In cases where the politically gun-shy military is afraid they will be criticized, they offer non-judicial punishment under Article 15 of the Uniform Code of Militarty Justice.

It's like copping a plea to a lesser charge.

These guys are not going to be grist for someone's mill, so they called the JAG's bluff, refused the plea deal and want a trial.

Some lower-level commanders, like captains, use that to keep people in line because they don't know how to lead and manage people. Those guys are so inept you want to call their bluff.


The next step is an Article 32 investigation. The results of the investigation could include a recommendation that these charges be dropped, which I suspect, has a good chance of happening unless they broke every bone in this guy's body.

This is the way that military commanders who fear political retribution from the Beltway cover their ass.

Yes it sucks, but it is one of the safeguards that prevent stupid things from happening. Every time there's an Abu Ghraib, the military over reacts in response to congress, because the military leaders are always trying to "get along..." They fear the purse string power of Congress and the ability of the Senate to hold up officer nominations.

Face it: most generals are non-confrontational, they are like Colin Powell. Sometimes you need Patton. The trick is to mix styles and most generals are just interested in getting ahead and retiring. The guys like GEN Shalikashvili and GEN Hagee (USMC) are past history now.,

If you didn't know, more senior ranks in the Army, Navy etc have to be approved by the Congress. There's a limit to how many generals, colonels etc etc you can have on active duty at any one time.

That's why right now a certain number of jobs are fiulled with what are called "promotables." People who are promotable but not approved by Congress.

So a colonel/O-6 migtht be a COL(P) awaiting his/her first star, and do the job as a colonel and get paid as a colonel... for months.

It's like getting the promotion promise from your boss and never getting the promo.....

There's a lot of ways Congress screws with the military, even the enlisted.

__________________
Strelnik
Invest in America: Buy a Congressman!

1950 170SD
1951 Citroen 11BN
1953 Citroen 11BNF limo
1953 220a project
1959 180D
1960 190D
1960 Borgward Isabella TS 2dr
1983 240D daily driver
1983 380SL
1990 350SDL daily driver alt
3 x Citroen DS21M, down from 5
3 x Citroen 2CV, down from 6