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Can You Threaten a Soldier with Court Martial for Speaking?


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THE ANSWER IS RIGHT IN FRONT OF YOU, SORT OF. HOW MANY JOINT CHEIF'S HAVE WE GONE THROUGH SINCE 9-11? THE FIELD GRADE OFFICER'S WHO HAVE RECENTLY VOICED NEGITIVLY ON OUR PROGRESS AND FUTUTE PROSPECTS FOR ANY SUCSESS WILL SOON DISSAPPEAR ALSO FROM PUBLIC VIEW.
THE MILLITARY COMMAND STRUCTURE IS A WEIRD PLACE WHERE CERTAIN RULES APPLY THAT WOULD NOT BE FOUND OUTSIDE IN THE PRIVATE SECTOR.

AS FOR ORDINARY MILLITARY PERSONEL, SAY, FOR STARTERS, FIELD GRADE OFFICERS VOICEING NEGITIVE COMMENTS, THEY COULD FACE PUNISHMENT FOR CONDUCTING UNBECOMMING AND EITHER DESTROY THEIR CARREER'S OR BE FORCED TO RESIGN, OR WORSE. THE ENLISTED PERSONEL VOICEING NEGITIVE COMMENTS CAN INITIALLY BE INTIMIDATED TO CEASE MAKING THESE COMMENTS AS AN INITIAL ACTION, OR THEY CAN RECEIVE A LONG FORM ARTICLE 15 RESULTING IN REDUCTIONS IN RANK AND FORFITURE OF PAY.
AS FOR A COURT MARTIAL OF ENLISTED PERSONEL, IF THEY WERE IN SOME SORT OF SECURITY SENSITIVE POSITION, AND ORDERED BY AN OFFICER TO NOT MAKE FURTHER COMMENTS, AND THEY CONTINUED TO DO SO, THEN THEY COULD, I THINK BE COURT MARTICIALED FOR DISOBEYING A DIRECT ORDER.
UNDERSTAND ONLY AN OFFICER CAN GIVE A DIRECT ORDER, WHERE A NON COMM CAN ONLY GIVE INDIRECT ORDERS.

I THINK WE MAY BE BREAKING NEW GROUND HERE WITH THIS IRAQI SITUATION UNLIKE WHERE IN VIET NAM WE FOUGHT WITH A CONSCRIPT ARMY THAT MADE NEGITIVE COMMENT ABOUT EVERYTHING ASSOCIATED WITH VIET NAM AND THE MILLITARY. THE COMMAND STRUCTURE MUST BE AWARE THAT THE SUPPORT SITUATION HERE AT HOME IS BREAKING DOWN AND WHEN NEGITIVE COMMENTS SURFACE FROM SERVICE PERSONEL THEY MAY TAKE STEPS TO PREVENT IT.
THEREFORE CHARGES ARRISING FROM THESE TYPE COMMENTS MAY LEAD TO COURTS MARTIAL OF OFFENDERS TO WHAT EVER POLICY IS IN EFFECT REGARDING SPEAKING OUT. THE COURT MARTIAL OF PRIVATE ERNIE SLOVAK AFTER WW II ENDED IS AN EXAMPLE OF HOW THIS AUTHORITY CAN BE UTILIZED TO MAKE AN EXAMPLE OUT OF ONE PVT WHO DESSERTED WHEN THERE WERE MANY WHO HAD DESSERTED TO GO HAVE FUN IN PARIS OR ELSEWHERE.
SO I THINK THE ANSWER IS YES TO THE QUESTION IF A REAL PROBLEM ARRISES THAT CREATES PERCEIVED MORAL OR DICIPLINARY PROBLEMS. COURT MARTIALING SOMEONE IS AN EFFECTIVE WAY TO STOP THOSE FROM SPEAKING OUT. WHETHER IT BE JUST IS ANOTHER MATTER. ALWAYS REMEMBER THAT THE COMMAND OFFICER CORP IS A ODD BUNCH. I HOPE THIS HAS HELPED AND WILL INVITE FURTHER DEBATE AND I AM, SCOTT HUMPHREY IN SPRINGFIELD ILLINOIS.

I NEED TO ADD A FEW THOUGHT'S AND MAKE ONE CORRECTION TO MY RESPONSE TO THE QUESTION CAN A SOLDIER BE COURTMARTIALED FOR SPEAKING OUT.

