Army Mom Confined To Base After Skipping Deployment To Care For Baby

Single-mother Alexis Hutchinson refused to deploy to Afghanistan on Nov. 5, she said, because she didn't have anyone to take care of her infant son. Now she's confined to the Georgia base where she is stationed, facing criminal prosecution by the Army.

Hutchinson's civilian lawyer told the Huffington Post that Hutchinson, 21, initially planned for her 10-month-old son to stay with his grandmother in California, but that the plan went awry when the grandmother realized that she didn't have the resources to take care of him. Military police arrested Hutchinson on Nov. 6, when she returned to the base after skipping her deployment.

On Thursday, Hutchinson's lawyer, Rai Sue Sussman, said she was told by an officer that the Army planned to ship her client to Afghanistan on Sunday for a special court-martial and that she could spend a year in jail there. But Sunday came and went, and Hutchinson remains at Fort Stewart-Hunter Army Airfield outside of Savannah, Ga.

"That's only because I took it to the press," said Sussman. The Oakland Tribune jumped on the story on Friday, and others followed.

An Army spokesman told the Huffington Post on Saturday that Hutchinson would not be sent to Afghanistan on Sunday, but he declined to provide any info on what might happen in the future.

"[Hutchinson] has been directed by her commander to stay on the installation," said Army spokesman Steven Hart.

Sussman said that Army prosecutors told Hutchinson's military and civilian defense team on Monday that they would still like to prosecute and that the special court-martial in Afghanistan is still on the table. Meanwhile, Hutchinson's son is with his grandmother in Oakland. The grandmother flew to Georgia to pick up Hutchinson's son after her arrest. His grandmother, Sussman said, is caring for three other relatives.

"It is outrageous that they would deploy a single mother without a complete and current family care plan," said Hutchinson in a statement through her lawyer. "I would like to find someone I trust who can take care of my son, but I cannot force my family to do this. They are dealing with their own health issues."

Sussman said she's working to keep the Army from "throwing the book" at her client and locking her up in Afghanistan.

"It is serious to miss deployment so they're going to want to punish her for that, [but] I think sending her to Afghanistan is an overreaction," said Sussman, who spoke to Hutchinson on Monday. "It's a pretty stressful situation that she's in -- she's feeling quite fragile."

UPDATE 11/17/09: Hutchinson's hometown congresswoman, Rep. Barbara Lee (D-Calif.), calls her constituent's situation "unique and troubling."

"In an effort to assist Specialist Hutchinson, my office has been in contact with the appropriate military authorities and will continue to do all we can to help resolve this unique and troubling case," said Lee in a statement to the Huffington Post.

Comments

[Kimberly Nearns]

I am in the army and i will say shes in trouble whether you like it or not. Luckily most likely her chain of command will be too but they wont get it as bad as she will. As for the people who say they should have kicked her out after the baby, that is not the militarys descision. They leave that up to the parent under the Family Care Plan. So however long she had to plan for deployment at any time she could have put in her family care plan and gotten out, honorably. military allows you to do that but what she did was when her grandmas plan fell through she ditched her deployment. this talk about the grandma not having enough resources is crock. an E-4 in the Army lets say shes been in 3 years, she lives on base its about 1,000 every 2 wks. When she deploys she no longer has bills and she will make an extra grand a month after all pays are included. So lets do the math shall we. She will end up making about 1500 every 2 weeks if she lives in on base housing? 3000 a month and she will be in Iraq with no bills. Why can she not give her grandma 1000 a month to take care of her child? Please explain this to me please because the story says the grandma doesnt have the resources to take care of her which usually means money?

[democynic]

I'm not going to pretend to know what was going through this soldier's head prior to deployment, but I do know that what the soldier did was wrong. She should have left the service after she bonded with her baby. She would have had to forgo the opportunities and benefits the Army offerered, but she would have been sparing her child, and herself, the anxiety that accompanies any parent's, but especially a single parent's, deployment.

