Resources for GI's

This page is meant to provide basic information about GI Rights, as well as links to more extensive information about each topic. If you are in need of immediate help or have questions about how to apply what's written on this page to your own situation, please contact the GI Rights Hotline at (206) 789-2751 or toll free at (877) 447-4487. You can also contact a GI Rights counselor by sending an email to counselor@sdmcc.org

The GI Rights Hotline is a network of non-profit, non-governmental organizations that provides information to members of the military about discharges, grievance and complaint procedures, and other civil rights. All calls are free and confidential.

This page is broken up into four different sections:

Grievances and Complaints:

There are many forms of complaint, and one or another may be used for virtually any injustice, wrong, or form of oppression. You may make a grievance resulting from:

  • mistreatment by a superior;
  • failure to act on a request (such as a request for medical attention or a request for hardship discharge);
  • unlawfully restricting a servicemember's rights (as discussed in Military Justice and GI Rights);
  • unlawful discrimination or sexual harassment; or,
  • damage to, or improper seizure of, personal property.

There are several formal methods for requesting redress of grievances, including:

Inspector General (Ft. Lewis)
Congressional Caseworker
Article 138 of the UCMJ
Article 139 of the UCMJ
Equal Opportunity (EO) Complaint (Ft. Lewis)

In addition to the above actions, any person subject to the Uniform Code of Military Justice may request that criminal charges be brought against anyone who violates the UCMJ, even if he or she is under charges, under arrest, or in confinement. However, the military command will decide whether to proceed with prosecution.

Formal complaint procedures can be supplemented by "raising hell": using the media, instigating political pressure from civil rights groups or other outside political groups, and generating support in the local civilian community.

The measures for requesting a redress of grievances are limited in their effectiveness. Servicemembers are hampered by two restrictions civilians do not face:

The "Feres Doctrine" prevents members from suing their employer (the military) for monetary damages.
No matter how intolerable the situation becomes, servicemembers can not legally quit their jobs.

In addition, members often feel intimidated into not taking action for fear of reprisals. Such reprisals can take the form of personnel actions taken directly by the commander or more informal retaliation by supervisors and peers, including verbal and physical abuse, which may or may not be condoned by the commander.
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Getting a discharge from the military

This section and links provides information on administrative discharges from the US military. No discharge is easy to get but with the information in this guide you can be well prepared for seeking an administrative discharge.

Before you try to get any of the discharges described in this section, contact the GI Rights Hotline at (206) 789-2751 or toll free at (877) 447-4487. You can also contact a GI Rights counselor by sending an email to counselor@sdmcc.org. A counselor can discuss the various discharges with you, help you decide if one is good for you, explain procedures, work with you to gather the necessary documents, and support you throughout the process.

You Are Not Alone
When trying for a discharge you may find yourself up against some tough obstacles. The military won't let you go easily, unless you've somehow convinced your command that a lot of money and time will be wasted in forcing you to stay in. Working for your freedom and for justice is always a struggle. You will need practical support and someone to help you keep your spirits up. There are many civilian counselors around the country to help you who can be contacted through the GI Rights Hotline.

Remember, above all, that you are not alone. Thousands of military servicemembers have problems similar to yours, and most find a way to resolve them. You will, too.

Discharge or Separation?
A "discharge" completely cuts off all legal ties a person has to the military. "Separation" is a more general term which includes discharge, release from active duty, transfer to the inactive reserves, and similar changes in active or reserve status. For example, if your application for a discharge for "conscientious objection" is approved, you will be discharged with no possibility of being called for active duty. However, if you were given an early release for a hardship in your family or for pregnancy, you would be "separated," but not necessarily discharged. Many separations result in a transfer to the inactive reserves (the Individual Ready Reserve) for the rest of your enlistment and you are still eligible for call-up in a mobilization.

