2LT Sofranko

1stindoor · 08-10-2010, 13:33

So there I was...knee deep in handgrenade pins and MRE spoons...

Quote:

Second Lt. Douglas Sofranko has spent the last year impressing his fellow soldiers in the Florida Army National Guard with stories of his days as a Navy SEAL, while proudly wearing the distinctive Trident insignia on his Army uniform. He even had the SEAL Creed hung on the wall of his office.

The problem is, it was all a lie.

The 33-year-old Army officer and former enlisted sailor, who works at the Ballard Armory in Miami as rear support for the Guard’s 1st Battalion, 124th Infantry, did attend Basic Underwater Demolition/SEAL training in Coronado, Calif., in 1996. But according to Naval Special Warfare Command, he washed out of training. His class graduated without him in February 1997.

http://www.armytimes.com/news/2010/0...faker_080910w/

1stindoor · 08-10-2010, 13:41

More fun "facts" on the young'n...

Quote:

After washing out of BUD/S, according to his Navy records, Sofranko — then a radioman — spent three years at a radio station in Hawaii and was discharged in Oct. 24, 1999, as an RM3.

In June 2000, he enlisted in the Pennsylvania National Guard and was assigned to Headquarters Company, 1st Battalion, 111th Infantry. Two years later, Sofranko received a general discharge under honorable conditions for unsatisfactory participation, meaning he missed too many drills and other training periods.

“He was basically AWOL from the time he joined,” said Sgt. Matt Jones, a spokesman for the Pennsylvania National Guard. “He never made an annual training period that we can see, and he was discharged as an E-3.”

But Sofranko was given another chance.

In April 2007, he got a waiver from the Florida National Guard despite his poor Pennsylvania service and was allowed to join in Florida as an E-4. Artley said waivers like this are common in the Guard and are based on a review of the member’s service record and personal interviews.

A year later, Sofranko entered the Florida National Guard Officer Candidate Program, graduating one year ago.

http://www.armytimes.com/news/2010/0...faker_080910w/

rdret1 · 08-10-2010, 21:08

Things catch up to you eventually.

JJ_BPK · 08-11-2010, 04:58

I'll bet this Asshat gets off with little more than a letter of reprimand..

Quote:

What price could he pay?

According to the Florida National Guard, Sofranko could face disciplinary action if found guilty of wearing the Trident.

Sofranko’s battalion, and the rest of the Florida-based 53rd Brigade Combat Team, is deployed with units in Kuwait and Iraq. Sofranko, who is working for the Guard on a yearlong recall, is part of the rear detachment handling pay, personnel and logistics issues.

Though Guardsmen on state duty aren’t subject to the Uniform Code of Military Justice, they do fall under their state’s military codes, according to A.J. Artley, spokesman for the Florida National Guard, in a written response to questions.

Under Florida code, “Wearing an unauthorized award or insignia is a prohibited act,” he wrote.

“We are currently in the beginning stages of investigating what, if any, misconduct has been committed by this soldier,” Artley wrote. “If he is found guilty of misconduct, the unit commander would be the one to determine punishment.

“Punishment could range from making sure ... Sofranko doesn’t wear the award again and a written reprimand, to fines or any number of punishments.”

SouthernDZ · 08-11-2010, 05:19

Quote:

Originally Posted by JJ_BPK

Though Guardsmen on state duty aren’t subject to the Uniform Code of Military Justice, they do fall under their state’s military codes, according to A.J. Artley, spokesman for the Florida National Guard, in a written response to questions.

Is this true? The Army NG are not subject to UCMJ? Is this something recent?

JJ_BPK · 08-11-2010, 05:40

Quote:

Originally Posted by SouthernDZ

Is this true? The Army NG are not subject to UCMJ? Is this something recent?

It's new to me,, Maybe abc_123 can verify??

Update, I received this from JAGO

Quote:

The authority to punish under the UCMJ is per Title 10 US Code. Persons must have "status" to be subject to the UCMJ. Lots of people have "status", including cadets, active duty, reservists, retirees, civilians w/ the force during time of war, etc.

National Guards have their roots in the militias and are tied to State government. Authority for the Guard is per Title 32 US Code.

While in Title 32 status, Guardsmen may be punished by their respective states (and many states do have a version of the UCMJ) for these sorts of violations, however, they may are not subject to the "federal" Title 10 UCMJ.

Punishments under a "state" version of the UCMJ are generally considerable milder than that of the UCMJ we all know and love......

Still, the Stolen Valor Act would be available to an interested US Attorney.

Dozer523 · 08-11-2010, 10:56

Quote:

Originally Posted by SouthernDZ

Is this true? The Army NG are not subject to UCMJ? Is this something recent?

This from a PM from one of the few lawyers we won't kill.

