CHAPTER 2

MILITARY CONDUCT AND JUSTICE

Because the United States Navy is a military service

and since you are a member of the U.S. Navy, you are

expected to bemilitary in the best sense of the term. You

are expected to know the traditions of the Navy, its

customs, and its language. You should understand the

organization and mission of the Navy and the “why”

behind the Navy’s discipline and its drills. In the front of

this manual is the Navy Creed; if you haven’t read it,

read it now. You will see the importance of your

responsibilities and duties to your Country and to the

Navy.

In this chapter, you will learn about militaryconduct, which includes the conduct expected of you ifyou should become a prisoner of war. You will also learnabout the military police, the purpose of discipline andpunishment, and the three sources that set forth the basicdisciplinary laws for the U.S. Navy. Those sources areU.S. Navy Regulations, Standard Organization andRegulations of the U.S. Navy,and theUniform Code ofMilitary 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.

• Obeys the rules of military courtesy and etiquetteas well as the rules of military law.

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

• Knows what to do in an emergency and how to do

it with the least waste of time and with minimum

confusion

As a Sailor, you represent the Navy. People formtheir opinions of the Navy based on your appearanceand actions. Always wear your uniform with pride.Conduct yourself in a manner that will reflect credit onyou and the Navy. In effect, you conduct the business ofpublic relations for the Navy. The way in which you sellthe 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 meansyou know what’s right and what’s wrong, and you try todo what is right. As a morally responsible person, youperform all assigned duties as correctly and timely ashumanly possible without worrying about personal gainor inconveniences.

To succeed in any line of work, you must be devotedto duty and be able to take orders. Shipboard life is soexacting that a team of members must do many tasks;one person alone cannot do them. In battle or in solvinga battle problem, all personnel must work as a team; 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 who puts forth his/her best efforts only whensome personal advantage is to be gained. Also, the Navydoesn’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 life more pleasant and easier forall hands.

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I pledge allegiance to the flag of the United States of America and to thecountry for which it stands, one nation, indivisible, under God, withliberty and justice for all.

THE CODE OF CONDUCT

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

• Recognize the responsibilities stated in articles Ithrough VI of the Code of Conduct for membersof 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 they all agree that life as a POW is hard. Afew POWs were unprepared or lacked the ability tomaintain their faith and loyalty under extreme pressure.The enemy broke their will, and they gave informationand/or acted in a way that hurt their country and theirfellow prisoners.

If you ever become a POW, don’t make up stories;your interrogator will eventually catch on and couldresort to harsher methods to try to gain information. Asimpler, “I don’t know,” is a better answer. Your captorswill use many methods to gain information. They willtry to get prisoners to collaborate by torturing them orby trying to turn prisoners against each other. Althoughforbidden by the Geneva Convention, history has shownthat some captors have resorted to physical and mentalforms of torture to get the information they want.Maintain your faith in your God, your country, and yourfellow prisoners.

Remember the first sentence of the first article of theCode of Conduct, “I am an American, fighting in theforces which guard my country…” If you live up to thatprinciple, you don’t ever have to worry about aninvestigation concerning your behavior. You won’t livethe rest of your life knowing that something you saidharmed your fellow prisoners, comrades in arms, oryour country and its allies.

In 1988, President Ronald Reagan issued ExecutiveOrder 12633, amending the Code of Conduct to use

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

ARTICLE III

If I am captured I will continue to resist by all meansavailable. I will make every effort to escape and aidothers to escape. I will accept neither parole nor specialfavors from the enemy.

ARTICLE IV

If I become a prisoner of war, I will keep faith withmy fellow prisoners. I will give no information or takepart in any action which might be harmful to mycomrades. If I am senior, I will take command. If not, Iwill obey the lawful orders of those appointed over meand will back them up in every way.

ARTICLE V

When questioned, should I become a prisoner ofwar, I am required to give name, rank, service numberand date of birth. I will evade answering furtherquestions to the utmost of my ability. I will make no oralor written statements disloyal to my country and itsallies or harmful to their cause.

ARTICLE VI

I will never forget that I am an American, fightingfor freedom, responsible for my actions, and dedicatedto the principles which made my country free. I willtrust in my God and in the United States of America.

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Student Notes:

REVIEW 1 QUESTIONS

Q1. List the three sources that contain the basic

disciplinary laws for the U.S. Navy.

a.

b.

c.

Q2. What is one of the most important characteristics

of a good Sailor?

Q3. For you to succeed in your work in the Navy, you

should possess what quality?

Q4. Why was the Code of Conduct established?

Q5. What total number of articles are there in the

Code of Conduct?

Q6. When questioned under article V, what is the

only information you are allowed to give?

MILITARY POLICE

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

• Recognize the authority of the militarypolice/shore patrol.

• Ident i fy the funct ions of the mil i tarypolice/shore patrol.

All branches of the armed forces assign personnelto duties as military police. In the Air Force, they arecalledsecurity police; in the Army and Marine Corps,they are calledmilitary police (MP); and in the Navy,they are calledshore patrol (SP). The shore patrolconsists of officers and petty officers assigned to assistmilitary personnel ashore. They are identified byarmbands bearing the lettersSP.

In areas where units of different armed services arelocated, the military police may be combined to formone unit instead of a separate unit for each service. Thissingle unit is known as anArmed Forces PoliceDetachment(AFPD), and all members are identified bybrassards (armbands) with the lettersAFPD. Theprimary duties of AFPD are to 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, leave authorization, and thelike. You must obey any orders given you by the militarypolice.

Some reminders are listed here for you to observe inany 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 the performance of their duty. If you are in aplace where a fight has begun or is about todevelop and the patrol orders you to leave, do sowithout protest.

Don’t feel that the patrol is trying to harass you. Youwon’t have to prove who you are or verify that you’reentitled to be ashore every time you see a patrol. Thepatrol will stop you only when you appear to be in, or tobe headed for, some kind of trouble or if you arouse their

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Student Notes:

suspicions in some other manner. The military patrolcan be a real friend in time of need. The patrol’s ordersare to be courteous, fair, and reasonable in all dealingswith members of the armed forces and with 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) and police petty officers have functions similarto those of the shore patrol. The master-at-arms force,headed by the chief master-at-arms (CMAA), worksdirectly for the executive officer. The master-at-armsforce enforces Navy and ship regulations, mustersrestricted personnel, holds reveille, and performs otherduties as are required for the maintenance of good orderand discipline.

The duties of police petty officers (PPOs) are aboutthe same as those of MAAs, but are on a divisionalinstead of a shipwide basis. Although PPOs stand theirregular watches and perform their normal duties withintheir divisions, they are assigned additional duties suchas making reveille and taps, ensuring compartments arecleaned, and maintaining order. At times they assist theMAA force in searching the ship, 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 police from different branches ofthe armed forces combine to form one unit, theyare known as—

Q4. List the primary duties of the shore patrol.

a.

b.

c.

PURPOSE OF DISCIPLINE

Learning Objective: When you finish this chapter, you

will be able to—

• Recall the purpose of good order and military

discipline.

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 thatdevelops self-control, character, and efficiency, or is theresult of such training.Discipline is a characterbuilder, not a destroyer of individuality .

The Navy’s discipline consists of training its Sailorsto behave in certain ways under certain circumstances.It gets them to work as a unit with maximum efficiency.To encourage Sailors to work as a unit, the Navy uses asystem of motivation and correction through reward andpunishment. 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, and other forms of disciplinaryaction punish Sailors who get into trouble because theyare 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 efficiency 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.

The purpose of discipline in the military services isto bring about an efficient military organization—abody of human beings trained and controlled forconcerted action for the attainment of a common goal.

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Student Notes:

Each individual understands how to fit into theorganization as a whole. The members understand oneanother through the sharing of common knowledge.They are bound together by a unity of will and interestexpressed by their willingness to follow and obey theirleader. A group so organized is effective, not only for thespecific purpose intended, but also for an emergency.Thus, a gun crew may be readily converted into a repairparty for carrying out any essential job within itscapabilities; a company of midshipmen may be turnedinto a fire-fighting organization. A well-disciplinednaval unit responds automatically to an emergency andis not subject to panic.

PUNISHMENT

Learning Objective: When you finish this chapter, 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. The Navy realizes punishment cannot rightthe wrong resulting from an act of dereliction (failure).The value of punishment is the object lesson thepunishment teaches the wrongdoer and others—theoffense must not be repeated. That concept is referred toas 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 be of such a nature that it lowers self-esteem, norshould it be so severe that it is out of proportion to theoffense. Recipients of Navy punishment should keeptwo facts in mind:

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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.

1. Personnel are punished only as a result of theirmisbehavior, and

2. They will not be punished 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 efficiency?

Q2. What is the purpose of discipline in the military?

Q3. What theory of punishment does the Navy use?

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

a.

b.

REGULATIONS THAT GOVERN THEU.S. NAVY

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

• Recall various parts of theNavy RegulationsandUCMJ articles.

