NTWLF ONE
5-Year Member
- Joined
- Apr 2, 2016
- Messages
- 226
A reminder to any posters that are active serving military or if you are a cadet who is commissioning that Article 88 prohibits contemptuous speech towards the President, Vice President, Members of Congress, the Secretary of Defense, Services Secretaries, the Homeland Security Secretary and the Governors and legislators of which the service member is assigned or present on duty.
I am all for free and open debate but once you raise your hand than you have an obligation as a service member to keep the tenor high and the exchange respectable. As a young Captain I had a battalion commander during an election insist that we refer to the candidates at the time as Senator Obama and Senator McCain to remind us of their positions vice our own. If you are here and not subject to this then I still implore you to keep that in mind that you are in essence debating off a different plain and to question why disagreements need to be derogatory in nature.
I posted something similar on another thread where several of the posters had "self identified" as AD military officers.
Interestingly, UCMJ Article 88 applies to commissioned officers only, including retirees receiving retirement pay who never resigned their commission. It does not include CWO, enlisted or cadets/midshipmen. If their speech is threatening or contemptuous enough, then Article 134 would apply.
There has never been a case of prosecution for a retiree under Article 88, so most retirees are probably safe. Although to be certain, a retiree could have always given up the retirement pay and resigned their commission instead..