Q&A | AskTOP.net - Leader Development for Army Professionals
vote for asktop

Can I receive UCMJ for not completing corrective training?

Can my squad leader recommend UCMJ if I did not complete corrective training to standard?

Short answer: Yes

If you willfully failed to complete the corrective training assigned by your squad leader, and if your squad leader is an NCO–CPL or above, he/she could recommend to the commander that you receive UCMJ action for violating Article 91, “Insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer.”  One of the specifications (offenses) under this article is:  “Willfully disobeying the lawful order of a warrant officer, noncommissioned officer, or petty officer.”

The other side of this issue is; “Why were you given corrective training in the first place?”  If the reason for your corrective training was a violation of an article of the UCMJ, then you could also be charged with that offense during an Article 15 proceeding.

Disclaimer: I am not an attorney and any views presented are my own and are not to be
interpreted as legal advice. Furthermore, my views do not necessarily
represent the views of DoD or its Components.

posted on 06/11/2012 under Q&A
avatar
Staff Sergeant(R) Douglas “Eck” Eckstein is a former Paralegal NCO with over eleven years of service in the Army. He has served overseas tours in Korea and Iraq. Eck served on active duty for seven years working in the personnel administration field then, after a break in service, returned to active duty in 2009 when he earned the Military Occupational Specialty, 27D (paralegal). He has worked in the Office of the Staff Judge Advocate from Division level down to unit level. He has expertise in all aspects of military law, with extensive emphasis in Administrative Law and Soldiers Rights. “I am not an attorney and any views presented are my own and are not to be interpreted as legal advice. Furthermore, my views do not necessarily represent the views of DoD or its Components.”

Disclaimer: Though all content posted on AskTOP.net is reviewed by our qualified subject matter experts, you should not make decisions based solely on the information contained in this post. Use information from multiple sources when making important professional decisions. This is not an official government website.

vote for asktop
AskTop