Why won't Military dishonorably discharge man who shot his Navy girlfriend in the back of the head?

[boston bean]

Kin of slain sailor begs for killer’s discharge

Twenty months ago, Navy sailor Darren Mackie, 22, killed his ex-girlfriend, Navy sailor Caitlin Elizabeth Trask, 20, with a single bullet to the back of the head. Her parents are still waiting for the Navy to dishonorably discharge him.

On Thursday a frustrated U.S. Sen. John Kerry sent a letter asking Defense Secretary Robert Gates to investigate.

“The notion that an active duty sailor could shoot and kill another sailor but avoid a dishonorable discharge,” said Kerry in a statement, “is beyond comprehension.”

And no one seems to disagree except, incredibly, the Navy to which Caitlin devoted her young life. The Navy’s position: Mackie is serving a 10-year term for involuntary manslaughter. Justice has been served.

http://www.bostonherald.com/news/columnists/view/20101003kin_of_slain_sailor_begs_for_killers_discharge/srvc=home&position=also

I guess as things stand right now, the murderer will receive benefits as a veteran. How sad? You can shoot your Navy girlfriend in the back of the head and kill her while she is wearing her uniform and still collect veteran benefits. Yet, they will dishonorably discharge people for loving another person. Also, what if it wasn't a domestic dispute and he murdered a male soldier. I believe the murderer would have been dishonorably discharged lickity split.

This is just sick.

[qazplm]

1. because only a court-martial

can dishonorably discharge someone and apparently, for whatever reason, this court-martial did not do so.

What this poorly written article does not explain is whether or not he got a Bad Conduct Discharge. If he did, he'd still not get any benefits.

Also, no one gets discharged "lickety-split"
The discharge is not effective until appellate review is completed and even on a case that is fast-tracked (minor case, no issues) it can take six months or more for appellate review to complete and it can take up to two years to receive the discharge paperwork (DD 214).

Granted, that's army , but I doubt the navy is much different. So to sum up, this article doesn't tell us if he got a discharge or not and doesn't tell us the fact that if the jury didn't give it, then there is literally nothing the navy can do...the worst they can give someone who doesn't get a discharge for an offense at court-martial is a general discharge.

[USArmyParatrooper]

4. He got an OTH. Here's one with a bit more detail

http://www.boston.com/news/politics/politicalintelligence/2010/10/kerry_pushes_pe.html

He received an Other Than Honorable discharge and 10 years in prison after plea bargaining to a Manslaughter charge.

[qazplm]

6. so then it is clear what happened

he was tried, for whatever reason (PTSD?) he wasn't discharged by the jury (panel) and thus the Navy was limited to giving him the worst possible administrative discharge which is an OTH.

And an OTH results functionally in the loss of almost all of the same benefits as a DD. Technically, a lot of benefits are "to be determined" with an OTH, but realistically, rarely does that end in anything other than a loss of benefits.

I am going to also guess that based on the plea bargain, there must have been some strong mitigation evidence, probably of serious mental illness or else they never would have agreed to deal to a manslaughter charge.

It is also extremely unlikely that he will be allowed to re-enlist, to a level of likelihood as my being allowed into the KKK.

[kenny blankenship]

2. If only he had sucked off her brother instead

and then admitted it to someone. That would get him canned from the Navy. They're sticklers for honor you know.

[USArmyParatrooper]

3. He's already canned from the Navy

He received an "Other Than Honorable" discharge, which means he receives no veterans benefits.

[USArmyParatrooper]

5. Misleading title and incorrect information in the body

The title gives the impression he wasn't discharged, and in the body you claim he will receive veterans benefits.

[ManiacJoe]

7. Seems like the family is jumping the gun.

Mackie is in the brig serving 10 years. Someone correct me if I am wrong, but his discharge will not happen until that sentence is over, and it will not be an honorable one.


On edit: After reading some more poorly written articles, my above statement may not be accurate. Still looking...