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Here is a list of everything we have published about UCMJ

Can I be prevented from leaving the post? Isn’t this the same as restriction?

I am pending adverse action (currently stationed in Korea). i was arrested for breaking curfew.Long story short I am now restricted from leaving post, I have been pending extra duty etc for over a month and I seem to be getting all the company dirt bag details. It feels like I am serving my extra duty before I get an Article 15. Are they allowed to do this? Also, can my restriction from post run concurrent with my extra duty ?.. Read the Answer»

Can a Soldier go on leave when on extra duty?

Have a Soldier who received a field grade article 15 and was allowed to go on leave. Here is the problem: the Battalion Commander does not know the Soldier had an approved leave (by the company commander). The Battalion Commander imposed punishment to start immediately. The Soldier has already purchased a plane ticket. The Company CDR/1SG told the Soldier he could take leave. What will happen to this Soldier? Will his extra duty start after he returns from leave or will it be overlooked like no days were missed? Is it the Soldier's responsibility to inform the battalion commander of his leave situation. Should I bring this to someone's attention or should I do the wrong thing and let it go and see what happens?.. Read the Answer»

Can a Soldier be charged with Larceny under UCMJ if they were cleared by the Military Polices?

Two of my Soldiers are pending UCMJ for being accomplices to larceny. The Soldier who committed the larceny admitted to doing so. The two "accomplices" deny participating in larceny and simply left with the individual being charged. They were cleared of any wrongdoing by the military police, however the commander is insisting on the article. Does this sound like a valid case? The item in question for the Larceny was a Beer Mug.. Read the Answer»

DA Form 2627 Record of Proceedings Under Article 15, UCMJ

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I am in OSUT and got caught with tobacco; was recommended for an Article-What can I expect? 15 – What can I expect?

I was caught with contraband (tobacco) in OSUT. I was told I was going to receive a field grade article 15, but I never received A counseling statement saying I was. Also, a Drill Sergeant told me I was getting an ELS, but I haven't got a counseling statement for that either. I have 14 days before I reach my 180 days in service. What can I expect?.. Read the Answer»

I have a Soldier that was recently charged with drug trafficking – What do I do?

I had a Soldier arrested for Drug Trafficking under 30 kilograms. He is out on bond right now. How do I deal with this situation?.. Read the Answer»

3 Elements of Adultery under Article 134

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Adultery is a crime punishable under Article 134, UCMJ.  There are three elements that must be met to prove adultery existed.

Can information from Social Media be used for UCMJ actions?

I have a Soldier who called in sick this morning due to food poisioning. He ate sushi the other night and got sick. The other night was also his birthday. Which means everyone assumes he was drinking. Now this morning his wife posted a comment about him being hung over. I cannot find the comment anywhere on his or his wife's pages. Our PSG wants to put him in for an article 15 and demote him. The PSG thinks he is lying and is going to investigate. I believe my Soldier and want to give him the benefit of the doubt. Now since it was not him that posted this alleged comment, can they use that against him?.. Read the Answer»

Can a Soldier be sent on training rotation if they are pending UCMJ or chapter actions?

Can a Soldier be sent on a training rotation like NTC if they came up hot and will be chaptered?.. Read the Answer»

Article 15 Fact Sheet (Title 10 and Title 32) Memorandum

This is an Article 15 Fact Sheet (Title 10 and Title 32) Memorandum. If you have been informed that your commander has started non-judicial punishment (“Article 15”) procedures against you, or believe that may happen, then this sheet is designed to help you understand the Article 15 process, the DA Form 2627 (the “Article 15” form) and to prepare you for the presentation or reading of the Article 15 by the command. In Active Duty posts the Trial Defense Service (TDS) usually has a briefing at their office to go over rights and options. For USAR and ARNG, generally you will have to rely on written guidance such as this memorandum and a consultation with a TDS JAG. If after reading this paper and hearing the briefing, you have any questions whatsoever, please ensure that you ask one of the trial defense attorneys at your local TDS office. You Have …Read More

Reprimand and Admonition Handbook Military Justice Section

Administrative reprimands and admonitions are management tools available to commanders, supervisors and other superiors to reprove and correct subordinates for their departure (on- or off-duty) from norms of performance, conduct, bearing, behavior or integrity. They should be used when it is determined that more formal action under Article 15, UCMJ, is not necessary. A “reprimand” is more severe than an “admonition” and carries a strong implication of official censure. An “admonition” is similar to a reprimand but carries a lesser degree of severity and censure. Both are intended as corrective and rehabilitative in nature rather than punitive. They are administered verbally or in writing, as deemed appropriate, to correct the identified deficiency. NOTE: This document is in MS Word format

Commanders’ Guide for Handling Substandard Soldiers

This guide is designed to provide a convenient reference for commanders to use in identifying and managing substandard Active Guard Reserve (AGR) Soldiers. It includes step-by-step procedures for a number of actions, including Bars to Reenlistment and enlisted involuntary separations. This guide contains a section addressing actions available for both officer and enlisted AGR Soldiers. It also contains a discussion of UCMJ considerations. However, this is only a “guide” to Army Regulations. In all cases, definitive guidance must be obtained from the appropriate regulation itself, with awareness that regulations are constantly revised, updated and republished. NOTES: Some references listed in this doc might have been superseded and/or updated and should be checked for accuracy, which can be easily done using the DA PAM 25-30 web page or downloaded and installed program for checking current and superseded DOD publications (For example purposes only: FM 3-0 was superseded by ADP 3-0, on …Read More