The Navy has fired the commanding officer of the attack submarine Memphis as 10 members of his crew are under investigation in an alleged cheating ring involving shipboard training exams, according to a Navy release.

See prior post here about Relief for Cause of Navy commanding officers.

The XO of USS SAN ANTONIO

has chosen to go to a court-martial on charges he was negligent on the day a sailor was lost at sea last year. If convicted, Lt. Cmdr. Sean D. Kearns, now assigned to a staff job at the U.S. Navy’s Second Fleet headquarters in Norfolk, would be the second person publicly reprimanded for a role in the death of Petty Officer 1st Class Theo-philus Ansong on Feb. 4, 2009. The San Antonio, an amphibious transport dock ship that’s the first of its kind, was operating in the Gulf of Aden and preparing to transfer sailors to another U.S. ship nearby. Ansong, 34, was in an 11-meter rigid hull inflatable boat that flipped while it was being lowered by crane from the San Antonio into the water. Three sailors were thrown from the small boat; two were rescued. Ansong’s body was never recovered.

The former CO received a letter of reprimand in May 2010 at flag mast.

The defense counsel has said that the defense will be based on a known design flaw in the ship which:

made lowering a small boat into the water more challenging than on other classes of ships, such as destroyers. There are now five San Antonio-class ships in the fleet. “We are aware that they are encountering the same problems and difficulties,” he said. After Ansong’s death, the Navy rolled out a series of changes in how ships in the class should change their standard operating procedures when dealing with small boats, he said.

A former astronaut who gained notoriety for stalking a romantic rival after driving 900 miles straight from Houston is expected to be discharged from the Navy. A board of inquiry made up of three Navy admirals voted 3-0 Thursday give Navy Capt. Lisa Nowak an “other than honorable” discharge and downgrade her rank from captain to commander, which affects her paygrade and pension.

Prior postings include here, and here.

During the Revolutionary War, the Continental Congress established different oaths for the enlisted men and officers of the Continental Army:

Enlisted: The first oath, voted on 14 June 1775 as part of the act creating the Continental Army, read: “I _____ have, this day, voluntarily enlisted myself, as a soldier, in the American continental army, for one year, unless sooner discharged: And I do bind myself to conform, in all instances, to such rules and regulations, as are, or shall be, established for the government of the said Army.” The original wording was effectively replaced by Section 3, Article 1, of the Articles of War approved by Congress on 20 September 1776, which specified that the oath of enlistment read: “I _____ swear (or affirm as the case may be) to be trued to the United States of America, and to serve them honestly and faithfully against all their enemies opposers whatsoever; and to observe and obey the orders of the Continental Congress, and the orders of the Generals and officers set over me by them.”

Officers: Continental Congress passed two versions of this oath of office, applied to military and civilian national officers. The first, on 21 October 1776, read: “I _____, do acknowledge the Thirteen United States of America, namely, New Hampshire, Massachusetts Bay, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia, to be free, independent, and sovereign states, and declare, that the people thereof owe no allegiance or obedience to George the third, king of Great Britain; and I renounce, refuse and abjure any allegiance or obedience to him; and I do swear that I will, to the utmost of my power, support, maintain, and defend the said United States against the said king, George the third, and his heirs and successors, and his and their abettors, assistants and adherents; and will serve the said United States in the office of _____, which I now hold, and in any other office which I may hereafter hold by their appointment, or under their authority, with fidelity and honour, and according to the best of my skill and understanding. So help me God.” The revised version, voted 3 February 1778, read “I, _____ do acknowledge the United States of America to be free, independent and sovereign states, and declare that the people thereof owe no allegiance or obedience, to George the third, king of Great Britain; and I renounce, refuse and abjure any allegiance or obedience to him: and I do swear (or affirm) that I will, to the utmost of my power, support, maintain and defend the said United States, against the said king George the third and his heirs and successors, and his and their abettors, assistants and adherents, and will serve the said United States in the office of _____ which I now hold, with fidelity, according to the best of my skill and understanding. So help me God.”