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

Figure 2-2 shows the three official sources that setforth the basic disciplinary laws for the Navy. These

sources 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 have heard the saying: “Ignorance ofthe law is no excuse.” This is a true saying. 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. Navy Regulationsyou must learn about arediscussed first. Then theStandard Organization andRegulations of the U.S. Navyand theUCMJ arediscussed.

U.S. NAVY REGULATIONS

The articles published inUnited States NavyRegulationsdescribe the principal parts of theDepartment of the Navy. They also describe the duties,authority, and responsibilities of some of the officeswithin 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 officials 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 the regulations that govern the Navy,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 theU.S. Navy Regulationsconform to thecurrent needs of the Department of the Navy.U.S. NavyRegulationsand changes to it are issued by theSecretary of the Navy after being approved by thePresident of the United States.

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Student Notes:

Summaries and Excerpts fromNavyRegulations

This section lists articles (with a condensation oftheir text, if appropriate) fromUnited States NavyRegulations, 1990,that all personnel in the Navy shouldknow. This listing serves only as a starting place for youto learn about Navy regulations.You are responsiblefor learning and obeying all regulations. Theseregulations are not punitive articles, but laws under

which the Navy operates. Many exist for your ownprotection. Failure to obey any regulation subjects theoffender to charges under article 92,UCMJ (Failure toobey an order or a regulation).

The first two digits of the article number indicatethe chapter ofNavy Regsfrom which the article is taken.If the article is self-explanatory, no further explanationis given; the article will be shown in block quotationexactly as stated inNavy Regs. Articles that are lengthy

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Student Notes:

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

and, in some cases, difficult to interpret, have beenparaphrased (rewritten) to give you a brief overview ofwhat the article contains. Remember that inNavy Regs,the wordshe, his, orhimrefers to both men and womenNavy Sailors.

0818. Publishing and Posting Orders andRegulations

1. In accordance with Article 137 of theUniform Code of Military 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 in Article 137 of theUniform Codeof Military Justice shall be posted in aconspicuous place or places, readily accessibleto all personnel of the command.

3. Instructions concerning theUniformCode of Military Justiceand appropriatearticles ofNavy Regulationsshall be includedin the training and educational program of thecommand.

4. Such general orders, orders fromhigher authority, and other matters which thecommanding officer considers of 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 onactive duty in the armed services, the followingpublications 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 Military 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 will andmutual respect.

1001. Officers of the Naval Service

Officers of the United States naval serviceshall be known as officers in the line, officers inthe staff corps, chief warrant officers andwarrant officers.

1002. Precedence of Officers

This article discusses the precedence of officers.

1003. Relative Rank and Precedence ofOfficers of Different Services

This article explains the relative rank of grades ofofficers of the Army, Air Force, Marine Corps, Navy,Coast Guard, and members of the National Oceanic andAtmospheric Administration and Public Health Serviceserving with the military.

1010. Manner of Addressing Officers

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

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Student Notes:

1020. Exercise of Authority

All 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 ofdischarging their duties, exercise authority overall persons who are subordinate to them.

1021. Authority Over Subordinates

This article gives officers the authority necessary toperform their duties.

1022. Delegation of Authority

Although you may delegate authority, that does notrelieve you of being responsible. You must make surethe delegated authority is properly exercised and ordersand instructions are properly executed.

1023. Abuse of Authority

Persons in authority are forbidden to injure theirsubordinates by tyrannical or capricious conduct, 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, heor she shall immediately represent the facts tothe superior from whom the last order wasreceived. If, after such representation, thesuperior from whom the last order was receivedshould insist upon the execution of 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 Officer in Command

An officer in command, either of the line or of a staffcorps, has authority over all officers 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 theboat.

1034. Authority and Responsibility of a SeniorOfficer Under Certain Circumstances

This article gives the senior person present, whetheran officer or an enlisted person, the authority to takenecessary action during a riot, a quarrel between navalservice members, or circumstances not covered by theseregulations.

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

Chief warrant officers, warrant officers,noncommissioned officers and petty officersshall 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, has authority over all persons on hisor her post.

1052. Orders to Active Service

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

1064. Detail of Enlisted Persons for CertainDuties

Petty officers will not be detailed to perform messduties, except when nonrated persons are unavailable.

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Student Notes:

1101. Demand for Court Martial

Except as otherwise provided in theUniform Code of Military Justice, no person inthe naval service may demand a court 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 safecustody and no longer than is strictlynecessary….

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. Treatment and Release of Prisoners

Persons in confinement must not be subjected tocruel or unusual treatment. They must be visited at 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 confine an offender should beused to take into custody a person under the influence ofalcohol, 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 officer present mayauthorize confinement in spaces that provide sufficientsecurity, safety for both prisoner and guards, andadequate living conditions.

Persons under the influence of alcohol or other

drugs should not be confined in any place or manner that

may be dangerous to them in their condition.

1110. Standards of Conduct

All Department of the Navy 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 theStandards of Conduct and Government Ethics.

1111. Pecuniary Dealings with EnlistedPersons

No officer should have any dealings involving

money with enlisted persons except as may be required

in the performance of the officer’s duties or as involved

in the sale of personal property. An officer may be

designated by superior authority to accept deposits from

enlisted personnel for the purpose of safeguarding those

funds under emergency or operational situations.

1112. Lending Money and Engaging in a Tradeor Business

Naval personnel must not lend money to another

member of the armed services at an interest rate, for the

period of the loan, that exceeds 18 percent simple

interest per year. Personnel may not act as a salesperson

or an agent or engage in a business on board without

permission of the commanding officer.

1113. Endorsement of Commercial Product orProcess

Except as necessary during contractadministration to determine specification orother compliance, no person in the Departmentof the Navy, in his or her official 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 Information

Naval personnel may not make speeches or writeanything that might disclose information of interest toforeign countries or that would aid persons with claimsagainst the United States. If naval personnel publisharticles on Navy, political, or international subjects,they must state the views are theirs and not those of theNavy. When such articles are accepted for publication,personnel must forward a complete copy 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 the member was first afforded an opportunity tosubmit a written statement regarding the matter. Certainmedical and dental entries are excepted.

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

The record of a person in the naval servicewhich is maintained by the Chief of NavalPersonnel or the Commandant of the MarineCorps shall be available for inspection by theperson or a duly authorized agent, designated assuch in writing by the person.

1126. Correction of Naval Records

Any military record in the Department ofthe Navy may be corrected by the Secretary ofthe Navy, acting through the Board forCorrection of Naval Records, when theSecretary considers that such action should betaken in order to correct an error or to remove aninjustice.

Applications for corrections may be madeonly after exhaustion of all other administrativeremedies afforded by law or regulation.

1127. Control of Official Records

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

1129. Records of Fitness

Records of fitness reflect each officer 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 arerequired to obey readily and strictly, and toexecute promptly, the lawful orders of theirsuperiors.

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 officer.

1134. Exchange of Duty

An assigned duty may not be changed 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 the naval service shall 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 offenses at

the time such offenses first come under their

observation.

You should report all offenses under the UCMJ thatyou 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 the naval service who is captured by theenemy is required to give name, grade or rate, servicenumber, and date of birth. That person will 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 have or attempt to have in their possession, anyexamination papers, any part or copy thereof, or anyexamination answer sheets. They also 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 officer.

1151. Direct Communication with theCommanding Officer

The right of any person in the naval serviceto communicate with the commanding officerin a proper manner, and at a proper time andplace, shall not be denied or restricted.

1152. Suggestions for Improvement

Any person in the Navy may submit suggestions orconstructive criticism about efficiency 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, applyto Congress for congressional action of any kind orprovide information requested by Congress. The onlyexception to this regulation is such communication asauthorized by the Secretary of the Navy or as providedby law.

1155. Dealings with Members of Congress

All 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 Individual 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 will be granted to the

maximum extent practicable.

1159. Possession of Weapons

Personnel may not have any weapons or 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

The personal possession of any alcoholic beveragesaboard any ship is prohibited. The transportation aboardship of alcoholic beverages for personal use ashore isauthorized subject to the discretion of and underregulations established by the commanding officer.

1164. Equal Opportunity and Treatment

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

1165. Fraternization Prohibited

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

1166. Sexual Harassment

Do not make offensive verbal comments, gestures,or physical contact in the work environment. Do not 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 illegaldiscrimination based on race, creed, color, sex,religion, or national origin; advocates the use offorce or violence against the government 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 Regulations of theU.S. Navy, OPNAVINST 3120.32, provides regulationsand guidance governing the conduct of all members ofthe Navy. This instruction specifies duties andresponsibi l i t ies of personnel wi thin a uni torganization—from the commanding officer 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 the Standard Organization andRegulations of the U.S. Navy

This section contains some of the articles containedin 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 are paraphrased to briefly explain the contentsof the regulation.

