The Uniform Code of Military justice (UCMJ) is a federal law, enacted by congress. It defines the military justice system and lists criminal offenses under military law (military). The president enacts rules by executive order known as Manual for Courts-Martial (MCM). The Manual for Court Martial details the rules and regulations for military court-martials and provides for maximum punishments for each military offense listed in the punitive articles of the UCMJ (Military). There is also a Non-Judicial Punishment, which consist of an article 15.
Non-judicial punishment consist of normally and article 15. It is the most common type of punishment in the military. Non-judicial punishment is often called mast in the Navy and Coast Guard, and office hours in the Marine Corps (military). In an article 15 hearing the commanding officer is the judge and jury. There are 3 grades of article 15’s. There is summarized, company grade and field grade. In summarized and company grade, any commander can carry out the punishment. The punishment for a summarized article 15 is extra duty for 14 days. With a company grade service members may lose 7 days of base pay or even be reduced one pay grade for E4 and below. For field grade the commander administering the article 15 must be a major in rank or higher. Punishment is (a.) extra duty for 45
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Although, summary court martial are rare nowadays, they are similar to an article 15 punishment (non-judicial). Within a summary court martial only enlisted members may be tried; it can end in a federal conviction unlike an article 15. The summary court-martial can arbitrate minor offenses allegedly committed by enlisted service members. It can sentence maximum punishments of 30 days’ confinement; hard labor without confinement for 45 days; restriction to specified limits for 45 days; forfeiture of two thirds’ pay for one month; and reduction to the lowest pay grade
1. Army Regulation 25-50 is the only authorized reference for this memorandum. This is a memorandum THRU MILITARY POLICE ADVANCED LEADERS COURSE, FOR YOUR Company Commander.
Another possible recommendation is discharge from the military from a General with honorable conditions (which is the lowest) to a Dishonorable discharge (which is the highest, and worst you can get). Getting a dishonorable discharge means you can’t get a job (if you do get a job it won’t be a good one), no benefits, or etc. Getting a general or other than honorable (OTH) you may lose health benefits, educational benefits, and etc.
The Posse Comitatus Act was enacted in 1878 to remove federal troops from Southern territories after the Civil War. The US Army troops were stationed in the South during the reconstruction following the Civil War. ”The posse comitatus (from which the term posse derives) is the power or force of the county, and refers to citizens above the age of 15, who may be summoned by a sheriff to enforce the law." The Posse Comitatus Act specifically prohibited the Army from acting in the manner of civilian law enforcement. The other Armed Forces were added to Posse Comitatus under Department of Defense Directives. Department of Defense is overall in charge of all military and has the ability to write instructions and regulations that cover all branches. Violations of the act would be anything considered a law enforcement function such as surveillance of a civilian, search of property, or an arrest. Any person who disregards the act and uses military force can be fined and face confinement for up to two years in prison. The law does not apply to the National Guard because the National Guard is controlled by each state.
According to Nofi, “The United States Marine Corps is America's best-known military unit and perhaps the most famous in the world” . The traditions of the Marine Corps date way back since 1775 and the current regulations have been derived from the way marines in the past carried out their day to day activities. Some customs have been incorporated into the current orders and regulations to be able to standardize conduct of the marines. It is important for a marine to know and keep in mind traditional customs because one should never forget their heritage, therefore, practiced tradition in the Marine Corps should take precedence over Marine Corps orders and regulations .
Powers, Rod. About.com, US Military. Military Orders: To Obey or Not to Obey? N.D. Web. 6 November 2011.
While quasi-military correctional facilities are a form of social control that society has used for hundreds of years, modern boot camps have a very brief history. In 1974, the United States enacted the Juvenile Justice Delinquency Prevention Act (JJDPA hereafter). The act contained four central mandates:
Accountability….What does it mean? Well this past month e lost two soldiers who are a part of our unit and voice of our unit pass away. Accountability is important and should not be taken lightly… A soldier lost his life a couple weeks ago, due to lack of accountability, and it hurt a lot of people. For so many reasons accountability is important, for example. Knowing where your soldiers are at all times helps to know what they’re doing, and what their interest are doing so. In case something happens and someone needs t know where a soldier is accountability comes into play. Army Regulation 600-20 IAW Discipline. Why is discipline so important? Because to be accounted for is a part of disciplinary actions.
Respect to me is admiring someone for their abilities, qualities, or achievements. I think respect is always earned an can never be given. As soldiers soldiers we should always respect our peers because they have made the same sacrifice as us. But as soldiers we should have a higher level of respect for our NCOs because they have done their time an have earned it. Being respectful is not hard it is simple, just treat others the way we would like to be treated ourselves.
