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Tuesday, April 14, 2009
CAAF issues decision distinguishing violation of a superior commissioned officer's order from violation of a lawful order
I'm under the gun tonight, so I'm not going to have a chance to comment on it. But here's a link to CAAF's opinion in United States v. Ranney, __ M.J. ___, No. 08-0596/AF (C.A.A.F. Apr. 14, 2009). CAAF splits 3-2 in ruling that the accused's act of driving after his license was revoked was a violation of a lawful order under Article 92 rather than violation of the traffic review officer's order in violation of Article 90. Judge Ryan wrote for the majority with Judges Stucky and Baker dissenting. The court ruled unanimously in rejecting a challenge to a conviction for violating a Marine gunny's order to Technical Sergeant Ranney--an Air Force E-6--not to engage in an unprofessional relationship with a female Marine E-3.
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6 comments:
What struck me about this factually uncomplicated case is that the offenses occurred just shy of four years ago and now further proceedings are required. What took so long?
What strikes me is whether the the Force would view a relationship between an E-3 and and E-6 as inappropriate and how the devil dog perspective won out on the court-unanimously no less.
Big political elements. The Corps and Navy are huge on not letting their "non-rates" have any fun at night. The reason is our attempts to keep the good people of Japan happy and the William Jefferson Clinton birth home memorial open.
There is no way they could do anything else. Otherwise, they would be admitting "Air Force enlisted are a higher form of life and can do as they wish in their lives; Navy/Marines are sub-human slaves who must be under the field bosses control at all times".
True, but no one wants to put it in writing.
Ditto, those no good Naval Officers never let the crew have any fun during port calls in Thailand.
True that. In the olden days of the 80s it was game on in Japan, Korea, and Thailand. Now-a-days they have the poor E-5 and below on chain gangs 24 hours.
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