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US Military Clarifies Religious Freedom Policy. Again.

May 10th, 2013 1 comment

For the third time in a week, the US military released a statement attempting to articulate the DoD’s policy on religious freedom. In response to multiple media questions, LtCmdr Nathan Christensen issued the following statement [emphasis added]:

There is no DOD wide policy that directly addresses religious proselytizing. Furthermore, there is no effort within the department to make religious proselytizing a specific offense within the UCMJ, including under Article 134.

Service members may exercise their rights under the 1st Amendment regarding the free exercise of religion unless doing so adversely affects good order, discipline, or some other aspect of the military mission; even then, the Department seeks a reasonable religious accommodation for the service member. In general, service members may share their faith with other service members, but may not forcibly attempt to convert others of any faith or no faith to their own beliefs.

Concerns about these issues are handled on a case by case basis by the leaders of the unit involved.

In other words, the prior statement that did try to “directly address religious proselytizing” is…retracted?

The statement essentially reverts the DoD from the “new” (first, “uncomfortable,” then evangelism vs proselytizing) back to the “old” more Read more…

DoD says Purple Hearts would Prejudice Hasan Trial

April 12th, 2013 No comments

The Department of Defense has told Congress that their bills aimed at granting combat wounded status — Purple Hearts — to the victims of the Fort Hood massacre would prejudice his court-martial:

Passage of this legislation could directly and indirectly influence potential court-martial panel members, witnesses, or the chain of command, all of whom exercise a critical role under the [UCMJ].  Defense counsel will argue that Major Hasan cannot receive a fair trial because a branch of government has indirectly declared that Major Hasan is a terrorist — that he is criminally culpable.

This must be one of the awkward results of the “fairness” of the American judicial system.  Everyone “knows” he did it.  Hasan has even tried to plead guilty, and would Read more…

Important Military Tip: Marijuana Still Illegal

November 27th, 2012 Comments off

The US Air Force made a point of issuing a press release reminding servicemembers that using marijuana is still illegal for them — even if the state in which they live just legalized it.

The state of Colorado voted to legalize marijuana Nov. 6, but its use is still against federal law and the Uniform Code of Military Justice, even for service members stationed in or visiting the state.
 
“(Colorado’s) Amendment 64 does not change the UCMJ… Read more…

Weinstein on Accused Fort Hood Shooter Will Shave, or Be Shaved

September 7th, 2012 Comments off

Col Gregory Gross, the judge presiding over the murder trial of US Army Major Nidal Malik Hasan for the Fort Hood massacre, followed through on his threat and issued an order that Hasan must shave — or he will be shaved.

Gross…issued his order Thursday after a hearing to determine whether a federal religious freedom law applied to Hasan’s case.  Soldiers may be granted permission to grow beards for religious reasons, and six soldiers have been allowed to do so: a rabbi, two Muslim doctors and three Sikhs, according to Army records.

Hasan said he is violating regulations not out of disrespect, but of religious requirement:

Hasan told the judge last week that he grew a beard because his Muslim faith requires it, not as a show of disrespect. Gross ruled Thursday that the defense didn’t prove Hasan is growing a beard for sincere religious reasons.

While the whole concept might sound a bit odd to outsiders, forced Read more…

Kitten Killer Gets Jail, but Military Files No Charges in Child’s Death

July 30th, 2012 Comments off

A former US Marine accused of wringing a kitten’s neck received 30 days in jail from a civil circuit judge:

Circuit Judge Thomas Forehand…found Angelo Michael Stango, 27, guilty Friday of misdemeanor animal cruelty and sentenced him to a year with 11 months suspended.

Violence against the cute and cuddly is punishable (though, oddly enough, there was apparently no body to prove the cat was actually dead).  There will certainly be some who claim the former Marine Sergeant should have received a harsher punishment.

As an interesting comparison, the US military has apparently chosen not to charge US Army Major Nidal Malik Hasan with killing the unborn child of one of his (alleged) victims, US Army Pvt Francheska Velez.  Stango’s kitten killing was tried in civil court – notably, there is no UCMJ article specifically addressing animal cruelty.

There is a UCMJ article specifically addressing killing an unborn child:  Read more…

Accused WikiLeaker Trial Scheduled for September

May 1st, 2012 Comments off

US Army PFC Bradley Manning has been scheduled to go on trial this fall to face charges he was responsible for the unauthorized release of hundreds of thousands of classified documents.

