Who is ready to DELETE Facebook?

BjornF16

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Browning,

I'm sorry to say you are incorrect. A separated member can be subject to UCMJ. I have witnessed it first hand. It was not during "Terminal Leave".

Here is legal summary:


Edit: Actually, a member does get to have some say. A member who is offered an Article 15 can refuse it and demand a Court Martial. I would say that is a choice...
 
Joined
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Browning,

I'm sorry to say you are incorrect. A separated member can be subject to UCMJ. I have witnessed it first hand. It was not during "Terminal Leave".

Here is legal summary:


Edit: Actually, a member does get to have some say. A member who is offered an Article 15 can refuse it and demand a Court Martial. I would say that is a choice...
They don't get a choice if they are being taken to a Courts Martial. That is what you reference in your original post.

Again on the separated part, you can technically do it, but there are extreme circumstances that would have to take place. If you are stationed at a certain base and get caught off duty causing trouble in town and arrested by the local police, then it is up to that local prosecutor to give jurisdiction back over to the military. If they choose not too, then they prosecute on the civilian side and the military is left with discharge and article 15 process if they choose.

I did this for 10 years. I am very familiar and I bet it would be hard for you to find an incident where someone was Article 15/Courts Martialed after separation when there wasn't something extreme and crazy going in involving a military installation or something similar. There is enough trouble to deal with on every base with military personnel that most of your bases/posts won't have the time or man power to try and deal with someone that is separated.


Also, I took this from the article you posted.

Retired Marine Corps Staff Sgt. Steven Larrabee was convicted of sexually assaulting a bartender, the wife of an active-duty Marine, at a bar in Iwakuni, Japan, where he worked as a civilian. He had been retired — technically, placed on the Fleet Marine Corps Reserve status list — for three months.

So he was still living in a foreign country and commited this act upon another active-duty Marines spouse.
 
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5MilesBack

"DADDY"
Joined
Feb 27, 2012
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Quit defending the president's actions.
It's not illegal or even unethical to organize a rally or protest in the United States of America. But there is no evidence that has been presented (even in the impeachment hearing) that the President organized or even encouraged a riot or insurrection. The impeachment documents continue to point to Trump's speech that he made earlier that same day. The House really needs to go back and watch that speech again. You don't impeach a President based on emotions, or a dislike for him, or just because they feel like it. They need evidence for that.

The best part is......even IF the President had incited the crowd to do that, did a bunch of those rally attendees suddenly go out and acquire all that body armor and tactical gear between Trump's supposed incitement and them showing up at the Capitol? I don't think so, they were already wearing it. Why on earth would Trump supporters wear body armor and tactical gear to a "rally"? They wouldn't. But whoever they were, they would wear it if they already had something planned.......just like the FBI's memo outlined days before the rally. That's a lot of evidence that the President's speech that day wasn't the incitement that the Dems are trying to charge him with.
 

BjornF16

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They don't get a choice if they are being taken to a Courts Martial. That is what you reference in your original post.

Again on the separated part, you can technically do it, but there are extreme circumstances that would have to take place. If you are stationed at a certain base and get caught off duty causing trouble in town and arrested by the local police, then it is up to that local prosecutor to give jurisdiction back over to the military. If they choose not too, then they prosecute on the civilian side and the military is left with discharge and article 15 process if they choose.

I did this for 10 years. I am very familiar and I bet it would be hard for you to find an incident where someone was Article 15/Courts Martialed after separation when there wasn't something extreme and crazy going in involving a military installation or something similar. There is enough trouble to deal with on every base with military personnel that most of your bases/posts won't have the time or man power to try and deal with someone that is separated.


Also, I took this from the article you posted.

Retired Marine Corps Staff Sgt. Steven Larrabee was convicted of sexually assaulting a bartender, the wife of an active-duty Marine, at a bar in Iwakuni, Japan, where he worked as a civilian. He had been retired — technically, placed on the Fleet Marine Corps Reserve status list — for three months.

So he was still living in a foreign country and commited this act upon another active-duty Marines spouse.
Good discussion!

I'll agree that most of the time, it is left for civilian court systems. But in the article quoted, Dinger was also convicted in military court for actions after retiring (and not on terminal leave).

In the example I witnessed, there was a fatal aircraft accident. First the SIB, then the AIB (also known as "witch hunt"). At some point during this, the O-5 retired. SIB usually takes 1 month of actual investigating and collating report. Then another 1-2 months of briefing it up the chain for changes/approvals. Then comes the AIB that can result in charges. That is another 3 month cycle. The O-5 was found responsible for some things during AIB after he retired (training record altered, squadron climate). He was recalled from Retirement Reserve, brought back to base, and issued an Article 15.

As I originally stated, it really depends upon your "status". If in any "reserve" status, then technically you are still a member of the military and subject to the UCMJ.

The reasoning, the government argues, is that retirement is simply a change of military status and retired personnel are subject to recall should the need arise.

I'll agree that all cases are situational dependent, and will not be treated the same.
 
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Joined
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Good discussion!

I'll agree that most of the time, it is left for civilian court systems. But in the article quoted, Dinger was also convicted in military court for actions after retiring (and not on terminal leave).

In the example I witnessed, there was a fatal aircraft accident. First the SIB, then the AIB (also known as "witch hunt"). At some point during this, the O-5 retired. SIB usually takes 1 month of actual investigating and collating report. Then another 1-2 months of briefing it up the chain for changes/approvals. Then comes the AIB that can result in charges. That is another 3 month cycle. The O-5 was found responsible for some things during AIB after he retired (training record altered, squadron climate). He was recalled from Retirement Reserve, brought back to base, and issued an Article 15.

