| AR 600-20 |
[Nov. 19th, 2009|03:00 pm] |
Participation in extremist organizations and activities by Army personnel is inconsistent with the responsibilities of military service. It is the policy of the United States Army to provide equal opportunity and treatment for all Soldiers without regard to race, color, religion, gender, or national origin. Enforcement of this policy is a responsibility of command, is vitally important to unit cohesion and morale, and is essential to the Army’s ability to accomplish its mission. It is the commander’s responsibility to maintain good order and discipline in the unit. Every commander has the inherent authority to take appropriate actions to accomplish this goal. This paragraph identifies prohibited actions by Soldiers involving extremist organizations, discusses the authority of the commander to establish other prohibitions, and establishes that violations of prohibitions contained in this paragraph or those established by a commander may result in prosecution under various provisions of the UCMJ. This paragraph must be used in conjunction with DODD 1325.6, Subject: Guidelines for Handling Dissident and Protest Activities Among Members of the Armed Forces. DA Pam 600–15 provides guidance in implementing Army policy on extremist activities and organizations.
a. Participation. Military personnel must reject participation in extremist organizations and activities. Extremist organizations and activities are ones that advocate racial, gender, or ethnic hatred or intolerance; advocate, create, or engage in illegal discrimination based on race, color, gender, religion, or national origin, or advocate the use of or use force or violence or unlawful means to deprive individuals of their rights under the United States Constitution or the laws of the United States, or any State, by unlawful means.
b. Prohibitions. Soldiers are prohibited from the following actions in support of extremist organizations or activities. Penalties for violations of these prohibitions include the full range of statutory and regulatory sanctions, both criminal (UCMJ), and administrative.
(1) Participating in public demonstrations or rallies.
(2) Attending a meeting or activity with the knowledge that the meeting or activity involves an extremist cause when on duty, when in uniform, when in a foreign country (whether on or off duty or in or out of uniform), when it constitutes a breach of law and order, or when it is likely to result in violence or when in violation of off limits sanctions or commander’s order.
(3) Fund raising activities.
(4) Recruiting or training members (including encouraging other Soldiers to join).
(5) Creating, organizing, or taking a visible leadership role in such an organization or activity.
(6) Distributing literature on or off a military installation, the primary purpose and content of which concerns advocacy or support of extremist causes, organizations, or activities; and it appears that the literature presents a clear danger to the loyalty, discipline, or morale of military personnel, or the distribution would materially interfere with the accomplishment of a military mission.
c. Command authority. Commanders have the authority to prohibit military personnel from engaging in or participating in any other activities that the commander determines will adversely affect good order and discipline or morale within the command. This includes, but is not limited to, the authority to order the removal of symbols, flags, posters, or other displays from barracks, to place areas or activities off-limits (see AR 190–24), or to order Soldiers not to participate in those activities that are contrary to good order and discipline or morale of the unit or pose a threat to health, safety, and security of military personnel or a military installation.
d. Command options. Commander’s options for dealing with a Soldier’s violation of the prohibitions include—
(1) UCMJ action—Possible violations include the following:
(a) Article 92—Violation or failure to obey a lawful general order or regulation.
(b) Article 116—Riot or breach of peace.
(c) Article 117—Provoking speeches or gestures.
(d) Article 134—General article, specifically, conduct which is prejudicial to good order and discipline or service discrediting.
(2) Involuntary separation for unsatisfactory performance or misconduct, or for conduct deemed prejudicial to good order and discipline or morale.
(3) Reclassification actions or bar to reenlistment actions, as appropriate.
(4) Other administrative or disciplinary action deemed appropriate by the commander, based on the specific facts and circumstances of the particular case.
e. Command responsibility. Any Soldier involvement with or in an extremist organization or activity (such as membership, receipt of literature, or presence at an event) could threaten the good order and discipline of a unit. In any case of apparent Soldier involvement with or in extremist organizations or activities, whether or not violative of the prohibitions in subparagraph b, commanders must take positive actions to educate Soldiers, putting them on notice of the potential adverse effects that participation in violation of Army policy may have upon good order and discipline in the unit and upon their military service. These positive actions include—
(1) Educating Soldiers regarding the Army’s equal opportunity policy. Commanders will advise Soldiers that extremist organizations’ goals are inconsistent with Army goals, beliefs, and values concerning equal opportunity.
(2) Advising Soldiers that any participation in extremist organizations or activities—
(a) Will be taken into consideration when evaluating their overall duty performance, to include appropriate remarks on evaluation reports.
(b) Will be taken into consideration when selections for positions of leadership and responsibility are made.
(c) Will result in removal of security clearances, where appropriate.
(d) Will result in reclassification actions or bar to reenlistment actions as appropriate.
(3) The commander of a military installation or other military controlled facility under the jurisdiction of the United States will prohibit any demonstration or activity on the installation or facility that could result in interference with or prevention of orderly accomplishment of the mission of the installation or facility, or present a clear danger to loyalty, discipline, or morale of the troops. Further, such commanders will deny requests for the use of military controlled facilities by individuals or groups that engage in discriminatory practices or for activities involving such practices.
f. Legal advice and counsel. Commanders should seek the advice and counsel of their legal advisor when taking actions pursuant to this policy.
Discussion:
Did Major Hasan's repeated statements of violent Islamic beliefs, confrontations with co-workers, and behavior towards other Soldiers constitute activity consistent with extremist organizations or activities as defined in para 4-12(a) above?
Did Major Hasan's commanding officer fail to exercise his duty expressed in para 4-12(e) to take positive action regarding the "apparent" involvement with activities not in keeping with good order and discipline? |
|
|
![[info]](http://l-stat.livejournal.com/img/userinfo.gif){kind=small}
dekarch's journal