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Board Votes to Discharge Tea Party Marine

A general will make the final decision.

Update: 1:01 a.m. Friday.

An administration separation board has recommended Sgt. Gary Stein be discharged from the Marine Corps, according to an early morning post on his Facebook page, "Armed Forces Tea Party."

The Temecula resident — and 9-year veteran of the Marine Corps — was put on notice of a possible violation of the Uniform Code of Justice after he said on Facebook that he would not follow certain orders from the president.

He later clarified the comments, saying he would not follow any unlawful orders from the commander-in-chief.

The board will recommend he receive an "other than honorable discharge" and his rank be reduced to lance corporal, the North County Times reports. 

Thursday's hearing lasted 13 hours, the page reported and the board deliberated for 41 minutes.

The final decision will be made by Brig. Gen. Daniel D. Yoo, commander of the Marine Corps Recruit Depot san Diego.

Stein is in good spirits according to the Facebook post:

"Gary's chin is up and he is in good spirits has he know that this fight not over but just started. He swore an oath to uphold and defend the Constitution and will continue to do so!"

A post on Stein's personal page emphasized that message:

"On to the Next Fight."

— City news Service contributed to this report.

David B Secor April 07, 2012 at 08:08 PM
While on active duty I griped like every other troop. Stein was not griping. He was publicly broadcasting his intention to refuse to follow orders from the Commander-in-Chief. It's simply not acceptable behavior from an active serviceman or woman. Soldiers do not have freedom of speech rights like their wives or civilians do. Their law is the Uniform Code of Military Justice. For active duty personnel the 1st Amendment does not apply, for the reasons I explained. Stein knows that if you don't. My comments about Mr. Hunter are not personal attacks. They are what are commonly known as facts. He is more than capable of defending his actions without your assistance. He's a big boy now. Unfortunately, he prefers not to face the people. Even his "town halls" are by telephone, so questions can be filtered, or he can read pre-prepared answers written for him by his handlers without callers knowing. If that's O.K. with you, vote for him.
Virginia April 07, 2012 at 08:47 PM
I would vote for him ........
David B Secor April 07, 2012 at 09:56 PM
That says a lot.
Brent E. White April 07, 2012 at 10:00 PM
Amen Virginia, I like the way you think, With good old common sense
Virginia April 07, 2012 at 11:10 PM
with the mess this country is in, I don't think one incumbent should be reelected... you are guys that let it get this way......time to clean house......
TVOR April 08, 2012 at 12:17 AM
I am not comfortable with having an elected representative who feels that Sgt Stein's conduct was OK.
Cik Bast April 08, 2012 at 12:51 AM
Using less of an opportunity as a political tool and more of an opportunity to highlight the gross actions of an elected official, whether Senate or Congress, that grotesquely defends such abhorrent behavior.
Cik Bast April 08, 2012 at 12:53 AM
Glad you'll be voting Jerry Brown and Obama out, then. What a mess they have made is an understatement.
Tonto April 08, 2012 at 02:26 AM
I think it was the fake birth certificate.
Virginia April 08, 2012 at 02:49 AM
Tonto....I think you are right. I know it does not take me 3 years to produce mine.. not you either.....or anyone else you know......maybe you can't blame them for trying, but when they were caught, why not just admit it? Why compound the problem?
Cik Bast April 08, 2012 at 03:05 AM
Pentagon policies limit servicemen’s freedom of speech, which includes criticizing the country’s commander-in-chief. Military personnel cannot set up a political club and must refrain from supporting any political party or candidate on TV or at any public event. Is that simple enough for the stupid people, even knowing Obama is a moron?
Popeye April 11, 2012 at 10:35 PM
Dog poop picker is to high of a job for this Tea Bagger.
armyret April 16, 2012 at 05:30 AM
HOOAH marine, civis watch your mouth. USA RET EOD
V.W.D.S. April 16, 2012 at 02:36 PM
Thank you Mike Winge because I see this as bullshit too and honestly it makes our President look bad. If anything a good warning about his conduct online should have been in order. This only sends a message that you all are rights are about to be taken by this Administration, which only makes me want him out of office faster.
V.W.D.S. April 16, 2012 at 02:39 PM
Mr. White, how did he break the rules? Because he declared he would not take unlawful orders? Or because he was vocal about it on facebook? Just not sure exactly what this guy did. I can see if he is declaring that he will not follow 'any' orders and perhaps in his first statement he wasn't clear, but he DID retract and restate. What else has he done here?
