He had been convicted and sentenced to 14 years of confinement.

We raised many issues during his appeal. The Army Court found a serious error by the military judge in denying the defense presenting evidence of other sexual acts of the alleged victim. This issue usually comes up in a Military Rule of Evidence 412 motion. Here, the military judge botched it.

Basically the rule prohibits witnesses or cross-examination about prior sexual behavior of the alleged victim. However, there are exceptions: (1) the evidence shows someone else did it or caused physical injuries. For example, consensual sex–any sexual penetration–can cause physical injury to the vagina, so the alleged victim having had sex with another person the day before the alleged assault could be admissible as an exception; (2) because the conduct is what is called res gestae (all part of the same acts or events); (3) when the Constitution requires it. For example, to present evidence of mistake of fact as to consent, or significant attacks on the credibility of the alleged victim. As military defense lawyers, we have a lot of experience litigating these issues and also have experts who can assist in presenting the case.

The Army court touched on other issues in connection with how the prosecutor and special victim’s counsel conducted the case.

Because the error was so prejudicial, the charges have been dismissed. The next step is whether the prosecution will appeal or whether there will be a new trial.

Retrials are difficult. As military defense counsel, we have done retrials. All the prior discovery, evidence, and witnesses have to be gathered up so that both sides can prepare for trial. Because retrials are difficult, the Army has created a specialized organization at Fort Leavenworth to work on these cases.

Some people were taking the job of soldiering a bit casually on Dec. 6, 1941, says a Washougal veteran of World War II.

It took one day to change everything.

“In the peacetime Army, a lot of guys just took off,” . . . Officially, they were absent without leave — AWOL — Hamley said, but nobody seemed to be too bothered by it.

“One noncommissioned officer had been gone for seven years,” Hamley said. “But during a war, AWOL is desertion.”

When the NCO reported back to Fort Lewis, he was court-martialed and acquitted.

The noncommissioned officer testified in his own defense, and apparently made a quite a compelling argument.

As the defendant explained it, he had been hauled in front of his commanding officer for some infraction or another.

The officer chewed out the soldier. Then, the NCO testified, the officer told him:

“Get your tail out of here. I never want to see you again.”

So apparently this was an “authorized absence.”

At trial the accused blew providency on an AWOL plea. The prosecution decided they wanted to go forward on the desertion. As part of the case the prosecution wanted to use unwarned statements made to the First Sergeant. The military judge said the statements were coerced, etc., and excluded them. The prosecution appealed. Of course the ACCA ruled in favor of the government that being dragged to the First Sergeant’s office, locked up, and asked a bunch of questions, was not an interrogation and any statements were voluntary. Cases cited are United States v. Duga, 10 M.J. 206 (C.M.A. 1981); United States v. Loukas, 29 M.J. 385 (C.M.A. 1990). Basically it is in the mind of the questioner, not the person being questioned.

Here is the noteworthy piece.

While not raised by the parties, there is a final matter which we believe merits comment. That is, having received notice of the government’s intent to appeal, it is patent the military judge was attempting to discourage the government from pursuing that appeal, and that ultimately he would not consider evidence he determined should be suppressed, even if the government prevailed. We are dismayed by the following military judge’s record comments: “I do not expect to get overturned on this issue” and if this case does come, you know, back three or four months from now I will be the military judge in the case . . . that is going to hear the facts in the future including the [first sergeant]’s testimony if they believe the statements should be admissible. But if you want to appeal you are welcome to. Is that your final decision, Government? I just want to make sure. These gratuitous comments certainly call into question at least the perception of the fairness and impartiality of the military judge with regard to the parties, here specifically the government.

At least 11 of the 17 members of the Afghan military who went AWOL from an Air Force base in Texas and are considered deserters by their nation have turned up in the exact place you’d expect to find them in the year 2010. They’re on Facebook. . . . One week later, an Immigration and Customs Enforcement source told FoxNews.com that only two or three of the 17 Afghans remain at large. The source said investigators have been working with Canadian immigration records and now believe that many of the men are in Canada. David Smith, spokesman for Randolph Air Force Base in Texas, told FoxNews.com he was told that four of the men remain unaccounted for. Of the 13 who have been located, he said, six have pending refugee claims in Canada, two have permanent residency in Canada, four are in the process of being deported and one is a conditional resident alien in the U.S.

