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Posted on 07/15/2006 8:40:47 AM PDT by Excuse_My_Bellicosity
He wants to run for congress.
dung.
That never stopped dead people.
Sounds like someone is vying for the next face of the anti-Bush movement.
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Or a book deal or TV interviews or even lunch with Cindy Sheehan.
It's been 31 years since I was subject to the UCMJ and I never ran afoul of it when I was (never even an Article 15) but I was always under the impression that when one pleaded guilty to a felony in a civilian court (as did this clown) you were subject to immediate discharge under less than honorable conditions and,thus,would lose all benefits,including pension,etc.
Perhaps a military lawyer could set me straight on this. Also,I suppose that it could be that you're subject to punishment *up to* discharge,etc and that it's up to the convening authority within your Command.
I don't think that that applies in all states.I know that in Massachusetts they can vote (surprise,surprise).
I think that your comment #22 is right on. It is entirely possible to have technical competence but to be downright stupid in judgment matters outside that field of competence. How illustrative of that this case is!
"I don't think that that applies in all states.I know that in Massachusetts they can vote (surprise,surprise)."
He can move to the people's Republic of Massoftwoshits if he wants his voting rights restored. He'll just be another stupid leftist among many, but at least he'll be around a number of like-minded people.
Read what it says in the 2002 UCMJ to see that he should be stripped of all of his gongs, rank and service and dismissed with a Other than Honorable Discharge.
Article 88-Contempt toward officials
a. Text.
"Any commissioned officer who uses contemptuous words against the President, the Vice President, Congress, the Secretary of Defense, the Secretary of a military department, the Secretary of Transportation, or the Governor or legislature of any State, Territory, Commonwealth, or possession in which he is on duty or present shall be punished as a court-martial may direct."
b. Elements.
(1) That the accused was a commissioned officer of the United States armed forces;
(2) That the accused used certain words against an official or legislature named in the article;
(3) That by an act of the accused these words came to the knowledge of a person other than the accused; and
(4) That the words used were contemptuous, either in themselves or by virtue of the circumstances under which they were used.
[Note: If the words were against a Governor or legislature, add the following element]
(5) That the accused was then present in the State, Territory, Commonwealth, or possession of the Governor or legislature concerned.
c. Explanation. The official or legislature against whom the words are used must be occupying one of the offices or be one of the legislatures named in Article 88 at the time of the offense. Neither "Congress" nor "legislature" includes its members individually. "Governor" does not include "lieutenant governor." It is immaterial whether the words are used against the official in an official or private capacity. If not personally contemptuous, adverse criticism of one of the officials or legislatures named in the article in the course of a political discussion, even though emphatically expressed, may not be charged as a violation of the article. Similarly, expressions of opinion made in a purely private conversation should not ordinarily be charged. Giving broad circulation to a written publication containing contemptuous words of the kind made punishable by this article, or the utterance of
contemptuous words of this kind in the presence of military subordinates, aggravates the offense. The truth or falsity of the statements is immaterial.
d. Lesser included offense. Article 80-attempts
e. Maximum punishment. Dismissal, forfeiture of all pay and allowances, and confinement for 1 year.
Article 133-Conduct unbecoming an officer and gentleman
a. Text.
"Any commissioned officer, cadet, or midshipman who is convicted of conduct unbecoming an officer and a gentleman shall be punished as a court-martial may direct."
b. Elements.
(1) That the accused did or omitted to do certain acts; and
(2) That, under the circumstances, these acts or omissions constituted conduct unbecoming an officer and gentleman.
c. Explanation.
(1) Gentleman. As used in this article, "gentleman" includes both male and female commissioned officers, cadets, and midshipmen.
(2) Nature of offense. Conduct violative of this article is action or behavior in an official capacity which, in dishonoring or disgracing the person as an officer, seriously compromises the officer's character as a gentleman, or action or behavior in an unofficial or private capacity which, in dishonoring or disgracing the officer personally, seriously compromises the person's standing as an officer. There are certain moral attributes common to the ideal officer and the perfect gentleman, a lack of which is indicated by acts of dishonesty, unfair dealing, indecency, indecorum, lawlessness, injustice, or cruelty. Not everyone is or can be expected to meet unrealistically high moral standards, but there is a limit of tolerance based on customs of the service and military necessity below which the personal standards of an officer, cadet, or midshipman cannot fall without seriously compromising the person's standing as an officer, cadet, or midshipman or the person's character as a gentleman. This article prohibits conduct by a commissioned officer, cadet, or midshipman which, taking all the circumstances into consideration is thus compromising. This article includes acts made punishable by any other article, provided these acts amount to conduct unbecoming an officer and a gentleman. Thus, a commissioned officer who steals property violates both this article and Article 121. Whenever the offense charged is the same as a specific
offense set forth in this Manual, the elements of proof are the same as those set forth in the paragraph which treats that specific offense, with the additional requirement that the act or omission constitutes conduct unbecoming an officer and gentleman.
