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The UCMJ, et al

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The most common thread among recent comments has been about the reality of how the American military legal system is being portrayed; that is, some believe it is a bit over the top.

Guilty as charged. By design, much of what I write is hyperbolic. I believe that my portrayal of the way the UCMJ is unequally enforced, and used a blunt tool to beat down dissent and non-conformity, and punish members that have made an officer look stupid, is accurate.

Infractions and crimes are not equally enforced and similar UCMJ violations are punished unequally. An officer, no matter what illegal or unprofessional act was committed, is typically, at worst, told to walk away (recently, due to much criticism, a few officers have been reduced in rank, but were allowed to retire honorably, with a pension). For a similar offense, an enlisted member will more likely be incarcerated and/or kicked out on a less than honorable discharge.

I have personally seen a security violation where, for the exact same instance and action, a blatant consideration was given to the officer, while the enlisted member, who was actually less culpable, was sent to the brig for six months and given an other-than-honorable discharge. The officer was told that he had been a very bad boy and that he should really try to not be a bad boy.

When a typical 21st century junior enlisted soldier or Marine is compared to a company-grade officer, the knowledge/skills/attributes differ only in level of training. From OCS to TBS to IOC, officer training is longer and more complete and more intense when compared to enlisted boot camp and ITB (49 weeks vs 22 weeks). So why are a group of people that are older and better educated and better trained allowed more tolerance for criminal and non-professional behavior?

It is called elitism. And it is the antithesis of the meritocracy that the American military purports itself to be. Yes, again I admit to being hyperbolic, but it is generally true. The UCMJ is a sword of damocles that is held by officers over the heads of enlisted members in lieu of mastering the principles of leadership.

 

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