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        <title><![CDATA[academy - Philip D. Cave]]></title>
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        <link>https://www.court-martial.com/blog/tags/academy/</link>
        <description><![CDATA[Philip D. Cave's Website]]></description>
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            <item>
                <title><![CDATA[Up periscope WE 270310]]></title>
                <link>https://www.court-martial.com/blog/up-periscope-we-270310/</link>
                <guid isPermaLink="true">https://www.court-martial.com/blog/up-periscope-we-270310/</guid>
                <dc:creator><![CDATA[Philip D. Cave]]></dc:creator>
                <pubDate>Sun, 28 Mar 2010 05:51:07 GMT</pubDate>
                
                    <category><![CDATA[Up Periscope]]></category>
                
                
                    <category><![CDATA[academy]]></category>
                
                    <category><![CDATA[court-martial]]></category>
                
                    <category><![CDATA[hennis]]></category>
                
                    <category><![CDATA[UCMJ]]></category>
                
                    <category><![CDATA[Wuterich]]></category>
                
                
                
                <description><![CDATA[<p>Sentencing Law & Policy reports: This remarkable local story out of Montana, which is headlined “Man blames PTSD for child pornography downloads,” reports on another notable sentence break given to a notable child porn offense. Here are the details, which spotlight many of the hottest issues in current federal sentencing debates: An Iraq war veteran&hellip;</p>
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                <content:encoded><![CDATA[

<p><a href="https://sentencing.typepad.com/sentencing_law_and_policy/2010/03/another-vet-claiming-ptsd-contributed-to-child-porn-downloading-gets-big-sentencing-break.html" rel="noopener noreferrer" target="_blank">Sentencing Law & Policy</a> reports:</p>


<blockquote class="wp-block-quote is-layout-flow wp-block-quote-is-layout-flow">
<p> 
This remarkable local story out of Montana, which is headlined “Man blames PTSD for child pornography downloads,” reports on another notable sentence break given to a notable child porn offense.  Here are the details, which spotlight many of the hottest issues in current federal sentencing debates: 

 </p>
</blockquote>


<blockquote class="wp-block-quote is-layout-flow wp-block-quote-is-layout-flow">
<p> 
An Iraq war veteran in Helena, who claimed that post-traumatic stress disorder contributed to his viewing child pornography, was sentenced Tuesday to two years in federal prison, to be followed by 10 years of supervised probation.

 </p>
</blockquote>


<p>And here’s another one reported by Army Times.</p>


<blockquote class="wp-block-quote is-layout-flow wp-block-quote-is-layout-flow">
<p> 
A former Army Ranger who says he robbed two pharmacies looking for painkillers to cope with post-traumatic stress disorder will avoid any additional time behind bars.

 </p>
</blockquote>


<p>Gazette.com reports that:</p>


<blockquote class="wp-block-quote is-layout-flow wp-block-quote-is-layout-flow">
<p> 
A nursing supervisor at the Air Force Academy’s cadet clinic is set to face court martial in June on allegations that she kept a dose of a narcotic painkiller for her own use.

 </p>
</blockquote>


<p>Capital Flyer reports that:</p>


<blockquote class="wp-block-quote is-layout-flow wp-block-quote-is-layout-flow">
<p> 
Last week, a serious message was sent to all Airmen at Andrews that illegal drug use in the Air Force is simply not tolerated and will be punished.

 </p>
</blockquote>


<p>Deseret News reports that”:</p>


<blockquote class="wp-block-quote is-layout-flow wp-block-quote-is-layout-flow">
<p> 
Seven Hill Air Force Base airmen have been discharged for the use of spice, an incense that has effects similar to marijuana. Eleven other cases of spice use are being processed at the base.

 </p>
</blockquote>


<p>Army Times reports that:</p>


<blockquote class="wp-block-quote is-layout-flow wp-block-quote-is-layout-flow">
<p> 
A soldier from Fort Hood, Texas, who refused deployment to Afghanistan has been released from the stockade at this base near Tacoma.

 
After a two-day court martial last August, Sgt. David Travis Bishop was found guilty of four counts, including going absent without leave and disobeying a lawful order.

 
He was sentenced to a year’s confinement and told he would receive a bad-conduct discharge from the Army.

 </p>
</blockquote>


<p>Washington Post has a an article, “A look at Marines who were charged in three high-profile cases involving killings of Iraqis[.]”</p>


<p>A number of outlets are reporting the changes in the enforcement of don’t ask, don’t tell.  Here is the <a href="http://www.washingtonpost.com/wp-dyn/content/article/2010/03/25/AR2010032500818.html?wprss=rss_print/asection&noredirect=on" rel="noopener noreferrer" target="_blank">Washington Post</a>.</p>


<blockquote class="wp-block-quote is-layout-flow wp-block-quote-is-layout-flow">
<p> 
Defense Secretary Robert M. Gates said the military will restrict the kind of evidence that can be used against gay service members. For example, investigators will generally ignore anonymous complaints and make those who file them give statements under oath. In addition, only high-ranking officers — the equivalent of a one-star general or admiral — will have the authority to open inquiries or to decide whether a discharge is warranted.

