28/03/2021
The UCMJ is the statute that prescribes criminal law for Soldiers. It applies to active duty Soldiers 24 hours a day and 7 days a week. Anywhere you are in the world, the UCMJ applies.
All persons in the military service are required to strictly obey and promptly execute the legal orders of their lawful seniors.
The UCMJ authorizes non-judicial punishment (administrative actions) by commanders and judicial punishment by court-martial (military courts).
The UCMJ covers traditional offenses that can occur inside or outside of the military environment. Examples include assault, burglary, r**e, and murder.
It also provides for the punishment of strictly military offenses. Military offenses are those not common in civilian law. Examples include failure to repair, absence without leave, disrespect to NCOs and commissioned officers, and disobedience of orders.
The principle that an accused is innocent until proven guilty applies to both non-judicial punishment and courtsmartial. You have the right to be informed of any charges against you, as well as the names of accusers and known witnesses.
UCMJ: Non-Judicial Punishment
Under the provisions of the UCMJ, Article 15, commanding officers may impose non-judicial punishment upon Soldiers who commit minor offenses within their units.
The purpose of non-judicial punishment is to train, correct, and reform. It also promotes positive behavior changes in Soldiers without the stigma of a courtsmartial conviction.
While Article 15s are often considered “minor,” common punishments include: revocation of pay, revocation of time (through extra duty) and revocation of rank.
Some of the common UCMJ offenses in IET are:
Refusing to train; disobey a lawful order; disrespect to an officer/noncommissioned officer; sexual harassment/assault, and missing formation.
UCMJ: Court-Martial
There are three types of court-martial: summary, special, and general .
Trials by court-martial are the military equivalent of civilian trials b