An OTH(Other Than Honorable) is not authorized because he is held past his EAOS(End of Active Obligated Service). He will get, or he will end up, awarded by the BCNR(Board for Correction of Naval Records), an Honorable discharge. He is entitled to a “type warranted by service record” characterization of discharge. Negligent dereliction of duty is an simple disorder (3 months max, no BCD[Bad Conduct Discharge] authorized). With the MJ(Military Judge) knowing there was a PTA(Pre-Trial Agreement) to negligent dereliction, he was fully protected to impose a maximum sentence — he would “look strong” on good order and discipline knowing that the G(Government) had folded on the least significant charge they could agree to and there must be some sentence limitation that would protect the accused. It was a no lose for the MJ — no courage in his decision — sentence to the max and see what the Defense extracted from the Government in a case where the G has essentially proved the defense. That this went to trial is an embarrassment to the hundreds of years of prosecutors who have sought justice.
I also like what Charlie has to say about the nature of the Iraq war, and particularly his opinion of the P's and the JA's (prosecutors)
I totally get it re: the war — we were trying to save the peeps living next door to the terrorists — that is a failed policy decision. Once the shooting started with a dead Marine in Haditha, all bets were off; it was all about Americans living and bad guys dying and I have to tell you, there is no amount of dead non-Americans that I would trade for one dead Marine. That is just me and my experience dealing with terrorist fucks trying to kill our peeps. If you feel differently, that is cool, but I doubt most LCPLS would agree.
Our war planning was a total embarrassment and this case helped to expose it. We created after-the-fact rules of engagement to address Haditha and the prosecution tried to apply the ex post facto rules to what our troops had been told at the time. The P JAs are criminals in my mind; they tried to commit a fraud by applying later ROA to the events in Haditha. At the time of Haditha, Marines were trained to conduct a a house clearing by throwing a grenade in the room and spraying the room with bullets. That the procedure later changed is fine, but the P’s tried to argue that you had to P’ID(positively identify) before shooting and that was just NOT true, as numerous officer and senior enlisted witnesses testified on cross examination during the G case in chief. Arguing to the contrary, in my opinion, is trying to perpetrate a fraud on the court. In a perfect world, the P’s would stand trial for dereliction of duty. But they saved themselves by negotiating an agreement that salvaged a conviction, even if it was totally bogus and everyone knows it.
Haditha was a bad deal, but the terrorists brought it on themselves. They chose the place; they chose the manner. It is unfortunate that innocents died, but that is war and it is a war they chose to seek in a time and place in their own country.
>> “the G(Government) had folded on the least significant charge they could agree to “
That was my initial reaction. The G is also a well-funded persecution machine, and the threat of that is nothing to casually dismiss.
>> “Haditha was a bad deal, but the terrorists brought it on themselves. They chose the place; they chose the manner. It is unfortunate that innocents died,”
Another point that I know many of us maintain as fact; it was the insurgents that knowingly exposed the innocent lives.
At the time of Haditha, Marines were trained to conduct a a house clearing by throwing a grenade in the room and spraying the room with bullets.
As I posted a couple of weeks ago, I can tell you for a fact, that is exactly the way SOI at Camp Geiger was training Marines to clear houses in the fall of 2007. Throw a grenade into every room before entering and firing. The fall of 2007 was 2 years after the Haditha ambush and more than a year after the cowardly perfumed princes of the panty-waist Pentagon ran like scared bunny rabbits from a TIME Magazine hit piece and pressed charges against a fine squad of Marine combat veterans.
There was something—a briefing before Haditha—where a Marine was killed when he entered a house and hesitated to fire at a person hiding under a blanket and was killed by that (insurgent). So the troops were told to shoot anyone hiding under blankets.
Anyone remember that?
Thanks much for this post Smooth. It can't be said any better than Charlie Gittins said it. On top of that Haditha was a hot bed of insurgents and everyone knew it.
Thanks smooth for the final analysis. Now the Sarge can move on to perhaps a better life. I at least hope so.
That is terrific. And I wish Puckett had spoken with that kind of clarity. Suggesting that others were guilty didn’t exactly endear him to the lunatic left anyway.
Excellent explanation. Thanks very much for the ping and here’s a BTTT.