Military Counseling: GI Rights

Military personnel have rights?? As a GI it sometimes seems that you have no rights, but that's not completely true. GI's have rights but they are restricted. In addition to the restrictions, many GI's who legally exercise their rights end up getting punished illegally.

GI's have the right to:

• Say and write what they think. The right to freedom of speech is restricted. GI's can say and write what they want as long as they are off-duty, out of uniform and they don't imply that their views are the military's. GI's can participate in “political” rallies but only as “spectators.” You should be OK if someone else reads your letters at a rally. GI's aren't allowed to participate in electoral politics (working for a party or candidate). And GI's can be punished under the UCMJ if they advocate the violent overthrow of the US government, promote “disloyalty or disaffection” or show “disrespect in language or deportment” to a superior commissioned officer, NCO, PO, WO or President Bush. GI's can print their own publication as long as it's done off base, on their own time, using their own money and equipment. Many commanders interpret the regulations to suit their own purpose and punish GI's who are legally exercising their rights. So, be careful. If you intend to speak out against the War, find some legal advice and community support.

• Read what they want. GI's have the right to possess one copy of any literature, but GI's need their commander's permission to “distribute” anything. Possessing more than one copy may be seen as an “attempt” to distribute. You could be charged under the UCMJ and the “unapproved” literature may be confiscated.

• Petition Congress for redress of grievances. GI's can write to any member of Congress to complain about the way that the military is treating them or to express their political opinions.

• File a complaint. GI's have a right to file a complaint if they have been mistreated by a superior, if command fails to act on a request for medical attention or an early discharge, if their rights have been unlawfully restricted, if they are victims of discrimination or harassment, or if their personal property has been damaged or taken. GI's can file a complaint through the chain of command, through the Inspector General or the Office for Equal Opportunity, by using UCMJ Articles 138 or 139, by petitioning Congress or by petitioning the Board for the Correction of Military Records. GI's even have the right to report UCMJ violations by another member of the military, but command doesn't have to prosecute them.

  In general, it's best to give the command an opportunity to correct the problem before you file a complaint about that problem. In other words, file a written notice to the offender that there is a problem and notifying the offender that an Article 138 complaint will be filed with their superior if you're not satisfied with their corrective action. Make copies of everything. Use a standard military memo format and give your name, rank, number and duty assignment. Write a statement about the incident, listing witnesses and attach documentation. GI's are supposed to be protected from reprisals if they file complaints with the IG, OEO or Congress, so it's common for complaints to note that you are sending a copy to a member of Congress.

You have a right and a duty to refuse to obey illegal orders according to International treaties and the UCMJ. “Following orders” is not excuse for violations. Unfortunately, GI’s are being court-martialed both for obeying orders that turned out to be illegal and for disobeying orders that they saw as illegal but now the military won’t admit to that. Damned if you do, damned if you don’t. If you have to make such a fateful decision, listen to your conscience, so that you can live with yourself later.