The Army allows a single parent to leave, without dishonor, to take care of family. But if you stay, the Army comes first. Why else do they try so hard to break the individual in the beginning. You must be a team player. There is no room for the kind of life that exists in the civilian community.

Also, in the Army, your future is uncertain. Many things can be compromised, even morals, when lives are in jeopardy. Perhaps that's how she got pregnant in the first place. I'm an army brat, and I can tell you that bases are like high school and college combined. Everything you need is pretty much on base, prices are affordable, there are clubs and bowling alleys and softball fields. And your unit is your family, brothers, sisters, friends and sometimes lovers. There is a lot of promiscuity in the service.

The problem with SPC Hutchinson is that she didn't have the integrity to leave, but she is missing the resolve to keep her commitment.

[Artemis34]

"plan went awry when the grandmother realized that she didn't have the resources to take care of him. "

Sounds to me like the specialist sent the baby but didn't send any or enough of her paycheck.

[Artemis34]

I don't think people get how desperate the situation is with the military fighting two wars with a volunteer force, practically no allied support and no UN support.

1) G W B instituted an illegal draft called "stop loss" which unjustly punishes those who have already served voluntarily. And to his discredit, Pres. Obama has continued the practice.

Why do I say "illegal"? Because congress must institute a draft not the President.

What is "stop loss?" When you sign a contract with the military, it has an end date, this violates the service contract and forces service members to stay beyond the end of the contracted service.

2) We're recruiting autistic children

Autistic Marine's Case Raises Questions On Recruiting Practices
http://www.huffingtonpost.com/2009/07/06/autistic-marines-case-rai_n_226407.html

3) We're recruiting criminals

Pentagon Looking For Ways To Recruit 'Minor Criminals'
http://www.huffingtonpost.com/2007/11/06/pentagon-looking-for-ways_n_71446.html

and

4) we're using mercenaries (you know KBR / Halliburton, Blackwater...)

I'd say all these things are major compromises to principles in order to fight these two wars. And I question what we're defending if we've sacrificed the principles we're supposed to be defending.

However, I do not find expecting a soldier to obey orders a sacrifice of principles.

[Artemis34]

30,000 single mothers have served in Iraq and Afghanistan. 100,000 troops have become parents since 9/11. What shall we say to them?

[GhiaccioPronto]

Try telling them what is in AR 600-200, Chapter 5, paragraph 5-5

[Artemis34]

They already know that and somehow they could comply with regulations and obey orders.

[cdiasmd]

She doesn't have a leg to stand on here.
When I was in the AF I was "military-­married-to­-military" and our family care plan ALWAYS had to be current...ALWAYS. The plan was reviewed at least once a year. We executed it once and my children (2yr and 1yr at the time) went to Gradma's for a year while she deployed to Korea and I deployed to KSA. But, from day one it was made clear that your dependents were YOUR responsiblity and failure to be ready to deploy carried serious consequences. These rules have been in effect for years...I filled out my first Family Care Plan back in 1988.

Bottom line is that she had A LOT of time (plus an extension) to find a solution.

[GhiaccioPronto]

The CoC doesn't have a leg to stand on.

[Artemis34]

Military Justice is an oxymoron. If you know the military you know the CoC will win.

[cdiasmd]

How so? They have Spc Hutchenson's signature on a contract saying she understands the consequences of not having an executable family plan. Every JAG interviewed by the MSM say this is cut and dry. She will probably be separated from the military... and with a discharge of "Other than Honorable Circumstances".

[Artemis34]

And you sent grandma money to take care of the kids every month too. And if she would have needed extra money to get help with the child care, you would have sent her that too!

Some plans "fall through" when the child is / children are sent, but no money is sent with them to take care of them.

[Artemis34]

Enlistment oath

I, (NAME), do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God.

[ReedYoung]

"according to regulations and the Uniform Code of Military Justice"

GhiaccioPronto has explained in detail that regulations prohibited her commanding officer from even ordering her to deploy.

[Artemis34]

GhiaccioPronto' logic is flawed. The UCMJ supports the command, not the soldier in this case.

