What civilian court? It was an administrative discharge proceeding, held by the military. There’s not civilian court case here.
The UCMJ article is not relevant, he’s not facing trial.
Do you have military experience? (Not to be confrontational, just trying to figure out where you’re coming from.)
A federal judge on Friday rejected Sgt. Gary Stein's injunction to halt a military tribunal's recommendation that he receive the discharge following anti-Obama comments he made on a private Facebook page in March, according to court documents.
Federal court.
Yes I served active and reserve amny years ago and I have a son on active duty now.
Actually you are incorrect; even in adminstrative proceedings, the UCMJ provides the framework for determining any violations. I could not have held Office Hours/Article 15 without citing the specific violation under the UCMJ.
I am of the opinion that the Marine Corps overeacted to this Marine's case because of the publicity in the Navy/Marine Corps Times and the hyper-political sensitivity of our current leaders. In my opinion, all of this should have been handled at the battalion commander level and limited to NJP, Page 11 entry, reduction in rank - with the obvious preclusion from reenlistment.
That way Sgt Stein would have served as an example but been eligible form Veteran's Benefits, security clearance, employability. Our current leadership chose the "show trial" route to impress the administration, I guess. If I would advise him, I would recommend petitioning the Naval Board of Records to upgrade his discharge.