WSMV.tv reports that:

A man suspected of deserting the Army was accused of abusing a 16-month old. The toddler is on life support.

Edwards AFB reports that:

A technical sergeant assigned to the 95th Security Forces Squadron was convicted by Special Court-Martial June 11. A panel of seven officers found him guilty of committing Adultery and he was sentenced to a reduction in rank to senior airman and 90 days of hard labor without confinement.

Air Force reports that:

Air Force officials issued guidance banning the knowing use and possession of any substance, other than alcohol or tobacco, that is ingested to alter mood or function.

Arguably many items sold at GNC at the Exchange and in the Exchange could qualify?

The islandpacket.com reports some more information on the Parris Island Marines:

A 26-year-old, gay Savannah man who claims two Beaufort Marines committed a hate crime against him last weekend was accused earlier this year of using racial slurs and trading punches with a black truck driver at a Georgia gas station. . . . Savannah-Chatham Metro Police, the FBI and Marine Corps Air Station Beaufort officials still are trying to piece together an incident involving the same man June 12 near the intersection of Congress and Bull Streets in downtown Savannah. They also are trying to determine whether pending misdemeanor battery charges against the two Marines accused of beating him should be elevated to federal hate-crime charges. Witnesses told Savannah-Chatham Metro Police the two Marines thought the gay man winked at one of them. One of the Marines responded by punching the alleged victim in the back of the head, knocking him unconscious.

Capital Flyer reports:

Over the past eight months, two flight engineers from the 99th Airlift Squadron, whose mission is to provide airlift support to distinguished VIPs including members of Congress, have been convicted by Special Courts-Martial of wrongfully using prescription medications. . . . What makes these cases particularly frightening is that both of these flight engineers were on flying status and were flying missions during the time they were abusing prescription medications.

Note: Joseph was prosecuted for the flying status violation and found not guilty. I was his counsel.

Texas senator is demanding answers from the Air Force on the current status of the 10 AWOL Afghan military deserters, which he called a breach of national security.

The initial number of Afghans being floated was 17. Now:

Ten of the 17 remain at large after seven were accounted for, sources close to the situation told Fox News on Friday. The most recent Afghan to disappear from Lackland was First Lt. Javed Aryan, who went AWOL in January 2010, Emery told FoxNews.com. The others listed in the NCIS report disappeared at various times last year. Sources also said that as of November 2009, one of the deserters was in Canada, one is now a lawful permanent resident in the U.S., one has left the country and another four are in federal custody and in removal proceedings. The other 10 remain unaccounted for.

Officials note that:

“In 2009, the Defense Language Institute English Language Center reported two other students from countries other than Afghanistan went missing,” he told FoxNews.com. “They include one Iraqi who requested asylum in Houston and one Djiboutian whose status is unknown. To date in 2010, one student from Tunisia and one from Guinea Bissau have gone AWOL in addition to the Afghani student [Aryan] who went AWOL in January. “To put these numbers in perspective,” Emery said, “more than 3,400 international students entered training at DLI in 2009, including 228 from Afghanistan.”

The names and date of birth of the missing is listed here.

Military.com has this piece of information which is a little different but nuanced than other reports.

Emery said it is rare for DLI students to go AWOL but it happens. An Iraqi soldier disappeared in 2009 but turned up in Houston where he asked for asylum rather than return to Iraq. A soldier from Djibouti also went missing in 2009. This year one soldier each from Tunisia and Guinea Bissau have gone AWOL.

Before it’s News now is tying this incident with this:

In late January, Senators were warned that Al Qaeda is determined to stage an attack on U.S. soil by July 2010. This information circled the media for some time, as they continually pumped images of Al Qaeda onto newscasts around the world. If this “threat” holds true than we only have 13 days left until a major attack.

