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LEADERSHIP 2: UCMJ
Purpose of Military Law
Promote justice; maintain good order and discipline; promote
efficiency and effectiveness; strengthen national security
Persons Subject to the UCMJ
Active duty; cadets, aviation cadets, Midshipmen, Candidates;
military retirees; reservists while active; EPOW; prisoners; civilians
in public health service and oceanic and atmospheric
administration, and civilians serving with military in time of war
Article 31 (Rights of the accused) Before Non-Judicial Punishments
Right to know offense suspected prior to questioning
Protects against being coerced into making a statement
Protects from being compelled to make statements or produce
evidence in court martial that’s immaterial to the case and
degrading
After right are read, statements can be used in court
Statement obtained from coercion, unlawful influence cannot be
used
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Identify How to Report an Offense
If civilians reports offense its treated like military
A report should be forwarded ASAP to suspect chain of command
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Identify the Punitive Articles of the UCMJ
Articles 77-134 define crimes punishable under UCMJ
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Article 86-Absence Without Leave
Fails to go to appointed place of duty at time prescribed
Leaves from appointment place of duty
Absents himself or remains absent from unit, organization, place
duty at time
UCMJ CONT.
14. Article 128-Assault
 Simple assault-attempts or offers with unlawful force/violence to do
bodily harm; whether or not it happens doesn’t matter
 Assault Consummated by Battery-does bodily harm
 Aggravated Assault-assault with dangerous weapon likely to lead to
death or body harm
15. Article 134-Gerneral Article
 Covers other offenses not in punitive articles
 Covers behaviors prejudicial to good order and discipline of armed
forces ex: animal abuse, bigamy, adultery, fraternization, bribery
16.
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Authorized Punishment for Violation of UCMJ
Reprimand-severe oral/written in record; ends or delays careers
Forfeiture of pay and allowance
Fine
Reduction in grade-only for enlisted
Restriction to specific limits-deprived liberty
Hard labor without confinement
Confinement-at bribe or military prison
Punitive Separation-as Dismissal, Dishonorable Discharge, or Bad
Conduct Discharge
Death
Confinement on bread and water-assigned to ships brig
Arrest in Quarters-officers only
Extra Duty-can be menial tasks, but not degrading
Correctional custody unit (CCU)-not confinement, used for good
Marines who got off-track, helps remotivate (maximum of 7 days)
17. Types of Discharges
 5 broken down into 2 categories: punitive and Non-Punitive (aka
Administrative Separation)
 PUNITIVE Discharges-punishments, 2 types: Dishonorable
Discharge-only awarded at general court martial (CM). Bad Conduct
Discharge-special or general C.M only
ELO 17 CONT: UCMJ
 Non-Punitive Discharges:
o Other than Honorable-service was less than honorable due to
the commission of 1 or more minor offenses not taken to
court
o General, Under Honorable Conditions-performance was
characterized by significant negative aspects by not meeting
standards EX: overweight
o Honorable-Average proficiency and conduct marking are
greater 3.0/4.0
 Officers Retire, Resign, or are Dismissed-they’re not discharged
18. Non-Judicial Punishment
 Purpose is to provide CO’s a prompt and essential means for
maintaining good order and discipline. Serves to correct misconduct
without attaching stigma of court conviction
 Provided for by Article 15
19. When the Administration of NJP is Appropriate
 Minor offenses (aka when max confinement in UCMJ is less than
one year)
 Person attached to or embarked on vessel-punishment may not be
imposed under Article 15 if they demand trial by court martial
instead
 Any service member punished under Art. 15 can appeal if felt unjust
20. Summary Court-Martial
 Jurisdiction over everyone subject to UCMJ except: officers, cadets,
aviation cadets, and Midshipman
 For any non-capital offense made punishable by manual for C.M.
 Composition of court: one commanding officer
 Max. punishment for E$ and lover: confinement 20 days, forfeit 2/3
pay for 1 month, reduction to lowest grade, no punitive discharge
can be awarded
 Max pun. For E 5 and above: restriction 45 days, 2/3 pay 1 month,
reduce of one pay grade, no punitive discharge, no hard labor
without confinement
UCMJ CONT.
7. Article 88-Contempt Towards Officials
 Words/acts personally contemptuous against President, Vice
President, etc.
