In an attempt to stem the perceived influx of gang members into the US military, Congress, in the National Defense Authorization Act of 2008, inserted a provision prohibiting “membership in a criminal street gang” by members of the Armed Forces. (H.R. 1585 SEC. 579). Section 579 would require Sec Def to revise DoD Directive 1325.6 “to include membership in a criminal street gang among the list of prohibited activities by members of the Armed Forces.”
DoD Directive 1325.6, 3.5.8 already requires members of the Armed Forces to,
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.
And, gives commanders the authority,
to employ the full range of administrative procedures, including separation or appropriate disciplinary action, against military personnel who actively participate in such groups.
A criminal street gang would fit within the definition of a organization that advocates the use of force or violence to deprive individuals of their civil rights. Thus, under the current regulation a commander could separate or criminally prosecute, via court-martial, a member of the Armed Forces for participation in such a group. Accordingly, even absent the new mandated language the military was free to bar admission, separate, or prosecute members of criminal street gangs.
The problem left unsolved by this change to the directive is identifying these members. Being a member of a criminal street gang is not an affiliation that one registers for and the gang does not keep a roster of current members. (This is speculation by the author, having never been a gang member) These gangs are, by their nature, clandestine.
While it is obvious that having active gang members in our Armed Forces is dangerous and should be avoided, it is not clear how the military will view past involvement in a street gang. A number of military members were associated with gangs – either out of necessity or because of a poor decision – during their younger years. It would be unfortunate if any and all prior gang involvement became an automatic disqualifies for military service. Many members of the military join the military in order to escape the environment they grew up in. The majority of these members go on to have very successful careers. Additionally, if the military is no longer viewed as a vehicle for advancement, it may cause some to view gangs as their only option.
yojoe out
Filed under: Army, Crime, Law, Marine Corps, Military, Military Law, Navy, Politics, War
[...] Congress Attemps To Ban Gang Members From The Military Congress Attemps To Ban Gang Members From The Military Posted on December 23, 2007 by yojoe In an attempt to stem the perceived influx of gang members into the US military, Congress, in the National Defense Authorization Act of 2008, inserted a provision prohibiting “membership in a criminal street gang” by members of the Armed Forces. (H.R. 1585 SEC. 579). Section 579 would require Sec Def to revise DoD Directive 1325.6 “to include membership in a criminal street gang among the list of pro [...]
The bill to criminalize gang membership in the military was vetoed by the President. I won’t add a commentary on my suspicions, but you’ll note that there were more than enough votes for passing the legislation to override the veto, and yet we’ve heard nothing about one.
Like Right Mind observed: If DoD wants to get serious on gang issues, it needs to make participation in gangs as a disqualifying factor in enlistment.
But it think there’s more to it than that . . . check the numbers for yourself — http://www.govtrack.us/congress/bill.xpd?bill=h110-1585