Virginia April 16, 2012 at 09:34 PM
Finally someone with both common sense and the guts to speak out......(retired) LT CoL JOHN EIDSMOE, USAF, JAG, speaking up for Sgt Stein.... If you have not read his comments, please do so.
TVOR April 16, 2012 at 11:12 PM
V. Weeds, he was given a warning which he failed to comply with.
David B Secor April 18, 2012 at 12:16 AM
The Marine board's vote was clear. 3-0.
Virginia April 18, 2012 at 03:44 AM
They did what they were told to do......no one will ever convince me otherwise..... Hope they are proud of themselves......
Brent E. White April 18, 2012 at 09:58 PM
Virginia, How true your words are, The Corps loss, Semper Fi Sgt. Stien
TVOR April 19, 2012 at 07:22 PM
The Corps is better off without people creating dissent among the ranks.
TheGMAN April 23, 2012 at 10:59 PM
So is the president who took an oath to uphold the Constitution and he does not even know what it says. And he swore to that as well. So take a hike!
TheGMAN April 23, 2012 at 11:06 PM
AMEN!~
luckyfreeman April 24, 2012 at 02:22 AM
Something sounbds real unfair...Every soldier has a right to refuse an illegal order...Just ask Lt Kallie
luckyfreeman April 24, 2012 at 02:26 AM
I think the soldier is well within his rights....Every soldier has the right to refuse an illegal order from a supperior...Ask Lt Kallie...Why is this soldier getting such a raw deal ??? Where does it say that in the UCMJ ????? Whats this more civilians in air conditioned offices in Arlington Va...Probably another friend of Rumsfeld and Carl Chun..
luckyfreeman April 24, 2012 at 02:31 AM
This LTC from Virginia is pretty good here..Thanks for your input ...Keep them on the run......
luckyfreeman April 24, 2012 at 02:36 AM
LTC John Eidsmoe.... Thank You the guys trhat actually served honorably should be represented to...make it fair for all...whats this annesty for all the draft dodgers and the ones that renunced thioer citizenship..then they had thier records expunged and the guys that seved still have those art 15s in our files for life...give them hell Sir ! !
Virginia April 24, 2012 at 04:21 AM
To: Brent E. White..... I have been remiss in not thanking you for your support.... publicly; will do that now. Thank you. This is the first time I have ever written to a comment section, in anything, but I felt that Sgt Stein was made a patsy for everyone and it is not fair. I feel bad his superiors did not stick up for him.....how does an enlisted man have faith and trust in their superiors when everyone sees them back down and "show him president is boss".....make him an example...... not fair, not to Sgt Stein, not to all of the other thousands of EM personnel, and not to our country......it used to be freedom of speech is our right.....now it seems to be "freedom of speech is our right.....as long as the guys upstairs like it........it is just another sad "modern" story......
TVOR April 24, 2012 at 04:18 PM
You, like others who have posted here, seem to lack a basic understanding of the requirements of military service. A person must be willing (and swear an oath) to give up certain rights afforded to the average citizen because the critical nature of our military's missions requires it. There is no room for dissent in the ranks. The survival of freedom for the average citizen depends on it. I gladly suspended some of my rights for the honor of serving my country. If we were to allow military members to create dissent in the ranks then our military would fall apart or there would have to be harsh measures implemented to restore order. Sgt Stein knew he was playing with fire and he got himself burned. He needs to simply learn from the experience and move on.
Virginia April 24, 2012 at 04:37 PM
TVOR......Of course you are correct on all that you have said....and I agree with the theory......but soldiers are still human and still a citizen.....plus....whether you like it or not....most of what he said is true. As far as lacking the basic understanding of the requirements of military service, let me tell you I was an Army wife for over 16 years. And, whether you believe it or not, the wives are a big part of the military and live by pretty much the same rules.....and put up with the same stuff. I love the military and am very proud of our men and women in the service. My husband was in the Korean war....spent a year in the hospital.....retired in 1973. There was never a Master Sargeant more loyal to this country....but he still complained now and then. He was a DI for ten years.....loved the Army life and we traveled the country and the world. Don't judge too harshly......have a great day.

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