Iraq Vet Faces Penalty For War Protest

Former Marine Photographed In Uniform At Anti-Iraq War Rally May Lose Honorable Discharge Status

(AP)  A U.S. veteran who served in the Iraq war could lose his honorable discharge status after being photographed wearing fatigues at an anti-war protest.

Marine Cpl. Adam Kokesh and other veterans marked the fourth anniversary of the war in Iraq in March by wearing their uniforms — with military insignia removed — and roaming around the nation's capital on a mock patrol.

After Kokesh was identified in a photo caption in The Washington Post, a superior officer sent him a letter saying he might have violated a rule prohibiting troops from wearing uniforms without authorization.

Kokesh, a member of Iraq Veterans Against the War, responded with an obscenity.

A military panel has been scheduled to meet with Kokesh on Monday to decide whether his discharge status should be changed from "honorable" to "other than honorable."

"This is clearly a case of selective prosecution and intimidation of veterans who speak out against the war," Kokesh said. "To suggest that while as a veteran you don't have freedom of speech is absurd."

Kokesh is part of the Individual Ready Reserve, a segment of the reserves that consists mainly of those who have left active duty but still have time remaining on their eight-year military obligations.

His attorney, Mike Lebowitz, said Kokesh's IRR status ends June 18. He said at least three other veterans have been investigated because of their involvement at demonstrations.

Kokesh, 25, enlisted in the Marines while still attending high school in New Mexico. He was a reservist in an artillery unit, assigned to the November Battery, 5th Battalion, 14th Regiment of the 4th Division based out of Pico Rivera, Calif., near Los Angeles.

Kokesh said he had reservations about Iraq even before the United States invaded, but wanted to go there to help rebuild schools and mosques after Saddam Hussein's regime was toppled. He even learned Arabic.

He said he grew disillusioned with the war during his first tour and now believes there is no way for the country to achieve the rule of law with a foreign military imposing martial law.

He was supposed to go to Iraq a second time, but was demoted from sergeant to corporal and not allowed to return after it was learned that he brought a pistol back after his first tour in 2004.

Kokesh argues that he was not representing the military at the protest in Washington, and he made that clear by removing his name tag and other military insignia from his uniform.

Lebowitz said Kokesh technically is a civilian unless recalled to active duty and had the right to be disrespectful in his response to the officer. He called the proceedings against Kokesh highly unusual and said the military usually seeks to change a veteran's discharge status only if a crime has been committed.

If his discharge status is changed, Kokesh said he could lose some health benefits and be forced to repay about $10,800 he received to obtain his undergraduate degree on veterans benefits.

Kokesh said he holds no ill will toward the Marines.

"I love the Marine Corps," he said. "I always have loved the Marine Corps, and that is why I'm particularly offended to see it being used for political ends."

[randalds]

Randy, Randy, Randy. He is still in the service. The IRR is still the service. When you enlist for 2,4,6 years of active duty, you still have 2 years of IRR to do. It's in the story line, ya bunch of dummies! And the new USMC Battle Uniform is different that anyother. it has USMC distingushing marks printed into the camo. Next time shoot from the hip, not the lip, Randy.
Posted by gunnerv1 at 07:52 AM : Jun 01, 2007


Gunny, Gunny, Gunny you're still wrong. The IRR is still INACTIVE and while he is inactive he is yes, subject to recall, but no, not subject to the UCMJ unless and until he is reactivated! He is not subject to military law. The UCMJ NEVER applies to someone who is not on ACTIVE duty, regardless of their IRR or even National Guard status except during the times they are actually activated and serving! And I'm still telling you that you can buy any and I do mean ANY kind of military uniform in a surplus store!

[starleo146]

Is this part of the spy ring this government has put into affect. Welcome to Russia. I wish every governor would do what that Gov. in Ohio did. He will not let his National Guard go to Iraq until they get all the equipment shortages fixed,they are now fighting with M16 instead of M4, They get these new updated humvees, He is commander-in-chief of his national guard unit, and they answer to me. We wouldn't have to wait for congress if all the Governors did this.