 Adverse criticism can’t be charged
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Article 89-Disrespect Toward a Superior Officer
Acts/words against commissioned officer who is: superior in rank or
command; in same armed force or if in another force, in the same
chain of command; it’s not necessary the officer be in the execution
or office; accused must know it was a superior. Not necessary he
knows rank, but must be aware or rank.
9.
Article 90-Assaulting or Willfully Disobeying a Superior
Commissioned Officer
Striking; drawing or lifting weapon against them; offering any
violence against them; disobeying a lawful command while that
superior is in the execution of his office
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10. Article 91-Insubordinate Conduct Toward a Warrant Officer, NCO,
or Petty officer
 Assault; willful disobedience of a lawful order; contemptuous or
disrespectful treatment in language or department
11. Article 92-Failure to obey an Order or Regulation
 Disobedience of a lawful order or regulation; failure to obey lawful
order by member of Armed Forces
12. Article 112a-Wrognful Use, Possession, etc. of Controlled
Substance
 Heroin; cocaine; weed; etc, a drug listed in Controlled Substance Act
or listed by President
13. Article 121-Larceny and Wrongful Appropriation
 Wrongfully takes, obtains, or withholds any money, personal
property, or valuable
 Larceny-stealing properly permanently
 Wrongful Appropriation-temporarily depriving property
LEADERSHIP 2: MORAL LEADERSHIP
21. Special Court martial
 Anyone subject for any non-capital offense and under such from
president, for capital offenses
 Composition of Court: not less than 3 members; or a military jedge
and no less than 3; or judge, if one has been detailed to the court
and the accused so requests. Enlisted accused may request 1/3
court by enlisted
 Max Punishment-confinment 12 months, 2/3 pay 1 year, reduced to
lowest grade, bad0conduct discharge
22. General Court Martial
 Try anyone for any offense made punishable in manual for CM
 Composition-judge and no less than 5; or jedge if the accused
requests; if enlisted requests 2/3 court be enlisted
 Max Punishment-death, all pay and allowance reduce to lowest
grade, dishonorable discharge
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1. Definition of “Military Professional”
A Person who has undergone special preparation and training
Has the knowledge on which professional actions are based and
ability to apply this knowledge in a practical way.
Individual accepts the service motive of their work.
Wages are not the primary purpose of their work.
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Select the basis of “Special Trust and Confidence”
Based on a natural presumption that Marine Corps officers will
practice integrity, good manners, sound judgment, and discretion;
and that they will do so with honor and courage.
3.
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Who has “Special Trust and Confidence”
The President of the United States has “special trust and
confidence” in the patriotism, valor, fidelity, and abilities of an
officer.
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Four elements of “Special Trust and Confidence”
Patriotism – love and loyalty to one’s country
Valor – courage in battle; no person can truly know the depth of
one’s personal courage until it is tested
Abilities – talents and skills each of us possess
Fidelity – faithful devotion to duty
END OF UCMJ CHAPTER
NOTES:
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5.
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Desired Traits of a Professional
Competent – Marines must study and work to become an expert in
their field while continually striving to improve their knowledge and
expertise in all military related skills appropriate to their rank and
assignment.
Responsible – Marine must first make sure that they know what is
expected, and the must work to fulfill those expectations.
Dedicated – A marine must be willing to make personal sacrifices.
One must put self and personal needs secondary to the needs of the
Corps. Duty, honor, and country are the guideposts for a military
professional.
MORAL LEADERSHIP CONT.
6. Definition of “Morals”
 Morals - Pertaining to, or concerned with right conduct or the
distinction between right and wrong. Morals are much like ethics,
except morals are a balance of societal and personal standards.
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Sources of the military code of ethics
Establishes moral opinion and defines expected or acceptable
behavior in specialized fields that often encounter new and unique
problems.
Written: The USMC does not have a specific code of ethics written
into one document. It is primarily a continuation of unwritten
practices accepted and advocated by our society and supported by
our legal system. In written form, documents may include:
o The oath of office
o Commissioning Document
o The Uniform Code of Military Justice (UCMJ)
o The Code of Conduct
o The Code of Ethics for Government Employees
Unwritten: There are many standards of conduct not found in any
manual or document. These are the same of the time-honored
traditions we learn as Marines.
Definition of “Noblesse Oblige”
“Noblesse Oblige” – literal translation means “nobility obligates”
Originated in 18th & 19th century as men of position saw that by
virtue of their position, it was incumbent upon them to render
appropriate public service.
