Military Justice

Question 1

What regulation covers Military Justice?

Answer 1

AR 27-10

Question 2

What is the most effective non-punitive measures available to commanders?

Answer 2

Extra Training or instruction.

Question 3

Are physical exercises allowed for corrective training?

Answer 3

Yes, brief physical exercises are an acceptable form of corrective training for minor acts
of indiscipline. So long as it does not violate Army policies prohibiting hazing, bullying, and
unlawful punishment.

Question 4

Can a commander delegate their authority to impose UCMJ, ART 15?

Answer 4

No, it may not be delegated.

Question 5

What is the statute of limitations for non-judicial punishment?

Answer 5

NJP may not be imposed for offenses that were committed more than two years before
the date of imposition.

Question 6

What are the exceptions for the statute of limitations?

Answer 6

• Absent without authority
• Fleeing from justice
• Outside the territory where the United States has authority to apprehend
• In the custody of civil authorities
  in the hands of the
  enemy.

Question 7

Who can non-judicial punishment be imposed on?

Answer 7

Military personnel of a commander’s command

Question 8

Can forfeitures of pay be applied against a Soldier’s retirement pay?

Answer 8

Yes, if imposed pursuant to UCMJ, ART 15

Question 9

If a Soldier is currently undergoing punishment or depravation of liberty pursuant to
UCMJ, ART 15 can a commander prescribe additional punishment?

Answer 9

Yes, it will begin after completion of the earlier punishment.

Question 10

A soldier is in the punishment phase, i.e., extra duty, forfeiture of pay etc. Can the
successor in command (new commander) provide clemency?

Answer 10

Yes, Successor in command may remit or mitigate any part of unexecuted punishment
imposed.

Question 11

What is remission?

Answer 11

An action whereby any portion of unexecuted punishment is cancelled

Question 12

A Soldier is given the right to appeal, who has the authority to act on an appeal for non
judicial punishment?

Answer 12

The next superior authority to the commanding officer who imposed NJP will act on
appeal if the Soldier punished is still of the command of that officer at the time of appeal.

Question 13

Is hard labor without confinement an authorized court-martial sentence?

Answer 13

Yes, for enlisted members.

Question 14

Does hard labor without confinement include reduction in rank?

Answer 14

It can but it will not trigger automatic reduction in rank.

Question 15

Once a Soldier ceases to be a part of the command, the authority of the losing command
to imposed NJP over that member terminates. Can the NJP be transferred?

Answer 15

Yes, if the proceedings have been initiated and punishment has not been imposed prior
to the change of the member’s assignment, the commander may transmit the record of
proceedings to the gaining command.

Question 16

When will a preliminary inquiry be conducted?

Answer 16

Upon receipt of information that a Service member has committed an offense triable by
court-martial.

Question 17

What does the preliminary inquiry determine?

Answer 17

At minimum it must determine if the offense was committed, and the likelihood of the
Service member’s involvement.

Question 18

Once inquiry is complete the commander will determine disposition; what are the
possible dispositions?

Answer 18

Closing the case with no action, referring case to appropriate investigative agency,
ordering further investigation, and referring case to superior commander for appropriate
punitive and administrative action.

Question 19

In summarized proceedings the Soldiers has a decision period; what are the two
decisions a Soldier has?

Answer 19

Accept the UCMJ, ART 15 NJP; or, request a reasonable time, normally 24 hours, to
decide whether to demand trial by court martial and collect matters in defense.

Question 20

Does the Soldier have the right to consult with legally qualified personnel?

Answer 20

No, not in summarized proceedings.

Question 21

What is the difference in open and closed hearings for UCMJ, ART 15 proceedings?

Answer 21

Open hearing is open to the public, but does not require the commander to hold
proceeding in a location different in which that the commander conducts normal business, i.e.
office. The public is not allowed to attend a closed hearing.