US army rejects Charles Martland appeal who confronted Afghan rapist

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Sergeant 1st Class Charles Martland, 33, shoved to the ground an Afghan police commander who was accused of raping a 12-year-old boy
The 11-year Green Beret was ordered discharged from the Army by November 1 but appealed the decision
U.S Army Human Resources Command told Martland this week that his case does not meet the criteria for an appeal
The reasons for his dismissal have not been made public due to the 'Privacy Act'
Case comes amid claims that U.S. soldiers were advised to 'look the other way' when Afghan police and troops sexually abused young boys

Published: 03:21 EST, 23 September 2015 | Updated: 11:49 EST, 23 September 2015

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Sergeant 1st Class Charles Martland has been ordered to leave the U.S. military by November 1

The Army has rejected the appeal of a U.S. special forces soldier who was ordered to be discharged for confronting an Afghan police commander who'd allegedly raped a young boy.

Sergeant 1st Class Charles Martland, 33, from Massachusetts, was told this week that his case 'does not meet the criteria' for an appeal'.

The U.S. Army Human Resources Command wrote in a memo to the soldier: 'Consequently, your request for an appeal and continued service is disapproved.'

The memo was shared with Fox News by Republican Congressman Duncan Hunter, who has been fighting Martland's corner.

Hunter's office said Martland learned of the decision on Tuesday.

He and Captain Dan Quinn were ordered earlier this year to leave the Army by November 1.

Martland had been serving in war-torn Kunduz Province in 2011 when he learned that Rahman, whom he had trained, had allegedly raped a 12-year-old boy.

He was also said to have beaten up the boy's mother when she said she was going to report the attack.

When Martland and Quinn confronted Rahman about the claims, he 'laughed about it, and said it wasn't a big deal'.

The two soldiers shoved Rahman to the ground, and he walked away with bruises.

After Rahman complained to the US Army, it reportedly halted Martland's mission, put him in a temporary job then sent him home.

Martland was 'involuntary discharged' following a 'Qualitative Management Program' carried out by the Army in February this year. The reasons for his dismissal have not been made public due to the 'Privacy Act'.

Martland, who has served as a green beret for 11 years, requested to appeal the decision.

Meanwhile, Quinn quit the Army and is said to have secured a job on Wall Street.

Sergeant Martland, who received a Bronze Star for valor for his actions during a Taliban ambush, wrote in a letter to the Army this year that he and Mr. Quinn 'felt that morally we could no longer stand by and allow our A.L.P. [Afghan Local Police] to commit atrocities.'

This week's memo from the Army Human Resources Command said his appeal was rejected because appeals can only be considered for 'cases with material error, newly discovered evidence' or removal of certain documents.

Gregory Buckley Sr (left) claims that his son, Lance Corporal Gregory Buckley Jr (right), was gunned down in 2012 as a result of American officers being told to ignore the sexual abuse of Afghan boys

Martland now has the option to appeal to the Army Board for Correction of Military Records.

The rejection of his appeal comes just a day after the Defense Department was criticized over claims U.S. soldiers were told to turn a blind eye to the sexual abuse of young boys by Afghan police and army commanders.

According to the father of a Marine, who was shot dead by a teenage 'sex slave', American officers were told to ignore the abuse - even when it took place on military bases - because that was 'not the priority of the mission'.

Gregory Buckley Sr thinks it was that policy which led to his son Lance Corporal Gregory Buckley Jr, being gunned down in Helmand Province in 2012.

His murderer was a 17-year-old Afghan servant, who is alleged to have been pressed into sexual slavery by local police chief Sarwar Jan.

Buckley Sr told the New York Times: 'As far as the young boys are concerned, the [US] Marines are allowing it to happen and so they’re guilty by association

'They don’t know our Marines are sick to their stomachs.'

Martland was serving in war-torn Kunduz Province (pictured) when he shoved an alleged rapist to the ground

However, the commander of U.S. forces in Afghanistan, General John F. Campbell, told Fox News he was confident no such policy of turning a blind eye existed.

He said: 'I want to make absolutely clear that any sexual abuse or similar mistreatment of others, no matter the alleged perpetrator or victim, is completely unacceptable, and reprehensible.'

Meanwhile Navy Captain Jeff Davis, a Pentagon spokesman says the U.S. has no policy directing forces to overlook human rights abuses.

And White House Press Secretary Josh Earnest said America would continue to stand up to those who were denied human rights.

'The United States works closely with the Afghan government, civil society and international organizations in Afghanistan to put an end to the exploitation of children, but also to incorporate human rights training into our law enforcement programs to heighten awareness in prosecution of such crimes,' he added.