Here is Politics Daily:

A nationwide alert has been issued in hopes of locating 17 members of the Afghan military being trained at a Texas Air Force base, all of whom have gone missing over the past few years. At the time of their disappearances, the men were learning English as they trained to become pilots. “I can confirm that 17 have gone missing from the Defense Language Institute,” Gary Emery, chief of public affairs, 37th Training Wing, at the Lackland Air Force Base, told Fox News. “They disappeared over the course of the last two years, and none in the last three months.”

San Antonio News reports that:

Disappearances like the ones at the DLI haven’t been uncommon. But Emery noted that around 3,400 international students attended the Lackland school last year, including 228 from Afghanistan. Of those, the 16 Afghans went AWOL along with the Iraqi and one from Djibouti. Two from Tunisia have gone missing this year along with another from Guinea-Bissau in West Africa.

A nationwide alert has been issued for 17 members of the Afghan military who have gone AWOL from a Texas Air Force base where foreign military officers who are training to become pilots are taught English, FoxNews.com has learned. . . . A senior Defense Department official in Washington told Fox News he had no direct knowledge of the 17 men being AWOL. The official added that this is not the first time foreign trainees have gone missing, and said some cases in the past have turned out to be more of an immigration concern than a national security threat.

A Fort Wainwright soldier is under investigation for allegedly posting a video on his Facebook site showing Iraqi children being taunted.

Navy Times reports:

A 400-cell military brig is being constructed near Naval Station Norfolk to consolidate Navy and Marine prisons closing in Virginia and North Carolina. . . intended for Navy and Marine defendants who are either awaiting trial or serving sentences of seven years or less.

Marine Corps Times reports:

A Texas man with no military experience managed to trick the Army into letting him enter a reserve unit as a noncommissioned officer earlier this year, putting an untrained soldier in a leadership position in a time of war, an Associated Press investigation has found. The revelation comes just months after the Army drew criticism for failing to flag the suspicious activities of the Army psychiatrist now charged with killing 13 and wounding dozens of others at Fort Hood.

LA Times reports that:

A fourth Marine at Camp Pendleton has been sentenced for mishandling classified documents involving investigations into possible terrorist groups in Southern California, the Marine Corps announced Thursday. Gunnery Sgt. L. Eric Froboese was ordered reduced in rank to staff sergeant and sentenced to 30 days in the brig. The brig sentence will be delayed while Lt. Gen. Keith J. Stalder reviews the decision of a court-martial. Under a plea bargain, Froboese will not be docked pay.

Washington Post reports that:

The U.S. military has begun a criminal investigation of allegations that a “small number” of American soldiers killed as many as three Afghan civilians.

As does CBS news.

Stars & Stripes reports:

A U.S. Army Europe brigade sergeant major who’d admitted sexual contact with a low-ranking soldier in his command was acquitted Thursday of sexual assault, fraternization, maltreatment and adultery.

Boston.com reports that:

A Norwell woman wanted since January for deserting the Army was arrested Sunday night by Norwell police and is now at an Army facility in Kentucky, according to police and Army officials.

Navy Times reports that:

The captain of a destroyer that struck a buoy in the Persian Gulf in March was relieved of command Tuesday in Manama, Bahrain, after a non-judicial hearing found he was “derelict in the performance of his duties.”

How interesting, and perhaps appropriate, American Thinker reports:

Army doctor Lt. Col. Terrence Lakin yesterday met with his brigade commander, Col. Gordon R. Roberts, who proceeded to read LTC Lakin his Miranda rights, and who informed LTC Lakin he had the “right to remain silent” because LTC Lakin is about to be charged with serious crimes. Col. Roberts was at age 19 awarded the Congressional Medal of Honor, the only recipient of the nation’s highest honor currently on active duty in the Army.

This was in reference to the formal counseling given a number of days ago. Although I’m not sure he was really read Miranda, more likely Article 31, UCMJ. The piece concludes, with some cute hyperbole that:

A devoted physician and military officer may go to military prison, to protect the secrecy of the President’s original birth documentation held by the state government of Hawaii. The secrecy of the President’s paper trail may be about to gain a martyr.

