The officer exercising general court- martial jurisdiction shall examine into the complaint and take proper measures for redressing the wrong complained of; and he shall, as soon as possible, send to the Secretary concerned a true statement of that complaint, with the proceedings had thereon.” 462 U.S. at 302-03 (quoting 10 U.S.C. § 938). The Court also stressed that the Constitution contemplated, Congress created, and the Supreme Court “has long recognized two systems of justice, to some extent parallel: one for civilians and one for military personnel.”

The officer exercising general court- martial jurisdiction shall examine into the complaint and take proper measures for redressing the wrong complained of; and he shall, as soon as possible, send to the Secretary concerned a true statement of that complaint, with the proceedings had thereon. 10 U.S.C. § 938; see also 10 U.S.C. §§ 801(6)-(7), 802(a)(2) (providing that service academy members are subject to the Uniform Code of Military Justice). Additionally, the Army Board for Correction of Military Records (“ABCMR”) was established to correct military records “to remove an error or injustice,” and it “considers individual applications that are properly brought before it.”

Pl. TRO Case 4:09-cv-00106-CDL Document 8 Filed 09/11/2009 Page 7 of 16 2Captain Rhodes claims that Article 138 of the Uniform Code of Military Justice (U.C.M.J.), codified at 10 U.S.C. § 938, and as implemented by Army Regulation 27-10, are unconstitutional because they do not address the “lawful status of orders.” Pl.

California Bar ID No. 223433 Request for Emergency Hearing September 3-4 On Rule 65 Application for TRO and Preliminary Injunction 2 FOR THE PLAINTIFF Captain Connie Rhodes, M.D. F.S. APPLICATION TO APPEAR PRO HAC VICE PENDING IN M.D.FLA. 26302 La Paz, Suite 211 Mission Viejo Ca 92691 29839 S. Margarita Pkwy Rancho Santa Margarita Ca 92688 Ph. W.: 949-586-8110 Cell: 949-683-5411 Fax 949-586-2082 E-MAIL: dr_taitz@yahoo.com CERTIFICATE OF SERVICE The above-and-foregoing Request for Emergency Hearing September 9-10 on Rule 65 Application for TRO and Preliminary Injunction: suspending all deployments, but especially Plaintiff’s deployment on the grounds that 10 U.S.C. §938 and Army Regulation 27_10 are and ought to be declared unconstitutional both on their faces and as applied, was served by facsimile and/or hand delivery on Wednesday, September 4, 2009, on the following parties: Colonel Thomas D. MacDonald Garrison Commander, Fort Benning, Georgia Hugh Randolph Aderhold , Jr. PO Box 1702 Macon , GA 31202-1702 478-621-2728 Email: Randy.Aderhold@usdoj.gov Col. Louis B. Wingate U. S. Army Human Resources Command-St.

See Bell v. Hood 327 U.S. 648 (1946) (No right without a remedy). Certainly any possible veteran‘s benefits under Title 38 of the Code would be inappropriate, and inadequate in any case; and a complaint of maltreatment by a superior—under Article 138 of the Code of Military Justice (10 U.S.C.A. 938), requiring referral to the officer 3 Defendants‘ pleadings have made no mention of the Common Law claim in Count Two of plaintiffs‘ complaint, but we assume they intend their claim of intramilitary immunity to include it also, and that, if it lies at all, the Court would so extend it… Case 1:08-cv-10881-DC Document 23 Filed 08/26/2009 Page 5 of 9 6 with ―court-martial jurisdiction‖ over the (offenders), who enjoy the very highest rank— would be similarly unavailing. We say again that this Complaint, with its ‗extreme‘ allegations against the highest officials, is sui generis, and must be dealt with as such.