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THE CENTURION

A series of pertinent  — and impertinent — observations on military matters.

Army Times reports the Article 32 hearing of a senior Army National Guard officer.   He’s charged with knowingly exposing his lover to HIV via unprotected sex.   At the Article 32, the woman testified that they did not use protection when they had sex, and he did not disclose his HIV status.

The Air Force Court decided the first HIV assault cases – Senior Judge Kastl’s opinion is at  JOHNSON, 27 MJ 798 (1988).

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One medical board client warns about a new way the PEB system is unfair — he alleges that the Army ”punishes”  warriors who participate in intern programs while transitioning.   In his case, he complains, the board cited his work in a secure environment requiring a security clearance as proof that his diagnosed PTSD was “improving.”

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A contributor with a sense of humor offers some whoppers from military courts:

·         Air Force SJA Review:  Airman Schick was found guilty of larceny under Art 121.  He took numerous paper products including a calendar; he got 12 months .

·         Lieut. Col. Denison, an Army  dentist, married a manicurist.   He was charged with beating her.  Explaining that the marriage was rocky, trial counsel claimed they “fought tooth and nail.”

·         In a manslaughter case, Army trial defense counsel  ineptly referred to the deceased spouse’s  Last Will as a “dead giveaway.”

·         Marine witness, commenting on an accused corporal: “He had a photographic memory… but it was never developed.”

·         Blundering argument by Navy  prosecutor in a case of insubordination. “Gunny Sgt. Luis got too big for his britches …but he was totally exposed in the end.”

·         Officer fraternization case with a slip of the pen by the court reporter: “Major Thomas was an egotist.  He liked the women — a lot.   But he really liked himself.  As a matter of fact, when he saw his first strands of gray hair, he thought he’d dye….”

·         ALSO A PERSONAL MEMORY:  Trial defense counsel, in a military-judge alone case, referenced  the movie CASABLANCA, when an airman was charged with assaulting a female at the base swimming pool.   He caressed her leg and kissed her.  Trial counsel argued :” Your honor, you must remember this, a kiss is just a kiss, a thigh is just a thigh…  ‘  We headed the panel deciding the case.  Only with much discipline did we excise from our opinion the following:   We respond to trial  defense’s clever wordsmithIng from a popular classic film with our own:  “The fundamental things of life apply as time goes by…sentence of six months and BCD AFFIRMED.”

 


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