Uniformed Code of Military Justice (UCMJ)

September 17, 2022 Dwayne Morise

Article 2

Persons subject to the UCMJ:
1.) Are members of the regular armed forces
2.) Are awaiting discharge afyer an enlistment term has expired
3.) Have volunteered (from the time of enlistment or acceptance into the armed forces)
4.) Have been inducted formally as a military service member
5.) Are in the reserves
6.) Are retired members entitled to receive pay
7.) Are serving a sentence imposed by court-martial

Article 137

Rights of Service Members:
1.) Certain UCMJ articles must be explained to each enlisted member:
a.) Within 14 days of initial entrance on active duty
b.) After completing six months of active duty
c.) Upon reenlistment
2.) Service members have the right to see a copy of the UCMJ
a.) Will be made available to anyone for review upon their request
b.) If you want to see the UCMJ while at RTC, ask your Recruit Division Commander (RDC)

Article 138

Complaints of wrongs:
1.) Service members who believe they have been wronged by their Commanding Officer (CO) have the right to file a complaint
2.) If the CO does not act to correct a wrongful situation, the service member may complain to any superior commissioned officer

Article 92
(a)

Any person is punishable under the UCMJ who violates or fails to obey any lawful order or regulation:
1.) Lawful orders
a.) Must be given by competent authority
b.) Require the performance of military duty
c.) Must accomplish a military mission
d.) Must promote the morale, discipline, and usefulness of members of the command
e.) Must be directly connected with the maintenance of good order

Article 92
(b)

Any person is punishable under the UCMJ who is derelict (negligent) in the performance of their duties

Article 92
(c)

Examples:
1.) As a result of failure to obey a lawful order by using racially explicit language, an Airman Recruit: a.) Was required to forfeit 1/2 month's pay $669.00
b.) Lost their nuclear clearance eligibility and was reclassified
c.) Received an entry in their service record to document the misconduct
2.) As a result of failure to obey a lawful order by writing letters of a personal nature and having a personal relationship with a female Seaman Recruit while in training status, a male Seaman Recruit was required to forfeit 14 day's pay $625.00

Article 128
(a)

Any person is guilty of assault who:
1.) Attempts or threatens another with violence or bodily harm
2.) Consummates (carries out) the threats and violence

Article 128
(b)

Example:
1.) A Fireman Recruit was found guilty of assaulting a Seaman Recruit by pushing him into a locker and rack
2.) The FR was awarded forfeiture of 1/2 month's pay $669.00

Article 91
(a)

Any Warrant Officer or enlisted member is punishable under the UCMJ who:
1.) Strikes or assaults a Warrant Officer, Chief Petty Officer, or Petty Officer
2.) Willingly disobeys the lawful order of a Warrant Officer, noncommissioned officer, or Petty Officer
3.) Threats with contempt or is disrespectful in language or a person's behavior or manners towards a Warrant Officer, noncommissioned officer, or petty officer

Article 91
(b)

Example:
1.) A seaman Recruit was found guilty of using disrespectful language toward a Chief because of saying to her, "Chief, you can kiss my #$%."
2.) The Seaman Recruit was awarded forfeiture of 1/2 month's pay $669.00

Article 78

Accessory after the fact--A person that knows a crime has been committed can be punished for assisting the offender to avoid capture

Article 80

Attempts--Persons who attempt to commit a crime and fails can be punished under the UCMJ

Article 81

Conspiracy-- Ay person who conspires ever tu any other person to commit a crime can be punished by court-martial

Article 82

Solicitation-- Any person who solicits or advises another to commit any of the following, can be punished under the UCMJ:
a.) Desertion
b.) Mutiny and sedition (hostile action against the U.S. government)
c.) Misbehavior before the enemy

Article 83

Fraudulent enlistment, appointment, or separation-- Any person who procures their own military enlistment, appointment, or separation by providing false information can be punished under the UCMJ

Article 84

Unlawful enlistment, appointment, or separation of any person known to be ineligible because it is prohibited by law, regulation, or order, can be punished under the UCMJ

Article 86, Absence without Leave

This article prohibits you from being absent from your appointed place of duty, either by failing to go to your place of duty, or by leaving your place of duty without permission.

