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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
Does the ucmj apply to the president of the US who by the constitution is the commander in chief?
Court holds military tribunals do not have jurisdiction over the President. Impeachment in the United States is an expressed power of the legislature that allows for formal charges against a civil officer of government for crimes committed in office. For example, The Impeachment of Andrew Johnson, 17th President of the United States, was one of the most dramatic events in the political life of the United States. Even dought he was not impeached, the nation has a way to fire the President.
What represents a violation of Article 86 Absent Without Leave and is punishable under the UCMJ?
Being 3 minutes late for work...
Terms like Torch and Barbaeosa were established an used by specific countries in the planning of various operations for security reasons. Some individuals with Top Secret clearances who had no need to know were denied the information of specific coded information. It was and remains a method of keeping a lid on security in various military operations. Eyes only was and is an often often used term which means that the courier of that information never left a hard copy behind. The highest classification was and remains Top Secret, Crryptologic (Code Named xxx), meaning that a separate and unique encryption system is used to transmit such information and that a very small number of cryptographers have access to that system.
Loac violations by us military personnel are punishable under the uniform code of military justice?
True
What article in the ucmj covers drag racing on post?
That should be under unsafe driving, mis-use of a vehicle on gov't property and speeding laws to name a few.
It depends on the separation agreement; if it's formal, legal separation, then no. If it's just an informal "I'm moving out for a while", the technically yes, but it would depend on whether or not it reflected badly on the Navy itself.
Bottom line is, what you do in your private life (good, bad, or otherwise) they don't really care about, unless it affects the Navy's image, your bearing as a Sailor, duty status, involves criminal activity, unit effectiveness/readiness (e.g., having an affair with a crewmember or someone in your chain of command), etc.
It's more of a bigger deal for officers than enlisted, though again, it depends on how it affects your duty status.
No, in the meantime the action takes place. An appeal does not hold he finding of the Article 15 in abeyance. If the finding is over-ruled the service member is restored to their former rank with back pay.
Can Retired military be punished under the UCMJ for using drugs?
The Uniform Code of Military Justice (UCMJ) is applicable, according to article 2 (a)(4) to retired members who are entitled to pay. Therefor retired members receiving pay are subject to any article of the UCMJ. Use of illegal substances is not addressed under the UCMJ; however, those military members given Non-Judicial Punishment and/or Courts Martial for the use of drugs are often charged under article 134,which retired members who receive pay are subject to. In the past, retired military members have been charged under the UCMJ for offenses ranging from drug use, to sodomy. Retirees drawaing pay for service in a regular component of the armed forces are NOT civilians.
Can you be punished under the UCMJ for not telling your chain of command of your DUI?
That will not be an issue these days--local law enforcement WILL tell your chain of command for you. I just went through the punitive articles of the UCMJ...if they were going to charge you with something, Article 134 is about the only thing that covers "failure to notify" (although under Shrub Bush's devastation wreaked upon Article 134, where there are now about a hundred specific crimes in it, that may no longer be the case). However! Since the local authorities are guaranteed to tell the military, expect at minimum a General Officer Letter of Reprimand in your file.
Where is the paragraph in the ucmj for awol?
AWOL is addressed in Article 86 of the UCMJ. It reads:
"Any member of the armed forces who, without authority--
- fails to go to his appointed place of duty at the time prescribed;
- goes from that place; or
- absents himself or remains absent from his unit, organization, or place of duty at which he is required to be at the time prescribed; shall be punished as a court-martial may direct"
Can a e-6 promotable be taken off the army promotion list?
Yes
In AR 600-8-19 it reads.
5-27. Removal from the recommended list
a. The promotion authority will direct the name of a Soldier be removed from the recommended list if the Soldier-
(1) Is reduced in grade regardless of the reason.
(2) Did not meet the criteria in this chapter and was placed on the list in error.
(3) Has been barred from reenlistment under AR 140-111.
(4) Is reclassified for cause out of the MOS in which recommended (inefficiency or misconduct).
(5) Was under suspension of favorable personnel actions per AR 600-8-2 and the final report is closed as
"unfavorable" or "disciplinary action taken."
(6) Is enrolled in the Army weight control program in accordance with AR 600-9.
(7) Fails to qualify, for cause, for the security clearance required for the MOS in which recommended or competing.
(8) Is not MOS qualified in an assigned duty position and within 24 months following a unit reorganization,
relocation, or inactivation, has failed to enroll in an approved formal course of instruction leading to the award of the
MOS or failed to be awarded the MOS required by the assigned duty position (see para 5-7e(3)).
(9) Declines promotion when selected under paragraph 5-6c(l) and is within 50 miles or 90 minutes or submitted a
statement of willingness to commute to the required vacancy. If the Soldier has recommended list standing in more
than one MOS, his or her name will only be removed in the MOS in which the promotion was declined. If the Soldier
is a military technician, his or her name will not be removed and paragraph 5-47 will apply. If a declining Soldier has
a cogent verified personal reason for declining the promotion, he or she may be considered by the next convened
board, otherwise the Soldier may be considered by a board after 1 year has expired following the date of the promotion
declination.
(10) Fails to reenlist or extend to meet service remaining obligation.
(11) Is under any of the following adverse actions:
(a) Convicted by court-martial while on the promotion standing list.
