In a statement marking the 5th anniversary of the repeal of the so-called “Don’t Ask, Don’t Tell” law that barred gay men and women from serving openly in the military, Defense Secretary Ash Carter said today’s military is stronger than ever since the repeal.
“I am proud to report that five years after the implementation of the repeal of ‘Don’t Ask, Don’t Tell’ our military, drawn from a cross-section of America, is stronger than ever and continues to exemplify the very best that our great nation has to offer,” Carter said. “The American people can take pride in how the Department of Defense and the men and women of the United States military have implemented this change with the dignity, respect, and excellence expected of the finest fighting force the world has ever known.”
Carter expressed optimism as the military continues to become more inclusive.
“As the memory of ‘Don’t Ask, Don’t Tell’ fades further into the past, and we move forward together to face new challenges,” he added, “we recognize that openness to diversity and reaching out in a spirit of renewed inclusiveness will strengthen our military and enhance our nation’s security.”
Also today, the Pentagon’s personnel chief released a letter to service members, families and veterans, encouraging people who received less-than-honorable discharges from the military based solely on “Don’t Ask, Don’t Tell” and its precursor laws and policies to seek a correction of their records.
“If there is something in your record of service that you believe unjust, we have proven and effective policies and procedures to by which to consider and correct such errors,” acting Undersecretary of Defense for Personnel Peter Levine wrote. “‘Don’t Ask, Don’t Tell’ is a vestige of our past and I encourage you to honor the 5th anniversary of the Department’s implementation of its repeal by coming forward and requesting a correction.”
California may start giving legal help to veterans who have been deported.
The state Assembly passed a bill May 8 to provide legal representation for people who were honorably discharged from the military but have since been deported.
Assemblywoman Lorena Gonzalez Fletcher says her bill is intended to help deported veterans return to the country. The San Diego Democrat says the bill would help them reunite with their families and access health services and other benefits.
“It’s time we bring our deported vets back,” Gonzalez Fletcher said. “California can lead the way by trying to bring them home.”
The American Civil Liberties Union says it has found dozens of cases where veterans have been deported.
Many deported veterans would have been eligible to become naturalized citizens but were not properly informed about the process, Gonzalez Fletcher said.
Funding for the bill will be subject to availability of money in the state budget.
The bill directs the state to contract with a nonprofit legal services organization. AB386 passed the Assembly without any dissenting votes and now goes to the Senate.
There are so many dumb questions, but don’t worry, we’re here for you with the answers. We Are The Mighty regulars are joined by special guests U.S. Navy SEAL Remi Adeleke and Green Beret Terry Schappert in the third installment of this riveting series.
Do soldiers fall in love while in war zones? | Dumb Military Questions 103
“Have you ever seen someone cry at the U.S. Army basic training?”
The video opens strong with the cold human truth: oh yes — everyone cries at the U.S. Army basic training (phrasing kept intact here because it’s hilarious; can we make adding ‘the’ to basic training a universal thing?).
“Why are the U.S. Navy’s and the U.S. Army’s special forces considered elite even though their training period before joining is only a few months long compared to civilian skills like guitar that take years to learn?”
Schappert ain’t got time for that.
Dear twenty-something rich kid sitting in your mom’s basement playing ‘Wonderwall’ again on your six-string: we don’t know how to convey to you that pushing yourself beyond your physical limitations consistently for months on end while sleep deprived in order to learn tactics and skills that will keep you and your friends alive in the face of lethal force is harder than finally nailing your first F chord on the guitar. But please trust us: it is.
“Could a Green Beret break out of a supermax prison?”
Lucky for us, we had not one but two Green Berets on hand to answer this question.
“Why don’t we make our soldiers look scary or creepy? Wouldn’t that be good psychological warfare?”
Trust me. Our soldiers are creepy. Just look through the We Are The Mighty comments sometime.
Watch the video above to see the full line-up of questions and their answers!
Then make sure you check out more videos right here:
Platoon sergeants aren’t just managers and leaders, they’re also mentors — proxy parents even.
