For US military veterans, a free-speech dispute

Three marines in the Individual Ready Reserve face potential discipline for taking antiwar stands.

By Tom A. Peter | Staff writer of The Christian Science Monitor

from the June 8, 2007 edition

Page 1 of 2

Having received an honorable discharge from active duty, former Marine Sgt. Adam Kokesh thought he could once again partake in all the privileges of civilian life, namely free speech. So Mr. Kokesh, who'd served one tour of duty in Fallujah with a civil affairs unit, became active in the antiwar movement.

There was one problem, though: Kokesh wasn't technically out of the military. He was still part of the Individual Ready Reserve (IRR), a gray area of military service where personnel are neither active duty nor entirely civilians. So when Marine Corps officials noticed pictures in The Washington Post of Kokesh protesting while wearing pieces of his uniform – OK for civilians, not for anyone in the military – they took disciplinary action. On Monday, the Corps recommended a downgrade of Kokesh's honorable discharge to a general discharge.

That probably won't affect his veterans' benefits. But two other marines in the IRR face similar charges and risk losing their veterans' benefits, such as healthcare and money for education.

The three marines' situation has raised questions about when military personnel officially become civilians entitled to free speech and all the other rights that Americans outside the service enjoy. Additionally, legal experts have accused Marine Corps officials of overstepping boundaries and have questioned their motives.

Although veterans have donned parts of their uniforms while protesting other wars, it is extremely rare, perhaps unprecedented, to be punished for doing so. A brigadier general is scheduled to decide Kokesh's case Friday.

Everyone in the military spends several years after the completion of active duty in the IRR. "Once you've finished your active-duty time, you fall into the IRR status," explains Marine Gunnery Sgt. Chad Homan, public-affairs chief of the Marine Corps Mobilization Command. "With that comes adherence to certain regulations."

Those in the IRR do not receive a paycheck or benefits, but they also don't report to duty. They're required only to keep the military informed of their whereabouts, and in the event of a major troop shortage or national emergency, the military can order them back.

Just what rules apply to marines in the IRR has proved somewhat of a contentious issue.

Kokesh and another former marine made an effort to demonstrate that they were not representing the Marine Corps when they staged a protest against the Iraq war in Washington this past March. Kokesh removed all name tags and other emblems from his uniform except for the Marine logo embroidered into the camouflage.

Page 1 | 2 | Next Page