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In reply to the discussion: Marine will fight discharge over Obama comments [View all]maxrandb
(17,493 posts)Article 88 does not apply in this case, as he is not a commissioned officer.
However, there are rules and regulations regarding the political speech of members of the Armed Forces. I can say anything I want, within reason, as "citizen Bob", but as soon as I engage in political activity as a "member of the Armed Forces", I'd be in serious trouble. We are not allowed to participate in partisan activity, protests, etc. in uniform, but we can in civilian clothes. As soon as I put my uniform on, or identify myself as a Marine, Sailor, Soldier or Airman, my political activity becomes limited based on the regulations.
Those regulations are ORDERS! Disobeying a regulation is the same as disobeying an order.
I don't know all the facts of this case, but from what I've read, he is in violation of
- Failure to obey order or regulation
- Conduct unbecoming a non-commissioned officer
In addition, it's possible to make a case for Provoking Speech or Gestures, and Disrespect to a Superior.
Enlisted are different than Officers. They take a different oath. They swear/affirm to "follow the orders of the President of the United States and the order of the officers appointed over me". There is no mention of the President in the Officers oath.
and...one does not need to be in uniform to be a "superior". Whether this guy (I will no longer refer to him as a Marine) likes it or not, the President is his Commander-in-Chief and IS in his chain of command.
In my experience, this country, the Marines and the entire Armed Forces are BETTER OFF WITH THIS ASS-HAT discharged from service.