Marine loses appeal in military protest case

? An Iraq war veteran who wore his uniform at a protest lost his appeal Wednesday for a new hearing.

An attorney for Cpl. Adam Kokesh filed the appeal after a military panel that met Monday at the Marine Corps Mobilization Command in Kansas City recommended kicking Kokesh out of the Marines with a general discharge for the uniform infraction and using an obscenity in an e-mail to a superior officer.

His civilian attorney, Mike Lebowitz, said the three-member administrative board that heard the case was “improperly convened.” He argued that one of its members, Chief Warrant Officer Stephen Turner, isn’t considered a commissioned officer for the purpose of serving on panels that decide whether to cut ties with Marines.

He said Marine rules require all such board members to be commissioned officers.

Brig. Gen. Darrell L. Moore, one of two officers who received an e-mail from Kokesh that contained an obscenity, dismissed the appeal, said Gunnery Sgt. Chad Homan. He said Moore is expected to complete his legal review of the board’s proceedings and recommendation within the next week.

“He has taken the appeal to be unfounded, and it is his determination to make,” Homan said.

The dispute started after Kokesh, a member of Iraq Veterans Against the War, was pictured attending the protest in March in a photograph that ran in The Washington Post.

During the hearing Monday, attorneys for Kokesh argued their client was not subject to military rules because he is a nondrilling, nonpaid member of the Individual Ready Reserve, which consists mainly of those who have left active duty but still have time remaining on their eight-year military obligations.