In the 189th episode of the Stories of Service Podcast, which focused on due process rights for National Guard members. The discussion centered on Senate Bill 95, which aims to restore court-martial rights for Title 32 National Guard members in Nevada.
Guests of the Week:
Chris Tinsman  | Andy Lindstrom  |
Chris Tinsman is a former Army JAG officer who served in the Nevada Army National Guard from 2013 to 2022, rising to Senior Defense Counsel. A graduate of Washington College and Roger Williams University School of Law, he’s licensed in Connecticut and Nevada. Chris deployed to Fort Bragg in 2016, gaining extensive court-martial experience supporting over 60,000 soldiers. He resigned in 2022 citing concerns about leadership and military justice, receiving an Honorable Discharge. In civilian life, he specializes in military law, drone operations, and government contracting, and volunteers legal support to nonprofits, veteran-owned startups, and Kappa Sigma at his alma mater.
Enlisting in the U.S. Marine Corps Infantry (0341) on January 5, 2009, Andy Lindstrom deployed twice in support of Operation Enduring Freedom II in Helmand Province, serving in the Nawa and Garmser districts. During his time in the Marine Corps, he held multiple roles including SAW Gunner, Radio Operator, and IED Dog Handler alongside his partner, Emmie. He later served in the Army National Guard from 2013 to 2021, ultimately leaving due to harassment from leadership within the 150th Maintenance Company.
The discussion included coverage of Allison Bailey's case, where she faced disciplinary action without proper due process protections. The Nevada National Guard's JAG Corps, represented by Colonel Remus, opposed the bill citing resource constraints, though this was later challenged when the fiscal note was removed.
Dr. Dwight Sterling, a former JAG officer with the California National Guard, provided context about how Nevada is one of only six states where service members expressly do not have the right to demand a court-martial. The discussion highlighted how this limitation affects service members' constitutional rights.
Introduction to Senate Bill 95 and Due Process Rights
Theresa Carpenter introduces the core issue of due process protections for Title 32 National Guard members, highlighting that these protections don't exist in at least six states. The discussion focuses on Senate Bill 95, which aims to restore these rights.
The Allison Bailey Case and Its Impact
The discussion covers the case of Sergeant First Class Allison Bailey, who went from being a model soldier to facing discharge. Dr. Sterling describes meeting her as 'a broken woman' following her experience with the Nevada Guard's disciplinary process.
Current State of Military Justice in Nevada
Chris Tinsman details how Nevada law prevents guardsmen from opting for a court-martial in lieu of Article 15, while the Nevada National Guard spokesperson Captain Emerson Marcus defends the current system.
Legislative History and Changes
The chapter covers how Nevada legislators changed state law in 2015 to provide court-martial rights, only to reverse it in 2019 at the request of state military leadership through Assembly Bill 37.
Listen to Audio
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The discussion concludes with the removal of the fiscal note on SB95, contradicting the Nevada National Guard's claim of significant resource requirements for implementing court-martial rights.
