Can sharing a news article on Facebook violate Article 88 of UCMJ?

1LT Private RallyPoint Member — Wed, 22 Apr 2020 18:12:20 -0400

I've noticed this on Facebook. An Army officer shared an article from New York Times. A soldier pointed out Article 88 of UCMJ. I don't see how that would apply in this case because there were no contemptuous words used by the original Poster. I've researched this a bit and tried to look at past cases but does this example violate Article 88?

Response by 1SG Private RallyPoint Member made Apr 22 at 2020 6:15 PM

1SG Private RallyPoint Member — Wed, 22 Apr 2020 18:15:20 -0400

I would say no, but I'm thinking an Army officer should be a lot more circumspect on social media too.

Response by MCPO Roger Collins made Apr 22 at 2020 6:26 PM

MCPO Roger Collins — Wed, 22 Apr 2020 18:26:49 -0400

“ Active-duty members may not engage in any partisan political activity, even on social media sites. Posting of any direct links to political parties, partisan candidates, campaigns, groups or causes is the equivalent of distributing campaign literature on behalf of the individual or party, which is prohibited.”

Excerpt from...

https://www.army.mil/article/84850/you_posted_what_on_facebook

You posted what on Facebook?

Response by Lt Col Private RallyPoint Member made Apr 22 at 2020 8:21 PM

Lt Col Private RallyPoint Member — Wed, 22 Apr 2020 20:21:47 -0400

I would say on the surface sharing an article would not be, but sharing one with an opinion, while you have your status on your profile might cross the line. I suppose if you post constantly derogatory articles about the president constantly it might show the intent that you are making a political statement. Everything is based on appearances, so that matters. I think there is line that one can easily cross if they are not careful.

Response by LTJG Richard Bruce made Apr 22 at 2020 8:54 PM

LTJG Richard Bruce — Wed, 22 Apr 2020 20:54:54 -0400

Promotion is highly competitive. Anything an officer does in public will affect his OER (Fitness Report). Participate in social media with a fake ID. Keep an happy face in public.

Response by CSM Charles Hayden made Apr 22 at 2020 10:01 PM

CSM Charles Hayden — Wed, 22 Apr 2020 22:01:48 -0400

You might guide the poster to utilizing an ‘Anonymous’ name/profile on FB or other social networking sites.

Response by LTC Private RallyPoint Member made Apr 23 at 2020 4:48 AM

LTC Private RallyPoint Member — Thu, 23 Apr 2020 04:48:12 -0400

I make a general rule to not Facebook friend anyone I currently work with (most of the time).
I also have nothing military in my cover or profile photo to ensure no one thinks I'm in the / representing the Army.

I'm also glad Social media wasn't around when I was Enlisted / a Jr Officer.

Response by MAJ Private RallyPoint Member made Apr 23 at 2020 5:09 PM

MAJ Private RallyPoint Member — Thu, 23 Apr 2020 17:09:32 -0400

Here’s the problem...violations of the UCMJ can be whatever the convening authority, typically your CG, says they can be. I believe you’d be more likely charged with violating Article 133, but far more likely to receive a career ending letter of reprimand. I’d do what others are saying, and not post anything.