Question for the DU vets about speaking ill of superiors.

[moof]

Is there some protocal that basically forbids military personal from saying anything negative about the military while they are active ?

[Nlighten1]

1. Yes.

Disrespect of any sort is illegal and it doesn't even have to be verbal...non-verbal gets the same sort of punishment.

[Kelvin Mace]

2. Yeah, it's called

insubordination. <s>

It's why Bush like to speak before military audiences. Those not buying the BS know better than to express that view.

[LagaLover]

3. No, there is not.

Not against the military as a whole. I'm on active duty, and if I want to say the Air Force or the army or the navy sucks, I can do so. If I want to say the military is full of dumb assholes, I can say that too. However, one CANNOT say insulting things about one's superiors. And officers cannot disparage other officers (even of equal or lesser rank) in front of enlisted personnel or officers junior to the officer being disparaged.

[punpirate]

9. This is particularly a UCMJ issue...

... relating to enlisted personnel. An enlisted person making general and unspecific complaints about an officer or the military cannot be tried--however, an officer making complaints about the commander-in-chief or the military hierarchy can be tried for insubordination.

This has nothing to do with, however, the obligation to disobey an unlawful order--that is clearly specified in the UCMJ for both officers and enlisted personnel.

The military equivalent of slander of an officer, by an officer or an enlisted man is actionable, but it has to be a specific charge--it cannot be simply, "so and so is an asshole." It has to be related to a specific charge of wrongdoing by another service member.

[LagaLover]

10. No, that is not the case

If I refer to my superior officer as an asshole, to either another military member or to my superior's face, that is a violation of the UCMJ: disrespect to a superior commissioned officer and conduct unbecoming. Same as if an enlisted person called me an asshole and was overheard by another military member. It is conduct prejudicial to good order and discipline, disrespect, and (if the person is an NCO) conduct unbecoming.

[punpirate]

13. Note: I said general, not specific...

A negative comment directed specifically to a specific superior is actionable. That's not what I said. Read the UCMJ. General comments are protected.

[LagaLover]

14. You said:

"it cannot be simply, "so and so is an asshole." Yes it can. If I say to my co-worker, you know that Col Smith(the so and so in your analogy)? He's an asshole! Then I have just committed a UCMJ offense.

[0007]

19. Here we go again, 'eh?

[LagaLover]

20. You might learn something

or, maybe not!

[0007]

21. Your absolutely right young lady, I can learn something from

most anyone.

[0007]

22. BTW, I would hope your not on taxpayers time while your banging away

on these boards.

[LagaLover]

25. It's none of your concern, but

1. I am on convalescent leave
2. When I am at work, I sometimes work shifts, so you never know when I might be on!

[0007]

29. Your right young lady, it is none of my concern, but

I do worry about the taxpayers getting ripped off.

[LagaLover]

30. Fear not,

I pay taxes as well.

[0007]

32. Isn't employment wonderful?

[LagaLover]

34. Yes, it is

That's with education, discipline, and focus gets you!

[LagaLover]

23. You know,

your "young lady" remark is very condescending and sexist, don't you? If you have a problem with me, let's take it it PM so we don't bore everyone else with our petty differences. Thanks!

[0007]

27. Our petty differences? LOL!!

You are at least forty years younger than I'm, so addressing you as a young lady is neither condescending or sexist by any stretch of the imagination except in your narrow minded world. And you should feel complimented, not unless your an old prude.

I was born in 1933 what year were you born?

[LagaLover]

28. The term

"Young Lady" is frequently used to "put women in their place." I don't appreciate it. In the military, one does not use the term "young lady" as a form of address, it is presumed to be unprofessional. If you were to describe a young solider as, "the young lady over there," that would be fine.

A gentleman never asks a lady her age. But, you are not 40 years, or more, older than I. Another assumption gone wrong.

[0007]

31. Then you should take it as a compliment and not as a

derogatory term.
As far as I'm concerned your a 'Barkley Hunt.' If your older than I suspect, you'll know the term.

[LagaLover]

33. I'll take it as I

like. As I said, I see it as condescending.

Wow a BIG man! Using a euphemism to refer to a woman with the most vile word available. Your mommy must be so proud of you!

[0007]

38. It was not meant to be considered harsh, blunt, or offensive

in any shape way or form. In fact you may even take it as being auspicious.

Not wise to surmise, young lady!

[LagaLover]

39. I suppose referring to me as another vile term--Barkley Hunt

was not meant to offend either? Please. You think I don't know what that means? Like I said, your mommy must be so proud of you!

[punpirate]

24. Okay... some of the code:

Here's specific mention of insubordination, and it makes no mention of grumbling:

(1) Mutiny. Article 94( a)(1) defines two types of mutiny, both requiring an intent to usurp or override military authority.

(a) Mutiny by creating violence or disturbance. Mutiny by creating violence or disturbance may be committed by one person acting alone or by more than one acting together.

(b) Mutiny by refusing to obey orders or perform duties. Mutiny by refusing to obey orders or perform duties requires collective insubordination and necessarily includes some combination of two or more persons in resisting lawful military authority. This concert of insubordination need not be preconceived, nor is it necessary that the insubordination be active or violent. It may consist simply of a persistent and concerted refusal or omission to obey orders, or to do duty, with an insubordinate intent, that is, with an intent to usurp or override lawful military authority. The intent may be declared in words or inferred from acts, omissions, or surrounding circumstances.