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Student Notes:

510.5 Armed Forces Identification Cards andLeave Papers

No person without proper authority shall:

a. Have in his/her possession more thanone properly validated Armed Forcesidentification card.

b. Depart on liberty without his/her ownproperly validated identification card; 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 ficat ion card; or anidentification card bearing false or inaccurateinformation concerning a name, grade, servicenumber, or date of birth.

d. Return from leave without depositinghis/her leave papers with the proper authority.Any person returning without an identificationcard shall report the loss to the OOD in person.

510.14 Customs

Upon arrival of a naval unit in United

States territory after visiting a foreign port, it is

subject to customs and other inspections by

Federal authorities.

a. On such occasions, customsdeclarations will be distributed to all hands insufficient time to be filled out and returnedbefore arrival in port.

b. It shall be the duty of all personnel toaccurately complete customs declarations priorto arrival in port.

c. No person, without permission fromthe commanding officer, 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 a manner 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. Remove without proper authority fromits regular place of stowage or location, for anypurpose whatever, any article of governmentproperty, including hull and damage controlfittings, first aid equipment, life saving andemergency equipment, and stores andfoodstuffs.

c. Have in 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. The officer of the deck or the commandduty officer shall ensure that the medical officeror a qualified representative shall promptlyexamine all persons who 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 witha minimum of force. Attachment of anindividual to a fixed or immovable objectshould only be authorized when all else fails,and then a continuous guard should be postedwith specific instructions to care for the welfareof the person under restraint in the event of anemergency.

510.34 Motor Vehicles

a. No person shal l operate aGovernment-owned motor vehicle assigned toa naval unit unless specifically designated to doso by the commanding officer, and then only forofficial unit business.

b. Mi l i tary personnel operat ingGovernment-owned motor vehicles shallcomply with all post, station, local, state, andfederal directives. U.S. Government operator’spermit is not required for vehicles under oneton.

c. All persons operating Government-owned motor vehicles assigned to a naval unitshall obtain the permission of the OOD beforedriving away from the unit and shall report tothe OOD upon return.

510.35 Working Stocks of Narcotics

All narcotics and other controlledsubstances authorized for medical purposesshall be in the custody of the medical or dentalofficer. No one shall have access to this materialexcept as prescribed by these officers or thecommanding officer.

a. The medical and dental officers 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 or

administer any narcotics or other controlledsubstances, either to oneself or to anotherperson, except to aid the injured during actionor emergencies. The medical and dentalofficers may authorize certain hospitalcorpsmen and denta l techn ic ians toadminister narcotics and controlled drugs topatients in sick bay per the medical and dentalofficer’s prescription.

c. In units to which no medical officer isattached, all narcotics and dangerous drugsshall be in the custody of the controlledsubstances custodian, except small quantitiesof necessary narcotics and dangerous drugs thatmay be issued to the leading petty officer in themedical department. The narcotics anddangerous drugs shal l be kept in athree-combination safe or, if this is notpossible, under lock and key. All transactionsbetween the bulk custodian and medicaldepartment representative shall be receiptedfor. Issues from the working stock in the sickbay shall be covered 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 a navalunit any camera or other photographicequipment capable of exposing a photographicplate or film without permission of thecommanding officer or author izedrepresentative.

b. Make photographs of a naval unit or itsequipment, or of objects from the unit, withoutpermission of the commanding officer, andthen only of the objects for which permissionwas specifically given.

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

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Student Notes:

UNIFORM CODE OF MILITARY JUSTICE

Until 1951, the various branches of our armedforces operated under different military codes. TheArmy’s Articles of Warguided the administration ofdiscipline and legal processes of the Army and AirForce. The Navy was guided by theArticles for theGovernment of the Navy(“Rocks and Shoals”), and theCoast Guard, by theDisciplinary Laws of the CoastGuard. Not surprisingly, an act considered an offense inthe eyes of the Navy might not have been judged so inthe Army. Even if an act was a breach of discipline in allbranches 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 theUniform Code ofMilitary 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, the same dateas the originalUCMJ, the MCM became the newstandard of military justice. Case decisions of the Courtof Military Appeals and changes in courts-martialprocedures have made necessary several changes to theoriginal manual. The current edition is theManual forCourts-Martial, 1995 Edition.

Congress and the Navy have taken steps to ensureyou will 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 to includethese and other appropriate articles ofNavy Regulationsin the command’s training and education program.Copies of the completeUCMJ (140 articles),NavyRegulations, and other general orders are available toany person who wants to read them.

Excerpts from the Uniform Code of MilitaryJustice

The purpose of this section is not to make you anexpert on theUniform Code of Military Justice (UCMJ)but to give you an overview of each of the articlesprescribed by article 137. Those articles that are

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Article 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

Student Notes:

self-explanatory are shown in block quotation as stated

in theUCMJ; no further explanation is given. Some of

the more lengthy articles have been shortened to present

only portions of these articles. Articles that are lengthy

and, in some cases, difficult to interpret are paraphrased

(rewritten) to give you a brief overview of what the

article contains.

NOTE

In this section of the chapter, the words “he,”“his,” and “him” do not indicate gender and areused 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 in or for training in, the armed forces, fromthe dates when they are required by the terms ofthe call or order to obey it.

This article includes all persons on active duty,

certain retired persons, prisoners, and prisoners of war.

You should specifically note the following

provisions of article 2:

• Any person serving a sentence imposed by acourt-martial remains subject to theUCMJ. Thus aprisoner who is serving a court-martial sentence may 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 is subject totheUCMJwhen (a) the training is authorized by writtenorders; (b) the orders are voluntarily accepted by thereservist; and (c) the orders specify that the reservist issubject to theUCMJ.

• A reservist ordered into the active militaryservice is subject to theUCMJ beginning on the datespecified in the orders for the reservist to report foractive duty.

• The United States Supreme Court has heldunconstitutional the exercise of court-martialjurisdiction 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 the taking 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, warrantofficers, petty officers, and noncommissionedofficers have authority 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 officer 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 a serious offense. Insuch cases, the apprehending individual immediatelynotifies the officer to whom he or she is responsible or anofficer of the security police, military police, or shorepatrol.

An apprehension is effected by clearly notifying theoffender that he/she is thereby taken into custody. Theorder may be oral or written.

A clear distinction exists between the authority toapprehend and the authority to arrest or confine (article

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Student Notes:

9). Any person empowered to apprehend an offender,however, is authorized to secure the custody of analleged offender until proper authority may be notified.

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 the armed forces and deliver himinto the custody of those forces.

When a military service sends out a description of adeserter, with a request for the deserter’s apprehension,the notice gives civil officers the authority to apprehendthe person.

Art. 9. Imposition of Restraint

(a) Arrest is the restraint 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 commandingofficer may authorize warrant officers, pettyofficers, or noncommissioned officers to orderenlisted members of his command or subject tohis authority into arrest or confinement.

(c) A commissioned officer, a warrantofficer, or a civilian subject to this code or totrial thereunder may be ordered into arrest orconfinement only by a commanding officer towhose authority he is subject, by an order, oralor written, delivered in person or by anothercommissioned officer. The authority to ordersuch persons into arrest 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 be notified.

Art. 10. Restraint of Persons Charged withOffenses

Any person subject to this chapter 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 he is accused and to try him orto dismiss the charges and release him.

As the wordsnormally and ordinarily imply, theprovisions of this article may not apply in exceptionalcases. Whether to confine, arrest, or restrict a person inlieu of arrest is with the discretion of the officer havingthe power to do so. What this article says, in effect, isthat in most instances confinement is not necessary forpersons accused of minor offenses.

Art. 11. Reports and Receiving of Prisoners

(a) No provost marshal, commander of aguard, or master-at-arms may refuse to receiveor keep any prisoner committed to his charge bya commissioned officer 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 iscommitted shall, within twenty-four hours afterthat commitment or as soon as he is relievedfrom guard, report to the commanding officerthe name of the prisoner, the offense chargedagainst him, and the name of the person whoordered or authorized the commitment.

An arrest is imposed by notifying the person to bearrested that the person is under arrest and informing the

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Student Notes:

person of the limits of the arrest. The order 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, while being 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 toensure his presence, but he may be subjected tominor punishment during that period forinfractions of discipline.

The minor punishment permitted under article 13includes that authorized for violations of discipline setforth by the place in which the person is confined. Thearticle does not prevent a person from being required todo ordinary cleaning or policing or from taking part inroutine training and duties not involving the bearing ofarms.

Art. 14. Delivery of Offenders to CivilAuthorities

(a) Under such regulat ions as theSecretary concerned may prescribe, a memberof 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 ismade to any civil authority of a personundergoing sentence of a court-martial, the

delivery, if followed by conviction in a civiltribunal, interrupts the execution of thesentence of the court-martial, and the offenderafter having answered to the civil authorities forthis offense shall, upon the request ofcompetent military authority, be returned tomilitary custody for the completion of hissentence.

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, the commander 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 will be explained in greater detaillater in this chapter under “Nonjudicial Punishment.”

