Intro to Military Justice
& Discipline
Objectives from reading & homework:
Comprehend the purpose, scope and
constitutional basis of US Navy Regulations
& the UCMJ and relate these regulations to
personal conduct in the military service.
 Comprehend JO roles/responsibilities
relative to the military justice system and be
aware of the essential publications relating
to military justice.
Know how discipline and punishment
differ.
 Know the correct requirements for using
Extra Military Instruction (EMI).
Be aware of administrative methods used
to maintain good discipline.
Naval Law, 3rd Edition
Chapter 1: Background of Military Justice -16 Pages
Chapter 2: Fundamentals of Military Justice- 7 Pages
Are you ready to administer “justice…?”
Purpose of Military Law?
… to promote justice, to assist in
maintaining good order and
discipline in the armed forces, to
promote efficiency and
effectiveness in the military
establishment, and thereby to
strengthen the national security of
the United States.
- MCM 2008
Constitutional Basis
Constitution
Congress
President
Supreme Court
UCMJ
MCM
Court Decisions
JAGMAN
NAV REGS
Sources of Military / Naval Law
Constitution




Uniform Code of Military Justice (UCMJ)
Manual for Courts-Martial (MCM, 2008)
Judge Advocate General Manual (JAGMAN)
Service Regulations
 U. S. Navy Regulations
 SORM, Local Directives, etc.
 Court Reviews
Military Crimes
 Generally have no civilian equivalent.
 Required by military necessity for good
order and discipline.
 Examples:
– Absence (AWOL, desertion …)
– Offenses against authority
• Disrespect, orders violations
– Dereliction of duty
– Fraternization
What does “discipline” mean?
Main Entry: 1dis·ci·pline
Function: noun
Etymology:
Pronunciation: \di-sə-plən\
Middle English, from Anglo-French & Latin; Anglo-French, from Latin
disciplina teaching, learning, from discipulus pupil
Date: 13th century
1: punishment
2: instruction
3: a field of study
4: training that corrects, molds, or perfects the mental faculties or
moral character
5 a: control gained by enforcing obedience or order
b: orderly or prescribed conduct or pattern of behavior
c: self-control
6: a rule or system of rules governing conduct or activity
— dis·ci·plin·al \-plə-nəl\ adjective
The difference between
Discipline & Punishment
 Discipline
– Voluntary compliance with naval standards of
behavior.
– … based on attitude; enforced by example,
supervision, positive leadership.
 Punishment
– Failure of discipline.
– Imposed with the objective of improving
performance ( through punishing? ).
– Legal requirements, restraints/constraints -only the CO (or above) can impose.*
Discipline and the Jr. Officer
 Setting the Example
 Tools
–
–
–
–
–
Recognition (verbal/awards)
Evaluations
Recommendations for advancement
Job assignments
Working hours
 Investigations
– NJP
– JAGMAN
Leadership
Personal Example
Guidance
Supervision (vice Micromanagement)
Counseling
One on one
Direction
Leadership
Personal Example
Guidance
Supervision
Non Punitive
Letter
Non recommendation
Non advancement
Counseling
One on one
Direction
Leadership
Personal Example
Guidance
Supervision
From: Commanding Officer, USS JOHN QUINCY ADAMS (CV 11)
To: CTOCS Michael Stipe, USN, 123-45-6789
Subj: NONPUNITIVE LETTER OF CAUTION
Ref: (a) Report of JAG Investigation of 7 Sep CY
(b) JAGMAN, § 0105
(c) R.C.M. 306(c)(2), Manual for Courts-Martial (1998 ed.)
1. Reference (a) is the record of investigation convened to inquire into the transmission of a certain message on board USS JOHN QUINCY
ADAMS while you were SSES Assistant Division Officer.
2. The investigation disclosed that, as Assistant Division Officer, on 19 July CY, you participated in the writing and printing of a bogus
message to perpetrate a joke against a chief petty officer stationed onboard USS JOHN QUINCY ADAMS. After printing and delivering a
hard copy of the bogus message to the chief petty officer in question, you failed to ensure that the bogus message was completely deleted
from the message database, resulting in the bogus message being transmitted to the Bureau of Naval Personnel. To compound the error, when
you realized that the bogus message had been sent you did not notify your superiors but instead took steps to prevent their ever discovering
your misconduct.
3. Your performance and judgment during this incident was substandard. As Assistant Division Officer, it was inappropriate for you to
participate in the drafting of a bogus message on USS JOHN QUINCY ADAMS communications equipment. More critical, however, was
your failure to notify your superiors about the incident. You are hereby administratively admonished for your actions on 19 July CY.
4. This letter, being nonpunitive in nature, is addressed to you as a corrective measure. It does not become a part of your official record.
However, you are advised that, as Assistant SSES Division Officer, you are in a position of special trust. In the future, I expect you to
exercise greater care in the performance of your duties in order to measure up to the high standards of USS JOHN QUINCY ADAMS. I trust
the instructional benefit you receive from this experience will heighten your awareness of the extent of your responsibilities and help you
become a more proficient Senior Chief Petty Officer.
E. D. BRICKELL
Nonjudicial
NJP
Non Punitive
Letter
Non recommendation
Non advancement
Counseling
One on one
Direction
Leadership
Personal Example
Guidance
Supervision
Judicial
Courts Martial
Nonjudicial
NJP
Non Punitive
Letter
Non recommendation
Non advancement
Counseling
One on one
Direction
Leadership
Personal Example
Guidance
Supervision
Military Court Appeals Process
United States
Supreme Court
Court of Appeals
(Armed Forces)
Court of Criminal Appeals
(Navy-Marine Corps)
Court-Martial
The real deal…
Negative Factors Affecting Discipline
 Lack of interest, leadership
by seniors
 Slackness in command
- No follow through
 Lack of information flow to
subordinates
 Instability in day-to-day
operations
–
–
Frequent changes
Transfers
Non-Punitive Administrative Measures
 Extra Military Instruction
 Administrative Withholding of Privileges
 Non-punitive Censure
Extra Military Instruction*
JAGMAN 0103
 Instruction imposed by officers / senior petty officers
in a phase of military duty in which an individual is
deficient.
 Intended for and directed towards the correction of
that particular deficiency.
 Limitations
– Conducted at a reasonable time outside normal
working hours (CO must approve the after hours).
– Max 2 hours/day, not on the member’s Sabbath.
– Only as long as necessary.
– Not used to deprive of liberty (not punishment).
Rights and Privileges
(Examples)
Rights




