MILITARY JUSTICE

Question 1

What does AR 27-10 CH 3 cover?

Answer 1

A: UCMJ Nonjudicial Punishment.

Question 2

What publication covers nonjudicial punishment?

Answer 2

A: AR 27-10 Chapter 3.

Question 3

What does the acronym UCMJ stand for?

Answer 3

A: Uniformed Code of Military Justice.

Question 4

What does the acronym MCM stand for?

Answer 4

A: Manual for Courts Martial.

Question 5

Why should Commanders use nonpunitive measures to the fullest extent?

Answer 5

A: to further the efficiency of the command before resorting to Nonjudicial punishment .

Question 6

In what cases is the use of nonjudicial punishment considered appropriate?

Answer 6

A: cases involving minor offenses in which Nonpunitive measures are considered inadequate or inappropriate.

Question 7

What should be done if it is clear that nonjudicial punishment will not be sufficient?

Answer 7

A: If Nonjudicial punishment will not be sufficient, more stringent measures must be taken

Question 8

What is essential for nonjudicial punishment to have the proper corrective effect?

Answer 8

A: Prompt Action

Question 9

What are the three reasons that nonjudicial punishment should be imposed?

Answer 9

A: 1. Correct, educate, and reform offenders.

2. Preserve a Soldier’s record of service.
3. Further military efficiency by disposing of minor offenses.

Question 10

What is nonjudicial punishment used to correct?

Answer 10

A: to correct misconduct in violation of the UCMJ.

Question 11

What does misconduct in violation of the UCMJ usually result from?

A: Such conduct may result from intentional disregard of, or failure to comply with, prescribed standards of military conduct.

Answer 11

A: result from intentional disregard of, or failure to comply

Question 12

What type of conduct does nonpunitive measures usually deal with?

Answer 12

• simple neglect,
• forgetfulness
• laziness
• inattention to instructions
• sloppy habits
• immaturity
• difficulty in adjusting to disciplined military life

Question 13

What are nonpunitive measures?

Answer 13

A: are primarily tools for teaching proper standards of conduct and performance and do not constitute punishment.

Question 14

What are some nonpunitive measures?

Answer 14

A: denial of pass or other privileges, counseling, administrative reduction in grade, extra training, bar to reenlistment, and military occupational specialty (MOS) reclassification.

Question 15

Who has the authority to give admonitions or reprimands either as an administrative measure or as nonjudicial punishment?

Answer 15

A: Commanding officers have authority to give admonitions or reprimands.

Question 16

What is One of the most effective Nonpunitive measures available to a commander?

Answer 16

A: Extra training or instruction.

Question 17

When is extra training or instruction used?

Answer 17

A: when a Soldier’s duty performance has been deficient.

Question 18

How must the training or instruction be given?

Answer 18

A: must relate directly to the deficiency observed and must be oriented to correct that particular deficiency.

Question 19

When can extra training or instruction be given?

Answer 19

A: Extra training or instruction may be conducted after duty hours.

Question 20

Who can direct that a subordinate authority impose punishment under UCMJ, Art. 15?

Answer 20

A: No superior can direct that a subordinate authority impose punishment under UCMJ, Art. 15.

Question 21

Para 3-4 Can a BDE or BN Commander issue regulations, orders, or so-called “guides” that either directly or indirectly suggest to subordinate commanders to impose UCMJ for certain offenses?

Answer 21

A: No.

Question 22

Who can nonjudicial punishment may be imposed upon?

Answer 22

A: Military personnel of a commander’s command.

Question 23

What is considered minor offenses?

Answer 23

A: misconduct not involving any greater degree of criminality.

Question 24

What does SCM stand for?

Answer 24

A: Summary Court Martial.

Question 25

What does GCM stand for?

Answer 25

A: General Court Martial.

Question 26

If a Soldier is given nonjudicial punishment for what is thought to be a minor offense that was actually not a minor offense can the Soldier still be tried by a court martial?

Answer 26

A: Yes.

Question 27

When nonjudicial punishment has been imposed for an offense can punishment be imposed again for the same offense under UCMJ, Art. 15?

Answer 27

A: No; Once Nonjudicial punishment has been imposed, it may not be increased

Question 28

Can a Commander issue multiple punishments to a Soldier under UCMJ?

Answer 28

A: No.

Question 29

How long after an incident can nonjudicial punishment be imposed?

Answer 29

A: Not more than 2 years

Question 30

What is the statute of limitations for nonjudicial punishment?

Answer 30

A: 2 Years.

Question 31

What are the two types of nonjudicial punishment that a company commander may impose?

Answer 31

A: Summary or Company Grade.

Question 32

What is the maximum punishment for a summary article 15?

Answer 32

A: 1. Extra duties for 14 days. 2. Restriction for 14 days. 3. Oral reprimand or admonition. 4. Any combination of the above.

Question 33

Is the Soldier allowed to consult defense if receiving a summary article 15?

Answer 33

A: No.

Question 34

Is a Soldier allowed to demand trial by court martial if receiving a summary article 15?

Answer 34

A: Yes.

Question 35

Under a summary article 15 how long is normally given to the Soldier to decide if they choose to demand trial by court martial?

Answer 35

A: usually 24 hours.

Question 36

How long is a Soldier normally given to appeal a summary article 15?

Answer 36

A: Normally no longer than 5 days.

Question 37

Can a Commander delegate the notification of an article 15 to authorize a commissioned officer or NCO?

Answer 37

A: Yes.

Question 38

Who should the NCO performing the notification normally be?

Answer 38

A: The First Sergeant or Senior NCO of the Organization.

Question 39

Does the Soldier have right to counsel if it is a company grade or higher article 15? A: Yes.

Answer 39

A: Yes.

Question 40

How long will a Soldier be given to consult with counsel? A: Normally 48 hours.

Answer 40

A: Normally 48 hours.

Question 41

Who are commanders are encouraged to consult prior to giving punishment under UCMJ?

Answer 41

A: Their NCO’s.

Question 42

What are the kinds and amounts of punishment authorized under the UCMJ, Art. 15?

Answer 42

A: Company Level or Field Grade and Higher Level.

Question 43

Can the punishment be made public and put out at formation?

Answer 43

A: Yes; after the Appeal is completed.

Question 44

Can the Article 15 be published on bulletin boards?

Answer 44

A: Yes after Social Security number has been removed.

Question 45

What would be the purpose of announcing or posting the article 15’s?

Answer 45

A: to preclude perceptions of unfairness of punishment and to deter similar misconduct by other Soldiers.

Question 46

What does punishment is suspended mean?

Answer 46

A: Suspension is a grant of probational period.

Question 47

How long can a punishment be suspended for company and higher article 15’s?

Answer 47

A: punishment of reduction or forfeiture may be suspended only within a period of 4 months.

Question 48

How long can a punishment be suspended for summarized article 15’s?

Answer 48

A: No more than 3 months.

Question 49

What is mitigation?

Answer 49

A: Mitigation is a reduction in either the quantity or quality of a punishment.

Question 50

How many appeals can a soldier make to an article 15 hearing?

Answer 50

A: Only one appeal is permissible under UCMJ, Art. 15 proceedings.

Question 51

Who may act on an appeal?

Answer 51

A: The next superior authority to the commanding officer who imposed the UCMJ.

Question 52

What is the form used for article 15’s? A: DA Form 2627.

Answer 52

A: DA Form 2627.

Question 53

Who may request the transfer of a record of nonjudicial punishment from the performance section of their OMPF to the restricted section?

Answer 53

A: SGT and above.