December 23, 2009 12:08 AM

Pregnant Soldiers May Face Court-Martial

(CBS/AP)  Updated 7:20 p.m. EST

A U.S. general in Iraq who listed pregnancy as a reason for court-martialing soldiers said Tuesday that he would never actually seek to jail someone over the offense, but wanted to underline the seriousness of the issue.

Last month, Maj. Gen. Anthony Cucolo issued a policy that would allow soldiers who become pregnant and their sexual partners to be court-martialed. But he appeared to back away from the policy in a conference call with reporters, saying the policy was intended to emphasize the problems created when pregnant soldiers go home and leave behind a weaker unit.

"I have never considered court-martial for this, I do not ever see myself putting a soldier in jail for this," said Cucolo, who oversees U.S. forces in northern Iraq. But since pregnant women automatically go home, their units are left short-staffed, he said.

"I need every soldier I've got," Cucolo said. "I need them for the entire duration of this deployment."

With so many young men and women serving so far from home, battlefield pregnancies are bound to happen. Cucolo today shed some light on how often. He said that in the six weeks since he issued the order making pregnancy punishable by court martial, four women have become pregnant and three men identified as the fathers.

"The men stay in combat and the women are sent home because they're pregnant but both receive the same punishment unless there are other circumstances," Cuculo told CBS News correspondent David Martin in a telephone interview from his headquarters in Tikrit.

This time, the punishment for both sexes was a letter of reprimand.

"I consider the male soldier as responsible for taking a soldier out of the fight just as responsible as the female soldier that I lose," Cuculo said.

Cucolo commands a task force of 22,000 soldiers, which oversees northern Iraq, including cities such as Tikrit, Kirkuk and Mosul. He said he has 1,682 female soldiers.

As soon as the military knows a soldier is pregnant, she is immediately sent home.

"If you are a pregnant female in a combat zone, you are redeployed, period. That is actually not my call, that is just what we do," he said.

Cucolo is believed to be the first to make the pregnancy an offense that could be dealt with by court-martial — for both the man and the woman. The ruling only applies to troops under his command. He said women who are raped would not be subject to this order.

"I have to accomplish a very complex mission," he said. "I'm going to do what it takes to maintain our strength."

Cuculo has 1,600 women under his command and said he can't afford to lose a single one.

"They fly helicopters, run my satellite communications; They repair just about everything I have," he told Martin.

The move drew sharp criticism from the National Organization for Women. President Terry O'Neill said it is "clearly wrongheaded and stupid" and "obviously not a good policy."

Cucolo's order outlines some 20 barred activities. Most of them are aimed at keeping order and preventing criminal activity, such as selling a weapon or taking drugs.

Troops also are prohibited from "sexual contact of any kind" with Iraqi nationals. And, they cannot spend the night with a member of the opposite sex, unless married or expressly permitted to do so.

The general said he consulted with a number of women in his unit before coming up with the policy and all supported it. He also consulted with his unit's lawyer.

"It's a very difficult issue because pregnancy does impede readiness," said Genevieve Chase, the founder of American Women Veterans, an organization designed to help female veterans. "Enforcing the rule of this is what's going to be difficult."

Chase said she was especially concerned about holding both males and females responsible.

The general said that since his Nov. 4 policy went into effect, four women and three men have been found in violation of it.

The women and two of the men received letters of reprimand that will not become part of their permanent record, the general said. The third man would receive a letter of reprimand in his file — a more serious punishment — because he was also found guilty of offenses including adultery.

All the women were sent home.

Chase also said there is already a heavy stigma on women who get pregnant in the battlefield.

"Every time a female does get pregnant there's that automatic assumption, that you're trying to get out of the deployment," she said.

© 2009 CBS Interactive Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.
Add a Comment See all 115 Comments
by 6591Hou December 23, 2009 11:39 AM EST
It is truly sad to see so many people refuse to accept the idea that there are consequences for their actions, that they should be accountable for their conduct, that they bear the responsibility for what they choose to do.

