CID1990 wrote:native wrote:
They elected courts-martial, as is their right, probably to avoid an unjust NJP result.
I would like to know more details about the chain of events leading up to the original Article 15 and who initiated the charges so that we could have a better idea of whether the charges were initiated to maintain the integrity of the chain of command, or to curry favor with political leadership.
Agreed, but as I recall, the worst that can happen to you at NJP is something like a reduction in pay for a short period and confinement to quarters. Plus an a$$ chewing. Quite frankly, I'd like to kick terrorists in the balls too, but as I always told my patrolmen... once the cuffs are on, the fight's over. If they wanted to whack the guy then they should have just killed him instead of taking him prisoner. We're better than those fvckers.
Points well taken, but
we do not know the facts. Discovery will be far more vigorous in courts-martial proceedings versus NJP. It is a double-edged sword for the SEALS.
Also, consider the fact that the punishments can be much harsher depending on the rank of the commanding officer convening the Article 15 (NJP). Field Grade officers (O-4 to O-6) may impose:
-Restriction for not more than 60 days
-Extra duties for not more than 45 days
-Restriction with extra duties for not more than 45 days
-Correctional Custody for not more than 30 days (only if accused is in the grades E-3 and below)
-Forfeiture of one half of base pay for two months
-Reduction by one grade if E-6 (USMC E-5) and above; or reduction to E-1 if E-5 (USMC E-4) and below.
-Confinement on diminished rations or bread and water for not more than 3 days (USN/USMC E-3 and below only, and only when embarked on a vessel)
-Admonition or reprimand, either written or verbal.
Flag and general officers can presumably impose even harsher punishments.
All this said, the SEALS' professional pride is probably more important to them than the other potential punishments combined.
The fact remains that a courts-martial is the best possible venue if you are innocent but the worst if you are guilty.