Art. 25. Who May Serve on Courts-Martial

Any commissioned officer, includingcommissioned warrant officers, on active duty with thearmed forces is eligible to serve on a court-martial. Anywarrant officer on active duty with the armed forces iseligible to serve on a general court-martial (GCM) andspecial court-martial (SPCM) for the trial of any person,other than a commissioned officer. Any enlisted personon active duty with the armed forces who is not amember of the same unit as the accused is eligible toserve on general and special courts-martial for the trialof enlisted persons. However, enlisted personnel mayserve as a member of a court-martial only if, before theassembling of such court, the accused has personallyrequested in writing that enlisted personnel serve asmembers of the court.

Art. 27. Detail of Trial Counsel and DefenseCounsel

Each general and special court-martial must have atrial counsel and a defense counsel, with such assistantsas the convening authority deems necessary. The termscounsel, trial counsel, anddefense counselshould beinterpreted to mean the detailed counsel named in the

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Student Notes:

convening order. The termindividual counselrefers tothe military counsel selected by the accused or thecivilian counsel provided by the accused at his/her ownexpense.

The trial counsel and defense counsel detailed for ageneral court-martial must have equivalent legalqualifications. Each must be a judge advocate of theArmy, Navy, Air Force, or Marine Corps who is agraduate of an accredited law school or is a member ofthe bar of a federal court or of the highest court of a state.Each must be certified as competent to perform suchduties by the Judge Advocate General of the armedforces of which he/she is a member. A civilian counselmust be a member of the bar 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 geographical locationor pressing military requirements. If qualified defensecounsel cannot be obtained, the court may be convenedand the trial held. The convening authority makes awritten statement that states why qualified counselcannot be obtained. The following conditions must bemet:

• 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 a judge 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:

• You cannot be forced to answer questions or 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 have tomake any statement; and that if you do, it can beused against you.

• You cannot be forced to make a statement or giveevidence in a trial that is not related to the case orthat 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 Action ofCourt

(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 the proceedings. No person subjectto this chapter may attempt to coerce or, by anyunauthorized means, influence the action of acourt-martial or any other military tribunal orany member thereof, in reaching the findingsor sentence in any case, or the action of anyconvening, approving, or reviewing authoritywith respect to his judicial acts.

Article 37 is designed to ensure that every court,its members, and its officers are completely free tofulfill their 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 prove beyond 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 a plea of guilty. The many duties of the trialcounsel vary widely beginning at the time of assignmentto the trial. The duties change throughout thepreparation for trial, the trial itself, and the preparationand disposition of the record of trial.

All accused persons have the right to be representedbefore 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 is selected, the accused must pay the counsel’sexpenses. If the accused prefers to select a civiliancounsel, the detailed counsel and assistant counsel actas associate counsel if the accused so desires; 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 the body. The use of irons is alsoprohibited except for the purpose of safe custody.

Punitive Articles of the UCMJ

The punitive articles of theUCMJ are thosenumbered 77 through 134. They are the laws ofCongress telling you what you must do and must not do,under pain of punishment.

What about civil laws? Can you be given militarypunishment for nonmilitary offenses? Yes, you can. Forexample, the onlyUCMJ regulations againstdrunkenness are for drunken driving and being drunk onduty. Many civilian communities, though, have lawsagainst public intoxication. If you are found guilty incivil court and spend time in 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 willfully refuse to pay just debts, you will bewarned to pay them by your commanding officer.Continued failure to pay your debts can lead to anundesirable type of discharge. The Navy has no use forpeople who don’t exhibit integrity and honesty. On the

other hand, if unscrupulous dealers are gouging you, seeyour legal officer for assistance.

The punitive articles that follow are those that youare required to know. If you have any questions abouttheir meaning, ask your division officer for guidance.

Art. 77. Principals

The mere fact that a person is at the scene of a crimedoes not make the person a principal. To be a principalof a crime, the person must be guilty of intent to aid orencourage the person(s) who committed the crime.

A person who witnesses a crime can be a principal.Evidence must show the witness had a duty to interfereand the witness’s noninterference was intended tooperate and did operate to encourage or protect theperpetrator.

A person may be a principal 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 be punished as a court-martialmay direct.

A person who voluntarily gives an escaped prisonerprovisions 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.

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

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Student Notes:

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) Any person subject to this chapter whoattempts to commit any offense punishable bythis chapter shall be punished as a court-martialmay direct, unless otherwise specificallyprescribed.

(c) Any person subject to this chapter maybe convicted of an attempt to commit an offensealthough it appears on the trial that the offensewas consummated.

An accused may be guilty of an attempt even thoughthe crime turns out to be impossible to commit becauseof an outside intervening circumstance. For example, apickpocket who puts a hand in the pocket of anotherperson with the intent to steal a billfold is guilty of an

attempt to commit larceny, even though the pocket isempty.

Art. 81. Conspiracy

Conspiracyis defined as an agreement between twoor more persons to commit a crime. Conspiracy refers tosuch a plan by a group whose intent usually is to commita crime of a bold nature, such as overthrowing agovernment.

The agreement in a conspiracy need not be formal.The agreement need only be a common understandingin the minds of the parties to accomplish the objective ofthe conspiracy.

Art. 82. Solicitation

(a) Any person subject to this chapter whosolicits or advises another or others to desert inviolation of…(article 85) or mutiny in violationof…(article 94) shall, if the offense solicited oradvised is attempted or committed, be punishedwith 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) Any person subject to this chapter 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, be punishedwith 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 meansthan by word of mouth or by writing. Any act or conductthat may reasonably be considered as a serious requestor advice to commit one of the offenses named in thearticle may constitute solicitation. The accused 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 the armed forces by knowinglyfalse representation or deliberate concealmentas to his qualifications for that enlistment orappointment and receives pay or allowancesthereunder; or

(2) procures his own separation from thearmed forces by knowingly false representationor deliberate concealment as to his eligibilityfor that separation;

shall be punished as a court-martial may direct.

An essential element of the offense of fraudulentenlistment or appointment is that the accused shall havereceived pay or allowances while under 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 a branchof the armed forces is subject to theUCMJ. The accusedis subject to theUCMJwhile in the custody of the armedforces 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 the armed forces of any personwho is known to him to be ineligible for thatenlistment, appointment, or separation becauseit is prohibited by 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 organizationwith the intent to remain away permanently are guilty ofdesertion.

The status of an absentee changes to that of adeserter after 30 days of absence, or sooner if the intentto desert is apparent. For example, suppose a Navymember goes ashore without permission, taking allpersonal belongings and announcing to shipmates thathe/she is leaving the service for good. That person couldbe immediately declared a deserter.

After an individual is declared a deserter,notification is forwarded to the next of kin, the deserter’shometown police, and various other law enforcementagencies, including the FBI. Deserters are nearlyalways caught and identified because of nationwidefingerpr int ing and ident i ficat ion pract ices.Furthermore, expenses incurred in the return of thedeserter to military control are chargeable to thereturned absentee.

The effects of desertion can be many; some can besevere. If tried and convicted of desertion, the deserter isalmost certainly imprisoned; in time of war, the desertermay be executed. A person whose conviction ofdesertion in time of war results in a dishonorabledischarge can never hold any office of 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 be punished as a court-martial may direct.

This article covers every case not provided for in theother 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:

Make sure you avoid the bad habit of taking the last

bus, train, or plane when returning from leave. Always

allow time for unexpected delays.

Art. 87. Missing Movement

Any person subject to this chapter whothrough neglect or design misses the movementof a ship, aircraft, or unit with which he isrequired in the course of duty to move shall bepunished as a court-martial may direct.

Provisions of article 87 should be self-explanatory.

However, note that the violator, to be found guilty, need

not have known the exact hour or even the exact date of

the scheduled movement. If a person had knowledge of

only the approximate date, the court may convict the

absentee on the charge of missing movement. Missing

movement is a serious offense in the Navy. It leaves the

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 words against the President, 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 inwhich he is on duty or present shall be punishedas a court-martial may direct.

Art. 89. Disrespect Toward SuperiorCommissioned Officer

Any person subject to this chapter whobehaves with disrespect toward his superiorcommissioned officer 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 commissionedofficer or lifts up any weapon or offers anyviolence against him while he is in theexecution of his office; or

(2) willfully disobeys a lawful commandof his superior commissioned officer;

shall be punished, if the offense is committed intime of war, by death or such other punishmentas a court-martial may direct, and if the offenseis committed at any other time, by suchpunishment, other than death, as a court-martialmay direct.

An officer is in the “execution of his office” whenperforming any act the officer is required or authorizedto do. Note that the article is not confined to striking asuperior commissioned officer; it takes in brandishing aweapon or waving a fist at that officer.

Willful disobedience, as used here, meansintentional defiance of a lawful order. You mustpresume that any order given by an officer is legal. If youdisobey because you think otherwise, you do so at yourown risk. It is better to do your questioning after youhave carried out the order.

