CHAPTER 2

MILITARY CONDUCT AND JUSTICE

BecausetheUnitedStatesNavy is amilitary serviceand since you are amember of the U.S. Navy, you areexpectedtobemilitary in thebest senseof theterm. Youare expected to know the traditions of the Navy, itscustoms, and its language. You should understand theorganization and mission of the Navy and the “why”behindtheNavy’s disciplineanditsdrills. Inthefront ofthis manual is the Navy Creed; if you haven’t read it,read it now. You will see the importance of yourresponsibilities and duties to your Country and to theNavy.

In this chapter, you will learn about militaryconduct, which includestheconduct expected of you ifyoushouldbecome aprisoner of war. Youwil l alsolearnabout themilitary police, thepurposeof disciplineandpunishment,andthethreesourcesthat set forththebasicdisciplinary laws for the U.S. Navy. Those sources areU.S. Navy Regulations, Standard Organization andRegulationsof the U.S. Navy, and theUniformCodeofMilitary Justice (UCMJ).

PERSONAL CONDUCT

Learning Objective: When you finish this chapter, youwill be able to—

• Identify the personal characteristics of a goodSailor.

Every Sailor in the Navy should set an example ofhigh personal and military ideals. Every Sailor shouldalways set a good example for other, perhaps younger,nonrated personnel. Remember, a good Sailor alwaysdoes the following:

• Acts in a military and seamanlike manner.

• Puts the good of the ship and the Navy beforepersonal likes and dislikes.

• Obeystherulesof military courtesy andetiquetteas well as the rules of military law.

• Demonstrates loyalty, self-control, honesty, andtruthfulness.

• Knowswhat todoinanemergencyandhowtodo

it with theleast wasteof timeandwithminimum

confusion

As aSailor, you represent the Navy. People formtheir opinions of the Navy based on your appearanceand actions. Always wear your uniform with pride.Conduct yourself in amanner that wil l reflect credit onyouand theNavy. Ineffect, youconduct the businessofpublic relationsfor theNavy. The way inwhichyousellthe Navy to civilians and the way you sell yourself toyour superiors and shipmates determines their opinionof you and of the Navy.

A good Sailor is morally responsible. That meansyouknowwhat’s right andwhat’s wrong, andyou try todo what is right. As amorally responsible person, youperform all assigned duties as correctly and timely ashumanly possiblewithout worryingabout personal gainor inconveniences.

Tosucceedinanylineof work, youmust bedevotedto duty and be able to take orders. Shipboard lif e is soexacting that a team of members must do many tasks;oneperson alonecannot do them. In battleor in solvingabattleproblem, all personnel must work as ateam; andit doesn’t make any difference whether the teamconsists of a few or many members.

The Navy isn’t the place for the immatureself-seeker whoputsforthhis/her best effortsonly whensomepersonal advantageistobe gained.Also, theNavydoesn’t have room for the resentful, hardheaded,self-important person who can’t take an order. Rulesand regulations serve as guides for daily living and, iffollowed by all, make lif emorepleasant and easier forall hands.

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I pledgeallegianceto theflagof theUnitedStatesof America, andto theRepublic forwhich it stands, one nation under God, indivisible, with liberty and justice for all.

THE CODE OF CONDUCT

LearningObjective:Whenyou finish thischapter, you

will be able to—

• Recognizetheresponsibilitiesstated in articlesI

through VI of theCodeof Conduct for members

of the Armed Forces of the United States.

Because of the conduct of a few Americans duringthe Korean conflict, President Dwight D. Eisenhowerprescribed a Code of Conduct for members of thearmed forces in 1955. That code provides Americanmilitary personnel with a standard of conduct shouldthey be captured by an enemy. It provides a frameworkof ideals and ethical standards that will help personnelresist the physical, mental, and moral onslaughts oftheir captor.

Many Americans have been prisoners of war(POWs), and theyall agreethat lif eas aPOWishard. Afew POWs were unprepared or lacked the ability tomaintain their faith and loyalty under extremepressure.Theenemy broke their will , and they gaveinformationand/or acted in a way that hurt their country and theirfellow prisoners.

If you ever become aPOW, don’t make up stories;your interrogator wil l eventually catch on and couldresort to harsher methods to try to gain information. Asimpler, “ I don’t know,” is abetter answer. Your captorswil l use many methods to gain information. They willtry to get prisoners to collaborate by torturing them orby trying to turn prisonersagainst each other. Althoughforbiddenby theGenevaConvention,history hasshownthat somecaptorshaveresorted to physical and mentalforms of torture to get the information they want.Maintainyour faith inyour God, your country, andyourfellow prisoners.

Remember the first sentence of the first article oftheCodeof Conduct, “ I amanAmerican, fighting in theforceswhich guard my country…” If you liveup to thatprinciple, you don’t ever have to worry about aninvestigation concerning your behavior. You won’t livethe rest of your lif e knowing that something you saidharmed your fellow prisoners, comrades in arms, oryour country and its allies.

In1988, President RonaldReaganissuedExecutiveOrder 12633, amending the Code of Conduct to usegender-neutral language. First expressed in writtenform in 1955, the Code is based on time-honoredconcepts and tradition that date back to the days of theAmerican Revolution. The six articles of the Code ofConduct are as follows:

ARTICLE I

I am an American, fighting in the forces whichguard my country and our way of life. I am prepared togive my life in their defense.

ARTICLE II

I wil l never surrender of my own free will . If incommand I wil l never surrender the members of mycommand while they still have the means to resist.

ARTICLE III

If I amcaptured I wil l continuetoresist by all meansavailable. I wil l make every effort to escape and aidothersto escape. I wil l accept neither parolenor specialfavors from the enemy.

ARTICLE IV

If I become aprisoner of war, I wil l keep faith withmy fellow prisoners. I wil l give no information or takepart in any action which might be harmful to mycomrades. If I am senior, I wil l takecommand. If not, Iwil l obey the lawful ordersof thoseappointed over meand will back them up in every way.

ARTICLE V

When questioned, should I become aprisoner ofwar, I am required to give name, rank, service numberand date of birth. I will evade answering furtherquestionstotheutmost of my ability. I wil l makenooralor written statements disloyal to my country and itsallies or harmful to their cause.

ARTICLE VI

I wil l never forget that I am an American, fightingfor freedom, responsible for my actions, and dedicated

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Student Notes:

to the principles which made my country free. I willtrust in my God and in the United States of America.

REVIEW 1 QUESTIONS

Q1. List the three sources that contain the basicdisciplinary laws for the U.S. Navy.

a.

b.

c.

Q2. What isoneof themost important characteristicsof a good Sailor?

Q3. For youtosucceed inyour work in theNavy, youshould possess what quality?

Q4. Why was the Code of Conduct established?

Q5. What total number of articles are there in theCode of Conduct?

Q6. When questioned under article V, what is theonly information you are allowed to give?

MILI TARY POLICE

Learning Objectives: When you finish this chapter,you will be able to—

• Recognize the authority of the militarypolice/shore patrol.

• Ident i fy the funct ions of the mil i tary

police/shore patrol.

Al l branches of the armed forces assign personnelto duties as military police. In the Ai r Force, they arecalledsecurity police; in the Army and Marine Corps,they are calledmilitary police (MP); and in the Navy,they are called shore patrol (SP). The shore patrolconsistsof off icersand petty off icersassigned to assistmilitary personnel ashore. They are identified byarmbands bearing the lettersSP.

In areaswhereunitsof different armed servicesarelocated, the military police may be combined to formoneunit instead of a separateunit for each service. Thissingle unit is known as anArmed Forces PoliceDetachment(AFPD), and all membersareidentified bybrassards (armbands) with the lettersAFPD. Theprimary dutiesof AFPD areto assist military personnelashore, maintain good order and discipline amongmilitary personnel, and report conditions or practicesthat appear prejudicial to the welfare of militarypersonnel. They have authority to stop, question,apprehend, or take into custody any member of thearmed forces.

When asked to do so by the military police, youmust show your ID card, leaveauthorization, and thelike. Youmust obeyanyordersgivenyouby themilitarypolice.

Someremindersarelistedherefor youtoobserveinany dealings with the military police or shore patrol.(For the remainder of our discussion,patrol is used toinclude all armed forces police.)

1. Obey the orders of the patrol.

2. Don’t become argumentative if the patrol isquestioning you. The patrol will rightfullyquestion you if you are out of uniform, appeardrunk, or act in a suspicious manner.

3. Never interfere with the members of the patrolin theperformanceof their duty. If you are in aplace where a fight has begun or is about todevelopand thepatrol ordersyou to leave, dosowithout protest.

Don’t feel that the patrol is trying to harass you.You won’t have to prove who you are or verify that

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Student Notes:

you’re entitled to be ashore every time you see a patrol.The patrol will stop you only when you appear to be in,or to be headed for, some kind of trouble or if youarouse their suspicions in some other manner. Themilitary patrol can be a real friend in time of need. Thepatrol’s orders are to be courteous, fair, and reasonablein all dealings with members of the armed forces andwith civilians.

Whenever you are away from your ship or stationand need advice, directions, or help of any kind, call onthe nearest military patrolman or patrol headquarters.

Aboard ships and stations, masters-at-arms(MAAs) andpolicepetty off icershavefunctionssimilarto those of the shore patrol. The master-at-arms force,headed by the chief master-at-arms (CMAA), worksdirectly for the executive off icer. The master-at-armsforce enforces Navy and ship regulations, mustersrestricted personnel, holds reveille, and performsotherdutiesasarerequired for themaintenanceof goodorderand discipline.

Thedutiesof policepetty off icers(PPOs) areaboutthe same as those of MAAs, but are on a divisionalinstead of a shipwidebasis. Although PPOsstand theirregular watchesand perform their normal dutieswithintheir divisions, theyareassigned additional dutiessuchasmaking reveilleand taps, ensuring compartmentsarecleaned, and maintaining order. At timestheyassist theMAA force in searching theship, and providing bunksfor new personnel or passengers.

REVIEW 2 QUESTIONS

Q1. In the Navy, the military police are known asthe—

Q2. Shore patrol personnel are identified by—

Q3. When military policefrom different branchesofthearmed forcescombineto form oneunit, theyare known as—

Q4. List the primary duties of the shore patrol.

a.

b.

c.

PURPOSE OF DISCIPLINE

LearningObjective:Whenyou finish thischapter, youwill be able to—

• Recall the purpose of good order and militarydiscipline.

The word discipline comes from a Latin wordmeaning “to teach.” However, discipline involves acertain type of teaching. Discipline is not peculiar tomilitary organizations. Discipline is the training thatdevelopsself-control, character, andeff iciency,or istheresult of such training.Discipline is a characterbuilder, not a destroyer of individuality .

TheNavy’s disciplineconsistsof trainingitsSailorsto behavein certain ways under certain circumstances.It getsthem to work as aunit with maximum eff iciency.To encourageSailors to work as aunit, theNavy usesasystemof motivationandcorrectionthroughrewardandpunishment. Studious Navy men and women, whenrecommended by their commanding officers, arerewarded by timely promotions; lazy or carelessindividuals suffer a self-inflicted punishment bymissing out on those promotions. Fines, restriction,confinement, demotion, andother formsof disciplinaryaction punish Sailorswho get into troublebecausetheyare negligent or indifferent.

The signs of discipline are shown in smart salutes,proper wearing of the uniform, prompt and correctaction in any emergency, and in battle eff iciency thatbrings victory in wars (fig. 2-1). Discipline, obviously,is indispensable to a military organization. Without italmost any effort would be defeated by lack oforganization.

Thepurposeof disciplinein themilitary servicesisto bring about an eff icient military organization—abody of human beings trained and controlled for

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Student Notes:

concerted action for the attainment of a common goal.Each individual understands how to fit into theorganization as awhole. The members understand oneanother through the sharing of common knowledge.Theyarebound together by aunity of wil l and interestexpressed by their willingness to follow and obey theirleader. A groupsoorganizediseffective,not only for thespecific purpose intended, but also for an emergency.Thus, agun crewmay bereadily converted into arepairparty for carrying out any essential job within itscapabilities; a company of midshipmen may be turnedinto a fire-fighting organization. A well-disciplinednaval unit respondsautomatically to an emergency andis not subject to panic.

PUNISHMENT

LearningObjective:Whenyou finish thischapter, youwill be able to—

• Recall the Navy’s concept of punishment.

Based on the Navy’s concept, punishment is notpersonal, vindictive, or inflicted as revenge formisconduct.TheNavy realizespunishment cannot rightthewrong resulting from an act of dereliction (failure).The value of punishment is the object lesson thepunishment teaches the wrongdoer and others—theoffensemust not berepeated. That concept isreferredtoas the deterrent theory of punishment.

To accomplish its purpose, punishment must beconsistent and just and must be recognized as such bythe recipients and their shipmates. Punishment shouldneither beof such anaturethat it lowersself-esteem,norshould it be so severe that it is out of proportion to theoffense. Recipients of Navy punishment should keeptwo facts in mind:

1. Personnel are punished only as aresult of theirmisbehavior, and

2. Theywil l not bepunished again if they learn toconform to Navy standards of conduct.

The administration of punishment is not personal;therefore, those who administer it should be shown nomalice (hate). They are carrying out their duties asrequired byNavy Regulations.

REVIEW 3 QUESTIONS

Q1. What method does the Navy use to help Sailorswork as a unit with maximum eff iciency?

Q2. What isthepurposeof disciplineinthemilitary?

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Student Notes:

Figure 2-1.—The results of discipline are shown in prompt and correct action in an emergency,

and especially in battle efficiency.

Q3. What theory of punishment does the Navy use?

Q4. What two things should a recipient of Navypunishment remember?

a.

b.