(3) Examples of offenses. Instances of violation of this article include knowingly making a false official statement; dishonorable failure to pay a debt; cheating on an exam; opening and reading a letter of another without authority; using insulting or defamatory language to another officer in that officer's presence or about that officer to other military persons;
being drunk and disorderly in a public place; public association with known prostitutes; committing or attempting to commit a crime involving moral turpitude; and failing without good cause to support the officer's family.
d. Lesser included offense. Article 80-attempts
e. Maximum punishment. Dismissal, forfeiture of all pay and allowances, and confinement for a period not in excess of that authorized for the most analogous offense for which a punishment is prescribed in this Manual, or, if none is prescribed, for 1 year.
Officers are not supposed to have publically expressed political views.
This a-hole's painting of bumper stickers is a publically expressed political view and also wanton vandalism.
He should pay the price.
What the 2002 UCMJ Says about this
Article 88-Contempt toward officials
a. Text.
"Any commissioned officer who uses contemptuous words against the President, the Vice President, Congress, the Secretary of Defense, the Secretary of a military department, the Secretary of Transportation, or the Governor or legislature of any State, Territory, Commonwealth, or possession in which he is on duty or present shall be punished as a court-martial may direct."
b. Elements.
(1) That the accused was a commissioned officer of the United States armed forces;
(2) That the accused used certain words against an official or legislature named in the article;
(3) That by an act of the accused these words came to the knowledge of a person other than the accused; and
(4) That the words used were contemptuous, either in themselves or by virtue of the circumstances under which they were used.
[Note: If the words were against a Governor or legislature, add the following element]
(5) That the accused was then present in the State, Territory, Commonwealth, or possession of the Governor or legislature concerned.
c. Explanation. The official or legislature against whom the words are used must be occupying one of the offices or be one of the legislatures named in Article 88 at the time of the offense. Neither "Congress" nor "legislature" includes its members individually. "Governor" does not include "lieutenant governor." It is immaterial whether the words are used against the official in an official or private capacity. If not personally contemptuous, adverse criticism of one of the officials or legislatures named in the article in the course of a political discussion, even though emphatically expressed, may not be charged as a violation of the article. Similarly, expressions of opinion made in a purely private conversation should not ordinarily be charged. Giving broad circulation to a written publication containing contemptuous words of the kind made punishable by this article, or the utterance of
contemptuous words of this kind in the presence of military subordinates, aggravates the offense. The truth or falsity of the statements is immaterial.
d. Lesser included offense. Article 80-attempts
e. Maximum punishment. Dismissal, forfeiture of all pay and allowances, and confinement for 1 year.
Article 133-Conduct unbecoming an officer and gentleman
a. Text.
"Any commissioned officer, cadet, or midshipman who is convicted of conduct unbecoming an officer and a gentleman shall be punished as a court-martial may direct."
b. Elements.
(1) That the accused did or omitted to do certain acts; and
(2) That, under the circumstances, these acts or omissions constituted conduct unbecoming an officer and gentleman.
c. Explanation.
(1) Gentleman. As used in this article, "gentleman" includes both male and female commissioned officers, cadets, and midshipmen.
(2) Nature of offense. Conduct violative of this article is action or behavior in an official capacity which, in dishonoring or disgracing the person as an officer, seriously compromises the officer's character as a gentleman, or action or behavior in an unofficial or private capacity which, in dishonoring or disgracing the officer personally, seriously compromises the person's standing as an officer. There are certain moral attributes common to the ideal officer and the perfect gentleman, a lack of which is indicated by acts of dishonesty, unfair dealing, indecency, indecorum, lawlessness, injustice, or cruelty. Not everyone is or can be expected to meet unrealistically high moral standards, but there is a limit of tolerance based on customs of the service and military necessity below which the personal standards of an officer, cadet, or midshipman cannot fall without seriously compromising the person's standing as an officer, cadet, or midshipman or the person's character as a gentleman. This article prohibits conduct by a commissioned officer, cadet, or midshipman which, taking all the circumstances into consideration is thus compromising. This article includes acts made punishable by any other article, provided these acts amount to conduct unbecoming an officer and a gentleman. Thus, a commissioned officer who steals property violates both this article and Article 121. Whenever the offense charged is the same as a specific
offense set forth in this Manual, the elements of proof are the same as those set forth in the paragraph which treats that specific offense, with the additional requirement that the act or omission constitutes conduct unbecoming an officer and gentleman.
(3) Examples of offenses. Instances of violation of this article include knowingly making a false official statement; dishonorable failure to pay a debt; cheating on an exam; opening and reading a letter of another without authority; using insulting or defamatory language to another officer in that officer's presence or about that officer to other military persons;
being drunk and disorderly in a public place; public association with known prostitutes; committing or attempting to commit a crime involving moral turpitude; and failing without good cause to support the officer's family.
d. Lesser included offense. Article 80-attempts
e. Maximum punishment. Dismissal, forfeiture of all pay and allowances, and confinement for a period not in excess of that authorized for the most analogous offense for which a punishment is prescribed in this Manual, or, if none is prescribed, for 1 year.
How about a big chicken dinner?
conduct unbecoming...
I just didn't read it the way you did.
Hope you're correct....this guy is a disgrace.
I remember a lot of military folk were less than happy with Clinton....but they had to honor the office even if they didn't care for the man.
Eaten up with liberal dumb@$$. Ninty-percent of military officers are Republican. You have a few ultra libs like Weasley Cluck.
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