Agosto said that when he enlisted in , he felt invading Iraq was wrong but that troops had a mission to complete. He said he began to oppose the wars in Iraq and Afghanistan after he served a month tour in Iraq, which ended in late After the sentence was announced, Agosto immediately ripped the rank patch from his uniform.
He later was escorted out of the building and taken to the county jail, where he will start serving his sentence. Also, Agosto cannot be discharged at a level lower than other-than-honorable conditions, an administrative discharge. A discharge was not mentioned in the hearing, but Agosto is expected to be released from the Army after completing his jail term.
As far as she was concerned, she had her family care plan intact. He hasn't spent any time with the baby or bought anything for the baby, so I'm going to guess he's an absentee father like most of the world. Sussman said Hutchinson was told " 'You have to get on that plane,' and she wasn't provided with any counseling as to what one does when they are the sole provider of a month-old infant. They knew that her family care plan wasn't complete and that it wasn't OK for her to deploy without a family care plan.
Hutchinson was in touch with her command, and she returned to the post the day after the deployment flight. Larson said, "The allegations against Spc. Hutchinson include alleged violations of the Uniform Code of Military Justice. Sussman said the Army had suggested the baby enter foster care and threatened to ship Hutchinson to Afghanistan for a court-martial. Mark Sullivan, retired Army Reserve JAG colonel and author of "The Military Divorce Handbook," said he wonders whether experts said it seemed the baby's father has been dismissed too quickly.
If he's not in prison, not convicted of child abuse, if he's not unlocatable because it was an overnight affair, I'm concerned she hasn't done the right searching. Apy said that foster care would be an acceptable option in a civilian case if neither parent was viable and that there's no reason it is not acceptable here. Military Times. Mar 27, This undated self-portrait provided by Army Spc.
GI Rights counselors routinely assist callers with stubborn commands and steps of action to arrive with compliance with the law including the militaries own rules and regulations. While reservists in the military generally know that they may someday be called to active duty, many reservists are unsettled when the actual orders come. Others joined the reserves for extra income, job training, or college money, without ever really identifying with the active duty military.
Each year hundreds of people contact the GI Rights Hotline looking for information about reservists and mobilization. Often people find the status of reserve components confusing. The military maintains reserve components for the express purpose of having extra forces available for mobilization whenever it is believed that these extra forces would be useful.
Although it can be waived, the Defense Authorization Act requires that mobilized reservists be given a minimum of 30 days and preferably 90 days advance notice for contingency operations. Receiving orders for mobilization to full time active duty often causes reservists to reexamine their relationship to the military.
GI Rights Hotline counselors are available to provide a free, confidential consultation regarding the options for someone who is mobilized. These can include. Other laws include The Uniformed Services Employment and Re-employment Rights Act, which protects reservists employed by US owned companies from losing their jobs based on membership in the military. It requires that employers give time off for drills and training as well as deployment. In addition, it requires that reservists who complete a deployment be given back their job with no loss of seniority or pay grade and with reinstated health insurance.
Self-employed reservists can potentially suffer greater financial adversity in the event of deployment and could explore the possibility of a hardship discharge with a GI Rights Hotline Counselor. Despite these special protections, being mobilized can cause serious complications for GIs. Many of the different discharges mentioned elsewhere in this site can help mobilized service members deal with the complications of being called to active duty.
Family hardship and parenthood status, conscientious objection, medical issues, and sexual identity can all be avenues a reservist could use to avoid mobilization when applicable.
Counselors are available to discuss any of these issues. Members of the IRR can apply for a delay or exemption and may follow with an appeal if the first decision is unfavorable. GI Rights Hotline counselors can give information about contacting the military for these issues. While it is illegal for GI Rights Hotline counselors to encourage or assist someone in breaking the law, counselors are able to inform callers of the likely consequences of breaking the law. Under the UCMJ , a reservist under Title 10 who fails to report for active duty is subject to the following articles:.
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