Art. 91. Insubordinate Conduct TowardWarrant Officer, Noncommissioned Officer, orPetty Officer

Any warrant officer or enlisted memberwho

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

(2) willfully disobeys the lawful order of awarrant officer, noncommissioned officer, orpetty officer; or

(3) treats with contempt or isdisrespectful in language or deportment towarda warrant officer, noncommissioned officer, or

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Student Notes:

petty officer, while that officer is in the

execution of his office;

shall be punished as a court-martial may direct.

This article has the same general objectives withrespect to warrant officers, noncommissioned officers,and petty officers as articles 89 and 90 have with respectto commissioned officers. Namely, it ensures obedienceto their lawful orders and 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 lawful

general order or regulation;

(2) having knowledge of any other lawful

order issued by a member of the armed forces,

which it is his duty to obey, fails to obey the

order; or

(3) is derelict in the performance of his

duties;

shall be punished as a court-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 officer having general court-martial jurisdiction, ageneral or flag officer in command, or a commandersuperior to one of these may also issue it.

Disobedience of “any other lawful order” requiresthat the person must have had a duty to obey the orderand must have had knowledge of the order. An accusedmay be charged with disobedience of the lawful order ofone not a superior, provided the accused had a duty toobey such order. Examples are lawful orders of asentinel or of members of the armed forces police.

Dereliction in the performance of duties occurswhen a person willfully or negligently fails to performthem or performs them in a culpably inefficient manner.To be guilty of inefficiency, an accused must have hadthe ability and opportunity to perform the assigned

duties efficiently, but performed them inefficientlynevertheless.

Art. 93. Cruelty and Maltreatment

Any person subject to this chapter who isguilty of cruelty toward, or oppression ormaltreatment of, any person subject to hisorders shall be punished as a court-martial maydirect.

The cruelty, oppression, or maltreatment must bereal, although not necessarily physical. To assault and tosubject to improper punishment are examples of thisoffense. The assignment of necessary or proper dutiesand the requirement for their correct performance willnot constitute this offense even though such duties maybe 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 cause the overthrowor destruction of lawful civil authority,creates, in concert with any other person,revolt, violence, or disturbance against thatauthority is guilty of sedition;

(3) fails to do his utmost to prevent andsuppress a mutiny or sedit ion beingcommitted in his presence, or fails to take allreasonable means to inform his superiorcommissioned officer or commanding officerof a mutiny or sedition which he knows or hasreason to believe is taking place, is guilty of afailure to suppress or report a mutiny orsedition.

(b) A person who is found guilty ofattempted mutiny, mutiny, sedition, or failure tosuppress or report a mutiny 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, releases any 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 as provided by law, apprehends, arrests,or confines any person shall be punished as acourt-martial may direct.

Art. 98. Noncompliance with Procedural Rules

Any person subject to this chapter who—

(1) is responsible for 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 be punished as a court-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, which it is his duty to defend;

(3) through disobedience, neglect, orintentional misconduct endangers the safety 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 place under control of the armed forces;

(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 whocompels or attempts to compel the commanderof 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 theUCMJ whoassumes the authority to surrender a military force orposition when that person is not authorized to do soeither by competent authority or by the necessities ofbattle.

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Student Notes:

Art. 101. Improper Use of Countersign

Any person subject to this chapter who intime of war discloses the parole or countersignto any person not entitled to receive it or whogives to another who is entitled to receive anduse the parole or countersign a different 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 word designated by the principalheadquarters of a command to aid guards and sentinelsin their scrutiny of persons who apply to pass the lines.It consists of a secret challenge and a password. Aparoleis a word used as a check on the countersign; it isimparted only to those who are entitled to inspectguards and to commanders of guards.

Art. 102. Forcing a Safeguard

Any person subject to this chapter forces asafeguard shall suffer death or such otherpunishment as a court-martial may direct.

A safeguardis a detachment, guard, or detailposted by a commander. It protects persons, places, orproperty of the enemy or of a neutral affected by therelationship of the opposing forces in their prosecutionof war or during a state of conflict. The term alsoincludes a written order left by a commander with anenemy subject or posted upon enemy property for theprotection of the individual or property concerned. Theeffect of a safeguard is a pledge of honor by a nationthat its armed force will respect the person or propertyconcerned.

Art. 103. Captured or Abandoned Property

(a) All persons subject to this chapter willsecure all public property taken from theenemy for the service of the United States, andshall give notice and turn over to the properauthority without delay all captured orabandoned property in their possession,custody, or control.

(b) Any person subject to this chapterwho—

(1) fails to carry out the duties

prescribed in subsection (a);

(2) buys, sells, trades, or in any way

deals in or disposes of captured or abandoned

property, whereby he receives or expects any

profit, benefit, or advantage to himself or

another directly or indirectly connected with

himself; or

(3) engages in looting or pillaging;

shall be punished as a court-martial may

direct.

Immediately upon its capture from the enemy,

public property becomes the property of the United

States. Persons subject to military law have an

immediate duty to take those steps within their power

and functions to secure such property to the service of

the United States. They then have the duty to protect

that property from destruction or loss.

Art. 104. Aiding the Enemy

Any person who—

(1) aids, or attempts to aid, the enemywith arms, ammunition, supplies, money orother things; or

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

shall suffer death or such other punishment as acourt-martial or military commission maydirect.

This article applies to all persons whether or not

they are otherwise subject to military law. Enemy

denotes citizens as well as members of military

organizations. All the citizens of hostile nations, as

well as 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 the purpose of securing favorabletreatment by his captors acts without properauthority in a manner 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 without justifiablecause; shall be punished as a court-martial maydirect.

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 the controlor jurisdiction of any of the armed forces, or inor about any shipyard, any manufacturing orindustrial plant, or any other place or institutionengaged in work in aid of the prosecution of thewar by the United States, or elsewhere, shall betried by a general court-martial or by a militarycommission and on conviction shall bepunished by death.

The wordsany personbrings within the jurisdictionof courts-martial and military commissions all personsof whatever nationality or military or civilian whocommit the offense of spying.

Art. 106a. Espionage

Any person subject to this chapter who,with intent or reason to believe that it is to beused to the injury of the United States or to theadvantage of a foreign nation, communicates,del ivers, or transmits, or attempts tocommunicate, deliver, or transmit, to any entitydescribed … either directly or indirectly, anything described … shall be punished as acourt-martial may direct, except that if theaccused is found guilty of an offense thatdirectly concerns nuclear weaponry, military

spacecraft or satellites, early warning systems,or other means of defense or retaliation againstlarge scale attack, war plans, communicationsintelligence or cryptographic information, orany other major weapons system or majorelement of defense strategy, the accused shallbe punished by death or such other punishmentas 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 officialdocument, knowing it to be false, or makes anyother false official statement knowing it to befalse, shall be punished as a court-martial maydirect.

Several articles of theUCMJ provide for thepunishment of untruths: articles 83 and 84 (fraudulentand unlawful enlistment, appointment, or separation),article 107 (false statements), article 131 (perjury), andarticle 132 (fraud). You can see how highlytruth isregarded in the military service.

A statement, whether oral or in writing, is officialwhen it is made pursuant to regulations. A statement isalso official when made in response to a request orquestion from one’s commanding officer or a personacting under the commanding officer’s authority.Official statements thus include all those made in theline of duty.

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

Any person subject to this chapter who, withoutproper authority—

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Student Notes:

(1) sells or otherwise disposes of;

(2) willfully or through neglect damages,destroys, or loses; or

(3) willfully or through neglect suffers tobe lost, damaged, sold, or wrongfully disposedof;

any military property of the United States,shall be punished as a court-martial maydirect.

Whether the property in question was issued to theaccused, whether it was issued to someone other thanthe accused, or whether it was issued at all isimmaterial.

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

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

Any person subject to this chapter whowillfully or recklessly wastes, spoils, orotherwise willfully and wrongfully destroys ordamages any property other than militaryproperty of the United States shall be punishedas 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 onlysufficiently damaged to be useless for the purpose forwhich it was intended.Damageconsists of anyphysical injury to the property. The property must beother than military property of the United States andmust belong to one other than the accused.

Art. 110. Improper Hazarding of Vessel

(a) Any person subject to this chapter whowillfully and wrongfully hazards or suffers tobe hazarded any vessel of the armed forces

shall suffer death or such punishment as acourt-martial may direct.

(b) Any person subject to this chapter whonegligently hazards or suffers to be hazardedany vessel of the armed forces shall bepunished as a court-martial may direct.

The word suffersmeans to allow or permit. Aperson suffers a ship to be hazarded who, although notin direct control of the vessel, knows a danger to beimminent but takes no steps to prevent it. For example,a plotting officer of a ship under way inadvertently failsto report observation of a radar target on a collisioncourse with, and dangerously close to, the ship. Theofficer has negligently 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 a substance described in… (article112a(b)), shall be punished as a court-martialmay direct.

Operating a vehicle includes not only driving orguiding it while in motion, it also includes starting 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 reckless operation of water or airtransportation may be charged as a violation of article134. For the meaning ofdrunk(en), see the remarksfollowing article 112.

