JAG Major,

Sorry, your answer is part of the problem, not the solution.

The UCMJ process has gone overboard in its attempts to protect the miscreant from what he deserves. We are not in a draft army, where every congressman needs to react whenever a constituent complains that his nephew or granddaughter was abused by the all-powerful draft-based army. Our Soldiers are volunteers and they are (or need to be) prepared to be treated like adults.

We have created a system where (yes, here it comes... wait for it) the 5% of Soldiers, the undisciplined, don't care, Mommy didn't wipe their noses enough bunch, take up 90% of the time of the unit leadership. Paperwork, escorts, appointments, etc.

Leaders, NCOs and officers alike, need to ensure the punishments going to their Soldiers, are appropriate (perhaps not fitting the regulation but deserved and fair). Even as the unit commander, I had a feel for who was getting some extra time doing 'corrective' training, related to his offense or not. And I knew which of my junior leaders needed more watching to ensure it wasn't going to get outside of the 'appropriate' limitation.

The real issue is our legal system. Who is the proponent of the legal system? The lawyers! Who ensures the lawyers are doing what is right and is the primary disciplining force for the lawyers? The Bar! What does this lead to? The answer is 'more laws/codes/regulations/restrictions to cover more situations'. I smell a self-licking ice cream cone.

As was previously stated, there isn't a system that can't be abused, but we could probably try and make one. However, it would be totally ineffective in ensuring good order and discipline in a military formation because you will have taken authority away from everyone in the formation who needs to have it and it would no longer be of any use in a military sense.

Anyone truly abusing his power is bound to be found out in this day and time. Joe isn't going to take it and knows how to get the word out, through official and backdoor channels. The idea that we can remove more power from our junior leaders, demonstrate less trust in their judgment and leadership, and expect them to then lead effectively in combat is silly.

War has brought the military back to focusing on what is important - winning the war. The resistance to allowing common sense and trust of subordinates to come back into our daily operations is the fight we all face.

Tankersteve