But they’re (in)famously gruff about it. After all, they didn’t father any of these kids, and they didn’t pick them either. And their primary job isn’t to turn them into beautiful snowflakes but honed weapons.
So, below are 5 classic fairy tales as recited by cigar-chomping and dip-spewing platoon sergeants:
1. Red Riding Hood Learns to Secure Her Logistics Chain
So, this little girl was getting ready for a trip to her grandma’s house. Red Riding Hood started by doing a map recon and checking with the intel bubbas to see what was going on along her route. After she heard about the increase in wolf-related activity in the area, she requested additional assets like a drone for overwatch and more ammunition for the mass-casualty producing weapons systems.
When a wolf attempted to hit her basket carriers and then fled, she had her drone operator follow the wolf to the cave. Red and her squad conducted a dynamic entry into the cave and eliminated the threat. Now, they conduct regular presence patrols to deter future wolves from operating in their area of operations.
2. Goldilocks and the Three Tangos
Goldilocks was moving tactically through the forest when she spotted a large wooden structure with a single point of ingress/egress. Since she wasn’t an idiot, she didn’t just burst inside to try out the beds. Instead, she practiced tactical patience and established an observation post.
After tracking patterns of life for a few days, she was certain that the structure housed three bears of various sizes. In her head, she rehearsed the battle dozens of times before engaging. When the dust settled from the firefight, she found herself in possession of a defendable combat outpost deep in the woods.
3. Hansel and Gretel Learn About SERE
When two privates were led by their evil stepmother to play deep in the woods, they brought a compass and map. The stepmother then attempted to abandon them in the forest. Since they knew their stride counts and checked their azimuth often, the kids were able to quickly move back to their home.
Near the house, the kids prepared a number of traps normally used to hunt game for food. These traps were positioned on areas the stepmother was known to frequent and the kids waited. When she trapped herself in a snare near the river, the kids bundled her up and sent her to a black site hidden under a candy cottage. The HUMINT guys got valuable information about witch operations and everyone else lived happily ever after.
4. Jack Gives the Army Instant Cover and Concealment
Jack was a pretty forgettable little science nerd in his high school but he went on to join DARPA and invented some techno-wizardry-magical device that allowed soldiers to plant a single bean and create a towering observation post from which to cover the surrounding battlefield.
So soldiers began tossing these things all over the place to create forests overnight. Then, they’d slip into one of the beanstalks to get eyes on roads and other important battlefield objectives. The height of the stalks ensured them a clear line of sight for miles and since they could be grown overnight, troops could plant their own cover and concealment ahead of major operations.
5. The Three Little Pigs Use Concentrated Combat Power
Three little pigs were preparing for an imminent invasion by a big, bad wolf when one proposed that each pig should fall back to their own home, the senior pig got pissed. “What are you, some kind of dumb boot!?” he asked. “We should concentrate our forces in the most defensible territory we have.”
That pig led his brothers to his house made of brick where they took shelter behind the thick walls. When the wolf arrived, the oldest pig engaged him from a second-floor window while his brothers maneuvered behind the enemy. Then, the pigs established fire superiority and cut the wolf down.
If you have your own platoon sergeant fairytale, share it with us on Facebook or Twitter with the hashtag #PltSgtFairyTales.
Ten thousand times more potent than morphine, the drug carfentanil poses a risk to both civilians and warfighters.
The powerful opioid, with lethal amounts smaller than a poppy seed, was developed as a tranquilizer for use on large animals and is now part of the illicit drug trade. Easily obtained, concern about weaponization has led researcher Michael Feasel, Ph.D., of the Army’s Edgewood Chemical Biological Center, with support from the Defense Threat Reduction Agency’s Chemical and Biological Technologies Department, to determine how to treat exposure to the drug.
There is significant interest in opioids and their impact on the population, from the public health crisis of heroin and fentanyl abuse, to events like the Dubrovka Theater siege. According to an article published by researchers at the United Kingdom’s Defence Science and Technology Laboratory, carfentanil and remifentanil were the main components used by the Russian government to subdue the terrorists.