[feelfree1]

I have previously posted a comment about:

'An anonymous U.S. Iraq war vet is in the midst of a nonstop march around the White House, in support of his fallen comrades, and of the victims of Iraq. He has been Marching for 59 straight hours, and he is still at it.'

His march was not around the White House, but rather around the capitol building in Sacramento, California.

www.couragetoresist.org/x/content/view/310/1t

I apologize for my error.

[feelfree1]

Re: "A U.S. veteran who served in the Iraq war could lose his honorable discharge status after being photographed wearing fatigues at an anti-war protest."

The Bush regime will go to any length to stifle dissent to its illegitimate and mass-murderous agenda.

This man is one of the small but growing group of true American military heroes of the illegal war against Iraq. I salute his courage and his sense of honor.

www.ipetitions.com/petition/OutNow

www.ivaw.org

[gunnerv1]

Hi Randy, What ya wanna bet his butt gets activated real soon. Something else that you didn't know for all you Military Retirees. If you do not have a recognized disability with the military, you are on the recall list untill you are the age of (now get this) 55.
UNDERMYBOOT: Sorry you had such a hard time in the Corps, What's the matter, your Gunney didn't give you a hug every night? You did volunteer, remember. As for all the Officers standing behind the President, Don't forget, Flag Officers are Political Appointees and when ever one does have something to complain about you will notice that there is always a (Retired) behind his name. That's how they get around it. Very Respectfully, GMCS (SW) ***** *. ******, USN, (Ret)

[gunnerv1]

Randy, Randy, Randy. He is still in the service. The IRR is still the service. When you enlist for 2,4,6 years of active duty, you still have 2 years of IRR to do. It's in the story line, ya bunch of dummies! And the new USMC Battle Uniform is different that anyother. it has USMC distingushing marks printed into the camo. Next time shoot from the hip, not the lip, Randy.

[randalds]

For those who do not know, the UCMJ is the Uniform Code of Military Justice and it, along with all of the usual civilian laws, is the legal system anyone in the military is under. What is a little know fact about it is that when you're in the military you're no longer covered by the Bill of Rights, even though the UCMJ does contain most of the same protections. The UCMJ only applies when you are on active duty though, which means that if you are on Ready Reserve or in the National Guard, it does not apply during times you are not serving in your capacity of a military member. For instance if you are a member of the National Guard you are only subject to the UCMJ during your Guard weekends, two weeks in the summer or when your unit is activated for service. The rest of the time you are a civilian and have all of the normal Bill of Rights protections. In other words he had the right to say whatever he wanted to say and to wear his uniform in whatever manner he choose because he was not officially active.

[mh4cbs1]

Wonderful to see our brave troops stranding up to this fascist President and spineless Congress who uses and abuses our military for their Wars of Agression!!

It is CLEAR now that Cheney and Bush LIED us into this Iraq disaster, with fake WMDs, fake Aluminum tubes, fake Niger uranium, fake intelligence sources.
It is CLEAR that they EXPLOITED 9-11 with lies about Al Qaeda ties to Saddam and with fake color coded terror alerts.
It is CLEAR now that they seek a PERMANENT US military presence in Iraq (as Bush admitted yesterday).
It is CLEAR that the US is pressuring the Iraqi parliament to pass an Oil Law that opens up the $21 TRILLION Oil Reserves to US corporations.
It is CLEAR now that the spineless corporate-owned Democrats have no plan to seek PEACE instead of endless War and Occupation.
It is CLEAR now that the Iraq invasion fosters hate, resentment, Islamic ufndamentalism, terrorist(just like the 1953 CIA coup to install the brutal Shah of Iran to regain control over Iran's Oil).

When will America WAKE UP and JAIL Cheney and Bush for their Crimes.

[michellem99-2009]

I wear combat boots as they fit my feet the best,the shirt with pockets to carry my things and the hat to keep the bright sun out of eyes. Its surplus store items. I wear for my comfort I was born legally blind 52 years ago.
If the men are now civllians, then they should not lose their benefits. That is not fair. If on active duty then they must answer to command.
I have met vets who feel the war is wrong. I support the troops. When they come home and no longer in armed forces then they can do what is right.I will not march in rallies as I feel it is not for me. I don't care for war. The vets need the care of the VAMC and berefits. I wish them the best. Thank you vets.