REGULATIONS TH AT GOVERN THEU.S. NAVY

Learning Objectives: When you finish this chapter,you will be able to—

• Recall variouspartsof theNavy RegulationsandUniform Code of Military Justice(UCMJ)articles.

• Identify types of courts-martial, purpose of thereport of offense, and theprocedures for redressof grievance.

Figure 2-2 shows the three off icial sources that setforth the basic disciplinary laws for the Navy. Thesesources are theUniform Code of Military Justice(UCMJ) (contained in theManual for Courts-Martial,1995 Edition), United States Navy Regulations(commonly calledNavy Regs), and theStandardOrganization and Regulations of the U.S. Navy.

You probably haveheard thesaying: “Ignoranceofthelawisno excuse.” Thisis atruesaying. If it weren’t,personnel could excuse their misconduct merely bysaying they didn’t know there was a law against it.When you entered the Navy, you agreed to live by theNavy’s laws and regulations. However, you do needtime to learn all the rules you must obey. You shouldmake every effort to learn them as soon as possible toavoid embarrassing situations.

TheU.S.NavyRegulationsyoumust learnabout arediscussed first. Then the Standard Organization andRegulations of the U.S. Navyand theUCMJ arediscussed.

U.S. NAVY REGUL ATIONS

The articles published inUnited States NavyRegulationsdescribe the principal parts of theDepartment of theNavy. Theyalso describe theduties,authority, and responsibilities of some of the off iceswithin the Department of the Navy, such as theSecretary of the Navy, the Chief of Naval Operations,and the commanding officer. You will find theregulations concerning the honors and ceremoniesgiven to civilian and military off icials of the UnitedStates and foreign governments in theNavy Regs.

U.S. Navy Regulationsdescribe the rights andresponsibilities of all Navy members. As you becomemore familiar with theregulationsthat governtheNavy,you can see that they are written to protect you and toprovide guidance affecting your day-to-day routine.

The Chief of Naval Operations is responsible forensuring the U.S. Navy Regulations conform to thecurrent needsof theDepartment of theNavy. U.S. NavyRegulationsand changes to it are issued by theSecretary of the Navy after being approved by thePresident of the United States.

Summaries and Excerpts from NavyRegulations

This section lists articles (with a condensation oftheir text, if appropriate) fromUnited States NavyRegulations, 1990,that all personnel in theNavy shouldknow.Thislistingservesonly as astartingplacefor youto learn about Navy regulations.You are responsiblefor learning and obeying all regulations. These

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Student Notes:

Figure 2-2.—Three official sources for basic disciplinary laws.

regulations are not punitive articles, but laws underwhich the Navy operates. Many exist for your ownprotection. Failure to obey any regulation subjects theoffender to charges under article92,UCMJ (Failure toobey an order or a regulation).

The first two digits of the article number indicatethechapter of NavyRegsfromwhichthearticleistaken.If thearticle isself-explanatory, no further explanationis given; the article wil l be shown in block quotationexactly asstated in Navy Regs. Articlesthat arelengthyand, in some cases, diff icult to interpret, have beenparaphrased (rewritten) to give you abrief overviewofwhat thearticlecontains. Remember that in Navy Regs,the wordshe,his, or himrefersto both men and womenNavy Sailors.

0818. Publishing and Posting Orders andRegulations

1. In accordance with Article 137 of theUniform Code of Militar y Justice, the articlesspecifically enumerated therein shall becarefully explained to each enlisted person:

a) At the time of entrance on activeduty or within six days thereafter;

b) Again, after completion of sixmonths active duty; and

c) Again, upon the occasion of eachreenlistment.

2. A text of the articles specificallyenumerated inArticle137of theUniformCodeof Military Justice shall be posted in aconspicuousplaceor places, readily accessibleto all personnel of the command.

3. Instructions concerning the UniformCode of Military Justice and appropriatearticles of Navy Regulationsshall be includedin the training and educational program of thecommand.

4. Such general orders, orders fromhigher authority, and other matters which thecommandingoff icer considersof interest to thepersonnel or profitable for them to know shallbe published to the command as soon aspracticable. Such matters shall also be posted,

in whole or in part, in a conspicuous place orplaces readily accessible to personnel of thecommand.

5. Upon the request of any person onactiveduty in thearmedservices, thefollowingpublications shall be made available for thatperson’s personal examination:

a) A complete text of theUniformCode of Military Justice;

b) Manual for Courts-Martial;

c) Navy Regulations;

d) Manual of the Judge AdvocateGeneral;

e) Marine Corps Manual (for MarineCorps personnel); and

f) Naval Militar y Personnel Manual(for Navy personnel) orMarineCorps Personnel Manual(forMarine Corps personnel).

0917. Dealings With Foreigners

When in foreign ports, officers and enlistedpersonnel should respect local laws, customs,ceremonies, and regulations; display courtesy andmoderation; and cultivate a feeling of good wil l andmutual respect.

1001. Officers of the Naval Service

Officersof theUnited Statesnaval serviceshall beknownasoff icersin theline, off icersinthe staff corps, chief warrant officers andwarrant off icers.

1002. Precedence of Officers

This article discusses the precedence of off icers.

1003. Relative Rank and Precedence ofOfficers of Different Services

This article explains the relative rank of grades ofoff icers of the Army, Ai r Force, Marine Corps, Navy,Coast Guard, andmembersof theNational Oceanicand

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Student Notes:

AtmosphericAdministrationandPublicHealthServiceserving with the military.

1010. Manner of Addressing Officers

This article describes the proper manner ofaddressing off icers orally and in writing.

1020. Exercise of Authority

Al l persons in the naval service on activeservice, and those on the retired list with pay,and transferred members of the Fleet Reserveand the Fleet Marine Corps Reserve, are at alltimes subject to naval authority. While onactive service they may, if not on leave ofabsence…, on the sick list, taken into custody,under arrest, suspended from duty, inconfinement or otherwise incapable ofdischargingtheir duties, exerciseauthority overall persons who are subordinate to them.

1021. Authority O ver Subordinates

Thisarticlegivesoff icerstheauthority necessary toperform their duties.

1022. Delegation of Authority

Although you may delegateauthority, that doesnotrelieveyou of being responsible. You must make surethedelegated authority isproperly exercised and ordersand instructions are properly executed.

1023. Abuse of Authority

Persons in authority are forbidden to injure theirsubordinatesby tyrannical or capriciousconduct, or byabusive language.

1024. Contradictory and Conflicting Orders

If an enlisted person in the naval servicereceives an order, which annuls, suspends ormodifies one received from another superior,he or she shall immediately represent the factsto the superior from whom the last order wasreceived. If, after such representation, thesuperior fromwhomthelast order wasreceived

should insist upon the executionof that order, itshall be obeyed. The person receiving andexecuting such order shall report thecircumstances as soon as practicable to thesuperior from whom the original order wasreceived.

1025. Authority of an Of ficer in Command

Anoff icer incommand,either of thelineor of astaffcorps, has authority over all off icers and other personsattached to the command, whatever their rank andwhether they are of the line or of a staff corps.

1033. Authority in a Boat

This article provides the senior line officer eligiblefor command at sea the authority over all personsembarked in a boat. It also delegates to the officer theresponsibility for the safety and management of the boat.

1034. Authority and Responsibility of a SeniorOfficer Under Certain Circumstances

Thisarticlegivesthesenior personpresent,whetheran off icer or an enlisted person, the authority to takenecessary action during ariot, aquarrel between navalservicemembers,or circumstancesnot coveredby theseregulations.

1037. Authority of Warrant Of ficers,Noncommissioned Officers and Petty Officers

Chief warrant off icers, warrant off icers,noncommissioned off icers and petty off icersshall have, under their superiors, all necessaryauthority for the proper performance of theirduties, and they shall be obeyed accordingly.

1038. Authority of a Sentry

A sentry, within the limits stated in his orher orders, hasauthority over all personson hisor her post.

1052. Orders to Active Service

You may not be ordered to active service withoutpermission of the Chief of Naval Personnel.

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Student Notes:

1064. Detail of Enlisted Persons for CertainDuties

Petty off icers wil l not be detailed to perform messduties, except when nonrated persons are unavailable.

1101. Demand for Court Martial

Except as otherwise provided in theUniformCodeof Militar y Justice, no person inthe naval service may demand acourt martialeither on him- or herself or on any other personin the naval service.

1102. Limitations on Certain Punishments

Instruments of restraint, such as handcuffs,chains, irons and straitjackets, shall not beapplied as punishment. Other instruments ofrestraint may not be used except for safe custodyand no longer than is strictly necessary….

The punishments of extra duties and hardlabor without confinement are not performedon Sunday, although Sunday counts in thecomputation of the period for which suchpunishments are imposed.

Guard duty shall not be inflicted aspunishment.

1104. Tr eatment and Release of Prisoners

Persons in confinement must not be subjected tocruel or unusual treatment. Theymust bevisitedat leastonce every 4 hours to check on their condition and tocare for their needs. In the event of an emergency, theymay be removed to a safe area or released within thelimits of the command. No greater force than thatrequired to restrain or to confinean offender should beusedtotakeintocustody apersonunder theinfluenceofalcohol, marijuana, narcotic substances, or othercontrolled substances.

1105. Places of Confinement

Prisoners must be confined only in brigs or otherfacilities designated as naval places of confinement bythe Secretary of the Navy. In case of necessarytemporary confinement, the senior off icer present may

authorizeconfinement in spaces that providesuff icientsecurity, safety for both prisoner and guards, andadequate living conditions.

Persons under the influence of alcohol or otherdrugsshouldnot beconfinedinanyplaceor manner thatmay be dangerous to them in their condition.

1110. Standards of Conduct

Al l Department of theNavy personnel areexpected to conduct themselves in accordancewith the highest standards of personal andprofessional integrity and ethics. At aminimum, all personnel shall comply withdirectives issued by the Secretary of Defenseand the Secretary of the Navy regarding theStandardsof Conduct andGovernment Ethics.

1111. Pecuniary Dealings with EnlistedPersons

No officer should have any dealings involvingmoneywith enlisted persons except asmay berequiredin theperformanceof theoff icer’s dutiesor asinvolvedin the sale of personal property. An off icer may bedesignatedby superior authority toaccept depositsfromenlistedpersonnel for thepurposeof safeguardingthosefunds under emergency or operational situations.

1112. Lending Money and Engaging in a Tradeor Business

Naval personnel must not lend money to anothermember of thearmed servicesat an interest rate, for theperiod of the loan, that exceeds 18 percent simpleinterest per year. Personnel may not act as asalespersonor an agent or engage in a business on board withoutpermission of the commanding off icer.

1113. Endorsement of Commercial Product orProcess

Except as necessary during contractadministration to determine specification orother compliance, no person in theDepartmentof theNavy, in hisor her off icial capacity, shallendorse or express an opinion of approval ordisapproval of any commercial product orprocess.

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Student Notes:

1115. Report of Fraud

Any suspicions of fraud, collusion, or improperconduct in matters concerning supplies and repairsshould be reported to the proper authority.

1121. Disclosure, Publication and Security ofOfficial In formation

Naval personnel may not make speeches or writeanything that might disclose information of interest toforeign countriesor that would aid personswith claimsagainst the United States. If naval personnel publisharticles on Navy, political, or international subjects,theymust statetheviewsaretheirsand not thoseof theNavy. When such articlesareaccepted for publication,personnel must forward acompletecopy of each articleto the Secretary of the Navy.

1122. Adverse Matter in Officer FitnessReports and Enlisted Performance EvaluationReports

Information of an adverse nature should not beentered in the record of a person of the naval serviceunless themember was first afforded an opportunity tosubmit awrittenstatement regarding thematter. Certainmedical and dental entries are excepted.

1125. Inspection of the Record of a Person inthe Naval Service

Therecord of a person in thenaval servicewhich is maintained by the Chief of NavalPersonnel or the Commandant of the MarineCorps shall be available for inspection by thepersonor aduly authorizedagent,designatedassuch in writing by the person.

1126. Correction of Naval Records

Any military record in the Department oftheNavy may becorrected by theSecretary ofthe Navy, acting through the Board forCorrection of Naval Records, when theSecretary considers that such action should betakeninorder tocorrect anerror or toremoveaninjustice.

Applications for correctionsmay bemadeonly after exhaustionof all other administrativeremedies afforded by law or regulation.

1127. Control of Official Records

No person, without proper authority, shallwithdraw off icial records or correspondencefrom the files, or destroy them, or withholdthem from those persons authorized to haveaccess to them.

1129. Records of Fitness

Records of f itness reflect each off icer and enlistedperson’s fitness for service and fitness for theperformance of duties. These records are used todetermine promotions and duty assignments.

1132. Compliance with Lawful Orders

All persons in the naval service are requiredto obey readily and strictly, and to executepromptly, the lawful orders of their superiors.

1133. Language Reflecting on a Superior

No person in the naval service shall uselanguage that may tend to diminish theconfidence in or respect due to his or hersuperior off icer.

1134. Exchange of Duty

An assigned duty may not bechanged with anotherperson (such as trading watches) without permissionfrom proper authority.

1135. Relations with Foreign Nations

Naval service members must conform tointernational law and precedents set by the UnitedStates in its relations with foreign nations.

1136. Foreign Religious Institutions

Navy personnel visiting foreign nations mustrespect that country’s religious institutions andcustoms.

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Student Notes:

1137. Obligation to Report Offenses

Persons in thenaval serviceshall report as

soon as possible to superior authority all

offenses under the Uniform Code of Military

Justice which come under their observation,

except when such persons are themselves

already criminally involved in such offensesat

the time such offenses first come under their

observation.

Youshould report all offensesunder theUCMJthatyou see to the proper authority unless reporting theoffense would incriminate yourself. This is known asself-incrimination.

1138. Responsibilities Concerning Marijuana,Narcotics and Other Controlled Substances

Personnel may not bring on board any navalactivity, or have in their possession at any time,marijuana, narcotics, or any controlled substances.

