Articles Posted in Up Periscope

Army Times reports.The Army says a soldier who returned to a hero’s welcome in Wisconsin misrepresented his rank, badges and the origin of his injuries.

FayObserver reports:

The 11th juror was provisionally seated in the court-martial of Army Master Sgt. Timothy B. Hennis on Wednesday.

Points of interest to military justice from the current General Counsel to the Department of Defense:’

Development of the rules of practice and procedure for Military Commissions.  The Department regularly consults with and takes input from defense counsel involved in the Commissions and GitMo related matters.

This would be a better practice, and IMHO shows the DOD Joint Service Committee on Military Justice how it ought to be done. 

Chief Judge Effron opens with introductory remarks.  In particular he solicited input on future conference topics and speakers.  As many know there has been criticism over the last few years about the focus of the conference.  Here is an opportunity to contribute to next years conference.

All are encouraged to submit recommendations to Ms. Barbara Burley, CAAF, at:

Barbara.Burley@armfor.uscourts.gov

  • Stars & Stripes reports.

The Army recently asked 45 of its soldiers in the highest enlisted rank to retire for substandard performance, past criminal convictions, problems with alcohol, fraternization or sexual harassment in their recent pasts.

Of the 45 sergeants major whose records were flagged under the newly reinstituted Qualitative Management Program, 28 complied, putting in their retirement paperwork and quietly fading away.

But 15 fought it, arguing that they were valuable Army assets despite any previous incidents. A panel of their peers usually agreed: 12 of the 15 were allowed to remain on active duty. The remaining three were forced to retire, however.

I was over that the Navy Discharge Review Board the other day.  Their workload has increased significantly with the bad economy.  They were up from 1400 to 2700 petitioners in 2009 over the prior year.  It’s the economy, and it’s stupid to waive an administrative separation board if you are being processed for an OTH, unless of course it is a conditional waiver for a general discharge.

A frequent paragraph in DRB denials goes something along these lines:

‘The Board finds that you waived your right to appear before an administrative discharge board.  This waiver of your rights at the time is viewed as a matter in aggravation against you in deciding your request for an upgrade.’

The Miami Herald reports that:

A South Carolina congressman said Friday that five Muslim soldiers at Fort Jackson, S.C., had been removed from active duty, and four of them discharged from the Army, in connection with an ongoing probe into alleged threats to poison food at the large South Carolina base.

Pilot Online reports:

Five sailors could offer testimony contradicting the government’s main witness in the controversial prosecution of three Navy SEALs accused of mistreating a suspected Iraqi terrorist.

But whether they’ll take the stand is in question after the government denied their requests for immunity on Friday.

Both Hutchinson and her civilian attorney, Rai Sue Sussman, are happy with the results. In a press release from Sussman’s office, Hutchinson said that she is "excited to know what will happen to me, and that I am not facing jail.

“Alexis is pleased because she now will have closure and knows what is going to happen to her," Sussman told Truthout. "She is no longer waiting to possibly go to trial and jail, all the while trying to figure out what to do with her child. She feels she was treated unfairly overall, but is relieved with this outcome."

Jeff Paterson, the director of the soldier advocacy group Courage to Resist, which has assisted Hutchinson, felt that the administrative discharge was a victory all around.

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