An Honorable Discharge?
This section does not discuss the Bad Conduct Discharge (BCD) or Dishonorable Discharge (DD), which are "punitive" discharges resulting only from a special or general court-martial. Instead, this booklet deals with "administrative" separations.

The "character" of your separation is the description that appears on your discharge or separation papers. It may be Honorable, General (Under Honorable Conditions), Under Other Than Honorable Conditions (OTH), or an Entry Level Separation (ELS). "Characterization" is different from the "reason" for discharge, which will also appear on your discharge papers. Reasons for discharge are discussed in the next section.

You will get an Honorable discharge if you have met the standards of conduct and performance. Always request an Honorable discharge when you are trying for any of these separations.

You may receive a General discharge if your military service has been good, but you have some stains on your record, like a few Article 15s or some bad performance evaluations.

A pattern of bad behavior can result in an Other Than Honorable discharge. But before this can happen, you have a right to a hearing with an Administrative Board. Talk to a counselor or attorney about this.

You will receive an Entry Level Separation if separation processing is begun while you're still in "entry level status" (generally, the first six months of active duty). This uncharacterized separation is neither honorable nor less then honorable because you have not been in the military long enough to develop a record. With an Entry Level Separation, you are not entitled to the usual veterans benefits.

With either an Honorable or General separation, you will be entitled to veterans benefits. But an OTH may result in a loss of benefits. It may also cause problems in getting a job if a civilian employer asks to see your discharge papers and is prejudiced by a bad discharge. If you have heard a rumor that your discharge will be automatically "upgraded" to honorable six months after discharge--don't believe it! It's not true. Upgrading a discharge is a complicated process and not always successful. Sometimes, in pursuing a discharge, you will have to choose: How much do you want the discharge, although it could hurt your record or cost you your benefits? Would you rather remain in the military and hope your discharge will be honorable?

It's a difficult decision. A counselor can help you think it through.

Entry Level Performance and Conduct
Discharge for members in their first 180 days of active duty

Conscientious Objection
An objection to participation in war

Homosexual Conduct or "Don't Ask, Don't Tell"
If member intends to engage in homosexual acts

Hardship or Dependency
A family member requires a servicemember's presence

Disability
A physical or psychological condition that significantly interferes with fitness for duty

Other Designated Phyiscal and Mental Conditions
Physical or mental conditions, not amounting to a disability, that interfere with a servicemember's performance

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Free Speech and other Rights of Servicemembers

WHAT FREE SPEECH RIGHTS DO MEMBERS OF THE MILITARY HAVE?
Members of the military have rights under the U.S. Constitution, laws passed by Congress, and the military's own regulations. If you are in the military, you probably know by now that the military doesn't tell you much about your rights. This leaflet provides basic information about your right to attend demonstrations, as well as to protest and say what's on your mind. You can get more information by reading the military's regulations yourself. It is also a good idea to talk to a civilian lawyer or counselor experienced in military law. Military regulations give you important ways to protest what's going on in Iraq, Afghanistan , the Philippines and elsewhere. They also impose important limitations you need to know about. People in the military don't have the same constitutional right to express themselves as civilians do. Courts have upheld some of these limitations, reasoning that the right to free speech must give way if the military says that is necessary for it to accomplish its mission. Other limitations haven't been tested in court yet. While many lawyers and even some judges disagree with the way the Supreme Court has decided military First Amendment cases, all courts are required to follow the Constitution as it has been interpreted by the Supreme Court.

THE RIGHT TO READ AND DISTRIBUTE THIS MEMO OR ANTI-WAR MATERIAL.
The military regulation that covers protest and dissent by members of the military is Department of Defense (DoD) Directive 1325.6 -- "Guidelines for Handling Dissident and Protest Activities Among Members of the Armed Forces." This directive allows members to possess and read anything they want. Limitations apply to distribution. For example, the command may prohibit members from distributing written materials on base, other than through "official outlets," without prior approval. If the command finds that you have more than one copy of anything, it may claim that you intend to distribute it. If the command thinks that you are going to distribute something without prior approval, the authorities may take it from you. The command may not prevent you from distributing printed material simply because it is critical of government policies or officials. The command may limit distribution of printed material if the command believes the material presents "a clear and present danger to the loyalty, discipline, or morale of military personnel, or if the distribution of the publication would materially interfere with the accomplishment of the military mission."

