Posted on Aug 11, 2015
What should be the punishment for the National Guard Soldier?
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Responses: 38
Dishonorable discharge. He dis honored himself and the Guard. There's no room for him or anyone like him. Sound harsh? Maybe so but actions have consequences.
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CW4 Guy Butler
Turns out he's subject to action under the Georgia Code of Military Justice regardless of whether he's on or off duty. It's up to the Governor to convene a Court Martial Board, and Georgia just upped their allowable punishments in 2014.
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CMSgt James Nolan
SPC (Join to see) - That depends on the state. Alabama, for example has the Alabama Code of Military Justice, for just this occasion.
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Maj William Gambrell
SFC (Join to see) - That is not accurate. Title 32 also falls under UCMJ authority. Having gone through retirement briefings recently, I was told that even though I am going inactive, I still fall under UCMJ.
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we should all come together to give this guy a life...because, obviously, he doesnt have one.
it makes me thankful...I, too, could be a loser...but I am not.
it makes me thankful...I, too, could be a loser...but I am not.
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If found guilty he should be punished and sentenced IAW the applicable legal standards CH (MAJ) (Join to see) . If he violated the law while on duty he should be tried by court martial if the Article 32 investigation recommends one to the convening authority.
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What ever the laws dictate the punishment should be, then that is what it should be.......on the civilian side. On the military side, loss of rank (2 to be exact in my opinion)
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Was he on active duty? If not it is a civil matter. As much as it pains me, he cannot be held under UCMJ if he was not under orders at the time.
Activate him under Title 13 and then slam dunk him when he does not show up because he is in lock up.
Activate him under Title 13 and then slam dunk him when he does not show up because he is in lock up.
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CW4 Guy Butler
He can be charged under the Georgia Code of Military Justice regardless of whether he was on duty or not. It's the Governor's call.
And Georgia just stiffened their penalties in 2014.
And Georgia just stiffened their penalties in 2014.
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SGT William Howell
CW4 Guy Butler Chief, I wish every state did this. There is so much that the Guard can not prosecute that should be. Good info thanks for sharing.
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I think he should personally apologize to the families of those slain in the Chattanooga attack--for starters.
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This is a good example of why there should ONLY be one UCMJ. If you can't be prosecuted to the same extent as the active duty folks because you aren't on active orders, there is something wrong there and it lessens the authority and legitimacy of the guard and reserve, IMO.
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