1140. Capture by an Enemy

A person in thenaval servicewho iscapturedby theenemy is required to give name, grade or rate, servicenumber, and date of birth. That person wil l make nostatement disloyal to, critical of, or harmful to theUnited States or its allies.

1142. Unavoidable Separation from aCommand

Persons who become separated from their ship,station, or unit by shipwreck, disaster, or otherunavoidable happening, should proceed to the nearestU.S. military activity as soon as possible.

1143. Report of a Communicable Disease

Personnel should report any suspicions ofcommunicable disease to their medical representative.

1144. Immunization

Personnel must take the immunizations prescribedfor them as scheduled.

1145. Service Examinations

No persons in the Navy, without proper authority,should haveor attempt to havein their possession, anyexamination papers, any part or copy thereof, or anyexamination answer sheets. Theyalso must not obtain,sell, publish, give, purchase, receive, or reproduce anyof these examination products.

1150. Redress of Wrong Committed by aSuperior

A person who believes a superior has wrongedhim/her or is guilty of misconduct should submit acomplaint to his/her commanding off icer.

1151. Direct Communication with theCommanding Officer

Theright of anyperson in thenaval serviceto communicate with the commanding off icerin a proper manner, and at a proper time andplace, shall not be denied or restricted.

1152. Suggestions for Imp rovement

Any person in theNavy may submit suggestionsorconstructive criticism about eff iciency or economicalmethods of administration or management within theDepartment of the Navy. Suggestions or criticismshould be submitted to the Secretary of the Navythrough the chain of command.

1154. Communications to the Congress

Personnel may not, in their official capacity, apply toCongress for congressional action of any kind or provideinformation requested by Congress. The only exceptionto this regulation is such communication as authorized bythe Secretary of the Navy or as provided by law.

1155. Dealings with Members of Congress

Al l persons may write to their congressmen in apersonal or private capacity on any subject as long asthey do not violate security regulations or the law.

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Student Notes:

1156. Forwarding Ind ividual Requests

Requests from persons in the naval service

shall be acted upon promptly. When addressed

to higher authority, requests shall be forwarded

without delay. The reason should be stated when

a request is not approved or recommended.

1157. Leave and Liberty

Leave and liberty wil l be granted to the

maximum extent practicable.

1159. Possession of Weapons

Personnel may not haveany weaponsor explosivesin their possession without proper authority.

1160. Possession of Government Property

Personnel shall not possess, without

permission, any property of the United States

except what is needed in the performance of

their duty.

1162. Alcoholic Beverages

Thepersonal possessionof anyalcoholicbeveragesaboardanyshipisprohibited.Thetransportationaboardship of alcoholic beverages for personal use ashore isauthorized subject to the discretion of and underregulations established by the commanding off icer.

1164. Equal Opportunity and Tr eatment

All persons in the Department of the Navyregardlessof their race, color, religion, sex, or nationalorigin, consistent with requirements for physicalcapabilities, wil l be afforded equal opportunity andtreatment.

1165. Fraternization Prohibited

No person in the Navy is to enter a personalrelationship that is unduly familiar, does not respectdifferencesin rank, and isprejudicial to good order anddiscipline.

1166. Sexual Harassment

Do not makeoffensive verbal comments, gestures,or physical contact in the work environment. Donot useimplicit or explicit sexual behavior to control otherpersonnel.

1167. Supremacist Activities

No person in the Naval service shallparticipate in any organization that espousessupremacist causes; attempts to create ill egaldiscrimination based on race, creed, color, sex,religion,or national origin; advocatestheuseofforceor violenceagainst thegovernment of theUnited States or the government of any state,territory, district, or possession thereof, or thegovernment of any subdivision therein; orotherwise engages in efforts to depriveindividuals of their civil rights.

STANDARD ORGANIZATION ANDREGULATIONS OF THE U.S. NAVY

TheStandard Organization and Regulationsof theU.S. Navy, OPNAVINST 3120.32, providesregulationsand guidancegoverning theconduct of all members ofthe Navy. This instruction specifies duties andresponsibi l i t ies of personnel wi thin a uni torganization—from the commanding off icer down tothe messenger of the watch.

Naval personnel who fail to comply withregulations may be awarded punishment based on theUniform Code of Military Justice (UCMJ). Manyregulations are printed on large posters and posted inconspicuous locations aboard naval units.

Excerpts from theStandard Organization andRegulations of the U.S. Navy

Thissectioncontainssomeof thearticlescontainedin chapter 5, “Regulations,” of the OPNAVINST3120.32. Self-explanatory articles are shown in blockquotation exactly as stated in the OPNAVINST3120.32. Sections that are lengthy or difficult tointerpret areparaphrased to briefly explain thecontentsof the regulation.

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Student Notes:

510.5 Armed Forces Identification Cards andLeave Papers

No person without proper authority shall:

a. Havein his/her possession more thanone properly val idated Armed Forcesidentification card.

b. Depart on liberty without his/her ownproperly validated identificationcard; or, in thecase of leave, without his/her own properlyvalidated leave papers and identification card.

c. Have in his/her possession a false orunauthorized identification card; or amutilated, erased, altered, or not properlyval idated ident i f icat ion card; or anidentification card bearing false or inaccurateinformation concerning aname, grade, servicenumber, or date of birth.

d. Return from leavewithout depositinghis/her leavepapers with the proper authority.Any person returning without an identificationcardshall report thelosstotheOOD inperson.

510.14 Customs

Upon arrival of a naval unit in UnitedStatesterritory after visiting aforeign port, it issubject to customs and other inspections byFederal authorities.

a. On such occasions, customsdeclarations wil l be distributed to all hands insuff icient time to be filled out and returnedbefore arrival in port.

b. It shall be the duty of all personnel toaccurately completecustomsdeclarationspriorto arrival in port.

c. No person, without permission fromthe commanding off icer, shall bring on boardany article, animal, or any other thing, theintroduction of which into U.S. territory isforbidden or restr icted under currentregulations.

510.16 Divine Services

Accessible and appropriate space shall be

provided for divine services. No person shall

conduct himself/herself in amanner that would

interfere with properly authorized divine

services.

510.18 Emergency Equipment

No person shall use emergency equipment

for any purpose other than that for which it is

intended. Emergency equipment includes items

such as battle lanterns, emergency first aid

boxes, shoring, wrenches, life rings, equipment

in life rafts and boats, portable fire pumps, fire

hoses, and fuel for emergency machinery.

510.21 Government Property

No person shall:

a. Conceal or fail to report to properauthority the loss, removal, destruction, ordamage of government property entrusted tohis/her care or custody.

b. Removewithout proper authority fromitsregular placeof stowageor location, for anypurpose whatever, any article of governmentproperty, including hull and damage controlfittings, first aid equipment, lif e saving andemergency equipment, and stores andfoodstuffs.

c. Havein his/her possession any articleof government property except as may benecessary for the performance of his/her dutyor as may be authorized by proper authority.

510.27. Intoxicated Persons

a. Theoff icer of thedeck or thecommandduty off icer shall ensurethat themedical off iceror a qualified representative shall promptlyexamineall personswho return on board in anintoxicated condition, or found on boardintoxicated.

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Student Notes:

b. When restraint is imposed on anindividual, it should be in such a manner as toaccomplish the desired degree of restraint with aminimum of force. Attachment of an individualto a fixed or immovable object should only beauthorized when all else fails, and then acontinuous guard should be posted with specificinstructions to care for the welfare of the personunder restraint in the event of an emergency.

510.34 Motor Vehicles

a. No person shal l operate aGovernment-owned motor vehicle assigned toanaval unit unlessspecifically designated todosoby thecommandingoff icer,andthenonly foroff icial unit business.

b. Mil i tary personnel operatingGovernment-owned motor vehicles shallcomply with all post, station, local, state, andfederal directives. U.S. Government operator’spermit is not required for vehicles under one ton.

c. All persons operating Government-owned motor vehicles assigned to anaval unitshall obtain thepermission of theOOD beforedriving away from the unit and shall report totheOOD upon return.

510.35 Working Stocks of Narcotics

All narcotics and other controlledsubstances authorized for medical purposesshall be in thecustody of themedical or dentaloff icer.Nooneshall haveaccesstothismaterialexcept as prescribed by these off icers or thecommanding off icer.

a. The medical and dental off icers shallsupervise in person all receipts and issues ofnarcotics and other controlled substances intheir custody and shall keep proper records ofall transactions to ensure strict accountabilityand detect losses promptly.

b. With the exception of medical anddental officers, no person shall prescribe oradminister any narcotics or other controlled

substances, either to oneself or to anotherperson, except to aid the injured during action oremergencies. The medical and dental officersmay authorize certain hospital corpsmen anddental technicians to administer narcotics andcontrolled drugs to patients in sick bay per themedical and dental officer’s prescription.

c. In units to which no medical off icer isattached, all narcotics and dangerous drugsshall be in the custody of the controlledsubstances custodian, except small quantitiesof necessary narcoticsanddangerousdrugsthatmay beissued to theleading petty off icer in themedical department. The narcotics anddangerous drugs shal l be kept in athree-combination safe or, if this is notpossible, under lock and key.Al l transactionsbetween the bulk custodian and medicaldepartment representative shall be receiptedfor. Issues from the working stock in the sickbay shall becovered by prescription. Narcoticsand dangerous drugs shall be inventoriedmonthly by a special inventory board….

510.44 Photographic Equipment

No person shall:

a. Possess or introduce on board anavalunit any camera or other photographicequipment capableof exposing aphotographicplate or film without permission of thecommanding officer or author izedrepresentative.

b. Makephotographsof anaval unit or itsequipment, or of objectsfrom theunit, withoutpermission of the commanding officer, andthen only of the objects for which permissionwas specifically given.

c. While on watch or duty as asentry ormember of a patrol, knowingly permit theintroduction of any camera or photographicequipment on board a naval unit unless suchequipment is authorized by the commandingoff icer or authorized representative.

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Student Notes:

UNIFORM CODE OF MILI TARY JUSTICE

Until 1951, the various branches of our armedforces operated under different military codes. TheArmy’s Articles of War guided the administration ofdiscipline and legal processes of the Army and AirForce. The Navy was guided by the Articles for theGovernment of theNavy(“Rocksand Shoals”), and theCoast Guard, by the Disciplinary Laws of the CoastGuard. Not surprisingly, anact consideredanoffenseinthe eyes of the Navy might not havebeen judged so intheArmy. Even if anact was abreachof disciplineinallbranches of the armed forces, the type of trial andseverity of punishment awarded varied.

A standardized code of military justice wasrecognized as a logical and necessary unificationmeasure. Secretary of Defense, James Forrestal,appointed an interservice committee to study themeasure. After an intensive study, the committeedrafted what is now known as the Uniform Code ofMilitar y Justice (UCMJ). The UCMJ was passed byCongress on 5 May 1950, signed into law by thePresident, and became effective 31 May 1951.

The Manual for Courts-Martial, United States,1951 (MCM), consolidated and standardized militarylegal procedures. Effective 31 May 1951, thesamedateas the originalUCMJ, the MCM became the newstandardof military justice. Casedecisionsof theCourtof Military Appeals and changes in courts-martialprocedureshavemadenecessary several changesto theoriginal manual. The current edition is theManual forCourts-Martial, 1995 Edition.

Congress and the Navy havetaken steps to ensureyou wil l know the disciplinary laws and regulationsmost likely to affect your daily life. Article 137 of theUCMJ states that certain articles of the Code must beexplained carefully to every enlisted person at certainintervals. They must be explained—

• at the time the person enters on active duty,

• after 6 months of active duty, and

• when the person reenlists.

In general, these articles concern the followingtopics:

Navy Regulationssupplements article 137 of theUCMJ by requiring each command to post the text ofthose articles in the preceding list in a conspicuousplace. Navy Regsalso requires each command toinclude these and other appropriate articles of NavyRegulationsin the command’s training and educationprogram. Copiesof thecompleteUCMJ (140 articles),Navy Regulations, and other general orders areavailable to any person who wants to read them.

Excerpts from theUniform Code of MilitaryJustice

The purpose of this section is not to make you anexpert on theUniformCodeof Militar y Justice(UCMJ)but to give you an overview of each of the articles

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Student Notes:

Articl e Subject

2 Persons subject to the Code

3 Jurisdiction to try certain persons eventhough they have been separated fromthe service

7-14 Apprehension and restraint

15 Nonjudicial punishment (captain’smast)

25 Membership of courts-martial

27 Detail of trial and defense counsel

31 Compulsory self-incriminationprohibited

37 Unlawful influence on the court

38 Duties of counsel

55 Certain cruel and unusual punishmentsprohibited

77-134 Punitive articles

137 Articles that must be explained

138 Complaints of wrongs

139 Payment for injury or loss of property

prescribed by article 137. Those articles that areself-explanatory areshown in block quotation asstatedin theUCMJ; no further explanation is given. Some ofthemorelengthyarticleshavebeenshortenedtopresentonly portionsof thesearticles. Articles that are lengthyand, insomecases, diff icult to interpret areparaphrased(rewritten) to give you a brief overview of what thearticle contains.

NOTE

In this section of the chapter, the words“he,” “his,” and “him” do not indicate genderand are used for economy of communication.

Art. 2. Persons Subject to this Code

The following persons are subject to thiscode:

(1) Members of a regular component ofthe armed forces, including those awaitingdischarge after expiration of their terms ofenlistment; volunteers from the time of theirmuster or acceptance into the armed forces;inductees from the time of their actualinduction into the armed forces; and otherpersons lawfully called or ordered into, or toduty inor for training in, thearmedforces, fromthedateswhentheyarerequiredby thetermsofthe call or order to obey it.

This article includes all persons on active duty,certainretiredpersons,prisoners,andprisonersof war.

