Originally Posted by
Excargodog
For that they would need to win a court martial and have the judge actually give that as a punishment. Not impossible I suppose, but the track record on that isn’t good so far.
Now multiply that by 60,000, 200,000 if you count those only partially immunized. now multiply that by the 25 man-days (well, person-days anyway) per court martial, most of them officer-days, and it becomes clear why it is best to just not give stupid orders.
Not to mention there isn’t enough brig space to hold that many.
I wasn't talking about the vaccination issue, rather the disciplinary stick vs carrot balance in general. Granting ill-behaved SM's generous VA bennies will force the mil to assign more draconian punishments and bad paper to discourage ill behavior.
The need to shift some discipline from NJP to CM would stress the system a little but it could certainly adapt.
In the majority of cases that I saw, when we offered NJP, we were doing the SM a favor by handling at the lower level... basically trying to keep it in house and give the SM another chance. They would have all pretty much have lost at CM, and suffered more severe punishment. That's why most SM's accept NJP when offered... if they bother to get counsel, their lawyer will usually advise the same unless they're actually innocent and can prove it. In the later case you might want CM to ensure enough due to process to make your case.
Bottom-line, another half-cocked congressional intervention.