Conduct Unbecoming

[Judi Lynn]

December 30, 2004
Conduct Unbecoming

by Paul Craig Roberts
What defines conduct unbecoming an officer?

Major General Thomas Fiscus, judge advocate general of the Air Force, opposed the harsh interrogation techniques approved and later rescinded by Defense Secretary Donald Rumsfeld for use on Guantanamo prisoners. Subsequently, General Fiscus has been reprimanded for a dozen sexual affairs during the last decade and may face disbarment proceedings.

As the affairs were consensual with civilian and military women, one doesn't know whether the general is being punished for sticking up for human rights or whether the U.S. military thinks abstinence is a requirement of general officers, with sexual license left to the Dominatrix of Abu Ghraib.

Punishing a general for sex is inconsistent with the macho "burn, kill, and destroy" image being cultivated by the U.S. military in Iraq. Can a hegemonic army be commanded by saints?

Gen. Fiscus' punishment is unlikely to stifle sex in the military. His punishment can, however, be defended as an attempt to uphold rules against fraternization and conduct unbecoming an officer. However impractical these old rules might be in a military integrated with women and homosexuals, if these rules are not enforced, other rules will go by the wayside, and the rot of demoralization will take hold.
(snip/...)

http://www.antiwar.com/roberts/?articleid=4234

On edit: Adding photo of General Don Juan Fiscus.



The Air Force bio. of the horndog judge advocate general:

http://www.af.mil/bios/bio.asp?bioID=5418

[orpupilofnature57]

1. Good ol boy network alive and well, how many husbands go to

Levin worth, because of assholes like this.

[jody]

2. Article 120 of the UCMJ says

Sec. 920. Art. 120. Rape and carnal knowledge

(a) Any person subject to this chapter who commits an act of sexual
intercourse, by force and without consent, is guilty of rape and shall
be punished by death or such other punishment as a court-martial may
direct.
(b) Any person subject to this chapter who, under circumstances not
amounting to rape, commits an act of sexual intercourse with a person--
(1) who is not that person's spouse; and
(2) who has not attained the age of sixteen years;

is guilty of carnal knowledge and shall be punished as a court-martial
may direct.
(c) Penetration, however slight, is sufficient to complete either of
these offenses.
(d)(1) In a prosecution under subsection (b), it is an affirmative
defense that--
(A) the person with whom the accused committed the act of sexual
intercourse had at the time of the alleged offense attained the age
of twelve years; and
(B) the accused reasonably believed that that person had at the
time of the alleged offense attained the age of sixteen years.

(2) The accused has the burden of proving a defense under paragraph
(1) by a preponderance of the evidence.

[teryang]

3. What's the relevance of this article

He was charged with fraternization.

[jody]

4. The news article said "reprimanded for a dozen sexual affairs". That

falls under the UCMJ article I cited for which he could have been court martialed, not reprimanded.

[teryang]

5. He wasn't charged with rape

He was charged with fraternization, which is also a court martial offense. Fraternization is a consensual offense. It has no equivalent in civilian law.

[jody]

6. Point well taken. I thought he was also accused of using his position

to force sexual affairs. If that is not the case, then I am completely wrong in citing the UCMJ article.

[teryang]

8. I think that there is a presumption of exploitation

...behind making it illegal for a superior to have a sexual relationship with a subordinate. It certainly isn't a relationship of equality. It is also bad for morale, smacks of favoritism, and presents an avenue to subordinates to gain undue influence over the command structure.

"Whether the contact or association in question is an offense depends on the surrounding circumstances. Factors to be considered include whether the conduct has compromised the chain of command, resulted in the appearance of partiality, or otherwise undermined good order, discipline, authority or morale...."

Federal regulations address something similar to this. Justice Thomas had a big problem with this as an EEO commissioner. He should have never been made a Justice. It isn't whether the relationship actually culminates in a sexual act, its whether you engaged in an inappropriate personal relationship with a subordinate potentially detrimental to the well being of your organization.

[The Judged]

7. Is he an enemy combatant now? Is this racial dis-crimi-nation?