Panel advises general discharge for Marine in protest case

KANSAS CITY, Mo. -- A military panel has recommended a general discharge for an Iraq war veteran who wore his uniform during an anti-war protest and later responded to a superior officer with an obscenity when told he might have violated military rules.

Marine Cpl. Adam Kokesh participated in the protest in March, clad in a uniform that had his name tag and other insignia removed. He was identified in a photo caption in The Washington Post, and a superior officer sent him a letter saying he might have violated a rule prohibiting troops from wearing uniforms without authorization.

After a hearing Monday before an administrative separation board at the Marine Corps Mobilization Command, the panel decided not to recommend a less-than-honorable discharge, choosing instead the general discharge.

"This is a nonpunitive discharge," said Col. Patrick McCarthy, chief of staff for the mobilization command. "The most stringent discharge that could have been received is other than honorable, and the board chose to raise that up to a general discharge."

McCarthy said if the recommendation is approved, Kokesh would not lose any military benefits. Brig. Gen. Darrell L. Moore, one of several officers who received an e-mail from Kokesh that contained an obscenity, likely will decide whether to go along with the board's recommendation.

"What happened today is the board ruled that Mr. Kokesh received a general discharge under honorable conditions," said Kokesh's attorney, Mike Lebowitz. "What that means he is not dishonorable, and he's only kind of honorable, so in effect, the board picked the safe route."

Kokesh said he might appeal the board's ruling on principle.

"Frankly, I'm very disappointed with this decision and I'm very disappointed with the board members who made it," he said. "I do not think it was in the Marine Corps spirit to take the easy road or to not take a stand. In the words of Dante, the hottest layers of hell are reserved for those who in times of moral crisis maintain their neutrality, and I think that's what happened here today."

During closing arguments at the hearing, Marine Capt. Jeremy Seibert said military personnel can be punished if their civilian behavior "directly affects the performance of military duties and is service-related."

"That directly affects the performance of military duties," Seibert said. "...and it could affect how people view the Marine Corps. What if we had a recruit interested in joining the Marine Corps (and they saw the protest)? That is service-related.

"A lot of us believe in this uniform. At some point, Cpl. Kokesh decided he was above that."

Kokesh, 25, is a member of the Individual Ready Reserve, which consists mainly of those who have left active duty but still have time remaining on their eight-year military obligations. His service is due to end June 18, but the board on Monday recommended letting him go two weeks early.

His defense attorney, Lt. Joseph Melaragno, maintained the military was violating the free speech rights of Kokesh and other military personnel who are critical of the war.

"(Seibert) argues we're sending a bad message," Melaragno told the panel before it began its deliberations. "I say we need that in society. The easiest thing for individuals to do is get complacent with the war."

He acknowledged that the protest was held in Washington and that members of Congress probably saw it, "but isn't that the point?"

Seibert said the Corps was seeking to remove Kokesh from the Marines because of "order violations" and was not trying to stifle free speech.

But Melaragno disagreed.

"It has everything to do with freedom of speech," he told the panel. "Ask yourself, would we be here if he was advocating for the Bush administration?"

During a break in the hearing, Kokesh told reporters that the case appears to be punitive.

"More importantly, it's a case of fraud, waste and abuse and a disgusting waste of government resources," he said. "While Marines are dying every day in Iraq, they are spending time investigating members of the Individual Ready Reserve for political activity."

The defense attorneys also said Kokesh was not subject to military rules during the protest because he was not on active duty.

They said the protest was a theatrical performance, which meant wearing a uniform was not a violation of military rules. The military considered it a political event, at which personnel are not allowed to wear their uniforms without authorization.

The Marines' first witness, Maj. John R. Whyte, testified Monday that he wrote Kokesh an e-mail informing him that the Marines were investigating the possible uniform violation. Kokesh responded with a note that included an obscenity.

Outside the hearing Monday, several people stood in front of a bus painted with anti-war slogans, such as "Bring Them Home Now," "Not One More!" and "What Noble Cause?" Two other veterans who received letters because of their protest activities traveled to Kansas City for the hearing.