In a nation awash with unwed mothers, pregnant teens, and the 'players' who beget children wherever they get the chance, there is a very great need for the message of personal accountability, personal responsibility, and the concept of consequences.
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by DawnBroderick40 December 22, 2009 11:02 PM EST
The woman belongs at home, not on a battlefield. That is half the problem with this world. Kids alone, farmed off to daycares or left alone. Stay home, raise your child, stop wanting the huge house and truck, put family first. Women do not belong in a war zone unless they are a nurse. Yup, old-fashioned values and proud of them.
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by tjl456 December 22, 2009 9:52 PM EST
Good requirement......
Keep it in your pants.
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by MilitaryRetiree December 22, 2009 9:36 PM EST
AOCGUY Sorry you are so sarcastic and doubting. I spent 25 years in TWO branches of the military. Absolutely EVERY word of my comments was true. I had the misfortune of working with females of less than honorable reputations. As far as whether you believe any of my comments, that's entirely up to you. They are fully truthful. I seriously doubt that with your beliefs, that YOU ever spent a day in ANY branch of the military.
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by formrusmcsgt December 22, 2009 10:19 PM EST
I also saw a ton of BAM's get over in my time.

They're "as capabale as a male" until it's no longer convenient.
by enwr77 December 22, 2009 8:02 PM EST
Are the fathers being court martialed?
Reply to this comment
by formrusmcsgt December 22, 2009 8:53 PM EST
As you obviously don't read very well, let me help you out here.....

""The men stay in combat and the women are sent home because they're pregnant but both receive the same punishment unless there are other circumstances.."
by frogger581 December 22, 2009 7:28 PM EST
Just one more argument for repealing dont ask don't tell. no fertilization going on there. and its not like anything new under the STD sun is getting passed either, straight people get them just the same.
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by meshine December 22, 2009 7:17 PM EST
Both male and female soldiers know the rules before they sign up to go in. They both should be punished for pregnancies that could leave their units shorthanded and possibly cause someone their life. If these women cant keep their legs closed long enough to complete their deployment, they should not be in the service. These female Senators dont understand the ramifications of a member of a unit that has been deployed leaving that unit prematurely. It could put the whole unit in jeopardy and would certaintly cause that unit to not operate at its maximum efficiency.
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by ibsteve2u December 22, 2009 7:00 PM EST
Hmmm...this one must have slipped through the Rumsfeld sieve without even touching the sides.

A leader strives to imbue the desire for perfection in his or her troops; he or she can even demand it.

But a punishment for failure to suppress simple human desire in a high-stress environment that will last for the duration of the soldier's career and, perhaps, his or her lifetime is also a sign of imperfection.

Such leaders create legends of "Hamburger Hills" through attempting to enforce their will upon soldiers regardless of the fact that the latter are inescapably human and thus fallible.

Cucolo should be removed from command, and relegated to a materials role where his demand for perfection can be applied to our military's equipment - where it may indeed win a battle or save a soldier's life.
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by formrusmcsgt December 22, 2009 8:57 PM EST
But a punishment for failure to suppress simple human desire
by ibsteve2u December 22, 2009 7:00 PM EST

This is not about "surpressing" desire. It's about being responsible in expressing same.

The order didn't say "NO SEX". It said "NO PREGNANCIES".

Are you really incapable of distinguishing between the two?

It appears so.....
by trumpet_111 December 22, 2009 6:32 PM EST
Finally, an army general with a pair! He made the right decision. Fornicators should use protection. After all, the military provides it for free! I know some the women try to get pregnant in order to get out of the war. (Of course, we shouldn't be there anyway). This is a big step in tightening up the army, which is long overdue!
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by ca3815 December 23, 2009 11:33 AM EST
Ever heard of a broken condom? And EC isn't readily available:
http://franken.senate.gov/press/?page=release&release_item=Sens_Franken_Snowe_Introduce_Compassionate_Care_For_Servicewomen_Act
by kansas1946 December 22, 2009 5:57 PM EST
Not a problem. The army can just pay for their abortion. Problem solved.
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