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In reply to the discussion: Pentagon cuts Sen. Mark Kelly's military retirement pay as punishment over 'illegal orders' video By Zachary Cohen 4 MI [View all]LogDog75
(1,114 posts)There are some limitations imposed upon military members but that doesn't prevent them from exercising their Constitutional Rights. Just as the famous ruling on freedom of speech where the Supreme Court said yelling "fire" in a crowded theater is not protected free speech. That doesn't prevent anyone from doing that, it just provides a basis for prosecuting them for doing it. The same goes for military members, if restrictions are placed upon them then violating those restrictions is punishable under the UCMJ. The military member didn't give up any of their rights doing that but they are legally accountable for their actions under the UCMJ.
You served 21 years and I served 28 years and we've both seen examples of troops being punished for a variety of offenses that in the civilian world would have resulted in firing or a write-up. In the military, disrespect is different because of its impact on the unit/base mission. The troops disrespecting command didn't lose their right to say it but when they enlisted they agreed to obey the rules and regulations of the military and that's what they're being punished for.