A member of the militia who, with the intent to retaliate against a person for reporting or planning to report a criminal offense or for making or planning to make a protected communication, or who, with the intent to discourage any person from reporting a criminal offense or from making or planning to make a protected communication, (1) wrongfully takes or threatens to take an adverse personnel action against a person or (2) wrongfully withholds or threatens to withhold a favorable personnel action with respect to a person may be punished by up to one year of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct.
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