- That the Recruit (accuser) had been discharged (general discharge) from the US Army Reserves for illegal drug use;
- He never served in Iraq;
- He enlisted in the US Marine Corps under a fraudulent contract by producing a DD Form 214 that he had previously received (from the US Army Reserves) an Honorable Discharge – not the discharge he received from his last period of active service;
- And at the time of the investigation into the assault allegation, while attending his MOS (Military Police) school the Recruit was subject to non-judicial punishment (NJP) and was being processed from the USMC for, once again, illegal drug use (smoking marijuana).

Had the USMC Recruiter had the time to thoroughly inquire into his previous military history, the Recruiter would have learned that he had in fact received a General Discharge from the US Army Reserves for illegal drug use and was not qualified to join the USMC. (He also documented on his enlistment paperwork that he “never” used illegal drugs.)

Fortunately, the USMC Drill Instructor was acquitted of the assault charge but was found guilty of an SOP (Standard Operating Procedure) violation at the general court-martial and received “no punishment.” However, this Staff NCO was not allowed to re-enlist and has a general court-martial conviction on his record.

 

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