You're right. But I've always thought the distinction between "ex-Marine" (bad) and "former Marine" (good) was stupid. A semantic game that made no sense to anyone remotely familiar with the English language. "Ex" and "former" mean the same damn thing, no matter what distinction some wrapped too tight Jarhead made at some point in the past. And because there's a bit of contrarian in every good Marine, and because "Former Jarhead" didn't looks as good as "XJarhead", I went with the latter.
there is also UCMJ to take care of the real trouble-makers. I believe it's article 134 (the catch-all)!!
Awe, you don't want to send every little thing up for a Captain's Mast or court martial. And then you've got all the legal technicalities. Hell, for all I knew then, the Marine may have been in the right legally. But what was important to me at that time was unit cohesian, and I knew my CO and even the Bn. Co. would have backed me up on that. As it was, the threatened thumping solved the problem immediately, and with no paperwork.
I was in artillery at the time, though I went to law school after getting out. And I'd still do the same thing even knowing what I know now. Some things you just need to handle -- or better yet, let your NCO's handle -- without the niceties.
On a related point, I once had another Marine with a wife and newborn. Instead of taking care of them, the moron was living with two other women in a trailer off base, and not sending his wife and baby (who lived on base) any money. She called us crying about that. And he also was in debt to a bunch of Marines in other units who were about to beat the money out of him. He was an idiot, and getting himself in deeper trouble every day.
Anyway, two of my NCO's brought this to my attention. Their idea was to follow him every payday to the bank, take his money from him, and deliver it personally to his wife and daughter. They also forced him to sell stuff he'd bought -- like stereo's, etc., -- and would use that money to pay off his debts. They told him to comply or they'd beat the crap out of him.
Now dammit, those are some fine NCO's! Anyway, they did that for a couple of months, got the goons off his back, and made sure the guy's family had money for food, formula, diapers, etc.
Obviously, it was completely illegal. But trying to unscrew that situation legally would have taken a long time, and it was time the family and the moron didn't have. So my guys handled it for a few months until the guy was sent to his next base in the boonies and away from the trailer trash. We also sent the wife to base counseling so she could figure out her options if he did that crap again.
Excellent points. you had some great NCOs, that is for sure. As we say in the Army: NCOs are the backbone.
You are right about running everything up to the Commander being a waste of time and resources. I believe good leaders can accomplish these things on their own, but there are the occasional problem children that aren't worth the effort or haven't learned after some wall-to-wall counseling. For them a quick Summary Article 15 may do the trick or even Company Grade Art. 15. After that, chapter the guy out for the good of the unit/service.
I hope the Marine you wrote about turned his life around for the sake of his family and the unit.
Behind the motor pool is always a good counseling area. Lots of privacy to get the point across.