(b) Received punishment imposed under the provisions of the UCMJ, Art. 15, (not including summarized Article
15) while on the promotion standing list.
(c) Is undergoing proceedings that may result in discharge.
(d) Received a memorandum or letter of reprimand, admonition, or censure filed in his/her official personnel file in
accordance with AR 600-37, chapter 3.
(12) Is released from active or enlisted status.
(13) Is dropped from the rolls as a deserter.
(14) Fails to maintain the minimum promotion points required to be on the recommended list (see para 5-15a(4)).
(15) Has been denied a waiver to reenlist.
(16) Has fraudulent documents in the promotion packet, which are discovered by the promotion authority.
(17) Fails a record APFT.
78 AR 600-8-19 • 30 April 2010
(18) Is on the promotion list and is promoted to SGT because of entering WOC, OCS, or ROTC/SMP. Soldier will
not be eligible for reinstatement after removal.
(19) Has a qualifying conviction for domestic violence under the Lautenberg Amendment in accordance with AR
600-20.
b. Soldiers removed from a recommended list must be informed of removal action in writing.
c. The promotion authority may direct the removal from the recommended list the name of a Soldier who-
(1) Requests removal.
(2) Is the subject of adverse action under paragraph 1-10.
(3) Becomes an unsatisfactory participant as defined by AR 135-91.
d. Promotion packets of Soldiers who are removed from a recommended list will be retained in the files of the
promotion authority for 2 years.
e. Once a Soldier is removed from a recommended list, the action is final unless the Soldier is later exonerated
under paragraph 5-29.
f. Being processed for discharge or reassignment from TPU status.
If a 20 year old US Marine wants to marry a 17 year old Military dependent is he violating the UCMJ?
no. I'm not a marine, I'm in the army, and a guy in my squad got married to a 17 yr old girl. he was 21 at the time. he did not break any laws. ucmj should be solid throughout the military, so if the army can do it, so can marines. if anything, talk to your chain of command about it. if they don't have the answer, they will find it...
Can you resign from the army before Uniform Code of Military Justice is signed?
No, and you don't sign the UCMJ. The moment you sign your name on the dotted line, you're subject to the UCMJ. Any acknowledgment of laws and regulations will be done while you're in Basic.
Which article of ucmj covers af pt failure?
It's not a matter of UCMJ. You'll simply be flagged and barred from favourable action (promotion, reenlistment, schools, etc.).
Some Soldiers have been prosecuted or disciplined for dereliction if there is some evidence that the failure to pass the APFT is the result of a deliberate action to fail. After sufficient number of failures and rehabilitation the person can be administratively separated.
I belive that all of them would support this. It was common practice at the time for Generals, Admirals and Captains of War ships to handle matters in this way.
Is the president subject to military code of justice?
The president is not a member of the military. It might seem strange to hear that since he is Commander In Chief. This is a very important point. The US military is ultimately under civilian control. Think about how important that is. What could happen if military authority in the US were independent of civilian authority.
Will moving from Illinois to Texas affect your pension?
If you are in a state pension system in Illinois, ask your HR department if Texas and Illinois have a lateral pension transfer agreement. First find out if Texas even has a state retirement sytstem though...most states don't.
If what you mean is you have retired and are collecting your pension and want to move to the warmer climate...i don't think your State (or country) of residence effects the pension benefit you are collecting.
If you haven't retired yet and are continuing employment with the same employer, again the change shouldn't matter - except that wages may be different in the new state and pensions are generally based on earnings.
Obviously the Americans had the upperhand when it came to industrial and production power, due to their recent but rapid industrialization (which was sped up after World War 1).
Britain (the United Kingdom) had by far the most powerful navy at the time, and was also one of the major world powers.
Italy, as the first country to use aircraft in military missions (shortly before World War 1 in the Italian-Turkish war) had a more superior airforce, though it was not as dominant compared to the airforces of other countries as the navy of Britain.
Other than that, the major powers in Europe at the time were certainly Britain, France, Germany, Italy, Austria-Hungary, and perhaps, though to a lesser extent, Russia, which lost its dominance as a military power due to the upheaval caused by the Bolshevik revolution.
One of the reason for the formation of the Triple Entente (Britain, France and Russia) and the Triple Alliance (Germany, Austria-Hungary and Italy [though Italy never actually fought on the side of the Alliance]) was the desire of all of theses powers to be the dominant world power, especialy Britain and France, which has been world powers for hundreds of years, and Germany, which was a rising power, which caused envy and hatred among the other powers, and Austria Hungary, also a powerful empire. (Turkey and its Ottoman empire had also been a major world power until shortly before the outbreak of World War 1, when it lost the war with Russia, which ended in 1878, and which caused the break up of the empire, which was largely responsible for the outbreak of World War 1, though this was just one of many possible fuses which lit the fire, and if the war hadn't been started when it had, for the reasons it had, the tensions and envy among the major powers would eventualy have snapped and led to war.)
Citation: "World War 1." Answers 2009. Answers Online. 24 Apr.2009
What article of uniform code of military justice does fraternization cover?
Article 134 is the primary article. It may also be covered under Articles 80 and/or 92.
Elements of proof in embezzlement?
Embezzlement was a felony which consisted of the conversion to his own use by a clerk or servant of property received by him on behalf of his master.It now falls within the definition of theft in a court of law and requires the same proof as a theft does,this varies from state to state .