The judge recently  Read more…

Coast Guard Helo Crash Survivor Gets Career Ending Eval

April 30th, 2012 Comments off

Lt Lance Leone, a Coast Guard helicopter pilot who was the sole survivor of a crash and then endured an attempt to charge him with homicide, has reportedly received a career-ending performance evaluation.

The Coast Guard commander for Alaska is recommending Read more…

Congressman Calls on Military to Keep Facebook Marine

April 4th, 2012 Comments off

US Rep Duncan Hunter, R-CA, has called on Col Christopher Dowling to end the administrative discharge proceedings against Marine Sgt Gary Stein.  Dowling had recommended Stein be administratively separated after he allegedly violated the UCMJ in his activities on Facebook.

Hunter, a Marine reservist and combat veteran, sent a letter to Col. Christopher Dowling on Tuesday urging the Corps to withdraw the discharge proceedings against Stein.

The board was supposed to meet last Saturday but was rescheduled to later this week.

Rep Hunter Defends Marine Facing Discharge over Facebook

March 30th, 2012 1 comment

US Representative Duncan Hunter (R-CA), himself a Reserve Marine, has come to the defense of SGT Gary Stein, a Marine who faces an administrative discharge for comments he posted online.

Sgt Stein reportedly posted comments saying he would not obey the orders of the President, and he later clarified his statement to say he would not obey unlawful orders from the President.

This Saturday Stein faces a panel that will determine if he should be administratively separated from the Marines:  Read more…

Ruling: Helo Homicide Charges should be Dropped

January 9th, 2012 Comments off

Capt. Andrew Norris, the officer overseeing the hearings on the homicide charges against Coast Guard Lt Lance Leone, has recommended the charges be dropped.

In short, since the helicopter was being piloted by Lt. Sean Krueger, who was killed in the crash, Norris said there was no way to know what his reaction would have been to any inputs by Leone.  Leone’s failure or inability to influence the pilot to avoid the crash Read more…

Helo Pilot Faces Homicide Charges for Flying Too Low

December 28th, 2011 Comments off

The US Coast Guard pilot charged with negligent homicide for the 2010 crash of his helicopter has faced his Article 32 hearing.  Lt. Lance Leone was the sole survivor of the crash, which occurred when the helicopter hit a 1,900-foot unmarked wire span.  The lead investigator said the wires were improperly marked, but even so, the helicopter should never have been that low.

Capt. Timothy Heitsch…said that as an aviator, he did not believe the lines were marked in a way they could have been seen…

The helicopter hit Read more…

CG Helo Pilot Charged with Homicide in Crash

October 27th, 2011 Comments off

In a somewhat unusual turn of events, the co-pilot (and lone survivor) of a 2010 Coast Guard helicopter crash has been charged with two counts of negligent homicide and other UCMJ violations.

[Lt. Lance] Leone was one of two pilots flying the MH-60 Jayhawk, which crashed off La Push. The crash killed all three other passengers on board.

In addition to the negligent homicide charges, Leone faces two counts of dereliction of duty and destruction of government property, Kip Wadlow, a Coast Guard spokesman, said.

The helicopter flew into power lines Read more…

Cadets, Faculty Criticize USAFA General

September 1st, 2010 1 comment

Recently, the Colorado Springs Gazette highlighted the “leaked” results of the USAFA climate survey, which Academy superintendent Lt Gen Michael Gould had clearly said he was not going to release.  As expected (and as the Academy likely expected), much ado was made of numbers indicating cadets had been subject to “unwanted proselytizing” or had been “approached” about their faith.

More disturbing, however, is the internal reaction and external response that seems to be becoming increasingly common:  Read more…

Hasan’s Fort Hood Victims: 13, or 14?

November 30th, 2009 Comments off

The Alliance Defense Fund has been calling on the US military to charge Maj Nadil Malik Hasan with 14 murders, not 13.  

Private Francheska Velez was three months pregnant when Hasan allegedly killed her and her unborn child.  If her child was included, the massacre would have claimed 14 lives.

The ADF accurately notes that the Uniform Code of Military Justice (UCMJ) reflects the Unborn Victims of Violence Act, and specifically cites the death of unborn children Read more…