Soldiers: Know Your Rights!

By Jonathan Hutto, Sr., The Nation Institute. Posted June 11, 2008.

The following is an excerpt from Anti-War Soldier: How to Dissent Within the Ranks of the Military, from Nation Books.

On November 9, 1969, the New York Times published an open appeal by 1,365 active-duty service members calling for an end to the Vietnam War and for no punishment for participating in the historic Vietnam Moratorium march. The petition of these soldiers, representing 80 bases and ships throughout the world, had a huge impact and helped establish the (limited) civil liberties and rights GIs have today. The members of the GI Movement risked their careers and personal security by signing this petition and participating in subsequent actions.

One of those signers was David Cortright, who went on to write Soldiers in Revolt, the definitive 1975 chronicle of the GI Movement. He was part of an activist group of GIs at Fort Hamilton, New York. Thirty-five of the 60 personnel in his company signed the petition and several traveled to Washington, D.C. for the historic march.

I contacted David to arrange for a community meeting with some of my civilian and active-duty colleagues in June 2006 in Norfolk, Virginia. Its success led us to ponder whether something similar could be organized around the Iraq War. We wanted to build a movement where service members could express their dissent in a legal, constructive way. I began researching the rights and responsibilities of active-duty service members. The most comprehensive source I found was the website for the Central Committee for Conscientious Objectors (CCCO), which was very helpful in determining the limits for GIs in petitioning their government for redress of grievances.

I also found an old leaflet from the Military Project, an organization based out of New York, which seeks to educate active-duty service members about their civil liberties and constitutional rights. The leaflet had several DOD directives that listed limited rights to express dissent:

DOD Directive 7050.6

Military Whistle-blower Protection Act

This Act is the foundation for the Appeal For Redress, our organization. It establishes that every soldier can communicate individually with a member of Congress and Inspector General (IG) without reprisal. Punishment constitutes a violation of Article 92 of the Uniform Code of Military Justice, Failure to Obey Order or Regulation. Once a reprisal is initiated, the soldier can file a complaint with an IG and seek redress from his Commanding Officer (CO). If the CO fails to provide it, the military member has the right to file an Article 138 complaint against the CO seeking redress and restoration to the member of any rights, privileges, property or status to which the member would have been entitled had the wrong not occurred.

Guidelines for Handling Dissident and Protest Activities Among Members of the Armed Forces

This directive explained how to conduct the redress campaign.

Distributing newspapers and/or publications: Soldiers can distribute newspapers, even ones critical of government at official outlets on base such as post exchanges and military libraries.

Publication of Underground Newspapers: A member of the military may write for an underground publication if it is done off duty and on nonmilitary equipment. Articles in the publication may not contain slanderous language that is punishable under federal law.

Participation in political demonstrations: Soldiers can participate in political demonstrations while off base, off duty, in the United States, out of uniform and not acting on behalf of the military. Military members cannot attend demonstrations where violence is likely to occur.

DOD directive 1344.10

Political Activities by Members of the Armed Forces on Active Duty

Military members:

• may express their personal views on political and social issues.

• may make monetary contributions to a political organization.

• may attend political meetings, rallies, or conventions when not in uniform.

• may write a letter to a newspaper editor expressing personal views on public issues.

• are prohibited from making a contribution to and soliciting or receiving a contribution from another member of the armed forces or a civilian officer or employee of the United States to promote a political cause, including a political campaign.

• are prohibited from using contemptuous words against officeholders and government officials.

DOD Directive 1354.01

DOD Policy on Organizations That Seek to Represent or Organize Members of the Armed Forces in Negotiation or Collective Bargaining

Military members may:

• join or maintain membership in any lawful organization or association not constituting a "military labor organization."

• present grievances concerning the terms or conditions of the service of such member in accordance with established military procedures.

• petition the Congress for redress of grievances.

See more stories tagged with: protest, activism, iraq war, free speech, first amendment, aclu, naacp, us military, navy, appeal for redress, military project, military project, david cortright, central committee for con, uniform code of military

Navy Petty Officer Jonathan Hutto is a founding member of Appeal for Redress. He can be contacted at antiwarsoldier@fourthfreedom.org.

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