Art. 112. Drunk on Duty

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

The termon dutyin article 112 refers to routine ordetailed duties on board a ship or station. The term doesnot cover periods of leave or liberty (which come undera different article), but does include duties of a standbynature. A person whose mental or physical abilities areimpaired by either liquor or drugs may be considereddrunk.

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Student Notes:

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

(a) Any person subject to this chapter whowrongfully uses, possesses, manufactures,distributes, imports into the customs territory ofthe United States, exports from the UnitedStates, or introduces into an installation, vessel,vehicle, or aircraft used by or under the controlof the armed forces a substance described insubsection (b) shall be punished as acourt-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) Any other substance not specifiedin clause (1) or contained on a list prescribedby the President under clause (2) that is listedin schedules I through V of section 202 of 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 found drunkor sleeping upon his post, or leaves it beforebeing regularly relieved, shall be punished, ifthe offense is committed in time of war, bydeath or such other punishment as acourt-martial may direct, but if the offense is atany other time, by such punishment other thandeath as a court-martial may direct.

Some actual or imaginary line does not limit a post,nor is it confined to those times when you may be onwatch as a sentry. This article covers all periods whenyou are standing a watch of any kind, such as guardingstores or prisoners or acting as a bow lookout. It also

covers periods when you are performing any other duty

that requires you to remain alert at all times.

A sentinel on post who is found asleep or drunk is

guilty of a serious offense. In time of war, the offense

may be punishable by death. For persons in the armed

forces, drunkenness is prejudicial to good order and

discipline whenever and wherever it appears. Being

drunk in public, whether a person is in uniform or

civilian clothes, may bring discredit upon the service,

while being drunk on station is a breach of military

discipline. But being drunk while on duty as a sentinel

or lookout in time of war endangers every person in the

command.

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

Any person subject to this chapter who forthe 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 may direct.

Malingering is an offense defined as any act to

avoid duty by feigning (pretending) to be ill or

physically/mentally disabled.

Art. 116. Riot or Breach of Peace

Any person subject to this chapter whocauses or participates in any riot or breach ofthe peace shall be punished as a court-martialmay direct.

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Student Notes:

The termriot is used when a disturbance is causedby 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 means that disturbs the peace of thecommunity. Engaging in a fight and using abusivewords in public are examples of breach of the peace. 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 whouses provoking or reproachful words orgestures towards any other person subject tothis chapter shall be punished as a court-martialmay direct.

Art. 118. Murder

Any person subject to this chapter who,without justification or excuse, unlawfully killsa human being, when he—

(1) has a premeditated design to kill;

(2) intends to kill or inflict 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 bodilyharm, unlawfully kills a human being in theheat of sudden passion caused by adequateprovocation is guilty of voluntary manslaughter

and shall be punished as a court-martial may

direct.

(b) Any person subject to this chapter who,

without an intent to kill or inflict great bodily

harm, unlawfully kills a human being—

(1) by culpable negligence; or

(2) while perpetrating or attempting to

perpetrate an offense, other than those named

in clause (4) of… article 118, directly

affecting the person;

is guilty of involuntary manslaughter and shall

be punished as a court-martial may direct.

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

Voluntarymanslaughter is the unlawful killing ofanother when there is intent to kill or inflict great bodilyharm, but the act is committed in the heat of suddenpassion caused by adequate provocation.

Involuntarymanslaughter is the unlawful killing ofanother committed without intent to kill or inflict greatbodily harm.

Art. 120. Rape and Carnal Knowledge

(a) Any person subject to this chapter who

commits an act of sexual intercourse, by force

and without consent, is guilty of rape and shall

be punished by death or such other punishment

as 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 a

female not his wife who has not attained the age

of sixteen years, is guilty of carnal knowledge

and shall be punished as a court-martial may

direct.

(c) Penetrat ion, however sl ight, is

sufficient to complete either of these offenses.

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Student Notes:

Art. 121. Larceny and WrongfulAppropriation

(a) Any person subject to this chapter who

wrongfully takes, obtains, or withholds, by any

means, from the possession of the owner or of

any other person any money, personal property,

or article of value of any kind—

(1) with intent permanently to depriveor defraud another person of the use andbenefit of property or to appropriate it to hisown use or the use of any person other than theowner, steals that property and is guilty oflarceny; or

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

(b) Any person found guilty of larceny or

wrongful appropriate shall be punished as a

court-martial may direct.

Art. 122. Robbery

Any person subject to this chapter whowith intent to steal takes anything of value fromthe person or in the presence of another, againsthis will, by means of force or violence or fear ofimmediate or future injury to his person orproperty or to the person or property of arelative or member of his family or of anyone inhis company at the time of the robbery, is guiltyof 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 a legal liability onanother or change his legal right or liability tohis prejudice; or

(2) utters, offers, issues, or transfers sucha 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 a check payable to the order of a certain personcomes 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.

Some of the instruments most frequently subject toforgery are checks, orders for delivery of money orgoods, military orders directing travel, and receipts. Awriting may be falsely “made” by materially altering anexisting writing; by filling in or signing the blanks 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 any other 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 thetime that the maker or drawer has not or will nothave sufficient funds in, or credit with, the bankor other depository for the payment of thatcheck, draft, or order in full presentment, shallbe punished as a court-martial may direct….

This article provides specific statutory authority forthe prosecution of bad-check offenses. In the absence ofevidence indicating otherwise, bad faith might beshown by the maker’s or drawer’s failure to effectredemption within the 5-day period provided for in thearticle. The offense of wrongfully and dishonorably

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Student Notes:

failing 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,inflicts upon the person of another an injurywhich

(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;

is guilty of maiming and shall be punished as acourt-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 alsoincludes cutting off a person’s ear or scaring a person’sface, as these injuries seriously disfigure the person.Injuring an internal organ so as to seriously diminish thephysical vigor of a person is also considered maiming.

Art. 125. Sodomy

(a) Any person subject to this chapter whoengages in unnatural carnal copulation withanother person of the same or opposite sex orwith an animal is guilty of sodomy. Penetration,however slight, is sufficient to complete theoffense.

(b) Any person found guilty of sodomyshall be punished as a court-martial may direct.

Art. 126. Arson

(a) Any person subject to this chapter whowillfully and maliciously burns or sets on firean inhabited dwelling, or any other structure,movable or immovable, wherein to theknowledge of the offender there is at the time ahuman being, is guilty of aggravated arson andshall be punished as court-martial may direct.

(b) Any person subject to this chapter whowillfully and maliciously burns or sets fire tothe property of another, except as provided insubsection (a), is guilty of simple arson andshall be punished as a court-martial may direct.

In aggravated arson, danger to human life is theessential element; in simple arson, it is injury to theproperty of another. In either case, the fact that no one isinjured 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, the essential element of the offense beingthe knowledge of the threat to the victim. Anacquittance is, in general terms, a release or dischargefrom an obligation.

Art. 128. Assault

(a) Any person subject to this chapter 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 the offense of simple assault.Swinging your fist, pointing a gun at a person, or raising

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Student Notes:

a club over someone’s head, even though no harm isactually done, is each an act of simple assault. When thethreat is consummated and force is applied to the victim,the offense becomes assault and battery.

Section (b) describes aggravated assault, of whichthere are two types. The first is assault with a dangerousweapon and other means of force likely to kill orgrievously harm the victim (like shoving a person overthe fantail). The second type takes place when anassailant intentionally inflicts severe bodily harm, withor without a weapon. If, after you have knocked anindividual down, you repeatedly kick him/her so as tobreak the person’s ribs, you have committed aggravatedassault.

Art. 129. Burglary

Any person subject to this chapter who,with intent to commit an offense punishableunder… articles 118 - 128, breaks and enters, inthe nighttime, the dwelling house of another, isguilty of burglary and shall be punished as acourt-martial may direct.

The house must be a dwelling place at the time ofthe breaking and entry, but the residents do not have toactually be in it. A simple act such as opening a closeddoor or window or some other similar fixture or cuttingout the glass of a window or the netting of a screenconstitutes breaking. Entry gained through a trick, falsepretense, impersonation, intimidation, or collusion alsoconstitutes breaking. For the intruder to succeed incarrying out the intent for which the house was brokeninto 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 be punished as a court-martial may direct.

The initial entering must amount to trespassing; thisarticle is not violated if the accused entered the buildingor structure lawfully, even though the person had theintent to commit an offense therein. This offense isbroader than burglary in that the place entered need notbe a dwelling house; also, the place need not be

occupied. A breaking is not essential. The entry may beeither in the nighttime or in the daytime. The criminalintent is not limited to those offenses punishable underarticles 118 through 128.

