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Wednesday, June 13, 2007 |
Know your rights - know the regs |
Rights Under Law
THE RIGHTS OF MEMBERS OF THE MILITARY
Members of the military have rights under the U.S. Constitution, laws passed by Congress, and the military's own regulations. Military regulations give you important ways to voice your opinion about what's going on in Iraq. They also impose important limitations. People in the military don't have the same constitutional right to express themselves as civilians do.
The military regulation that covers protest and dissent by members of the military is
DoD Directive 1325.6—
"Guidelines for Handling Dissident and Protest Activities Among Members of the Armed Forces.”
The command may prohibit members from distributing written materials on base, other than through "official outlets," without prior approval. However, the command may not prevent you from distributing printed material simply because it is critical of government policies or officials.
DoD Directive 1325.6 says it is DoD policy to preserve military members' "right of expression… to the maximum extent possible, consistent with good order and discipline and the national security." Members of the military may attend demonstrations but only in the United States and only when they are off base, off duty, and out of uniform.
THE RIGHT OF SERVICE MEMBERS TO COMPLAIN AND REQUEST REDRESS
Article 3.5.7 DoD Directive 1325.6 provides the right of service members to complain and request redress of grievances against actions of their commanders. (IMPORTANT NOTE: A redress is not to be confused with a petition. The action taken here by individual service members is an Appeal for Redress to End the War in Iraq.)
DoD Directive 7050.6—
“Military Whistleblower Protection Act”
DoD Directive 7050.6, otherwise known as the Military Whistleblower Protection Act, provides for the following rights:
4.1 Members of the Armed Forces shall be free to make a protected communication to:
4.1.1—A Member of Congress Articles 4.2-4.4- Military members are protected against reprisals for such communication.
If the command tries to retaliate against you for exercising your free speech rights, get some legal assistance. Talk with a civilian military counselor and/or a civilian attorney familiar with military law. You may be able to file a complaint under Article 138 of the UCMJ1. You may be able to file a complaint under the Military Whistleblower Protection Act. There may be other legal channels. An attorney or counselor can help you file a complaint or communicate with your command about the problem.
1Chapter 47, Uniform Code of Military Justice, SubChapterXI, Miscellaneous Provisions, Sec. 935. Scroll to Art. 138, “Complaints of Wrongs.”
See also DoD Directive 1344.10 (August 2, 2004) Political Activities by Members of the Armed Forces on Active Duty
This Directive reissues the earlier Directive 1344.10, “Political Activities by Members of the Armed Forces,” that was issued June 15, 1990, and implements previously proposed guidelines on “DoD Personnel Security” and “Guidelines for Handling Dissident and Protest Activities among Members of the Armed Forces.” This Directive states that, while members of the Armed Forces are prohibited in engaging in certain political activities, “It is DoD policy to encourage members of the Armed Forces to carry out the obligations of citizenship.”
You may also call the G.I. Rights Hotline at
(800) 394-9544 or (510) 465-1472 (also international calls)
from Appeal for RedressLabels: kow your rights, military regulations |
posted by notoempire @ 9:10 PM |
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Resources and Additional Information
Poison DUst Radioactive DU Weapons in Iraq. You thought they came home safely from the war. They didn't. Today more than 1/3 of all 1991 Gulf War vets are on VA Disability Benefits. Meanwhile U.S. use of radioactive DU weapons has increased six-fold from 1991 to Gulf War II! read more
Weapons of Mass Deception: The Uses of Propaganda in Bush's War From the authors of Trust Us, We’re Experts! and Toxic Sludge is Good for You!, here is the first book to expose the aggressive public relations campaign used to sell the U.S. public on the U.S. war against Iraq. read more
Addicted to War: Why the U.S. Can't Kick Militarism Updated to include the war in Iraq. "Addicted to War is not only a witty and entertaining portrait of our war-dependent economy, but a truly relevant insight not available in the mainstream media, something our children should know before they must make their choice whether or not to become fodder for the military machine."—Susan Sarandon read more
Metal of Dishonor: Depleted Uranium, How the Pentagon Radiates Soldiers & Civilians with DU Weapons A devastating exposé of the Pentagon's new weapons comprised of Depleted Uranium. This is the book you've heard about, but won't see in most bookstores. Now in it's second printing you can read scientists; Gulf War veterans; leaders of environmental, anti-nuclear, anti-military and community movements discuss: the connection of Depleted Uranium to Gulf War Syndrome and a new generation of radioactive conventional weapons. read more
We Won't Go: The Truth on Military Recruiters & the Draft. A Guide to Resistance. As the bloody colonial occupation of Iraq drags on into its third year, the Army continues to miss its recruiting quotas--falling short by a staggering 42% in April of 2005.
Maj. Gen. Michael D. Rochelle, commander of Army recruiting, predicted that 2006 could be the toughest recruiting year since the draft was ended in 1973.
This book is aimed at increasing recruiting problems by helping young people and their parents counter the lies of the recruiters. read more
CD: Revolution in Crawford, Texas: Audio-Documentary Produced by KPFK's Page Getz In August 2005, Cindy Sheehan pitched a tent in a ditch down the road from Bush's ranch to protest the loss of her son Casey and the illegal occupation of Iraq. More than ten thousand people showed up including veterans from every war and many more Gold Star families.
These are their stories... read more
Enemy Combatant: My Imprisonment at Guantánamo, Bagram, and Kandahar Moazzam Begg was seized at midnight from a family home in Pakistan in 2002. He was accused by the United States of being a terrorist—an "enemy combatant"—and held for more than three years, two of them at the notorious U.S.prison at Guantánamo Bay. read more
Rogue State: A Guide to the World's Only Superpower From the cover: Suggesting to Americans that their country has a compelling lust for political, economic and military hegemony over the rest of the world, divorced from any moral considerations, is akin to telling them of one's UFO abduction, except that they're more likely to believe the abduction story.
William Blum has compiled evidence that will make believers of such skeptics. In Rogue State, he shows that "close encounters" between the United States and alien nations have demonstrably been the cruelest kind. read more
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The MRSN |
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The Military Resisters Support Network (MRSN) is an resource for members of the military and military families who are opposed to the criminal war in Iraq. The MRSN contains information on military discharges, the rights of military personnel,
Canada, and links to organizations working to end the occupation and bring the troops home.
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