By MATT McNALLY
Guest Columnist
This week, House Bill 1076 was passed in Senate committee despite bipartisan opposition.
My own state senator, Republican Jim Buck, opposed the bill, and I believe, for good reason.
One portion of the bill would remove the right of an Indiana National Guard member to request a court martial for what is called “non-judicial punishment.” Non-judicial punishment is typically used for minor offenses that do not have a criminal penalty. In such cases, the service member’s commander doles out the punishment, rather than a court. At any point during the process (prior to the sentencing), the service member is allowed to request a court martial instead. A court martial ensures a fair trial and requires evidence “beyond a reasonable doubt,” whereas non-judicial punishment has less stringent requirements to find the service member guilty.
However, the state of Indiana wants to take that right away. Those in favor of the bill claim that there are too many service members requesting court martial and abusing the system. The data, however, tells another story: In the last five years there has been a total of one (yes, only one) Indiana National guard member who has requested a court martial. This hardly seems worthy of upending 247 years of military tradition.
Veteran groups like the American Legion are opposed to the bill. While the VFW as an organization supports the bill, many of the VFW’s individual members are opposed to it. Neither the National Guard nor the VFW surveyed their members, despite the Senate committee’s urging last month.
The requesting of a court martial is as American as the U.S. military itself. Passing this bill would take away the rights of those who defend ours. We should do all we can to protect our servicemen and women, not leave them more vulnerable. Call or write your State Senator TODAY, as this coming week will determine whether or not this bill is signed into law.
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Matt McNally retired from the military last year after 22 years of service. He is a veteran of Afghanistan and a formal Naval Aviator.