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Marine Faces 'Other Than Honorable' Discharge Over Anti-Obama Facebook Comment
ABC ^ | 04/15/2012 | MARISA TAYLOR

Posted on 04/16/2012 5:09:46 AM PDT by safetysign

A federal judge on Friday rejected Sgt. Gary Stein's injunction to halt a military tribunal's recommendation that he receive the discharge following anti-Obama comments he made on a private Facebook page in March, according to court documents.

Stein, 26, has maintained a webpage for the last two years about the armed forces tea party group he founded, including a disclaimer that the views were his own and didn't reflect those of his employer.

But according to his attorney, Stein never ran into any trouble until last month, when he wrote: "Screw Obama. I will not follow all orders from him."

(Excerpt) Read more at abcnews.go.com ...


TOPICS: Constitution/Conservatism; Culture/Society; Government; Politics/Elections
KEYWORDS: cicobama; dissent; facebook; marine; obama; stein; teaparty; usmc
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To: Ratman83

There was no trial, so the UCMJ article is irrelevant.

It was an administrative proceeding.


41 posted on 04/16/2012 10:16:30 AM PDT by SandyInSeattle (Never borrow batteries out of your smoke alarm!)
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To: FrankR
I have had to "hide" posts from some of my friends because they dominate my board with minutia that I could care less about. Some do 20 or 30 posts per day which drives the posts I really would like to see completely off the page.

No kidding. I had to hide my sister. Every ten minutes she'd post some random comment about nothing.

42 posted on 04/16/2012 10:18:41 AM PDT by SandyInSeattle (Never borrow batteries out of your smoke alarm!)
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To: xzins

From what I remember it was his own computer and he was clear that is was him not the Marine that was stating it. I think this is more political BS from the brass.


43 posted on 04/16/2012 10:19:27 AM PDT by Ratman83
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To: SandyInSeattle

Is the catch-all, order discipline article?


44 posted on 04/16/2012 10:23:25 AM PDT by xzins (Retired Army Chaplain and Proud of It! Pray Continued Victory for our Troops Still in Afghan!)
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To: SandyInSeattle

Is that the catch-all, order discipline article?


45 posted on 04/16/2012 10:23:45 AM PDT by xzins (Retired Army Chaplain and Proud of It! Pray Continued Victory for our Troops Still in Afghan!)
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To: xzins

Yes, that’s the “general article”.

It would only apply if he faced court-martial, which he didn’t. It was an administrative action.


46 posted on 04/16/2012 10:28:23 AM PDT by SandyInSeattle (Never borrow batteries out of your smoke alarm!)
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To: SandyInSeattle

The “ administrative proceeding” is one step in the process to destroy this Marines life. Why it is in the civilian courts before the military has finished with it I do not know. The UCMJ article is relevant because that is what they try him on.


47 posted on 04/16/2012 10:54:10 AM PDT by Ratman83
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To: A.A. Cunningham; Chainmail

No.

Apologies to have caused so much butthurt, I hope you have a swift and cheerful recovery, gentlemen.


48 posted on 04/16/2012 1:24:17 PM PDT by FlyingEagle
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To: safetysign

More years ago than I will ever admit, I was enlisted in the Air Force and it was my understanding that outside of voting, we were to be involved politically. I would have assumed that included most any way - other than voting.


49 posted on 04/16/2012 1:25:40 PM PDT by Vernon
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To: SandyInSeattle

His attorney was on the Andrea Shea King show the other night. Very unfair proceeding. Violated their own rules, gave no time to prepare the case, prevented a “Bird Colonel” from testifying for him, among many other things.

Podcast here:

http://www.blogtalkradio.com/askshow/2012/04/11/the-andrea-shea-king-show


50 posted on 04/16/2012 1:38:53 PM PDT by JohnnyP
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To: Chainmail
Cute, very cute, my draft-dodging friend.

Arn't you the presumptive one; and wrong. You must be a lot of fun at parties.

51 posted on 04/16/2012 2:04:59 PM PDT by 6SJ7 (Meh.)
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To: JohnnyP

Sorry, I don’t put much stock in what a defense attorney has to say on TV, no matter what the case.


52 posted on 04/16/2012 2:57:11 PM PDT by SandyInSeattle (Never borrow batteries out of your smoke alarm!)
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To: Ratman83

What civilian court? It was an administrative discharge proceeding, held by the military. There’s not civilian court case here.

The UCMJ article is not relevant, he’s not facing trial.

Do you have military experience? (Not to be confrontational, just trying to figure out where you’re coming from.)


53 posted on 04/16/2012 3:00:13 PM PDT by SandyInSeattle (Never borrow batteries out of your smoke alarm!)
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To: Vernon

My previous post should have read, “...outside of viting, we were NOT to be involved politically


54 posted on 04/16/2012 3:28:01 PM PDT by Vernon
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To: Vernon

My previous post should have read, “...outside of voting, we were NOT to be involved politically


55 posted on 04/16/2012 3:28:48 PM PDT by Vernon
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To: SandyInSeattle
From the article

A federal judge on Friday rejected Sgt. Gary Stein's injunction to halt a military tribunal's recommendation that he receive the discharge following anti-Obama comments he made on a private Facebook page in March, according to court documents.

Federal court.

Yes I served active and reserve amny years ago and I have a son on active duty now.

56 posted on 04/17/2012 5:10:39 AM PDT by Ratman83
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To: FlyingEagle
"Apologies to have caused so much butthurt..."

An amazingly gay response - not easily shamed, are you..?

57 posted on 04/17/2012 5:52:05 AM PDT by Chainmail
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To: SandyInSeattle
"The UCMJ article is not relevant, he’s not facing trial."

Actually you are incorrect; even in adminstrative proceedings, the UCMJ provides the framework for determining any violations. I could not have held Office Hours/Article 15 without citing the specific violation under the UCMJ.

I am of the opinion that the Marine Corps overeacted to this Marine's case because of the publicity in the Navy/Marine Corps Times and the hyper-political sensitivity of our current leaders. In my opinion, all of this should have been handled at the battalion commander level and limited to NJP, Page 11 entry, reduction in rank - with the obvious preclusion from reenlistment.

That way Sgt Stein would have served as an example but been eligible form Veteran's Benefits, security clearance, employability. Our current leadership chose the "show trial" route to impress the administration, I guess. If I would advise him, I would recommend petitioning the Naval Board of Records to upgrade his discharge.

58 posted on 04/17/2012 6:03:37 AM PDT by Chainmail
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To: Ratman83

The proceeding was military.

He appealed to a federal judge trying to get the civilians to interfere and they refused.


59 posted on 04/17/2012 6:56:21 AM PDT by SandyInSeattle (Never borrow batteries out of your smoke alarm!)
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To: Chainmail

You would be correct if he was facing Art 15 proceedings, but this was an admin discharge board. Different animal.

What branch did you serve in? Marine Corps here.


60 posted on 04/17/2012 6:58:14 AM PDT by SandyInSeattle (Never borrow batteries out of your smoke alarm!)
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