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thedrifter
06-03-07, 06:24 PM
Reservist may be punished after war protest
By Trista Talton - Staff writer
Posted : Sunday Jun 3, 2007 15:14:44 EDT

JACKSONVILLE, N.C. — A corporal in the Individual Ready Reserve is facing punishment after being photographed wearing his uniform in an anti-war demonstration and using profanity with a superior officer after the photographs were published.

Cpl. Adam Kokesh, 25, an Iraq war veteran, will face an administrative discharge hearing June 4, where he may have his honorable discharge changed to an other than honorable. His IRR commitment was set to be completed June 18.

“Other Marines have been threatened with this,” Kokesh said in a telephone interview Wednesday. “I’m not the first. I took a stand on principle and said I’m not going to tolerate this. They messed with the wrong veteran.”

The Corps said he violated rules on two fronts: for wearing his uniform while participating in a political event, and for disrespecting a superior officer.

The proceeding will not be open to the public, according to a statement from Marine Corps Mobilization Command in Kansas City, Mo., “and release of any further information will be withheld to ensure compliance with federal law.”

The issue goes back to March 19, when Kokesh, dressed in his desert cammies along with other members of a Washington, D.C., chapter of Iraq Veterans Against the War held a mock patrol from Union Station to Arlington National Cemetery, Va.

A Washington Post story featured the demonstration, describing how participants carried imaginary assault rifles, pretended to take sniper fire and casualties and made mock arrests. Kokesh was in at least two photographs printed with the story. He removed his insignia before participating in the event.

Kokesh received an e-mail March 29 from a major at MobCom informing Kokesh he may have violated the Corps’ uniform regulations.

“Specifically, you may have violated the law while wearing all or part of your Marine Corps uniform while engaged in political demonstrations or activities,” the major wrote in a letter provided by Kokesh. “As a member of the Reserve Component, until 18 JUN 2007, the law restricts your wearing of the uniform at certain events.”

“I was offended,” Kokesh said. “I was surprised that they were applying the [Uniform Code of Military Justice] to the IRR. But regardless of whether it did or not, I was just deeply offended. I was deeply offended that the time of an active-duty major was [used] to investigate me for political activities.”

Kokesh said as much in his reply to the major, where he openly admitted that, after a nonjudicial punishment, he was reduced in rank from sergeant to corporal for bringing a pistol home from Iraq. He said the gun was not a war trophy, but one that he bought from an Iraqi police officer he’d been working with as a civil affairs noncommissioned officer. Shortly after his NJP, he was honorably discharged and declared Code 4, ineligible for re-enlistment.

“As we waste our time on such petty issues, our fellow Marines continue to die in futility in an occupation that our military is not adequately prepared to handle,” Kokesh wrote in the e-mail. “While as a citizen, I have my responsibility to do all I can to ensure that our noble weapons of democracy are employed only in the best interests of our nation, you still have a responsibility to accomplish the two goals of Marine Corps leadership: 1. Mission Accomplishment 2. Troop Welfare. I fail to see how reminding me of my ‘obligations and responsibilities’ helps you achieve either of these.”

“So no,” he continued, “I am not replying to your email in order to acknowledge my understanding of my obligations and responsibilities, but rather to ask you to please, kindly, go f--- yourself.”

His name was followed by the line “Proud F---ing Civilian.”

In a document dated April 23, Col. Stephen Brown, MobCom’s deputy commander, told Kokesh he would be recommending that Kokesh’s discharge be changed to other than honorable.

Kokesh said when he wore his uniform to the demonstration, he did so without his rank and insignia because he wanted to make it clear he was a veteran.

“I didn’t even think that if I wore them, I would get in trouble,” he said. “My understanding was that in the IRR [uniform rules] don’t apply to you.”

As for his e-mail to the major, Kokesh said, “I was simply exercising my freedom of speech.”

Kokesh’s attorney, Michael Lebowitz, said Marines in the IRR have two responsibilities: inform MobCom of where they are and show up to duty.

Marine Corps spokesman Lt. Col. Scott Fazekas said that even those in the IRR fall under the Corps’ rules.

“It’s very dangerous that they are going after him for his speech,” Lebowitz said. “It’s a huge First Amendment issue because the military’s actually going after a veteran based on his political speech. This is the first in a number of cases. We need to draw a line in the sand now. Basically, this reeks of politics from the military’s point of view.”

In a summary statement the major made in a preliminary inquiry involving Kokesh and two other IRR Marines, he said that personnel should be assigned to “search for and remediate misinformation by opposition groups and individuals.”

He also stated that there are two groups of Mobilization Training Units that fall under operational sponsorship of Headquarters Marine Corps public affairs and that “these groups of IRR Marines (primary officers) could use ‘drill periods’ to search for and investigate misinformation and provide relevant feedback to PAO in the way of prepared statements designed to counter misinformation.”

“It’s a great challenge and I think a lot of weight has been placed on my shoulders,” Kokesh said. “What’s at stake here is really the right to the freedom of speech for thousands of people who are serving in the IRR. I want people to know that I love the Marine Corps. I always have and I always will and that is why I am so deeply offended to see that it has been turned into a political tool.”

Ellie