 </p>
</blockquote>


<p>Is there anyone who doesn’t know that Wuterich continues to trial, MJ David Jones denied the defense motion to dismiss for UCI.</p>


<p>Edwards AFB PAO reports:</p>


<blockquote class="wp-block-quote is-layout-flow wp-block-quote-is-layout-flow">
<p> 
An Airman from the 95th Security Forces Squadron was sentenced to a bad conduct discharge and 30 days confinement during a special court martial here March 11.and the mission because other members must perform the duties of the absentee.

 
During his time here, he received a letter of counseling, a letter of reprimand, and two Article 15 actions. It was while serving out the punishment for his second non-judicial punishment that he left his unit.

 
Airman Lopez began his Air Force career at the United States Air Force Academy in 2004.  at the end of his third year as a cadet, In the spring of 2007 Airman Lopez voluntarily resigned while on academic probation and under an investigation for cheating.

 </p>
</blockquote>


<p>Navy Times reports:</p>


<blockquote class="wp-block-quote is-layout-flow wp-block-quote-is-layout-flow">
<p> 
The commanding officer of a Pearl Harbor-based attack submarine was fired Monday after he was found guilty of “drunkenness” and “conduct unbecoming an officer,” in nonjudicial punishment, a spokesman said Tuesday.

 
It was the seventh CO firing of 2010.

 </p>
</blockquote>


<p>(emphasis added), see e.g. the case of the former CO, USS COWPENS.  </p>


<p>Stars & Stripes reports:</p>


<blockquote class="wp-block-quote is-layout-flow wp-block-quote-is-layout-flow">
<p> 
A Navy Humvee crashed into the back of a Japanese family’s car and left the scene Tuesday night, slightly injuring two children, according to Okinawa police. The sailor was later arrested by military police.

 
The incident received broad coverage in local media Wednesday, coming at a time when the U.S. military and Japan have locked horns on basing issues on Okinawa.

</p>
</blockquote>


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            <item>
                <title><![CDATA[Military, drugs, and sports – lots of tolerance]]></title>
                <link>https://www.court-martial.com/blog/military-drugs-and-sports-lots-of-tolerance/</link>
                <guid isPermaLink="true">https://www.court-martial.com/blog/military-drugs-and-sports-lots-of-tolerance/</guid>
                <dc:creator><![CDATA[Philip D. Cave]]></dc:creator>
                <pubDate>Thu, 28 Jan 2010 14:45:56 GMT</pubDate>
                
                    <category><![CDATA[Up Periscope]]></category>
                
                
                    <category><![CDATA[academy]]></category>
                
                    <category><![CDATA[court-martial]]></category>
                
                    <category><![CDATA[drugs]]></category>
                
                    <category><![CDATA[naval academy]]></category>
                
                    <category><![CDATA[sports]]></category>
                
                    <category><![CDATA[UCMJ]]></category>
                
                    <category><![CDATA[zero tolerance]]></category>
                
                
                
                <description><![CDATA[<p>I have often wondered about how sports players get breaks regular people don’t. This applies within the military just as much as in the civilian community. Hypocrisy rains in the name of sports. A Naval Academy football player is being permitted to continue as a midshipman even after testing positive for drug use, according to&hellip;</p>
]]></description>
                <content:encoded><![CDATA[

<p>I have often wondered about how sports players get breaks regular people don’t.  This applies within the military just as much as in the civilian community.  Hypocrisy rains in the name of sports.</p>


<blockquote class="wp-block-quote is-layout-flow wp-block-quote-is-layout-flow">
<p> 
A Naval Academy football player is being permitted to continue as a midshipman even after testing positive for drug use, according to multiple sources and Web sites that have sprung up to criticize the decision.

 </p>
</blockquote>


<p>Every day throughout the services young enlisted men and women are being disciplined, including court-martial, for drugs.  Their lives are stained forever (this assumes a continuing of the low chance of success for a discharge upgrade).  These un-athletic people are subject to:</p>


<blockquote class="wp-block-quote is-layout-flow wp-block-quote-is-layout-flow">
<p> 
“The Navy and Naval Academy have a ‘zero tolerance policy’ in regards to drug use, which means that any service member who is suspected of drug use will be administratively processed for separation,” Carpenter said. “This does not mean that there is a policy of mandatory separation — only that the service member be processed for separation.

 </p>
</blockquote>


<p>Marine Corps Times reports.</p>


<p>Right, and the chances that the person won’t be separated are . . . ?</p>


<blockquote class="wp-block-quote is-layout-flow wp-block-quote-is-layout-flow">
<p> 
It was the latest example of what critics have said is a culture of special privilege at the Naval Academy for its star athletes, who are said to escape punishment for the same transgressions that get their classmates ejected.

 </p>
</blockquote>


<p>Count me in on this one.  I respectfully request that all my clients now and future receive equal treatment.</p>


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