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US Military Law
Mandated by the US Constitution, the Uniform Code of Military Justice (UCMJ) is the core of the military legal system. Any active, retired, and reserve and guard personnel who violate any of its 146 articles are subject to a court-martial.
500 Questions
How long can a navy instruction stay effective?
Asked by Wiki User
Navy instructions are in effect until cancelled. Some instructions currently remain in effect, unchanged, from the 1960s and perhaps even earlier.
Directives intended for a short duration are written as "Notices" instead of instructions. These have an expiration date on them, or else automatically expire after one year and must be renewed to remain in effect. A common example of a Navy notice is the 5050 or 5060, which provide detailed direction for the execution of one-time events such as changes of command or visits by distinguished persons.
Civilian authority is at all times supreme over the military?
Asked by Wiki User
Yes. The commander in chief of the US military is a civilian, and will always be in ultimate control of the military. This is one of the major tenants of the construct the founders put in place to guard against the military seizing power.
Does the US Navy recognize children born out of wedlock?
Asked by Wiki User
If the service member is the parent of the child, they can be claimed as a dependent. Marital status does not matter.
What laws apply to foreign nationals working in MTF overseas who violate privacy standards?
Asked by Wiki User
Laws of the host country.
How do you change a military reentry code?
Asked by Wiki User
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.
Can you put graduated ALC on your NCOER?
Asked by Wiki User
No. It is already documented on the 1059.
If you have a Horseshoe Kidney do you have any restrictions such as military law enforcements etc?
Asked by Polonium84
I have a horseshoe kidney, I can tell you its a disqualification for the Armed Forces, now the Marines will likely tell you that's all there is to it, but its not necessarily the case. I am currently trying to join the Army with one, now its a "disqualification" but its also "waiver-able" which basically means you and your recruiter can put together a packet of everything about you especially medically wise, with a physical and certain other tests related to the kidney and send it to a place where Army doctors review them and make the decision. While there's no certainty on a "yes" or "no", its a possibility, and worth a chance, contact your recruiter to get more info.
Would you get full bah if im in the army and a marry someone in the airforce?
Asked by Wiki User
If there are no other dependents (children), each member is treated as "single" (for housing allowance purposes), and each will receive the single-rate Basic Allowance for Housing (BAH) for their rank and assignment location. If there are children, one member receives the with-dependent rate, and the other member receives the single rate. In most cases, the couples choose the senior-ranking member to receive the "with dependent" rate, as it means more money.
Do FBI agents have to live in Washington D.C. in order to be agents of the FBI?
Asked by Wiki User
No. FBI Special Agents live and work in every major city in the United States. They also work overseas. See the link below.
Can military law outweigh congressional law?
Asked by Wiki User
[Note: the term "civil law" here is used to refer to all "normal" congressional law, both normal civil and criminal laws, as well as regulatory and statutory laws]
Actually, the answer is much more complex. I presume the question relates to Military Law as applied to members of the U.S. Military or locations under Military jurisdiction. The U.S. has no concept of "emergency military rule" powers - that is, there is no ability in the U.S. law to suspend civil law and enforce military law instead. Note that enforcement of curfews and such is still part of civil law, and what the media often refers to as "martial law" is still NOT official military law; rather, it is a section of civil law that allows for very temporary curtailment of certain civil rights.
In places where U.S. Military Law (as codified by the UCMJ) is valid (e.g. military bases, war zones, and military vessels or aircraft), military law supercedes civil law; however, in NO CASE, can military law circumvent the Constitution. That is, the U.S. Constitution is still the highest law in the land, and no military law can superceded it. Note that the Supreme Court has ruled that the circumstances around various Constitutional concepts does matter in interpreting laws, so that it is possible for military law to be significantly more restrictive on some constitutional matters than civil law - when applied in the context of a military setting. Thus, freedom of speech is considerably more restricted under military law than civil law.