[GhiaccioPronto]

Orders must be lawful.

Uniform Code of Military Justice

[ALL CAPS are my emphsis]

Article 133—Conduct unbecoming an officer and gentleman

1) Gentleman. As used in this article, “gentleman” includes both male and female commissioned officers, cadets, and midshipmen.

(2) Nature of offense. Conduct violative of this article is action or behavior in an official capacity which, in dishonoring or disgracing the person as an officer, seriously compromises the officer’s character as a gentleman, or action or behavior in an unofficial or private capacity which, in dishonoring or disgracing the officer personally, seriously compromises the person’s standing as an officer........

(3) Examples of offenses. Instances of violation of this article include KNOWINGLY MAKING A FALSE OFFICIAL STATEMENT; dishonorable failure to pay a debt; cheating on an exam; opening and reading a letter of another without authority; using insulting or defamatory language to another officer in that officer’s presence or about that officer to other military persons; being drunk and disorderly in a public place; public association with known prostitutes; committing or attempting to commit a crime involving moral turpitude; and FAILING WITHOUT GOOD CAUSE TO SUPPORT THE OFFICER'S FAMILY.

If the ARMY wants to argue that its ok to gaslight a female soldier with false threats and unlawful orders to deploy to force her to abandon an infant child, they have as much chance of unf*king themselves as she does.

[GhiaccioPronto]

Uniform Code of Military Justice

Article 134—General article

(3) Conduct of a nature to bring discredit upon the armed forces (clause 2). “Discredit” means to injure the reputation of. This clause of Article 134 makes punishable conduct which has a tendency to bring the service into disrepute or which tends to lower it in public esteem. Acts in violation of a local civil law or a foreign law may be punished if they are of a nature to bring discredit upon the armed forces.

United States v. Vaughan, 58 MJ 29

(an Article 134 offense that is not specifically listed in the Manual for Courts-Martial must have words of criminality and provide an accused with notice as to the elements against which he or she must defend).

child neglect, although not specifically listed in the Manual for Courts-Martial as an Article 134 offense, may be charged under that Article as a service discrediting offense; custom and regulation, state law, and military case law combine to meet the requirements for due process notice enunciated in Parker v. Levy, 417 U.S. 733 (1974)).

(child neglect requires culpably negligent conduct, unreasonable under the totality of the circumstances, that causes a risk of harm to the child; actual harm to the child is not required).

(whether a given act of child neglect amounts to criminal conduct under Article 134 and whether the conduct is service discrediting will invariably present questions of fact for the trier of fact to determine)

[GhiaccioPronto]

The Child Abuse Prevention and Treatment Act

U.S. Code Citation:

42 USC 5101 et seq; 42 USC 5116

(CAPTA) is the Federal legislation that provides minimum standards that States must incorporate in their statutory definitions of child abuse and neglect. The CAPTA definition of "child abuse and neglect" refers to:

* "Any recent act or failure to act on the part of a parent or caretaker, which results in death, serious physical or emotional harm, sexual abuse, or exploitation, or an act or failure to act which presents an imminent risk of serious harm"

[Artemis34]

This is the PARENTS responsibility and not the military's.

[GhiaccioPronto]

AR 600-200, Army Command Policy, Chapter 5, paragraph 5-5

[ALL CAPS are my emphsis]

g. The unit commander—

(1) May designate an authorized representative to conduct Family Care Plan counseling using DA Form 5304 and to initial and sign the counseling form in the commander’s behalf.

(2) Is the SOLE APROVING AUTHORITY for DA Form 5305. ,THIS RESPONSIBILITY WILL NOT BE DELEGATED

(3) May authorize an additional 30 days (60 days total from date of counseling) to all AA Soldiers and 60 days (90 days total from the date of counseling) to all RC Soldiers for completion, including submission and final approval of DA Form 5305 with attendant documents.

(4) Must ensure that all required documents are in order, and must be satisfied that the Family Care Plan meets the requirements and appears to be workable and durable.

