OHIO ARNG Chaplain calls Joint Chief of Staff's letter seditious

[FJAG]

This should prove interesting:

Ohio Army National Guard chaplain accused Joint Chiefs of sedition​

COLUMBUS, Ohio (Tribune News Service) — In a Facebook post, a chaplain and lieutenant in the Ohio Army National Guard called a letter from the Joint Chiefs of Staff “seditious.”

Now the soldier may face scrutiny himself from the military for his remarks.

Chris Boyd, of Montpelier in northwest Ohio, posted a letter sent by the Joint Chiefs of Staff on Jan. 12 on his Facebook page and called the letter “deceptively seditious," according to screenshots provided by the Military Religious Freedom Foundation. He added that the Joint Chiefs are scared or “in bed with the left.”

The letter from the Joint Chiefs of Staff reminds those in the armed forces that they support and defend the Constitution following the Capitol riot. It also mentions that President Joe Biden will become their commander in chief.


Boyd also wrote that "democrats (sic) ruin everything. They steal your money. They steal our election. They murder children."

In another post, Boyd wrote that he thinks the insurrection at the Capitol on Jan. 6 was done by "leftist politicians" who were "imitating what they think represents republicans (sic)."

The Military Religious Freedom Foundation, a civil rights organization based in New Mexico but chartered in Washington, D.C., was alerted to Boyd’s posts by an anonymous Army captain, and on Friday afternoon sent a letter to Ohio Adjutant General John C. Harris asking for an investigation of Boyd.

“He’s accused the Joint Chiefs of Staff of seditious treason,” said Michael “Mikey” Weinstein, the founder and president of the Military Religious Freedom Foundation. “It’s unbelievable.”

See whole article here.

 

[X Royal]

Interesting may be an understatement.

 

[dapaterson]

Sounds like he's trying to get an appointment to the USAFA.

 

[Gorgo]

I honestly think that the OH ANG senior leadership will be QUITE HAPPY to be free of this yahoo!

 

[Blackadder1916]

This could turn into a clusterf**** or at the least into an "interesting" process for the shysters. Depending on when the chaplain actually posted those comments he may avoid judicial punishment. This numpty is an officer in the National Guard and, unless he was on "federal service" at the time of the offence, would not be subject to the UCMJ.

10 U.S. Code § 802 - Art. 2. Persons subject to this chapter

www.law.cornell.edu

(a) The following persons are subject to this chapter:
(1) Members of a regular component of the armed forces, including those awaiting discharge after expiration of their terms of enlistment; volunteers from the time of their muster or acceptance into the armed forces; inductees from the time of their actual induction into the armed forces; and other persons lawfully called or ordered into, or to duty in or for training in, the armed forces, from the dates when they are required by the terms of the call or order to obey it.
(2) Cadets, aviation cadets, and midshipmen.
(3)
(A) While on inactive-duty training and during any of the periods specified in subparagraph (B)—
(i) members of a reserve component; and
(ii) members of the Army National Guard of the United States or the Air National Guard of the United States, but only when in Federal service.

However the individual states do have their own versions of the UCMJ, in Ohio's case it is Chapter 5924: CODE OF MILITARY JUSTICE in which it reads

5924.02 Persons subject to code.
The following persons who are not in federal service are subject to this code:
(A) Members of the organized militia, including Ohio national guard dual-status technicians during their normal duty hours;
(B) Persons who have been placed on the state retired list pursuant to section 5913.07 or 5919.13 of the Revised Code;
(C) All other persons lawfully ordered to duty in the organized militia, from the dates they are required by the terms of the order or other directive to obey the order or directive, including any time during which they are going to or returning from duty in the organized militia.

While I haven't found any precedents that specifically address the "during normal duty hours", in a previous version (2011) of the Ohio codes the same sub-para (A) did not include the statement "including Ohio national guard dual-status technicians during their normal duty hours" so that may only be referring to dual-status technicians. However, criticizing the Joint Chiefs (or any senior "federal" officer) may not necessarily be an offence under the state code.

The conduct of the chaplain, stupid as it may be, may also fall under Ohio National Guard Political Activities Policy (HRO Policy # 20-018)

d. Title 32 Traditional National Guard Members (MDAY / DSG): Traditional National Guard members have very limited restrictions under paragraphs 4.1.4 and 4.3 of DoDD 1344.10, Political Activities by Members of the Armed Forces. Consequently, all Traditional National Guard personnel should familiarize themselves with aforesaid paragraphs of this DoDD and the enclosed OHNG Political Activities Reference Guide, and adhere to the guidelines within those documents.

7. Social Media Guidelines: All military-service members and DoD (i.e. federal) employees may generally express their personal views on public issues or political candidates, via social media platforms, such as Facebook, Twitter, or personal blogs; much the same as they would be permitted to write a letter to the editor of a newspaper. If, however, when expressing personal opinions, personnel are identifiable (by a social media site) as members of the OHNG and/or military members or DoD employees, all postings must clearly and prominently state that "the views expressed are those of the individual ONLY and not those of the Department of Defense or the Ohio National Guard." Enclosed are "Election & Social Media Troop Cards," which can be disseminated and used by all members for a quick social-media reference.

 

[FJAG]

Lots of interesting issues. Staff Judge Advocates are earning their pay.