• (1) That the accused knowingly made sexual advances, demands or requests for sexual favors, or knowingly engaged in other conduct of a sexual nature;
• (2) That such conduct was unwelcome;
• (3) That, under the circumstances, such conduct:
  • (a) Would cause a reasonable person to believe, and a certain person did believe, that submission to such conduct would be made, either explicitly or implicitly, a term or condition of a person’s job, pay, career, benefits, or entitlements;
  • (b) Would cause a reasonable person to believe, and a certain person did believe, that submission to, or rejection of, such conduct would be used as a basis for decisions affecting that person’s job, pay, career, benefits, or entitlements; or
  • (c) Was so severe, repetitive, or pervasive that a reasonable person would perceive, and a certain person did perceive, an intimidating, hostile, or offensive working environment; and
• (4) That, under the circumstances, the conduct of the accused was either:
  • (i) to the prejudice of good order and discipline in the armed forces;
  • (ii) of a nature to bring discredit upon the armed forces; or
  • (iii) to the prejudice of good order and discipline in the armed forces and of a nature to bring discredit upon the armed forces.

Well, a press release from Congresswoman Jackie Speier tells us some change may be on the way.

Today, Congresswoman Jackie Speier (D-CA), Chair of the Armed Services Subcommittee on Military Personnel and Co-Chair of the Democratic Women’s Caucus, and Congressman Markwayne Mullin (R-OK), were joined by Representatives Veronica Escobar (D-TX), Troy Balderson (R-OH), Sylvia Garica (D-TX), Tony Gonzales (R-TX), and Anthony Brown (D-MD), in introducing the Sexual Harassment Independent Investigations and Prosecutions (SHIIP) Act to remove sexual harassment from the military chain of command. Senator Mazie Hirono (D-HI), Chair of the Senate Armed Services Subcommittee on Seapower, is introducing her companion legislation today as well, which marks the two-year anniversary of the murder of Army SPC Vanessa Guillén. . . . Specifically, the SHIIP Act extends protections against sexual harassment that Chair Speier secured in the FY22 NDAA, but were stripped out in conference. [T]he bill would:

• Move prosecutorial decisions for sexual harassment from commanders to the new special trial counsel, created by the FY22 NDAA, so that independent military attorneys decide which sex-related offenses go to court-martial, and
• Require that the new, independent sexual harassment investigators created by the FY22 NDAA are outside of the chain of command of the victim and the subject and are trained in investigating sexual harassment.

Here is a link to the SHIP Act.

The LA Times has this piece about the increasing politicalization of the military (something I somewhat tongue in cheek commented was behind LTC Lakin’s contumacy):

Army Gen. Stanley A. McChrystal’s criticism of Obama administration officials symbolizes an accelerated partisanship of the officer corps.

Here is a link to the article.

Here is a link to a 1999, Army Lawyer article which discusses prior cases of Article 88, UCMJ, issues (does McCarthur ring a bell). See, LTC Michael J. Davidson, Contemptuous Speech Against the President, Army Lawyer, July 1999.

These issues were debated to some extent during the presidential campaigns.

Article 88, UCMJ, 10 U. S. Code 888, Any commissioned officer who uses contemptuous words against the President, the Vice President, Congress, the Secretary of Defense, the Secretary of a military department, the Secretary of Transportation, or the Governor or legislature of any State, Territory, Commonwealth, or possession in which he is on duty or present shall be punished as a court-martial may direct.

At what point do public comments of senior officers remain purely disciplinary in the same manner as the enlisted soldier who gets prosecuted, disciplined, or chucked out, rather than having the luxury of resignation or other symbolic gestures.

Smile, you’re on security cameras. Despite the field overhead of video surveillance at the exchanges aboard Camp Lejeune and Marine Corps Air Station New River, N.C., Marines are betting the odds they won’t get caught stealing. The number of active-duty Marines at those installations who were busted for shoplifting in 2009 is up 59 percent from the year prior, prompting Marine Corps Community Services officials to remind its uniformed clientele that paying for a can of chew will be easier on their wallet and their career.

The Marine Times reports.

I blogged a while back about shoplifting. The point came up with a piece from an Alaska newspaper. Did Iraq veteran’s PTSD spark his shoplifitng charge? By Julia O’Malley | Anchorage Daily News.

“US: SOLDIERS FORCED TO GO AWOL FOR PTSD CARE.” Inter Press Service English News Wire. 2009. HighBeam Research. (December 23, 2009). http://www.highbeam.com/doc/1P1-174196126.html

With a military health care system over-stretched by two ongoing wars in Afghanistan and Iraq, more soldiers are deciding to go absent without leave (AWOL) in order to find treatment for post-traumatic stress disorder (PTSD).

“EGLIN HANDS OUT 18 ARTICLES 15.” US Fed News Service, Including US State News. 2009. HighBeam Research. (December 23, 2009). http://www.highbeam.com/doc/1P3-1919598561.html

The U.S. Air Force Research Laboratory Munitions Directorate issued the following press release: In the months of September – November, there were 18 Articles 15 offered here on base.

A Maryland Soldier is in Army custody and classified as a deserter — unfairly, relatives say — after he extended a two-week midtour leave to take care of his sick wife and their new baby. U.S. Rep. Roscoe Bartlett has lobbied the secretary of the Army to investigate whether the Army mistreated 20-year-old Pfc. Christopher Pfeiffer of Westminster. Fort Detrick officials have also worked to remedy his situation. Despite their efforts, Pfeiffer spent seven weeks, from Sept. 14 to Nov. 3, at a Kuwait airport, unable to get a military flight to Afghanistan and lacking the necessities of life. Since Nov. 3, he has been kept in an office at the Bagram airport, still hoping to rejoin his unit.

No information on disciplinary action if any such as court-martial or Article 15.