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Army 'showdown' at eligibility corral. Lt. Col. asks for birth cert.

Article 138 doesn't apply to the chain of command. It allows a soldier to jump the chain of command and go directly to Congress.

So why didn't he just do that? Since it is congress that overseas eligibility. This is shameful grandstanding and he will lose. The president's eligibility is irrelevant to his orders
 
LOL...there's no need for precedence, since there's no restriction on how high up the chain of command a soldier can go to address a gievance.

And once again, it's his IMMEDIATE chain of command that he needs to address his grievence to. Not his Congressman, Senator, Supreme Court or even the President.

The heiarchy within military organizations is there for a reason. To handle such situations at the lowest level possible. If you're the veteran you claim to be you know this to be absolutely true!

And yes, Lt. Col Lakin has every right to appeal, but when it has been determined that his case has no merit and that his actions went against good order and discipline, the individual deserves to be punished for his wrong-doing. And that's where it ends.

Lt.Col Lakin's superior office has determined that he acted beyond the limits of his paygrade, and, moreover, his grievence had no merit and he conducted himself in violation of the UCMJ. He knew it and is therefore being punished for it. He knew it was coming. As far as I'm concerned, he deserves what he gets.
 
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Article 138 doesn't apply to the chain of command. It allows a soldier to jump the chain of command and go directly to Congress.
Then you obviously know that an Article 138 complaint can also be denied. Which is what seems to have happened here. Lakin claims he filed one over a year ago.
 
"Grieving" something is not the same as disobeying a direct lawful order. This dope is way past grieving anything now, except his future that is. :(
 
Article 138 doesn't apply to the chain of command. It allows a soldier to jump the chain of command and go directly to Congress.

Just so we're all clear on exactly what Article 138 of the UCMJ says:

Any member of the armed forces who believes himself wronged by his commanding officer, and who, upon due application to that commanding officer, is refused redress, may complain to any superior commissioned officer, who shall foreword the complaint to the office exercising court- martial jurisdiction over the officer against whom it is made. The officer exercising general court-martial jurisdiction shall examine into the complaint and take proper measures for redressing the wrong complained of; and he shall, as soon as possible, send to the Secretary concerned a true statement of that complaint, with the proceedings thereon.

Now, who is LtCol Lakin's immediate Commanding Officer? Who does he report directly to in complying with his orders? Who signs his fitness reports? I can tell you it is NOT the President of the United States. At the most, the highest Lt.Col Lakin's complaint could have gone is to the Secretary of the Army, but no further. That portion in bold clearly illustrates that his appeal had a particular avenue of redress to follow and once it got to that point within the appeal process, his avenue of appeal stopped right there.

Sidenote: You can pull this okie-doke on ordinary civilians, but you can't fool us vets.
 
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Just so we're all clear on exactly what Article 138 of the UCMJ says:



Now, who is LtCol Lakin's immediate Commanding Officer? Who does he report directly to in complying with his orders? Who signs his fitness reports? I can tell you it is NOT the President of the United States. At the most, the highest Lt.Col Lakin's complaint could have gone is to the Secretary of the Army, but no further. That portion in bold clearly illustrates that his appeal had a particular avenue of redress to follow and once it got to that point within the appeal process, his avenue of appeal stopped right there.

Sidenote: You can pull this okie-doke on ordinary civilians, but you can't fool us vets.

Lakin's immediate superior would be Colonel Gordon R. Roberts. What apdst also forget to mention is that an Article 138 can be denied which is what seems to have occurred in this case.
 
The only reason this case or any other case like it is likely to get some press is because of the birther issue attached to it. Otherwise, we'd never hear about it. It's akin to filing a frivalous law suit. Some cases are just worthless and have absolutely no merit whatsoever.
 
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