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To: MarvinStinson

Missing the point. His commander (who he describes as a “stand up guy”) was trying to salvage the last three years of Scheller’s career.

If a mental health exam found that his actions were due, at least in part, to PTSD, Scheller could serve it the last three years to reach 20 and then get his retirement benefits. As it is, Scheller is resigning his commission and will get nothing.


15 posted on 08/31/2021 7:29:37 AM PDT by Terabitten (Our lives, our fortunes, and our sacred honor...)
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To: Terabitten

As it is, Scheller is resigning his commission and will get nothing.

**************

A lot of people in the government value their job security and benefits above all else. That is a big reason why so many of our agencies have become corrupt, wasteful and dysfunctional. Just saying.


69 posted on 08/31/2021 8:30:50 AM PDT by Starboard
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To: Terabitten

I hope there may be something to what you say. However, at this juncture, there does not seem to be a good way to extricate himself from this, should he change his mind after a cooling-off period. To do what he did certainly indicates a highly emotional state of mind.


82 posted on 08/31/2021 9:39:22 AM PDT by SgtHooper (If you remember the 60's, YOU WEREN'T THERE!)
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To: Terabitten

“Resigned his commission/Resignation” can mean a number of different things depending on the situation.

I’m thinking that what is actually happening here is “request retirement in lieu of courts martial.” This is an option extended to retirement eligible officers (Major and above) in certain cases to resolve the matter quickly and avoid/mute ongoing controversy. IIRC, it is an pre-trial offer of settlement made by the defendant to the convening authority. It is case specific and usually not available in cases involving alleged true criminal conduct (murder, rape, treason, etc.). However, it is tailor-made for a misconduct-type case like this one where the offense is disrespect (UCMJ, Articles 88 and 89). Here is an article explaining it in more detail:

http://www.usmilitarylawyer.com/military-legal-discharges.asp

Note that this is an administrative action so the totality of the service member’s record will be used to characterize the type of discharge. Once you are promoted to Major, you are “guaranteed” to retire (assuming continued honorable service) and changes in the retirement system make it possible to retire with less than 20 years service. So, it is probably unlikely he would “lose” his retirement. However, he could be retired as a Major (instead of Lieutenant Colonel) because he didn’t complete 20 years. That would be the “official reason” because this is an administrative action, not a punitive one. Sure.

As for the mental evaluation, this may be a head butting contest between a couple of strong willed officers. The colonel (his immediate boss) would probably love for him to stop making statements in the social media/press mainly because of the fact that it is provoking the convening authority (and the upper level bosses).

As noted earlier and in the article, it is the convening authority that has to approve the request and order the charges dropped. However, continued issuance of statements is like poking the bear daring it to respond. If this matter goes to trial, all of his words will be used as evidence to prove disrespect and, when he is convicted, he will lose everything. Given this, the results of a mental evaluation may help the defense or it might provide further evidence for the prosecution.

However, his most recent statement had a threatening undertone implying some sort of broader consensus to take down the establishment. It’s probably just bombast and hyperbola. But, assuming he has been warned about making further statements, there may be an emergent behavioral problem as well. Probably best to bring him in and talk things over.

Hopefully, it will at least get him out of the glare of publicity for a day or two, and allow him to reflect on how his statements are being perceived and what his actions are doing on a personal level to himself and especially to the future of his family and his post-Marine Corps life.

He’s already paying a lot to make his point and earn his 15 minutes of fame. How much more?


88 posted on 08/31/2021 10:31:03 AM PDT by Captain Rhino (Determined effort today forges tomorrow. )
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To: Terabitten
"Scheller is resigning his commission and will get nothing."

He'll get to retain his integrity and honor.

98 posted on 08/31/2021 4:34:14 PM PDT by kanawa ((Securing the 2022/2024 elections is of paramount importance.))
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