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Theben
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Dance Dance for the Revolution!
Jan 1970 time: 00:31
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Okay, read the column.
The sargeant major is, if quoted correctly, being an azz. Hill has a better assessment but I think his reasoning is faulty. The two men obviously have feelings for the women already, otherwise they would not have converted to Islam. To keep them out of touch with their wives (or even if not married, fiances) and leaving the women in dangerous settings will cause the men, IMHO, to be even more distracted from their duties.
The men should get punished for disobeying a direct order, but the army should take a serious look at the idiot issuing the order.
Last edited by Theben on 04-10-2003 at 22:04
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yavoon
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happens all around world. if poor unskilled dirty men w/ big dongs could marry american women they would.
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MichaeltheGreat
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Apolyton Grand Executioner
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mooning the house that Ruth built.
Oct 1999 time: 21:31
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quote: Originally posted by Kirnwaffen
Out of curiosity, is there any way to contend that the order, assuming it was given, was unlawful? |
It's a very "interesting" area of military law. That's why you usually Art. 15 these guys and ream 'em that way, or else give them an SCM and take a stripe or two, but don't admin sep them or less than honorable them.
Just going out for fun and ****ing the locals can be clearly regulated as service discrediting and detrimental to good military order and discipline under the General Article of the UCMJ - either for officers or for enlisted.
Marriage with a foreign national of age and local legal ability to consent is a bit tougher, because it is in general a universally recognized and sanctioned relationship. The legal argument for proscribing unauthorized marriage or requiring command authorization rests on whether there's a service discrediting or order and discipline contravening issue within the meaning of the UCMJ General Article - that's the only possible source of authority.
The problem there is two-fold. One, is the activity in question clearly in a prohibitible category under the General Article? AFAIK, marriage to a consenting adult has never been found to be a clearly prohibitible act.
The second, tougher part, is how far does command authority stretch to make a marginal or even arguable incorrect determination that an act could or should be prohibited under the General Article?
In military law, an order from proper authority is presumed to be valid and lawful unless shown otherwise, and the burden of proving the order invalid or unlawful is on the party who would disobey that order. That means that marginal or questionable orders will be viewed in favor of the command authority. There's always a line somewhere, between "questionable judgment" and "clearly unlawful" but where that line falls is a pain in the ass to determine.
I would expect that a legal challenge to the permission to marry requirement would be resolved in favor of the command authority, on the basis that the order and discipline needs of the service and it's mission outweighs individual rights, but I wouldn't bet my life savings a military court or CMR or CMA would rule that way. I'd give it 10:1 odds, but not absolute.
There's also a whole political question, especially with these guys being reservists, which is why violations of this rule are almost never prosecuted.
The one thing that is for sure is that the military can not void the marriages or deny their legitimacy, unless there's actual evidence of a sham marriage. (same as immigration law in that instance)
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DRoseDARs

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"My god, it's full of peas..."
Jul 2002 time: 21:31
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*Sigh*
Ted, Drake
Anyway, you're missing the point about the extremists and what they think. What matters is, even if they ARE in the minority, that their numbers might be large enough that they can influence how the goverment of Iraq forms and thus its policies and attitudes, let alone those of the general population. The most vocal voices are the ones that often end up shaping things, regardless of general sentiment.
You seem to enjoy naively dismissing the possiblility that the extremists living in Iraq could be influential enough to cause problems down the line. That will cost lives down the line as well. We need to be careful in how we antagonize the radical forces. Building upon the secular foundation of Iraq's former government is obvious, but the religious culture is what we must be warry of. Extremists have a way of converting fence-sitters based on seemingly minor incidents.
F*** what other people think, eh? Gee, that sounds familiar...hmm..oh yeah, that's what got the US into this in the first place WITHOUT broad international support (prior to the war AND on-going), costing us a great deal of diplomatic capital. Yeah, maintaining that mentality will really help us in the future, especially if the rest of the civilized world should one day get fed up with it...
Brilliant policy.
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