Article 89, Disrespect Toward a Superior Commissioned Officer

Any behavior which is disrespectful to a superior commissioned officer may be punished by this article failure to salute can be interpreted as disrespect towards a commissioned officer.

Article 90, Assaulting or Willfully Disobeying a Superior Commissioned Officer

This article makes it an offense to a superior commissioned offense to a superior commissioned officer or to refusion to obey an order given by a superior commissioned officer.

Article 91, Insubordinate Conduct Toward a Warrant Officer, NCO or Petty Officer

This article prohibits striking, willfully disobeying, or displaying a disrespect towards a warrant officer, NCO or petty officer.

Article 115, Malingering

This article makes it an offense for a person to feign an illness or infilct an injury upon themselves to avoid work or training.

Article 121, Larceny and Wrongful Appropriation

Any person who wrongfully takes, obtains, or withholds, from the owner any money, personal property, or article of value of any kind 1. with the intent to permanently deprive or defraud another person of the use and benefit of the property, is guilty of larceny; or 2. with an intent to temporarily deprive or defraud another person of the use and benefit of the property, is guilty of wrongful appropriation.

Article 128, Assault

Any person who attempts with unlawful force force or violence to do bodily harm to another person, whether or not that attempt or officer is consummated, is guilty of assault and shall be punished as a court-martial may direct.

Article 134, General Article

This article prohibits all conduct prejudicial to the good order and discipline of the armed forces, and all conduct of a nature to bring discredit upon the armed forces. Some examples of violation under article 134 are failure to pay debts, worthless checks, fleeing the scene of an accident, adultery and bribery.

Non-Judicial Punishment (NJP) Article 15 is Non-Judicial Punishment (Office hours)

The purpose of NJP is to provide commanders with an essential and prompt means of maintaining good order and discipline and to promote positive behavior changes in service members without the stigma of a court-martial. Article 15 hearing are held by the commanding officer to determine whether or not a violation of the UCMJ has been committed.

Nature and Purpose of Military Law (General Purpose)

Entering the Military is akin to entering a new society, and with this new society you are subject to a new legal system. The military legal system is similar to the civilian legal system, except that the military legal system was expressly created by Congress to provide for the unique demands of the military.

Nature and Purpose of Military Law (Specific Purpose)

1. Promote Justice (provides commanders with a means to ensure adequate and fair justice awarded to all members)
2. Maintain Good Order and Discipline (Ensures that all service members protected by the same rules and regulations to prevent unjust actions against them. This in turn ensures that all service members conduct themselves in accordance with the same rules and regulations)
3. Promote Efficiency and Effectiveness (allows for adjudication to be conducted quickly because it is the same rules for everyone. Can be adjudicated in any environment)
4. Strengthen National Security (makes organization more efficient and cohesive)

Nature and Purpose of Military Law (Who Administers It)

It is the commanders responsibility to deal with infraction of military custom and law. The commander has a full range of responses, from verbal or written counseling all the way up to punitive measures (imprisonment and even the death penalty)

Personnel Subject to the UCMJ

1. Active Duty
2. Cadets (aviation cadets and midshipmen)
3. Retired members (this includes certain retired military members while still receiving pay or hospitalization)
4. Reservists (even while on inactive duty)
5. Enemy POWs
6. Prisoners (those who have been court marshaled and are in custody, even if they have been discharged)
7. Civilians (Two categories: Public Health Service and National Oceanic and Atmospheric Administration; Civilians serving with the military in time of war)

Rights of the Accused in the UCMJ and Article 31

Specific article that deals with these rights is article 31, which is similar to Miranda warnings. This article was designed to protect against the possibility of coercion in a military senior/subordinate relationship that could occur in an interrogation setting.

Article 31

Under this article, no interrogation or request for a statement from the accused or suspected person can occur until:
1. Informing the accused or suspect of the accusation
2. Advising the accused or suspect that the accused or suspect has the right to remain silent
3. '' '' any voluntary statement made may be used as evidence against the accused or suspect in a trial by court martial
4. '' '' is entitled to consult with counsel and have such counsel present at the interrogation

Other Rights of the Accused in the UCMJ

1. The accused or suspect has the right to privilege against self-incrimination. If the accused or suspects exercise the privilege against self-incrimination, question must cease immediately.
2. Any statement obtained by the accused or suspect during interrogation is involuntary if it is obtained through the use of coercion, unlawful influence, or unlawful inducement and may not be used as evidence in a trial by court-martial.

