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Eddie Gallagher was found not guilty on the most serious charges, but he could still leave the Navy as an E1
Navy SEAL Chief Eddie Gallagher dodged the most serious charges the Navy threw at him during his court martial, but his final sentence could be far worse than what the jury originally handed down.
If the convening authority approves the jury's sentence of four months' confinement and a reduction in rank from E7 to E6, Gallagher will be busted down to the rank of E1, according to Navy officials.
According to Navy regulations, the service requires anyone confined for over three months to be reduced to the lowest enlisted pay grade.
"Automatic reduction in pay grade is governed by Article 58a of the Uniform Code of Military Justice and regulations approved by the Secretary of the Navy contained in the Manual of the Judge Advocate General," Lt. Sam Boyle, a Navy spokesman, told Task & Purpose.
"The applicable provisions provide for automatic reduction to the lowest enlisted pay grade in a case in which the sentence, as approved by the convening authority, includes confinement in excess of 90 days."
This means that Gallagher's sentence of four months in the brig — despite its status as 'time served' since Gallagher was confined prior to trial — has put his post-trial rank in jeopardy.
The time confined also pushes back his retirement eligibility date, according to Tim Parlatore, one of Gallagher's attorneys.
"I don't think that they appreciate the collateral consequences of what they did," Parlatore told Task & Purpose of the jury's sentence.
Gallagher was found guilty earlier this month on just a single charge of unlawfully posing with a human corpse over photos he took with the body of an ISIS fighter along with other SEALs in his platoon.
He was found not guilty of the premeditated murder of a wounded ISIS fighter and attempted premeditated murder of unarmed civilians.
Whether the original sentence is carried out or reduced is now up to the convening authority, Adm. Bette Bolivar, who has up to four months to act, according to Navy Region Southwest spokesman Brian O'Rourke.
Bolivar can approve the sentence or offer clemency, which is what Gallagher's attorneys are banking on.
Parlatore said he will be requesting Bolivar disapprove the sentence and instead bring the charge down to non-judicial punishment level.
As part of this effort, Parlatore has been crowd-sourcing similar cases of service members being punished at NJP for taking photos with corpses.
He told Task & Purpose he has heard from at least 25 people offering to help.
A retired Navy SEAL whose war crimes trial made international news has launched a video attack on former SEAL teammates who accused him of murder, shooting civilians and who testified against him at his San Diego court-martial in June.
In a three-minute video posted to his Facebook page and Instagram account Monday, retired Chief Special Operator Edward Gallagher, 40, referred to some members of his former troops as "cowards" and highlighted names, photos and — for those still on active duty — their duty status and current units, something former SEALs say places those men — and the Navy's mission — in jeopardy.
WASHINGTON/KABUL (Reuters) - The United States on Tuesday recovered the remains of individuals from a U.S. military aircraft that crashed in Afghanistan and was in the process of confirming their identities, U.S. and Afghan officials told Reuters on Tuesday.
On Monday, the U.S. military said an E-11A aircraft had crashed in the province of Ghazni, but disputed claims by the Taliban militant group that they brought it down.
Defense Secretary Mark Esper said Monday that U.S. strategic goals could include drawing down troops in Africa despite French pleas that American support is "critical" to countering the growing strength of terror groups in the region with links to the Islamic State and al Qaeda.
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The network, which the Air Force is calling the advanced battle management system (ABMS), would function a bit like the artificial intelligence construct Cortana from Halo, who identifies enemy ships and the nearest assets to destroy them at machine speed, so all the fleshy humans need to do is give a nod of approval before resuming their pipe-smoking.
Beloved basketball legend Kobe Bryant, his daughter, and seven other people were killed in a helicopter crash in Calabasas, California on Sunday. Two days earlier, Army Spc. Antonio I. Moore was killed during a vehicle rollover accident while conducting route clearing operations in Syria.
Which one more deserves your grief and mourning? According to Maj. Gen. John R. Evans, commander of the U.S. Army Cadet Command, you only have enough energy for one.