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Originally posted by zeeon
Here comes the beginning of the dissmal of our 1st amendment rights.
As a Veteran and Active duty military
I am SHOCKED that some officer has the balls to try and take away this Marines earned Honorable Discharge and infringe on his earned rights of freedom of speech and peaceful assembly.
Originally posted by zeeon
I have provided you with proof that the DOD doesn't have legal jurisidction over this former Marine (on the basis that he is inactive reserves).
I'm seriously surprised that most of you (especially those who did a 10 second lookup on google, posted a part of a UCMJ that they most likely don't even understand, then recieved 5 star rating for their post!) wouldn't (and don't) take the time to do some real research for this obvious injustice.
Persons facing an OTH discharge are guaranteed, by the Uniform Code of Military Justice, the right to be tried by court-martial, however, many choose administrative discharge rather than face the possibility of a court-martial conviction (and thus the stigma of the Bad Conduct Discharge that often follows)
Source
Originally posted by zeeon
The Marine Corps is investigating whether Kokesh might have violated a rule prohibiting troops from wearing uniforms without authorization. Kokesh was honorably discharged following a combat tour in Iraq, but he remains part of the Individual Ready Reserve, a pool of former active duty service members in unpaid, non-drill status.
WAS (past tense for all you geniuses out there) HONORABLY DISCHARGED.
Originally posted by zeeon
What is it you guys don't get about
The Marine Corps is investigating whether Kokesh might have violated a rule prohibiting troops from wearing uniforms without authorization. Kokesh was honorably discharged following a combat tour in Iraq, but he remains part of the Individual Ready Reserve, a pool of former active duty service members in unpaid, non-drill status.
WAS (past tense for all you geniuses out there) HONORABLY DISCHARGED.
SourGrapes, the drilling reserves are not the same as the inactive reserves.
Secondly how can you not being a veteran and active duty?
A Veteran is not just an old man who served in a foriegn war. It's anyone, active duty or not, who has served in the military during a war, etc.
Secondly, I'm getting really sick of the character assassinitation - all because I'm defending someone. You guys keep spouting the same crap all the time - you keep pretending that he was STILL under active duty obligations - THE FACT OF THE MATTER is that he was in-active reserve - non drilling, non training, non paid, status - and I SERIOUSLY doubt the UCMJ has legal jurisidiction here.
Muaddib took the time to post multiple articles about uniform violations. If I remember correctly - didn't they either go to NJP or Court Martial?
How come that is not happening to our Marine? Because THEY CANT. He's DISCHARGED, HONORABLY. Changing that is the only thing they can do.
And All you active duty military should freaking know that you can get your discharged changed after being discharged OTH / General / Dishonorable (people who get kicked out for drugs, other things). So it's not impossible for a panel to change someone's discharge negatively also.
www.blackfive.net...
When you sign a contract to enlist or get a commission, it is generally for EIGHT years. You perform four years of Active Duy, then you have four left in the Reserves or National Guard. The branch of the Reserves and National Guard that does not have soldiers perform monthly or annual training is the Individual Ready Reserve. It's usually where the dead weight is put - where those who don't add value are placed to finish out their obligation. For instance, if you had a work conflict with your Reserve committment, you would be placed in the IRR to finish out your committment. If you were consistently absent from the monthly weekend training, you would get placed in the IRR.
.... a Marine Corps spokesman, said Kokesh
is under administrative review because
he wore his uniform at a political event,
which is prohibited.
Originally posted by proteus33
when i was 18 i lived in havelock north carolina right beside cherry point naval air station .during the summer i was pumping gas in fatigues i picked up at a military suplus shop in town a dumb ass officer come over too me telling me he was gonna put me on report for being in public in my work clothes i told him to get f@3ed he called mps they quickly informed him next time make sure not to harass civilans.
What are the obligations of IRR Members?
Members of the IRR need to be immediately available for mobilization. Upon activation, members have between 5 and 15 days’ notice to report for active duty. In addition, all IRR members are required to participate in their branch of service’s annual screening process. Also, according to regulation, all members may be required to serve up to 30
days of active duty (AD) each year.
