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Explain this verdict to me.Follow

#1 May 19 2004 at 9:38 AM Rating: Good
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Regarding the court marshalls for the Iraqi prisoner abuse:
"The 24-year-old also will be discharged for bad conduct, and demoted -- meaning any future benefits will be at a lower rate than they would have been."

Do you still collect benefits after being discharged for bad conduct? And, if so, why is this guy being allowed to continue to get benefits from the government?
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#2 May 19 2004 at 10:01 AM Rating: Good
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The government/military takes care of its own, I suppose?
#3 May 19 2004 at 10:21 AM Rating: Good
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Now this is just my personal opinion but......Someone higher up knew this was going on. In fact they probably ordered it. I dont think the higher-ups feel bad the abuse went on(I'm sure some of them are upset but overall,)they just feel bad the soldiers got caught. How hard can they punish someone for doing what they are told? /flames accepted....
#4 May 19 2004 at 10:36 AM Rating: Good
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Godwin's Alert!

We didn't really take "I was just following orders" as an excuse from the concentration camp guards, did we?

Seriously, I'm not even trying to raise a fuss here. I'm wondering if I'm interpreting this correctly since I'm not knowledgable on military benefits and discharges.
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#5 May 19 2004 at 10:53 AM Rating: Decent
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Quote:
Someone higher up knew this was going on


Exactly, they will allow him to recieve benefits because of this. He was ordered to do so and he gets punished for this. The officers higher up figured they could at least give him a break being they were the ones barking the orders.

Quote:
Do you still collect benefits after being discharged for bad conduct?


Yes, and no. Depends on what type of discharge. He was discharged for bad conduct and discharged from the military doesnt look good on a job resume, but it depends on why.

When he enlisted he signed a written contact that included benefits and his agreement on years of service. Depending on how many years he went throught he might have possible Retirement funds aviable to him.
He still retains the benefits otherwise the government would be enlisting people, promise them this and that then discharge them before they recieve these.

Quote:
"I was just following orders"


One of the biggest things of the military is to take orders. No questions asked. But, there is rules to this and well, its really long. example: Ordered to do an illegal activity
Military laws does go very in depth for following orders.


Quote:
The government/military takes care of its own, I suppose?

Yes they do, one of the biggest reasons people enlist. Not for patrolism, thats rare(in our current society), but for money, insurance, and retirement.

Edited, Wed May 19 11:53:09 2004 by Donuil
#6 May 19 2004 at 11:13 AM Rating: Good
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Jophiel wrote:
Godwin's Alert!

We didn't really take "I was just following orders" as an excuse from the concentration camp guards, did we?

Seriously, I'm not even trying to raise a fuss here. I'm wondering if I'm interpreting this correctly since I'm not knowledgable on military benefits and discharges.

I'm just just saying I think thats why they are recieving the benefits....because someone higher up knew what was going on and probably felt guiltySmiley: grin.
#7 May 19 2004 at 12:50 PM Rating: Decent
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We didn't really take "I was just following orders" as an excuse from the concentration camp guards, did we?



Although this has nothing to do with the benefits aspect...

How can you compare the attempted irradication of a race to a group of (alleged) people with terroritic ties being basically hazed? How many of those people died? None.

I agree with Spawned, I think those orders came from higher up as well..

/shrug
#8 May 19 2004 at 1:14 PM Rating: Good
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Actually, there are some questionable deaths from the jails. It's cool though, because only the terrorists and killers were killed whereas the innocents in confinement probably weren't, right?