You should specifically note the followingprovisions of article 2:

• Any person serving a sentence imposed by acourt-martial remains subject to the UCMJ. Thus aprisoner who isserving acourt-martial sentencemay betried for a crime committed while a prisoner. Thisapplies even though the prisoner’s term of enlistmenthas expired at the time of commission of the crime.

• A reservist on inactive-duty training issubject totheUCMJwhen(a) thetraining isauthorizedby writtenorders; (b) the orders are voluntarily accepted by thereservist; and (c) theorders specify that the reservist issubject to theUCMJ.

• A reservist ordered into the active military

service is subject to the UCMJ beginning on the date

specified in the orders for the reservist to report for

active duty.

• The United States Supreme Court has held

unconstitutional the exercise of court-martial

jurisdiction over civilians in time of peace.

Art. 3. Jurisdiction to Try Certain Personnel

Article 3 states that a person may be tried bycourt-martial, even after leaving the service, foroffenses committed while subject to theUCMJ.

Art. 7. Apprehension

(a) Apprehension is thetaking of a personinto custody.

(b) Any person author ized underregulations governing the armed forces toapprehend persons subject to this code or totrial thereunder may do so upon reasonablebelief that an offense has been committed andthat the person apprehended committed it.

(c) Commissioned officers, warrantoff icers, petty off icers, and noncommissionedoff icers haveauthority to quell quarrels, frays,and disorders among persons subject to thiscode and to apprehend persons subject to thiscode who take part therein.

Enlisted persons performing police duties shouldnot apprehend an off icer except on specific orders of acommissioned officer. The exception is when suchapprehension is necessary to prevent disgrace to theservice, the commission of a serious offense, or theescape of one who has committed aserious offense. Insuch cases, the apprehending individual immediatelynotifies the off icer to whom he or she is responsible oranoff icer of thesecurity police, military police, or shorepatrol.

Anapprehension iseffectedby clearly notifyingtheoffender that he/she is thereby taken into custody. Theorder may be oral or written.

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Student Notes:

A clear distinction exists between the authority toapprehend and the authority to arrest or confine(article 9). Any person empowered to apprehend anoffender,however, isauthorizedtosecurethecustody ofan alleged offender until proper authority may benotified.

Art. 8. Apprehension of Deserters

Any civil officer having authority toapprehend offenders under the laws of theUnited States or of a State, Territory,Commonwealth, or possession, or the Districtof Columbia may summarily apprehend adeserter from thearmed forcesand deliver himinto the custody of those forces.

When amilitary servicesendsout adescriptionof adeserter, with arequest for thedeserter’s apprehension,thenoticegivescivil off icerstheauthority toapprehendthe person.

Art. 9. Imposition of Restraint

(a) Arrest is therestraint of a person by anorder not imposed as a punishment for anoffense, directing him to remain within certainspecified limits. Confinement is the physicalrestraint of a person.

(b) An enlisted member may be orderedinto arrest or confinement by anycommissioned officer by an order, oral orwritten, delivered in person or through otherpersons subject to this code. A commandingoff icer may authorize warrant off icers, pettyoff icers, or noncommissioned off icers to orderenlistedmembersof hiscommandor subject tohis authority into arrest or confinement.

(c) A commissioned officer, a warrantoff icer, or a civilian subject to this code or totrial thereunder may be ordered into arrest orconfinement only by a commanding off icer towhoseauthority he issubject, by an order, oralor written, delivered in person or by anothercommissioned off icer. The authority to ordersuchpersonsintoarrest or confinement may notbe delegated.

(d) No person may be ordered into arrestor confinement except for probable cause.

(e) Nothing in this article limits theauthority of persons authorized to apprehendoffenders to secure the custody of an allegedoffender until proper authority may benotified.

Art. 10. Restraint of Persons Charged withOffenses

Any person subject to thischapter chargedwith an offense under this chapter shall beordered into arrest or confinement, ascircumstances may require; but when chargedonly with an offense normally tried by asummary court-martial, he shall not ordinarilybe placed in confinement. When any personsubject to this chapter is placed in arrest orconfinement prior to trial, immediate stepsshall be taken to inform him of the specificwrong of which heisaccused and to try him orto dismiss the charges and release him.

As the words normally and ordinarily imply, theprovisions of this article may not apply in exceptionalcases. Whether to confine, arrest, or restrict aperson inlieu of arrest iswith thediscretion of theoff icer havingthe power to do so. What this article says, in effect, isthat in most instancesconfinement isnot necessary forpersons accused of minor offenses.

Art. 11. Reports and Receiving of Prisoners

(a) No provost marshal, commander of aguard, or master-at-armsmay refuse to receiveor keepanyprisoner committedtohischargebya commissioned off icer of the armed forces,when the committing officer furnishes astatement, signed by him, of the offensecharged against the prisoner.

(b) Every commander of the guard ormaster-at-arms to whose charge a prisoner iscommittedshall,withintwenty-four hoursafterthat commitment or as soon as he is relievedfrom guard, report to the commanding off icerthe name of the prisoner, the offense chargedagainst him, and the name of the person whoordered or authorized the commitment.

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Student Notes:

An arrest is imposed by notifying the person to bearrestedthat thepersonisunder arrest andinformingthepersonof thelimitsof thearrest. Theorder of arrest maybe oral or written. A person to be confined is placedunder guard and taken to the place of confinement.

Art. 12. Confinement with Enemy PrisonersProhibited

No member of the armed forces may beplaced in confinement in immediateassociation with enemy prisoners or otherforeign nationals not members of the armedforces.

Members of the armed forces may be confined inthe same jails, prisons, or other confinement facilities,however, so long as they are separated from the othercategories mentioned.

Art. 13. Punishment Prohibited Before Trial

No person, whilebeing held for trial, maybe subjected to punishment or penalty otherthan arrest or confinement upon the chargespending against him, nor shall the arrest orconfinement imposed upon him be any morerigorous than the circumstances required toensurehispresence, but hemay besubjected tominor punishment during that period forinfractions of discipline.

The minor punishment permitted under article 13includes that authorized for violations of discipline setforth by theplace in which theperson isconfined. Thearticledoesnot prevent aperson from being required todo ordinary cleaning or policing or from taking part inroutine training and dutiesnot involving thebearing ofarms.

Art. 14. Delivery of Offenders to CivilAuthorities

(a) Under such regulat ions as theSecretary concerned may prescribe, amemberof the armed forces accused of an offenseagainst civil authority may be delivered, uponrequest, to the civil authority for trial.

(b) When delivery under this article is madeto any civil authority of a person undergoingsentence of a court-martial, the delivery, iffollowed by conviction in a civil tribunal,interrupts the execution of the sentence of thecourt-martial, and the offender after havinganswered to the civil authorities for this offenseshall, upon the request of competent militaryauthority, be returned to military custody for thecompletion of his sentence.

Art. 15. Commanding Officer’s NonjudicialPunishment

Article 15 explains commanding officers’nonjudicial punishment. For some offenses,commanders may offer an article 15 instead ofcourt-martial. If accepted, thecommander may imposepunishment as permitted by regulations (usually atcaptain’s mast). Receiving an article 15 is not aconviction, and it does not give a person a criminalrecord. This article wil l be explained in greater detaillater in this chapter under “Nonjudicial Punishment.”

Art. 25. Who May Serve on Courts-Martial

Any commissioned officer, including commissionedwarrant officers, on active duty with the armed forces iseligible to serve on a court-martial. Any warrant officeron active duty with the armed forces is eligible to serve ona general court-martial (GCM) and special court-martial(SPCM) for the trial of any person, other than acommissioned officer. Any enlisted person on active dutywith the armed forces who is not a member of the sameunit as the accused is eligible to serve on general andspecial courts-martial for the trial of enlisted persons.However, enlisted personnel may serve as a member of acourt-martial only if, before the assembling of such court,the accused has personally requested in writing thatenlisted personnel serve as members of the court.

Art. 27. Detail of Trial Counsel and DefenseCounsel

Each general and special court-martial must haveatrial counsel and adefensecounsel, withsuchassistantsas theconvening authority deemsnecessary. Thetermscounsel, trial counsel, anddefense counselshould be

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Student Notes:

interpreted to mean the detailed counsel named in theconvening order. The term individual counselrefers tothe military counsel selected by the accused or thecivilian counsel provided by theaccused at his/her ownexpense.

Thetrial counsel and defensecounsel detailed for ageneral court-martial must have equivalent legalqualifications. Each must be a judge advocate of theArmy, Navy, Ai r Force, or Marine Corps who is agraduateof an accredited lawschool or is amember ofthebar of afederal court or of thehighest court of astate.Each must be certified as competent to perform suchduties by the Judge Advocate General of the armedforcesof which he/she is amember. A civilian counselmust be amember of thebar of a federal court or of thehighest court of a state.

In a special court-martial, the accused must beafforded the opportunity to be represented by counselqualified under article 27,UCMJ, unless such counselcannot be obtained because of the geographicallocation or pressing military requirements. If qualifieddefense counsel cannot be obtained, the court may beconvened and the trial held. The convening authoritymakes a written statement that states why qualifiedcounsel cannot be obtained. The following conditionsmust be met:

• If the detailed trial counsel or any assistant trialcounsel is qualified to act as counsel before ageneral court-martial, the defense counsel mustbe a qualified person; and

• If the detailed trial counsel or any assistant trialcounsel is ajudge advocate or a member of thebar of a federal court or the highest court of astate, the defense counsel detailed by theconvening authority must be one of theforegoing.

Art. 31. Compulsory Self-IncriminationProhibited

Article 31 explains your rights not to provideevidence against yourself (self-incrimination), a rightgiven to all citizens under the Fifth Amendment to theU.S. Constitution. The following statements explainyour rights against self-incrimination:

• Youcannot beforcedtoanswer questionsor giveevidence that may help to prove your guilt.

• You must be told the nature of the offense ofwhich you are accused; that you do not havetomakeany statement; and that if you do, it can beused against you.

• Youcannot beforcedtomake astatement or giveevidencein atrial that isnot related to thecaseorthat may degrade you.

• No statement obtained from you by threats ortr ickery can be used against you in acourt-martial trial.

Art. 37. Unlawfully Influencing Actionof Court

(a) No authority convening a general,special, or summary court-martial, nor anyother commanding officer, may censure,reprimand, or admonish the court or anymember, military judge, or counsel thereof,with respect to the findings or sentenceadjudged by the court, or with respect to anyother exercise of its or his functions in theconduct of theproceedings. No person subjectto thischapter may attempt to coerceor, by anyunauthorized means, influence the action of acourt-martial or any other military tribunal oranymember thereof, in reachingthe findingsorsentence in any case, or the action of anyconvening, approving, or reviewing authoritywith respect to his judicial acts.

Article37 isdesigned to ensurethat every court, itsmembers, and its off icers are completely free to fulfilltheir functions without fear of reprisal.

Art. 38. Duties of Trial Counsel and DefenseCounsel

The trial counsel prosecutes in the name of theUnited States and, under the direction of the court,prepares the record of proceedings. The duties of thetrial counsel might be compared to those of a civildistrict attorney.The prosecution must provebeyond areasonable doubt the guilt of the accused for eachoffense charged. Of course, such burden of proof is

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Student Notes:

relieved by apleaof guilty. Themany dutiesof thetrialcounsel vary widely beginningat thetimeof assignmentto the trial. The duties change throughout thepreparation for trial, the trial itself, and thepreparationand disposition of the record of trial.

Al l accusedpersonshavetheright toberepresentedbefore special and general courts-martial by defensecounsel. This counsel may be a civilian or militarylawyer selected by the accused or the conveningauthority may appoint a defense counsel. If a civiliancounsel isselected, theaccused must pay thecounsel’sexpenses. If the accused prefers to select a civiliancounsel, the detailed counsel and assistant counsel actasassociatecounsel if theaccusedsodesires; otherwise,they may be excused.

Art. 55. Cruel and Unusual PunishmentsProhibited

Article 55 prohibits any cruel or unusualpunishment. In particular, courts-martial are forbiddento award sentences that include flogging, branding,marking, or tattooing thebody. Theuseof irons isalsoprohibited except for the purpose of safe custody.

Punitive Articles of theUCMJ

The punitive articles of theUCMJ are thosenumbered 77 through 134. They are the laws ofCongresstellingyouwhat youmust doandmust not do,under pain of punishment.

What about civil laws? Can you be given militarypunishment for nonmilitary offenses? Yes, youcan. Forexample, the onlyUCMJ regulations againstdrunkennessarefor drunkendrivingandbeingdrunk onduty. Many civilian communities, though, have lawsagainst public intoxication. If you are found guilty incivil court andspend timein jail for public intoxication,the Navy can try you for being absent without leave(UCMJ, article 86) and for bringing discredit upon theNavy (UCMJ, article 134).

If you willfull y refuseto pay just debts, you wil l bewarned to pay them by your commanding officer.Continued failure to pay your debts can lead to anundesirable typeof discharge. TheNavy hasno usefor

peoplewho don’t exhibit integrity and honesty. On theother hand, if unscrupulousdealersaregougingyou,seeyour legal off icer for assistance.

The punitive articles that follow are those that youare required to know. If you haveany questions abouttheir meaning, ask your division off icer for guidance.

Art. 77. Principals

Themere fact that aperson isat thesceneof acrimedoesnot make theperson aprincipal. To be aprincipalof a crime, theperson must beguilty of intent to aid orencourage the person(s) who committed the crime.

A person who witnesses acrimecan be aprincipal.Evidencemust show thewitnesshad aduty to interfereand the witness’s noninterference was intended tooperate and did operate to encourage or protect theperpetrator.

A person may be aprincipal even though not at thescene of the crime if he/she commanded, advised, orobtained another person to commit an offense.