Reporting an offense in the UCMJ

Anyone can, civilian or military. Any military authority can receive the report, but usually it is military law enforcement personnel, investigative personnel, or directly to the suspects chain of command. These violations, depending on their nature, should be reported as soon as possible to the suspect's chain of command.

Authorized Punishments Under the UCMJ

1. Reprimand (oral or written censure in M's service record book. Ends career or severely delay promotion)
2. Forfeiture of Pay and Allowances
3. Fine
4. Extra Duty (cannot be degrading)
5. Reduction in Grade (only applies to enlisted personnel)
6. Restriction to Specific Limits (deprives normal liberty privileges)
7. Arrest in Quarters (House arrest, only applies to officers)
8. Hard Labor without Confinement (only enlisted)
9. Confinement on Bread and Water
10. Confinement
11. Punitive Discharge
12. Death

Non-Judicial Punishment (Article 15)

NJP is an adjudication option provided for by Article 15 of the UCMJ. NJP is a disciplinary measure more serious than the admin corrective measure, but less serious than trial by court-martial.

Purpose of NJP

The purpose of NJP is to provide commanders with a prompt and essential means for maintaining good order and discipline, and also serves to promote positive changes in service member. Also, and one of the major reasons for the NJP, is it serves to correct misconduct without attaching the stigma of a court-martial conviction.

What constitutes a minor offense for the NJP

Those offenses for which the maximum confinement allowed is no longer than one year and would not include a dishonorable discharge if tried at a general court-martial.

Right to Refuse NJP

Except for those attached to or embarked on a vessel, punishment may not be imposed under Article 15 upon any member of the AF who has, before the NJP was invoked, demanded trial by court-marital in lieu of NJP.

PRocedure for NJP Appeals

1. In general: Any service member punished under Article 15 who consider the punishment unjust or disproportionate to the offense committed can appeal it through the proper channels to the next superior authority
2. Format of appeal: Appeals shall be in writing and may include the appellant's reasons for regarding the punishment as unjust or disproportionate.
3. Time limit: Has to be submitted within 5 days of the punishment being handed down, or the right to appeal will be waived in the absence of good cause shown (essentially if no reason for the delay)

Punishments Under NJP (not as important to know)

1. Officer punishment from CO (Restriction to specific limits for 30 days)
2. Officer punishments from officer imposing General Court Martial Jurisdiction (Arrest in quarter for 30 days, forfeiture of one half one months pays per month for two months, restriction to specific limits for 60 days)
3. Enlisted from Commander: Confinement on bread and water for 3 days, forfeiture of 7 days pay for one months, reduction of next inferior pay grade, extra duty for 14 days, restriction to specific limits for 14 days.
4. Enlisted from CO (forfeiture of one half one months pays per month for two months, restriction to specific limits for 60 days, extra duty for 45 days, Reduce to the lowest or intermediate pay grade unless E% and above)

Summary Court Martial (SCM)

Summary courts-martial have jurisdiction to try persons subject ot the UCMJ, except officers, cadets, aviation cadets, and midshipmen, for any non-capital offense made punishable by the Manual for Courts Martial.

Composition of SCM

Composed of one commissioned officer on active duty

Maximum Punishments for E1 to E4

1. Confinement for 30 days
2. 45 days hard labor without confinement
3. 60 days restriction
4. Forfeiture of 2/3 pay for one months
5. Reduction to the lowest pay grad

Maximum Punishments for E5 to E9

1. Restriction for 60 days
2. Forfeiture of 2/3 pay for one month
3. Reduction by one pay grade

Special Court Marital

Have jurisdiction to try persons subject to the UCMJ for any non-capital offense made punishable by the Manual for Courts-Marital and, under such regulations as the PResident may prescribe, for capital offenses.

