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Uniform Code of Military Justice
The Uniform Code of Military Justice is the foundation of military law in the United States. Ask questions about the UCMJ here.
242 Questions
What happens after a Bad conduct discharge from the army?
Reenlist and get an honorable discharge. I knew two guys that had dishonorable discharge they reenlisted and got honorable discharges.
reenlist? no. go to school and leave it off of your resume. You can still get financial aid and have a great life.
What to do if you are falsely punished under the UCMJ for adultery?
Adultery is very hard to prove. You either need an angry spouse/girlfriend/mistress to approach your CoC or if you got someone pregnant, your CoC will know because of a paternity test. Having said that, the first thing you should do is ask your accuser (more than likely your Co Cdr) who the person is that is claiming that you had an extramarital affair, if it's just another Soldier, get a sworn statement from the person who you are supposedly having an affair with. Also, let TDS (your attorney, you will be afforded one) know that you are %100 innocent. If you truly are innocent, you should have nothing to worry about, it will all wash out.
What article of the UCMJ covers Hazing?
Sexual harassment is not covered by a specific article of the UCMJ. DoD and each service, and even each command have published sexual harrassment policies. Violation of this policy could result in charges being brought under several articles of the UCMJ:
Article 92 (Failure to obey an order or regulation), Article 128 (Assault) if any assault was involved in the violation, Article 134 (General Article) which can capture numerous violations including conduct unbecoming, adultry and other inappropriate behavior not covered by another article, Article 120 (Rape), and I'm sure there are others. These are just a few examples. Bottom line, sexual harrassment is a policy which is not directly covered by a UCMJ article when violated.
Under the ucmj what evidence is needed to be charged with adultery?
Physical, hard evidence, i.e pictures, videos, or blood test of child
If you were not issued it, you are not authorized to have it.The military is not interested in your personal life. You were not issued a wife, therefore you are not authorized to have one. That being said they understand that it does in fact happen but cannot interfere with your performance of duties, and no consideration needs be given by the military for any circumstance that arises from you having one.If you intend to use a cheating spouse as an excuse for the dereliction of your duties then you had best give up now.
Military court does not concern itself with divorce, or marriage for that matter.
You are allowed to have a personal life as long as it does not interfere with your commitment to the United States ( which you volunteered for by the way )
When I went to war, the Air Force took away my quarters and rations pay ( and replaced them with MRE's and a tent ), It put my family in a bind as we needed that money to pay my mortgage. When I questioned their judgment they told me as I told you. I was the one who signed the contract and took the oath, and I am the only one they have to provide for. I did receive combat pay for the time I was there but it was about half of what they took away.
What it boils down to for you is that you need to settle your personal lifes issues without involving the United States. If you do not, or are not able to control the behavior of the people in your personal life then it is you who will be dealt with
sorry to be so blunt, but that is the way it is. and I suggest you resolve the matter as quietly and as quickly as possible as their patience for this sort of thing is very short.
One last thing, if this is concerning a military member cheating on another military member that is technically fraternization and is illegal.
Keep your private life private, you do not want Uncle Sam involved, it will be bad for the service member no matter what you can prove.
What is the jurisdiction of the U.S. Court of Appeals for the Armed Forces?
(cases involving people subject to the Uniform Code of Military Justice)
What article of the ucmj is Dereliction of duty?
Article 92, UCMJ. There are two types of dereliction: wilful and negligent punished under the same article. Note sometimes they also charge an orders violation, also under Article 92 for the same or similar conduct.
What would happen if I don't show up for Annual Training for Army Reserve?
That is significantly worse than missing a drill. You will be marked as Unauthorized Absent (UA) and you likely receive an article 15 or might even be administratively discharged and required to repay any tuition benefits. You need to talk to your unit administrator and square your reason and schedule an alternate Annual Training (AT) if you don't want to get into some serious trouble.
How long does an NCIS appeal take?
The NICS Section's Appeal Services Team (AST) will respond to your initial appeal request by providing you with the general reason for denial within five business days of the receipt of your inquiry.
What is Article 94 of he Military?
UCMG Article 94?
"Mutiny and sedition"
Let me know if you want more details.
Just because you commit an offense under the UCMJ doesn't necessarily mean you will be puinished for it. It's up to the commander's discression if they want to pursue action against the person. Adultery doesn't mean you're automatically put out of the military. He could've received an Article 15 for this incident. That justifies as his punishment. If he had other infractions along with the adultery incident he could've possibly been chaptered out for patterns of misconduct but again it would be up to the commander if he/she wanted to initiate a discharge him.
If she got pregnant by someone else before the divorce was finalised, she could be. I'm not a lawyer, and never was, but, from what I've seen, if the pregnancy occurred after divorce papers were filed, the military probably wouldn't be particularly enthusiastic about pursuing the matter.
What is the task organization of a checkpoint?
- Headquarters element.
- Security force.
- Search teams.
- Sentry teams.
FM 3-20.98
Task Organization
D-126. Personnel manning the checkpoint are organized into the following teams or elements to accomplish specific task
Headquarters element.
Security force.
Search teams.
Sentry teams.
What shortcomings did many founders see in the articles?
The Founding Fathers who found shortcomings in the Articles of Confederation were typically known as Federalists. The most significant shortcoming, from their point of view, was the weakness of the national government, which they believed did not have the power or authority to deal with the nation's problems. Another example of a shortcoming was the lack of a national currency.
Can you use an Article 138 of the UCMJ to complain about a Command Sergeant Major?
Only if you desire a severly shortened enlistment.... A special bonus would be a detour to one of the brig!
What does article 2 of the ucmj state?
It defines who is subject to the Uniform Code of Military Justice (UCMJ)
How do you change a military reentry code?
Re-entry or RE codes are rarely changed. However, under certain circumstances, it can be done if an error or injustice is found in your record. You will need to submit a package to the Board for Correction of Naval Records (BCNR) if you were in the Navy or Marines. Army and Air Force have an equivalent board called the Board for Correction of Military Records. These boards have web sites which are helpful in the application process. You will have to demonstrate an error or injustice by providing documentation to support your case.
There are several factors you will want to consider as you prepare your application including obtaining representation, and assistance in preparing your case. There are several organizations that provide representation free of charge.
