I have to disagree in some areas; the regulation specifically says an active duty military person cannot appear in uniform or say that their opinion represents the official opinion of their service. Now you may complain that regulations haven't caught up with technology but it appears that this marine was not technically in public. The law is the law as written.
However; Article 81, http://www.ucmj.us/sub-chapter-10-pu...-81-conspiracy Conspiracy. If you can prove that this marine was in contact with other service people about not obeying orders.
Article 88, http://www.ucmj.us/sub-chapter-10-pu...ward-officials Contempt towards officials. Basically badmouthing civilian authorities.
Article 92, http://www.ucmj.us/sub-chapter-10-pu...-or-regulation Failure to obey a lawful order if he refuses to report for duty overseas.
There are a few more but his defence is that Obama cannot give a lawful order since he is not legally the president. (these are not my thoughts but his defense)
Originally Posted by JD Barleycorn
Article 88 does not apply: this Marine is not a commissioned officer.
Nothing in the rules prohibits or restricts a military member registering to vote or voting, or donating to politicians or political parties; that is the personal choice of each member. What the rules do restrict or limit is how an individual may advocate on behalf of a political party, candidate, or elected official.
The greatest restriction is that Active-duty service-members are strictly prohibited from military voting including campaigning for political office or actively taking part in a political campaign — even behind the scenes. This is generally known as partisan political activity: an “activity supporting or relating to candidates representing, or issues specifically identified with, national or State political parties and associated or ancillary organizations.”
Overseas members of the military and their families are guaranteed the right to vote by the Uniformed and Overseas Citizens Absentee Voting Act. However, the difficulties of obtaining absentee ballots in remote and dangerous areas of the world and returning them in time have led to shockingly high rates of disenfranchisement. The Military and Overseas Voter Empowerment Act (MOVE Act) of 2009 required changes by 2010 intended to provide greater military voting opportunities.
http://www.dtic.mil/whs/directives/corres/pdf/134410p.pdf