Special Court Marital Composition of Court

1. Not less than three members
2. A military judge and not less than three members
3. Only a military judge, if one has been detailed to the court, and the accused so requests
4. If the accused is enlisted, they may request that one third of the court be composed of enlisted

Special Court Marital Maximum Punishments

1. Confinement for 12 months
2. Hard labor without confinement for 3 months
3. Forfeiture of 2/3 pay for 12 months
4. Reduction to the lowest pay grade
5. Bad-conduct discharge

General Court-Martial

Has jurisdiction to try persons subject to the UCMJ for any capital offense made punishable by the Manual for Courts-Martial and, under such regulations where death is an authorized punishment

General Court-Martial Composition of Court

1. A military judge and not less than five members or
2. Only a military judge, if the accused so requests
3. If the accused is enlisted, they may request that one third of the court be composed of enlisted personnel

General Court-Martial Maximum Punishments

1. Confinement for life, with or without the chance of parole
2. Forfeiture of all pay and allowances
3. Dismissal, dishonorable discharge
4. Death

When a person is absent from his unit, organization or place of duty at which he is required to be at the time prescribed, or he fails to go to his appointed place of duty at the time prescribed, he is in violation of what article?

The purpose of the UCMJ is

To ensure good order and discipline and to provide a means of adjudicating infractions of the law.

Article 2

Persons subject to UCMJ

Article 15

Nonjudicial Punishment

Article 31

Compulsory Self Incrimination Prohibited (5th Amendment)

Articles 77-134

Punitive Articles

Article 138

Complaint of Wrongs

Article 55

Cruel and unusual Punishment Prohibited

Article 86

Absence without Leave

Article 87

Missing Movement

Article 91

Insubordinate Counduct toward WO, Noncommissioned Officer or Petty Officer.

Article 92

Failue to Obey Order or Regulation

Article 107

False Statement

Article 108

Damage to Military Property

Article 111

Drunken or Reckless Driving

Article 112

Drunk on Duty

Article 112a

Possession/Wrongful Use of Controlled Substances

Article 114

Dueling

Article 115

Malingering

Article 120

Rape and Carnal Knowledge

Article 128

Assault

Types of Punishment

- Restriction
- Correctional Custody
- Confinement on Bread and Water or diminished rations.
- Extra Duty- no more than 2 hours after work.
- Forfeiture of Pay- no longer than 1 year.

What is the purpose of the UCMJ?

It promotes good order and discipline, and provides a basis for the administration of justice for the Armed
Forces.

Who is responsible for upholding the UCMJ?

All members of the Armed Forces.

Article 86 in the UCMJ covers?

Unauthorized Absence (UA)

Article 89 in the UCMJ covers?

Disrespect toward a superior commissioned officer

Article 90 in the UCMJ covers?

Assaulting or willfully disobeying superior commissioned officer

Article 91 in the UCMJ covers?

Insubordinate conduct toward warrant officer, non-commissioned officer, or petty officer

Article 92 in the UCMJ covers?

Failure to obey order or regulation

Article 112a in the UCMJ covers?

Wrongful use, possession, etc., of controlled substances

Article 113 in the UCMJ covers?

Misbehavior of sentinel or lookout

Article 121 in the UCMJ covers?

Larceny and wrongful appropriation

Article 128 in the UCMJ covers?

Assault

Article 133 in the UCMJ covers?

Conduct unbecoming an officer and gentleman

Article 134 in the UCMJ covers?

General article

Procedural Articles

1-76 and 135-146, Devoted to administration of UCMJ

Punitive Articles

77-134, For crimes for which you may be punished if found guilty of violation

Key Articles of UCMJ: 15

Nonjudicial Punishment (NJP)

Key Articles of UCMJ: 31

Rights of the Accused

Key Articles of UCMJ: 86

Unauthorized Absence (UA, AWOL)

Key Articles of UCMJ: 89

Disrespect towards a superior commissioned officer

Key Articles of UCMJ: 90

Assault or disobeying a superior commissioned officer

Key Articles of UCMJ: 91

Insubordinate conduct toward a Warrant Officer, NCO, or Petty Officer

Key Articles of UCMJ: 120

Sexual Assault

Key Articles of UCMJ: 121

Larceny (Theft)

Key Articles of UCMJ: 128

Assault

Key Articles of UCMJ: 134

General Articles

Subject to the UCMJ

All members of the military, including active duty, students at military academies, and POWs

Rights of the Accused

Right to talk to a lawyer, Right to a speedy trial, Right to remain silent, Protection from double jeopardy

Types of Court Martial

Summary Court Martial, Special Court Martial, and General Court Martial

Types of Discharges

Honorable, General (Under Honorable Conditions), Other Than Honorable, Bad Conduct Discharge, and Dishonorable