Military Justice
What AR covers military justice?
AR 27-10
Does a person have to accept an article 15?
No, he or she has the right to demand a trial by court martial
What kind of extra duty is an NCO given by an article 15?
Supervisory duty only
What is the UCMJ?
Uniform Code of Military Justice (the statute that prescribes criminal law for soldiers)
How many articles are there in the UCMJ?
There are 146 Articles in the UCMJ. There are also sub-articles which total 12, nested
within the UCMJ such as the following example: Article 106 deals with "Spies", but
Article 106a Deals with "Espionage". It would be more accurate to state a total of
158 Articles in the UCMJ (The 146 Articles + 12 Sub-articles = 158)
When was the UCMJ enacted?
1950, congress enacted the UCMJ, which was based upon and replaced the Articles
of War, which had been around in various forms since 1775
What is a Field Grade Article 15?
An article 15 imposed by an O4 or above
Who may impose an article 15?
Any commanding officer, including a warrant officer exercising command
What does the UCMJ establish?
It declares what conduct is a crime, establishes the various types of courts and sets
forth the basic procedures to be followed in the administration of military justice.
What are the three classifications of article 15s?
1. Summarized
2. Company grade
3. Field grade
What form is used to record Summarized Article 15 proceedings?
DA Form 2627-1
What are articles 77 through 134 of the UCMJ known as?
Punitive Articles
What are 3 types of Court martial?
1. Summary
2. Special
3. General
What are the maximum punishments that company commanders may
impose?
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14 Days extra duty
14 Days restriction
7 Days correctional custody (E3 and below)
7 Days forfeiture of pay
1 Grade Reduction for E4 and below
Oral or written letter of reprimand
Who is the highest military court?
The court of military appeals
Under what article is Non-judicial punishment imposed?
Article 15
Who makes up the court of military appeals?
The Court was originally composed of three civilian judges appointed by the
President of the United States for a normal term of 15 years and confirmed by the
Senate of the United States. However, effective October 1, 1990, Congress increased
the membership on this Federal Court to five civilian judges, maintaining the original
appointment and confirmation process. Except for ceremonial sessions and special
hearing sessions held in various sections of the United States, the Court sits only in
Washington, D.C.
What is one circumstance when a soldier does not have the right to refuse
an Article 15 and demand trial by court martial?
When aboard a ship
What rights are given to a Soldier under Article 31? The rights given to a
Soldier under Article 31 are: the right to remain silent, the right to demand trial, and
the right to an attorney