XBradTC

Twitter especially, but across most social media, people are talking about how on earth could the US Military Academy graduate an avowed communist.

On paper, Spenser Rapone has a very impressive record. 

Enlisted, served in  the Ranger Regiment (which means he also completed the Airborne School, as well as the Ranger Indoctrination Program), served a tour with the Rangers in Afghanistan, earned the Combat Infantryman Badge,  was accepted to West Point, graduated, was commissioned Infantry, and is currently attending Ranger School. Normally, this is someone you'd look at as a hard charger, a real comer. Most commands would be delighted to have a 2LT like that come in. 

But, Spenser Rapone isn't like most new Lieutenants. 

That last pic, the tweet, well… that's a problem. 

It's not technically a violation of regulations to be an out an out commie in the service. Which, I don't want the services policing the troops political thought. Neither do you. 

Unfortunately for 2LT Rapone, Article 88 of the Uniform Code of Military Justice says:

Any commissioned officer who uses contemptuous words against the President, the Vice President, Congress, the Secretary of Defense, the Secretary of a military department, the Secretary of Transportation, or the Governor or legislature of any State, Territory, Commonwealth, or possession in which he is on duty or present shall be punished as a court-martial may direct.

 

While Article 88 might be somewhat selectively enforced, it's still there. Further, Article 92 of the UCMJ:

Any person subject to this chapter who–

(1) violates or fails to obey any lawful general order or regulation;

(2) having knowledge of any other lawful order issued by any member of the armed forces, which it is his duty to obey, fails to obey the order; or

(3) is derelict in the performance of his duties;

shall be punished as a court-martial may direct.

That covers the prohibition on political activities and speech while in uniform. Which, pretty clearly, he engaged in. 

Finally, the catch all, Article 133:

Any commissioned officer, cadet, or midshipman who is convicted of conduct unbecoming an officer and a gentleman shall be punished as a court-martial may direct.

What is "conduct unbecoming of an officer and a gentleman?" Pretty much whatever tends to bring discredit upon the service, among other things. It's the catch all article, similar to how Article 134 can be applied to a great variety of misdeeds for enlisted personnel. De facto, conviction under any punitive article of the UCMJ is prima facie evidence to sustain an Article 133 conviction. 

Many people are asking who nominated Rapone to West Point. Frankly, I don't know. But I strongly suspect he was a Secretary of the Army nomination. It's quite common for the Army  to look at the ASVAB scores of new enlisted soldiers, and invite them to apply for a nomination while on Active Duty. 

Will the Army court-martial Rapone? I doubt it. 

But do I think 2LT Rapone's career in the Army will be curtailed? Oh, yeah. 

The Army has a very wide array of tools to deal with officers that fail to maintain the standards of conduct expected of them.  Simply writing a bad Officer Evaluation Report is enough to sink a career. Letters of admonishment, Non-Judicial Punishment, and an invitation to resign in lieu of court martial are all options. 

Interestingly, the pics of him at West Point are from 2016, so someone has known about this for a while. But now that he's made the Army look bad, things will likely happen. 

Oh,  and since he's currently in Ranger School, there's a very good chance he has no idea of the social media shitstorm surrounding him.