Thread: God Bless Gen. McChrystal
-
06-25-2010 09:42 PM #46
Actually, the whole thing is covered by Article 89 of the UCMJ...All soldiers are subject to these laws, from E1's through a 5 star General, if we ever had another one...
Don't really give a rip if the General was right or wrong in what he said, the fact that he said it is in violation of Article 89... Wright or wrong, when you're in the military you have signed a contract saying that you will abide by the UCMJ.
Here's a bit of it;
“Any person subject to this chapter who behaves with disrespect toward his superior commissioned officer shall be punished as a court-martial may direct.”
Elements.
(1) That the accused did or omitted certain acts or used certain language to or concerning a certain commissioned officer;
(2) That such behavior or language was directed toward that officer;
(3) That the officer toward whom the acts, omissions, or words were directed was the superior commissioned officer of the accused;
(4) That the accused then knew that the commissioned officer toward whom the acts, omissions, or words were directed was the accused’s superior commissioned officer; and
(5) That, under the circumstances, the behavior or language was disrespectful to that commissioned officer.
Explanation.
(1) Superior commissioned officer.
(a) Accused and victim in same armed force. If the accused and the victim are in the same armed force, the victim is a “superior commissioned officer” of the accused when either superior in rank or command to the accused; however, the victim is not a “superior commissioned officer”of the accused if the victim is inferior in command, even though superior in rank.
(b) Accused and victim in different armed forces. If the accused and the victim are in different armed forces, the victim is a “superior commissioned officer” of the accused when the victim is a commissioned officer and superior in the chain of command over the accused or when the victim, not a medical officer or a chaplain, is senior in grade to the accused and both are detained by a hostile entity so that recourse to the normal chain of command is prevented. The victim is not a “superior commissioned officer” of the accused merely because the victim is superior in grade to the accused.
(c) Execution of office. It is not necessary that the “superior commissioned officer” be in the execution of office at the time of the disrespectful behavior.
(2) Knowledge. If the accused did not know that the person against whom the acts or words were directed was the accused’s superior commissioned officer, the accused may not be convicted of a violation of this article. Knowledge may be proved by circumstantial evidence.
(3) Disrespect. Disrespectful behavior is that which detracts from the respect due the authority and person of a superior commissioned officer. It may consist of acts or language, however expressed, and it is immaterial whether they refer to the superior as an officer or as a private individual. Disrespet by words may be conveyed by abusive epithets or other contemptuous or denunciatory language. Truth is no defense. Disrespect by acts includes neglecting the customary salute, or showing a marked disdain, indifference, insolence, impertinence, undue familiarity, or other rudeness in the presence of
Unquote.
and Please, I didn't vote for Obama, I'm not a liberal, and I am a vet so don't lay any of that on me....Yesterday is history, tomorrow is a mystery, Live for Today!
Carroll Shelby
Learning must be difficult for those who already know it all!!!!
-
Advertising
- Google Adsense
- REGISTERED USERS DO NOT SEE THIS AD
-
06-26-2010 12:13 AM #47
Listen Guys I didn't start this thread for all of us to fight.
This was just to see where everyone stood.
So please remember we are all friends on here.
I know we all want what is best for our soldiers and our country.
Thanks Kurt
-
06-26-2010 12:36 AM #48
Donate Blood,Plasma,Platelets & sign your DONORS CARD & SAVE a LIFE
Two possibilities exist:
Either we are alone in the Universe or we are not.
Both are equally terrifying.
Arthur C. Clarke
-
06-26-2010 12:53 AM #49
And I thought I was the only one with nothing to do on a friday night.
HE! HE! HE! Kurt
A man was watching his wife as she prepared to fry sausages in a pan. He noticed that before placing the sausages in the pan, she always cut off both ends, threw them away, and cooked only the middle...
the Official CHR joke page duel