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Many resulted from administrative discharges handed down by commanders, not a judge or jury.The Pentagon has promised to review such discharges dating to the Vietnam War and overturn those in which individuals were unfairly separated.This apparent inconsistency in applying punishment goes back decades, advocates say.More than a half-million former troops have other-than-honorable discharges, according to data maintained by the Department of Veterans Affairs.
THESE RECENT CASES SHOW THAT IN THE MILITARY, THE DEFENDANT IS GUILTY UNLESS & UNTIL THE SERVICE MEMBER CAN PROVE HIS OR HER INNOCENCE, ESPECIALLY IN A SEXUAL ASSAULT CASE.
"Sentences typically skew light in crimes of violence than what you see in civilian world," he added, calling the appointment of a jury in a case such as Kelley's unusual and "disturbing." Severe child abuse carries a maximum sentence of five years in the military justice system, similar to a first-time offender busted for cocaine use, he said. Joseph Pugh, who was convicted of dereliction of duty for eating a granola bar containing hemp oil that later showed up in a drug test.
He was sentenced to a dismissal from the service, the equivalent of a punitive discharge for military officers.
The case became known as the “Baymont 8 Gang Rape” and it pulled in lawyers from across the United States.
Our client faced charges of rape, false official statement, and others.