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Army Says Get Pregnant, Get Court Martialed

Posted by jeannesager on December 21st, 2009 at 1:27 pm

pregnant belly 300x199 Army Says Get Pregnant, Get Court MartialedA new Army policy has just made pregnancy an offense worthy of a court martial for women serving in Iraq.

Reported in the military newspaper Stars and Stripes, the ruling comes from Maj. Gen. Anthony Cucolo III and is “applicable to all United States military personnel, and to all civilians, serving with, employed by, or accompanying” the military in northern Iraq, with few exceptions.”

So what’s the good news? The Major General had the foresight to include not only the women who become pregnant but some responsible for “impregnating a soldier, while assigned to the Task Force Marne (Area of Operations), resulting in the redeployment of the pregnant soldier.” Hey, if it’s good for the goose, it sure as heck better be good for the gander. But the woman is immediately in trouble once the pregnancy comes to light – then she’s called on to name the servicemen responsible for putting her in that position.

If she doesn’t say anything, he goes unpunished. On the other hand, she names him, and the father of her child is likely headed for jail.

Yes,  the ruling calls for court martial and possible jailtime for the offense. Cucolo defended the action to the BBC recently, stating he was losing a lot of skilled people because of pregnancy.

Married servicemembers should put their love lives on hold or use protection, he says. To an extent, I agree. You signed a contract to serve in the military. Getting pregnant in the middle of a war zone is not my idea of a story to tell the grandkids.

Then again, pregnancy is a natural occurrence, one protected by the U.S. Family Medical Leave Act in relation to one’s job. According to the Department of Labor, “FMLA applies to all public agencies, all public and private elementary and secondary schools, and companies with 50 or more employees.” ALL public agencies, they say? The Army even has a maternity leave.

And what about accidents? Married personnel who do have the chance to be together in wartime are that much more aware of how precious their time together is, and expecting them NOT to have sex is ludicrous – perhaps even cruel. But even the most careful person can make a baby – just ask my friend who conceived two of her kids while on the birth control pill.

And what of the rule that non-married men and women cannot spend the night together unless “expressly permitted” to do so? Are we keeping good soldiers in the field or are we becoming the morality police?

Image: 3neus via flickr

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Army Says Get Pregnant, Get Court Martialed | Strollerderby | Get Pregnant commented on Dec 21 09 at 2:35 pm

CommentI appreciate the discussion about one aspect of a general order I have applied here in the combat zone of Iraq. The true intent of my directive cannot be easily understood from one or two brief articles, so I would like to clarify my rationale for the directive.
In this 22,000 Soldier Task Force, I need every Soldier I’ve got, especially since we are facing a drawdown of forces during our mission. Anyone who leaves this fight earlier than the expected 12-month deployment creates a burden on their teammates. Anyone who leaves this fight early because they made a personal choice that changed their medical status — or contributes to doing that to another — is not in keeping with a key element of our ethos, “I will always place the mission first,” or three of our seven core values: loyalty, duty and selfless service. And I believe there should be professional consequences for making that personal choice.
My female Soldiers are absolutely invaluable, many of them holding high-impact jobs that are often few in numbers, and we need them all for the duration of this deployment. With their male counterparts, they fly helicopters, run my satellite communications, repair just about everything, re-fuel and re-arm aircraft in remote locations, are brilliant and creative intelligence analysts, critical members of medical teams, in all areas of logistics and personnel support across this Georgia-sized piece of Iraq north of Baghdad, and much more. Since I am responsible and accountable for the fighting ability of this outfit, I am going to do everything I can to keep my combat power — and in the Army, combat power is the individual Soldier.
To this end, I made an existing policy stricter. I wanted to encourage my Soldiers to think before they acted, and understand their behavior and actions have consequences — all of their behavior. I consider the male Soldier as responsible for taking a Soldier out of the fight just as responsible as the female Soldier who must redeploy.
To ensure a consistent and measured approach in applying this policy, I am the only individual who passes judgment on these cases. I decide every case based on the unique facts of each Soldier’s situation. Of the very few cases handled thus far, it has been a male Soldier who received the most severe punishment; he committed adultery as well. Though there have not been any cases of sexual assault, any pregnancy that is the product of a sexual assault would most certainly not be considered here; our total focus would be on the health and well-being of the victim and justice for the perpetrator.
I do not expect those who have never served in the military to completely understand what I have tried to explain above. Recently I was asked, “Don’t you think you are treading on an intensely personal topic?” As intensely personal as this topic might be, leaving those who depend on you shorthanded in a combat zone gets to be personal for those left, too. This addition to a standing general order is just a small part of our overall effort to foster thoughtful and responsible behavior among our Soldiers.

Proudly serving you,
Tony Cucolo
Major General, US Army
Commander, Task Force Marne
Tikrit, Iraq
s

Maj. Jeff Allen commented on Dec 21 09 at 4:18 pm

Good. The number of women over there actively trying to conceive is absurd. The court martial will probably just result in those woman being expelled from the military instead of them just getting a free trip home. They’re not going to jail anyone for such a minor offense.

The number of married soldiers stationed in Iraq together is probably between 10-50. They specifically put married soldiers in different units because of the conflicts that arrive. For soldiers that are having sex while deployed they should be on the pill AND using condoms.

Sara commented on Dec 21 09 at 10:46 pm

The CNN report said that each case would be decided individually by the general. If a woman could prove that she was on birth control and took steps to prevent pregnancy and it happened anyway, I have to think the penalty wouldn’t be severe–maybe just a reprimand. This kind of report seems weird to civilians but that’s life in the service: you join the forces, you give your free will to Uncle Sam. The unit and your branch come before everything. Don’t like that line of thought, probably shouldn’t enlist.

D commented on Dec 22 09 at 3:07 am

I think this is completely sensible. They’re not suppose to be having sex on duty while they’re there anyway.

Jessica commented on Dec 22 09 at 9:35 am

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