Carfentanil activates the body’s opioid receptors, depressing the respiratory drive and other central nervous system functions. The anti-overdose drug naloxone (an opioid antagonist) can reverse the effects of the narcotic. However, carfentanil is so potent that larger doses of naloxone may be required to counter its effects. Currently, little research on the effective dosage is available.
“Higher potency versions of naloxone are available, however the Food and Drug Administration has not seen a need to get them approved for human use, until now. These ultra-potent opioid exposures are not only a chemical defense issue, but they are also a public health issue,” Feasel stated.
Feasel is working to understand the effects carfentanil at the cellular and systemic levels. His work will help determine the dosage of naloxone needed to resuscitate casualties of carfentanil exposure. In collaboration with the National Institute on Drug Abuse, the ECBC scientist set out to identify metabolites in carfentanil using hepatocytes, or human liver cells. Feasel identified twelve metabolites in a 2-D, in vitro platform, which showed slower clearance. This advancement provides insight into the duration of carfentanil’s effects on the human body.
The follow-on study uses 3-D spheroids which mimic human liver activity and provide more complex results.
“By using a 3-D subculture we are enabling the access to realistic data,” observed Feasel. With conclusions on the research forthcoming, he is continuing to address the issues of chemical and biological defense and public health to develop methodology which can be applied to relevant compounds.
In fact, his research is so pivotal that Chemical Engineering News, a publication from the American Chemical Society, recently named Feasel as one of the “Talented 12.” Each year, this distinction is given to 12 path-paving researchers and entrepreneurs identified to revolutionize industry and solve global problems.
Feasel’s groundbreaking research not only aids the Department of Defense in protecting the nation and our warfighters from emerging chemical weapons, but has broader applicability to the White House initiative for the war on opioids. By finding the proper dosage to treat exposure, strides in research will reduce the impact if a weaponized version is used on the battlefield or in terrorist attacks.
This is an emotional realization for the whole family. Having grandma or grandpa move in isn’t a simple transition for all parties. It involves issues of space, money, privacy, freedom, and ego. There’s resentment with, “I didn’t ask for this,” and all opinions would be living under the same roof. And parents who want to start the discussion are in the middle, their folks on one side; their spouses on the other.
“It’s a tricky position, especially if there’s tension and conflict,” says Megan Dolbin-MacNab, associate professor of human development and family science at Virginia Tech University.
It certainly is. Before you start feeling disloyal to anyone, remember that this isn’t an inevitable event. It’s just a possibility, one that requires assessing and playing the scenarios. Before you start reconfiguring the house, it starts with a conversation about having your parents move in. Well, two actually.
Talking to Your Spouse About Having Aging Parents Move In
When deciding whether or not grandparents should move into your home, the first conversation should be at home, with your partner. This needs mutual buy-in, regardless of how dire the situation might seem.
When you start exploring the alternatives, you’ll see where moving in ranks and that can help make a decision. As you proceed, the main thing is to ask your spouse questions and listen — truly listen — to the answers, keeping in mind the essential fact that you’re making a big request, Satow says. Ask two fundamental questions. “How do you think this would work?” and “What would we expect from them?” This will get you thinking about everything from space allocations to sharing of bills to things you didn’t even consider.
You can’t nail down every detail, but you’ll get an outline and more comfort with the idea. You also want to ask your spouse, “What are your concerns?” Listen again without quickly reacting. You want your partner to be able to express reservations, even anger, and do so early in the process, because things won’t magically work out without intention.
“If you don’t talk about stuff, it festers and then it explodes,” Dolbin-MacNab says.
It’s important to also ask: “What can we do for us if this happens?” Kids already changed your relationship. Grandparents moving in will do it again, Satow says. You might not have any couple time now, but giving the two of you focus amid this discussion will again help with the consideration.
But don’t focus solely on concerns, by also examining, “What’s the upside?” There’s the potential for help with chores and childcare, maybe you two get a night out regularly, and there’s the chance for your folks and kids to deepen their relationship. Considering the positives gives a fuller picture.
