answersLogoWhite

0

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

Can you be a marine officer with law offenses they were misdameanor and dismissed?

Im also applying for OCS and have glanced over this topic several times, so im no expert at all, but here is my understanding.

Frst off it depends on what they were for. Many things can be waived but can hinder chances of getting in. The program is already pretty competitive and run ins with the low can be greatly frowned upon, if not disqualifying the applicant. There are also other factors like if you are a great prospect and this is the only offense. However with all of this said I would say its possible but can be unlikely. Marines are the best of the best.

What is the punishment for the female soldier that had and affair with a married male soldier and deserted the army to protect the child with the intent of returning to military control?

Well, adultery would bring an Article 15 for both parties involved.

Going AWOL would lead to a dishonorable discharge, plus possible time spent in incarceration if the AWOL period caused the soldier to miss movement (in the case of her being in a deploying unit). There would definitely be a court-martial for going AWOL, and a court-martial conviction is equivalent to a felony conviction in a civil court, even if no time is served. The military isn't likely to be sympathetic to her situation, either, especially since it involves adultery. A female soldier who missed movement because she absolutely could not find anyone to care for her child while she was to be deployed couldn't get a break, and she had a valid reason, so it's not likely the female soldier in this situation is going to fare any better.

Is it illegal for Yanks to serve in the IDF and not in the US military?

It's not illegal, but serving in a foreign military or employment with a foreign government in a military role is considered a voluntary forfeiture of US citizenship. Merely taking civilian employment with a foreign government does not jeopardize your citizenship, though you are forbidden from taking an ELECTIVE office in other countries.

It has been overlooked at various times (e.g. the Flying Tigers in China, and US volunteers to the RAF/RFC during both WW2 and WW1), but the law is pretty clear on this subject.

If you are a dual-citizen of another country, then service in that country's (and ONLY that country's) military is NOT a forfeiture, as you were fulfilling your citizenship's duties to that country. So, if you're a dual Israeli-US citizen, you can serve in the IDF with no problem at all.

Does military law fall under federal jurisdiction?

Yes, military courts are under federal jurisdiction. Military courts are Article II courts in the Executive Branch of government, but the US Supreme Court has appellate jurisdiction over cases appealed from the US Court of Appeals for the Armed Forces.

Can Lt Col Andre Gathers be tried for adultery and be court martialed?

Yes, he can be. Adultry is a chargable offense under the UCMJ. It can be charged under several articles of the UCMJ depending on the exact circumstances. Some of these include: Article 133 (Conduct unbecoming an officer), Article 134 (General Article), Article 92 (Failure to obey an order or regulation) among others. As a LtCol, he would likely be tried at a General court martial. It is, however, unlikely he would be taken to court-martial unless there were serious aggravating circumstances. Most of these cases are handled through a Board of Inquiry (BOI) in which the officer must show cause for retention. This is a non-judicial procedure which means punishments are very limited. However, the BOI can recommend separation from the military with an Under Other Than Honorable Conditions characterization of service which is extremely prejudicial in post-service civilian life.

What would happen if a hot air balloon drifted into a restircted air space?

You would be intercepted by the ones managing the restricted airspace, telling you to land it, if not complied with, you would be escorted out. If still not complied with you will be warned that you may be shot down. If STILL not complied with, you will ultimately be shot down.

What group enforces military law?

Law enforcement in the U.S. Military is very broad. Considering military law, the Uniform Code of Military Justice (UCMJ), can be exercised by Non-Commissioned Officers (NCO), Chief Warrant Officers (CWO), Commissioned Officers, and designated Civilians.

The UCMJ or military law covers a vast array of offenses and punishments. Punishment is divided into Non-Judicial Punishment (NJP) and Court Martial. An NJP offense could be falling a sleep on post, missing movement, or failing to render proper greeting to a senior military member. A Court Martial offense could be rape, murder, or espionage.

A NJP allows Commanding Officers to administer punishment and discipline to their troops and is not considered a criminal conviction. A Command will appoint an Administrative Investigating Officer who is a NCO, CWO, or Commissioned Officer to investigate (at the Officer 3 level and above) the charges.

A Court Martial is used in the prosecution of more serious crimes, felony or misdemeanor level. Court Martial punishment can be as little as a reduction in rank to imprisonment to the death penalty. Court Martial offenses are investigated by Military Police Investigators (Civilian and Military), Military or Defense Special Agents (Civilian and Military), Military Police Officers (Civilian and Military, as well as an Investigating Officer.