That aside, the bright red "Godwin's Warning" was also to indicate that what I was saying was largely tongue-in-cheek. You'll note my next sentance begins with the word "Seriously", indicating that I am done being deliberately facetious. I will say though that I don't accept "we were following orders" as a valid excuse for breaking the law or violating conventions. I guess I'm not a good soldier.
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#9 May 19 2004 at 3:15 PM Rating: Excellent
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If I remember correctly, I think a Bad Conduct discharge is one step above dishonerable discharge
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#10 May 19 2004 at 3:39 PM Rating: Decent
I heard on NPR that they were placed on "special" courtmarshal, meaning they could only serve a maximum of 1 year in confinement if found guilty, along with the disorderly conduct discharge.
#11 May 19 2004 at 3:47 PM Rating: Good
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Bad Conduct Discharge (BCD, aka Big Chicken Dinner), is the worst you can get. It is one of the only "true" dishonorable discharges you can get. Your SSN gets flagged with a "0" and your forever known to have been discharged that way. If you really ***** up you get this.

Other discharges (like general for minor drug use, failing the PRT,etc.) are General Discharges and turn honorable after 6 months. But they are not looked at as true honorable discharges as your DD-214 (discharge papers) note the reason you got out.

Each level of discharge gains a certain amount of benefits. When I got out they gave me a list that noted what each level of discharge retained, and BCD retained the least (although still some). With a BCD you lose your college fund, use of gov't facilities and such...but still maintain things that you have contributed to (like GI bill I believe but an not 100% sure).

If I had a scanner I would scan in the sheet and post the pic of it.
#12 May 19 2004 at 3:54 PM Rating: Decent
Quote:
Now this is just my personal opinion but......Someone higher up knew this was going on. In fact they probably ordered it. I dont think the higher-ups feel bad the abuse went on(I'm sure some of them are upset but overall,)they just feel bad the soldiers got caught. How hard can they punish someone for doing what they are told? /flames accepted....


Agreed. Rummy has said everything but "Yes I approved the program."

I personally think even blaming it on just the grunts and no real higher-ups is a travesty. I guess it's the power they wield..
#13 May 19 2004 at 4:26 PM Rating: Excellent
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Well, that answers that question then
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#14 May 19 2004 at 4:27 PM Rating: Decent
The other thing is benefits from the VA and other organizations the give veterans benefits. The reason he was demoted was that if you are sentenced to the brig you are automatically demoted to E-1. This is done as to not let military protocall get in the way of the guards doing their job. For example a SSgt gets busted for something and is sentenced for a year in the brig. If he retained his rank he would have to be afforded different quarters and curtisies that prisoners of lower rank as well he would outrank the majority of the guards in the brig.

On to another subject.

1. An illegal order WILL NOT BE FOLLOWED!!! Following an illegal order makes you as guilty as the person issuing the order. So they were guilty whether they were given an order or not.
2. The Court Martial was probably convened by an officer outside the command. He didnt give this soldier preferential treatment please you all act as though the US military is the boyscouts or something. The US military is a professional military service the best trained fighting force this planet has probably ever seen. It isnt some good ole boy group of guys who go around shootin **** up. If anything the courts martials will be harder on these people as they have brought a disgrace upon the US Military.
3.
Quote:

The government/military takes care of its own, I suppose?



Yes they do, one of the biggest reasons people enlist. Not for patrolism, thats rare(in our current society), but for money, insurance, and retirement.


Are you freaking kidding me???? We do it for the money huh? I guess that would explain why the majority of the Military exists below the poverty line. I have been in the Military for over 14 years, attained the rank of Gunnery Sgt (E-7), have very specialized training that would fetch almost 6 figure saleries in the civilian world know what I make a year? less than 50k that's with my housing allowance. And for making all that money I get to be deployed away from my family about 6-8 months a year on average, get shot at in far off countries, live in mud holes, and eat food stamped with the label "for Military or livestock consumption only". Your right we do it for the money. MORON.

#15 May 19 2004 at 5:35 PM Rating: Good
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Look at the pictures. That **** was obviously staged, and when the pics somehow went public, well, someone has to take the fall right? It sure isn't going to be the people giving the orders.
#16 May 19 2004 at 6:36 PM Rating: Good
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OutcastNecro the Silent wrote:
Look at the pictures. That **** was obviously staged, and when the pics somehow went public, well, someone has to take the fall right? It sure isn't going to be the people giving the orders.


