By JULIE WATSON
CAMP PENDLETON, Calif.
Marine Corps officials are seeking additional guidance from the Pentagon regarding service members' use of social media.
California Republican Rep. Duncan Hunter's office says the Marine Corps notified him of the plans Friday.
They come amid discharge proceedings against Camp Pendleton Marine Sgt. Gary Stein, who criticized President Barack Obama on Facebook.
Hunter had urged military authorities to withdraw the proceedings because policies regarding service members' use of social media are ambiguous.
A Marine Corps administrative board concluded after a daylong hearing Thursday that Stein violated the Pentagon policy limiting free speech and should be dismissed.
The case now goes to a general who can accept or deny the recommendation.
THIS IS A BREAKING NEWS UPDATE. Check back soon for further information. AP's earlier story is below.
Marine Corps officials are seeking additional guidance from the Pentagon regarding service members' use of social media amid discharge proceedings against a Camp Pendleton sergeant who criticized President Barack Obama on Facebook.
Joe Kasper, spokesman for Rep. Duncan Hunter, R-Calif., said Friday that Hunter's office was notified of the plans in a letter from a Marine Corps major general.
Hunter had urged military authorities to withdraw discharge proceedings against Marine Sgt. Gary Stein because of the policy's ambiguity regarding the use of social media.
A Marine Corps administrative board concluded after a daylong hearing Thursday at Camp Pendleton that Stein violated the Pentagon policy limiting free speech when he posted anti-Obama comments and images on Facebook, including allegedly putting the president's face on a "Jackass" movie poster.
The board recommended that Stein be given an other-than-honorable discharge. That would mean Stein would lose his benefits and would not be allowed on any military base.
The board's recommendations go to a general who will either accept or deny them. If the general disagrees with the board, the case could go to the secretary of the Navy.
Hunter and Stein's lawyers argued the Pentagon policy is vague and military officials do not understand it.
Stein has said his opinions are his own and has put a disclaimer on his Facebook page saying so. His attorneys argued service members have a right to voice their opinions as long as they do not appear to be presenting their views as being endorsed by the military.
"If there is anything good to come out of this, it's the fact that the Marines realize the guidelines need to be updated," Hunter's spokesman Joe Kasper said Friday. "It's just too bad it took all of this to get there. "
The Marine Corps has said it decided to take administrative action after Stein declared on Facebook that he would not follow orders from Obama and later clarified that statement saying he would not follow unlawful orders.
The military has had a policy since the Civil War limiting the free speech of service members, including criticism of the commander in chief.
Pentagon directives say military personnel in uniform cannot sponsor a political club; participate in any TV or radio program or group discussion that advocates for or against a political party, candidate or cause; or speak at any event promoting a political movement.
Hunter told Marine Corps officials in his letter supporting Stein that the policy "is both vague and contradicting in the context of new `social media.' In fact, nothing in the directive actually mentions social media and what activity is or is not approved for active duty service members."
He said the policy needs to be updated to reflect "the changing dynamics of social communication" that includes a forum for the interaction between friends, families and acquaintances.
During the hearing, the prosecutor, Capt. John Torresala, said Stein ignored warnings from his superiors about his postings.
The government submitted screen grabs of Stein's postings on one Facebook page he created called Armed Forces Tea Party, which the prosecutor said included the image of Obama on the "Jackass" movie poster. Stein also superimposed Obama's image on a poster for "The Incredibles" movie that he changed to "The Horribles," the prosecutor said.
Torresala also said anti-Obama comments by Stein that were posted on a Facebook page used by Marine meteorologists were prejudicial to good order and discipline, and could have influenced junior Marines.
Stein's lawyers argued that the 9-year Marine, whose service was to end in four months, was exercising his First Amendment rights.
"We're truly surprised and disappointed but it was an honor to fight for a hero like Sgt. Stein and every other Marine's right to speak freely," Stein's defense attorney Marine Capt. James Baehr said after the hearing that ended close to midnight Thursday.
Stein told board members he loved the Marine Corps and wanted to re-enlist, Baehr said.
Baehr expressed hope that the recommendation would be rejected by the general, saying the case will go forward.
Stein said his statement about Obama was part of an online debate about NATO allowing U.S. troops to be tried for the Quran burnings in Afghanistan.
In that context, he said, he was stating that he would not follow orders from the president if it involved detaining U.S. citizens, disarming them or doing anything else that he believes would violate their constitutional rights.
Stein said he was removed from his job at the Marine Corps Recruiting Depot in San Diego last month and given a desk job with no access to computers.
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