Jan 17th 2012, 1:27:26
This was wrong and there is no excuse. I say this with a background of my entire adult life in the military (I enlisted at age 17). 28 years of military training and discipline as well and an understanding of COIN and the successful way to win a counterinsurgency all says this was completely wrong and a huge unneeded headache for the guys current on the ground and trying to make the right thing happen.
That said, the offense has to be looked at in perspective.
According to the UCMJ an accused can present matters of DEFENSE (evidence he/she did not do it), matters of EXTENUATION (good reasons for having done what was done) and matters of MITIGATION (why the punishment should be light).
Y'all are getting all wrapped up and confusing extenuating factors with defense. Unless the video is a hoax, these guys are guilty. I dont have my UCMJ handy but I am sure there are 3-4 chargeable articles there as well as disobeying the general order to NOT DO STUPID fluff (well, thats how I paraphrase the longish list of standing orders....)
So now that we know they are guilty the issue is what kind of punishment? UCMJ gives some pretty wide authority to commanders. They could be put in a general courts martial and be looking at probably 5-10 years hard labor with a bad conduct discharge. Or administrative punishment with restriction to the barracks. Or lots in between.
Thats where those matters of extenuation and mitigation come into play. COMMANDERS are given the authority to decide the type of punishment and with good reason... they know their Soldiers (er, Marines) better than anyone else and are best suited to understand those matters. What is the service record of these men? Did they earn medals for bravery in the face of grave personal risk or hide in the FOB whenever possible? Volunteer for the hard/dangerous/thankless jobs (of which the military has countless number) or do only what was told? Always striving to exceed the highest standard or do whatever gets by? THAT MAKES A DIFFERENCE.
Also what was happening at the time, the command climate (if the leadership was bad it does not excuse the offense, but can be a mitigating factor), and the situation at the time of the offense. How many local ftards were shaking hands during the day and blowing them up at night. THAT MAKES A DIFFERENCE.
Finally, we also have to look at the result. What impact did their misconduct have? When you create an international incident, there is gonna be more boot in the ass-kicking than if you just pissed off your platoon leader. Not very fair to the guy who gets caught publicly but THAT MAKES A DIFFERENCE TOO.
I did not like hearing the sec's of state and defense making their 'hang-em high' statements. They went, imho, beyond their authority and responsibility to just repudiate the acts. And they should have put more effort (some at least) into pointing out the really historic record our Troops have for respect of the local culture and extraordinary discipline under very difficult circumstances. And the US record for bringing those few who do commit crimes to justice.
So those guys did the wrong thing. But we cannot - and should not - judge how strongly they are punished or what mercy may be given. Only those commanders directly charged both with the care of these troops and the accomplishment of the missions should do that.
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