Talking to Aging Parents About Moving Into Your Home
This issue may have never been broached before with your parents. If so, it’s not an easy topic to raise. If there’s the slightest opening, some show of worry, use it to start a conversation when you’re not all rushed and the kids are engaged with something else. Acknowledge the awkwardness, Dolbin-MacNab says, and approach it, like with your spouse, as not a done deal. This is not the time for foot-stamping declarations of “You’re moving in.”
Ask your parents, “What are you feeling and what do you want?” It’s their decision as well. As the conversation moves forward, you want to be clear with concerns and expectations, and that honesty might be a new dynamic for all of you, and just setting that standard might be the biggest component, Dolbin-MacNab says.
Ask them, “What do you expect?” as it relates to childcare, bills, household chores and time together. Let them give a sense of how it would look, then give them the picture of your day and your approach to parenting – awake by 6 a.m., no snacks after 5 p.m., we try not to compare the kids to others – and ask, “Do you think you could fit into that?”
Remember: If you’re asking them for something, you need to offer them room to make it their own, and that requires prioritizing what really matters and not caring so much about the rest, Dolbin-MacNab says.
But there’s no need to address every potential conflict. They’ll happen and are best handled in the moment. You’ve set the overall framework and the precedent of talking. Let them know that will continue where everyone can share how it’s working and what needs addressing, Dolbin-MacNab says.
And ask them, “What do you see as the benefits?” It’s a hard time for them. This may be a loss of everything from social networks to furniture and they may feel embarrassed, but getting them to consider the upsides might reduce the sadness and bring in the idea that something different is also something new.
Even when it’s just a potential, it’s easy for you and your spouse to see it as a burden and undue stress. But it’s not what anyone drew up. As much as it’s possible, try to approach it like a team by finding consensus, looking for solutions, and where.
As Dolbin-MacNab says, “We’re all working toward the same goal and we could make our lives easier.”
Secretary of Defense James Mattis said September 18th that he’s going to look into the possibility that the military’s “can do” attitude may be responsible for the recent spate of deadly training accidents.
Almost 100 service members have been killed in training accidents since June, which reflects a definite spike in recent years, and Mattis said he’s examining whether military leaders have pushed troops beyond what they’re able because of a desire to always say “yes” to operational demands.
“I would say, having some association with the U.S. military, we’re almost hardwired to say “Can do.” That is the way we’re brought up,” Mattis said. “Routinely, in combat, that’s exactly what you do, even at the risk of your troops and equipment and all. But there comes a point in peacetime where you have to make certain you’re not always saying, ‘We’re going to do more with less, or you’re going to do the same with less.'”
Mattis noted, however, that the military applauds people who decline to continue training precisely because they feel their troops aren’t prepared.
“But my point is that we always look for this and we reward people for raising their hand and saying, ‘No more. I’ve got to stop.’ We’ve had people actually stop training where they thought their troops needed to rehearse before they went forward,” Mattis said. “And that’s not that unusual, tell you the truth. So I am not concerned right now that we’re rewarding the wrong behavior.”
So far, in response to the collisions involving the destroyers USS John S. McCain and USS Fitzgerald, the Navy has relieved six senior officers of duties, including the commander of the 7th Fleet, which is located in Japan. The Navy stated that the 7th Fleet commander was removed because of a loss of confidence in command ability.
Mattis was similarly noncommittal about whether there was a direct line from sequestration and budget cuts to training accidents, but pledged to look into that possibility.
Let’s be real: If Army regulations specifically required just one thing, there’d be someone out there trying to push it to the limit, just to see how far they can go. Then, the commander would make a company-wide memorandum because that Joe took it too far.
Thankfully, there are a number of Army regulations out there for all you rebellious types to break. Let’s take a look at those most tested:
The most cited Army Regulation is also the most abused. Just everything about AR 670-1 is tested, and not just by the lower enlisted.
If the regulations say an officer can wear a cape, you know there’s at least one officer who’s tried to get away with wearing it. Haircuts are strictly limited, but nearly every E-4 walks around with the exact text memorized, so they can say, “Ah! But the regulation just says, ‘unkempt!'”
By pure letter of the word, you cannot wear your uniform in a bar. You cannot wear a uniform in an establishment where your activities are centered around drinking. Being intoxicated in uniform is definitely against Army regs. This mostly gets interpreted as a “two-drink limit” by commanders to close that loophole.
