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Can I be given corrective training and UCMJ punishment for the same offense?

Can I be ordered to perform corrective training and then be recommended for UCMJ for the same offense? Isn't this double jeopardy?

Yes you can receive both. This is not double jeopardy. Corrective training is administrative in nature and not considered punishment. UCMJ actions are punitive in nature. So yes you can be recommended for UCMJ action for the same deficiency your current corrective training is meant to correct.

Let’s say you were disrespectful to an NCO and he required you to give a class on respect and recommended you for an Article 15. Depending on the circumstances this course of action could be appropriate.

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posted on 04/25/2011 under Q&A
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Mark is a Retired Command Sergeant Major with 26 years of military leadership experience. He held 3 military occupational specialties (Field Artillery, Nuclear Weapons Tech, and Ammunition Ordnance). Mark is one of the leading military authors in the fields of leadership, counseling, and training.

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  • Donica

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    What about getting a negative counseling, then denial of my pass and not given a comp day plus getting another non promotable counseling for 30 days and still got the same thing for the follow up (after 30 days) for the same offense? This offense was not showing up to work and my commander already decided that I dont need an article 15 for it because I have a valid reason and the punishment that theyre gonna give me is denial of my pass and comp day but my ncoic decided to give me a negative counseling and a non promotable counseling too.

  • Dan

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    What about a punishment that is “non-corrective” and UCMJ?
    Example- a soldier gets a DUI and is punished by being told to stay after duty hours and clean the COF and then at a later date he gets extra duty?
    Is that right?

    • Mark Gerecht

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      This could be a violation of the UCMJ for imposing punishment before administering Article 15 proceedings.

      If the Soldier was made to stay after duty hours and clean the COF because of the DUI, and then later was given an Article 15 for the DUI, then yes, his rights were violated. The issue I see is that normally, if a Soldier gets a DUI in the States, then the Army does not give an Article 15 for a DUI off-base because it could be considered double-jeopardy. If the DUI happens on base, then the punishment is at the discretion of the Command.

      If overseas, then the punishment is normally left to the Command also. Without more details it would be hard to tell. However, if he did get an article 15 after punishment was imposed, (cleaning the COF), his defense attorney should be made aware. The Article 15 would be invalid. But again, without specifics, it can not be determined if a violation of the UCMJ occurred or not.

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  • Falcon

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    I was giving corrective training by one NCOs for being late to pt then right after another nco made me do corrective training for the same thing. Is that considered double jeopardy?

  • Rousseau

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    I was given a negative counseling for nothing UCMJ and after I signed a counseling, my SL tells me they’re taking my PCS award away, does this make sense? everyone else says it’s double jeopardy but what should I do?

    • Mark Gerecht

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      Double Jeopardy is part of the criminal process. Counseling and Awards are administrative actions and therefore Double Jeopardy does not apply.

      While traditionally Soldiers receive an award at the end of a tour there is no such thing as a PCS Award. However I do agree units frequently refer to these performance or service awards as PCS Awards. See AR 600-8-22 and your local Unit Award SOPs for specifics about award requirements

      If the counseling was for something minor odds are your PCS award will not be impacted. If you are concerned about this you might consider requesting to see the Commander/1SG on open door policy.

      Did you find this information useful? I appreciate your feedback!
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