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whosinpower Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-07-04 01:26 PM
Original message
Dereliction of duty????????
I have a question for those DUer's who have served in the military....what precisely does "dereliction of duty" mean?
I am refering to the US pilot who has been charged with dereliction of duty, a written reprimand and a fine of $5800.00 for the mistaken bombing of four canadian soldiers in Afghanistan.

Somehow, it seems pretty light sentence...1450.00 per death......

Comments anyone?
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tom_paine Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-07-04 01:27 PM
Response to Original message
1. More than he'd have to pay if he murdered Bushevik Enemies of the State
He'd GET money, in that event.
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leftofthedial Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-07-04 01:28 PM
Response to Original message
2. is that $1450 canadian or american?
either way, that's $1450 more than the deaths of 50 Afghan wedding goers killed by mistake or 50 Iraqi wedding goers killed because they live near the Syrian border.
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chiburb Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-07-04 01:30 PM
Response to Original message
3. Easier for him to plea this out than...
For them to go through a trial that would prove how drug-addled our pilots are (amphetamins) and how that just MIGHT cause them to drop bombs on Canadian troops (and wedding parties).

Yeah it's a light sentence, but better for the "system".
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Redhead488 Donating Member (547 posts) Send PM | Profile | Ignore Wed Jul-07-04 01:33 PM
Response to Reply #3
5. Do you know how much Speed one has to take before one is considered
impaired? Do you know how much the pilot took?
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chiburb Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-07-04 01:42 PM
Response to Reply #5
7. Lawyer Blames Bombing Mistake On Pills
(AP) Two U.S. pilots were on amphetamines when they accidentally dropped a bomb in southern Afghanistan, killing four Canadians, and were given antidepressants when they returned, one pilot's lawyer said Tuesday.

David Beck, attorney for Maj. William Umbach, spoke as a military hearing opened Tuesday to decide whether Umbach and Maj. Harry Schmidt will be court-martialed for dropping the guided bomb near Kandahar on April 17, 2002.

Beck raised the issue of "go pills," amphetamines given to Air Force pilots to help them stay awake during long missions, when the presiding officer, Col. Patrick M. Rosenow, asked whether the pilots are competent to undergo the hearing.

Beck answered that he would later raise the issue of the pills, saying Umbach's competency during the mission may have been impaired.

http://www.cbsnews.com/stories/2003/01/16/attack/main536802.shtml
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Redhead488 Donating Member (547 posts) Send PM | Profile | Ignore Wed Jul-07-04 01:46 PM
Response to Reply #7
9. That's not even close to
what I asked. Good article, but it doesn't address the question.
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chiburb Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-07-04 01:49 PM
Response to Reply #9
11. The point of my original post was to...
Show why the wrist-slap. Your question has nothing to do with the original poster or my post. I'm not a doctor, so couldn't answer you anyway...
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Redhead488 Donating Member (547 posts) Send PM | Profile | Ignore Wed Jul-07-04 01:55 PM
Response to Reply #11
12. I'm sorry
Looked like you were responding to me...since your post was in response to #5 (mine).
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Redhead488 Donating Member (547 posts) Send PM | Profile | Ignore Wed Jul-07-04 01:31 PM
Response to Original message
4. Simple
"Derelection of Duty" occurs when something (ANYTHING) goes wrong because one does (or does not do) something one should not have (or should have) done. You had a duty to perform a specific act (or not perform a specific act, and you were derelect in the performance (or non-performance) thereof.

It is a VERY light sentence, but it would have been hard to get a jury of his peers to convict him on any other charges.
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Sinistrous Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-07-04 01:41 PM
Response to Original message
6. Only if you are interested -----
Click the link for explanations of the text and elements.

http://usmilitary.about.com/library/milinfo/mcm/bl92.htm

Punitive Articles of the UCMJ
Article 92—Failure to obey order or regulation

Text. “Any person subject to this chapter who—

(1) violates or fails to obey any lawful general order or regulation;
(2) having knowledge of any other lawful order issued by a member of the armed forces, which it is his duty to obey, fails to obey the order; or
(3) is derelict in the performance of his duties; shall be punished as a court-martial may direct.”

Elements.

(1) Violation of or failure to obey a lawful general order or regulation.
(a) That there was in effect a certain lawful general order or regulation;
(b) That the accused had a duty to obey it; and
(c) That the accused violated or failed to obey the order or regulation.
(2) Failure to obey other lawful order.
(a) That a member of the armed forces issued a certain lawful order;
(b) That the accused had knowledge of the order;
(c) That the accused had a duty to obey the order; and
(d) That the accused failed to obey the order.
(3) Dereliction in the performance of duties.
(a) That the accused had certain duties;
(b) That the accused knew or reasonably should have known of the duties; and
(c) That the accused was (willfully) (through neglect or culpable inefficiency) derelict in the performance of those duties.
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chiburb Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-07-04 01:43 PM
Response to Original message
8. For the Canadian reaction, go here:
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FattyMcCraigs Donating Member (21 posts) Send PM | Profile | Ignore Wed Jul-07-04 01:48 PM
Response to Original message
10. quick question
When will the Canadian families receive the bill for the bombs?

1450 reasons to never help the US in a war.
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MessiahRp Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-07-04 02:01 PM
Response to Original message
13. Not only light...
But the punk was pissed that anybody would dare question him about what he did or so the guy questioning him said. Frankly that type of attitude should be exactly the kind the military should be squashing. There's no room for premadonna punks who murder Canadians and doesn't care about the lives he extinguished. I would have sentenced this guy to 10 years in prison myself.

Rp
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