Art. 131. Perjury

Any person subject to this chapter who in ajudicial 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 as permitted 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 officer thereof; or

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

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

(A) makes or uses any writing or otherpaper knowing it to contain any false orfraudulent statements;

(B) makes any oath to any fact or to anywriting or other paper knowing the oath 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 a certificate orreceipt; or

(4) who, being authorized to make ordeliver any paper certifying the receipt of anyproperty of the United States furnished orintended for the armed forces thereof, makes ordelivers 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 also pertains to the offense of making a writing orother paper known to contain a false statement for thepurpose of obtaining the approval, allowance, orpayment of a claim. The offense is complete when thewriting or paper is made for that purpose, whether or notthe use of either one has been attempted and whether ornot the claim has been presented.

Art. 133. Conduct Unbecoming an Officer anda Gentleman

Any commissioned officer, cadet, ormidshipman who is convicted of conductunbecoming an officer and a gentleman shall 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 upon the armed forces, and crimes andoffenses not capital, of which persons subject tothis chapter may be guilty, shall be takencognizance of by a general, special or summarycourt-martial, according to the nature anddegree of the offense, and shall be punished atthe discretion of that court.

Article 134 makes punishable acts or omissions notspecifically mentioned in other articles. Those actsinclude wearing an improper uniform, abusive use of amilitary vehicle, the careless discharge of a firearm, orimpersonating an officer. They also include offensesinvolving official 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 capitalinclude those actsor omissions, not punishable by another article,denounced as crimes or offenses by enactment ofCongress or under authority of Congress and madetriable in the federal civil courts. Some of these offensesare 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 ofthis chapter shall be carefully explained to eachenlisted member at the time of his entrance onactive duty, or within six days thereafter. Theyshall be explained again after he has completedsix months of active duty, and again at the timewhen he reenlists. A complete text of theUniform Code of Military 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 commandingofficer, and who, upon due application to thatcommanding officer, is refused redress, maycomplain to any superior commissionedofficer, who shall forward the complaint to theofficer exercising general court-martialjurisdiction over the officer 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, as soon as possible, send to the Secretaryconcerned a true statement of that complaint,with the proceedings had thereon.

This article provides for redress of wrongs inflictedby a commanding officer on subordinates, and itprescribes the procedure to be followed by 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 concernedmay prescribe, convene a board to investigatethe complaint. The board shall consist of fromone to 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 bythe board is subject to the approval of thecommanding officer, and in the amountapproved by him shall be charged against thepay of the offenders. The order of thecommanding officer directing charges hereinauthorized is conclusive on any disbursingofficer for the payment by him to the injured

parties of the damages as assessed andapproved.

(b) If the offenders cannot be ascertained,but the organization or detachment to whichthey belong is known, charges totaling theamount of damages assessed and approved maybe made in such proportion as may beconsidered just upon the individual membersthereof who are shown to have been 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 officer or petty officermay put you on report. Beingput on reportmeans youmay 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 regulat ions as thePresident may prescribe, and under suchadditional regulations as may be prescribed bythe Secretary concerned, limitations may beplaced on the powers granted by this articlewith respect to the kind and amount ofpunishment authorized, the categories ofcommanding officers and warrant officersexercising command authorized to exercisethose powers, the applicability of this article toan accused who demands trial by court-martial,and the kinds of courts-martial to which thecase may be referred upon such a demand.However, except in the case of a memberattached to or embarked in a vessel, punishmentmay not be imposed upon any member of thearmed forces under this article if the memberhas, before the imposition of such punishment,demanded trial by court-martial in lieu of suchpunishment. Under similar regulations, rulesmay be prescribed with respect to thesuspension of punishments authorizedhereunder. If authorized by regulations of the

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Student Notes:

Secretary concerned, a commanding officerexercising general court-martial jurisdiction oran officer of general or flag rank in commandmay delegate his powers under this article to aprincipal assistant.

(b) Subject to subsect ion (a) anycommanding officer may, in addition to or inlieu of admonition or reprimand, impose one ormore of the following disciplinary punishmentsfor minor offenses without the intervention of acourt-martial…

Commanding officer’s nonjudicial punishment isoften referred to as captain’s mast. Captain’s mast getsits name from the old sailing days when the setting forthis form of naval justice was the weather 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. Figure2-3 shows the punishment 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 be required to perform extra duties or hardlabor. A typical example is an individual who is free tocarry out regular duties during the day but is confined ina confinement facility at night.

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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

diminished rations

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.

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

EXTRA DUTY.—Extra duty is the assignment 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.Petty officers may not be assigned extra duties thatwould demean their gradeor 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 bedetained for aperiod of 1 year.

APPEALS.—If personsconsider their punishmentunder article15 to beunjust or out of proportion to theoffense, they may appeal to thenext superior authorityin the chain of command. The appeal must be madewithin a reasonable time (generally 5 days) andpromptly forwarded. If the superior authority upholdsthe appeal, all rights, privileges, and property arerestored.

PROTECTION AGAINST SELF-INCRIMI NATION .—Under article 31 of the UCMJ,compulsory self-incrimination is prohibited. Theaccused must be informed of the nature of the chargesagainst him/her. Theaccused must also beadvised thathe/she does not have to make any statement regardingthe offense of which accused, but that any statementmademay beused asevidenceagainst him/her in atrialby court-martial.Nostatement obtainedthroughtheuseof coercion, unlawful influence, or unlawfulinducement may be used as evidence against theaccused.

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 haveearned them.

Article 1107 of Navy Regs grants the right for anyperson to communicate with the commanding officer.Youcan’t just walk up to thecaptain, however, andstart

talking. For the purpose of hearing valid requests orcomplaints from crew members, the CO sets certaintimes aside. This practice is called request mast. Theperson having a request or grievance should first try toresolve the problem through the chain of command.Failing that, theperson may request mast.

COURTS-MARTIAL

Basedonarticle16of theUCMJ, courts-martial areof three types: summary, special, and general. Thecaptaindecidesthetypeof court-martial toawardbasedon thenature, time, and placeof theoffense.

Summary Courts-Martial

A summary court-martial consists of onecommissioned officer. If thecommanding officer is theonly officer with the command, that officer acts as thesummary court officer. A summary court canawardanysentencethat may begivenat mast. It canalsoawardtheadditional punishmentsof confinement for 1monthandhard labor without confinement for 45days.Any personawarded confinement at a summary court-martial willthen beheld, 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.

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Student Notes:

General Court-Martial

A general court-martial consists of a military judgeand not less than five members; or only a military 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.

All accused persons have the right to be representedbefore special and general courts-martial by defensecounsel. This counsel may be a civilian or a militarylawyer selected by the accused or a defense counselappointed by the convening authority. If a civiliancounsel is selected, the accused must pay the counsel’sexpenses.

REVIEW 4 QUESTIONS

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

Q2. What chapter of theNavy Regsdeals with rightsand responsibilities?

Q3. Who is responsible for ensuring theNavy Regsconforms to the current needs of the Departmentof the Navy?

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

Q5. The instructions found in the OPNAVINST3120.32 provide guidance and regulations for—

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

Q7. When was theUCMJ signed into law?

Q8. Article 137 of theUCMJ states that certainarticles of the Code must be explained carefullyto every enlisted person at what minimuminterval?

Q9. List the three types of court-martials.

a.

b.

c.

SUMMARY

Discipline is training that develops self-control,character or orderliness, and efficiency.Justice isimpartiality—fairness.Conduct is the way oneacts—behavior. We all deal with discipline, justice, andconduct in our day-to-day dealings as members of theU.S. Navy. We have certain standards of behavior, bothon and off duty, by which we must abide. Our justicesystem sets those standards of behavior; therefore, itshould not intimidate us.

We also have standards of conduct by which wemust abide if we are taken prisoner. These standards arefundamental 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 efficient fire orrepair parties that have kept many of them afloat aftermajor damage. Imagine the panic that would take place

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Student Notes:

if Sailors didn’t have the discipline, self-control, andefficiency they have been taught.

Our justice system has its own checks and balances.For example, if a person does something wrong, thecommanding officer is restricted as to the type ofpunishment he/she may award. A person also has a rightto appeal punishment awarded—a right all peopleenjoy. A person also has the right to communicate withthe commanding officer.

Our justice system protects us. Because of navalregulations and standards of conduct, we know what theNavy expects of us. Our conduct, both on and off duty,should reflect our pride in the Navy and in our unit.

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. To succeed in your work in the Navy, you shouldvalue and take part inteamwork.

A4. The Code of Conduct was established togovernsituations where Sailors were prisoners ofwar.

A5. There aresix articles in the Code of Conduct.

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

REVIEW 2 ANSWERS

A1. In the Navy, the military police are known as theshore patrol.

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

A3. When military police are from different armed

forces and combined to form one unit, they are

known as anArmed Forces Police Detachment

(AFPD).

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

a. Render assistance to military personnelashore

b. Maintain good order and discipline amongmilitary personnel

c. Report conditions or practices that appearprejudicial to the welfare of militarypersonnel

REVIEW 3 ANSWERS

A1. Motivation and correction through reward

and punishmentare used to help Sailors work

as a unit.

A2. The purpose of discipline in the military isto

bring about an efficient military organization .

A3. Deterrent theory of punishment is used by the

Navy.

