WildBillKelsoe
Silver Member
- Dec 23, 2015
- 3,201
- 421
Sounds to me like this Marine--wouldbe Marine--has a nice little lawsuit, since he wasn't on duty and out of uniform and no charges were filed.
Actually, he doesn't really, because in order to be able to go to a political rally, you need to check with your PAO (Public Affairs Officer) to see what you can and can't do at the rally (the rules are pretty specific on those), which I'm guessing he probably didn't because DEP (Delayed Entry Program) personnel generally don't know anything other than what their recruiter tells them, since they are not fully in the military yet.
And yes, people who are in DEP are subject to the UCMJ, and are expected to act accordingly.
As far as kicking him out? DEP is a bit different than being active duty, because you haven't formally sworn in yet, so if you do something that could be considered embarrassing by the military, they can void your DEP enlistment and refuse to allow you to go to boot camp.
And no..................you don't need to appear before a courts martial to be discharged. You can be discharged for any number of reasons while in boot camp (failure to acclimate, not in good enough shape, or some other reason), and it is considered an ELS (Entry Level Separation), and they simply send you home.
In the cases of personnel who have been to Captains mast several times and show that they aren't good military people? The Captain can recommend that you are discharged and send it up to Washington for approval, or, sometimes Washington will send out a Project Upgrade message and you have one week to figure out who you want to kick out and if the meet the requirements of Project Upgrade, they are gone.
Worked in personnel for 20 years in the Navy, as well as worked at a Military Entrance Processing Station (MEPS) for the last 2 1/2 years I was in.
No, you don't have to get permission to attend a political function. Partisan and nonpartisan political events are permissible.
A conductory discharge requires a court martial.