As officers, noblesse oblige is a principle that applies to personal
behavior
Officers who violate the code of their profession must expect to be
punished. The rank or position is not a shield from justice. The price
officers pay for “special trust and confidence” is exacting and
unremitting personal accountability.
END OF MORAL LEADERSHIP
NOTES:
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LEADERSHIP 2-MISSION AND ORGANIZATION
SECNAV
Civilian head of Department of Navy, responsible for organization,
operation and efficiency
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CNO
Senior military officer of Navy, sits as member of Joint Chiefs Staff
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Commandant of the Marine Corps
Responsibility to SECNAV for admin, discipline, internal
organization, unit training, efficiency, and overall readiness of corps
Reports to SNO for the readiness of FMF with Navy operations
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Organization of USMC
4 establishments within USMC organization:
a. HQ-at Pentagon in Arlington, contains departments as
manpower, installations and logistics; plans, policies and
operations are done here
b. Operating Forces-divides into 3 organizations 1)Marine Corps
Forces (MARFOR) organized as marine-Air Ground Task Forces
and are employed as part of naval expeditionary forces or
separate as part of larger joint or combined forces. 2) Marine
Corps Security Forces (MCSF)—includes 3,400 Marines who
protect key installations. 3) Marine Security Guards-provide to
Department of State for embassy security. 138 diplomatic posts
in 124 counties.
c. Supporting Establishment-consists of personnel, bases,
activities supporting USMC forces.
d. Marine Corps Forces Reserve (MARFORRES)
END OF MISSION AND ORGANIZATION CHAPTER
NOTES:
LEADERSHIP 2: CODE OF CONDUCT/LAW OF WARFARE
1) Article I of the Code of Conduct:
 I am an American fighting in the forces which guard my country and
our way of life. I am prepared to give my life in their defense.
2) Article II of the Code of Conduct:
 I will never surrender of my own free will. If in command, I will
never surrender the members of my command while they still have
the means to resist.
3) Article III of the Code of Conduct:
 If I am captured I will continue to resist by all means available. I will
make every effort to escape and aid others to escape. I will accept
neither parole nor special favors from the enemy.
4) Article IV of the Code of Conduct:
 If I become a prisoner of war, I will keep faith with my fellow
prisoners. I will give no information or take part in any action which
might be harmful to my comrades. If I am senior, I will take
command. If not, I will obey the lawful orders of those appointed
over me and will back them up in every way.
5) Article V of the Code of Conduct:
 When questioned, should I become a prisoner of war, I am required
to give name, rank, service number and date of birth. I will evade
answering further questions to the utmost of my ability. I will make
no oral or written statements disloyal to my country and its allies or
harmful to their cause.
6) Article VI of the Code of Conduct:
 I will never forget that I am an American fighting for freedom,
responsible for my actions, and dedicated to the principles which
made my country free. I will trust in my God and in the United
States of America.
CODE OF CONDUCT/LAW OF WARFARE CONT.
7) Information POW’s are Required to Surrender to their Captors:
 Ever Prisoner of war, when questioned on the subject, is bound to
give only his surname, first names and rank, date of birth, and army,
regimental, personal or serial number, or equivalent information.
8) Consequences of Failing to Surrender Required Information:
 If he/she willfully infringes this rule, he/she may render himself
liable to a restriction of the privileges accorded to his/her rank or
status.
9) Rules Applicable in the Law of War:
 The articles of the Geneva Convention.
 The UCMJ (Uniform Code of Military Justice).
 The Code of Conduct (Executive Order 10631).
 The laws of the Detaining Power are all applicable to a POW.
10) 9 Principles in the Laws of War:
1. Fight only enemy combatants.
2. Do not harm enemies who surrender, disarm them and turn them
over to your superior.
3. Do not kill or torture prisoners.
4. Collect and care for the wounded, whether friend or foe.
5. Do not attack medical personnel, facilities, or equipment.
6. Destroy no more than the mission requires.
7. Treat all civilians humanely.
8. Do not steal; respect private property and possessions.
9. Do your best to prevent violations of the law of war; report all
violations to your superior, a military lawyer, a chaplain, or provost
marshal.
END OF CODE OF CONDUCT/LAW OF WARFARE
NOTES: