OVERVIEW
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Need For Military Justice System
Sources of Military Law
Uniform Code of Military Justice (UCMJ)
Manual for Courts Martial (MCM)
Maintaining Discipline
DoD Homosexual Policy
Your Rights and Responsibilities
Military Justice
NEED FOR A SEPARATE
MILITARY JUSTICE SYSTEM
 Crimes Unique to the Military
 Discipline
 Worldwide Operations
NEED FOR A SEPARATE
MILITARY JUSTICE SYSTEM
 Crimes Unique to the Military
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Absent Without Leave (AWOL) (Article 86)
Fraudulent Enlistment (Article 83)
Desertion (Article 85)
Missing A Movement (Article 87)
Disrespect Toward a Superior (Article 89)
Failure to Obey a Lawful Order (Article 92)
Misbehavior before the enemy (Article 99)
NEED FOR A SEPARATE
MILITARY JUSTICE SYSTEM
 Discipline
 The military justice system is the driving force
behind discipline.
 Discipline is critical to effective military operation.
NEED FOR A SEPARATE
MILITARY JUSTICE SYSTEM
 World Wide Operations
SOURCES OF MILITARY LAW
 U.S. Constitution
 International Law
SOURCES OF MILITARY LAW
 U.S. Constitution, Article I, Section 8
 “Congress shall have the power to make rules
for the government and regulation of the land
and naval forces.”
SOURCES OF MILITARY LAW
 U.S. Constitution, Article II, Section 2
 “The President shall be Commander in Chief
of the Army and Navy of the United States....”
SOURCES OF MILITARY LAW
 Congress - writes the law
 President - implements the laws through
Executive Order
SOURCES OF MILITARY LAW
 International Law
 Law of War - Customary and Treaty Law
 Apply the amount and kind of force necessary for
the purpose of war
SOURCES OF MILITARY LAW
 International Law
 Geneva Conventions
 Deals with humanitarian issues
 No attacks on civilian populations
 Avoidance of disproportionate suffering
UCMJ / MCM
 UCMJ (1950)
 Part of the U.S. Code
 Modified and consolidated the
 Articles of War
 Articles for the government of the Navy
 Disciplinary laws of the Coast Guard
 Contains the Punitive Articles (77-134)
UCMJ/MCM
 Manual for Courts-Martial (1995)
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Not just a guide
Full force and effect of law
Binding on all personnel subject to the UCMJ
Implemented by Executive Order
MAINTAINING DISCIPLINE
 Preventive Discipline
 Action taken to encourage members to follow
standards and regulations to prevent infractions
 The overall objective is to encourage selfdiscipline, rather than having discipline imposed
by superiors
MAINTAINING DISCIPLINE
 Corrective Discipline
 Action subsequent to a rule infraction
 It seeks to discourage further infractions and to
ensure that further acts are in compliance with
standards
MAINTAINING DISCIPLINE
 Corrective Discipline - 3 GOALS
 To reform the offender
 To deter others from similar actions
 To maintain consistent, effective group standards
MAINTAINING DISCIPLINE
 Corrective Tools / Nonpunitive Actions
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Letter of Counseling
Letter of Reprimand
Unfavorable Information File
Control Roster
MAINTAINING DISCIPLINE
 Letter of Counseling
 Document verbal counseling
 Late
 No Shows
 Sloppy Uniform
 Traffic Ticket
MAINTAINING DISCIPLINE
 Letter of Reprimand
 Official censure of inefficiency, impropriety, or
misconduct.
MAINTAINING DISCIPLINE
 Unfavorable Information File (UIF)
 Repository at MPF
 Contains information concerning a
 person’s duty performance and
 conduct
UIF
UIF
UIF
MAINTAINING DISCIPLINE
 UIF - What’s in it?
 Article 15
 Letter of Reprimand
 Counseling Documents (as attachments only)
MAINTAINING DISCIPLINE
 Control Rosters
 List the names of people whose conduct, bearing,
integrity, or duty performance require special
attention, observation, evaluation, or
rehabilitation.
 Assists commanders and supervisors in
controlling and managing those members.
MAINTAINING DISCIPLINE
 Control Rosters
 Give the person a chance to improve in their
deficient area within a specific time period.
 If placed on a control roster, the individual would
be ineligible for reenlistment, promotion, PME in
residence, or PCS.
MAINTAINING DISCIPLINE
 Punitive Actions
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Article 15
Summary Court-Martial
Special Court-Martial
General Court-Martial
MAINTAINING DISCIPLINE
 Nonjudicial Punishment - Article 15
 For minor offenses
 Imposed by the commander
 Punishment depends on rank of
offender/commander
 Member may request trial by court-martial in lieu
of Article 15
MAINTAINING DISCIPLINE
 Judicial Punishment
 Summary Court-Martial
 Special Court-Martial
 General Court-Martial
MAINTAINING DISCIPLINE
 Summary Court-Martial
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Tries minor offenses
For enlisted members only
One officer acts as judge
Limited punishment
MAINTAINING DISCIPLINE
 Special Court-Martial
 Tries intermediate offenses
 Military judge / 3 members (minimum)
 Limited Punishments
MAINTAINING DISCIPLINE
 General Court-Martial
 Most serious offenses
 Military judge / 5 members (minimum)
 Maximum punishment
YOUR LEGAL RIGHTS
 Involuntary self-incrimination
 Right to counsel
 Search & Seizure
DOD HOMOSEXUAL POLICY
 Homosexuality is inconsistent with military
service.
 POPULARLY KNOWN AS: Don’t ask, don’t
tell.
DOD HOMOSEXUAL POLICY
 Sexual orientation considered
personal/private matter
 Air Force applicant or member will not be
asked to reveal sexual orientation or whether
they have engaged in homosexual conduct
 Homosexual orientation is not a bar to entry or
continued service unless it’s manifested by
homosexual conduct
DOD HOMOSEXUAL POLICY
 Homosexual Conduct:
 Act
 Statement
 Marriage/attempted marriage
 Between two persons of the same sex
DOD HOMOSEXUAL POLICY
 Homosexual Conduct
 Act: Bodily contact, actively taken or passively
permitted, between members of the same sex for
the purpose of satisfying sexual desires or any
bodily contact that a reasonable person would
understand to demonstrate a propensity or intent
to engage in homosexual acts
DOD HOMOSEXUAL POLICY
 Homosexual Conduct
 Statement: When a member says he/she is
homosexual or bisexual, or words to that effect
DOD HOMOSEXUAL POLICY
 Homosexual Conduct
 Marriage: Two members of the same sex marrying
or attempting to marry
DOD HOMOSEXUAL POLICY
 Consequences of Homosexual Conduct
 Accessions: Applicant for entry shall be rejected if
there is independent evidence demonstrating the
applicant has engaged in homosexual conduct
DOD HOMOSEXUAL POLICY
 Consequences of Homosexual Conduct
 Separations: Mandatory for a commander to
initiate administrative separation action against a
member if there is probable cause to believe the
person engaged in homosexual conduct
 If discharge board recommends discharge, the
characterization will usually be either honorable or
general (under honorable conditions)
DOD HOMOSEXUAL POLICY
 Inquiries and Investigations
 Prohibited if doing to solely determine
sexual orientation.
 Limit to the facts surrounding a specific
allegation of homosexual conduct
DOD HOMOSEXUAL POLICY
 Inquiries and Investigations
 Commanders should conduct fact-finding
inquiries when they have credible
information that a member has engaged in
homosexual conduct
 If credible, commander should contact base
staff judge advocate for further guidance
MAINTAINING DISCIPLINE
 Your Responsibilities
 Comply with standards
 Enforce standards
 Don’t condone misconduct
SUMMARY
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Need for Military Justice System
Sources of Military Law
Uniform Code of Military Justice (UCMJ)
Manual for Courts Martial (MCM)
Maintaining Discipline
DoD Homosexual Policy
Your Responsibilities