Army JAG Bans Legal Sniper Rounds is here (I included the original ruling on the specific round in question).
A reader sends the follow up from the Washington Times Inside the Ring (Bill Gertz and Rowan Scarborough):
The Army has cleared a sniper in Iraq of violating operational security rules in helping to educate a judge advocate general (military lawyer) about the legality of open-tip bullets used by snipers to shoot insurgents who are killing American and allied troops.
However, the sniper, Sgt. Arthur J. Hushen, is continuing to face retaliation for blowing the whistle on an improper order for snipers to stop using the highly-effective M118LR ammunition in Iraq because it was thought to be an illegal hollow-point bullet. He was recently forced to move to a tent for "outcasts," said his wife, Sherry.
Sgt. Hushen recounted in a statement how he challenged the 4th Infantry Division lawyer, a woman identified only as "Maj. Card," after he obtained information from an Internet sniper forum showing that the bullets had been judged legal for use for years.
"Maj. Card stated that the hollow-point ammo was illegal," Sgt. Hushen wrote. "I informed her that there was a memo put out ... several years ago stating that hollow-tip had been deemed legal."
Maj. Card replied that she had never heard of the memo, but after documentation was presented to her, she reversed course.
"Maj. Card informed me that I was not a lawyer and she did not work for me," Sgt. Hushen said, noting that the lawyer then agreed that in her legal opinion the M118LR was legal and said she would send out an e-mail to the executive officers.
It was after the exchange that Sgt. Hushen was accused of violating security rules for identifying his 4th Infantry Division unit on the Internet. However, he was cleared of that accusation after his statement.
But he is continuing to be punished by senior enlisted and officers for raising the legal issues, we are told.
"I needed the ammo to accomplish my sniper missions," he said. "I didn't quit when I was told the ammo was illegal because I knew it was not."
Sgt. Hushen said he was punished by his platoon leader by being relieved from his sniper duties and removed as a team leader.
"I no longer have anyone to lead and train. I believe that this is the worst punishment that could have happened," he said...