NCO'S CAN ISSUE LAWFULL ORDERS TO SUBORDINATE ENLISTED PERSONEL. INDIRECT ORDERS IS AN INCORRECT TERM.

COL CHARLES BECKWITH SAID IT BEST. COMPANY GRADE OFFICER'S ( AND FIELD GRADE ALSO, I SUPPOSE) SHOULD ONLY ISSUE AN ARTICLE 15 (LONG OR SHORT) ONLY IF THEY ARE WILLING TO TAKE THE ISSUE TO COURTS MARTIAL IF THE ART-15 IS REFUSED. ANY MILL PERSONEL ISSUED AN ART-15 MAY AT THEIR OWN CHOSSING REFUSE TO EXCEPT AN ART-15 AND INSTEAD ELECT HAVE THE CHARGE THEY FACE TRIED IN A COURTS MARTIAL. OF COURSE THERE ARE THREE LEVELS OF COURTS MARTIAL DEPENDING ON THE SERIOUSNESS OF THE ALLEDGED OFFENSE THEIR CHARGED WITH.

AFTER THINKING ON THIS SUBJECT ADDITIONALLY, I BELEIVE IT IS A CHARGIBLE OFFENSE TO STATE OFFENSIVE AND DISRESPECTFULL SLANDER AGAINST THE COMM N CHIEF, VICE COMM N CHIEF AND SEC OF DEF.

BUT A TRULY HONEST AND UP FRONT COMPANY COMMANDER WILL NOT NECESSAIRLY TAKE SERIOUS ACTION AGAINST HIS ENLISTED PERSONEL FOR SPEAKING THEIR MIND. HE MAY ADVISE AGAINST THIS AND ORDER IT STOPPED, AND ONLY TAKE ACTION IF THE SITUATION GETS OUT OF HAND AND BECOMES A DISCIPLINARY ISSUE. THOSE ENLISTED PERSONEL WOULD HAVE BETTER JUDGEMENT AND KNOW WHO IS COOL AND WHO IS NOT IN THEIR IMMEDIATE CHAIN OF COMMAND. ONLY A FOOL WOULD ATTEMPT TO VOICE NEGITIVE COMMENT TO BATT LEVEL COMMANDER'S REF THE CHAIN OF COMMAND. THE MORAL IN THE US ARMY SUFFERED SERIOUS BREAK DOWN WHEN I SERVED BEGINNING IN 1969 TO 1972. I ACTUALLY OBSERVED OUTRIGHT ACT'S OF MUTINY IN WHICH THE OFFENDER'S COULD HAVE BEEN IMMEDIATLY JAILED AND CORT MARTIALED. IN ONE PARTICULAR INSTANCE, THE E-7 VICTIM WAS SO INTIMIDATED HE DID NOTHING. THERE WAS A LOT OF BEHIND THE SCEENS NEGITIVE COMMENTS MADE ABOUT TRICKY DICK BUT NO ONE WENT TOO PUBLIC. EVERYONE KNOW WHAT THE TRUTH WAS IN THOSE DAYS, COMPANY LEVEL, THAT IS. YOU CANT TRUST ANYONE IN BATTALION, OR HIGHER.
I THINK THIS STILL SHOULD BE THE RULE TODAY. IF YOU FEEL NEGITIVE INPULSES TOWARD THE CHAIN OF COMMAND, IT'S BEST TO KEEP THIS VIEW CONCEALED FROM MOST COMPANY GRADE OFFICERS AND ALL FIELD GRADE OFFICERS OR YOU RISK BEING MADE AN EXAMPLE. THATS MY ADVICE. ALWAYS REMEMBER THAT THE OFFICER CORP IS A ODD THINKING BUNCH WHO HAVE SWORN AN OATH THEY ARE NOT LIKELY TO COMPRIMISE. SO ANY DESSENTERS WOULD BE WELL ADVISED TO EXCERCISE EXTREEM CAUTION WITHIN THEIR DESSENT. WE KNOW BACK HERE IN THE WORLD, WHAT YOUR FACING, & WE'RE DOING EVERYTHING HUMANLY POSSIBLE TO HAVE YOU WITHDRAWN FROM THE A/O OR AS WE USE TO SAY, WERE GONNA HAVE YOU UN-ASS THE A/O ASAP! WERE TRYING, THAT IS.
AGAIN, IM SCOTT HUMPHREY IN SPFLD, ILLINOIS

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