When are IRR members subject to the UCMJ?
Members of the IRR are only subject to the UCMJ under the following circumstances:
• If called to active duty (AD). In the Navy, and potentially in other
branches as well, this means that from the moment one leaves home,
enroute to report for active duty, one is subject to the UCMJ.
• While on inactive duty training (IDT), including muster duty.
• If made the subject of Article 15 or Article 30 proceedings, and called to
active duty for the purpose of dealing with these proceedings (e.g. trial by
court-martial).
802. ART. 2. PERSONS SUBJECT TO THIS CHAPTER
(d)(1) A member of a reserve component who is not on active duty and who is made the subject of proceedings under section 815 (article 15) or section 830 (article 30) with respect to an offense against this chapter may be ordered to active duty involuntary for the purpose of-
(A) investigation under section 832 of this title (article 32);
(B) trial by court-martial; or
(C) non judicial punishment under section 815 of this title (article 15).
(2) A member of a reserve component may not be ordered to active duty under paragraph (1) except with respect to an offense committed while the member was
(A) on active duty; or
(B) on inactive-duty training, but in the case of members of the Army National Guard of the United States or the Air National Guard of the United States only when in Federal service.
Originally posted by zeeon
When are IRR members subject to the UCMJ?
Members of the IRR are only subject to the UCMJ under the following circumstances:
• If called to active duty (AD). In the Navy, and potentially in other
branches as well, this means that from the moment one leaves home,
enroute to report for active duty, one is subject to the UCMJ.
• While on inactive duty training (IDT), including muster duty.
• If made the subject of Article 15 or Article 30 proceedings, and called to
active duty for the purpose of dealing with these proceedings (e.g. trial by
court-martial).
Information on IRR
So he can't be ordered to Active Duty. Since Kokesh was not in an inactive-duty training status he can't be -
Under the Jurisdiction of the UCMJ unless under active duty orders (or travel orders) For an Example of this refer to Jurisidction of the UCMJ In Regards to Reservists
Ordered to Active Duty *EDIT*: to face charges or violations (he can still be ordered back for regular active duty)
Can't be subject to Courts Martial because the offense was not comitted while in an active duty, fleet reserve (or active reserve), retiree, or inactive-duty training status. This is observed by the fact that he is not officially being charged with an offense.
Originally posted by zeeon
Try reading my whole post before trying to shoot me down. Nice try.
Originally posted by SportyMB
2) A unifrom is a uniform wether is has insignia on it or not. And until your obligation (contract) is fullfilled, you must follow the UCMJ and all Marine Corps Orders pertaining to the proper wear of uniforms.
Originally posted by shots
Oh I already did read it only you see I think I am understanding it while you refuse to get it.
Now if he is not subject to the UCMJ why is he attending the hearing on Monday in Kansas?
Use some common sense he must have a lawyer. Now assuming he has a lawyer why would he attend a hearing if he was not required to do so?
Now you can argue until doomsday but that will not change the fact he is attending the hearing on Monday that alone speaks volumes.
I mean if he is so sure he is not covered by the UCMJ why didn't he just tell them to go to hell? Oh wait he can not do that Because he has not fulfilled is military obligation of 8 years.
[edit on 6/2/2007 by shots]
Originally posted by zeeon
He's not going to Courts Martial or NJP "bro". He's going to a panel of advisors, that decide wether or not to change his discharge. THE PANEL IS NOT NJP OR COURTS MARTIAL.
Originally posted by zeeon
I understand he is still under a military obligation. That obligation is under the IRR. Under the IRR, and in his current status, he is not subject to the UCMJ. That is what I'm saying.
Originally posted by zeeon
Because he under military obligation, the only thing the Marine Corp / DOD can do is change his discharge status.
[ If he didn't fall under the UCMJ, then he's not guilty of anything and doesn't deserve an OTH. ]