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maxrandb

(17,493 posts)
19. It's not only that. I have some experience with the UCMJ
Tue Apr 10, 2012, 07:44 PM
Apr 2012

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.

Recommendations

0 members have recommended this reply (displayed in chronological order):

lots of luck with that....he ignored orders from his chain of command Fresh_Start Apr 2012 #1
Since he's not officer rank... Silent3 Apr 2012 #4
No he's not a commissioned officer atreides1 Apr 2012 #7
I'm curious what the orders were Silent3 Apr 2012 #13
The military is subordinate to the executive branch of government. denbot Apr 2012 #23
Yes. they sure as fuck can. You join the military, you follow their commands- cali Apr 2012 #24
Ever been in the military? atreides1 Apr 2012 #33
I know there are special rules... Silent3 Apr 2012 #35
"his free speech rights should be equal to, or nearly so, with some very narrow exceptions..." greiner3 Apr 2012 #12
It's not a matter of any "argument" of mine "failing"... Silent3 Apr 2012 #15
There is no "Draft," there is no excuse! Liber-AL Apr 2012 #20
In order to charge under Article 88, you have to have these Elements maxrandb Apr 2012 #21
Er...didn't I just say that art 88 applies Liber-AL Apr 2012 #25
No maxrandb Apr 2012 #30
Lets just look at the UCMJ articles..no need to Liber-AL Apr 2012 #36
You seem to have assumed that I disagtee with you maxrandb Apr 2012 #37
Agreed... We are on the same side. Liber-AL Apr 2012 #38
It's not only that. I have some experience with the UCMJ maxrandb Apr 2012 #19
Article 88 BeGoodDoGood Apr 2012 #28
Seems like insubordination Kelvin Mace Apr 2012 #18
I think the final straw was MysticLynx Apr 2012 #31
It sounds like the military did the right thing Renew Deal Apr 2012 #2
Hope he knows better in his next job Kolesar Apr 2012 #10
Stein has disgraced the Corps with his lack of discipline, it's time for him to go. Uncle Joe Apr 2012 #3
disgraced donquijoterocket Apr 2012 #17
My first thought in these matters is ... 1StrongBlackMan Apr 2012 #5
Next career: Professional right wing whiner on Fox News alp227 Apr 2012 #6
Yep ... n/t 1StrongBlackMan Apr 2012 #8
If he can make this a First Amendment issue and pull it off, that's good news for Bradley Maning W T F Apr 2012 #9
Misleading headline, should read: Marine discharged over claims he will refuse to follow orders groundloop Apr 2012 #11
These people hate Obama so much they don't care if they tear the moral fiber nanabugg Apr 2012 #14
Asshole should be ashamed of himself Typical NYC Lib Apr 2012 #22
"Surprise! Surprise! Surprise!" Tom Ripley Apr 2012 #16
LOL.. sendero Apr 2012 #26
That's ok, now he can become another "victime of the left" on Fix News. n/t Daniel537 Apr 2012 #27
This is not a first admendment issue ...... marble falls Apr 2012 #29
They should ask that dipshit one question: Myrina Apr 2012 #32
Are you kidding me? Bombero1956 Apr 2012 #34
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