With regard to grumbling by enlisted personnel (which I address) toward superiors or the commander-in-chief in general:

http://writ.news.findlaw.com/commentary/20030619_falvy....

Further, I think that no formal courts-martial proceedings could apply Articles 88 and 91 in the context of other than direct face-to-face confrontations of subordinate to superior.

If you are enlisted and work in an outfit in which everyone tattles on you for complaining about the boss and are courts-martialed for the offense, you and your peers would spend all your time in front of brass, rather than doing the job.

I'm talking about the military and the UCMJ, not the apparently chickenshit outfit you serve in. If you really believe that bitching about upstairs to a peer in private is a violation of the code, you really need to get out, now. Sorry, man, but that's warped. Public--that's another matter. That gets you in trouble. I'm not talking about calling the OIC a jerk to his face in front of witnesses. I'm referring to simple bitching--the code does protect against prosecution for that.

It's the soldier's right to complain. Find me a JAG who doesn't support that.

Cheers.

[LagaLover]

26. If that peer turns you IN

then you have a problem, period. And yes, the UCMJ does protect simple bitching and whining. Calling your OIC a jerk after he or she has left the room, and if overheard by a jerk, will land you in hot water.

[sampsonblk]

15. You can't say that stuff

Not in the press. At the barracks is fine, but you say that stuff in the papers and you are going down.

[LagaLover]

16. BS

I can say that the army is full of neo-nazi skinheads all I like. I can say that the Navy is made up of a bunch of mommas' boys who all drink too much and screw prostitutes all day long. I can say that, in general, the leadership of the Air Force sucks. I'd be under pressure to support those assertions, but just saying it is not a UCMJ offense.

[oneighty]

36. Hey! I resemble that remark

What you said-I was born of woman-a Momma's boy! I often drank all day and frequently did that other thing too.

But just because this sailor boy was like that does not give you the right to tell all the whole world.

You are on report!

180

[LagaLover]

37. Cool!

I've never been on report before.

[Another Bill C.]

4. UCMJ

888. ART. 88. CONTEMPT TOWARD OFFICIALS
Any commissioned officer who uses contemptuous words against the President, the Vice President, Congress, the Secretary of Defense, the Secretary of a military department, the Secretary of Transportation, or the Governor or legislature of any State, Territory, Commonwealth, or possession in which he is on duty or present shall be punished as a court-martial may direct.
889. ART. 89 DISRESPECT TOWARD SUPERIOR COMMISSIONED OFFICER
Any person subject to this chapter who behaves with disrespect toward his superior commissioned officer shall be punished as a court-martial may direct.

[LagaLover]

6. Looks like they'll have to amend that article

and replace the Secretary of Transportation with the Secretary of Homeland Defense...

[Hubert Flottz]

5. "The Army takes care of it's own!"

As long as you play the game the lifers will support and protect you! When you don't go along with the program the lifers will all turn against you! The "Band Of Brothers" deal goes to the top of the chain of command and it is not always a good thing! Step out of line and they will ALL step on you!

[atreides1]

7. LIFER

Lazy
Incompetent
Fucker
Expecting
Retirement

LIFER

[Hubert Flottz]

8. NCO

NO
CHANCE
OUTSIDE

[LagaLover]

12. Never heard that one before! N/T

[LagaLover]

11. Yeah,

Making $100K a year too.

[Hubert Flottz]

17. $100k a year torturing shackled lady prisoners for Bushco?

Or Wal-Mart? Don't forget the jobless recovery your Chief is lying about also!

[LagaLover]

18. Well the folks who did that

weren't all lifers. You gotta be an O-4 or to make that much.

[atreides1]

41. Not all of Them

Just the selected few.

[Hubert Flottz]

35. Officer's Code

Snip>

"As an officer, your most valuable possession is your character. The code means nothing unless officers of character execute customs and traditions. Of the many qualities that comprise an officer's character, three of the most essential will be reviewed."

Snip>

First - "HONOR. This implies the strict adherence to actions and principles considered to be right. Your honor is your proudest possession. Your word and signature are your bonds. You shouldn't quibble or slant the truth. State the facts, regardless of the outcome. Any decision you make should be fair and devoid of bias or favoritism."

snip>

Second - "LOYALTY. As an officer you owe loyalty to the nation, the Commander-in-Chief, superiors, peers, and subordinates."

snip>

Third - "DUTY. This is the conduct required by your sense of obligation, justice, and morality. The concept of duty is broad and means service to your country, superiors, and subordinates. Also, It means performance of all tasks regardless of personal risk or discomfort. Your performance of duty, therefore, requires unqualified dedication, acceptance, and seeking of responsibility, obedience, and courage."

http://www.benning.army.mil/iobc/customs/officer_code.h...

The explainations for each rule are laid out in the entire piece!

[Dhalgren]

40. If I understand your question correctly

the answer is no, there is nothing stopping any active duty member from saying "anything negative about the military". And you can say anything, at all, to or about anyone as long is it is truthful and you say it with respect. Now that is for the legal ramifications, not the personal. Many officers in the military are martinettes in that they take thier position extremely seriously. And many of them are not above taking personal retribution on an enlisted person or a junior officer. If a military member is a witness to a crime - regardless of who committs that crime - he/she is obligated to report it.