The Colorado Independent has a piece on today’s developments, which includes this point:

Lakin spokesperson Hemenway appeared on the Peter Boyles radio show Monday. Hemenway and Boyles voiced support for Lakin in his “search for the truth” and looked forward to the “showdown” or what Boyles called a “reckoning” for the president.

I’m sorry, but does anyone know if the attorney’s representing LTC Lakin have any military law experience, or associated with someone who might have an inkling of military law?

And which lucky TDS attorney will get this case if there is an Article 32, UCMJ, hearing ordered – we know who you are?

Why would a highly placed, decorated Army officer set to be promoted to colonel risk court-martial by refusing to obey orders?

Military.com reports.

An Army flight surgeon apparently is sticking to his vow not to deploy until he is satisfied that President Barack Obama is a “natural born” citizen. Lt. Col. Terrence Lakin did not report for duty at Fort Campbell, Ky. as ordered today, and a spokesman for the post said it’s not likely he will.

On a different, but perhaps related note, TPM reports:

The Tea Party movement has gained a foothold in the armed forces. A new Tea Party group, Armed Forces Tea Party Patriots, has grown quickly since being launched last month by an active duty Marine Corps sergeant.

Apparently he’s not read the Department of the Navy regulations on political activity, especially while in uniform or using your military affiliation; although it appears he may have received some counselings.

In promoting the Armed Forces Tea Party Patriots, Stein has raised the possibility of disobeying presidential orders.

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. “From our perspective, since she didn’t deploy to Afghanistan, she has no injuries; we see this as a big success,” Paterson told Truthout. “She didn’t go to Afghanistan, she didn’t go to jail, she won’t be separated from her baby and she gets out of the Army. That’s what’s important.”

Truthout reports.

Not going too far, how about you?

Meanwhile – – –

A Robins Air Force Base master sergeant was dishonorably discharged and sentenced to 50 years in prison after he was found guilty of engaging in sexual contact with several minors, according to The Robins Rev-Up, the Robins Air Force Base installation newspaper.

(Macon) Sun News reports. And here is a link to Rev-Up Military Justice Actions. There is also an item about Air Force high-year tenure changes which can be relevant to UCMJ actions.

A U.S. Air Force officer has admitted to beating a gay man outside a Manhattan bar, and lost his rank for his role in the incident. . . Ford, a Bronze Star medal recipient, lost a month’s pay and his rank, the story said. (I think they mean non-commissioned officer.)

Edge reports.

Lawyers for a Navy senior chief implicated in a hazing scandal in Bahrain say he’s been smeared by “scurrilous allegations” and are mounting a vigorous defense in hopes that he can retire at full pay. . . A three-member board convened Thursday to consider the retirement of Michael Toussaint, a master-at-arms who served as kennel master of the military working-dog unit in Bahrain from 2004 to 2006.

Kate Wiltrout, Pilot Online reports.

A Fort Bragg soldier charged with burglary and sexual assault tried to get mental counseling after returning from Iraq but was turned down, his family members said Thursday. . . Spc. Aaron Michael Pernell, 22, was charged Monday in two burglaries and a sexual assault that occurred in December in the Ste. Mere Eglise neighborhood on post. . . The Army plans to conduct an Article 32 hearing, which is the military equivalent of a probable-cause hearing, in the next week to determine whether a court-martial is warranted, Fickel said.

WRAL.com reports. The article also has links to a number of other pieces about this case.

Despite assurances by military public affairs officers that the Army would work with Spc. Hutchinson and her attorneys to resolve the matter administratively, rather than through the criminal process, charges of missing movement, AWOL, dereliction of duty, and insubordinate conduct were filed on January 13th.

IndyBay.org reports.

SPC, 11th Engineer Battalion, convicted at special court-martial of two specifications of absence without leave and two specifications of wrongful use of a controlled substance. A military judge sentenced him to confinement for 135 days, and a bad-conduct discharge. SPC, 3rd Heavy Brigade Combat Team, convicted at a special court-martial of three specifications of assault. A military judge reduced him in pay to E-2 and two months confinement.

The Bayonet reports.

Stolen Valor Update.

