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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
Can you receive ucmj action and court martial for the same offense?
Well, a court martial is a result of UCMJ action. When the charges are filed against a service member, that's UCMJ action right there. However, they may not be punished twice for the same offence.
Which court is known as the GI Supreme Court?
The US Court of Appeals for the Armed Forces
Since cases can be appealed to the US Supreme Court from the Court of Appeals for the Armed Forces, it is really not the equivalent of a supreme court.
Can a passenger in DUI be convicted under ucmj?
No. The CoC may try to charge dereliction of duty. Especially if the passenger is drunk, in that case you may not have any knowledge that the driver was intoxicated. I've seen this issue pop up once or twice when the CoC tried to punish someone under UCMJ for this exact same situation. It has never made it past the Brigade Legal Office.
What does the acrynym G O M A R stand for?
General Officer Memorandum of Reprimand, or an administrative censure or written "chewing out" by a general officer given to a soldier for a failure to comply with established standards. May stand alone or be accompanied by an Article 15 under UCMJ. The written reprimand may be filed in either the Soldier's Military Personnel Record Jacket (MPRJ) or Official Military Personnel File (OMPF), usually for the term of assignment under the general court-martial jurisdiction or up to three years, whichever is sooner.
Does a military spouse fall under ucmj?
According to the UCMJ the uniform code of military justice is applicable to all military members worldwide.
Would soldiers ever be justified in refusing the order to fight?
The idea of whether a soldier would be justified in refusing the order to fight in World War 2 is a matter of personal opinion. Some believe that when you are called to serve your country in this manner you are obligated to do so. With the amount of deaths and injuries associated with this war others feel that a person should have had the right to make this decision for themselves, especially if they had families they were leaving behind.
Active military personnel are subject to UCMJ jurisdiction?
Always. Let me give an example. A soldier at Fort Drum, NY engages in sex with a 15 year-old in Ontario, where the age of consent is 15. The parents catch them, and call the local police, who are unable to do anything about it, because she's legal according to Ontario law, and stated that it was with consent. So, the parents call the military police at Fort Drum, and that soldier is arrested the moment he arrives on post, because, even though he wasn't even in the country at the time, and even though he didn't break any local laws, he did violate the UCMJ, which applies to him at all times, no matter where he is.
What is the age of consent under the U.C.M.J. and how does it apply to civilians?
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I have never edited an answer before and I don't want to change what was said, but this answer does not address the question. Age of consent according to the Uniform Code of Military Justice is 16 unless the age of consent for the state you are in is higher.
Example: TX age of consent is 17 within three years. If you are 22 or older your age of consent will then be 18. If your states age of consent is 16 well then if she doesn't have her permit you can drive her to school.
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After 2007, some parts of the UCMJ (despite the implication of its name) DO apply to civilians working with military in deployed locations.
What article of the UCMJ covers sleeping on duty?
892. ART. 92. FAILURE TO OBEY ORDER OR REGULATION
Any person subject to this chapter who--
(1) violates or fails to obey any lawful general order or regulation;
(2) having knowledge of any other lawful order issued by any member of the armed forces, which it is his duty to obey, fails to obey the order; or
(3) is derelict in the performance of his duties;
shall be punished as a court-martial may direct.
How do you respectfully decline an award at a navy award ceremony?
Say that you respectfully decline?
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...
