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qazplm135

(7,654 posts)

19. There are several articles that could be applied to Flynn

Tue Dec 18, 2018, 05:12 PM

Dec 2018

they would all require any acts done ordinarily to be done while on active duty (although there is an argument that a retiree receiving retired pay is theoretically liable for acts done even in a retiree status, but to my recollection that's rarely been done).

He is an Officer, so Article 133, Conduct Unbecoming an Officer and a Gentlemen is the 133 "catch-all" equivalent for Officers.
Article 134 can be used for Officers or Enlisted though, but generally speaking the catchall provision is more for Enlisted.

Art 133 is actually broader than 134.

It's not likely going to be treason, or misbehavior before the enemy. But there are a large number of articles that deal with various possible crimes, would need to know the specific allegations to know what articles might apply.

You cannot apply Art 134 if one of the other enumerated articles apply in a concept called "preemption."

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Brief bit on Flynn/Uniform Military Code & Article 134 is mentioned. ?? [View all] PhrankT Dec 2018 OP

Maybe Article 134 isn't it. Maybe this is more appropriate PhrankT Dec 2018 #1

Pffft! He'd already be there! ...nt 2naSalit Dec 2018 #18

I've seen veterans stripped of their retirement for less maxrandb Dec 2018 #2

That is exactly how I feel. He cannot be allowed to set the example for all service members by PhrankT Dec 2018 #3

Can you give examples? cynatnite Dec 2018 #7

I should clarify maxrandb Dec 2018 #11

The fact is Flynn committed his crimes after retiring... cynatnite Dec 2018 #15

If I remember my UCMJ training correctly (which was a long time ago) ooky Dec 2018 #4

I don't see the required elements for a treason charge pecosbob Dec 2018 #5

Thanks. I want him taken down one way or another. Civilian court or Military PhrankT Dec 2018 #6

Even if it fits, it's highly unlikely to happen... cynatnite Dec 2018 #8

I think that very much depends on military 'politics' pecosbob Dec 2018 #9

It doesn't matter what the opinions are... cynatnite Dec 2018 #10

The Army would have to recall him and Court Martial him maxrandb Dec 2018 #13

I agree one hundred percent pecosbob Dec 2018 #14

The UCMJ does not have lower standards of proof qazplm135 Dec 2018 #20

The Army Judge Advocates General office can review the character of Flynn's service The Polack MSgt Dec 2018 #12

Thanx...my brain's a bit rusty thirty + years after separation pecosbob Dec 2018 #16

When you're talking about Flag/General Officers, politics always plays a role The Polack MSgt Dec 2018 #17

There are several articles that could be applied to Flynn qazplm135 Dec 2018 #19

My first battalion commander forbade use of Article 134 by his company commanders jmowreader Dec 2018 #21