Military Justice AR 27-10 Flashcards
What does AR 27-10 CH 3 cover?
UCMJ Non Judicial Punishment
What does UCMJ stand for?
Uniformed Code Of Military Justice
What is non judicial punishment used to correct?
Misconduct in violation of UCMJ
What is the most effective non punitive measures available to the commander?
Extra Training or instruction
Can a BDE or BN commander issue regulations, orders, or so called “guides” that either directly or indirectly suggest to subordinate commanders impose UCMJ for certain offenses?
No
Who can NJP May be imposed on?
Any military
What does SCM stand for?
Summary Court Martial
What does GCM stand for?
General Court Martial
Can a commander issue multiple punishments for a solider under UCMJ?
No
What are 2 types of NJP that a battery commander may impose?
Summary and Company grade Article 15
What is the maximum punishment for a summary article 15?
- Extra duty for 14 days
- 14 Days of Restriction
- Oral reprimand or demotion
- All of the above
Is the soldier allowed to consult defense if receiving a summary article 15?
No
Is a soldier allowed to demand trial by court martial if receiving a summary article 15?
Yes
Can the punishment be made public and put out at formation?
Yes, when the appeal is completed
Can an article 15 be published on bulletin boards?
Yes after the SSN is removed
What is mitigation?
Reduction is quantity or quality of punishment
What is the form used for article 15s?
DA Form 2627
Who may request the transfer of record NJP from the performance section of their OMPF to the restricted section?
SGT and above
Can a commander delegate the notification of an article 15 to authorize a commissioned officer or NCO?
Yes, as long as it’s a SFC or above and as long as the person is senior to the soldier being notified
Who should the NCO performing the notification normally be?
1SG or senior NCO of the organization
Does the soldier have a right to counsel if it’s a company or higher article 15?
Yes
How long will a soldier be given to consult with counsel?
Normally 48 hours unless the proves difficult at the duty station where legal would advise the commander of the time frame
Who are commanders encouraged to consult prior to giving punishment under UCMJ?
Their NCOs
Can the punishment be put out in formation?
Yes after the appeal is completed
What is the purpose of announcing or posting Article 15’s?
To preclude perceptions of unfairness of punishment and to deter similar misconduct by other soldiers
How long is a soldier given to appeal an article 15?
Normally no longer than 5 days
How long after an incident can NJP be imposed?
No more than 2 years before the date of imposition
When NJP has been imposed for an offense can punishment be imposed again for the same offense under UCMJ Article 15?
No, once NJP has been imposed it may not be increased upon appeal or otherwise
Can a commander issue multiple punishments to a soldier under UCMJ?
No, there will not be multiple punishments
What does punishment is suspended mean?
The punishment is on a probation period where the soldier may show that they deserve remission of remaining punishment
How long can a punishment be suspended for summarized article 15s?
No more than 3 months
What is mitigation?
Reduction in quality or quantity of a punishment
What form is used for article 15s?
DA Form 2627
Who may request the transfer of record of NJP from the performance section of their OMPF to the restricted section?
SGT and above