Quote:

Originally Posted by JAGO

Dozer 523/TS,
There is a thread in Hall of Shame about a nat'l guard Lt type not being subject to UCMJ. There is a reason for that because of Title 32 US Code vs Title 10.
I tried to jump in with the reason for this but I get a pop up that I don't have permissions to that thread..
Glad to pitch in and help if wanted.

v/r
phil
JAGO

Surgicalcric · 08-11-2010, 11:15

NG soldiers are subject to UCMJ action. Depending on whether or not the soldier is on Title 32 (state) or 10 (federal) orders will determine who pursues the action.

If the soldier was on federal orders at time the crime was committed the Army can order him back to AD for punishment; if he was simply a drilling (M-day) soldier at the time of the offense it will fall on the Florida NG's shoulders to prosecute the guy.

Title 10 vs 32 stuff gets quite confusing even for those who deal with it day-in and day-out...

Hope this makes things clear as mud.

ETA: seems I said little more than JAGO...

Crip

1stindoor · 08-11-2010, 11:16

Thanks JAGO and Dozer for clearing that up. I'm sure there's lots of folks that didn't know that.

rdret1 · 08-11-2010, 11:33

It would appear this guy has a lengthy pattern of deceitfullness. It seems odd that the board which considered him for OCS did not take that ihto consideration, and if they did, did not give it much value. I would think some of them are reconsidering their decisions.

greenberetTFS · 08-11-2010, 11:55

Quote:

Originally Posted by Dozer523

This from a PM from one of the few lawyers we won't kill.

It's really "sad" that guys like him can get away with s**t like this!.....

Big Teddy

**The Reaper** · 08-11-2010, 14:13

From our favorite Jag, JAGO.

TR

Quote:

I tried to answer your question but I don't have rights to the thread.

The authority to punish under the UCMJ is per Title 10 US Code. Persons must have "status" to be subject to the UCMJ. Lots of people have "status", including cadets, active duty, reservists, retirees, civilians w/ the force during time of war, etc.

National Guards have their roots in the militias and are tied to State government. Authority for the Guard is per Title 32 US Code. While in Title 32 status, Guardsmen may be punished by their respective states (and many states do have a version of the UCMJ) for these sorts of violations, however, they may are not subject to the "federal" Title 10 UCMJ. Punishments under a "state" version of the UCMJ are generally considerable milder than that of the UCMJ we all know and love......

Still, the Stolen Valor Act would be available to an interested US Attorney.

v/r
phil

Dozer523 · 08-12-2010, 20:45

Having served on active duty with West Point Grads, ROTC and OCS the one thing they all had in common was an extensive military education that included numerous (even though, very different) vetting points.

Serving in the Guard for the last five or six years (including a deployment to Afghanistan with a NG company) I have found that the training for the officers is far less rigorous and certainly much less time consuming. I'd be interested to see the actual numbers regarding officers relieved in theater but from what I saw the NG had a bunch of them. If there is statistical evidence that the NG OCS -- the primary means of assession -- Grad is proving to be less prepared and effective then the system of a few weeks of training to top off a college degree might need to be re-worked.
For example: Get rid of the state OCS programs and require all Enlisted and NCO's to attend the regular Army OCS program.
Require all NG officers to complete an approved ROTC program and allow them to opt for the Guard rather then Active Duty following attendance at OBC (or whatever they call it now).

Mon' back.

alright4u · 08-12-2010, 23:05

The NG slots are politics. Hell, try a MSG with 28 plus years who just did his first 6 month combat tour of his entire career in Afghan early this Spring. I kid you not. He is a state HQ Signal NCO. He served with the Poles, I think.

ZonieDiver · 08-13-2010, 10:01

Quote:

Originally Posted by Dozer523

Having served on active duty with West Point Grads, ROTC and OCS the one thing they all had in common was an extensive military education that included numerous (even though, very different) vetting points.

Serving in the Guard for the last five or six years (including a deployment to Afghanistan with a NG company) I have found that the training for the officers is far less rigorous and certainly much less time consuming. I'd be interested to see the actual numbers regarding officers relieved in theater but from what I saw the NG had a bunch of them. If there is statistical evidence that the NG OCS -- the primary means of assession -- Grad is proving to be less prepared and effective then the system of a few weeks of training to top off a college degree might need to be re-worked.
For example: Get rid of the state OCS programs and require all Enlisted and NCO's to attend the regular Army OCS program.
Require all NG officers to complete an approved ROTC program and allow them to opt for the Guard rather then Active Duty following attendance at OBC (or whatever they call it now).

Mon' back.

Even with my limited and outdated experience with NG OCS types, I'd agree with this. We had a detachment commander who had gotten his commission through the NG OCS before coming to USAR. He was a 1Lt when I first met him, and a Maj when he was relieved of command for sexual harrassment. (And there was NO doubt about what he did...) He couldn't find the coffee in the morning with lots of help.

Several others cross my mind as well, but when I met them they had just finished and were 2Lt's... hardly fair to judge 'em all by a bunch of second looies.