Further attempts to give teeth to DoD Instruction 1325.6

Back in January 2010, I wrote DoDs New Rules for Gangs in the Military (not a good idea) 
which identified the first attempt by the DoD to address section 544 of Public Law 110-181, noting: 

. . . there's a very short part about gang affiliations: 

"Military personnel must reject active participation in criminal gangs pursuant to section 544 of Public Law 110-181 

* * * 

Active participation includes, but is not limited to, fundraising; demonstrating or rallying; recruiting, training, organizing, or leading members; distributing material (including posting on-line); or otherwise engaging in activities in furtherance of the objective of such gangs or organizations that are detrimental to good order, discipline, or mission accomplishment or are incompatible with military service."

Well, here's the follow up!

Change 1, February 22, 2012 to DoD Instruction (DoDI) 1325.6 says:


Military personnel must not actively advocate supremacist, extremist, or criminal gang doctrine . . .
* * *
b. Military personnel must reject active participation in criminal gangs pursuant to section 544 of Public Law 110-181 (Reference (i)) 
* * *
Active participation includes, but is not limited to, fundraising; demonstrating or rallying; recruiting, training, organizing, or leading members; distributing material (including posting on-line); knowingly wearing gang colors or clothing; having tattoos or body markings associated with such gangs or organizations; or otherwise engaging in activities in furtherance of the objective of such gangs or organizations that are detrimental to good order, discipline, or mission accomplishment or are incompatible with military service.


(emphasis added to highlight additions)


So we added examples of basic gang activity to clarify active participation. 


Knowingly wearing gang colors or clothing; having tattoos or body markings associated with such gangs or organizations are things that all gang members do. The gangsters in the military are usually more advanced that your everyday, run-of-the-mill gangbanger, though. They are members of the Second, and often the Third Generation (see 3G2), and these minor additions will do little (that's a nice way of saying nothing) to help in their detection, capture and conviction. 


Then again, there doesn't seem to have been a full onslaught by the DoD to limit the gang infiltration of the military. There have been somewhat thorough reviews by each of the branches -- Army CID (2004-2009), Air Force OSI (2007), and Navy NCIS (2012) (which included references to Marine CID investigations). Additionally, the FBI has maintained their inquiry into military-trained gang members since 2007.

I still think the developing prohibitions are contained in the wrong laws (see previous posts), but at least we are detailing what is active participation -- and it makes sense. 


I anticipate problems with proving the offender was knowingly wearing gang colors or clothing unless there is a mass movement to educate service members on what gang colors or clothing look like -- and then requiring them to report what they see. I don't see that going very far. The easy defense is that gang clothing has now permeated our culture and clothing, tattoos, and even showing a color preference are all more than gang-related choices. 

The apologists in our DoD investigation units' public relations departments have been practicing that spin for years . . .



More laws with more teeth directed at more advanced gangs with more investigations -- that's the solution!


What do you think?