The Uniform Code of Military Justice (UCMJ) was created in 1950 with the intent of allowing commanders to ensure good order and discipline among the ranks of a primarily compulsory military. Today the military is comprised of a fully volunteer force of men and women who freely choose to serve, but its once appropriate legal system has since evolved into a routinely sinister tool for morally bankrupt, self-serving commanders and military prosecutors to build their résumés and transition to a lucrative civilian legal career touting their having done “justice”, which is really a rouse secured under the guise of legitimacy.
UAP ensures our Nation’s Warriors have a team in place to protect their Constitutional Rights when in contact with military justice authorities. This includes addressing any unlawful command influence (UCI) pursuant to, and/or during, any military tribunal; violations of any military member’s right to a fair and honest investigation, trial and/or administrative separation; and subsequent efforts to update military records.
Here are some of the top wrongful conviction examples in the military justice system
THE MARSOC 3
The so-called MARSOC 3 cases involving Gunnery Sergeant Draher, Gunnery Sergeant Negron, and Chief Petty Officer Eric Gilmet involve allegations stemming from an incident that took place in Erbil, Kurdistan (Northern Iraq) on New Year’s Eve, 2018, in which the Marine Raiders defended themselves against American civilian contractor, Rick Rodriguez.
Although Gunnery Sergeants Draher and Negron were found not guilty of charges of manslaughter and negligent homicide by a jury of their peers on February 1, 2023, U.S. Navy Chief Eric Gilmet’s fate has yet to be decided. Draher and Negron were convicted of drinking in Iraq — a felony on their records — despite witness testimony confirming that drinking was widely tolerated by the base leadership at the time.
1LT CLINT LORANCE
In March of 2012, Clint deployed to Southern Afghanistan as the Squadron Liaison Officer to the Commander for the 4th Squadron, 73rd Cavalry Regiment, 4th Brigade Combat Team, 82nd Airborne Division.
In June, 2012, Clint was selected to replace an Infantry Platoon Leader who was medically evacuated dues to shrapnel wounds to his eyes, face, and abdomen incurred from the blast of an IED. Three days after taking charge as the Platoon Leader, on July 2, 2012, Clint directed the men of his platoon to open fire on three Afghan males speeding toward his platoon on a motorcycle. Just a year later, Clint was convicted of two counts of murder and one count of attempted murder.
Clint was granted a Presidential Pardon and released from Fort Leavenworth on November 15, 2019 after serving just over six years of a 19-year prison sentence.
SSG CALVIN GIBBS
U.S. Army SSG Calvin Gibbs was falsely convicted in 2011 of three counts of premeditated murder while on a combat deployment to Afghanistan and was sentenced to life in prison despite these facts about the case:
- GIBBS PLEADED NOT GUILTY: Gibbs testified in his own defense and denied planning, conspiring, or killing any non-combatants.
- THERE WAS EXONERATING EVIDENCE: A Soldier who did NOT testify at Gibbs’ trial, later testified he & Gibbs lawfully engaged one of the three Gibbs was convicted of “murdering”
- GIBBS WAS NOT PRESENT: Gibbs was not even at the scene for two of the three “murders.”
- THE LYING MURDERERS COLLUDED: There was no forensic evidence to support the allegations, only testimony from junior Soldiers the Court referred to as, “…drug users, liars, and murderers… who had both a motive to fabricate and the opportunity to collude.”
- PLEA DEALS: In return for testifying against Gibbs, Soldiers who pleaded guilty to murdering civilians received extremely lenient punishment, instead of the death penalty.
Gibbs spent 547 days in harsh pretrial confinement and is presently serving a life sentence at the USDB, Ft. Leavenworth.
SSG ROBERT BALES
Robert “Bob” Bales conducted, what he believed to be, a pre-emptive strike against Taliban fighters who had previously harmed U.S. Servicemen and were coordinating another attack. The Afghans claimed Bales killed sixteen (16) “civilians,” including women and children. Bales claimed he killed twenty (20), including Taliban enemy combatants.
In August 2013, Bales was sentenced to life in prison without the possibility of parole, and he is presently at USDB, Ft. Leavenworth.
1SG JOHN HATLEY
In 2009, John Hatley, a highly decorated 20-year combat veteran was convicted of 4 counts of murder for the supposed deaths of four Iraqi males. John was sentenced to life. His sentence was subsequently reduced to 40 years and then, to 25 years. On October 16, 2020, John was finally paroled and released from Fort Leavenworth.
He is currently seeking relief in the form of disapproval of findings and sentence, pardon, or commutation of sentence through Executive Action from the President of the United States.
To see a full list of other Warriors who have been wrongfully convicted or charged visit this page.
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