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S1 - Legal & UCMJ

AR 27-10
JAG Net
Manual for Court Martial (2000)
General Facts about Military Rights
General Article Provisions (Articles 1-76)
Maximum Authorized Punishments under UCMJ
Miscellaneous Article Provisions (Articles 135-140)
Punitive Article Provisions (Articles 77-134)
Rules for Imposing UCMJ

Rules for Imposing Nonjudicial Punishment for Minor Offenses (ART 15, UCMJ)
Purpose of nonjuducial punishment is to:
Correct, educate and reform offenders
Preserve an offender's record of service from the unnecessary stigma of a court-martial
Further military efficiency by disposing of minor infractions in a manner requiring less time and personnel than a court-martial
*Before resorting to nonjudicial punishment, commanders should use nonpunitive measures to the fullest extent. (AR 27-10 para 3-1)

Who May Impose:
Any commander, including warrant officer in command

Upon Whom:
A member of the commander's unit who has committed a minor offense and who has not demanded trial by court-martial. Many factors must be considered in determining whether an offense is minor. The rule of thumb is that an offense is minor if the maxium authorized punishment for the offense does not include either a dishonable discharge or confinement for more than one year. This is only a guideline.
Consultation with Staff Judge Advocate (SJA)
Commanders can consult with their supporting judge advocate at any time during the Art 15 process

Immediate commander determines whether:
A minor offense has been committed
General Article Provisions
Miscellaneous Article Provisions
Punitive Article Provisions
Nonjudicial punishment is appropriate
Summarized or formal proceedings should be used
To refer matter to the next superior commander. If a commander decides to refer the matter, no recommendation of the nature or extent of the punishment to be imposed will be mad (AR 27-10 para 3-5)

In Formal Proceedings, commander advises suspect of:
Intent to use formal proceedings
Right to remain silent
Right to demand trial by court-martial
Right to submit matters in defense, extenuation and mitigation
Right to have a spokesperson and to request an open hearing witness
Right to legal counsel
Maximum punishment imposable under formal proceedings
Reasonable period of time in which to reply to notification
*The imposing commander may authorized an officer or NCO (SFC or above) to deliver the DA For 2627 or DA 2627-1 and inform the soldier of these rights, provided such person is senior to the soldier being notified

In Summarized Proceedings, commader advises the suspect of:
Intent to use summarized proceedings
Right to remain silent
Right to demand trial by court-martial
Right to call witnesses, examine evidence, and submit matters in defense, extenuation, and mitigation
Maximum punishment imposable under summarized proceedings
Reasonable period of time in which to reply to notification
*The imposing commander may authorized an officer or NCO (SFC or above) to deliver the DA For 2627 or DA 2627-1 and inform the soldier of these rights, provided such person is senior to the soldier being notified

If suspect demands trial, the commander:
Terminates Art 15 proceedings
Decides whether to prefer charges after consulting with a judge advocate
If suspect makes no demand for trial and:
The decision period expires, the commander can continue the proceedings
Submits matters in defense, extenuation, and mitigation, commander considers such matters before deciding whether to impose punishment

In determining the result of Art 15 proceedings:
If commander decides suspect is not guilty or there is a valid reason for not imposing punishment, commander terminates the proceedings
If commander decides suspect is guilty and punishment is appropriate, commander imposes punishment
In selecting an appropriate punishment, commander should consider the totality of all the circumstances and weigh the desirability of suspending all or a part of the punishment

How imposed:
The commander records the proceedings on DA Form 2627 (Formal Proceedings) or a DA Form 2627-1 (Summarized Proceedings). AR 27-10 App B. contains a suggested guide for conducting proceedings.

When imposing punishment, commander advises suspect of:
Exact punishment imposed
Right to appeal and the commander who will consider the appeal
Period of time in which to appeal

After imposition:
Commander decides whether to announce punishment (AR 27-10 para 3-22)

Appeals:
Offender appeals in writing on DA Form 2627 or DA Form 2627-1
Offender may submit documents supporting appeal and/or request a personal appearance with the appellate authority

When Made:
Appeal must be made within a reasonable time after imposition or punishment, usually 5 days for formal and summarized proceedings

Actions on Appeal:
Imposing commander may decide to mitagate, remit, suspend, or set aside punishment
If imposing commander modifies punishment, offender may withdraw or continue appeal
If imposing commander does not modify punishment (or if punishment is modified and offender continues appeal), appeal is forwarded to the next higher commander
Action on appeal must be completed within 5 days (formal) or 3 days (summarized) of submission of appeal

Who acts on appeal:
Unless withdrawn, it must be acted upon by authority superior to the officer imposing the punishment or successor in command