As I originally stated, it really depends upon your "status". If in any "reserve" status, then technically you are still a member of the military and subject to the UCMJ.

The reasoning, the government argues, is that retirement is simply a change of military status and retired personnel are subject to recall should the need arise.

I'll agree that all cases are situational dependent, and will be treated the same.
You and I are on the same page. And yes the incident you were in would for sure require pulling him back in.

I was stationed at a pilot training base for 3 years and was involved in an SIB/AIB.

Oh and also, Thank you for your service!!!
 

zacattack

WKR
Joined
Aug 23, 2018
Messages
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Location
Michigan
It's not illegal or even unethical to organize a rally or protest in the United States of America. But there is no evidence that has been presented (even in the impeachment hearing) that the President organized or even encouraged a riot or insurrection. The impeachment documents continue to point to Trump's speech that he made earlier that same day. The House really needs to go back and watch that speech again. You don't impeach a President based on emotions, or a dislike for him, or just because they feel like it. They need evidence for that.

The best part is......even IF the President had incited the crowd to do that, did a bunch of those rally attendees suddenly go out and acquire all that body armor and tactical gear between Trump's supposed incitement and them showing up at the Capitol? I don't think so, they were already wearing it. Why on earth would Trump supporters wear body armor and tactical gear to a "rally"? They wouldn't. But whoever they were, they would wear it if they already had something planned.......just like the FBI's memo outlined days before the rally. That's a lot of evidence that the President's speech that day wasn't the incitement that the Dems are trying to charge him with.
The democrats and a few “republicans” have in effect tarnished the impeachment process. They have wielded it as a tool against the opposition. I doubt it carries the weight forward that it is supposed to have.
 

traviswdalton

Lil-Rokslider
Joined
Jun 20, 2015
Messages
186
He was beaten to death with a fire extinguisher.

I heard he was hit by an unknown metal object during the protest and collapsed at the station hours later. Ultimately passing due to the injury. That’s a far cry from beaten to death with a fire extinguisher. I guess that headline gets more clicks.


Sent from my iPhone using Tapatalk
 

mmw194287

WKR
Joined
Jun 20, 2013
Messages
806
I heard he was hit by an unknown metal object during the protest and collapsed at the station hours later. Ultimately passing due to the injury. That’s a far cry from beaten to death with a fire extinguisher. I guess that headline gets more clicks.


Sent from my iPhone using Tapatalk

You're right. He was hit in the head with a fire extinguisher and died later that day. I stand corrected.
 

BjornF16

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Texas
"...the officer’s father – who says he was beaten and engulfed in pepper spray."


"Officer Sicknick was responding to the riots on Wednesday, January 6, 2021, at the U.S. Capitol and was injured while physically engaging with protesters," police said in a statement. "He returned to his division office and collapsed. He was taken to a local hospital where he succumbed to his injuries. The death of Officer Sicknick will be investigated by the Metropolitan Police Department’s Homicide Branch, the USCP, and our federal partners."



We'll see what the autopsy says. Pepper spray could also have played a role in his unfortunate death later that next evening while being treated in the hospital.
 

Shraggs

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Jan 24, 2014
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Zeeland, MI
NTS

wow.

We all have our prism to interpret life and events.

I strongly defend him (or anyone supporting our constitutional government) even with all his warts and communication style and appall the use of social media in the manner that it has by the very leftists elected officials and soldiers assaulting our constitution and way of life.

Like or dislike Trump, it’s hard for me to envision hypocrisy Or even hint he’s complicit When there is years I’ve recorded video footage of his enemies doing just that
 

bozeman

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Alabama
I am working on dropping FaceBook currently. Getting data/photos off this weekend. Same for Instagram.....Twitter, which I have used twice in my life is already gone....hope to be complete by end of January.
 

AKBC

Lil-Rokslider
Joined
Dec 22, 2014
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223

BjornF16

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I was surprised to not find MeWe listed as it seems to be mentioned frequently as a potential FB alternative. I opened an account this week but very few friends are on there. I am also surprised the developers picked the name "MeWe"; it sounds like a confession that you have pissed yourself.

Can't say I care for the name either...
 

BjornF16

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Texas
Just want to clear the air here a bit.

1. There is nothing wrong with objecting to electoral college results.

In fact, Democrats have done it 3 times in recent history.

See https://www.dailysignal.com/2021/01...-3-times-to-electoral-college-certifications/

2. There is nothing wrong with exercising your 1A right to assemble, peaceably.

I would note that the left doesn't think it has to be peaceably.

See https://www.washingtonexaminer.com/...otests-are-supposed-to-be-polite-and-peaceful

3. Trump did call for a Rally and protest. Nowhere did he call for violence.

"I know that everyone here will soon be marching over to the Capitol building to peacefully and patriotically make your voices heard."

See https://www.lifesitenews.com/news/t...-we-will-never-concede-when-theft-is-involved

I don't really care who, or what credentials, these anti-Trumpers have...the fact is Trump promoted "peacefully" making their voices heard.

He is NOT responsible for what ensued. That is the responsibility of those who acted out, and theirs alone.

Whatever happened to "personal responsibility"?

I am going to also state that I have the utmost respect for McCain and Mattis' military service (and others). But I absolutely despise the political weasels that they were/are. Let's not forget, General and Flag Officers are political animals by the very nature of being at that rank.

(Yes, I know McCain was only a Navy Captain at his retirement).
 
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wyodan

WKR
Joined
Jan 11, 2013
Messages
729
Never had it, never will. The more I learn about social media the more convinced I am that it's becoming a mental health crisis.
100% agree with this. I am in the process of deleting all social media and getting rid of the smartphone. I will miss streaming music and podcasts, but I survived for 35+ years without that stuff before I caved to the smartphone.
 
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