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Thread: Commander clemency

  1. #11
    Member TVANSCOT's Avatar
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    Re: Commander clemency

    I don't know, perhaps there is a perception of the good ol boys club protecting one another and overriding justice?

  2. #12
    Senior Member E4RUMOR's Avatar
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    Quote Originally Posted by monarch93 View Post
    I agree with you whole-heartedly. It's not only overseas where those decisions are made. When service members commit crimes off post, there is dual jurisdiction (UCMJ and civilian) and many times the military cedes jurisdiction to the civilians. Years ago when we were in Kansas I supervised a Soldier who was arrested for possession of cocaine off base. The military let the state prosecute him and once he was convicted, the military initiated administrative action to reduce him in grade for the conviction. He went from SFC (E7) to PV1 (E1) and then because he had his 20 years he was retired. Ouch!

    Another high profile incident was the MSG from Fort Bragg who was arrested for killing an Air Force wife and two children in Fayetteville. The Army let North Carolina try him (more than once) and he was eventually acquitted, served his years, retired and once they got DNA evidence the military recalled him to active duty and convicted him. In that case I think that the military should not have been permitted to do it because they ceded jurisdiction to the state. Giving up jurisdiction was the Army's choice.
    The Master Sergeant was receiving benefits from the Army while in retirement. Retirees are subject to the Uniform Code Of Military Justice. The Army had every right to recall him to active duty, and prosecute.
    [B]SSgt Mike / USMC[/B]

    "Your mission in life, should you choose to accept it or not, in which this case you don't have a choice..." -SSgt Mike.

    "Don't give fools a foolish answer, or you will be just like them. But answer fools as they should be answered, or they will think they are really wise." Proverbs 26:4-5.

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