The fact that the pictures were obviously staged is part of what makes this a difficult issue to just blindly point the finger of blame around.

First off. You have to determine exactly what actions were taken. If all these soldiers did was take staged photos of naked prisoners designed to imply that they were being tortured, then you've got a problem. That sort of tactic is completely legal depending on what sort of prisoners you are dealing with.

For this, we get back to the concept of illegal-combatants (which is defined in the Geneva Conventions). If the prisoners that were in the photos were just criminals rounded up by the local Iraqi security forces, then they cannot be used in that way. If the prisoners are legitimate PoWs (uniformed combatants taken prisoner during the war), then they cannnot be used in that way. However, if they are people who were captured in an "occupied" area, who did not identify themselves as combatants at the time the area was occupied, and who stayed in the area possing as civilians, and who then used that cover to make attacks on the occupying force, then they most definately fall under the "illegal combatant" catagory and are not protected to the same degree by the Geneva Conventions.


If those prisoners fall into that category, then they can be stripped and photoed. They can be subject to some forms of torture (psychological specifically). They can be deprived of contact with the outside, and a number of other "rights" that normal prisoners have.

It is very common practice when you've captured illegal combatants to use various psychological means to get information out of them. This includes using photos and sounds to convince them that their compatriots have already been tortured horribly, or killed, or have already confessed, or whatever, in order to get them to talk. This is the kind of stuff that the CIA does with caputured illegal spies all the time (more during the cold war then today though).

So the issue here is whether these relatively low ranked enlisted soldiers had any idea whether this was an illegal order or not. If they were told that these were illegal combatants, and they were ordered to conduct what is really a pretty stadard psy-op on them, then they were under absolutely no obligation to refuse the order. In fact, they could have been courtmarshalled for refusing!


I've heard all sorts of different stories on this. I've heard that the population of the prison only contained PoWs from the war (which would make them uniformed prisoners and entitle them to the highest level of Geneva Convention protection). I've heard that it contained mostly civilian criminals of the "normal" kind (mostly picked up by Iraqi security forces for various crimes like looting and such, which still entitles them to a normal level of rights). I've also heard that the prisoners were "terrorists", which while not an official category according to the Geneva Conventions, can be taken to mean illegal combatant depending on how they came to take whatever action got them imprisoned.

Without knowing who the men in those photos were, and what they were in prison for, and the extent of what was actually done to them, it's pretty much impossible for us sitting at home to make any intelligent assessment of the legality of the actions or the appropriate punishements that should result from them.
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#17 May 19 2004 at 7:36 PM Rating: Decent
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Military justice is something of an oxymoron, and I say that from personal experience. The trials of these enlisted-pukes are not likely to reveal anything new unless one of them ventures outside the military system to retain a high-priced and experienced criminal attorney, which is admittedly not likely to happen. What usually happens in those cases though (and again, I speak from personal experience) is that the presiding officer of the court will cite security issues as a way to avoid allowing the civilan attorney into the court. Which will probably leave the enlisted puke in the hands of a well meaning, but inexperienced young attorney.

As for lawful vs. unlawful orders, unless its blatantly and obviously unlawful, the average enlisted puke is not going to know its unlawful. "Stand next to that naked prisoner and hold this dog leash while I snap a photo" is questionable. Ultimately, the old saw about **** rolling down hill is likely to be the end result of this mess, and some West Virginia trailer park escapee is likely to take the fall for it.

#18 May 19 2004 at 8:02 PM Rating: Decent
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Nice post Gbaji... (O_o)b
#19 May 20 2004 at 2:33 AM Rating: Decent
Man,

Do we all really think that the "Allies" aren't human? That they don't succumb to petty revenge and jealousies, don't want to repay with "an eye for an eye", the people who are taking potshots at them?

Are we all really that naive(sp?)? Yeah sure, we'll go over to Iraq and restore peace and order in a country that blatantly hates "Western society", didn't invite us in, and we'll be the most benevolent, understanding people you've ever met! Good one!

