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Marine Corps Hearing

There are a few elements in the section regarding Kokesh's upcoming hearing that are inaccurate, from my understanding of the UCMJ and Marine Corps regulations.

• They are not "changing" Kokesh's discharge. He has already been discharged once, from active duty to the IRR. The upcoming discharge is his complete discharge from the service.
• Being in the IRR does not mean you are not under Marine Corps jurisdiction. You are still a reservist, subject to the Uniform Code of Military Justice.
• He is not being recalled to active duty. He was given the opportunity to waive his right to appear before a hearing, and chose to do so. Doing so does not mean he is on "Active Duty."

Unless anyone can provide documentation that shows any of those elements are false, I'll be changing them shortly.--Uhlek 19:38, 3 June 2007 (UTC)

I think you're probably right. There is just so much spin happening with this story that all of the media are reporting inaccurately. But that's standard. —Kenyon (t·c) 06:20, 4 June 2007 (UTC)

The hearing is scheduled for today, I'll wait until after the hearing results are announced to make the needed changes. --Uhlek 16:06, 4 June 2007 (UTC)

Papers are reporting that the panel has recommended a General Discharge; whether higher will do that is unknown, as is whether Kokesh will appeal. I'd rather not edit the story, and there's no telling what mis-understandings of military law the papers have. http://www.chron.com/disp/story.mpl/ap/nation/4861746.html htom 03:48, 5 June 2007 (UTC)

Your second point is incorrect. Reservists are not subject to the UCMJ except when under a paid status. UCMJ 1-802.2 is clearly worded on what persons are subject to the UCMJ. Even drilling reservists are not subject except during AT, ADT, and drill times.

Your understanding seems to differ from the Air Force's html at http://www.au.af.mil/au/awc/awcgate/ucmj.htm htom 19:25, 5 June 2007 (UTC)

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