And that’s exactly what happens. If, at an event where alcohol happens to be served — like spending a lunch break at the Buffalo Wild Wings just off-post, soldiers will likely grab just two. Doesn’t matter the size of the glass, the alcohol content of the drink, the tolerance of the person drinking, or how soon that person should be back on duty. The drink limit is just “two” drinks, right?
According to regulations, soldiers, NCOs, and officers should be “routinely” counseled, which really means every 30 days. So, by that logic, everyone waits until the last minute to get counseling forms, NCOERs, and OERs done.
Leaders (should) know the soldier underneath them and have a good idea of what they’ve done throughout the rating period — it’s too bad that none of that knowledge gets used as everyone scrambles to get reviews done so people can go home.
Profanity that is derogatory in nature against someone’s race, ethnicity, religion, sex, or orientation is clearly in the wrong. And f*ck you if you’re using it specifically against another soldier.
Shy of that, what constitutes “professionalism” and “becoming of a soldier” is a grey area. Commanders don’t really have a set guideline of specific expletives you can and cannot say, nor do they dictate how often you can cuss.
AR 600-20 is the Army Command Policy; it mostly serves as a catch-all for the smaller regulations. In the ambiguity of the fraternization policy, the rules behind dating, marriage, and hook-ups are kind of spelled out.
Even friendships between a soldiers and their leaders fall into that same gray area. As long as it doesn’t affect morale of all troops, it seems to be fine.
“Any suggestion that U.S. or coalition forces played a role in an attack on a Russian base is without any basis in fact and is utterly irresponsible,” the Pentagon responded at the time.
The Poseidon P-8A does have the capability to communicate with drones, but it’s entirely unclear if it can command a fleet of 13 drones. Russia initially displayed the drones after the attack, but did not produce any hard evidence that they communicated with the US Navy.
Russian Ministry of Defense display of the drones that allegedly took part in the attack.
Russia has some of the world’s best air defenses around its bases in Syria, which Igor Korotchenko, editor-in-chief of Russia’s National Defense journal, told Russian media contributed to the attack.
The US “pursued several goals,” with the alleged attack, said Korotchenko.
“There were three such goals: uncovering the Russian air defense system in Syria, carrying out radio-electronic reconnaissance and inflicting actual harm to our servicemen in Syria,” he said.
Without citing evidence or sources, Korotechenko alleged the US carried out the attack to uncover “the strong and weak points in our air defense system in Syria.”
In April 2018, the US would attack targets in Syria suspected of participating in chemical weapons attacks on civilians, but Russian air defenses stood down.
This article originally appeared on Business Insider. Follow @BusinessInsider on Twitter.
The Ghost Gunner 2 ecosystem receives an upgrade with April 20, 2019’s release of the company’s updated 1911 jig. The new jig replaces the original, 45 ACP caliber-only jig with an update that holds 9mm, 10mm, 40S&W, and 38 Super caliber 1911 80% frames.
The Ghost Gunner 2 is a desktop CNC mill that finishes user-supplied 80% lowers using the included DDCut software. Connect it to your Mac or PC and using the corresponding accessory jig and tooling, the microwave oven-sized machine finishes 80% AR-15, AR-10, and 1911 lowers and frames made of aluminum or polymer. The GG2 is a full-featured desktop CNC mill that accepts open-source milling code and cuts anything else, as long as it’s aluminum or softer. You just need to find (or write your own) g-code and supply a jig to hold the workpiece in the machine.
The new Delrin 1911 jig replaces the original aluminum jig and includes a few changes that allow the installation of 1911 frames in multiple calibers. The change from metal to Delrin eliminates the chance of a failed probing operation that could occur when the anodizing on the older aluminum jig was worn or damaged. Improvements to the 1911 milling code include soft probing and an extended probing for the commander size frame.
The new 1911 jig is available for pre-order as a kit including tooling and other accessories for 5. It’s also offered alone for those that already have the tooling and costs 0. This machine is commonly confused with the hot topic of 3D printing guns, but this is a desktop CNC milling machine, not a 3D printer; it cuts metal and polymer.