(5) Should disapprove DA Form 5305 if the required attachments are not present unless extenuating circumstances exist.

(6) May consider extenuating circumstances in approving DA Form 5305, but must understand that the SOLDIER IS CONSIDERED NON-DEPLOYABLE until a Family Care Plan is VAIDATED AND APPROVED.

(7) Must adequately test the validity and durability of the Family Care Plan, to include contacting the designated guardian(s) prior to final approval or recertification.

etcetera

Soldier was NON-DEPLOYABLE. Soldier's orders were INVALID.

period. full stop.

I cannot wait to see this bonehead on Oprah talking about throwing babies into foster care for the Army.

[anisaerah]

Her family care plan was validated. She clearly made a poor decision on where her child should stay while deployed, but it was still a *validated* family care plan.

Not showing up to deploy is something that gets you a court martial. period.

[GhiaccioPronto]

(9) Will provide the Soldier a reasonable period of time to attempt to rework a Family Care Plan found to be DEFICIENT AT TIME OF MOBILIZATION, PROCESSING FOR OVERSEAS MOVEMENT OR DEPLOYMENT. Ordinarily, a Soldier will be afforded at least 30 days to correct deficiencies in a plan unless a shorter period is specified by the unit commanderdue to the urgency and/or nature of the deployment, or due to the nature of the deficiencies.

(12) Should consider initiating involuntary separation proceedings against Soldiers who fail to provide and maintain adequate Family Care Plans.

Commanders should ensure that all information is current and all documents are still up-to-date and legally valid.

OCONUS assignment and deployment procedures are as follows:

(a) All single parent and dual-military couples with Family members who receive assignment instructions for an OCONUS assignment must be counseled again and must have their DA Form 5305 RECERTIFIED not later than 30 days before the final out-processing date at the losing installation. If an adequate Family Care Plan is not submitted within 30 days, the Soldier IS NOT CONSIDERED DEPLOYABLE, will not depart the command, and the commander will consider initiating involuntary separation proceeding.

[LeeCalif]

Try this . Got kids ? Then take care of them.

[shr1966]

Last time I re-enlisted, as well as the 6 times before that, it was a volunteer service. There is no question as to whether or not one will have to leave their children, wives and husbands but a matter of when. Quit feeling sorry for the people who dont want to go and show some respect for those that do!

[EpicureanNutrients]

I don't see any interpretation of LeeCalif's comment that would indicate "feeling sorry for the people who dont want to go".

[austin4]

I feel sorry for you, you've spend all those years in the military, and when and if you retire, you won't have a heart or a soul. We say, we fight to defend our country and the rights of others, but in the Military, a soldier has to give up most if not all of those rights. You are a sad lost soul.

[ReedYoung]

1. God
2. Family
3. Country

The order is not accidental, is it?

[shp]

Try this one: Duty, Honor, Country

General MacArthur at West Point

http://www.keytlaw.com/Greatwords/macarthur.htm

Times sure have changed

[ReedYoung]

I hope you mean that a mother's duty to her children comes first.

[ediva75]

She didn't have any family nearby to help watch her son?? Where is her family to help her out?? Hell where is the father of her child to help her out?? Things like this make me a bit scared to have a kid because the heavy is always on the woman!

I understand her seeking an opportunity with the military to better her life and I do feel for her Army sentencing but this is yet once again where we as women have got to be be careful with who we choose to be with for mates. Why her family or her father of her child isn't helping her I don't know but still we have to be careful as women PERIOD!! As obvious these days is military isn't about work-life balance and Uncle Sam doesn't care about any parent's childcare issues.

[EpicureanNutrients]

The military has never been about work-life balance; it has always been about service, and the great thing about service is that it is above and beyond work and balance. Also, you have to be able to ignore a lot of things to believe that "Uncle Sam doesn't care about any parent's childcare issues." Such as, you know, the family care plan that is central to this story.

