TMLC: Government Pursuit of LtCol Chessani Continues; Marine Ordered to Face Board of Inquiry

Thomas More Law Center ^ | August 31, 2009 | (no annotation)

[Gene Eric]

ANN ARBOR, MI – Nearly four years after the so-called “Haditha Massacre,” an investigation conducted by over 65 NCIS agents (Naval Criminal Investigative Service) ─ the largest investigation in that agency’s history ─ with the expenditure of millions of taxpayer dollars, and prosecution losses at every stage of the criminal process, the government has decided to give up on the criminal prosecution against Marine LtCol Jeffrey Chessani.  Nonetheless, the battle for this loyal Marine officer continues.

On Friday, August 28, 2009,  the new general in charge of LtCol Chessani’s case, Marine LtGen George Flynn, Commanding General of the Marine Corps Combat Development Command in Quantico, VA, decided that criminal charges were not warranted.  Instead, he ordered LtCol Chessani to face an administrative procedure called a “Board of Inquiry.”

[Gene Eric]

Follow the link to the excerpted article if you have time.
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The Thomas More Law Center asks every American concerned about the future of the military services and our country to help in the fight to defend Marine Corps officer, Lieutenant Colonel Jeffrey Chessani.

[Gene Eric]

For the Haditha/Chessani list

[rcrngroup]

I just finished railing on GW Bush in another post for allowing these politically motivated witch hunt trials of our own military men & women to proceed. Doofus Bush should have slammed the door shut on these political witch hunts and stated in no uncertain terms that we, the U.S. are NOT going to prosecute our own men & women in military, who have to make split second life & death decisions to be hauled up on criminal charges by weenie, politically correct commissars. In this case, Lt Colonel Chessani should have been acquited of every charge, and GW Bush should have ordered all further prosecutions to cease & desist of this man. Instead his nightmare continues under 0bozo. I would love to throw 0bozo & GW Bush right thick into the middle of battle and see how good their split second decisions are with bullets whizzing by their heads.

[Gene Eric]

>> Doofus Bush should have slammed the door shut on these political witch hunts

Definitely.

The politics of the situation are more important than the facts.

[Gene Eric]

Haditha ping list yes/no?

[jazusamo]

Thanks for the pings, Gene. Sorry I missed it Monday, I'd just posted a Sowell thread.

.

HADITHA MARINE PING!

[stephenjohnbanker]

I agree. This is a deep disgrace, and makes a travesty of justice.

[Lancey Howard]

If the Board determines LtCol Chessani should retire, then the Board must also determine if he should retire as a Lieutenant Colonel, or as a Major—a decision that could cost this Marine and his family hundreds of thousands of dollars in pay and benefits.

Earlier reports in the LA Times and the North County Times said that retirement benefits are based on highest rank held and that any demotion would be strictly symbolic.

[Mr Rogers]

Retirement pay is probably based on average base pay during the last 3 years of service. He isn’t old enough to be under the previous system.

[Girlene]

Retirement pay is probably based on average base pay during the last 3 years of service. He isn’t old enough to be under the previous system.

So what does this mean? If he retires after the board of inquiry recommendations, will his pay be based on being a Lt Col even if he's demoted?

[Mr Rogers]

His base pay during his last 36 months is averaged, and then a percentage of it - based on longevity - is paid for retirement. If his last 3 years are as a LTC, and he is demoted and pushed out, then I would think the worst case would be 2-3 months of terminal leave as a major, and 33-34 months at LTC pay.

I’m not a lawyer, and I don’t know if the Board could change that in any way.

[Lancey Howard]

When I was in the Marine Corps Reserve (early ‘80s) I served with a sergeant who was a Vietnam veteran. He was putting in his 20 and his pension was to be based on the highest rank he held. While in Vietnam all the officers in his unit were killed and so he was “field promoted” to lieutenant, a rank he held for only a brief time. Apparently, his pension was to be based on that rank.

[Girlene]

His base pay during his last 36 months is averaged, and then a percentage of it - based on longevity - is paid for retirement. If his last 3 years are as a LTC, and he is demoted and pushed out, then I would think the worst case would be 2-3 months of terminal leave as a major, and 33-34 months at LTC pay.

So essentially, he would be forced to retire immediately to get his highest retirement pay.

[Girlene]

Based on Mr. Rogers posts, it sounds like the pension payout scenario might have changed since then.

[Mr Rogers]

I don’t know how many years he has in, but here is an example - UNLESS the Board can cut his retirement.

Base pay Major 22 years (approx): $6500 LTC $7600

22 years retirement = 55% of base pay.

Last 36 months Major = $3573/month

Last 36 LTC = $4180/month

Last 32 as LTC + 4 as major = average pay $7475, with 55% giving $4100/month.

If the Board can cut retirement pay, then all bets are off. Otherwise, the reduction in pay shouldn’t be more than $100/month, and probably be less.

[Girlene]

Thanks for the example.

[RobbyS]

In the military the view is that anyone above the rank of 0-5 is a politician. LTC’s make operational decisions that generals once did.

[stephenjohnbanker]

That certainly leaves the LTC’s damn vulnerable.

[RobbyS]

Most of them are true “captains” and able to handle it.

[Marine_Uncle]

Charges dropped. One ruined Marine. His blood runs because of so many incompetent people across so many gov.,/civilian orgs.. People with no honor. I am still angry with Gen. Mattis for not doing something early on to stop this charade. He probably had it within his power to do so while serving as Marine Commandant.