Lt Colonel Scheller

10/6/2021

Stars & Gripes reports that LtCol Scheller is now pending Special Court-Martial on various charges. As to the potential sentence, see R.C.M. 1003(b)(8)(A), (c)(2)? Could that be part of the deal to get him released from PTC, and perhaps GP follow, and then a BOI waiver?

Lone Bear

10/6/2021 02:24:45 pm

How can they hold him in PTC when confinement isn’t a punishment at a Special? Seems hard to argument confinement is only justified before the trial.

He has no incentive to plead at a Special.

1984

10/8/2021 01:22:41 am

Uhm, I was put in pretrial confinement for violating an expired no contact order and making a website that looked like an official military site, so yeah.

CTC

10/6/2021 02:49:20 pm

Seems like a good deal for all involved. A quick 1-day GP with a forum-induced punishment cap gets everyone to trial quicker and reduces his punitive exposure. Scheller doesn't languish in PTC; but he won't avoid a criminal conviction, either.

The real bargaining chip will be whether he gets administratively separated before his retirement eligibility; and if so under what basis and characterization--as this will now dictate whether he receives retirement pay and/or VA benefits. I suppose all of that is up for negotiation within the bounds of his PA.

Concerned Citizen

10/6/2021 04:09:02 pm

Part 1.

This isn’t the worst outcome, as long as Lt. Col. Scheller faces a court-martial. Not because he was demanding accountability. You can agree with him about that. It’s understandable to suggest senior leaders should be held accountable for what happened on 26 August in Afghanistan. Clearly many people believe that, and it’s plain to see why.

But let’s not pretend like that’s the end of the story. That does not explain why on 17 August he was already suggesting on social media that we need a “revolution.” He hasn’t exactly been subtle. He’s made it clear that he is “capable of violence,” and he plainly suggested to his followers that if they follow him they will bring the whole f***ing system down. That sounds a lot like a call for mutiny. Being right that senior leaders need to be held accountable does not excuse that.

In fact, as a senior leader in his organization, he needs to also be held accountable. He recorded his first video in his military uniform while sitting in his office behind his desk. He made contemptuous and disloyal statements with the mantle of battalion command. He doubled down on his military affiliation in subsequent videos.

Let’s not forget, he was a battalion commander, charged with training Marines upon their initial entry to the Armed Forces. The first lesson they learned was that their commander believes it’s acceptable to disobey orders, violate the UCMJ, and then call for the overthrow of the United States Government. Because if you do, there will be a mob of people willing to elevate you as a hero and come to your defense in the sum over $2.5 million dollars. Never mind the massive backlash it causes for the Marine Corps or the whole of the Armed Forces.

As a side note, for all the talk about how the nation has lost its way since it’s founding, how about accounting for the fact that this type of misconduct would have been met with severe (possibly lethal) and immediate consequences in the Continental Army. Or do we only believe in and support the parts of the 1776 revolution we think forward our own biases? (I for one am pretty happy we don’t have that type of justice system anymore). Please pardon my digression.

If what LTC Scheller has done does not amount to being prejudicial to good order and discipline, what does? How many Service members have lost their careers, lost their retirements for less? How many were punished because they fraternized, they were insubordinate, they had an affair, or committed any number of minor offenses under the General Article because in theory their conduct prejudiced good order and discipline? Did those people disrupt good order and discipline more that LTC Scheller? Did millions of people watch their misconduct play out for weeks online? Did their misconduct cause massive backlash against the military? Hardly!

Unlike in those other cases, we don’t have to speculate about whether Lt Col Scheller’s conduct might bring discredit to military. The American people have spoken. Just look at any of the tens or hundreds of thousands of online comments disparaging the military, the countless print media stories ,and the television media circus where pundits are spreading misinformation about the military justice process and the circumstances of his case.

Yes, he will likely lose his retirement regardless of how his case is disposed. But guess what, he’s raised over $2.5 million as of today. Who knows how much he will get when it’s all said and done. He will be fine. He already said he was going to resign. That’s not a punishment. He apparently turned down non-judicial punishment. What else’s is there? A General Officer Reprimand? The same punishment (err.. administrative remedy) an E1/Private gets when he misses curfew by a few minutes while otherwise serving honorably in Korea?

To be clear, this should not be partisan. It makes no difference in my mind the political leanings of the offender. There were ways he could have said what he wanted to say. He could have resigned in protest, but not the way he tried to by publicly undermining good order and discipline. Once he was out, he could have even use contemptuous words all he wanted. He could have also internally made his positions known. But he didn’t. If your thought is that it wouldn’t have worked, it wouldn’t have played out the way he wanted it to, or it wouldn’t have had the same effect… that’s my point! He used his status as a Marine and as a commander to serve his own ends. That’s simply not the role of the armed forces.

Concerned Citizen

10/6/2021 04:10:10 pm

Part 2.

I’m not suggesting everyone should be tried and convicted for voicing political concerns, or even if they commit some level of misconduct. But in a case like this, where the Service member violated the rules, violated the law, literally called for the overthrow of the government, and refused to stop doing so (going so far as to tell the world he would not stop and challenging the military to arrest him), yes… he should face a trial by court-martial.

If Lt Col Scheller is not tried by court-martial, military authority will be severally and potentially irreparably undermined. His case will be the new standard, and “boo” to any hypocrite who says otherwise when someone from another political camp does what he’s done!

And can someone please explain how he has not committed a major ethical violation by solicitation of financial support both for his wife and from the Pipe Hitter foundation? He solicited that support. He commented on the The Pipe Hitter site, “I gravitated towards PHF because in their mission it states, ‘defending the rights and freedoms of our men and women in uniform – the same rights and freedoms they risk their lives to uphold.’ This message is clearly in line with my life’s current path. A partnership with this organization was an easy choice.” He should not be allowed to accept the enormous sum and profit of his ethical violations. Can he keep that money?Seems like I read somewhere that such solicitations may be a no-no.

Bottom line: You can share his anger and sympathize with his call for accountability, but don’t pretend like he did nothing wrong.

allan

10/6/2021 05:38:28 pm

IDK about the effect this had upon the reputation of the military.

Frankly, LTC Scheller's point is more correct than not. The public has a worse perception of the military because the military would not tell the truth: it was failing in Afghanistan. I guess that should be read in light of the fact that there was no real identification of the mission. Also, if the generals had recognized that they were failing in whatever their mission was, it would have just led to the appointment of generals who would also fail, but who would not admit it.

Of course, LTC Scheller should have chosen a different way to express his concerns. Billy Mitchell was court-martialed for a very similar conduct. Then Col. H.R. McMaster seemed to have done it correctly when he condemned the way the military's counter-terrorism strategy and rewrote the book on it.

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