From Ghost Gunner:
The 1911 Starter Kit is now available for pre-order. It will include our improved 1911 jig and necessary collets, bits, end mills, and code needed to complete 1911 frames on the GG2. We are currently fulfilling the existing backorder and we’ll be shipping new orders out in 3-4 weeks.
With these improvements, the 1911 starter kit is now compatible with Stealth Arms entire 1911 frame line. Including their 9mm frame platform, allowing users to have 9mm, 10mm, 40SW, and 38 Super builds in both Government and Commander size frames.
Includes everything you need to get started milling an aluminum 1911 frame in the Ghost Gunner. Precision machined Delrin fixture for completing Stealth Arms aluminum M1911 80% government and commander frames with either un-ramped or ramped barrel seats, including those which feature tactical rails. Comes with 1/4 in slotting end mill, 1/4 in ball end mill, #34 drill, custom carbide 5/32 in drill, 1/8 in collet, 1/4 in collet, 4 mm collet, 3 M4x16 bolts, 2 M4x20 bolts, 1 M3x20 bolt, 1 M5x25 bolt, 5 M4 washers, 5 M4 nylon washers, 1 M5 washer, 1 M3 washer, and 4 t-slot nuts.
Compatible with all v2 spindle Ghost Gunner CNC mills. Contact us if you have questions about compatibility. Please allow 3-4 weeks for delivery.
A host of changes to the Uniform Code of Military Justice became effective Jan. 1, modernizing definitions for many offenses, adjusting maximum penalties, standardizing court-martial panels, creating new computer-crime laws, and much more.
The changes strike a balance between protecting the rights of the accused and empowering commanders to effect good order and discipline, said Col. Sara Root, chief of the Army’s Military Justice Legislation Training Team.
“We’re pretty excited,” Root said. “It’s a healthy growth of our military justice system.”
Root and three members of her team spent the last year traveling to 48 installations to train 6,000 legal personnel and law-enforcement agents about the changes. Her two-day classes included everyone from judges to law clerks, and privates to generals, she said, and even 600 from other military services.
Many of the changes came about after a review by the Military Justice Review Group, consisting of military and criminal justice experts whose report made recommendations to Congress.
“We’ve had a lot of changes to our system [over the years], but piecemeal.” Root said. She explained that the Review Group convened to take a thorough and holistic look at the system to standardize military law and update the Manual for Courts Martial.
Many of the MJRG’s changes were incorporated into the Military Justice Act of 2016, the 2017 National Defense Authorization Act, and then Executive Order 13825 signed by the president March 8. Additionally, Secretary of the Army Mark Esper signed a directive Dec. 20 that clarifies definitions for dozens of offenses taking effect this week.
“We’ve really needed that much time,” Root said, from 2017 to now, in order to train all members of the Army Judge Advocate General’s Corps. Those attending her classes then needed time to train commanders and others on the installations, she added.
One of the changes replaces the offense of adultery with “extra-marital sexual conduct.” The new offense broadens the definition of sexual intercourse, which now includes same-sex affairs. The amendments also now provide legal separation as a defense.
In the past, service members could be charged with adultery even if they had been legally separated for years but were not divorced. Now legal separation from a court of competent jurisdiction can be used as an affirmative defense, Root said.
Also in the past, prosecutors had to prove traditional intercourse to obtain a conviction for adultery, Root said. Now oral sex and other types of sexual intercourse are included.
Recruits with India Company, 3rd Recruit Training Battalion, prepare and practice for their initial drill evaluation on Peatross Parade Deck Sept. 14, 2018 on Parris Island, S.C.
(U.S. Marine Corps photo by Sgt. Dana Beesley)
Protecting Junior Soldiers
UCMJ Article 93a provides stiffer penalties for recruiters, drill sergeants and others in “positions of special trust” convicted of abusing their authority over recruits or trainees.
The maximum sentence was increased from two years to five years of confinement for those in authority engaging in prohibited sexual activities with junior Soldiers. And it doesn’t matter if the sex is consensual or not, Root said, it’s still a crime.
