[TheRealVille]

(AP) CAMP PENDLETON, Calif. - A military board has recommended dismissal for a Marine sergeant who criticized President Obama on his Facebook page, including allegedly putting the president's face on a "Jackass" movie poster.

The Marine Corps administrative board said after a daylong hearing late Thursday at Camp Pendleton that Sgt. Gary Stein has committed misconduct and should be dismissed.

The board also recommended that Stein be given an "other than honorable" discharge. That would mean Stein would lose his benefits and would not be allowed on any military base.

The board's recommendations go to a general who will either accept or deny them. If the general disagrees with the board, the case could go to the secretary of the Navy.

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Stein's lawyers argued that the 9-year Marine, whose service was to end in four months, was expressing his personal views and exercising his First Amendment rights.

"We're truly surprised and disappointed but it was an honor to fight for a hero like Sgt. Stein and every other Marine's right to speak freely," Stein's defense attorney Marine Capt. James Baehr said.

Stein addressed board members during Thursday's hearing, tell them he loved the Marine Corps and wanted to re-enlist, Baehr said.

Baehr expressed hope that the recommendation would be rejected by the general, saying the case will go forward. "The issues are too important for this to end today," he said.

During the hearing, the prosecutor, Capt. John Torresala, said Stein went as far as superimposing images of Obama's face on a poster for the movie "Jackass."

Torresala argued that Stein's behavior repeatedly violated Pentagon policy that limits the free speech rights of service members, and said he should be dismissed after ignoring warnings from his superiors about his postings.

The government submitted screen grabs of Stein's postings on one Facebook page he created called Armed Forces Tea Party, which the prosecutor said included the image of Obama on the "Jackass" movie poster. Stein also superimposed Obama's image on a poster for "The Incredibles" movie that he changed to "The Horribles," the prosecutor said.

Torresala also said anti-Obama comments by Stein that were posted on a Facebook page used by Marine meteorologists were prejudicial to good order and discipline, and could have influenced junior Marines.

Stein's security clearance was taken away and he has no future in the Marine Corps because he can't do his job without that clearance, Torresala said.

"The Marine Corps community views the command's lack of action as some kind of knock on good order and discipline," Torresala said. "Our own people are questioning why this Marine is not being held accountable."

Baehr said during the hearing that prosecutors were trying to dredge up any damaging information they could against Stein.

"There is no basis in this case," Baehr said. "Sgt. Stein has broken no law."

The military has had a policy since the Civil War limiting the free speech of service members, including criticism of the commander in chief.

Pentagon directives say military personnel in uniform cannot sponsor a political club; participate in any TV or radio program or group discussion that advocates for or against a political party, candidate or cause; or speak at any event promoting a political movement.

Commissioned officers also may not use contemptuous words against senior officials.

Backed by a team of lawyers and congressmen, Stein has said he is fighting for his constitutional rights and should be allowed to stay in the military. His lawyers and the American Civil Liberties Union contend his views are protected by the First Amendment.

"Think about how dangerous this could be if the U.S. government can prosecute you for something you say on your private Facebook page," Baehr said.

Stein has said his opinions are his own and has put a disclaimer on his Facebook page saying so. His attorneys argued service members have a right to voice their opinions as long as they do not appear to be presenting their views as being endorsed by the military. They say the Pentagon policy is vague and military officials do not understand it.

The Marine Corps has said it decided to take administrative action after Stein declared on Facebook that he would not follow orders from Obama and later clarified that statement saying he would not follow unlawful orders.

Stein said he was removed from his job at the Marine Corps Recruiting Depot in San Diego last month and given a desk job with no access to computers.

Rep. Duncan Hunter, R-Calif., a former Marine, wrote a letter to Stein's commanding officer stating the sergeant should not face dismissal for an opinion shared by a majority of Marines. Hunter said he was referring to Stein's statement that he would not obey unlawful orders. Rep. Darrell Issa, R-Calif., also expressed support for Stein.

Stein said his statement about Obama was part of an online debate about NATO allowing U.S. troops to be tried for the Quran burnings in Afghanistan.

In that context, he said, he was stating that he would not follow orders from the president if it involved detaining U.S. citizens, disarming them or doing anything else that he believes would violate their constitutional rights.

http://www.cbsnews.com/8301-201_162-5741...oard-says/

[Hoot Gibson]

This guy probably deserves a reprimand for exercising poor judgment but there is no way that he deserves an "other than honorable" discharge for his actions. His statement that he would not obey unlawful orders is consistent with the UCMJ. If the article is accurate, at worst the sergeant should be allowed to serve out his current term and receive an honorable discharge and not be allowed to re-enlist. Granting him a discharge under other than honorable circumstances would be a very harsh punishment.

[vundy33]

Of course the Corps will give him the green weenie, the DoD does this. No way in hell he should get anything besides an honorable, if that.

But also, he deserves punishment. The rules are very, very clear, and ya can't do this stuff. I just think he should get an Article 15 and that's it, but regs are regs. Retarded as most may be, anyone that's ever been in the military, especially the Corps which has it's butt puckered all the time, know that when you jackup, you get nailed.

If the guy wants to criticize our President that bad, just get out and do it..don't risk your record. I would expect this from a Pvt, LCpl/SPC or young Sergeant, but not a freakin' 9 year Sgt.

[TheRealVille]

This guy probably deserves a reprimand for exercising poor judgment but there is no way that he deserves an "other than honorable" discharge for his actions. His statement that he would not obey unlawful orders is consistent with the UCMJ. If the article is accurate, at worst the sergeant should be allowed to serve out his current term and receive an honorable discharge and not be allowed to re-enlist. Granting him a discharge under other than honorable circumstances would be a very harsh punishment.

On this, we agree.

[Can of Corn]

The president is a jackass. Why does it matter that someone in a public position criticized him?

[TheRealVille]

The president is a jackass. Why does it matter that someone in a public position criticized him?

I think it falls to the President being the Commander in Chief of the military, and this guy was military.

[Bob Seger]

Personally, I think he deserves the Congressional Medal of Honor.

[RunItUpTheGut]

^
lol

[Wildcatk23]

Its like Criticizing your Boss on Facebook. Someone will find out and tell them.

[tvtimeout]

Vundy33... has there been any other precedent for this type of action, say if someone made fun G.W. or anyother President, that you know of?

[vundy33]

Vundy33... has there been any other precedent for this type of action, say if someone made fun G.W. or anyother President, that you know of?

Well, a Reservist who got on stage in uniform at a Ron Paul fundraiser got in a small amount of trouble for it back in Febuary I think. Seems like I remember a few of these cases during Pres Bush's Presidency, especially when the Iraq war started turning really bad 2006-2008...but usually, this kind of stuff is handled on the Company level by the Company Commander and First Sgt. It doesn't make big news because it's not a big deal...only reason this has is because it's on Facebook, and this 9-year Sgt made a fuss about it.

I don't know much about this story, nothing more than anyone else here knows about it, but my gut tells me this guy is a shitbag to be honest. For one, he's just a Sgt, after 9 years. Now the Corps promotion system is alot slower than the Army's, and it promotion time differs between jobs because of needs, but nine years is a damn long time to still be an E-5 in Active Duty.

I don't know the guy, so I could be totally wrong. But he just needs to do what he's told or he's going to screw himself over. With a normal job you can argue this stuff...but this is the military, that shit don't fly. Just shutup and do what you're told. That's much better than being a dumbass and speaking out against the CiC on stuff you have no chance of changing, and causing yourself to lose everything. Ya know?