U.S. Navy SEAL demoted for posing with dead prisoner
S E E D E D C O N T E N T
SAN DIEGO (Reuters) - A U.S. Navy SEAL platoon commander acquitted of murdering a captured Islamic State fighter but convicted of unlawfully posing for photos with his dead body was sentenced on Wednesday to a demotion in rank and pay.
The penalty imposed by a seven-member jury of U.S. Marines and Navy personnel spared the defendant, Special Operations Chief Edward Gallagher, from any prison time beyond the nearly seven months he had already served in pretrial custody.
The same jury found Gallagher not guilty on Tuesday of murder, attempted murder and other charges, including deliberately shooting at unarmed civilians and obstruction of justice. But he was found guilty of posing for unofficial pictures with a human casualty.
That offense, stemming from photos he and fellow SEAL members took with the corpse of the Iraqi prisoner whom Gallagher was acquitted of slaying, carries a maximum sentence of four months' imprisonment.
Instead, he will receive a one-step demotion in his rank from chief petty officer to petty officer first class, presumably accompanied by a corresponding reduction in his pay. The sentence also carries a two-month forfeiture of his salary, a sum of nearly $5,400.
Still, the outcome of the court-martial, capped by a three-week trial on various war crimes charges, marked a significant legal victory for Gallagher, 40, who would have faced a possible life sentence had he been found guilty of murder or attempted murder.
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No body, no forensics, no science and no case,” Tim Parlatore, Gallagher’s lead attorney, told the jury on Monday just before they headed for deliberations in a courtroom on the Navy base. “They want you to rely on testimony from the ‘sewing circle’ (a self-described group of six SEALS who have accused Gallagher of the murder and shootings).
in spite of the entire Seal Team testifying against him initially, Gallagher's legal team prevailed on this defense.
Additionally, one of the Seal Team 7 members, originally granted immunity, upon which most of the case against Gallagher was built, changed his testimony
during the hearings, stating that he ( Corey Scott ) had killed the Iraqi prisoner.
Special Operator First Class Corey Scott was granted immunity in exchange for his truthful testimony.
The Navy is now considering perjury charges against him.
Perjury for his initial testimony? Wouldn't immunity cover that, as well?
Immunity obtained under false pretense,
I don't know, it's complicated.
It was apparent in court that he would take one for team by reversing his original testimony to cover for Gallagher.
I guess it depends on the written immunity agreement.
Either way, his career in the Navy just ended.
I have mixed feelings about this trial and it's outcome and what it means to the Navy and the military.
Presumably Gallagher will lose his squad with the demotion. The cohesiveness and trust has been destroyed at this point.
Several old acquaintances still serving imply that Gallagher will now seek TDRL status while being evaluated for brain injuries related to several old reported concussions
in order to make it to retirement.
Unfortunately this is not an uncommon practice for sailors and soldiers with good records and almost to retirement when injured due to circumstances beyond their control.
Having been found innocent, he can almost count on it from my experience.
He deserves his retirement. Who gives a shit about what might have happened to one dead enemy?
Mixed views on the topic Greg. You would be probably labeled "the ugly American" for that comment.
Have you ever invaded a foriegn country and gotten resistance?
Do you agree with the Geneva Convention?
What if the opposition killed a disabled American combatant?
You cannot have it both ways regardless of your 'patriotism.'
No doubt many people agree with that, due to the few who volunteer for military service and the extremely few who are charged with war crimes.
So for those who have served, we say , no, retirement is only due to those who have upheld their vows and served with unblemished honor.
If you wonder why a guy with 19 years in might have mental health issues, this would be the reason. Eight deployments certainly increase the odds by a lot. If he really was falsely accused, as it appears, it's a shame he's losing rank, but at least he'll still get to retirement and it looks like he'll have a significant disability rating, as well.
Not certain on this because of a court martial ordered reduction, but I think when he retires, as far as pay and allowances he would still retire at highest rank held which was E-7. I could be wrong though. I've known a lot of Mustangers (officers who were former enlisted) that were reduced back to enlisted by the needs of the military. I know of one Marine Corps major who got riffed down to E-7the last 8 years of his career. When he retired, he did so as a major with said pay and allowances.
Obviously this must have been a while back and he benefited from the old "High 36" month rules, which were modified and recently dumped.
Gradually benefits are shrinking. Note the new 2017 "blended rules" approved by the current Administration.
Read this.
I admit my knowledge is probably somewhat outdated as I retired in 1993. My thanks for the info and clarification.
Interesting. I've had clients who were demoted and/or did prison time in the military and then they were discharged at the lower rank, but Honorably or with a General Discharge. That impacts access to benefits, which is critical for them, but I don't know about retirement pay. Most of the people I deal with don't have 20 years in.
I love your new av.
I thought about it afterwards and remembered that any service member may challenge a court martial and judgment to have it set aside by petitioning the Military Board of Corrections in DC to set aside judgement of a offense, thereby regaining lost rank, privileges, and benefits.
Hence the existence of the TDRL "purgatory".
Yep.
And now Gallagher's commanding officer ( LT Portier ) gets his day in court,
charged with Conduct Unbecoming, Dereliction, Obstruction and failure to report the war crimes
that Gallagher was accused of. Portier's commanding officer was granted immunity.