Can Active Military Members Take Part In Protests?
Sept 2, 2009 12:49:33 GMT -5
Post by avordvet on Sept 2, 2009 12:49:33 GMT -5
I received the following communication from an A&M POC:
"I heard a woman on GB yesterday a.m. She and her husband were planning on going to the Washington march. Her husband is military. His CO told his unit that to protest the pres or his policies would result in arrest, or, in time of war (like now), death. GB's trying to get more info. GB said that law only applies if you are military and wear your uniform to the protest. Apparently, the guy told his CO that and he said no, it applies to any person in military, uniformed or not."
My Response, Read and pass it along to those concerned:
That would be true, Active military members are forbidden to take part in political protest WHILE IN UNIFORM. As long as they are in civilian clothes they can take part in such protest. That has been around since the Clinton years when many military members (such as myself) were speaking out against Clinton...
The politicians put a clause in the UCMJ many years ago banning the Military from "speaking out" against sitting Presidents and Legislators, imagine that!
But the guys CO is incorrect, a member of the military can protest as long as they are not in an official capacity and in civilian clothes, if this guys CO continues to deny this, I would file a grievance under DOD Directive 7050.6
DOD Directive 7050.6
Military Whistle-blower Protection Act
This Act is the foundation for the Appeal For Redress, our organization. It establishes that every soldier can communicate individually with a member of Congress and Inspector General (IG) without reprisal. Punishment constitutes a violation of Article 92 of the Uniform Code of Military Justice, Failure to Obey Order or Regulation. Once a reprisal is initiated, the soldier can file a complaint with an IG and seek redress from his Commanding Officer (CO). If the CO fails to provide it, the military member has the right to file an Article 138 complaint against the CO seeking redress and restoration to the member of any rights, privileges, property or status to which the member would have been entitled had the wrong not occurred.
Guidelines for Handling Dissident and Protest Activities Among Members of the Armed Forces
This directive explained how to conduct the redress campaign.
Distributing newspapers and/or publications: Soldiers can distribute newspapers—even ones critical of government—at official outlets on base such as post exchanges and military libraries.
Publication of Underground Newspapers: A member of the military may write for an underground publication if it is done off duty and on nonmilitary equipment. Articles in the publication may not contain slanderous language that is punishable under federal law.
Participation in political demonstrations: Soldiers can participate in political demonstrations while off base, off duty, in the United States, out of uniform and not acting on behalf of the military. Military members cannot attend demonstrations where violence is likely to occur.
DOD directive 1344.10
Political Activities by Members of the Armed Forces on Active Duty
Military members:
• may express their personal views on political and social issues.
• may make monetary contributions to a political organization.
• may attend political meetings, rallies, or conventions when not in uniform.
• may write a letter to a newspaper editor expressing personal views on public issues.
• are prohibited from making a contribution to and soliciting or receiving a contribution from another member of the armed forces or a civilian officer or employee of the United States to promote a political cause, including a political campaign.
• are prohibited from using contemptuous words against officeholders and government officials.
"I heard a woman on GB yesterday a.m. She and her husband were planning on going to the Washington march. Her husband is military. His CO told his unit that to protest the pres or his policies would result in arrest, or, in time of war (like now), death. GB's trying to get more info. GB said that law only applies if you are military and wear your uniform to the protest. Apparently, the guy told his CO that and he said no, it applies to any person in military, uniformed or not."
My Response, Read and pass it along to those concerned:
That would be true, Active military members are forbidden to take part in political protest WHILE IN UNIFORM. As long as they are in civilian clothes they can take part in such protest. That has been around since the Clinton years when many military members (such as myself) were speaking out against Clinton...
The politicians put a clause in the UCMJ many years ago banning the Military from "speaking out" against sitting Presidents and Legislators, imagine that!
But the guys CO is incorrect, a member of the military can protest as long as they are not in an official capacity and in civilian clothes, if this guys CO continues to deny this, I would file a grievance under DOD Directive 7050.6
DOD Directive 7050.6
Military Whistle-blower Protection Act
This Act is the foundation for the Appeal For Redress, our organization. It establishes that every soldier can communicate individually with a member of Congress and Inspector General (IG) without reprisal. Punishment constitutes a violation of Article 92 of the Uniform Code of Military Justice, Failure to Obey Order or Regulation. Once a reprisal is initiated, the soldier can file a complaint with an IG and seek redress from his Commanding Officer (CO). If the CO fails to provide it, the military member has the right to file an Article 138 complaint against the CO seeking redress and restoration to the member of any rights, privileges, property or status to which the member would have been entitled had the wrong not occurred.
Guidelines for Handling Dissident and Protest Activities Among Members of the Armed Forces
This directive explained how to conduct the redress campaign.
Distributing newspapers and/or publications: Soldiers can distribute newspapers—even ones critical of government—at official outlets on base such as post exchanges and military libraries.
Publication of Underground Newspapers: A member of the military may write for an underground publication if it is done off duty and on nonmilitary equipment. Articles in the publication may not contain slanderous language that is punishable under federal law.
Participation in political demonstrations: Soldiers can participate in political demonstrations while off base, off duty, in the United States, out of uniform and not acting on behalf of the military. Military members cannot attend demonstrations where violence is likely to occur.
DOD directive 1344.10
Political Activities by Members of the Armed Forces on Active Duty
Military members:
• may express their personal views on political and social issues.
• may make monetary contributions to a political organization.
• may attend political meetings, rallies, or conventions when not in uniform.
• may write a letter to a newspaper editor expressing personal views on public issues.
• are prohibited from making a contribution to and soliciting or receiving a contribution from another member of the armed forces or a civilian officer or employee of the United States to promote a political cause, including a political campaign.
• are prohibited from using contemptuous words against officeholders and government officials.