Results:
Offender advised of results through channels
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MAXIMUM AUTHORIZED PUNISHMENTS

(1) In the case of commissioned and warrant officers, admonition and reprimands given as nonjudicial punishment must be in writing. AR 27-10 para 3-19b(9)(d)
(2) Combination of extra duties and restriction cannot exceed the maximum allowed for extra duty
(3) Amount of forfeiture is computed at the reduced grade, even if suspended
(4) To reduce, commander must have promotion authority to grade from which reduced

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GENERAL PROVISIONS - Chapters of the Manual for Court Martial
1 Definitions
2 Persons subject to the UCMJ
3 Jurisdiction to try certain personnel
4 Dismissed Officer's right to trial by court martial
5 Territorial applicability of UCMJ
6 Judge advocates & legal officers
7 Apprehension
8 Apprehension of deserters
9 Imposition of restraint
10 Restraint of persons charged with offense
11 Reports and receiving of prisoners
12 Confinement with enemy prisoners prohibited
13 Punishment prohibited before trial
14 Delivery of offenders to civil authorities
15 Commanding officer's nonjudicial punishment
16 Courts-martial classified
17 Jurisdiction of courts-martial in general
18 Jurisdiction of general courts-martial
19 Jurisdiction of special " "
20 Jurisdiction of summary " "
21 Jurisdiction of courts-martial not exclusive
22 Who may convene general courts-martial
23 Who may convene special courts-martial
24 Who " " summary " "
25 Who may serve on a courts-martial
26 Military judge of a general or special courts-martial
27 Detail of trial counsel and defense counsel
28 Detail or employment of reporters and interpreters
29 Absent and additional members
30 Charges and specifications
31 Compulsory self-incrimination prohibited
32 Investigations
33 Forwarding of charges
34 Advice of staff judge advocate and reference for trial
35 Service of charges
36 President may prescribe rules
37 Unlawfully influencing actions of court
38 Duties of trial counsel & defense counsel
39 Sessions
40 Continuances
41 Challenges
42 Oaths
43 Statute of limitations
44 Former jeopardy
45 Pleas of the accused
46 Opportunity to obtain witnesses and other evidence
47 Refusal to appear or testify
48 Contempt
49 Depositions
50 Admissibility of records of courts of inquiry
51 Voting and rulings
52 Number of votes required
53 Court to announce actions
54 Record of trial
55 Cruel & unusual punishments prohibited
56 Maximum limits
57 Effective date of sentence
58 Execution of confinement
58a Sentences: Reduction in enlisted grades upon approval
59 Error of law; Lesser included offense
60 Action by the convening authority
61 Waiver or withdrawal of appeal
62 Appeal of the United States
63 Rehearings
64 Review by a judge advocate
65 Disposition of records
66 Review by court of military review
67 Review by court of military appeals
68 Branch offices
69 Review in the office of the judge advocate general (JAG)
70 Appellate counsel
71 Execution of sentence; suspension of sentence
72 Vacation of suspension
73 Petition for a new trial
74 Remission & suspension
75 Restoration
76 Finality of proceedings, findings, & sentences
76a Leave required to be taken pending review of certain courts-martial convictions
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PUNITIVE PROVISIONS
77 Principals
78 Accessory after the fact
79 Conviction of lesser included offenses
80 Attempts (to commit an offense)
81 Conspiracy
82 Solicitation (to commit an offense)
83 Fraudulent enlistment, appointment or separation
84 Effecting unlawful enlistment, appointment, or separation
85 Desertion
86 AWOL
87 Missing movement (of ship, aircraft or unit)
88 Contempt toward officials
89 Disrespect toward a superior commissioned officer
90 Assaulting or willfully disobeying superior commissioned officer
91 Insubordinate conduct toward warrant officer, NCO, or petty officer
92 Failure to obey order or regulation
93 Cruelty and maltreatment
94 Mutiny and sedition
95 Resistance, breach of arrest, and escape
96 Releasing prisoner without proper authority
97 Unlawful detention
98 Noncompliance with procedural rules
99 Misbehavior before the enemy
100 Subordinate compelling surrender
101 Improper use of countersign
102 Forcing a safeguard
103 Captured or abandoned property
104 Aiding the enemy
105 Misconduct as a prisoner
106 Spies
106a Espionage
107 False official statements
108 Military property of the US - sale, loss, damage, destruction, or wrongful disposition
109 Property other than property of the United States - waste, spoilage, or destruction
110 Improper hazarding of vessel
111 Drunken or reckless driving
112 Drunk on duty
112a Wrongful use, possession, etc of controlled substances
113 Misbehavior of sentinel or lookout
114 Dueling
115 Malingering
116 Riot or breach of peace
117 Provoking speeches or gestures
118 Murder
119 Manslaughter
120 Rape and carnal knowledge
121 Larceny and wrongful appropriation
122 Robbery
123 Forgery
123a Making, drawing, or uttering check, draft, or order without sufficient funds
124 Maiming
125 Sodomy
126 Arson
127 Extortion
128 Assault
129 Burglary
130 Housebreaking
131 Perjury
132 Frauds against the United States
133 Conduct unbecoming an officer and gentleman
134 General article*
Abusing public animal, adultery, assault(indecent), assault(with intent to commit murder), bigamy, bribery & graft, worthless checks, wrongful cohabitation, failing to pay debts disloyal statements, disorderly conduct, drunkenness, false or unauthorized pass offenses, false pretenses, false swearing, discharging firearm through negligence, fleeing scene of an accident, fraternization, gambling with subordinate, negligent homicide, impersonating officers/NCO, indecent acts or liberties with child, indecent exposure indecent language, abuses of mail system, obstructing justice, pandering/prostitution, breaking restriction, straggling, threat or hoax, communicating a threat, unlawful entry, carrying a concealed weapon, kidnapping, perjury, self-injury w/out intent to avoid service, knowingly receiving/buying/concealing stolen property, wearing unauthorized insignia/ decoration/badge/ribbon/device/or lapel button, willfully discharging firearm (under such circumstances as to endanger human life)
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MISCELLANEOUS PROVISIONS
135 Courts of inquiry
136 Authority to administer oaths and to act as a notary
137 Articles to be explained
138 Complaints of wrongs
139 Redress of inquiries to property
140 Delegation by the president
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GENERAL FACTS ABOUT MILITARY RIGHTS

