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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.
151 Questions
Civilian authority is at all times supreme over the military?
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.
What laws apply to foreign nationals working in MTF overseas who violate privacy standards?
Laws of the host country.
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.
If you have a Horseshoe Kidney do you have any restrictions such as military law enforcements etc?
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?
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?
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?
[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?
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?
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.
AR 385-10: The Army Safety Program
What is the punishment of a security guard caught sleeping while on duty?
The punishment for a security guard caught sleeping while on duty can vary depending on the employer's policies and the severity of the situation. Common consequences may include disciplinary actions such as a warning, suspension, or termination of employment. In some cases, the guard may also face legal repercussions if their negligence leads to a security breach or harm. Ultimately, the outcome largely depends on the specific circumstances and the organization's code of conduct.
What type of jurisdiction does murder fall under?
Murder typically falls under criminal jurisdiction, which is the authority of a court to hear cases involving violations of criminal law. Depending on the specific circumstances, such as the location of the crime and the laws in place, it can also fall under state or federal jurisdiction. Most murder cases are prosecuted at the state level, but certain cases involving federal interests or cross-state implications may be handled in federal court.
How many southerners eligible for the draft failed to sign up?
During the Vietnam War era, it is estimated that about 30% of eligible southern men did not register for the draft. This was a significant number, reflecting widespread opposition to the war and various forms of resistance, including evasion and protests. The exact figures can vary based on different sources and interpretations, but the proportion of non-sign-ups was notable in the South, mirroring national trends.
How should Operation and Maintenance Army appropriations Funds be spent?
A. Use of FY 2010 Operatons and Maintenance, Army appropriations is proper, under 10 U.S.C. 2410a, to buy this bottled water delivery service.
B. Use of FY2010 Operations and Maintenance, Army appropriations is only proper to cover the time period running 15 September 2010 to 30 September 2010. Fort TJAGLCS must fund the period running from 1 October 2010 to 14 September 2011 with FY2011 Operations and Maintenance, Army Appropriations.
C. Since most of the contract period is FY2011, this is clearly a bona fide need of FY 2011, so Fort TJAGLCS must use FY2011 Operations and Maintenance, Army Appropriations to find the entire contractual period.
D. Fort TJAGLCS may not use appropriated funds of any kind to fund the purchase of the water of the coolers, under these facts.
Can opposite sex military personnel share a hotel room on official travel?
No. It is not the LOCATION of the billet that is significant. The same regulations apply as would apply on a military installation - it is the relationship between the genders that matters. Unless the two happen to be married TO EACH OTHER the rule for non-fraternization between the sexes remains the same.
Can military lost time be waived to allow soldier to ETS?
No. Lost time will not be waived. If allowed to reach end of active service, any lost time will be tacked onto the end of the enlistment so that the entire enlistment is served.
Potus Comatatus.....
yes it needs to be completed. If a ratee does that recieve one, they can elect not to sign their EPR and it will get thrown out. Also it will make the supervisor look bad and most likely getting a nice talk from leadership.
Which law covers impersonation of military personnel?
Most of it's covered under the Stolen Valour Act, also known as United States Code Title 18, Paragraphs 702 and 704.