[austin4]

The Military has always been about Defense Contractors, the people who make the REAL money, and that Honor and Duty thing, doesn't apply t them. The Army or no other Branch drags them in the mud, like they do the soldiers. DC's will be the demise of the American Military, and their numbers are growing. The Pentagon will take a "No-Bid Contract", over a Soldier, any day.

[proudloudlib]

This should be the FRONT PAGE story, and we should all be making a fuss! Where's the outrage??

[anisaerah]

I know, it's pretty outrageous that someone thinks they can avoid deployment because they are female.

[devildog21]

Yep. Should have just dropped the kid at daycare and deployed. I'm sure someone would have cared for him.

Glad I didn't have parents like you.

[DeliciousPear]

I'm confused as to why she wasn't dishonourably discharged when she became pregnant. That's the standard operating procedure and no shame would have followed her.

If she choose to remain inlisted while pregnant then she accepted the risk of being deployed.

She should have taken the honourable way out when she had the chance.

[Givethemhellharry]

What the H is our Army doing sending single new mothers out of the country. Children need at least to one parent to not grow screwed up. Propping up a corrupt regime half way around the world doesn't seem a good enough reason to do this. In world war II and I believe Vietnam even fathers were excused from military duty. Has our military sunk so low that we not only send mothers involuntarily to war zones but throw them into jail if because of circumstances beyond there control they cannot live to this insane requirement they throw them into jail. Boy has our society fallen to a new low.

[noudidnt]

Yes its dumb. Meanwhile there are thousands of cyberpatriots out there who won't sign up.

Cowards.

[GhiaccioPronto]

Yes blackmailing women, with threats to throw their children in Georgia state foster care is a new low. But they won't get away with it.

[2NOIR4U]

I am sure Specialist Hutchinson was well aware of the possibility of be deployed when she got pregnant. This has been an ongoing issue in the Army for years, but at the present operations tempo it is not fair to other soldiers in her field for her not to deploy when it is her turn. The family care plan is a required part of any deployment procedure it is mandated to be in place and if there is a change it is the soldiers responsibility to keep the Army informed of their plan's status. I know it is easy to look at the Army and place blame, but Spc Hutchinson is well aware that this was a possibility for quite some time.

[GhiaccioPronto]

I suppose baby Hutchinson should have known better too?

[devildog21]

She should have been processed for a hardship discharge rather than being forced into missing a movement and being courts martialed. Her chain of command appears to have failed her in a big way.

[proudloudlib]

I don't know what your personal beliefs are, but I would wager the same people that blame Spec. Hutchinson because she "was aware of the possibility of being deployed" would also be perfectly fine with taking away her right to choose. I've got news for these people: The right to choice is just that. A woman can also choose to keep a child. They just cannot have it both ways. And where is the concern for "life" when putting a child into the system is even an option when there is a fit parent available? Surely the Army can find jobs on bases here at home for the mothers of young children. A little humanity would not be out of line.

[Meeps]

I don't understand why any woman would want to get pregnant while in the service, you know how long you are there, you should use birth control until you are almost out especially if you don't have a mate that can care for it, it should not be left up to the grandmother to raise this baby until she got out anyway. Its called being responsible

[GhiaccioPronto]

Yes, more "should have" and "what if" posturing

however, there is a real life baby at stake here, not a pretend one. That baby has constitutional rights and human ones.

[Drjimmy72296]

"That baby has constitutional rights and human ones."

You talk like it's a collection of cells small enough to fit on the head of a pin.

[Vxx]

This is a little peek into just how much trouble the military is in with shredding their personnel into oblivion. Three and more deployments into war zones, undersupport for families, anti-mental health, etc.

All from our "fearless leaders" abusing the most important resource they have: our military personnel.

Sometimes I think the economy is being tanked and the middle class destroyed on purpose just to force people into the military (while saying "There is no draft" ha ha ha).

[austin4]

I'm ex-Military and I agree with you 100%. And I might add, the military is mirror example of the Dumbing down of American. When soldiers turn on each, without Facts. Brainwashing in it's purest form.