Contrast in Veteran Treatment - BLM vs. Jan.6
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Contrary to popular belief, the vast majority of those leaving military service after completing an initial enlistment are separated rather than discharged. The key difference lies in that a discharge completely alleviates the veteran of any unfulfilled military service obligation, whereas a separation (which may be voluntary or involuntary) may leave an additional unfulfilled military service obligation (MSO) to be carried out in the Individual Ready Reserve (IRR). Discharges can be honorable, other than honorable, bad conduct or dishonorable.
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In July 2020, a group of people referring to themselves as disabled veterans, stood in front of Antifa and Black Lives Matter protestors to form a “Wall of Vets” . Holding signs supporting BLM, the veterans covered for Antifa and BLM as threw fireworks towards the Portland, OR Hatfield federal courthouse. Charges of assaults on law enforcement officers, destruction of property, looting, arson, and vandalism were issued. Despite the military member’s involvement, there was no report of military members being discharged or discharged with an “other than honorable” status.
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In contrast, on January 6th, veterans and military members also held signs and marched towards the U.S. Capitol. Ex-Army Ranger Robert Morss was charged with assaulting a police officer (just like Antifa in Portland in July 2020) and quickly was dishonorably discharged. It isn’t clear if the dishonorable discharge process for January 6th protestors in the American military is due to the “stand down” enacted by Defense Secretary Austin in 2021: Austin Orders Military Stand Down to Address Challenge of Extremism in the Ranks reported by the U.S. Department of Defense. The stand down does not refer to BLM or Antifa participation. Instead, Defense Secretary Austin and Army Gen. Mark A. Milley, the chairman of the Joint Chiefs of Staff, met with service civilian leaders and service chiefs to discuss the problem of extremism. Kirby noted that some of the extremists who stormed the U.S. Capitol on January 6 were active duty service members and others were military veterans. No report was issued on Antifa or BLM participation in 2020.
J6 Service Dischargements
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Tim Hale
Timothy Hale served over a decade, just over eleven years, in the United States Army Reserves. He served honorably without any incident and rose to the rank of sergeant. Despite the length of his service, Hale was given a Chapter 11 Military Discharge in May 2021. Chapter 11 Military Discharges are given within 180 days of a recruit's active duty service in the United States Army, and include unacceptable performance on the grounds of inability, lack of reasonable effort, failure to adapt to the military and/or minor disciplinary infractions. Chapter 11 discharges occur in the Army, Army National Guard and United States Army Reserves only. Hale was given a Chapter 11 discharge far beyond the 180 day required timeframe. Furthermore, this Chapter 11 discharge does not even appear on the Department of Veterans Affairs discharge documents list. The Other Than Honorable discharge was recommended by the U.S. Army Separation Board and was a surprising recommendation in light of Hale's long service.
All lawyers, including attorneys from the U.S. Army Judge Advocate General's Corps ("JAG"), struggle to keep consistent contact with their clients in the D.C. jail. The jail does not permit regular phone calls to attorneys, which interfered with the JAG duty of "providing legal advice to Soldiers, families and retires in the U.S." to Hale.
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Sergeant Thomas Robertson
Sergeant Thomas Robertson of the Virginia Rocky Mount police was given a 7 year prison sentence by the Washington DC U.S. District Court on August 11 2022. Robertson, called “dad” by his younger coworkers, was swept up in the crowds on January 6. One of his coworkers who called him by the friendly nickname was U.S. National Guard corporal Jacob Fracker. Fracker accompanied Robertson to the Capitol on January 6th but was offered a plea deal after his arrest and subsequently testified against Robertson. Robertson had a deep friendship with Fracker, including giving him $30,000, which Fracker did not return and turned state witness. Robertson engaged in no violence on January 6 and did not carry a firearm for his own protection, despite the high crime rate in Washington D.C. Robertson served the Rocky Mount police station for years and was an advocate for small business. Despite this, Robertson was fired before his trial commenced.
Robertson’s seven year sentence is the longest prison sentence handed down by a U.S. District Court for January 6 activity. The seven year sentence matches sentences given for murder in the District. For example, Dee Dee Dodds was shot at point blank range in Northeast Washington in July 2016. Her attacker, Cyheme Hall shot Dodds after she attempted to defend herself by grabbing his gun. Hall was sentenced to seven years in prison for murder in May 2022. Robertson is serving the same prison sentence as murderers in Washington D.C.