The thing that spins me out is that these dudes are getting in trouble, not for doing the stuff they did, but because they weren't AUTHORISED to do it - they weren't CIA or Special Ops people. The authorities have made it pretty clear that the people in the photos are doing "wrong things", only because they are not the people that have a "legal" right to do it.

So don't feed me **** and say it's steak. Everyone is crying about what they did, but they are not getting in trouble for merely doing the acts they did, it's purely because they weren't the right people to do it.

#20 May 20 2004 at 7:28 AM Rating: Decent
Quote:
Do we all really think that the "Allies" aren't human? That they don't succumb to petty revenge and jealousies, don't want to repay with "an eye for an eye", the people who are taking potshots at them?


I have never seen anyone say our allies are better, it is just for this incident the gulty are Americans, and America will have to take responsibility for their actions, and that will include going after all envolve not the just low level people to be used as a scapegoat, but those that gave the orders and know about it and did nothing to stop it.

Quote:
Are we all really that naive(sp?)? Yeah sure, we'll go over to Iraq and restore peace and order in a country that blatantly hates "Western society", didn't invite us in, and we'll be the most benevolent, understanding people you've ever met! Good one!


Ah yeah if you are in a country and trying to change their way of life to one of peace and tolerance, you can not go around torturing people. To change a person you have to lead by example not be a hypocrit and say Saddam is evil for torturing people, but we have good intentions so it is ok for us to do it.

Quote:
The thing that spins me out is that these dudes are getting in trouble, not for doing the stuff they did, but because they weren't AUTHORISED to do it - they weren't CIA or Special Ops people. The authorities have made it pretty clear that the people in the photos are doing "wrong things", only because they are not the people that have a "legal" right to do it.


IMHO no one has a rightto torture another person, not soldiers, not the CIA, not Saddam, not even police officers. There is no excuse for torture especially if you are part of a treaty saying all a person has to give is name, rank ans serial number. Or are you saying all the tortures that were done to americans in Vietnam are right. As far as some not being uniformed soldiers as an excuse. What is a uniform? A distictive outfit intended to identify those that wear it as members of a specific group. Which can mean a lot of things as to what their dress code is they can use armbands, certain colours, or other articles of clothing to identify them selves.
#21 May 20 2004 at 7:37 AM Rating: Decent
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Are you freaking kidding me???? We do it for the money huh? I guess that would explain why the majority of the Military exists below the poverty line. I have been in the Military for over 14 years, attained the rank of Gunnery Sgt (E-7), have very specialized training that would fetch almost 6 figure saleries in the civilian world know what I make a year? less than 50k that's with my housing allowance. And for making all that money I get to be deployed away from my family about 6-8 months a year on average, get shot at in far off countries, live in mud holes, and eat food stamped with the label "for Military or livestock consumption only". Your right we do it for the money. MORON.


Excuse me, I made a mistake, Im confusing guards/reserves with the active duty personal. But the majority of people I meant were guard or reserve and they did it for money.
Believe alot of people do it for the money.
#22 May 20 2004 at 8:00 AM Rating: Decent
All but one of the people I know that went into military service did it for the benefits. One person went to the marines since he was gungho on the marines, not for patrotic reasons just that it was what he was raised to do. All of the rest did it for scholarships and education.

Edited, Thu May 20 09:01:37 2004 by dirges
#23 May 20 2004 at 8:28 AM Rating: Decent
So that's a sum total of what? 15 people max?
#24 May 20 2004 at 8:42 AM Rating: Good
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Granted, I can only add about four people to the total, but everyone I know who's served joined because they were told in high school by the recruiters that they'd get money for college, learn skills worth all kinds of money in the "real" world, they could get cushy army jobs working on computers and stuff, etc. Of course, all of them, upon leaving the army, said never ever to join and it sucked worse than suck itself.

Again, an admittably tiny sample size, but it's 100% for me Smiley: wink I don't doubt there's people who join for other reasons, but the recruiters who canvass the high schools don't use "great feelings of patriotism and protecting freedom" as their selling points.
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