Liberty
Right to privacy
Procedural rights
Rights of the accused



– to know the offense
– To counsel
– To testify




Privileges
Special Liberty
Exchange of Duty
Special Command
Programs
Access to Base or
Ship Libraries
Base or Ship Movies
Clubs
Base Parking
Non-punitive Letter
 Not considered punishment.
 Issued to remedy a noted deficiency in
conduct or performance of duty.
 Contents may include the following:
– Identification of conduct or performance of duty
deficiencies
– Direction for improvement
– Language of admonishment
– Identification of sources of assistance
– Outline of corrective action
– Consequences of failing to correct the
deficiencies.
Disposition of UCMJ Violation
UCMJ VIOLATION OCCURS
OFFENSE REPORTED
TO IMMEDIATE CO
RCM 301
CONSIDER
CIVILIAN
PROSECUTION
Although jurisdiction may
be concurrent with state
and federal government,
current policy restricts the
military commander’s
discretion to prosecute.
JAGMAN 0124, 0125
IMMEDIATE CO INITIATES
PRELIMINARY INVESTIGATION
IF NOT ALREADY BEGUN
PRETRIAL
RESTRAINT
DECISION
RCM 303; JAGMAN 0204
INITIAL DISPOSITION DECISION BY
IMMEDIATE CO -Must be a “prompt determination”
RCM 304, 305, 707; ART
9, 10; JAGMAN 0127
RCM 306, 401, 403, 404, 407 ; ART 30 JAGMAN
0102-0105 (non-punitive measures)
DISMISS OR TAKE
NO ACTION
Further disposition by
other authority is not
barred.
RCM 306(c)(1), 401(c), 402
ADMIN ACTION
CENSURE
EXTRA
MILITARY
INSTRUCTION
COUNSELING
RCM 306
FWD TO
SUPERIOR
AUTHORITY
NJP
COURTS-MARTIAL
RCM 306; ART
15; JAGMAN
0106-0119
ARTS 17-20
GCM,
SPCM,
SCM
RCM 401(c)
RCM 306, 401
ADMINISTRATIVE SEPARATION
MILPERSMAN 1910
Enlisted Service Record:
Page 13 Admin Remarks
• Written Acknowledgement of obligations or
policies
• Document Warnings, e.g.,
– Drug Waivers
– Following CO’s Mast
• Documents UA – regardless of
Disciplinary action
Document, document, document
The first thing the CO will usually ask a Junior
Officer about one of his Sailors at Mast is,
“Do you have documented
counseling for this
individual?”
If you don’t, he will assume you are not properly
caring for your people!!
You make the call…
1.
2.
3.
4.
5.
6.
Uniform sloppy, hair unkempt, bags under eyes
Smell of alcohol,
Good Sailor, late for work
Bad Marine, late for work
Sailor tells sexist joke in work center, no complaints,
Sailor tells sexist joke and junior Sailor of opposite sex complains
to you
7. Good Marine tells sexist joke and junior Marine with poor
performance of opposite sex complains to you
8. LPO physically threatens a poor performing Sailor who has been
mouthing off
9. LPO pushes poor performing Sailor who has been mouthing off
10. LPO punches poor performing Sailor who has been mouthing off
11. LCpl mouths off to GySgt
12. PO3 mouths off to LPO
13. MasterSgt gets DUI
14. PO1 “gundecks” a log entry
15. Your Div CPO fails to salute you
What were your primary / secondary
considerations in deciding what to do?
•
•
•
•
•
•
•
•
Mission?
Correcting deficiency?
Punishment?
Effect on morale?
Severity of act?
Individual’s reputation?
Expectations of rank?
Permanent impact on individual’s career?
How will you know when you got it right?
Reading for Next Class:
Kantian Ethics
Objectives from reading:
EMP (21 pages)
•
Kantian Ethics and the Basis of Duty
(Lucas), pp. 143-147; from Groundwork of
the Metaphysic of Morals (Kant), pp. 149159; A Simplified Account of Kantian
Ethics (O’Neill), pp. 161-165.
CSME (9 pages)
•
Aviano EA-6B Gondola Mishap (Slyman),
pp. 115-121; Aviano EA-6B Gondola
Mishap (The Sequel), pp 233-234.
Comprehend moral basis and
standard of Kantian or duty-based
ethics:
• What are the strengths &
weaknesses of Kantian ethics
as a moral standard?
• Kantian concept of good will,
reason, intent, and duty
• Know and apply the 3
versions of the Categorical
Imperative.
• How does Kantian moral
theory differ from
utilitarianism regarding intent
& consequences?
• How would you compare
Kant’s concept of duty to the
concept or military duty?