The federal courts are wrestling with a question of both liberty and patriotism: Does the First Amendment right to free speech protect people who lie about being war heroes? At issue is a three-year-old federal law called the Stolen Valor Act that makes it a crime punishable by up to a year in jail to falsely claim to have received a medal from the U.S. military. It is a crime even if the liar makes no effort to profit from his stolen glory. Attorneys in Colorado and California are challenging the law on behalf of two men charged, saying the First Amendment protects almost all speech that doesn’t hurt someone else. Neither man has been accused by prosecutors of seeking financial gain for himself.

AJC and SeattlePI report. It seems to me there are four types of individuals who steal valor: the active, Reserve, or NG person, the civilian or former member who uses their “valor” to get something for free, the person who gets something but it’s hard to quantify, and the pure braggart. The military person can be dealt with under the UCMJ, the fraud for profit can be prosecuted for the fraud, and the other two can be cut and sent to Coventry.

The Disrespectful Rapper.

In my previous post, I talked about how the Army plans to Extradite to the sovereign nation of Iraq a Stop Loss Rappin Soldier to get him away from U.S. Public Scrutiny Well readers if you agree with this, then what next sending American Soldiers to the United Nations to find other countries to court martial our troops outside the borders of the United States so the Pentagon is not embarrassed?

Robert L. Hanafin, Veterans Today comments. An odd perspective.

Collateral effects.

The Michigan Court of Appeals has ruled that homeless sex criminals don’t have to comply with Michigan’s Sex Offender Registry Act. Many law enforcement officials — who often have to deal with sex offenders who claim they have no permanent residence — aren’t happy with the ruling. – – – – – – A Third Circuit panel has again struck down as substantively unreasonable a supervised release condition putting a lifetime limit on internet use. United States v. Miller, No. 08-4278 (3d Cir. Feb. 5, 2010).

Sentencing Law & Policy hat tips.

[Update] A Marine captain awaiting a court-martial for defrauding the government was found dead from an apparent suicide Sunday in the Marine Corps Base Quantico, Va., brig, base officials said.

Marine Corps Times reports. I have commented before about the attention given to increases in the military suicide rate, and that I believe there is an uptick in suicides related to courts-martial.

R.C.M. 917 allows the defense to make a motion (or the MJ sua sponte) for a finding of not guilty at the close of the prosecution case or at the close of the evidence. I have just completed one of the infamous Army TCS/Reserve TDY cases. The E-8 accused was charged with conspiracy with two others to steal using fraudulent rent receipts, false official statement, theft of funds in excess of $500.00, and two specifications of fraud under Article 132, UCMJ. The standard or amount of evidence is so low that it is hard to obtain an R.C.M. 917 dismissal.

At the close of the prosecution case they had not introduced evidence of a delta between the amount alleged to have been stolen and that to what the accused would have been entitled, and had not introduced evidence that the travel claim vouchers were actually signed and submitted by the accused. Rather than grant a 917 motion, the judge allowed the prosecution time to rethink their case and potentially request they be allowed to reopen. After the interlude the judge kicked the can and referenced Griffith, again giving the prosecution more opportunity to reopen. The military judge is permitted to take such a course of action. See e.g. United States v. Ray, 26 M.J. 468 (C.M.A. 1988).

I asked for reconsideration after the defense case, and again the judge indicated he was going to wait until after findings. Interestingly, the judge’s view was that to grant a 917 motion to most of the charges may prejudice the members against the client. His idea being that the perception to the members would be that the judge thought the accused guilty of what was left. The members found the client guilty of all of the charges and specifications – go figure. Overnight the judge gave the prosecution time to find case law and arguments on a Griffith motion. See Ray, supra.

The next day, the military judge excepted and dismissed one of the co-conspirators and the “act” from the conspiracy specification, the false official statement, and the Article 132, UCMJ, offenses, but left the theft and remaining conspirator. He did except and substitute “some amount” for “in excess of $500.00.” (You should have seen the members faces when he said all of this.) Now he did say he was making the dismissal of the frauds without prejudice. But that’s a fight for another day.

