Posted on Apr 3, 2014
Can Soldiers create a petition on White House website? Or is it punishable?
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Ok, I was just informed that signing one the petitions can be considered under the UCMJ as an act of sedition and punishable under the UCMJ. So if this is true what will happen to the 6000+ Soldiers who have signed the petition?<div><br></div><div>This concerns the new AR 670-1 and I know nothing will happen to them. </div><div>I would hope that NCO's and officer know there is an official form to request changes to regulations and such.</div>
Posted >1 y ago
Responses: 10
If peaceably assembling to petition my government for a redress of grievances is sedition, I probably won't be a SFC for much longer.<br>
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There's no need. Every Army Regulation has a section in it's beginning on the submission of DA Form 2028's to recommend changes to publications and regulations.
For example, here are the instructions located in AR 670-1:
"Suggested improvements. Users are invited to send comments and suggested improvements on DA Form 2028 (Recommended Changes to Publications and Blank Forms) directly to Deputy Chief of Staff, G–1 (DAPE–HRI), 300 Army Pentagon, Washington, DC 22310-0300."
For example, here are the instructions located in AR 670-1:
"Suggested improvements. Users are invited to send comments and suggested improvements on DA Form 2028 (Recommended Changes to Publications and Blank Forms) directly to Deputy Chief of Staff, G–1 (DAPE–HRI), 300 Army Pentagon, Washington, DC 22310-0300."
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SGM (Join to see)
Indeed! I didn't even think about mentioning this when I posted. Thank you!
SFC Evans, Byron E.
SFC Evans, Byron E.
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SFC Michael Hasbun
You're very welcome. And I can honestly say it works. I deal with 2028's constantly, and see the revision occuring on a daily basis (after vetting on the part of the Training Developers of course).
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<p>When looking at the UCMJ there are several things to consider when rendering an accusation of a crime. First you need to determine what Article the alleged crime would fall under. In this case it would be Article 94 - Mutiny and Sedition. Given that knowledge there are then three areas that need to be consulted before an actual accusation can be turned into a charge. The first is the the general text of the Article. In this case the text of Article 94 - Sedition would be located under Section (a) Part (2) and reads " (a) "Any person subject to this chapter who-- (2) with intent to cause the overthrow or destruction of lawful civil authority, creates, in concert with any other person, revolt, violence, or other disturbance against that authority is guilty of sedition". Now you need to evaluate the second area which callled the elements. An allegation MUST meet every annotated element listed for it to be considered an accurate charge. In this case Sedition must meet the elements of "(a) That the accused created revolt, violence, or disturbance against lawful civil authority; (b) That the accused acted in concert with another person or persons; and (c) That the accused did so with the intent to cause the overthrow or destruction of that authority". Finally, an evaluation of the explanation needs to be reviewed. Under Article 94, Sedition is explained as "(2) Sedition. Sedition requires a concert of action in resistance to civil authority. This differs from mutiny by creating violence or disturbance." </p><p> </p><p>All of this information needs to be reviewed prior to making a charge of Sedition. Given this, a petition filed by the members of the United States Military does not quantify a charge of Sedition because of one small factor - the term "civil authority". There are three forms of authority in the United States; Civil Authority, Military Authority and Religious Authority. Civil Authority is defined as "Civial Authority (also known as civil government) is that apparatus of the state other than its military units that enforces law and order".As this regulation is a military regulation, it is actually protected under Military Authority not Civil Authority, therefore, Sedition, in this case, would not apply. Members of the miltiary are able to file petitions against regulations as they see fit, however, you are correct that the more appropriate avenue does remain the DA 2028.</p><p> </p><p>Even so, should a filed petition against AR 670-1 ever be quantified as sedition in the miltiary, the maximum punishment includes death or such punishment as a court-martial may allow. Given that death is an option, violation of Article 94 can be considered a very serious crime. I can guarantee no one would ever be sentenced to death for filing and/or signing a petition that disallows for fanciful hair, despite any of our opinions to the contrary. </p><p> </p><p> </p>
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SSG (Join to see)
Than I stand corrected, however, I would be cautious of a slippery slope on that. It is not a DoD Directive that I would fear but rather the Court of Public Opinion and the perception my actions would garner. On the legal side, however, I award you the victor.
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LTC Yinon Weiss
Former Massachusetts Senator Scott Brown recently served in the Army National Guard while also serving as a US Senator. He is still a Colonel and considering a run for Governor. He not only signed petitions, but could also introduce legislation.
It seems that if somebody can serve in the US Senate while serving as a member of a political party, and express himself as Mr. Brown instead of COL Brown, then simply signing a petition would also be authorized.
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