According to various news reports, Marine Major Mark Thompson (CAAFlog news page) received a sentence of confinement for 90 days and a dismissal after pleading guilty yesterday at a general court-martial to making false official statements and conduct unbecoming an officer and a gentleman.

This report published by military.com explains that:

Thompson’s sexual misconduct began in 2011, when he drank, played strip poker and had a threesome with one of the midshipmen and a fellow Marine officer.

He admitted to lying to officers at a 2014 board of inquiry in which he claimed his innocence and was allowed to stay in the Marine Corps. He also admitted to lying to a Washington Post reporter John Woodrow Cox about his involvement with the women.

Back in 2013, after a general court-martial found him guilty of the underlying sexual misconduct, Thompson was sentenced to confinement for two months and a fine of $60,000.

The report also notes that:

Under Thompson’s plea agreement, the court agreed to endorse his “request to retire,” a decision which will have to be reviewed by the secretary of the Navy, Greer [the military judge] said.

While it’s unclear what grade he could retired at, Greer said it could be O-2, “which I believe was the last grade served honorably.

10 U.S.C. § 1186(b) provides that because Thompson has 20 years of active service, such retirement must be approved. Had Thompson received a sentence of at least six months, however, and actually served six months, he could have been dropped from the rolls under 10 U.S.C. § 1161 and 1167.

Thompson’s retirement will, as noted by the military judge, involve a determination of the highest grade in which he served satisfactorily, pursuant to 10 U.S.C. § 1370.

If transferred to the retired list Thompson will be subject to the UCMJ for the rest of his life. See United States v. Dinger, __ M.J. __, No. 201600108 (N.M. Ct. Crim. App. Mar. 28, 2017) (discussed here).

11 Responses to “Thompson gets 90 days and a suspended dismissal”

  1. thewritesofweiss says:

    If the MJ sentenced him to a dismissal, even if he recommended suspending it, how is he then still eligible for retirement? Is it because the Sec Navy would have to approve the dismissal?

  2. Bionic Barry Dylan says:

    Two court-martial convictions, and he still (likely) gets to retire.  How many enlisted with over 20 get that chance?

  3. stewie says:

    What you cite (1186(b)) only applies to a BOI Zach.  But for the plea deal suspending his dismissal (which is my understanding of what occurred), he absolutely could be dismissed and lose his retirement (and presumably still could if he violates whatever the suspension terms are).
     
    Otherwise, he could be dismissed with no sentence to confinement and lose his retirement.

  4. Zachary D Spilman says:

    My comment about retirement is, indeed, predicated on Thompson not being dismissed in accordance with the adjudged sentence.

  5. Lieber says:

    It’s going to get much much worse for senior enlisted once the 2016 NDAA is implemented.  Under that legislation the inequity between commissioned and enlisted is astounding.  (I’m speaking of the automatic reduction (without discretion) to E-1 for even a day of confinement or hard labor.)

  6. LT Weinberg says:

    Seems light.

  7. k fischer says:

    Lt. Weinberg, [bro get your rank right.  You were in the Navy, not the Army]
     
    Why do you hate him so much?
     
    Maybe the MJ looked at the Government’s Exhibit submitted by Ms. Stadler outlining the impact Maj. Thompson’s lying had on her life, and viewed that as mitigation as to why Thompson would lie about her.  Maj. Thompson should have gotten a counterintuitive victim behavior expert to explain why he would lie after being a victim of a false accusation of rape.  It’s pretty traumatic to be falsely accused of a crime you did not commit by a couple of women upon which it appears Keanu Reeves’ “Knock Knock” could have been based.

  8. Tami a/k/a Princess Leia says:

    Must have been a deal for a suspended dismissal.  The MJ could recommend suspension, but the CA would have to agree to suspend it IOT be effective.

  9. Tom Booker says:

    Nothing to say about the case, lots of things to say about the sloppy reporting at military.com.  LtCol Greer served as the CA?  Pretus was granted a “waiver of immunity”?  Sheesh.
     
    Respectfully, LTB

  10. Tom Booker says:

    And an aside to k fischer:  LT Weinberg correctly abbreviated his grade if he is either Navy or Coast Guard.  The Navy Correspondence Manual has not changed that much in 30 years.  Interestingly, however, when the PAO types abbreviate our grades, they are rendered unintelligible to those of us who swear by the Correspondence Manual.
     
    Respectfully, LTB

  11. k fischer says:

    LTB,
     
    Indeed, Sir, you are correct. 
     
    In fact, I was really soup-sandwiched because if he were Army, then he should have had a number in front of his rank.  So, it ought to be “LTJG Weinberg,” if this is a moniker for LTJG Sam Weinberg, co-counsel in United States v. Dawson & Downey, and not an actual Judge Advocate with the last name of Weinberg.