The standard under R.C.M. 917 is quite low — “some evidence” is all that is needed. And the military judge must view the evidence in the light most favorable to the prosecution. Frankly for my case the prosecution case didn’t get any better and I think the judge should have granted the 917 motion then and there, but . . .

There are many things a military judge may do post-trial in accordance with R.C.M. 1102 and before authentication of the record. (I’ve commented elsewhere about my standard post-trial Article 39(a), UCMJ, motion for release pending appeal, a speedy post-trial review, and immediate production of a record of trial.) In United States v. Griffith, 27 M.J. 42 (C.M.A. 1988), the court addressed a judge’s power and responsibility post-trial.

Appellate defense counsel argue that the military judge not only has the power to rule after trial on the legal sufficiency of the evidence — as is permitted in Federal trials by Fed.R.Crim.P. 29 — but also may set aside findings of guilty after trial if he determines that they are against the weight of the evidence. Although Fed.R.Crim.P. 33 apparently allows Federal District judges to take such action, we are unconvinced that a military judge may become the “thirteenth juror” in this manner. Instead, as we interpret the military judge’s responsibilities under the Code, he may determine only whether the rights of an accused have been prejudiced by legal error — such as legal insufficiency of the government evidence — and may not decide the credibility of the witnesses.

United States v. Griffith, 27 M.J. 42, 48 (C.M.A. 1988).

Note that the military judge’s power is not that of a court of criminal appeals panel. A panel acting in accordance with Article 66, UCMJ, is more like the thirteenth juror. Rather it is more similar to that of CAAF.

[I]f, before authenticating the record of trial, a military judge becomes aware of an error which has prejudiced the rights of the accused — whether this error involves jury misconduct, misleading instructions, or insufficient evidence — he may take remedial action on behalf of the accused without awaiting an order therefor by an appellate court. This result is predicated on our interpretation of congressional intent.

United States v. Griffith, 27 M.J. 42, 47 (C.M.A. 1988).

Take a look at Griffith. I’m not advocating that you make a Griffith motion every time you raise and lose a 917 motion. But there are certainly cases where it is worthwhile making and pressing the motion. For example where the judge says that there is enough evidence – barely, or some other statement indicating that the judge isn’t impressed with the amount of evidence, but that it’s good enough for government work.

Additional thoughts on some tactical or strategic considerations. R.C.M. 917 and Griffith are tools in the defense toolbox, but should you use them?

When you make a 917 motion or are thinking of a Griffith motion, you have a problem. What to do about a defense case? What if you put on a defense case, do you risk filling in the blanks, holes, or deficiencies in the prosecution case?

If you make a 917 motion you have to be careful. You have to be honest with the court and if the judge asks you to point out the deficiency you have to consider what to say and how to say it. I think it’s acceptable to give a general comment which clues the judge in to your thinking but not the prosecution. Most judges have already identified the deficiency anyway. Some will then take you down the path to educating the prosecution, some will educate the prosecution without your help, some will let the prosecution swing. Be careful of the judge who crosses the line to helping the prosecution put on a re-opened case and becomes a second or third trial counsel.

You do not have to make a 917 motion. I well remember a UA (AWOL) case I did where I didn’t make a 917 motion because it would alert the prosecution to it’s evidentiary deficiency. Rather I waited and argued the lack of proof beyond reasonable doubt.

Good luck, and be creative.

The Army has filed court-martial charges against Alexis Hutchinson, an Army cook who refused to deploy to Afghanistan because she couldn’t find anyone to look after her 1-year-old son.

Newser reports.

The court-martial charges are AWOL and missing movement, offenses under the UCMJ.

“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.

Army Times and AP report that an AWOL soldier wins stay of Canadian deportation.

Canada’s Federal Court says the country’s refugee board must reconsider the case of a lesbian who deserted the U.S. Army.

Army Times and AP reports a Soldier charged with making threat at school.

The Pettis County prosecutor has charged a soldier who had been reported missing from Fort Leonard Wood with making a terrorist threat at a Sedalia high school.

Army Times and AP reports that a Fort Campbell soldier has been charged with refusing a gate search.

The military says a Fort Campbell soldier was charged after refusing to allow a search of his vehicle and causing a gate into the installation to be shut down.