Art. 78. Accessory After the Fact

Any person subject to this chapter who,knowing that an offense punishable by thischapter has been committed, receives,comforts, or assists the offender in order tohinder or prevent his apprehension, trial, orpunishment shall bepunishedas acourt-martialmay direct.

A personwho voluntarily givesanescapedprisonerprovisions that permit him/her to avoid pursuersbecomes an accessory after the fact to the prisoner’sescape. Provisions include transportation, clothing,money, or any other necessities.

Art. 79. Conviction of Lesser Included Offense

An accused may be found guilty of anoffense necessarily included in the offensecharged or of an attempt to commit either theoffense charged or an offense necessarilyincluded therein.

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Student Notes:

Examples of what generally are held to belesser-included offenses contained in a principaloffense include the following:

Art. 80. Attempts

(a) An act, done with specific intent tocommit an offense under this chapter,amounting to more than mere preparation andtending, even though failing, to effect itscommission, is an attempt to commit thatoffense.

(b) Anypersonsubject to thischapter whoattempts to commit any offense punishable bythischapter shall bepunishedas acourt-martialmay direct, unless otherwise specificallyprescribed.

(c) Anypersonsubject to thischapter maybeconvictedof anattempt tocommit anoffensealthough it appearson the trial that theoffensewas consummated.

Anaccusedmay beguilty of anattempt eventhoughthecrimeturnsout to beimpossibleto commit becauseof an outside intervening circumstance. For example, a

pickpocket who puts ahand in the pocket of anotherperson with the intent to steal a billfol d is guilty of anattempt to commit larceny, even though the pocket isempty.

Art. 81. Conspiracy

Conspiracyisdefinedasanagreement betweentwoor morepersonstocommit acrime.Conspiracyreferstosuch aplanby agroupwhoseintent usually istocommita crime of a bold nature, such as overthrowing agovernment.

Theagreement in aconspiracy need not be formal.The agreement need only be acommon understandinginthemindsof thepartiestoaccomplishtheobjectiveofthe conspiracy.

Art. 82. Solicitation

(a) Anypersonsubject to thischapter whosolicitsor advisesanother or othersto desert inviolationof…(article85) or mutiny inviolationof…(article94) shall, if theoffensesolicited oradvisedisattemptedor committed,bepunishedwith the punishment provided for thecommission of the offense, but, if the offensesolicited or advised is not committed orattempted, he shal l be punished as acourt-martial may direct.

(b) Anypersonsubject to thischapter whosolicits or advises another or others to commitan act of misbehavior before the enemy inviolation of…(article 99) or sedition inviolation of…(article 94) shall, if the offensesolicited or advised is committed, bepunishedwith the punishment provided for thecommission of the offense, but, if the offensesolicited or advised is not committed, he shallbe punished as a court-martial may direct.

Solicitation may be accomplished by other meansthanby wordof mouthor by writing.Anyact or conductthat may reasonably beconsidered as aserious requestor advice to commit one of the offenses named in thearticlemay constitutesolicitation. Theaccused may actthrough other persons in committing this offense.

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Student Notes:

ART PRINCIPALOFFENSE

ART LESSERINCLUDEDOFFENSE

94 Mutiny 92 Failure to obeyorder or regulation

94 Sedition 116 Riot or breach ofpeace

95 Resistance,breach ofarrest, andescape

134 General article

118 Murder 119 Manslaughter

122 Robbery 121 Larceny andwrongfulappropriation

124 Maiming 128 Assault

Art. 83. Fraudulent Enlistment, Appointment,or Separation

Any person who:

(1) procures his own enlistment orappointment in thearmed forcesby knowinglyfalse representation or deliberate concealmentas to his qualifications for that enlistment orappointment and receives pay or allowancesthereunder; or

(2) procureshis own separation from thearmedforcesby knowingly falserepresentationor deliberate concealment as to his eligibilityfor that separation;

shall bepunishedas acourt-martial may direct.

An essential element of the offense of fraudulentenlistment or appointment isthat theaccusedshall havereceived pay or allowanceswhileunder that enlistmentor appointment. Acceptance of food, clothing, shelter,or transportation from the government constitutesreceipt of allowances.

After apprehension, an accused charged withhaving fraudulently obtained separation from abranchof thearmedforcesissubject to theUCMJ. Theaccusedissubject totheUCMJwhileinthecustody of thearmedforces and while awaiting trial for the fraudulentseparation.

Art. 84. Unlawful Enlistment, Appointment, orSeparation

Any person subject to this chapter whoeffects an enlistment or appointment in or aseparation from thearmed forcesof any personwho is known to him to be ineligible for thatenlistment, appointment, or separationbecauseit isprohibitedby law,regulation, or order shallbe punished as a court-martial may direct.

Art. 85. Desertion

Members of the armed forces who, withoutpermission, leave their place of duty or organizationwiththeintent toremain away permanently areguilty ofdesertion.

The status of an absentee changes to that of adeserter after 30 daysof absence, or sooner if theintentto desert is apparent. For example, suppose a Navymember goes ashore without permission, taking allpersonal belongings and announcing to shipmates thathe/sheisleavingtheservicefor good.That personcouldbe immediately declared a deserter.

After an individual is declared a deserter,notification is forwarded to the next of kin, thedeserter’s hometown police, and various other lawenforcement agencies, including theFBI. Desertersarenearly always caught and identified because ofnationwide fingerprinting and identification practices.Furthermore, expenses incurred in the return of thedeserter to military control are chargeable to thereturned absentee.

Theeffectsof desertion can bemany; somecan besevere. If triedandconvictedof desertion, thedeserter isalmost certainly imprisoned; in timeof war, thedesertermay be executed. A person whose conviction ofdesertion in time of war results in a dishonorabledischargecan never hold any off iceof trust or profit inthe United States government.

Art. 86. Absence without Leave

Any member of the armed forces who,without authority—

(1) fails to go to his appointed place ofduty at the time prescribed;

(2) goes from that place; or

(3) absents himself or remains absentfrom his unit, organization, or place of duty atwhich he is required to be at the timeprescribed;

shall bepunishedas acourt-martial may direct.

Thisarticlecovers every casenot providedfor intheother punitive articles in which an armed forcesmember, through that member’s own fault, is not in arequired location at a specified time. As opposed todesertion, whether or not the member intended toremain away makes no difference. The intent isexpressed by the member’s absence.

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Student Notes:

Makesureyou avoid thebadhabit of taking thelast

bus, train, or planewhen returning from leave. Always

allow time for unexpected delays.

Art. 87. Missing Movement

Any person subject to this chapter whothroughneglect or designmissesthemovementof a ship, aircraft, or unit with which he isrequired in thecourseof duty to moveshall bepunished as a court-martial may direct.

Provisionsof article87 should beself-explanatory.

However, notethat theviolator, to befound guilty, need

not haveknown the exact hour or even the exact dateof

thescheduled movement. If a person had knowledgeof

only the approximate date, the court may convict the

absentee on the charge of missing movement. Missing

movement is aseriousoffensein theNavy. It leavesthe

ship shorthanded and requires someone else to do the

absentee’s work and stand the absentee’s watches.

Art. 88. Contempt Toward Officials

Any commissioned officer who usescontemptuous wordsagainst thePresident, theVice President, Congress, the Secretary ofDefense, the Secretary of a mi l i tarydepartment, the Secretary of the Treasury, orthe Governor or legislature of any State,Territory, Commonwealth, or possession inwhichheisonduty or present shall bepunishedas a court-martial may direct.

Art. 89. Disrespect Toward SuperiorCommissioned Officer

Any person subject to this chapter whobehaves with disrespect toward his superiorcommissioned off icer shall be punished as acourt-martial may direct.

A superior commissioned officer is a commissioned

officer that is superior in rank or command. Disrespect

includes insulting words, insolence, impertinence, undue

familiarity or other rudeness, and failing to salute.

Art. 90. Assaulting or Willfully DisobeyingSuperior Commissioned Officer

Any person subject to this chapter who

(1) strikes his superior commissionedoff icer or lift s up any weapon or offers anyviolence against him while he is in theexecution of his off ice; or

(2) willfull y disobeys alawful commandof his superior commissioned off icer;

shall bepunished, if theoffenseiscommitted intimeof war, by death or such other punishmentas acourt-martial may direct, and if theoffenseis committed at any other time, by suchpunishment,other thandeath,as acourt-martialmay direct.

An off icer is in the “execution of his off ice” whenperforming any act theoff icer is required or authorizedto do. Note that the article is not confined to striking asuperior commissionedoff icer; it takesinbrandishingaweapon or waving a fist at that off icer.

Willful disobedience, as used here, meansintentional defiance of a lawful order. You mustpresume that any order given by an off icer is legal. Ifyou disobeybecauseyou think otherwise, you do so atyour own risk. It is better to do your questioning afteryou have carried out the order.

Art. 91. Insubordinate Conduct TowardWarrant Of ficer, Noncommissioned Officer,or Petty Officer

Any warrant off icer or enlisted memberwho

(1) strikes or assaults a warrant off icer,noncommissioned officer, or petty officer,while that off icer is in execution of his off ice;

(2) willfull y disobeysthelawful order of awarrant off icer, noncommissioned off icer, orpetty off icer; or

(3) treats with contempt or isdisrespectful in languageor deportment toward

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Student Notes:

a warrant off icer, noncommissioned off icer, orpetty officer, while that officer is in theexecution of his off ice;

shall bepunishedas acourt-martial may direct.

This article has the same general objectives withrespect to warrant off icers, noncommissioned off icers,andpetty off icersasarticles89and90havewithrespecttocommissionedoff icers. Namely, it ensuresobedienceto their lawful ordersand protects them from violence,insult, or disrespect.

Art. 92. Failure to Obey Order or Regulation

Any person subject to this chapter who

(1) violates or fails to obey any lawfulgeneral order or regulation;

(2) having knowledgeof any other lawfulorder issued by amember of thearmed forces,which it is his duty to obey, fails to obey theorder; or

(3) is derelict in the performance of hisduties;

shall bepunishedas acourt-martial may direct.

A general order or regulation is one that appliesgenerally to an armed force. The President or theSecretary of Defense, the Secretary of Transportation,or the Secretary of a military department may issue it.An off icer having general court-martial jurisdiction, ageneral or flag off icer in command, or a commandersuperior to one of these may also issue it.

Disobedience of “any other lawful order” requiresthat the person must havehad aduty to obey the orderand must havehad knowledgeof theorder. An accusedmay bechargedwithdisobedienceof thelawful order ofone not a superior, provided the accused had aduty toobey such order. Examples are lawful orders of asentinel or of members of the armed forces police.

Dereliction in the performance of duties occurswhen aperson willfull y or negligently fails to performthemor performsthemin aculpably ineff icient manner.To be guilty of ineff iciency, an accused must havehadthe ability and opportunity to perform the assigned

duties efficiently, but performed them inefficientlynevertheless.

Art. 93. Cruelty and Malt reatment

Any person subject to this chapter who isguilty of cruelty toward, or oppression ormaltreatment of, any person subject to hisordersshall bepunishedas acourt-martial maydirect.

The cruelty, oppression, or maltreatment must bereal,althoughnot necessarily physical. Toassault andtosubject to improper punishment are examples of thisoffense. The assignment of necessary or proper dutiesand the requirement for their correct performance willnot constitutethisoffense even though such dutiesmaybe arduous and/or hazardous.

Art. 94. Mutiny or Sedition

(a) Any person subject to this chapterwho—

(1) with intent to usurp or overridelawful military authority, refuses, in concertwith any other person, to obey orders orotherwise do his duty or creates any violenceor disturbance is guilty of mutiny;

(2) with intent to causethe overthrowor destruction of lawful civil authority,creates, in concert with any other person,revolt, violence, or disturbance against thatauthority is guilty of sedition;

(3) failstodohisutmost toprevent andsuppress a mutiny or sedit ion beingcommitted in his presence, or fails to take allreasonable means to inform his superiorcommissioned off icer or commanding off icerof a mutiny or sedition which heknowsor hasreason to believeis taking place, isguilty of afailure to suppress or report a mutiny orsedition.

(b) A person who is found guilty ofattemptedmutiny,mutiny,sedition,or failuretosuppressor report amutiny or sedition shall bepunished by death or such other punishment asa court-martial may direct.

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Student Notes:

Art. 95. Resistance, Breach of Arrest, andEscape

Any person subject to this chapter whoresists apprehension or breaks arrest or whoescapes from custody or confinement shall bepunished as a court-martial may direct.

Art. 96. Releasing Prisoner without ProperAuthority

Any person subject to this chapter who,without proper authority, releasesany prisonercommitted to his charge, or who throughneglect or design suffers any such prisoner toescape, shall be punished as a court-martialmay direct, whether or not the prisoner wascommitted in strict compliance with law.

Art. 97. Unlawful Detention

Any person subject to this chapter who,except asprovided by law,apprehends, arrests,or confines any person shall be punished as acourt-martial may direct.

Art. 98. Noncompliance with Procedural Rules

Anypersonsubject tothischapter who—

(1) isresponsiblefor unnecessary delay inthe deposition of any case of a person accusedof an offense under this chapter; or

(2) knowingly and intentionally fails toenforce or comply with any provision of thischapter regulating the proceedings before,during, or after trial of an accused;

shall bepunishedas acourt-martial may direct.

Art. 99. Misbehavior before the Enemy

Any person subject to this chapter whobefore or in the presence of the enemy—

(1) runs away;

(2) shamefully abandons, surrenders, ordelivers up any command, unit, place, ormilitary property,whichit ishisduty todefend;

(3) through disobedience, neglect, orintentional misconduct endangers thesafety ofany such command, unit, place, or militaryproperty;

(4) casts away his arms or ammunition;

(5) is guilty of cowardly conduct;

(6) quits his place of duty to plunder orpillage;

(7) causes false alarms in any command,unit,or placeunder control of thearmedforces;

(8) willfully fails to do his utmost toencounter, engage, capture, or destroy anyenemy troops, combatants, vessels, aircraft, orany other thing, which it is his duty so toencounter, engage, capture, or destroy; or

(9) does not afford all practicable reliefand assistance to any troops, combatants,vessels, or aircraft of the armed forcesbelonging to the United States or their allieswhen engaged in battle;

shall be punished by death or such otherpunishment as a court-martial may direct.

