“I believe that this would be fair compensation for the legal attack on his name and service.”
This has been the problem with all the threads on this topic. He was convicted through a general court-martial under the UCMJ, and was sentenced for his actions. President Trump had a difference of opinion and took an action that did not overturn the decision by the court-martial board, just relieved him of the sentence which was loss of rank.
In Gallagher’s own words, right after the C-M was completed, he said, “I put a black eye on the two communities that I love — the U.S. Marine Corps and the U.S. Navy — specifically the SEAL community,” he said.
https://www.navytimes.com/news/your-navy/2019/07/03/seal-sentenced-for-posing-with-dead-detainee/
A military member is expected to conform to actions consistent with the needs of the country and their mission, especially a senior NCO.
Determining the further actions of a senior NCO that has been convicted of a court-martial for inappropriate actions/expectations under Article 133 can place the member into question and not fit for the requirements of an assignment or career field. It’s nothing new. The MEB is for that purpose using the conviction of the court-martial as a display of possible inappropriate actions.
The military justice system is different from the civilian world. He’s still guilty of the crime, just forgiven. And that directly effects his expected, and required, performance as a combat member in a sensitive area. So he can have his rank back by Trump, but is he qualified to remain in the SEAL career field? That’s for the MEB to decide. Until then, he cannot perform in the career field and cannot display any identification that says he is within it. He is out of uniform at that point.
As a former senior NCO from Vietnam to Desert Storm as military member, and Afghanistan and on as a DOD civilian, I have empathy for his situation. But he needs to be cleared to “go” before he does. More power to him. But he screwed up based upon expectation. He has to answer for those the military way, not through empathy.
rwood
Were you aware that the JAG prosecutors hack into the defense legal team’s computers by using malware? As soon as that was discovered the case should have been thrown out.
The problem with your post is the one sidedness. I saw no mention of prosecutorial misconduct. Where does that factor in?