Article 132 also protects victims and those reporting crimes from retaliation. An adverse personnel action — such as a bad NCO Evaluation Report, if determined to be solely for reprisal — can get the person in authority up to three years confinement without pay and a dishonorable discharge.
Article 123 provides stiff penalties for Soldiers who wrongfully access unauthorized information on government computers. Distributing classified information can earn a maximum sentence of 10 years confinement, but even wrongfully accessing it can get up to five years in jail. Unauthorized access of personally identifiable information, or PII, is also a crime. Intentionally damaging government computers or installing a virus can also bring five years in the clinker.
Article 121a updates offenses involving the fraudulent use of credit cards, debit cards or other access devices to acquire anything of value. The penalty for such crimes has been increased to a max of 15 years confinement if the theft is over id=”listicle-2632036233″,000.
If the theft is under id=”listicle-2632036233″,000 the maximum penalty was increased from five to 10 years confinement, and this crime also includes exceeding one’s authorization to use the access device, for example, misusing a Government Travel Card.
Cyberstalking is also now included as a stalking offense under Article 130 of the UCMJ.
Support for military sexual assault victims and the number of reported offenses have increased in recent years, resulting in more investigations and courts-martial involving sexual assault charges.
(U.S. Air Force photo/Tech. Sgt. Samuel Morse)
A “bench trial” by a judge alone can now determine guilt or innocence for many offenses. Almost any charge can be referred to such a forum, except for rape and sexual assault, which requires referral to a general court-martial. However, if the offense has a sentence of more than two years, the accused has a right to object to such charges being referred to a bench trial and could request a special or general court-martial.
If found guilty at a bench trial, Root said a Soldier cannot be given a punitive discharge and the max sentence would be limited to no more than six months forfeiture of pay and no more than six months confinement. The judge can still adjudge a reduction in rank.
“It’s a great tool that we’re really excited to see how commanders use it out in the formations,” Root said.
More than half of the cases in the Army actually are settled by plea agreements in lieu of a contested trial, Root said. Commanders have always had the authority to limit the max sentence with a plea agreement, but she said now they can agree to a minimum sentence as well. This might result in a range for the judge to sentence within, for example, no less than one year confinement, but no more than five years confinement.
If a case goes to a non-capital general court-martial, the panel has now been standardized to eight members. In the past the size of the panel could vary from five to an unlimited number, but often around 10-12 members. Now each general court-martial must begin with eight panel members, she said, but could continue if one panel member must leave due to an emergency during trial.
Special courts-martial will now be set at four panel members. A court-martial convening authority can also authorize alternate members to be on a special or a general court-martial, she said.
Capital offenses such as murder require a 12-member panel.
For a non-capital court-martial, three-fourths of the panel members must agree with the prosecution to convict the accused, she said. For instance, if only five members of an eight-member panel vote guilty, then the accused is acquitted. A conviction for a capital offense still requires a unanimous verdict.
Congress expanded judges’ authorities to issue investigative subpoenas earlier in the process, for example, to obtain a surveillance video from a store. One of the most significant changes is that now military judges can issue warrants and orders to service providers to obtain electronic communications such as email correspondence.
In the past, trial counsel had to wait until preferring charges to issue investigative subpoenas. Now, with the approval of the general court-martial convening authority, trial counsel can issue subpoenas earlier to help determine whether charges are necessary. For electronic communications, the government previously had to rely on federal counterparts to assist with obtaining electronic communications.
“Being able to have these tools available earlier in the process is going to be helpful for overall justice,” Root said.
The changes also call for more robust Article 32 hearings to help the commander determine if an accused should go to trial, she said. For instance, a preliminary hearing officer must now issue a more detailed report immediately after an Article 32 hearing’s conclusion. In addition, both the accused and the victim now have the right to submit anything they deem relevant to the preliminary hearing officer within 24 hours after the hearing specifically for the court-martial convening authority to consider.
Aimed at speeding up the post-trial process, immediately following a court-martial, audio can now be provided to the accused, the victim, and the convening authority in lieu of a verbatim transcript which will be typed and provided later, but prior to appeal.