A4. The two things a recipient of Navy punishment

should remember are—

a. Punishment is a result of their behavior.

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

REVIEW 4 ANSWERS

A1. Chapter 10 of the Navy Regsdeals with your

responsibility and authority while carrying out

orders.

A2. Chapter 11 of the Navy Regsdeals with your

rights and responsibilities.

A3. Chief of Naval Operations is responsible for

making sure that theNavy Regsconform to the

current needs of the Department of the Navy.

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Student Notes:

A4. Secretary of the Navy issues and the PresidentapprovesnewNavy Regsand changes toNavyRegs.

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

A6. The purpose for developing and signing into lawthe Uniform Code of Military Justicewas tostandardize legal procedure and disciplinethroughout all branches of service.

A7. TheUCMJwas signed into law on31 May 1951.

A8. Article 137 of theUCMJ states that certainarticles of the Code must be explained carefully

to every enlisted personat the time of 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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CHAPTER COMPREHENSIVE TEST

1. Which of the following are sources that setforth the basic disciplinary laws for the U.S.Navy?

1. U.S. Navy Regulations2. Standard Organization and Regulations of

the U.S. Navy3. Uniform Code of Military Justice (UCMJ)4. Each of the above

2. Which of the following characteristics aretraits of a good Sailor?

1. Puts the good of the ship and the Navyabove personal likes and dislikes

2. Obeys the rules of military courtesy andetiquette

3. Demonstrates loyalty, self-control,honesty, and truthfulness

4. All of the above

3. In what year was the Code of Conduct firstprescribed?

1. 19652. 19553. 19454. 1935

4. The Code of Conduct was adopted to provideguidance for service personnel in which of thefollowing circumstances?

1. When stationed on foreign soil2. When traveling at home and abroad3. When facing the enemy as prisoners of war4. All of the above

5. In what year was Executive Order 12633issued amending the Code of Conduct to useneutral-gender language?

1. 19872. 19883. 19894. 1990

6. How many articles make up the Code ofConduct?

1. Two2. Four3. Six4. Eight

7. When, if ever, may you voluntarily surrenderto the enemy?

1. If alone and completely isolated fromfriendly troops

2. If no longer able to inflict casualties on theenemy

3. If able to detain the enemy and let othersescape capture

4. Never

8. Who may be assigned shore patrol duties?

1. Officers only2. Petty officers only3. Officers and petty officers4. All Navy personnel

9. In areas where different armed services arelocated, the military police from each servicemay be combined to form one unit. What termidentifies this unit?

1. Armed Forces Police Department2. Armed Forces Police Detachment3. Armed Forces Police Service4. Armed Forces Police Group

10. Aboard ship, the master-at-arms (MAA) forceis headed by the chief master-at-arms(CMAA). The CMAA works directly forwhich of the following officers?

1. Weapons officer2. Security officer3. Executive officer4. Administrative officer

11. Discipline training develops which of thefollowing personal traits?

1. Character2. Efficiency3. Self-control4. All of the above

12. Discipline is important to the Navy for whichof the following reasons?

1. To instill fear of punishment2. To decrease command responsibility3. To provide punishment for wrongdoers4. To enable personnel to function as a unit

with a high degree of efficiency

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13. Punishment is administered in the Navy forwhich of the following reasons?

1. To serve as an object lesson to thewrongdoer and others

2. To pacify those who have suffered a wrong3. To correct a wrong4. To avenge a wrong

14. What chapter of theUnited States NavyRegulationsdescribes the rights andresponsibilities of all Navy members?

1. 122. 113. 104. 9

15. What person is responsible for making surethat theNavy Regsconforms to the currentneeds of the Department of the Navy?

1. The Secretary of the Navy2. The Judge Advocate General3. The Chief of Naval Operations4. The Commandant of the Marine Corps

16. Navy Regsand changes to it are issued by theSecretary of the Navy after what personapproves them?

1. The President2. The Vice President3. The Attorney General4. The Chairman of the Joint Chiefs of Staff

17. Failure to obey any regulation subjects theoffender to charges under whatUCMJ article?

1. 912. 923. 934. 94

18. What article of theNavy Regslists thepublications that must be made available uponrequest by any active-duty person?

1. 10202. 10103. 09174. 0818

19. What article of theNavy Regsgives officersthe authority necessary to perform theirduties?

1. 10212. 10233. 10254. 1033

20. Navy Regs, article 1033, Authority in a Boat,provides which of the following officers theauthority and responsibility over all personsembarked?

1. The senior line officer eligible forcommand at sea

2. The junior line officer eligible forcommand at sea

3. The senior staff officer4. The junior staff officer

21. Which of the followingNavy Regulationsarticles outlines the authority of a sentry?

1. 10372. 10383. 10524. 1053

22. You may not be ordered to active duty withoutthe permission of which of the followingpersons?

1. Commandant of the Marine Corps2. Commandant of the Coast Guard3. Chief of Naval Operations4. Chief of Naval Personnel

23. Navy Regulations, article 1104, Treatment andRelease of Prisoners, prohibits cruel and/orunusual treatment. According to this article,prisoners must be checked on at whatminimum interval?

1. 10 hours2. 8 hours3. 6 hours4. 4 hours

24. During a Saturday duty day, one of yourshipmates asks you to change watches withhim/her. You agree but fail to get permissionfrom proper authority. Under what article ofNavy Regscould you be charged?

1. 11382. 11343. 11334. 1129

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25. Sexual harassment is offensive and illegal.Under what article ofNavy Regsmay a personbe charged with sexual harassment?

1. 11662. 11643. 11624. 1160

26. Aboard your ship or station, you could find theregulatory articles of theStandardOrganization and Regulations of the U.S. Navyposted in which of the following locations?

1. On bulletin boards2. In the log room3. On the quarterdeck4. All of the above

27. Ships arriving in U.S. territory after visiting aforeign port are subject to customs inspection.Which of the following personnel mustcomplete a customs declaration?

1. Only personnel possessing articles with amonetary value that exceeds $50

2. Enlisted personnel only3. Officer personnel only4. All hands

28. Actions the officer of the deck may take indealing with intoxicated persons are outlinedin which of the following articles of theStandard Organization and Regulations of theU.S. Navy?

1. 510.212. 510.273. 510.344. 510.44

29. On what date did the originalUniform Code ofMilitary Justicebecome effective?

1. 5 February 19502. 5 May 19503. 31 May 19514. 31 August 1951

30. Article 137 of theUCMJstates, “…certainarticles of the code must be explainedcarefully to every enlisted person…at the timethe person enters active duty and after 6months of active duty.” At what other timeinterval must article 137 be explained?

1. Every 6 months thereafter2. Every 12 months thereafter3. Every 24 months thereafter4. Each time the person reenlists

31. Which of the followingUCMJ articlesexplains the commanding officer’s nonjudicialpunishment?

1. 552. 353. 154. 5

32. When an accused person selects a civiliancounsel, who must bear the expense of suchcounsel?

1. The accused only2. The military only3. The accused and the military4. The accused if convicted, otherwise the

military

33. Petty Officer Pistol, knowing that SN Brushhas committed a robbery, loans Brush a car sothat Brush can return to the ship to establishan alibi. What offense has Petty Officer Pistolcommitted?

1. Accessory after the fact to robbery2. Principal to the offense of robbery3. Conspiracy4. Robbery

34. The status of an absentee changes fromabsence without leave to deserter after howmany days absence?

1. 102. 203. 304. 40

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35. SN Doe oversleeps after having the weekendoff and fails to return to the ship before it gotunder way Monday morning. Under whatUCMJ article can SN Doe be charged?

1. 842. 873. 904. 93

36. If the chief master-at-arms (CMAA) of a shipstrikes the colors to an enemy withoutauthorization by competent authority, theCMAA is in violation of whatUCMJ article?

1. 942. 983. 994. 100

37. Weapons or other public property taken fromcaptured enemy forces becomes the propertyof the

1. enemy2. United States3. person who captured the enemy4. person from whom they were taken

38. Seaman Door tries to bring a small containerof crack cocaine on board his ship. Which ofthe followingUCMJ articles has he violated?

1. 1122. 112a3. 1134. 113a

39. UnderUCMJ, article 116, Riot or Breach ofPeace, the termriot is used when adisturbance is caused by what minimumnumber of people?

1. Six2. Five3. Four4. Three

40. Petty Officer Frost takes a neckerchief fromanother person’s locker, wears it on liberty,and replaces it upon return to the ship. Whatoffense of theUCMJ has Petty Officer Frostcommitted?

1. Purposeful mislocation2. Wrongful appropriation3. Robbery4. Larceny

41. What UCMJ article provides specific statutoryauthority for the prosecution of bad-checkoffenses?

1. 1232. 123a3. 1254. 126

42. If a person considers his/her punishment underUCMJ, article 15, unjust, the person has theright to appeal to the next superior authority inthe chain of command. How many days isgenerally considered reasonable for submittingan appeal?

1. 52. 103. 154. 20

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