IS BEING "LATE FOR WORK ILLEGAL" IN THE MILITARY?
Yes, the military is much more than a job. Things that would lead a civilian employer to simply fire an employee can lead to criminal punishment in the military.
Article 86 of the Uniform Code of Military Justice (UCMJ), 10 U.S.C. 886, makes it a crime to fail to go to one's appointed place of duty at the time prescribed, to leave one's place of duty, or to be absent from one's unit without authority.
There is tremendous discretion vested in a military commander to determine what, if anything, to do about a particular violation.
Often a first transgression is dealt with by minor punishment, such as loss of leave, privileges, or extra work assignments. More aggravated cases may result in administrative discharge rather than by referral to court-martial. Intentional behavior, such as coming in late to miss deploying with his unit to an unpleasant location, can result in an unpleasant court martial. The military makes examples of people like that to encourage everyone else to attend wars and other things most folks would prefer to avoid

IS OFF BASE CONDUCT COVERED BY MILITARY LAW? EVEN ON LEAVE?
Yes. To make a long story short, the UCMJ applies to every military member, 24 hours a day no matter where they are.

CAN THE MILITARY ORDER A SOLDIER TO TAKE A DRUG TEST?
Yes. The military can lawfully order a member to provide urine samples for random drug testing and other purposes. The military was among the first to use urinalysis on a large scale to deter drug use.

SUPPOSE THE CONDUCT IS LEGAL UNDER STATE LAW, LIKE MARIJUANA USE IN SOME STATES?
The fact that your state has decriminalized marijuana use is not relevant. Drug use is a crime under UCMJ Article 112a, 10 U.S.C. 912a. There is no "off time" for drug use purposes. The good news is that many positive urinalysis cases are resolved by an administrative discharge rather than by referral to a court-martial.

CAN A PERSON CONVICTED AND PUNISHED IN A STATE CIVILIAN COURT LATER BE PUNISHED FOR THE SAME CONDUCT IN THE MILITARY SYSTEM?
As a matter of law, yes, because constitutionally there is no double jeopardy or double punishment. Both the Federal government and a State may prosecute someone for the same conduct. However, as a matter of policy, the military usually does not punish someone for an offense for which they have already been tried by a State court. The military can enter a civilian conviction in the member's personnel record, suspend various privileges, require alcohol or drug screening, etc. (These are administrative matters and are not considered disciplinary or criminal penalties.)

WHAT RIGHTS DOES A MEMBER OF THE MILITARY HAVE WHEN BEING QUESTIONED?
In the civilian world, one must be advised of his or her rights only during a custodial interrogation. However, the rights of a military member are somewhat broader. Article 31 of the UCMJ, 10 U.S.C. 831, requires a rights warning before any military suspect is interrogated - regardless of whether the interrogation is custodial in nature. If the questioner did suspect the member being questioned, and did not give him a rights warning, any admissions would likely not be admissible against him.
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