Art. 100. Subordinate Compelling Surrender

Any person subject to this chapter whocompelsor attemptsto compel thecommanderof any place, vessel, aircraft, or militaryproperty, or of any body of members of thearmed forces, to give it up to an enemy or toabandon it, or who strikes the colors or flag toany enemy without proper authority, shall bepunished by death or such other punishment asa court-martial may direct.

Although these offenses are similar to mutiny, theydo not require concert of action. The compulsion tosurrender must be by acts, rather than words. To “strikethe colors or flag” is to surrender. The offense iscommitted by anyone subject to theUCMJwho assumesthe authority to surrender a military force or positionwhen that person is not authorized to do so either bycompetent authority or by the necessities of battle.

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Student Notes:

Art. 101. Improper Use of Countersign

Any person subject to this chapter who intimeof war disclosestheparoleor countersignto any person not entitled to receive it or whogives to another who is entitled to receive andusetheparoleor countersign adifferent paroleor countersign from that which, to hisknowledge, he was authorized and required togive, shall be punished by death or such otherpunishment as a court-martial may direct.

A countersignis a worddesignatedby theprincipalheadquartersof a command to aid guardsand sentinelsintheir scrutinyof personswhoapply topassthelines. Itconsistsof a secret challengeand apassword. A paroleis a word used as a check on the countersign; it isimpartedonly tothosewhoareentitledtoinspect guardsand to commanders of guards.

Art. 102. Forcing a Safeguard

Any person subject to thischapter forcesasafeguard shall suffer death or such otherpunishment as a court-martial may direct.

A safeguard is adetachment, guard, or detail postedby acommander. It protectspersons, places, or propertyof theenemy or of a neutral affected by therelationshipof the opposing forces in their prosecution of war orduring a state of conflict. The term also includes awritten order left by a commander with an enemysubject or posted upon enemy property for theprotection of theindividual or property concerned. Theeffect of asafeguard is apledgeof honor by anationthatits armed force wil l respect the person or propertyconcerned.

Art. 103. Captured or Abandoned Property

(a) Al l persons subject to this chapter willsecureall publicproperty takenfromtheenemyfor the service of the United States, and shallgivenoticeandturn over to theproper authoritywithout delay all captured or abandonedproperty in their possession, custody, orcontrol.

(b) Any person subject to this chapterwho—

(1) fails to carry out the dutiesprescribed in subsection (a);

(2)buys, sells, trades, or in any waydeals in or disposes of captured or abandonedproperty, whereby he receives or expects anyprofit, benefit, or advantage to himself oranother directly or indirectly connected withhimself; or

(3) engages in looting or pillaging;

shall be punished as a court-martial maydirect.

Immediately upon its capture from the enemy,public property becomes the property of the UnitedStates. Persons subject to military law have animmediate duty to take those steps within their powerand functions to secure such property to the service oftheUnitedStates.Theythenhavetheduty toprotect thatproperty from destruction or loss.

Art. 104. Aiding the Enemy

Any person who—

(1) aids, or attemptstoaid, theenemy witharms, ammunition, supplies, money or otherthings; or

(2) without proper authority, knowinglyharbors or protects or gives intelligence to, orcommunicates or corresponds with or holdsany intercoursewith theenemy, either directlyor indirectly;

shall suffer deathor suchother punishment asacourt-martial or military commission maydirect.

This article applies to all persons whether or notthey are otherwise subject to military law. Enemydenotes citizens as well as members of militaryorganizations. Al l thecitizensof hostilenations, aswellas their government, are our enemies.

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Student Notes:

Art. 105. Misconduct as Prisoner

Any person subject to this chapter who,while in the hands of the enemy in time ofwar—

(1) for thepurposeof securing favorabletreatment by his captors acts without properauthority in amanner contrary to law,custom,or regulation, to the detriment of others ofwhatever nationality held by the enemy ascivilian or military prisoners; or

(2) while in a position of authority oversuch persons maltreats them withoutjustifiable cause; shall be punished as acourt-martial may direct.

Art. 106. Spies

Any person who in time of war is foundlurking as a spy or acting as a spy in or aboutany place, vessel, or aircraft, within thecontrol or jurisdiction of any of the armedforces, or in or about any shipyard, anymanufacturing or industrial plant, or anyother place or institution engaged in work inaid of the prosecution of the war by the UnitedStates, or elsewhere, shall be tried by ageneral court-martial or by a militarycommission and on conviction shall bepunished by death.

The words any personbrings within thejur isdict ion of courts-mart ia l and mil i tarycommissions all persons of whatever nationality ormilitary or civilianwhocommit theoffenseof spying.

Art. 106a. Espionage

Any person subject to this chapter who,with intent or reason to believethat it is to beused to theinjury of theUnited Statesor to theadvantage of a foreign nation, communicates,delivers, or transmits, or attempts tocommunicate, deliver, or transmit, to anyentity described …either directly or indirectly,any thing described … shall be punished as acourt-martial may direct, except that if the

accused is found guilty of an offense that

directly concerns nuclear weaponry, military

spacecraft or satellites, early warningsystems,

or other meansof defenseor retaliationagainst

largescaleattack, war plans, communications

intelligence or cryptographic information, or

any other major weapons system or major

element of defense strategy, the accused shall

bepunishedby deathor suchother punishment

as a court-martial may direct.

The termentitycan be any of the following:

• A foreign government

• A faction or party or military force within aforeign country…

• A representative, officer, agent, …. of suchgovernment, faction, party, or force

Art. 107. False Statements

Any person subject to this chapter who,

with intent to deceive, signs any false record,

return, regulation, order, or other official

document, knowing it tobe false, or makesany

other false off icial statement knowing it to be

false, shall bepunished as acourt-martial may

direct.

Several articles of theUCMJ provide for thepunishment of untruths: articles83 and 84 (fraudulentand unlawful enlistment, appointment, or separation),article107(falsestatements), article131(perjury), andarticle 132 (fraud). You can see how highly truth isregarded in the military service.

A statement, whether oral or in writing, is off icialwhen it ismadepursuant to regulations. A statement isalso off icial when made in response to a request orquestion from one’s commanding off icer or a personacting under the commanding officer’s authority.Off icial statements thus include all those made in theline of duty.

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Student Notes:

Art. 108. Military P roperty of the UnitedStates—Loss, Damage, Destruction, orWrongful Disposition

Any person subject to this chapter who, without

proper authority—

(1) sells or otherwise disposes of;

(2) willfull y or through neglect damages,destroys, or loses; or

(3) willfull y or through neglect suffers tobelost, damaged, sold, or wrongfully disposedof;

anymilitary property of theUnitedStates, shallbe punished as a court-martial may direct.

Whether theproperty in question was issued to theaccused, whether it was issued to someone other thantheaccused,or whether it wasissuedat all isimmaterial.

Willful means intentional.Neglect meansinattention to duty or failure to take action that, underthe circumstances, should havebeen taken to preventthe loss, destruction, or damage of any militaryproperty.

Art. 109. Property Other Than MilitaryProperty of United States—Waste, Spoilage, orDestruction

Any person subject to this chapter whowillfully or recklessly wastes, spoils, orotherwisewillfull y and wrongfully destroysordamages any property other than militaryproperty of theUnited Statesshall bepunishedas a court-martial may direct.

Wastesand spoils refer to wrongful acts ofvoluntary destruction, such as burning down buildings,burning piers, tearing down fences, or cutting downtrees. To be destroyed, property need be onlysuff iciently damaged to be useless for the purpose forwhich it wasintended.Damageconsistsof anyphysicalinjury to theproperty. Theproperty must beother thanmilitary property of theUnited Statesand must belongto one other than the accused.

Art. 110. Improper Hazarding of Vessel

(a) Any person subject to thischapter whowillfull y and wrongfully hazards or suffers tobehazardedany vessel of thearmedforcesshallsuffer death or such punishment as acourt-martial may direct.

(b) Any person subject to thischapter whonegligently hazards or suffers to be hazardedany vessel of thearmedforcesshall bepunishedas a court-martial may direct.

The word suffers means to allow or permit. Aperson suffers aship to behazarded who, although notin direct control of the vessel, knows a danger to beimminent but takesnostepstoprevent it. For example, aplottingoff icer of ashipunder way inadvertently failstoreport observationof a radar target on acollisioncoursewith, anddangerously closeto, theship. Theoff icer hasnegligently suffered the ship to be hazarded.

Art. 111. Drunken or Reckless Driving

Any person subject to this chapter whooperates any vehicle while drunk, or in areckless or wanton manner, or while impairedby asubstancedescribed in… (article112a(b)),shall bepunishedas acourt-martial may direct.

Operating a vehicle includes not only driving orguiding it while in motion, it also includesstarting it ormanipulating its controls to cause the vehicle to move.The term vehicle applies to all types of landtransportation, whether motor-driven or passengercarrying. Drunken or recklessoperation of water or airtransportation may be charged as a violation ofarticle 134. For the meaning of drunk(en), see theremarks following article 112.

Art. 112. Drunk on Duty

Any person subject to this chapter, otherthan asentinel or lookout, who is found drunkon duty, shall be punished as a court-martialmay direct.

The termon duty in article 112 refers to routine ordetaileddutiesonboard ashipor station. Thetermdoesnot cover periodsof leaveor liberty (which comeunder

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Student Notes:

adifferent article), but doesincludedutiesof astandbynature. A personwhosemental or physical abilitiesareimpaired by either liquor or drugs may be considereddrunk.

Art. 112a. Wrongful Use, Possession, etc., ofControlled Substances

(a) Any person subject to this chapterwho wrongful ly uses, possesses,manufactures, distributes, imports into thecustomsterritory of theUnited States, exportsfrom the United States, or introduces into aninstallation, vessel, vehicle, or aircraft usedbyor under the control of the armed forces asubstancedescribed in subsection (b) shall bepunished as a court-martial may direct.

(b) The substances referred to insubsection (a) are the following:

(1) Opium, heroin, cocaine,amphetamine, lysergic acid diethylamide[LSD], methamphetamine, phencyclidine,barbituric acid, and marijuana and anycompound or derivative of any suchsubstance.

(2) Any substance not specified inclause (1) that is listed on a schedule ofcontrolled substances prescribed by thePresident for the purposes of this article.

(3) Anyother substancenot specifiedin clause(1) or contained on alist prescribedby thePresident under clause(2) that islistedinschedules I through V of section202of theControlled Substances Act (21 U.S.C. 812).

Don’t do drugs! Just say NO!

Art. 113. Misbehavior of Sentinel

Any sentinel or lookout who is founddrunk or sleeping upon his post, or leaves itbefore being regularly relieved, shall bepunished, if theoffenseiscommittedintimeofwar, by death or such other punishment as acourt-martial may direct, but if theoffenseisatany other time, by such punishment other thandeath as a court-martial may direct.

Someactual or imaginary linedoesnot limi t apost,nor is it confined to those times when you may be onwatch as asentry. Thisarticlecoversall periodswhenyou arestanding a watch of any kind, such asguardingstores or prisoners or acting as abow lookout. It alsocoversperiodswhenyouareperforminganyother dutythat requires you to remain alert at all times.

A sentinel on post who is found asleep or drunk isguilty of a serious offense. In time of war, the offensemay bepunishableby death. For persons in thearmedforces, drunkenness is prejudicial to good order anddiscipline whenever and wherever it appears. Beingdrunk in public, whether a person is in uniform orcivilian clothes, may bring discredit upon the service,while being drunk on station is abreach of militarydiscipline. But being drunk whileon duty as asentinelor lookout in timeof war endangers every person in thecommand.

Art. 114. Dueling

Any person subject to this chapter whofights or promotes, or is concerned in orconnives at fighting a duel, or who, havingknowledge of a challenge sent or about to besent, fails to report the fact promptly to theproper authority, shall be punished as acourt-martial may direct.

Art. 115. Malingering

Anypersonsubject to thischapter whoforthe purpose of avoiding work, duty, orservice—

(1) feigns illness, physical disablement,mental lapse or derangement; or

(2) intentionally inflicts self-injury;

shall be punished as a court-martial maydirect.

Malingering is an offense defined as any act toavoid duty by feigning (pretending) to be ill orphysically/mentally disabled.

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Student Notes:

Art. 116. Riot or Breach of Peace

Any person subject to this chapter who

causes or participates in any riot or breach of

the peace shall be punished as acourt-martial

may direct.

The termriot isused when adisturbance iscausedby a group of three or more persons and is engagedagainst anyone who may oppose them.

Breach of the peaceis an unlawful disturbance byviolent or turbulent meansthat disturbsthepeaceof thecommunity. Engaging in a fight and using abusivewordsinpublicare examplesof breachof thepeace. Asused in this article, communityincludes any militaryinstallation or ship, as well as a civilian community.

Art. 117. Provoking Speeches or Gestures

Any person subject to this chapter who

uses provoking or reproachful words or

gestures towards any other person subject to

thischapter shall bepunishedas acourt-martial

may direct.

Art. 118. Murder

Any person subject to this chapter who,

without justificationor excuse, unlawfully kills

a human being, when he—

(1) has a premeditated design to kill;

(2) intends to kil l or inflic t great bodilyharm;

(3) is engaged in an act that is inherentlydangerous to another and evinces a wantondisregard of human life; or

(4) is engaged in the perpetration orattempted perpetration of burglary, sodomy,rape, robbery, or aggravated arson;

is guilty of murder, and shall suffer suchpunishment as a court-martial may direct,except that if found guilty under clause (1) or(4), he shall suffer death or imprisonment forlife as a court-martial may direct.

