CLARIFICATION - Hagel reviewing appeal change to UCMJ

 From:  Air Force Times

CLARIFICATION:  In response to a recent query, the article below in no way related to Allan Craig Franklin, AKA Craig Franklin of Green Hills Software, Inc.  The gentleman mentioned in the article below is Lt. Gen. Craig A. Franklin, now serving in the Military as Third Air Force commander.  There is no known connection between the two men.

The Craig Franklin for whom this site is named is, himself, a sexual predator, and has never served in the U. S. Military.  Neither of his two brothers, Lawrence Craig Franklin and Sterling Craig Franklin, served in the military either.  The three brothers, children of Dr. Carl Franklin, now deceased, received scholarships to Stanford and there 'served' in the marching band.  Craig's two younger brothers went on to careers as attorneys. 

We will work to ensure no further mistake in identity takes place and apologize for any distress Lt. General Franklin might have experienced.  

 

 Allan Craig Franklin of Green Hills Software

                                                                                

                                                                                                   Lt. General Craig A. Franklin

Queried Article below:

By Kristin Davis - Staff writer
Posted : Sunday Mar 31, 2013 8:27:10 EDT

Third Air Force commander Lt. Gen. Craig Franklin’s Feb. 26 decision to overturn a sexual assault conviction at Aviano Air Base, Italy, incited furor among lawmakers and victim advocates — and have some calling for a change in the Uniform Code of Military Justice.

Franklin was exercising an authority granted to him in Article 60 of the UCMJ, and his decision is final. But it came at a time when the military is already under fire for how it handles sexual assault. It also coincided with an ongoing sexual misconduct scandal at Joint Base San Antonio-Lackland, Texas, where allegations have surfaced against more than 30 military training instructors.

In an answer to lawmakers, Defense Secretary Chuck Hagel said the case raised “a significant question” over whether such power is necessary, given today’s “robust appellate process.” He has directed DoD acting general counsel Robert Taylor to review Article 60.

Here are five things you need to know about Article 60:

• It’s the first avenue of appeal. After a court-martial conviction, a military member can ask the convening authority to reconsider part or all of the findings. The convening authority — the commander who first decided to pursue charges — may uphold or set aside the verdict, find the convicted guilty of a lesser included offense, reduce the sentence or order a new trial. The next avenue: the U.S. Court of Appeals for the Armed Services.

• It dates to 1775. The authority was first granted to commanders in this country by the Continental Congress, the governing body during the American Revolution. It was adopted as part of the Uniform Code of Military Justice in 1950. In 1775, there was no other way for service members to appeal a court-martial conviction.

• Many allies do it differently. The U.S. military justice system was actually based on the British system. But in 1996, the United Kingdom removed what the European Court of Human Rights ruled was too much commander influence in courts-martial. New Zealand, Canada and Israel have also made similar changes.

• Top JAGs say authority is still vital. The Air Force’s leading legal authority, Lt. Gen. Richard Harding, as well as top judge advocates general for the Army, Marines, Navy and Coast Guard, told the Senate Armed Services Committee on March 13 that a commander’s power to uphold or overturn a conviction is essential to military order. “A convening authority’s ability to exercise some accountability on every aspect of an [airman’s] … behavior is incredibly important, creating a responsive, disciplined force,” Harding said. MORE