U.S. Military members are subject to the UCMJ when they are on active duty anywhere in the world. Reservist and Retirees may be subject to the UCMJ, depending on their status at the time of the offense.

Can you be drafted if your religion forbids service?

It depends on the your Nation's rules, but in the US there is something called concientious objector status which may prevent an individual from being drafted because of their religious beliefs. In many European countries that have required military service, people from pacifist religions can request to perform another form of national service such as cleaning swamps, etc. in lieu of fighting.

What is the gross rate for active duty member?

That is dependent entirely on rank, time in service, and any allowances the service member is entitled to (BAS, BAH, COLA, hazard pay, separate rations, etc)

Can you join the army with MINOR hypoglycemia?

Unfortunately, this is a (potentially) medically disqualifying condition. However, the doctor at the Military Entrance Processing Station (MEPS)will make that determination. Your local recruiter can have your medical records for this condition prescreened by the doctor at the MEPS for you to find a preliminary ruling in your particular situation.

You are in the Navy full active for 3 years your wife is divorcing you you will be paying child support for 4 children Will that affect your chances of reupping your contract after 3 years are up?

No. As long as your performance is good, you keep up with your child support obligations etc, and you otherwise meet the criteria for re-enlistment, you should be able to re-enlist.

Can us army reservist travel to cuba?

The State Department prhobits US citizens from traveling to Cuba without receiving authorisation to do so from the State Department first.

What if you refuse to train for combat medic in army my granddaughter completed boot camp and has now decided to refuse to train for combat medic and just wants to come home to boyfriend?

She's training as a "Healthcare Specialist", not a Combat Medic. She can refuse to train if she wishes. Of course, she'll have to face the music. If she fails to report in, there'll be administrative action taken against her, and she'll be discharged under dishonourable conditions. It may not seem like a big deal to her, but it will bring quite a bit of bias against her in the civil sector, and will impact her life in a very negative way. Not to try coming across as rude, but it seems to me like she didn't think her decision through before she enlisted. Which, it happens to people. But, her choices at this point are either fulfill the obligation she signed up for, or reap the whirlwind that comes from refusing to do it. Lots of people in this world are in places or situations they don't want to be in, but, of course, they can't just shirk it and forget about it. Why would you think the military was any different?

Furthermore, when you enlist into the military, you sign a legally binding contract. It's not like working at your local 7-11, when you can quit whenever you please.

If she wants to ruin her life for the sake of a boyfriend she's probably not going to be with for the rest of her life, then that's her prerogative. But an attempt should be made to inform her of the potential consequences of her actions. The fact that she seems unaware of them now indicates to me that she hasn't taken any of this into consideration, and it's likely she won't want to hear it now. She's been given enough rope to hang herself with at this point. As she is legally an adult at this point, she's the one who decides whether or not she lets herself get hung up.

Good advice above. Just need to add she will be separated with a very unfavorable characterization of service, likely an under other than honorable conditions (OTH) characterization. I work on the Navy Discharge Review Board (NDRB) and have seen thousands of cases from young, dumb sailors and Marines who have literally ruined any chance of decent employment for the rest of their lives. If she thinks she'll get her discharge upgraded, better think again...the Army DRB doesn't play, and she will likely find it VERY difficult to recieve an upgrade. Tell her to suck it up, and be the best soldier she can be until her enlistment is over. She'll be glad she did.

What circumstances as a healthcare provider are you obligated to inform the military criminal investigative services when a person is active duty?

If a person is an active duty service member, as a healthcare provider, you are obligated to inform the military criminal investigative services only if the victim elects to do so.

Will you be charged with adultery by the military if you are married but separated and conceived a child with another woman?

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.

Could you plead the 5th in a captains mast?

The equivalent right in the military is to plead Article 31 of the UCMJ.

Captain's Mast is not a court proceeding, it is nonjudicial punishment. One of the advantages of a Captain's Mast is that while it does have a negative affect on your military career, it is not something that records as a criminal trial. You can refuse Captain's Mast and request a Special Court Martial.

How do I apply for the U.S. military as an immigrant from the UK?

Once you have a valid and lawful immigration status, you can probably walk into any military recruiting office and sign up.

Is intentional fire on a friendly considered friendly fire or does friendly fire only apply to accidental fire on friendlies?

Intentional fire on friendly forces is not "friendly fire" - it's generally considered murder (or an attempt at it). The all-encompassing term which includes both instances would be fratricide.