Circumstances in extenuation and mitigation:
832. ART. 32. INVESTIGATION
(b) The accused shall be advised of the charges against him and of his right to be represented at that investigation as provided in section 838 of this title (article 38) and in regulations prescribed under that section. At that investigation full opportunity shall be given to the accused to cross-examine witnesses against him if they are available and to present anything he may desire in his own behalf, either in defense or mitigation, and the investigation officer shall examine available witnesses requested by the accused. If the charges are forwarded after the investigation, they shall be accompanied by a statement of the substance of the testimony taken on both sides and a copy thereof shall be given to the accused.
"Circumstances in extenuation and mitigation: 832. ART. 32. INVESTIGATION ..." [snip]
In line with the above, I decided to post an email my brother sent me this morning regarding his own experience which involved those principles. He wrote {excerpted]:
"...THAT MARINE IN FALLUJAH MAY HAVE BEEN SUFFERING FROM "SHELL SHOCK" AFTER BEING WOUNDED THE DAY BEFORE.
LET ME EXPLAIN WHAT HAPPENED TO ME IN VIETNAM IN 1968.
AFTER SURVIVING A HORRIBLE AMBUSH ON HWY 4, ON 28 OCT. 68, EVERYONE ON MY ARMORED VEHICLE WAS KILLED EXCEPT ME AND MY DRIVER.
I WAS WOUNDED AND HAD TO LAY THERE IN THE KILL ZONE FOR OVER AN HOUR BEFORE I WAS RESCUED.
I RETURNED TO MY UNIT FROM THE HOSPITAL WITH A VERY BAD CASE OF BEING SHELL SHOCKED. I BASCALLY DISOBEYED MY DOCTORS DIRECTIVE BY RETURNING TO MY UNIT. (HE WANTED ME EVACUATED TO JAPAN)
I WAS A PLATOON SERGEANT IN AN INFANTRY COMPANY AND I WANTED TO BE WITH MY MEN. I WAS SO SHELL SHOCKED AND TRAUMATIZED FROM THE PREVIOUS AMBUSH, THAT I FOUND MYSELF IN AN EXTEMELY HYPER-VIGILANT STATE. I FOUND MYSELF UNABLE TO STOP FLINCHING AT EVERY UNEXPECTED NOISE. EVEN WHEN I KNEW IT WAS OUR OWN ARTILLERY FIRING, I WOULD FLINCH WITH EVERY ROUND FIRED. ( COMPLETELY INVOLUNTARY ).
I WAS ON SUCH A HAIR TRIGGER, THAT ON MY NEXT NIGHT PATROL, I FIRED A TWENTY ROUND MAGAZINE INTO A FLOCK OF DUCKS IN THE RICE PADDY TO MY LEFT WHEN I HEARD A SLIGHT NOISE THERE. ( SHOT WITHOUT EVEN THINKING FIRST ).IT TOOK A VERY LONG TIME FOR ME TO GET OVER THAT HYPER-VIGILANT STATE, AND I WANT TO POINT OUT AGAIN, IT WAS INVOLUNTARY.
THAT MARINE COULD HAVE BEEN IN SUCH A STATE, ESPECIALLY AFTER BEING SHOT IN THE FACE THE DAY BEFORE. IT SHOULD BE CONSIDERED!
I HAVE NEVER BEEN ABLE TO UNDERSTAND WHY WE IN THE U.S. MILITARY HAVE ALWAYS BEEN LOOK AT WITH SO MUCH SCRUTINY BY THE WORLDS MEDIA. IT MAKES NO SENSE AT ALL.
NO MILITARY IN THE WORLD FIGHTS WITH MORE RESTRICTIVE " RULES OF ENGAGEMENT " THAN WE DO. WE OFTEN DO IT AT THE PERIL OF OUR OWN SOLDIERS.
WHAT HAS IT GOTTEN US BUT SCORN. I HAVE COME TO BELIEVE THAT WE SHOULD NOT HOLD OUR SOLDIERS TO THE STANDARDS IN THE GENEVA CONVENTIONS, WHEN OUR ENEMIES IGNORE IT. IT'S REALLY KINDA STUPID WHEN YOU THINK ABOUT IT.
HOW WOULD YOU LIKE TO PLAY A FOOTBALL GAME WHERE THE RULES ONLY APPLIED TO YOUR TEAM? THATS WHATS GOING ON RIGHT NOW ! HOW ABSURD IS THAT?
IT ONLY MAKES SENSE WHEN YOUR FIGHTING A CIVILIZED AND DISCIPLINED ARMY THAT ALSO ADHERES TO THE RULES." ~ JIM
http://www.freerepublic.com/focus/news/1280569/posts?page=574#574"