Although DoD Directive 1325.6 permits military members to possess and read anything they want, it limits what organizations a member may participate in. Members may not participate in organizations which advocate discrimination based on race, sex, creed, religion, or national origin. They also may not participate in organizations which advocate the use of force or violence (other than the military, of course!). Although having literature from these organization is not itself illegal, it could raise suspicions that you are participating in those organizations.

THE RIGHT TO ATTEND PEACEFUL DEMONSTRATIONS OFF BASE
DoD Directive 1325.6 says it is DoD policy to preserve military members' "right of expression … to the maximum extent possible, consistent with good order and discipline and the national security." Then it puts limits on that right. Members of the military may attend demonstrations. But only in the United States. Only off base. Only off duty. And only out of uniform. Free speech may be forbidden if it "constitute[s] a breach of law and order." It is also forbidden "when violence is likely to result." Peaceful demonstrations are not a problem. Violent ones are. Members who do not want to risk court-martial, should stay away from demonstrations they think are likely to become violent.

YOU HAVE THE RIGHT TO SAY (MOSTLY) WHAT YOU THINK, ORALLY AND IN WRITING.
But there are some limits here, too. You can't say things that encourage violence or urge others to violate the regulations, you can't communicate with "the enemy" by writing letters to Iraqi officials or soldiers, and you can't call the President, Dick Cheney, Donald Rumsfeld, or a few other high government officials what article 88 of the UCMJ calls "contemptuous words." Service people have gotten into trouble for using "fascist," "thief," murderer," "tyrant," "fool," and "gangster" in relation to such people (but officers didn't get in trouble for saying things like that about President Clinton). Article 88 says it only applies to an officer but if they really want to go after an enlisted person for saying these things they'd probably try to use the catchall, art. 134's "to the prejudice of good order and discipline in the armed forces, or conduct of a nature to bring discredit upon the armed forces."

Art. 117 of the UCMJ outlaws saying ugly things about people, but that's so broad it's probably unconstitutional unless used against really super awful statements. You're in more substantial danger if you say things that could make GI's desert, disobey lawful orders, or refuse to do their jobs.

You can, subject to all of these limitations, write, publish, and distribute things like newspapers, leaflets, and web pages. You can write letters to the editor as long as they're not part of an organized letter campaign for a political candidate or party (the Army deals with electoral political activity in its Regulation 600-20 Appendix B). It all has to be while you're off duty and without using military paper, ink, computers, phones, or other supplies or equipment.

You can put a bumper sticker on your car. Yard signs off base are governed by the same rules as other writings (unless it's displayed by a civilian resident and so gets the benefit of civilian free speech rules); in base housing they're iffy, subject to local orders, and probably with more leeway for those on issues ("No War") than for politicians (Vote for Bush").

And, of course, you can't say or imply that you are speaking on behalf of the military. Civilian spouses and children are just that-civilians. Off base, they aren't governed by the military's limitations. For on base activity, the command can issue orders that take away their right of expression almost the same as service members.

THE RIGHT TO CONSULT A CIVILIAN ATTORNEY
Military members have the right to consult civilian attorneys. It's also perfectly legal for them to talk with and get help from civilian "military counselors." Counselors are not attorneys, but they have information about discharges, administrative complaints, and exercising your rights in the military.