Art. 119. Manslaughter

(a) Any person subject to this chapter who,with an intent to kill or inflict great bodily harm,unlawfully kills a human being in the heat ofsudden passion caused by adequate provocationis guilty of voluntary manslaughter and shall bepunished as a court-martial may direct.

(b) Anypersonsubject tothischapter who,without an intent to kil l or inflic t great bodilyharm, unlawfully kills a human being—

(1) by culpable negligence; or

(2) whileperpetratingor attempting toperpetratean offense, other than thosenamedin clause (4) of… article 118, directlyaffecting the person;

isguilty of involuntary manslaughter andshallbe punished as a court-martial may direct.

Manslaughteris the unlawful killin g of another.There are two basic types of manslaughter:voluntaryandinvoluntary.

Voluntary manslaughter is the unlawful killin g ofanother whenthereisintent tokil l or inflic t great bodilyharm, but the act is committed in the heat of suddenpassion caused by adequate provocation.

Involuntarymanslaughter istheunlawful killin g ofanother committed without intent to kil l or inflic t greatbodily harm.

Art. 120. Rape and Carnal Knowledge

(a) Anypersonsubject to thischapter whocommits an act of sexual intercourse, by forceand without consent, isguilty of rapeand shallbepunished by death or such other punishmentas a court-martial may direct.

(b) Any person subject to this chapter who,under circumstances not amounting to rape,commits an act of sexual intercourse with afemale not his wife who has not attained the ageof sixteen years, is guilty of carnal knowledge andshall be punished as a court-martial may direct.

(c) Penetrat ion, however sl ight, issuff icient to complete either of these offenses.

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Student Notes:

Art. 121. Larceny and WrongfulAppropriation

(a) Anypersonsubject to thischapter whowrongfully takes, obtains, or withholds, by anymeans, from the possession of the owner or ofanyother personanymoney,personal property,or article of value of any kind—

(1) with intent permanently to depriveor defraud another person of the use and benefitof property or to appropriate it to his own use orthe use of any person other than the owner,steals that property and is guilty of larceny; or

(2) with intent temporarily to depriveor defraud another person of the use andbenefit of property or toappropriatetohis ownuse or the use of any person other than theowner, is guilty of wrongful appropriation.

(b) Any person found guilty of larceny orwrongful appropriate shall be punished as acourt-martial may direct.

Art. 122. Robbery

Any person subject to this chapter whowith intent tosteal takesanythingof valuefromthepersonor in thepresenceof another, againsthiswill , by meansof forceor violenceor fear ofimmediate or future injury to his person orproperty or to the person or property of arelativeor member of his family or of anyoneinhiscompanyat thetimeof therobbery, isguiltyof robbery and shall be punished as acourt-martial may direct.

Art. 123. Forgery

Any person subject to this chapter who,with intent to defraud—

(1) falsely makes or alters any signature,to, or any part of, any writing which would, ifgenuine, apparently impose alegal liability onanother or change his legal right or liability tohis prejudice; or

(2) utters, offers, issues, or transferssucha writing, known by him to be so made oraltered;

is guilty of forgery and shall be punished as acourt-martial may direct.

A forgery may be committed by a person signinghis/her own name to an instrument. For example,presume acheck payableto theorder of acertainpersoncomes into the hands of another person of the samename. The receiver commits forgery if , knowing thecheck to be another person’s, he/she endorses it withhis/her own name with the intent to defraud.

Someof theinstrumentsmost frequently subject toforgery are checks, orders for delivery of money orgoods, military orders directing travel, and receipts. Awritingmay be falsely “made” by materially alteringanexisting writing; by fillin g in or signing theblanks in apaper, such as a blank check; or by signing aninstrument already written.

Art. 123a. Making, Drawing, or UtteringCheck, Draft, or Order Without SufficientFunds

Any person subject to this chapter who—

(1) for the procurement of any article orthing of value, with intent to defraud; or

(2) for the payment of any past dueobligation, or for anyother purpose, with intentto deceive;

makes, draws, utters, or delivers any check,draft, or order for the payment of money uponany bank or other depository, knowing at thetimethat themaker or drawer hasnot or wil l nothavesuff icient fundsin, or credit with, thebankor other depository for the payment of thatcheck, draft, or order in full presentment, shallbe punished as a court-martial may direct….

Thisarticleprovidesspecificstatutory authority fortheprosecutionof bad-check offenses. In theabsenceofevidence indicating otherwise, bad faith might beshown by the maker’s or drawer’s failure to effectredemption within the5-day period provided for in the

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Student Notes:

article. The offense of wrongfully and dishonorablyfailing to maintain sufficient funds for payment ofchecks upon presentment is a violation.

Art. 124. Maiming

Any person subject to this chapter who,with intent to injure, disfigure, or disable, inflictsupon the person of another an injury which

(1) seriously disfigures his person by amutilation thereof;

(2) destroys or disables any member ororgan of his body; or

(3) seriously diminishes his physicalvigor by the injury of any member or organ;

isguilty of maiming and shall bepunished asacourt-martial may direct.

Maiming includes putting out a person’s eye;cutting off a person’s hand, foot, or finger; or knockingout a person’s front teeth, as these injuries destroy ordisable those members or organs. Maiming alsoincludescutting off a person’s ear or scaring aperson’sface, as these injuries seriously disfigure the person.Injuringaninternal organsoastoseriously diminishthephysical vigor of a person is also considered maiming.

Art. 125. Sodomy

(a) Anypersonsubject to thischapter whoengages in unnatural carnal copulation withanother person of the same or opposite sex orwithananimal isguilty of sodomy.Penetration,however slight, is suff icient to complete theoffense.

(b) Any person found guilty of sodomyshall bepunishedas acourt-martial may direct.

Art. 126. Arson

(a) Anypersonsubject to thischapter whowillfull y and maliciously burns or sets on firean inhabited dwelling, or any other structure,movable or immovable, wherein to theknowledgeof theoffender thereisat thetimeahuman being, isguilty of aggravated arson andshall be punished as court-martial may direct.

(b) Anypersonsubject to thischapter whowillfull y and maliciously burns or sets fire tothe property of another, except as provided insubsection (a), is guilty of simple arson andshall bepunishedas acourt-martial may direct.

In aggravated arson, danger to human lif e is theessential element; in simple arson, it is injury to theproperty of another. Ineither case, the fact that nooneisinjured is immaterial.

Art. 127. Extortion

Any person subject to this chapter whocommunicates threats to another person withthe intention thereby to obtain anything ofvalue or any acquaintance, advantage, orimmunity is guilty of extortion and shall bepunished as a court-martial may direct.

A threat may be communicated by word of mouthor in writing, theessential element of theoffensebeingthe knowledge of the threat to the victim. Anacquittance is, in general terms, a release or dischargefrom an obligation.

Art. 128. Assault

(a) Anypersonsubject to thischapter whoattempts or offers with unlawful force orviolence to do bodily harm to another person,whether or not the attempt or offer isconsummated, is guilty of assault and shall bepunished as a court-martial may direct.

(b) Any person subject to this chapterwho—

(1) commits an assaul t wi th adangerous weapon or other means of forcelikely to produce death or grievous bodilyharm; or

(2) commits an assaul t andintentionally inflicts grievous bodily harmwith or without a weapon;

is guilty of aggravated assault and shall bepunished as a court-martial may direct.

Section (a) describes theoffenseof simpleassault.Swingingyour fist, pointing agunat aperson, or raising

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Student Notes:

a club over someone’s head, even though no harm isactually done, iseachanact of simpleassault. Whenthethreat isconsummatedandforceisappliedtothevictim,the offense becomes assault and battery.

Section (b) describes aggravated assault, of whichtherearetwo types. The first isassault with adangerousweapon and other means of force likely to kill orgrievously harm thevictim (likeshoving aperson overthe fantail). The second type takes place when anassailant intentionally inflictsseverebodily harm, withor without a weapon. If , after you have knocked anindividual down, you repeatedly kick him/her so as tobreak theperson’s ribs, youhavecommittedaggravatedassault.

Art. 129. Burglary

Any person subject to this chapter who,with intent to commit an offense punishableunder… articles118 -128,breaksandenters, inthenighttime, thedwelling houseof another, isguilty of burglary and shall be punished as acourt-martial may direct.

The house must be adwelling place at the time ofthebreaking and entry, but the residentsdo not havetoactually be in it. A simpleact such asopening acloseddoor or window or someother similar fixtureor cuttingout the glass of a window or the netting of a screenconstitutesbreaking. Entry gained through atrick, falsepretense, impersonation, intimidation, or collusion alsoconstitutes breaking. For the intruder to succeed incarrying out the intent for which thehouse wasbrokeninto is not an essential element.

Art. 130. Housebreaking

Any person subject to this chapter whounlawfully enters the building or structure ofanother with intent to commit a criminaloffense therein is guilty of housebreaking andshall bepunishedas acourt-martial may direct.

Theinitial enteringmust amount totrespassing; thisarticleisnot violated if theaccusedentered the buildingor structure lawfully, even though the person had theintent to commit an offense therein. This offense isbroader than burglary in that theplaceentered need notbe a dwelling house; also, the place need not be

occupied. A breaking isnot essential. Theentry may beeither in the nighttime or in the daytime. The criminalintent isnot limited to thoseoffensespunishableunderarticles 118 through 128.

Art. 131. Perjury

Anypersonsubject to thischapter who inajudicial proceeding or in a course of justicewillfully and corruptly—

(1) upon a lawful oath or in any formallowed by law to be substituted for an oath,gives any false testimony material to the issueor matter of inquiry; or

(2) in any declarat ion, cert i ficate,verification, or statement under penalty orperjury aspermitted under section 1746 of title28, United States Code, subscribes any falsestatement material to the issue or matter ofinquiry;

is guilty of perjury and shall be punished as acourt-martial may direct.

Art. 132. Frauds against the United States

Any person subject to this chapter—

(1) who, knowing it to be false orfraudulent—

(A) makes any claim against theUnited States or any off icer thereof; or

(B) presents to any person in the civilor military service thereof, for approval orpayment, any claim against the United Statesor any off icer thereof;

(2) who, for the purpose of obtaining theapproval, allowance, or payment of any claimagainst the United States or any officerthereof—

(A) makesor usesany writing or otherpaper knowing it to contain any false orfraudulent statements;

(B) makesanyoathtoany fact or toanywriting or other paper knowing theoath to befalse; or

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Student Notes:

(C) forges or counterfei ts anysignature upon any writing or other paper, oruses any such signature knowing it to beforged or counterfeited;

(3) who, having charge, possession,custody, or control of any money, or otherproperty of the United States, furnished orintended for the armed forces thereof,knowingly delivers to any person havingauthority to receive it, any amount thereof lessthan that for which he receives acertificate orreceipt; or

(4) who, being authorized to make ordeliver any paper certifying the receipt of anyproperty of the United States furnished orintended for thearmed forcesthereof, makesordelivers to any person such writing withouthaving full knowledge of the truth of thestatements therein contained and with intent todefraud the United States;

shall, upon conviction, be punished as acourt-martial may direct.

This article deals with frauds against the UnitedStates. It pertains to making false claims against thegovernment to obtain money or property.

It alsopertainsto theoffenseof making awritingorother paper known to contain a false statement for thepurpose of obtaining the approval, allowance, orpayment of a claim. The offense is complete when thewritingor paper ismadefor that purpose,whether or nottheuseof either onehasbeen attempted and whether ornot the claim has been presented.

Art. 133. Conduct Unbecoming anOfficer and a Gentleman

Any commissioned officer, cadet, ormidshipman who is convicted of conductunbecominganoff icer and agentlemanshall bepunished as a court-martial may direct.

Art. 134. General Article

Though not specifically mentioned in thischapter, all disorders and neglects to the

prejudice of good order and discipline in thearmed forces, all conduct of a nature to bringdiscredit uponthearmedforces,andcrimesandoffensesnot capital,of whichpersonssubject tothis chapter may be guilty, shall be takencognizanceof by ageneral, special or summarycourt-martial, according to the nature anddegree of the offense, and shall be punished atthe discretion of that court.

Article134makespunishableactsor omissionsnotspecifically mentioned in other articles. Those actsincludewearing an improper uniform, abusive useof amilitary vehicle, the careless discharge of a firearm, orimpersonating an off icer. They also include offensesinvolving off icial passes, permits, and certificates; andthe wrongful possession of a habit-forming narcoticdrug.

Discreditmeans to injure the reputation of; that is,to bring the service into disrepute. Examples includeacts in violation of state or foreign laws, failure to payone’s debts, adultery, bigamy, and indecent acts.

Crimes and offenses not capital include those actsor omissions, not punishable by another article,denounced as crimes or offenses by enactment ofCongress or under authority of Congress and madetriablein thefederal civil courts. Someof theseoffensesare punishable wherever committed; others arepunishable only if committed within the geographicalboundaries of the areas in which they are applicable.

Art. 137. Articles to be explained

Articles 2, 3, 7 through 15, 25, 27, 31, 37,38, 55, 77 through 134 and 137 through 139 ofthischapter shall becarefully explained toeachenlisted member at the time of his entrance onactive duty, or within six days thereafter. Theyshall be explained again after hehascompletedsix monthsof active duty, and again at thetimewhen he reenlists. A complete text of theUniform Code of Militar y Justiceand of theregulations prescribed by the Presidentthereunder shall be made available to anyperson on active duty upon his request, for hispersonal examination.

