Wampum

Update: An Open Letter (343rd)

Command will offer quiet, painless general discharges, and reprimands.

You don't have to take their offer.

You can insist on a Court Martial, and put the fact issues on the table.

Traditionally, the active duty component dumps on the reserves, and just as traditionally, the reserves, who are older and who have been there, done that, have lower BS tolerences then ... men and women who haven't yet made it into the reserve component. Traditionally, the active duty component isn't dependent upon the reserves for every drop of gas and every round of ammo they need just to maintain defensive readiness, and traditionally, they aren't stuck wicked deep in Indian Country with an impossible logistics tail to defend.

I urge you all to take your time when considering command's initial negociating offer. You are not responsible for the necessity of running MSR Tampa, either the quiet sections or the hot sections. The impossible situation you are in originates in poor judgement made two years ago, stateside, and your legal situation is really a political situation, which cannot be resolved on your terms anywhere else but stateside, and in the fullest light of day.

You'll get offers. Command will look for the quietest solution. If it isn't to your advantage, you have an alternative.

If you decide you need lawyers, they can be found. If you decide to take the General Discharge, that's your right too under the UCMJ.

I can tell you that from the OSD on down, this little weblog has been the read-of-the-day for the past 36 hours, and that isn't typical for us POAs.

Update:
Writing for Stars and Stripes Eugene Fidell (Harvard Law) had this to say:

... the alleged failure of the reservists to obey a lawful order is “obviously impermissible,” Fidell said. It puts lives at risk, cracks the foundations of military discipline, and can harm morale.

It may have been an unwise order, but you can’t have people refusing orders. It’s hardwired in military life, particularly in combat elements, and that’s not something [leadership] will tolerate."

Jeepers. The actual failure of a law prof to know his area of responsibility is "obviously publishable".

Where do people come up with ... stuff like this?

Professor Fidell apparently is unaware that people, even units, routinely refuse or creatively improve upon "orders", and in a wide variety of circumstances. Some disputed "orders" turn out to be non-orders, for reasons of illegality or intervening circumstances, and some turn out to be stupid orders which command has to straighten out. Oh well, if Rob WIlliams wasn't a visitor at Harvard Law, it wouldn't be a very good place to learn about Federal Indian Law either.

Its only Stars and Stripes. Here is the fink.

Posted by EBW at October 18, 2004 06:37 PM | TrackBack