You can see more of the history of U.S. military oaths at the U.S. Army Center of Military History.

An active-duty Seabee is wanted for questioning in the slaying of his pregnant wife, authorities said. Steelworker First Class (SCW) Eric Gilford, 31, disappeared after his wife, Kristine, was found stabbed to death May 26 in a residence in the Chicago suburb of Villa Park, Illinois authorities said.

WXVT15 reports that:

Fort Polk’s Criminal Investigation Division is investigating the death of a Tulane University graduate student shot in her home on the Navy base in Belle Chasse. An Article 32 investigation – the military equivalent to a grand jury – is underway to decide if there is cause to hold a court martial for Maj. Detric Kelly, 37, in the May 15 death of his wife, Kimberly Kelly.

The Desert Dispatch reports that:

Two separate incidents of child pornography found at Fort Irwin were reported recently, but no formal charges have been filed. Suspected child pornography is reported to have been found on a portable memory chip and a computer sometime between May 18 and May 26, the period covered by logs released by Fort Irwin Police. In the first instance, residents of an apartment on Fort Irwin were moving out of their residence and found a memory chip that they said belonged to a house guest. Since the person the card belonged to was a guest and not stationed at Fort Irwin, military police did not handle the case. In the second instance, a Fort Irwin soldier borrowed the computer of another soldier and discovered suspected child pornography. The soldier reported the discovery to military police.

Experts say Fort Bragg likely violated the First Amendment when it sought to prohibit reporters from identifying accusers at a soldier’s arraignment. The Observer doesn’t publish names of victims of sexual crimes. But Pernell faces charges other than sex crimes.

The FayObserver writes:

Lt. Col. Dave Connolly, an 82nd Airborne Division spokesman, said the rule was meant to protect the victims’ privacy and “to make sure the process itself is just for all involved.”

The paper and Fort Bragg does however print or release the names of accused’s prior to a conviction.

For years, the top officer in the Virginia National Guard has had a paid position with a business run by one of his subordinate officers. Newman promoted Bonanni to the assistant adjutant general’s post in 2008 while collecting a paycheck from his company.

Air Force Times reports:

A two-star general who received a top assignment at Air Force Materiel Command six weeks after being arrested on drunken driving charges will pay a fine and spend no additional time in jail.

News25 reports that:

A Fort Hood soldier was sentenced to 18 months of confinement for allegedly possessing child pornography. At a General Court Martial Friday morning, Staff Sergeant Kurt John Gullens pleaded and was found guilty on a Wrongful Possession of Child Pornography charge. Gullens’ rank will also be reduced to E-1 and he will receive a bad-conduct discharge.

L.A. Now reports that:

A Marine major was sentenced Thursday to a reprimand and 90 days’ confinement for his role in leaking intelligence documents to civilian law enforcement. Major Mark Lowe will also forfeit $2,000 in pay for three months under punishment meted out by a court-martial at Camp Pendleton. The sentence must be approved by Lt Gen. Keith J. Stalder.

See also Marine Corps Times.

Military.com reports that:

The Navy reached a milestone of sorts in April. It was the first month of 2010 that the service didn’t have to remove a commanding officer for misconduct.

An Army major who allegedly told another soldier that his fellow jury members in an October court-martial acted improperly and with an agenda testified Thursday that he never made such an allegation. Pvt. Justin A. Boyle – a sergeant before having his rank stripped – was convicted in October of involuntary manslaughter and conspiracy for his role in the death of Pfc. Luke Brown. Boyle was one of seven soldiers accused of accidentally killing an intoxicated Brown while trying to subdue him to get him home after a night of drinking at the Ugly Stick Saloon on Raeford Road. Prosecutors said the choke hold Boyle used caused Brown’s death.

DoD PAO reports that:

Defense Secretary Robert M. Gates has directed the Defense Department immediately to implement 26 interim recommendations of an independent panel he appointed to look into the Nov. 5 shooting spree at Fort Hood, Texas, Pentagon officials said today.

Courtesy of CAAFLog here is a “fact sheet” on the SEAL trials.

The Orange County Register reports that:

Orly Taitz has been dealt another legal loss in her battle to prove President Barack Obama is not qualified to be president, as a federal appeals court in Atlanta has upheld a judge’s $20,000 sanction of Taitz. In fining Taitz in October, U.S. District Court Judge Clay D. Land wrote that one particular Taitz response to the court “is breathtaking in its arrogance and borders on delusional. She expresses no contrition or regret regarding her misconduct. To the contrary, she continues her baseless attacks on the Court….” The March 15 ruling by the 11th Circuit Court of Appeals says, “We have fully considered Taitz’s arguments. We find them unpersuasive and therefore affirm the district court’s sanctions judgment.”

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.

• Military.com reports.

A Navy captain was demoted because she berated and assaulted her crew, not because she led her guided missile cruiser on a drag-race with another U.S. warship in the Pacific, an investigation shows.

I think they meant RFC’d – Relieved for Cause. But how about this nugget.

Among allegations not substantiated was one that she endangered the ship while allowing a drag-race between the Cowpens and the destroyer USS John S. McCain in February 2009. Four witnesses described the 2009 race off of Okinawa, but they differed on how close the two vessels came to each other before the race was halted. One sailor said that during the race, aimed at boosting morale, the McCain got ahead of the Cowpens and began drifting to the left into the path of the Cowpens. Though the report did not question that the race took place, it said the allegation of “hazarding a vessel” was unsubstantiated.

• Here is an article on United States v. Boyle. [Disclosure: I was defense counsel for SGT Ryan Sullivan, mentioned in the article.]
• Hennis members panel selection continues. It appears they have five members so far.
• JDNews reports.

Authorities are again stressing gun safety after they say a Camp Lejeune Marine demonstrating to friends how to disarm a gunman instead shot himself in the hand.

• WJZ.com reports.

A military judge sentenced a U.S. Naval Academy midshipman to one year in the brig on Thursday for stealing about $28,000 worth of electronic lab equipment from the academy and selling it on eBay.

• Island Packet.com reports.

A Marine arrested last year on child pornography charges faces a general court-martial next week at Marine Corps Air Station Beaufort. The Naval Criminal Investigative Service arrested Gunnery Sgt. Troy Pearson in October for wrongful possession and distribution of child pornography while he was home on a two-week leave from a deployment to Afghanistan, said Gunnery Sgt. Chad McMeen, air station spokesman.

x reports that the military judge has declined to delay trial pending the outcome of Hennis’s District Court jurisdictional case.

Navy Times reports:

The skipper of Naval Air Station Pensacola, Fla., was temporarily relieved of command Friday for “inappropriate conduct,” Navy officials said. Capt. William Reavey Jr., 51, became the sixth commanding officer to be fired this year.

SCOTUSBlog has a piece on Carr, a SORNA case argued at the Supremes recently.

Below, Harvard Law School’s Kate Nielson recaps last week’s oral argument in Carr v. United States. Kate’s preview of the proceedings is available here. Check the Carr v. United States (08-1301) SCOTUSwiki page for additional updates.

Stars & Stripes reports some interesting developments in a murder case from Japan.

A Filipino accused of plotting with a U.S. Navy command master chief to kill the sailor’s family was arrested Tuesday in the Philippines in connection with a related killing, the Philippine National Police said. Dimple Santos, 27, was being held Tuesday night in Antipolo City on suspicion of murder in the shooting death of a Filipino taxi driver, said Col. Dioscoro Maata, the city police superintendent. The arrest follows a Stars and Stripes investigation of the case and an ongoing Navy probe of Master Chief Petty Officer John Bench and his ties to killings in Japan and the Philippines.