It would seem that the Colin Kaepernick National Anthem illness is spreading, this time the “malady” is claiming a member of armed forces, more precisely a sailor who said she would not for our National Anthem "until the U.S. proves that they've got my back as a black woman."

Janaye Ervin's posted a picture of herself in uniform along with a long self-serving explanation, which part reads;

"I have been proudly serving in the US Navy Reserve Force since November 2008. I have pledged to support and defend the Constitution of the United States and to spread freedom and democracy around the world. I will never waver from that pledge.”

The letter continues; “On September 19, 2016, while in uniform, I made the conscious decision to not stand for the 'Star-Spangled Banner' because I feel like a hypocrite, singing about 'land of the free' when, I know that only applies to some Americans. I will gladly stand again, when ALL AMERICANS are afforded the same freedom.”


And there perhaps lies the rub in that no one forced this woman to join the military and although the military has stated that she would not be discharged for her obvious disrespect, rest assured that’s a momentary reprieve, in that the “military code of justice” is clear on the subject of the American Flag and of the National Anthem.

Military regulations state: "Navy regulations require all uniformed personnel to stand at attention and face the ensign while the anthem is played.

According to Navy Regulation 1205, personnel in uniform must stand at attention and face the flag when the national anthem is played. Navy active-duty personnel in civilian clothes will face the flag, stand at attention, and place their right hand over their heart.

Veterans blew appart Ervin's storyline very quickly.

From IJR:

Ervin complained that the Navy was "punishing her for defending the Constitution," but John Bloomer pointed out that she actually was in violation of Navy regulations:

"Navy regulations require all uniformed personnel to stand at attention and face the ensign while the anthem is played.

This service member is in violation of the regulations. Disciplinary action is warranted.

Anyone has a right to protest, but action conducted as a protest does not grant immunity from the law or a pass on any social consequence.

The perception of many people seems to be that a claim of 'right to protest' is a free pass from any consequences of their chosen protest. That needs to be corrected."

Ervin spoke of her pledge to "support and defend the Constitution of the United States and to spread freedom and democracy around the world," but veteran Naval officer and fellow African American Martin Baker was reminded of something he was told in training:

"I was told in basic training the simplest of phrases: we are here to preserve and defend democracy, not practice it.

When you put the uniform on, you must put aside your personal feelings and remember at that moment you are a direct representative of the United States of America. You are, if need be, the advanced diplomacy of the American way of life.

If at any time you feel you cannot stand and represent our flag and our nation even in something as simple as the anthem, you forfeit the right to wear that uniform."

Baker also noted that the oath she took also required her to "bear true allegiance" to the United States:

"Each member of the military both officer and enlisted take an oath to bear true allegiance... and true allegiance can be as simple as standing for the anthem or saluting the flag, or it can be as complex as following an order to secure a beachhead or territory on the battlefield.

Each person takes that oath freely and without being under external duress by the government. We do not have conscription so she took that oath of her own free will. She knew damn well her actions were a violation of the Uniform Code of Military Justice (UCMJ) and as such she is subject to its discipline whether that be a Captain's Mast or a court martial.

I have no sympathy for her — her right to express herself as an individual died the moment she put on a uniform."

Do you think this sailor deserves to be discharged over his disrespect of the anthem and breaking Navy regulations?

Let us know what you think in the comments below.

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