PROTECT YOURSELF
DoD Directive 1325.6 promises that "The Service members' right of expression should be preserved to the maximum extent possible, consistent with good order and discipline and the national security." The Directive also asserts that this right must be balanced against how the exercise of free speech affects the "effectiveness of [the] unit." "Balancing" these two interests is left to "the calm and prudent judgment of the responsible commander." You don't have to be in the military long to find out that that "balancing" can lead to retaliation against members who exercise their rights to protest. Sometimes innocent and completely legal actions lead to retaliation in the form of poor performance evaluations, bad recommendations, and bogus disciplinary charges. Sometimes folks are labeled as troublemakers and face informal harassment from co-workers and superiors. Sometimes this kind of retaliation backfires by producing admiration from fellow members.

If the command tried to retaliate against you for exercising your free speech rights, get some legal assistance. Talk with a civilian military counselor and/or a civilian attorney familiar with military law. You may be able to file a complaint under Article 138 of the UCMJ. You may be able to file a complaint under the Military Whistleblower Protection Act. There may be other legal channels. An attorney or counselor can help you file a complaint or communicate with your command about the problem.

Since the war in Iraq started, many soldiers have talked to the media, both in Iraq and in the States. They have said they want to come home and that the war is wrong. Some soldiers have talked with and written to members of Congress to oppose the war. Many have marched in demonstrations. So far, the military hasn't done much to stop this, perhaps because there is so much dissent, and perhaps because many Americans support soldiers who want to come home now. Some commands have threatened soldiers and sailors, even for actions like these that are completely legal. The best way to protect yourself is to be prepared in advance. Before you exercise your rights, read the regulations. Talk with an attorney or civilian counselor. Try to arrange in advance for legal backup in case your command develops an attitude.

It is also important to think about whether you are vulnerable. Is there anything in your record or any action pending against you that might be a problem if your command wants to cause you trouble? An attorney or civilian counselor can help you to be sure you have as much protection as possible against harassment or retaliation.

If officials ask you questions about subjects that could get you in trouble, even if you believe you were in the right, you have a right under the Fifth Amendment to the Constitution and Article 31 the UCMJ not to answer. You don't have a right to lie. Lying can get you in trouble. Saying "I don't know" when you do know is a lie. Saying "I exercise my rights under the Fifth Amendment and Article 31 not to respond to that question" or "I choose not to respond to your questions before consulting with an attorney" should not get you in trouble.

REGULATIONS

  • DoD Directive 1325.6. Guidelines for Handling Dissident and Protest Activities Among Members of the Armed Forces. Also has a provision that tries to prevent racial, gender, religious, or ethnic hatred. The individual branches have their own regulations which implement this Directive. AF Instruction 51-903, AR 600-20 Appendix B (having to do with partisan politics); MCO 5370.4B, and OPNAVINST 1620.1B. These regulations also deal with racial, gender, religious, or ethnic hatred. There are also often local directives.
  • DoD Dir. 1334.1. Wearing of the Uniform. Prohibits wearing uniform at certain events, including demonstrations.
  • DoD Directive 1354.1. DoD Policy on Organizations the Seek to Represent or Organize Members of the Armed Forces in Negotiating or Collective Bargaining. Prohibits members of the military from joining a union, attempting to enroll other members in a union, or striking.
  • DoD Directive 7050.6. Military Wistleblower Protection.

STATUTES

  • 10 U.S.C. § 976. Makes it illegal for members of the military to unionize.
  • 10 U.S.C. § 774. Establishes limited right to wear conservative items of religious apparel while in uniform (For details on implementation, see DoD Directive 1300.l7).
  • 10 U.S.C. § 1034. The Military Wistleblower Act - Protects right to complain to Congress and the Inspector General, and protects members from retaliation for filing complaints.
  • UCMJ Art. 138. Establishes the right to complain to a higher officer when wronged by your commanding officer.

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I'm AWOL/UA . . . Now What?

The GI Rights Hotline assists thousands of servicemembers every year who have gone AWOL or UA. We keep up-to-date information on each Service's AWOL and UA policies, provided to AWOL or UA clients in a confidential setting. Please contact us at (206) 789-2751 or toll free at (877) 447-4487, or send an email to counselor@sdmcc.org

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