A number of other procedural changes are aimed at making the military justice system even more efficient, Root said.
More changes to punitive offenses also take effect this week. For instance, the definition of burglary has changed to include breaking and entering any building or structure of another, anytime, with the intent to commit any offense under the UCMJ. In the past, burglary was limited to breaking and entering the dwelling house of another in the nighttime.
The penalty for wearing unauthorized medals of valor has increased from 6 months to a max of one-year confinement along with forfeiture of pay and a bad-conduct discharge. This includes wearing an unauthorized Medal of Honor, Distinguished Service Cross, Silver Star, Purple Heart, or valor device. The maximum penalty for wearing any other unauthorized medal is still only six months.
Regarding misconduct that occurred prior to Jan. 1, the changes to the punitive articles are not retroactive, Root said. However, some of the procedural changes will apply to cases that were not referred to trial before Jan. 1.
All members of the JAG Corps are trained in the changes and ready to go, Root said.
“We’re pretty proud that our commanders are really at the center of this,” she said, “and it just gives them some more tools for good order and discipline.”
In an interview with We Are The Mighty, the man behind the camouflage pattern, Guy Cramer of HyperStealth Biotechnologies, says there were very specific reasons why the Afghan army chose the uniforms it did, and that it wasn’t a decision imposed by the Pentagon.
1. The camouflage is actually perfect for the environment
Pentagon watchdogs argue the Afghan army uniform is built in a pattern that won’t help conceal soldiers in about 98 percent of Afghanistan’s environment. The country is mostly desert, rock or arid (think the New Mexico or Arizona mountains) and the green-heavy pattern the Afghan army adopted isn’t suited to most of the battlefields soldiers would fight in.
Cramer told us, however, that at the time the army adopted its pattern, most of the fighting was going on in the agricultural areas of Afghanistan’s south, among ribbons of lush growth flanking irrigation canals and croplands.
The pattern adopted by the Afghan army is similar to one that was developed for a competition in the U.S. Army to find an alternative to the gray-green Universal Camouflage Pattern the service began fielding in 2003. Cramer engineered so-called the US4CES family of patterns that in some tests performed far better than the MultiCam pattern the Army eventually settled on.
One of the things Cramer builds into his patterns is technology to help conceal soldiers at night, not just in daylight. Pentagon watchdogs claim there were several U.S. patterns available for the Afghans to choose from, including the UCP one and the old-style “Battle Dress Uniform” analog pattern.
But Cramer says the UCP and others “glows” at night when seen through night vision — a technology that’s becoming increasingly available to insurgents and terrorists.
The Afghan pattern is designed to help conceal soldiers during night operations, which are increasingly part of the Afghan army’s tactics.
3. It sets the army apart
Sure, Pentagon watchdogs point fingers — and possibly rightly so — at then Afghan defense minister Abdul Rahim Wardak for his focus on fashion instead of utility in picking the AFPAT over other patterns like BDUs and desert digital. But Cramer says one of the things Wardak was looking to do was to set his forces apart from the rest of the hodgepodge of Afghanistan’s security forces.
“He wanted it to be distinct,” Cramer said. “The ANA is highly respected in Afghanistan and he wanted his troops to look different.”
Sounds kinda like the Marine Corps, doesn’t it?
Also, and potentially more importantly, Cramer argues that making a distinct, licensed pattern for the ANA is safer for the troops because it’s harder for insurgents to disguise themselves as friendlies and infiltrate bases.
“Anyone can get their hands on BDUs,” he added.
In fact, there have been several incidents in Afghanistan where insurgents have slipped inside friendly lines wearing Army UCP-pattern uniforms, and the Afghan army wanted to avoid that at all costs, Cramer said.
The fur is flying over the alleged “waste” of $28 million in an Afghan uniform that’s suitable for just 2 percent of Afghanistan’s terrain (if you just include “forest” as your measure), and there’s certainly a lot of waste, fraud and abuse to go around when it comes to bankrolling America’s Afghan allies.
But as with any Washington kerfuffle over Pentagon spending, there’s at least a little more to it than meets the eye.