United States v. Wilcox

I respectfully dissent for two reasons.

First, I do not agree with the majority’s conclusion that no rational trier of fact could find that under the circumstances, the posting of Appellant’s AOL profile was “of a nature to bring discredit upon the armed forces.” Article 134, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 934 (2000). Indeed, the majority concludes that there is “[n]o evidence ... introduced as to either the actual or potential adverse impact of Appellant’s online profile or statements on good order and discipline or to the actual or potential discredit to the armed…