UCMJ Article 134, Conduct Unbecomming

Posted in the Folkston Forum

Attorney General Hold It

Herndon, PA

#1 Nov 15, 2012
If Four Star Generals Petraeus and Allen are not prosecuted under Article 134 for conduct unbecomming an officer; never again should a lowly enlisted man or junior officer be prosecuted for adultry. Both Generals access to classified matter should be stopped and their security clearances should be terminated.

The smell of hiprocracy and double standard is overpowering.
Sea Lawyer

Kingsland, GA

#2 Nov 15, 2012
Petraeus admitted to adultery as a civilian and does not fall under article 134. No one is claiming General Allen had an affair.

Please name the last time a service member has been prosecuted solely on the charge of adultery.

Don't you find it surprising the amount of daily B/S information being released by the Obama administration and yet dead Americans (Mexico/ Benghazi) takes an act of Congress to get any information?
IDK

Atlanta, GA

#3 Nov 15, 2012
Attorney General Hold It wrote:
If Four Star Generals Petraeus and Allen are not prosecuted under Article 134 for conduct unbecomming an officer; never again should a lowly enlisted man or junior officer be prosecuted for adultry. Both Generals access to classified matter should be stopped and their security clearances should be terminated.
The smell of hiprocracy and double standard is overpowering.
Petreaus retired August of 2011. He is not prosecutable under UCMJ. Before you fire make sure your gun has cleared the holster to avoid shooting yourself in the foot....which is clearly in your mouth.
Simplistic dolt

Cumming, GA

#4 Nov 17, 2012
Sea Lawyer wrote:
Petraeus admitted to adultery as a civilian and does not fall under article 134. No one is claiming General Allen had an affair.
Please name the last time a service member has been prosecuted solely on the charge of adultery.
Mid 80's I knew an O-4 that got cashiered out. She wasn't prosecuted, she wisely chose to resign her commission. Kinda hard to hide the fact that you're 3 months pregnant, stationed in Germany, and your husband has been stateside for 6 months. We had all been cadets together, so it wasn't fun watching that train wreck unfold.

From what I''ve heard, Petraeus is a 4 star arrogant arsehole. Sheesh, ever met a 4 star that wasn't? It's part of the job description. I'm not defending what he did, but I'm not happy with the way both sides have been trying to play him.
Sea Lawyer

Kingsland, GA

#5 Nov 17, 2012
Infidelity is the number one cause of ruined professional carers in the military. Article 134 is never prosecuted. That would be an admission of a failed policy. Unacceptable.

“It's comong.”

Since: Nov 12

Location hidden

#6 Nov 17, 2012
Petraeus could be prosecuted under the UCMJ if the administration so desires. He would have to be brought back to active duty to do so. This has happened in the past.
IDK

Sharpsburg, GA

#7 Nov 18, 2012
Won't happen Senora....name one ex-military member who was forced to return to active duty to face prosecution for infidelity....where at the worst....they would force you to retire. This whole "affair" is a political witch hunt. Clinton, still a political mover today remained in office after his affair with an intern. Barney Frank, whose boy toy ran an escort service out of Frank's abode remains unscathed. The list of infidelities committed by Congressional members is long. If stupidity were a crime, they all would have been convicted.
John

Saint Marys, GA

#8 Nov 18, 2012
........A petitition to the Supreme Court from 1987 also addresses this issue. The case involved a retired petty officer who was recalled to active service for the purposes of courts martial after stealing from the Navy as a civilian employee. The Court of Military Appeals ruled:

A person who enlists in the armed forces changes his status from civilian to serviceman by taking the oath of allegiance.[...] The Fleet Marine Corps Reserve is comprised of enlisted Marines who have completed at least 20 years of active service and have requested a transfer to inactive duty service.[...] Each member of the Fleet Marine Corps Reserve is entitled, when not on active duty, to “retainer” pay, a salary that is computed on the basis of the basic pay received by a servicemember at the time of his transfer to the Fleet Marine Corps Reserve and his years of active duty service in the Marines.[...] A member of the Fleet Marine Corps Reserve may also be recalled to active duty in several circumstances: by the Secretary of the Navy under regulations prescribed by the Secretary of Defense; in time of war or national emergency; in time of peace for up to

[...]

The court ruled that petitioner could validly be court-martialed since he “has never left the Naval Service but instead
has merely been ‘transferred’(in the exact words of the statute) from one component to another — not retired, not discharged, not separated — and continues to receive ‘retainer’ pay in return for his membership in the Fleet Marine Reserve”.
John

Saint Marys, GA

#9 Nov 18, 2012
I googled it!
One of the assumptions surrounding the recent criticism of Rumsfeld is that the retired generals, unlike active-duty officers, are free to criticize the defense secretary without fear of reprisal. Surprisingly, this assumption is untrue. Under the Uniform Code of Military Justice, one of the many activities deemed punishable by court-martial is “contempt toward officials.” This code of laws applies not just to active-duty officers but to retired ones, too. It’s right there in Article 2, Section (a)(5): Persons subject to the UCMJ include “retired members of a regular component of the armed forces who are entitled to pay.”

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