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To: BIGLOOK
"You're probably right, JAG, but could this be a case of Unlawful Command Influence since whoever instigated punitive measures against the reservist without an Article 32 hearing or charges of misconduct or missing movement and did so simply for the challenge to the legality of the order?"

UCI would only apply if his local command authority endeavors to court martial the major, highly unlikely. The major was not on active-duty when he filed the TRO application with the district court. As such, it would be impossible to court martial for such an action.

However, active duty as well as reserve officers serve at the pleasure of the president. What does that mean? It means that they don't have an inherent right to be officers. As such, the HQDA may seek to administratively release the major from service by of something called an "involuntary separation".

I won't go into all the gory details, but essentially (with some rare exceptions), if the DOD wants to get rid of an officer, there's really not much that's going to stop them. The hearing, held by a board that's operating under a LOI from HQDA, is really only a formality, in a practical sense. If they are out to get rid of an officer, there's not much hope of him saving his job at the hearing. At least that's my experience in the Navy boards which I've participated.

265 posted on 07/16/2009 10:24:40 AM PDT by OldDeckHand (No Socialized Medicine, No Way, No How, No Time)
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To: OldDeckHand
Major Cook Update:

http://www.freerepublic.com/focus/news/2294045/posts?page=22#22

266 posted on 07/16/2009 10:27:13 AM PDT by seekthetruth ("See You In DC From 9/11 - 9/13 At Our National Freeper Tea Party Convention!")
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To: OldDeckHand
Thanks for the heads up, JAG.

The perils in war are nothing compared to those in courts and politics.
272 posted on 07/16/2009 7:54:33 PM PDT by BIGLOOK (Government needs a Keelhauling now and then.)
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