UCMJ | AskTOP.net - Leader Development for Army Professionals - Part 3


Here is a list of everything we have published about UCMJ

Can they stop my leave because I am pending UCMJ?

I am being recommended for a company grade Article 15 because I missed an appointment. I missed that appointment because i was escorting a Soldier. I feel this is a severe punishment. The last time I was counseled was May 2010. I have not been counseled monthly or annually. They also informed me that my packet was lost and I needed to resign the counseling form. They cannot backdate a counseling, am I correct? It of course is block leave for Christmas and I was told today that my leave had been pulled because I am flagged pending UCMJ action. Are they allowed to do that?.. Read the Answer»

How can I convince my chain of command to drop an Article 15?

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With the drawdown going strong, the military is looking for discriminators to ensure only Soldiers with good records can reenlist. We now have Brigade Commanders reviewing Soldier performance history to see if they should be allowed to REUP! Team, this is serious when your future is in the hands of a Colonel and not your company commander. Now more than ever, it is apparent that reenlistment is a privilege and not a right. Negative portions of your records will be reviewed with a fine tooth Read more

How can I put an end to ongoing spousal abuse?

We have a Soldier who likes to threaten his spouse. He has told her that she cannot come to the unit to talk with the chain of command about the problem. This Soldier tells the spouse that he is going to leave her and that she is trying to destroy his career. This is an ongoing problem. Both parties have been known to engage in domestic violence against one another. The non service member is afraid to move forth with charges for fear of reprisal. I know DV is a big problem. We have gotten that under control. Is there anything that can be done about the threats? What is the actual "crime committed," so to speak and what are some consequences for this service members actions?.. Read the Answer»

Is being restricted to post considered punishment?

I was recently prevented from going off post by my Chain of Command, isn't this a form of punishment?.. Read the Answer»

Can I be chaptered for two minor counseling statements?

In the past year, I have received two counseling statements for minor offenses. Other than these two incidents, I have been a great Soldier and have the monthly counselings from my first line NCO to show this. My Battery Commander is telling me that he wants to chapter me out of the Army if I receive another counseling for anything during the rest of my time here (2 months). Can he legally start the Chapter work without an Article 15 or a major offense?.. Read the Answer»

Political CANs and CANNOTs for Soldiers during a presidential election year

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Now that we are through the holiday season and charging forward towards Spring we face 2012, a presidential election year. That potentially spells problems for military personnel (active, Guard, Reserve, or retired) who want to be involved in the political process. This article is a quick reference to help you navigate the various political restrictions that apply to you as a Service Member. Restrictions on Soldiers who want to be involved with politics For a number of reasons, your ability Read more

Can I receive an Article 15 because I let my platoon play soccer for PT?

My chain of command is recommending a field grade Article 15 because I decided one Wednesday to let my platoon play some soccer for PT. I thought it would be a great morale booster for the Soldiers. Now I am being punished for that decision. How can I prove that I was just trying to build morale and platoon cohesion?.. Read the Answer»

Should leaders who lose rank be moved to another unit?

I recently received a field grade article 15. I lost rank and pay and was assigned 45 days extra duty. I was in a senior leadership position. Isn't it fair that I should be moved to another unit? It is so degrading and shameful to stay in the same unit. I think the punishment I received did not fit the crime... Read the Answer»

Soldier Decisions and Recourse during Article 15 proceedings

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What happens after the decision has been made to pursue Article 15 action? The following general advice is written primarily for Soldiers facing Article 15 punishment and leaders who have subordinates undergoing an Article 15. The focus is on Soldiers, but the same principles apply to Sailors, Marines, Airmen, and Coast Guardsmen. Soldier Decisions Soldiers may accept or not accept Article 15 as a way to dispose of misconduct charges (assuming they are not embarked in a vessel). If the Soldier Read more

Prepare DA Form 4430, DD Forms 2707, and DD Forms 2704 Class/Briefing

Class/briefing that teaches how to Prepare DA Form 4430 Department of the Army Report of Result of Trial, DD Form 2707 Confinement Order and DD Form 2704 Victim/Witness Certification and Election Concerning Prisoner Status that are required to be filled out when the trial is over.  It provides example data (Result of Trial, Confinement Order, and Victim/Witness Form) and then show examples of the forms filled in with the correct information. NOTES: Some references listed in this doc might have Read more

Writing Observation Report (OR) and Disciplinary Report (DR), and DD Form 2823 (DD2823) Reports Class/Briefing

Class/briefing that teaches how to write OR, DR, and DD Form 2823 (DD2823) sworn statement reports. It is intended to define procedures for reporting incidents properly which includes which report to use and how to fill it out. NOTE: This document is in MS PowerPoint

Military Justice Class/Briefing

Class / briefing that covers military justice. It is intended to teach how to identify the principles of military justice including criminal misconduct, jurisdiction, investigations, soldiers’ rights, search and seizure, restriction, administrative separations, non-judicial and judicial punishments, and unlawful command influence. 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 Read more