What is Article 134 of the UCMJ?
This clause of Article 134 makes punishable conduct which has a tendency to bring the service into disrepute or which tends to lower it in public esteem. Acts in violation of a local civil law or a foreign law may be punished if they are of a nature to bring discredit upon the armed forces.
Can an officer go to a special court-martial?
Commissioned officers and warrant officers may not be reduced in rank. Additionally, officers cannot be confined by a special court-martial or dismissed from the service. For that reason, officers are not typically tried by special court-martial.
What are the military rules of evidence?
The Military Rules of Evidence are a collection of rules governing the admissibility of evidence in a court-martial.
What is Article 137 of the UCMJ?
This includes an amendment to Article 137, UCMJ, which requires officers with authority to convene general or special courts-martial or to administer non-judicial punishment (NJP) to receive training on the purpose and administration of the UCMJ.
What is the punishment for Article 134?
A person convicted under Article 134 for extramarital sexual misconduct faces a maximum punishment of a dishonorable discharge, forfeiture of all pay and allowances, and confinement for 1 year.
Can adultery get you kicked out military?
Draconian military punishments for adultery. The military penalty remains pretty harsh: up to a year in confinement plus a dishonorable discharge, which entails the forfeiture of all retirement pay. But a soldier’s odds of facing such punishment are slim, at least if adultery is all they’re charged with.
Can a soldier be court martialed for losing his weapon?
The very smallest punishment for misplacing a weapon, if it’s found within a reasonable amount of time, is a “Company Grade Article 15.” That means you can lose one grade of rank, a week of pay, and two weeks of extra duty. If that’s all you lost, you got off very, very lightly.
What is the maximum punishment for a special court-martial?
The maximum punishment a special court-martial will allow is confinement for one year (only enlisted soldiers); hard labor without confinement for up to three months; forfeiture of two-thirds’ pay per month for up to one year; reduction to the lowest pay grade (enlisted members only); and a bad-conduct discharge ( …
What is malingering in the army?
Article 115 of the Uniform Code of Military Justice (UCMJ) deals with malingering. Although it’s sort of an outdated word, malingering is a serious offense in the military. It means you’re pretending to do the job you’re assigned instead of doing it.
When should Article 137 be explained?
Article 137 states these articles must be explained upon entry to active duty, after a member has completed six months of service, and at EVERY re-enlistment. Your local legal office has been given the responsibility of giving this briefing and tracking who and when members receive it.
What is Article 99 of the UCMJ?
What Is Article 99 Of The UCMJ? Misbehavior before the enemy under Article 99 of the UCMJ occurs when a service member who is in the presence of the enemy conducts a range of shameful acts ranging from running away to failing to provide relief and assistance to those engaged in combat with the enemy.
What are the conditions for a subpoena to be issued?
(1) For a Trial, Hearing, or Deposition. A subpoena may command a person to attend a trial, hearing, or deposition only as follows: (A) within 100 miles of where the person resides, is employed, or regularly transacts business in person; or (B) within the state where the person resides, is employed,…
What can a person commanded to produce in a subpoena?
A person commanded to produce documents or tangible things or to permit inspection may serve on the party or attorney designated in the subpoena a written objection to inspecting, copying, testing or sampling any or all of the materials or to inspecting the premises—or to producing electronically stored information in the form or forms requested.
What happens after a subpoena is served?
Once the subpoena has been served and the correct individual has received the document, the attorney will file what’s called a “proof of service” with their assigned court. This document details who delivered the subpoena, as well as how and when it was served.
What happens if the ALJ approves a subpoena?
If the ALJ approves the subpoena, it will be digitally signed and e-mailed back to the requester. When serving the subpoenas, you must comply with the requirements of 29 C.F.R. § 18.56 (b).