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Student Notes:

Art. 138. Complaints of wrongs

Any member of the armed forces whobelieves himself wronged by his commandingoff icer, and who, upon due application to thatcommanding off icer, is refused redress, maycomplain to any superior commissionedoff icer, who shall forward thecomplaint to theofficer exercising general court-martialjurisdiction over the off icer against whom it ismade. The officer exercising generalcourt-martial jurisdiction shall examine intothe complaint and take proper measures forredressing the wrong complained of; and heshall, assoon aspossible, send to theSecretaryconcerned a true statement of that complaint,with the proceedings had thereon.

Thisarticleprovidesfor redressof wrongsinflictedby a commanding officer on subordinates, and itprescribestheproceduretobefollowedby subordinatesto apply for such redress.

Art. 139. Redress of injuries to property

(a) Whenever complaint is made to anycommanding officer that willful damage hasbeen done to the property of any person or thathis property has been wrongfully taken bymembers of the armed forces, he may, undersuch regulations as the Secretary concerned mayprescribe, convene a board to investigate thecomplaint. The board shall consist of from oneto three commissioned officers and, for thepurpose of that investigation, it has power tosummon witnesses and examine them uponoath, to receive deposit ions or otherdocumentary evidence, and to assess thedamages sustained against the responsibleparties. The assessment of damages made by theboard is subject to the approval of thecommanding officer, and in the amountapproved by him shall be charged against the payof the offenders. The order of the commandingofficer directing charges herein authorized isconclusive on any disbursing officer for thepayment by him to the injured parties of thedamages as assessed and approved.

(b) If theoffenderscannot beascertained,but the organization or detachment to whichthey belong is known, charges totaling theamount of damagesassessedandapprovedmaybe made in such proportion as may beconsidered just upon the individual membersthereof who are shown to havebeen present atthe scene at the time the damages complainedof were inflicted, as determined by theapproved findings of the board.

Nonjudicial Punishment

If you break a rule or are negligent, careless, orunmilitary in your conduct, an off icer or petty off icermay put you on report. Beingput on reportmeansyoumay appear before the commanding officer at aspecified time for nonjudicial punishment (UCMJ,art. 15); that is, you may appear at captain’s mast.

Art. 15. Commanding Officer’s nonjudicialpunishment

(a) Under such regulations as the Presidentmay prescribe, and under such additionalregulations as may be prescribed by theSecretary concerned, limitations may be placedon the powers granted by this article with respectto the kind and amount of punishmentauthorized, the categories of commandingofficers and warrant officers exercisingcommand authorized to exercise those powers,the applicability of this article to an accused whodemands trial by court-martial, and the kinds ofcourts-martial to which the case may be referredupon such a demand. However, except in thecase of a member attached to or embarked in avessel, punishment may not be imposed uponany member of the armed forces under thisarticle if the member has, before the impositionof such punishment, demanded trial bycourt-martial in lieu of such punishment. Undersimilar regulations, rules may be prescribed withrespect to the suspension of punishmentsauthorized hereunder. If authorized byregulations of the Secretary concerned, acommanding officer exercising generalcourt-martial jurisdiction or an officer of generalor flag rank in command may delegate hispowers under this article to a principal assistant.

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Student Notes:

(b) Subject to subsect ion (a) anycommanding off icer may, in addition to or inlieuof admonitionor reprimand, imposeoneormoreof thefollowingdisciplinary punishmentsfor minor offenseswithout theinterventionof acourt-martial…

Commanding off icer’s nonjudicial punishment isoften referred to as captain’s mast. Captain’s mast getsits name from the old sailing days when the setting forthisform of naval justice wastheweather deck near theship’s mainmast.

Cases are heard and punishments given at captain’smast. Anyone who is not attached to or embarked in avessel may, however, demand trial by court-martial inlieu of punishment at mast, before such punishment isimposed.

The punishments permitted at captain’s mastdepend upon the rank of the officer holding mast.Figure2-3showsthepunishment that may be awarded.

A commanding officer that decides an offensedeserves a punishment more severe than he/she isauthorized to award at mast may order a court-martial.

The following paragraphs explain some of thepunishments that may be given at captain’s mast.

RESTRICTION.— Restriction is the requirementto remain within certain specified limits (ship, station,etc.). Although required to muster at certain times, therestricted person usually continues to perform his/herregular duties.

CORRECTIONAL CUSTODY.— Correctionalcustody is the physical restraint (confinement) of aperson during duty or nonduty hours, or both. Theperson may berequired to perform extradutiesor hardlabor. A typical example isan individual who is free tocarry out regular dutiesduring theday but isconfined ina confinement facility at night.

CONFINEMEN T ON BREAD AND WATEROR DIMINISHED RATIONS.— Confinement onbread and water or diminished rationsmay be imposedonly on enlisted persons E-3 and below aboard ship.

EXTRA DUTY.—Extraduty is theassignment ofany duty (except guard duty) to be performed after theperson’s regular working hours. Extra duty is not toexceed 2 hours daily or to be performed on holidays.

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Student Notes:

ENLISTED

Any officer commanding,LCDR and above

Commanding officers belowLCDR; OICs, any grade

Admonition orreprimand

Yes Yes

Confinement onB&W or diminishedrations

3 consecutive days(aboard ship)E-3 and below

3 consecutive days(aboard ship)E-3 and below

Correctional custody 30 consecutive daysE-3 and below

7 consecutive days

Forfeiture of pay 1/ 2 of 1 month pay permonth for 2 months

7 days’ pay

Reduction in grade To next inferior grade To next inferior grade

Extra duty 45 consecutive days 14 consecutive days

Restriction 60 consecutive days 14 consecutive days

Figure 2-3.—One or more of the maximum punishment authorized by article 15,UCMJ.

Petty off icers may not be assigned extra duties thatwould demean their grade or position.

FORFEITUR E OF PAY.—Forfeiture of pay is apermanent loss of a specified amount or a temporarywithholding of a certain amount of pay. The detentionperiod must be specified. The money detained isnormally returnedat theendof thedetentionperiod, butit can be detained for a period of 1 year.

APPEALS.—If persons consider their punishmentunder article 15 to be unjust or out of proportion to theoffense, they may appeal to the next superior authority inthe chain of command. The appeal must be made within areasonable time (generally 5 days) and promptlyforwarded. If the superior authority upholds the appeal,all rights, privileges, and property are restored.

PROTECTION AGAINST SELF-INCRIMINATION .—Under article 31 of theUCMJ,compulsory self-incrimination is prohibited. Theaccused must be informed of the nature of the chargesagainst him/her. The accused must also be advised thathe/she does not have to make any statement regarding theoffense of which accused, but that any statement mademay be used as evidence against him/her in a trial bycourt-martial. No statement obtained through the use ofcoercion, unlawful influence, or unlawful inducementmay be used as evidence against the accused.

MERI TORIOUS AND REQUEST MASTS.—Not all masts are for disciplinary purposes. Ameritorious mast may be held by the commandingofficer to give awards or commendations to thosepersons who have earned them.

Article 1107 of Navy Regsgrants the right for anyperson to communicate with the commanding off icer.Youcan’t just walk up to thecaptain, however, andstarttalking. For the purpose of hearing valid requests orcomplaints from crew members, the CO sets certaintimes aside. This practice is called request mast. Theperson having arequest or grievance should first try toresolve the problem through the chain of command.Failing that, the person may request mast.

COURTS-MARTIAL

Basedonarticle16of theUCMJ, courts-martial areof three types: summary, special, and general. The

captaindecidesthetypeof court-martial to awardbasedon the nature, time, and place of the offense.

Summary Courts-Martial

A summary court-martial consists of onecommissioned off icer. If thecommanding off icer is theonly off icer with the command, that off icer acts as thesummary court off icer. A summary court can awardanysentencethat may begivenat mast. It canalso awardtheadditional punishmentsof confinement for 1monthandhardlabor without confinement for 45days.Anypersonawarded confinement at a summary court-martial willthen be held, as appropriate.

Special Courts-Martial

A special court-martial consists of not less thanthree members; or a military judge and not less thanthree members; or only a military judge. When amilitary judge (a qualified lawyer) is detailed to thecourt, the accused has the right to know the identity ofthe military judge. The accused also has the right toconsult with thedefensecounsel and to request that thecourt consist of only the military judge. The requestmust be in writing, submitted before the court isassembled, and approved by the military judge. Aspecial court-martial may award the same punishmentas a summary court, or it may award a more severepunishment. For example, it can award abad-conductdischarge, confinement for 6 months, lossof two-thirdspay per month for 6 months, and hard labor withoutconfinement for 3 months.

General Court-Martial

A general court-martial consistsof a military judgeandnot lessthan fivemembers; or only amilitary judge.Under the conditions described for a special court, theaccused may request that the court consist of only amilitary judge. A general court-martial can award anypunishment not forbidden by theUCMJ, includingdeath when specifically authorized for the offense.

Al l accusedpersonshavetheright toberepresentedbefore special and general courts-martial by defensecounsel. This counsel may be acivilian or a militarylawyer selected by the accused or a defense counselappointed by the convening authority. If a civiliancounsel isselected, theaccused must pay thecounsel’sexpenses.

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Student Notes:

REVIEW 4 QUESTIONS

Q1. What chapter of theNavy Regsdeals with yourresponsibility and authority while carrying outorders?

Q2. What chapter of theNavy Regsdealswith rightsand responsibilities?

Q3. Who is responsible for ensuring theNavy Regsconformsto thecurrent needsof theDepartmentof the Navy?

Q4. New Navy Regsand changes to it are issued bywhom and approved by whom?

Q5. The instructions found in the OPNAVINST3120.32 provideguidanceandregulationsfor—

Q6. What was the purpose for developing andsigning into law the Uniform Code of MilitaryJustice?

Q7. When was theUCMJsigned into law?

Q8. Article 137 of theUCMJ states that certainarticlesof theCodemust be explained carefullyto every enlisted person at what minimuminterval?

Q9. List the three types of court-martials.

a.

b.

c.

SUMMA RY

Discipline is training that develops self-control,

character or orderliness, and efficiency.Justice is

impartiality—fairness.Conduct is the way one

acts—behavior. Weall deal with discipline, justice, and

conduct in our day-to-day dealings as members of the

U.S. Navy. Wehavecertain standardsof behavior, both

on and off duty, by which we must abide. Our justice

system sets those standards of behavior; therefore, it

should not intimidate us.

We also have standards of conduct by which wemust abideif wearetakenprisoner. Thesestandardsarefundamental to our safety and to our fellow prisoners.

Discipline or conduct could sometimes make thedifference between saving or losing a unit. Withoutdiscipline, ships would not have the eff icient fire orrepair parties that have kept many of them afloat aftermajor damage. Imaginethepanic that would takeplaceif Sailors didn’t have the discipline, self-control, andeff iciency they have been taught.

Our justicesystemhasits ownchecksandbalances.For example, if a person does something wrong, thecommanding officer is restricted as to the type ofpunishment he/shemay award. A personalsohas arightto appeal punishment awarded—a right all peopleenjoy. A person also hastheright to communicatewiththe commanding off icer.

Our justice system protects us. Because of navalregulationsandstandardsof conduct, weknowwhat theNavy expectsof us. Our conduct, both on and off duty,should reflect our pride in the Navy and in our unit.

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Student Notes:

REVIEW 1 ANSWERS

A1. The three sources that contain the basicdisciplinary laws for the U.S. Navy are—

a. U.S. Navy Regulations

b. Standard Organization and Regulations ofthe U.S. Navy

c. Uniform Code of Military Justice (UCMJ)

A2. One of the most important characteristics of agood Sailor is asense of moral responsibility.

A3. Tosucceed inyour work in theNavy, youshouldvalue and take part inteamwork .

A4. TheCodeof Conduct wasestablished to governsituations where Sailors were POW’s.

A5. There aresix articles in the Code of Conduct.

A6. Under article V, the only information you areallowed to give is your name, rank, servicenumber, and date of birth.

REVIEW 2 ANSWERS

A1. In theNavy, themilitary policeareknown astheshore patrol.

A2. Shore patrol personnel are identified byarmbands bearing the lettersSP.

A3. When military police are from different armedforces and combined to form one unit, they areknownasanArmed Forces PoliceDetachment(AFPD).

A4. The primary duties of the shore patrol are to—

a. Render assistance to military personnelashore

b. Maintai n good order and disciplineamongmilitary personnel

c. Report conditionsor practicesthat appearprejudicial to the welfare of militarypersonnel

REVIEW 3 ANSWERS

A1. Mot ivation and correction through rewardand punishment are used to help Sailors workas a unit.

A2. The purpose of discipline in the military istobring about an efficient military organization .

A3. Deterrent theory of punishment is used by theNavy.

A4. The two things arecipient of Navy punishmentshould remember are—

a. Punishment is a result of their behavior.

b. They won’t bepunished again if they learnto conform to Navy’s standard of conduct.

REVIEW 4 ANSWERS

A1. Chapter 10 of the Navy Regsdeals with yourresponsibility and authority while carrying outorders.

A2. Chapter 11 of the Navy Regsdeals with yourrights and responsibilities.

A3. Chief of Naval Operations is responsible formaking sure that theNavy Regsconform to thecurrent needs of the Department of the Navy.

A4. Secretary of theNavy issuesand thePresidentapprovesnew Navy Regsand changes to NavyRegs.

A5. The instructions found in the OPNAVINST3120.32 provide guidance and regulations forthe duties and responsibilities for allpersonnel within a unit or organization.

A6. Thepurposefor developing and signing into lawthe Uniform Code of Militar y Justice was tostandardize legal procedure and disciplinethroughout all branches of service.

A7. TheUCMJwassignedintolawon31May 1951.

A8. Article 137 of theUCMJ states that certainarticlesof theCodemust be explained carefullyto every enlisted personat thetimeof entranceor no later than 6 days later, 6 months onactive duty, and every reenlistment.

A9. The three types of courts-martial are—

a. Summary

b. Special

c. General

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Student Notes: