Marine to receive "Other-Than-Honrable" Discharge over Comments about Obama

[jnevis]

Most OTH discharges now stem from DUIs, drugs, or just being dumb (assault, fraternization ect) but aren't as "damning" as a Bad Conduct Discharge or Dishonorable Dishcharge. that would come from something worse.  OTH,BCD, and DD has to be awarded (never understood why punishment was awarded, but anyway...) at Courts Martial.

Basically the good-to-bad for discharges"
Honorable, General, Administrative, OTH, BCD, DD
General now is basically you didn't do anything wrong per se, but your evals are poor and you may have had some issues here and there (a couple trips to the Man for minor stuff)
AdminSep can be just about anything: body fat/PT failures, High Year Tenure, Medical, and contract issues (school or job guarantees) 


He broke Article 88 of the UCMJ
"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"

Elements
That the accused was a commissioned officer of the United States armed forces;
That the accused used certain words against an official or legislature named in the article;
That by an act of the accused these words came to the knowledge of a person other than the accused; and
That the words used were contemptuous, either in themselves or by virtue of the circumstances under which they were used.
(Note: If the words were against a Governor or legislature, add the following element:)
That the accused was then present in the State, Territory, Commonwealth, or possession of the Governor or legislature concerned.

You can complain about the government, in a political setting or private discussion, but not directly and publically ie Facebook, and the langauge cannot be contemptous.

[tombogan03884]

Most OTH discharges now stem from DUIs, drugs, or just being dumb (assault, fraternization ect) but aren't as "damning" as a Bad Conduct Discharge or Dishonorable Dishcharge. that would come from something worse.  OTH,BCD, and DD has to be awarded (never understood why punishment was awarded, but anyway...) at Courts Martial.

Basically the good-to-bad for discharges"
Honorable, General, Administrative, OTH, BCD, DD
General now is basically you didn't do anything wrong per se, but your evals are poor and you may have had some issues here and there (a couple trips to the Man for minor stuff)
AdminSep can be just about anything: body fat/PT failures, High Year Tenure, Medical, and contract issues (school or job guarantees)  


He broke Article 88 of the UCMJ
"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"

Elements
That the accused was a commissioned officer of the United States armed forces;
That the accused used certain words against an official or legislature named in the article;
That by an act of the accused these words came to the knowledge of a person other than the accused; and
That the words used were contemptuous, either in themselves or by virtue of the circumstances under which they were used.
(Note: If the words were against a Governor or legislature, add the following element:)
That the accused was then present in the State, Territory, Commonwealth, or possession of the Governor or legislature concerned.

You can complain about the government, in a political setting or private discussion, but not directly and publically ie Facebook, and the langauge cannot be contemptous.

It wasn't the article you cited, but I'm pretty sure there is one that applies to enlisted ranks.

[jnevis]

A lot of the UCMJ is like instructions where He is used for He/She, where in this case "Commisioned Officer" also includes all NCOs/Staff NCOs/Chiefs, Commisioned, and Warrant Officers.

If nothing else Article 134
“Though not specifically mentioned in this chapter, all disorders and neglects to the prejudice of good order and discipline in the armed forces, all conduct of a nature to bring discredit upon the armed forces, and crimes and offenses not capital, of which persons subject to this chapter may be guilty, shall be taken cognizance of by a general, special, or summary court-martial, according to the nature and degree of the offense, and shall be punished at the discretion of that court.”