"The soldier is the Army. No army is better than its soldiers. The Soldier is also a citizen. In fact, the highest obligation and privilege of citizenship is that of bearing arms for one’s country” (-General George S. Patton Jr). Here within our borders we are the lucky ones, we have been blessed with the pleasure of so many brave men and women; to volunteer in the world's greatest military; and put their lives on the line for something that they believe is a moral obligation. But, think of some other countries, that have conscription (the practice of ordering people by law to serve in the armed forces) laws. We as a nation have some laws on conscription, and if you are male and above the age of 18 you have already signed the slip of paper stating that in the time of war; if our great nation re-instated the draft then there is a great chance you will be serving on the frontline of the next Great War. This brings me to my first topic of this page, is it ethical to have a draft? My second topic that I will discuss will be on if it is morally acceptable to "draft dodge". What I mean on the second topic is if you have a right; that morally allows you to not go fight in the war.
In the United States Army, there are two categories of rank structure, the enlisted corps and the commissioned corps. The enlisted corps within itself contains leaders, who are referred to as Noncommissioned Officers, or NCOs. These individuals, whose ranks range from Sergeant to Sergeant Major, are responsible for implementing the guidance and command policies provided by the Commissioned Officers and commanders in their units. NCOs are also responsible for the welfare and training of junior personnel. The US Army provides regulations and manuals with step-by-step guidance for the most trivial of tasks, but it fails to spell out specific and concrete information on how to be an NCO.
Missed appointments are a huge issue in the Army. A missed appointment affects the readiness of both individual Soldiers and their supporting units. The first and most obvious detriment to the readiness of a Soldier with a missed appointment is the ever-present threat of UCMJ action taken under article 86, Absent Without Leave. To be charged under article 86 of the UCMJ you merely have to be not present at the given place of your appointment at the specified time. Receiving an article 15 for the above charge can have a domino effect on both the Soldier’s professional and personal life. Depending on the severity of the punishment exacted through the article 15 the Service Member runs the risk of losing time, money, and freedom. In an extreme case the loss of these things can cause a fit of depression that firstly could cause the Service Member to seek further help through behavioral health services to feel better. Secondly, if the Service Member is not resilient in the face of this adversity they may not get back on the metaphorical horse and their work suffers for this they can come under even more scrutiny. With an article 15 the lost time for work is not always noticed when it come to the multiple reading and the time it takes to prepare the paperwork. First the commander takes time out of his busy day to read the Service Member not only once but twice. Administration not only takes the time to prepare but also deliver the necessary paperwork to trial defense services. If the offense is repetitive the possibility of court martial can come into play. Now all the work that went into an article 15 grows exponentially. Not only does jag have to pull together a case to prosecute a Soldier, but also the Soldier and their attorney hav...
Earlier in March 2014 the senior leadership of the Air Force, to include the Secretary of the Air Force, the Chief of Staff, and the Chief Master Sergeant of the Air Force, made a statement to all airmen. They stated that “being an Airman is more than a job, when we voluntarily raised our right hands and took an oath to support and defend the Constitution, we became members of the profession of arms”, they also said that along with our profession of arms we are given and accept a sacred trust given to us by the American people, that to be worthy of this trust we must “build our lives and shape our service on the foundation of our core values”, and that when Airmen fail to live up to our core values, the reputation of all who serve is tarnished” (letter to airman, Mar 2014). Recently, I was tasked to deliver a briefing for the J3 monthly training day. This tasking was a result of my negligence in updating a certain system that is vital to the J3 watch floor. My briefing, although filled with correct information and guidance, was also slaked with profanity and unprofessional gestures. Regardless of any circumstances that may have been the cause for these actions, the actions needed correction. Correction was given, which was responded to by more profanity and provoking actions. After I showed such disrespect to my non-commissioned officer in charge, he escorted me to my supervisor and my actions were made known to him. During this time I was still acting very contentious and disrespectful, making snide comments and standing with such contempt as if to say “are you done now”. This of course escalated into more serious action by my leadership which very well could have been avoided had I done my duty correctly in the first place. The...
A military tribunal is an inquisitorial system where the charges are brought on by military authorities, as well as prosecuted by military authority, then judged by military officers, the sentencing is also by military officer. It is different from a civilian criminal court in that military officers act as both judge and jury. Guilt is determined by a vote of the commissioners, and the decision does not have to be unanimous. The United States have used military tribunals during times of declared war or rebellion throughout history. George Washington used military tribunals during the Revolutionary War, when he ordered a military tribunal for Major John Andre, a British officer
level of Precedence and standards in the formation. The roles of the non-commissioned officer is