slavegirljoy
Posts: 1207
Joined: 11/6/2006 From: North Carolina, USA Status: offline
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Sir, with all due respect, this former soldier (1974-1987), wonders where you are getting your information about the Uniformed Code of Military Justice (UCMJ), that you referenced here, other than from a Hollywood movie. Having served honorably for nearly 12 years, i am here to tell you that nowhere in the statutes of military justice or in any contract or oath taken by any military member does it require, nor could it require members of the Armed Services to give up our Freedom of Speech, a right granted to all citizens, including military members and protected by the articles of our Constitution. Yes, Sir, military men and women have the right to speak freely, so long as it is not disrespectful or contemptuous toward a superior officer, which is required for maintaining order and discipline. "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.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 the superior officer." A military member can participate in political activities, including giving political speeches, while off duty and while in civilian clothes, not in uniform and not as an "official representative" of the military, but as a private citizen. That is a right that belongs to all citizens, including the military, and can not be taken away. The military is made of a cross-section of our society and every political ideology that is found in our society is found in the military and private conversations among military members and with others will reflect a braod range of opinions about every topic, without censure or fear of punishment for speaking freely. Most soldiers are most concerned with getting the mission done as well as they can and with the fewest casualties as possible than they are with what's going on in the circus of politics. Here is a list of punitive actions covered under the UCMJ (notably missing from this list is the crime of speaking freely, because it's not a crime) Article 77 -Principals Article 78 -Accessory after the fact Article 79 -Conviction of lesser included offenses Article 80 -Attempts Article 81 -Conspiracy Article 82 -Solicitation Article 83 -Fraudulent enlistment, appointment, or separation Article 84 -Effecting unlawful enlistment, appointment, or separation Article 85 -Desertion Article 86 - Absence without leave (AWOL) Article 87 - Missing movement Article 88 - Contempt toward officials Article 89 - Disrespect toward a superior commissioned officer Article 90 - Assaulting or willfully disobeying superior commissioned officer Article 91 - Insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer Article 92 -Failure to obey order or regulation Article 93 - Cruelty and maltreatment Article 94 --Mutiny and sedition Article 95 --Resistance, flight, breach of arrest, and escape Article 96 --Releasing prisoner without proper authority Article 97 --Unlawful detention Article 98 --Noncompliance with procedural rules Article 99 --Misbehavior before the enemy Article 100 --Subordinate compelling surrender Article 101 --Improper use of countersign Article 102 --Forcing a safeguard Article 103 --Captured or abandoned property Article 104 --Aiding the enemy Article 105 --Misconduct as a prisoner Article 106 --Spies Article 106a --Espionage Article 107 --False official statements Article 108 --Military property of the United States--sale, loss, damage, destruction, or wrongful disposition Article 109 --Property other than military property of the United States--waste, spoilage, or destruction Article 110 --Improper hazarding of vessel Article 111 -Drunken or reckless operation of vehicle, aircraft, or vessel Article 112 --Drunk on duty Article 112a --Wrongful use, possession, etc., of controlled substances Article 113 --Misbehavior of sentinel or lookout Article 114 --Dueling Article 115 --Malingering Article 116 --Riot or breach of peace Article 117 --Provoking speeches or gestures Article 118 --Murder Article 119 --Manslaughter Article 120 --Rape and carnal knowledge Article 121 --Larceny and wrongful appropriation Article 122 --Robbery Article 123 --Forgery Article 123a --Making, drawing, or uttering check, draft, or order without sufficient fundsArticle 124 --Maiming Article 125 --Sodomy Article 126 --Arson Article 127 --Extortion Article 128 --Assault Article 129 --Burglary Article 130 --Housebreaking Article 131 --Perjury Article 132 --Frauds against the United States Article 133 --Conduct unbecoming an officer and gentleman Article 134 --General article Article 134-1-- Abusing public animal Article 134-2--Adultery Article 134-3--Assault--indecent Article 134-4--Assault--with intent to commit murder, voluntary manslaughter, rape, robbery, sodomy, arson, burglary, or housebreaking Article 134-5--Bigamy Article 134-6--Bribery and graft Article 134-7--Burning with intent to defraud Article 134-8--Check, worthless, making and uttering--by dishonorably failing to maintain funds Article 134-9--Cohabitation, wrongful Article 134-10--Correctional custody--offenses against Article 134-11--Debt, dishonorably failing to pay Article 134-12--Disloyal statements Article 134-13--Disorderly conduct, drunkenness Article 134-14--Drinking liquor with prisoner Article 134-15--Drunk prisoner Article 134-16--Drunkenness--incapacitation for performance of duties through prior wrongful indulgence in intoxicating liquor or any drug Article 134-17--False or unauthorized pass offenses Article 134-18--False pretenses, obtaining services under Article 134-19--False swearing Article 134-20--Firearm, discharging--through negligence Article 134-21--Firearm, discharging--willfully, under such circumstances as to endanger human life Article 134-22--Fleeing scene of accident Article 134-23--Fraternization Article 134-24--Gambling with subordinate Article 134-25--Homicide, negligent Article 134-1--Impersonating a commissioned, warrant, noncommissioned, or petty officer, or an agent or official Article 134-26--Indecent acts or liberties with a child Article 134-27--Indecent exposure Article 134-28--Indecent language Article 134-29--Indecent acts with another Article 134-30--Jumping from vessel into the water Article 134-31--Kidnapping Article 134-32--Mail: taking, opening, secreting, destroying, or stealing Article 134-33--Mails: depositing or causing to be deposited obscene matters in Article 134-34--Misprision of serious offense Article 134-35--Obstructing justice Article 134-36--Wrongful interference with an adverse administrative proceeding Article 134-37--Pandering and prostitution Article 134-38--Parole, Violation of Article 134-39--Perjury: subornation of Article 134-40--Public record: altering, concealing, removing, mutilating, obliterating, or destroying Article 134-41--Quarantine: medical, breaking Article 134-42--Reckless Endangerment Article 134-43--Requesting commission of an offense Article 134-44--Restriction, breaking Article 134-45--Seizure: destruction, removal, or disposal of property to prevent Article 134-46--Self-injury without intent to avoid service Article 134-47--Sentinel or lookout: offenses against or by Article 134-48--Soliciting another to commit an offense Article 134-49--Stolen property: knowingly receiving, buying, concealing Article 134-50--Straggling Article 134-51--Testify: wrongful refusal Article 134-52--Threat or hoax: bomb Article 134-53--Threat, communicating Article 134-54--Unlawful entry Article 134-55--Weapon: concealed, carrying Article 134-56--Wearing unauthorized insignia, decoration, badge, ribbon, device, or lapel button Respectfully, slave joy Owned property of Master David quote:
ORIGINAL: Sinergy quote:
ORIGINAL: caitlyn This report matches some of what the person I know that is actually over there, has to say. As Anthony Swofford pointed out in Jarhead, a soldier on active duty has signed a contract and is not at liberty to speak freely. It is pointed out to said soldier that failure to speak the line provided to them by their military commanders is technically an act of treason. This is a crime under the UCMJ that is punishable by death. Go ahead and believe what an embedded reporter and an active duty soldier say about the war. Sinergy
< Message edited by slavegirljoy -- 3/23/2007 11:05:32 PM >
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Don't ask yourself what the world needs; ask yourself what makes you come alive. And then go and do that. Because what the world needs is people who have come alive. ~Dr. Howard Thurman
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