[undermyboot]

You cannot wear a Military Uniform at any Political meeting/rally without permission, with or without distinguishing markings, PERIOD.
Posted by gunnerv1 at 03:50 PM : May 31, 2007
+
Yeah- you stupid F**K. They can wear only wear it at OFFICIAL President COWARD propaganda meetings where the coward in chief stands in front of his military uniformed backdrop spouting lies through his Cheney d*ck sucking mouth. What a F**K you are. You can kiss Bush's D*ck you Bushie sycophant. Then you can suck my 9mm. F*CK yourself.

[randalds]

RandalDS, Randy, Randy, Randy. He was wearing a Uniform that is only issued to the USMC personnel, plus, it is a DoD directive, punishable by the UCMJ. You cannot wear a Military Uniform at any Political meeting/rally without permission, with or without distinguishing markings, PERIOD.
Posted by gunnerv1 at 03:50 PM : May 31, 2007

Gunny Gunny Gunny, he had been discharged and was no longer under the UCMJ, he was not on active duty. He was a civilian and could wear and say whatever he dam*n well pleased. Once you have been discharged the military can't say sh*it to you. And if you think that only USMC personnel can get that uniform then you have never been to a military surplus store out here, because any civilian that walks in the door of one can get one.

[toldyouso21]

Hmmmm.. so the reason many more vets do not openly protest may NOT be because they are for the war--but instead because what awaits any in uniform who dare to agree that the emperor is no king and instead is butt naked enfant terrible.

[j4401]

As a former Marine, I must say that this is totally absurd. Leave the guy alone.

[gkc99]

uh--once you're out of the military, you don't have to take orders any more.

Just another example of the goosesteppers mind set.

And we're supposed to believe anything these f**kers say?

F**k you, sir!

[infidel_us]

You cannot wear a Military Uniform at any Political meeting/rally without permission, with or without distinguishing markings, PERIOD.
Posted by gunnerv1 at 03:50 PM : May 31, 2007

I wasn't aware of this.....so much the better. I've been out (of the military) for quite a while, so I defer to gunnerv1 in these matters. :)

[infidel_us]

I based my case on the following:

"a superior officer sent him a letter saying he might have violated a rule prohibiting troops from wearing uniforms without authorization."

He would not have done this if he were wearing a BDU top and blue jeans. If his clothing doesn't say "Marines" and he is not wearing RANK insignia, they don't have a case.

[gunnerv1]

RandalDS, Randy, Randy, Randy. He was wearing a Uniform that is only issued to the USMC personnel, plus, it is a DoD directive, punishable by the UCMJ. You cannot wear a Military Uniform at any Political meeting/rally without permission, with or without distinguishing markings, PERIOD.

[randalds]

No it's not. You have the right to free speech, but not while wearing the full uniform of an active duty soldier. They should bring you up on charges of impersonating an NCO.

Posted by Infidel_US at 03:15 PM : May 31, 2007

All of the military insignia was removed, so he was wearing nothing different then any civilian could buy in a surplus store and in fact you can also buy the insignia there too. Since he did not have any insignia on he can not be charged with impersonating anyone or anything and can not be charged with unauthorized wearing of the uniform. Them's the regs.

[infidel_us]

"This is clearly a case of selective prosecution and intimidation of veterans who speak out against the war," Kokesh said.

No it's not. You have the right to free speech, but not while wearing the full uniform of an active duty soldier. They should bring you up on charges of impersonating an NCO.

If you had just shown up in your civis, you'd be fine. Bummer, dude. Other than honorable. They will likely change your RE code, as well. You're f**ked!

[randalds]

I'm an honorably discharged Vietnam vet and I hate this war and this president and have no problem telling people that! I march in protests and sometimes wear parts of my old uniform when I do it (well, the parts that still fit...). Does that mean the Air Force is going to contact me and try to reduce my discharge now too?