Also, note that as Congress makes both civil and military law, they can dictate the extent to which military law supercedes or defers to civil law in areas under military jurisdiction. And, more importantly, the Supreme Court is the arbiter of deciding which limited locations the military has jurisdiction. One of the prime modern disputes in this area of jurisdiction is the categorization of "enemy combatants" as it relates to terrorists.
In Lincoln's case above, this actually was ruled unconstitutional (that is, he exceeded his powers as President, and the suspension of Habeus Corpus was actually illegal), but this ruling did not come until much later. The interment of Japanese-decent citizens and legal residents during WW2 was also later ruled to be unconstitutional. Similarly, there is significant consensus amongst Constitutional scholars that many of the expanded Presidential powers claimed by G.W. Bush (and sustained by Obama) are in fact unconstitutional, and, as we receded further from the 9/11 event, the eventuality of them being overturned increases.
In another case, which comes up frequently on TV shows such as N.C.I.S., is the commission of crimes by military personnel. It is not uncommon for a member of the military to commit a crime in some region where military law is not in effect (for instance, in an off-base house or store). If the crime is solely one of a civil nature (i.e. no military law was broken), then the military person committing the crime is automatically subject to civil prosecution, and the military cannot claim immunity or such. However, in a conflict between the military and civil law (i.e. a law was broken under BOTH sets of laws), the military law takes precedence. That is, the criminal is first subject to military trial. Should the military give up this preference, the criminal can be tried under civil law (but NOT BOTH - i.e. they can't be tried under both military and civil law for the same crime). Even if it claims original jurisdiction, the military can be forced to defer to civil law by either the President, or by a Federal Court. Note that all of the above only applies if the military person is the perpetrator (or conspirator, or whatever) - whether or not the victim is under military jurisdiction has no bearing on deciding who gets to prosecute.
Can a senator upgrade a discharge?
Asked by Wiki User
No, it must be appealed to the C.O. of the military branch (i.e.: The Pentagon) you were discharged from.
The above answer is incorrect. Former members can apply to have their characterization of service upgraded by filling out a DD-293 and submitting it to their respective service's Discharge Review Board (DRB) if they have been separated within the past 15 years. If it has been longer, they must apply to the Board for Correction of Naval Records (BCNR) or the Board for Correction of Military Records depending on their branch of service.
A Senator does not have the authority to upgrade a discharge. One of his staff will provide a letter to the appropriate DRB, and it will be marked as "congressional interest". All it really does for the applicant is put a stamp "congressional interest" on their folder. The case will still be evaluated in the same manner regarding propriety and equity of the characterization of service, and narrative reason for separation.
What is a limited military response?
Asked by Wiki User
A limited military response is one which last no more than a few days in duration. No "boots" are put on the ground, however, cruise missiles as well as hard to shoot down aircraft which can drop guided bombs are used. Limited Military Responses are used when a government is trying to stop another country's bad behavior in a certain area. As such, the target of the limited response is generally limited to something which is used by the government conducting the bad behavior in order to stop them. For example, to stop Syria from using Chemical Weapons again, a limited response would be to use cruise missiles to take out the launching systems used for the delivery of chemical weapons. If those systems are moved around, then aircraft may need to be used in order to ensure an acurate targeting of those delivery systems. Another means would be to take out the chemical weapons themselves, however, this could end up having even worse results if the bombing of those weapons allowed the chemicals to escape into the atmosphere. The United States more often than not uses limited military responses in order to correct behavior in counties without having to resort to all out warfare. Such was the case in Libia, Panama, Columbia (against drug lords), Grenada (to expell Cuban Armed Forces), Beruit, and Iraq (excluding Gulf Wars I and II). Bosnia can also be looked at as a limited response, although the limited response there was quite heavy handed in scope to the norm. When boots are used on the gournd during a limited response, they are in and out and normally consist of special forces only.
Which publication establishes the basic requirement for Army managers to have a safety program in place?
Asked by Wiki User
AR 385-10: The Army Safety Program
Is an employee covered by workmen's comp if he is killed being robbed while performing job duties?
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Which one of the following is NOT a basic fiscal control consideration for the proper expenditure of appropriated funds?
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