AR 27-10 Miliary Justice Flashcards
What does AR 27-10 ch3 cover?
UCMJ non judicial punishment
What Publication covers non judicial punishment?
AR 27-10 chapter 3
What does UCMJ stand for?
Uniform code of military justice
What does MCM stand for?
Manual for courts martial
What are 3 reasons that non judicial punishment should be imposed?
Corrcom, educate and reform offenders whom the CDR determines cannot benefit from less stringent measures
Preserve a soldiers record of service from unnecessary stigma by record of court martial conviction
Further military efficiency by disposing of minor offenses in a manner requiring less time than trial
What is non judicial punishment used to correct
Misconduct in violation of UCMJ
What type of of conduct does non punitive measures usually deal with?
Misconduct, forgetfulness, laziness, sloppy habits, immaturity difficulty adjusting to disciplined military life and similar deficiencies
What are non punitive measures?
Tools for teaching proper standard of conduct and performance and do not constitute punishment
What are some some non punitive measures?
Denial of privileges, counseling, administration reduction in grade, reprimands, extra training, bar to re-enlist and mos reclass
Who has the authority to give admonitions or reprimands either as an administrative measure or non judicial punishment?
Commanding officers
What is one of the most effective non punitive measures available to a CDR?
Extra training and instruction
When is extra training or instruction used?
When a soldiers duty performance has been substandard of defiecent
When can extra training or instruction be given?
After duty hours
Can a BDE or BN CDR issue regulations, orders or so called guides that either directly or indirectly suggest subordinate commanders impose UCMJ for certain offenses?
No
What is considered minor offenses?
Misconduct not involving any greater degree of criminality that is involved in the average offense tried by summary court martial SCM
What does scm stand for?
Summary court martial
What does GMC stand for?
General court martial
If a soldier is given non judicial punishment for what is thought to be a minor minor offense that was actually not a minor can the soldier still be tried by a court martial?
Yes
When non judicial punishment has been imposed for an offense can punishment be imposed again for the same offense under UCMJ art 15?
No. Once non judicial punishment has been imposed it may not be increased upon appeal or other otherwise
Can a CDR issue multiple punishments to a soldier under UCMJ?
All known offenses will ordinarily be considered together and not made the basis for multiple punishments
How long after an incident can non judicial punishment be imposed?
Not more than 2 years before the date of imposition
What is the statue of limitations for non judicial punishment?
2 years unless the Soldiers is awol
What are 2 types of of non judicial punishment that a company CDR may impose?
Summary and company grade
What is the maximum punishment for a summary article 15?
Extra duty for 14 days
Restriction 14 days
Oral reprimand
Any combination of the above
Is the soldier allowed to consult defense if receiving a summary art 15?
No
Is the soldier allowed to demand trail by court martial if reviving a summary art 15?
Yes
