Gangs And The Military 3of7


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Gangs and the Military presentation at the Northwest Gang Investigators Association , Missoula, Montana. October 2007 by Al Valdez, Ph.D. University of California - Irvine & Carter F. Smith, J. D., Austin Peay State University

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  • Gangs And The Military 3of7

    1. 1. Gangs and the Military Presented at Northwest Gang Investigators Association October 2007 Al Valdez, Ph.D. UCI & Carter F. Smith, APSU
    2. 2. Department of Defense Response <ul><li>Department of Defense policy leaves no room for racist and extremist activities in the military. </li></ul><ul><li>We must--and we will--make every effort to erase bigotry, racism and extremism from the military. </li></ul><ul><li>Extremist activity compromises fairness, good order and discipline, and, potentially, combat effectiveness. </li></ul><ul><li>The armed forces, which defend the nation and its values, must exemplify those values beyond question. </li></ul>William Perry, Defense Secretary
    3. 3. Gang Activity in the Military? <ul><li>“ Gang-related activities appear to be more pervasive than extremist activities as defined in Army Regulation 600-20. </li></ul><ul><li>Gang activity both on post and off post sometimes involving family members and young soldiers. </li></ul><ul><ul><li>1996 Army Task Force Report on Extremist Activity </li></ul></ul>
    4. 4. AR 600-20 1 February 2006 <ul><li>4–12. Extremist organizations and activities </li></ul><ul><li>Participation in extremist organizations and activities by Army personnel is inconsistent with the responsibilities of military service. </li></ul><ul><li>Participation. Military personnel must reject participation in extremist organizations and activities . Extremist organizations and activities are ones that advocate racial, gender, or ethnic hatred or intolerance; advocate, create, or engage in illegal discrimination based on race, color, gender, religion, or national origin, or advocate the use of or use force or violence or unlawful means to deprive individuals of their rights under the United States Constitution or the laws of the United States, or any State, by unlawful means. </li></ul>
    5. 5. AR 600-20 1 February 2006 <ul><li>Prohibitions . . . </li></ul><ul><li>(1) Participating in public demonstrations or rallies. </li></ul><ul><li>(2) Attending a meeting or activity with the knowledge that the meeting or activity involves an extremist cause when on duty, when in uniform . . . </li></ul><ul><li>(3) Fund raising activities. </li></ul><ul><li>(4) Recruiting </li></ul><ul><li>(5) Taking a visible leadership role </li></ul><ul><li>(6) Distributing literature </li></ul>
    6. 6. Commanders <ul><li>Commanders have the authority to prohibit military personnel from engaging in or participating in any other activities that the commander determines will adversely affect good order and discipline or morale within the command. </li></ul><ul><li>The commander . . . will prohibit any demonstration or activity on the installation or facility that could result in interference with or prevention of orderly accomplishment of the mission of the installation or facility, or present a clear danger to loyalty, discipline, or morale of the troops. AR 600-20 </li></ul>
    7. 7. Commanders <ul><li>e. Command responsibility. </li></ul><ul><li>Any Soldier involvement with or in an extremist organization or activity (such as membership, receipt of literature, or presence at an event) could threaten the good order and discipline of a unit . </li></ul><ul><li>(Commander) actions include— </li></ul><ul><li>Educating soldiers regarding the Army’s equal opportunity policy. </li></ul><ul><li>(2) Advising soldiers that any participation in extremist organizations or activities — </li></ul><ul><li>Will be taken into consideration when evaluating duty performance </li></ul><ul><li>(b) Will be taken into consideration when selections for positions of leadership are made. </li></ul><ul><li>(c) Will result in removal of security clearances , where appropriate. </li></ul><ul><li>(d) Will result in reclassification actions or bar to reenlistment actions as appropriate. </li></ul><ul><li>AR 600-20 </li></ul>
    8. 8. DA PAM 600-15 <ul><li>Individuals who hold extremist views that conflict with the Army’s stated values are sometimes inadvertently recruited into the Army. </li></ul><ul><li>Since the Army stresses discipline and obedience as well as training in weapons, explosives, and tactics, although not documented, it is believed that extremist groups target soldiers for membership . </li></ul><ul><li>Only through training and actively following up on indicators can we ensure that extremist actions are eliminated from the Army and extremist ideologies reduced within the Army. </li></ul>
    9. 9. DOD Directive 1325.6 <ul><li>3.5.8.  Prohibited Activities .  </li></ul><ul><li>Military personnel must reject participation in organizations that espouse supremacist causes; attempt to create illegal discrimination based on race, creed, color, sex, religion, or national origin; advocate the use of force or violence; or otherwise engage in efforts to deprive individuals of their civil rights.  </li></ul><ul><li>Active participation is prohibited.  </li></ul><ul><li>Functions of command include vigilance </li></ul><ul><li>Military Departments shall ensure training programs. </li></ul>
    10. 10. Possible Legal/Administrative Action <ul><li>Commander’s options for dealing with a soldier’s violation of the prohibitions include-- </li></ul><ul><li>a. UCMJ action. Including but not limited to: </li></ul><ul><li>(1) Article 92, violation or failure to obey lawful general order or regulation (for example, participation in demonstrations, distributions of literature without approval, or unlawful discrimination). </li></ul><ul><li>(2) Article 116, riot or breach of peace </li></ul><ul><li>(3) Article 117, provoking speeches or gestures </li></ul><ul><li>(4) Article 134, general article (conduct prejudicial to good order and discipline) </li></ul><ul><li>. . . Article 83—Fraudulent enlistment, appointment, or separation </li></ul><ul><li>One who procures one’s own enlistment, appointment, or separation by misrepresentations or concealment as to qualifications </li></ul><ul><li>Maximum punishment: Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 2 years. </li></ul>
    11. 11. Gangs and the Military