Uniform Code of Military Justice

From 7th Cavalry Wiki
Revision as of 18:21, 2 February 2024 by Tharen.R (talk | contribs)
Jump to navigation Jump to search
This is the Document Release Information
Article Number: 7CAV-R-018
Scope: Uniform Code of Military Justice (UCMJ)
Version: Version 1.0
Effective Date: 12 JULY 08
Last Modified Date: DDMMMYYYY
Approving Authority: Regimental Commanding Officer
Point of Contact: Regimental Chief of Staff


UCMJ

The Uniform Code of Military Justice, is the foundation of military law in the 7th Cavalry. All members of the unit, including retired members, are subject to the UCMJ.

History

On 30 June 1775, the Second Continental Congress established 69 Articles of War to govern the conduct of the Continental Army. Effective upon its ratification in 1789, Article I, Section 8 of the United States Constitution provided that Congress has the power to regulate the land and naval forces. On 10 April 1806, the United States Congress enacted 101 Articles of War (which applied to both the Army and the Navy), which were not significantly revised until over a century later. The military justice system continued to operate under the Articles of War until 31 May 1951, when the Uniform Code of Military Justice went into effect. The UCMJ was passed by Congress on 5 May 1950, signed into law by President Harry S. Truman, and became effective on 31 May 1951. The word Uniform in the Code's title refers to the congressional intent to make military justice uniform or consistent among the armed services.

The current version is printed in the latest version of the Manual for Courts-Martial (2008), incorporating changes made by the President (executive orders) and National Defense Authorization Acts of 2006 and 2007.

Acknowledgment

The UCMJ codified for use by 7th Cavalry was adapted from the United States Military Uniform Code of Military Justice. Initial work was performed by 2LT Whitey Mack and was approved for use on July 12, 2008. The source document is UCMJ 64 Stat. 109, 10 U.S.C. ch.47,

Definitions

  • "Chief Judge Advocate General" (CJAG) means the Chief Judge Advocate General of the 7th Cavalry Regiment.
  • "Officer in Charge" means an officer of the 7th Cavalry Regiment designated as such by appropriate authority.
  • "Superior commissioned officer" means a commissioned officer superior in grade or rank of command.
  • "Recruit" means a trooper in training of the 7th Cavalry Regiment.
  • "Accuser" means a person who signs and swears to charges, or any person who directs that charges nominally be signed and sworn to by another person who has an interest other than an official interest in the prosecution of the accused.
  • "Military Judge" means an official of a general or special court- martial.
  • "Commanding Officer" means any commissioned officer of the 7th Cavalry Regiment designated as having command authority in the direct Chain of Command over another member of the 7th Cavalry Regiment. All Commanding Officers have convening authority to impose non-judicial punishment or refer a matter to a court-martial.
  • "Judge Advocate General" (JAG) officer means any commissioned officer of the 7th Cavalry Regiment designated as a member of JAG.
  • "Record", when used in connection with the proceedings of a court-martial means an official written transcript, written summary, or automatic log relating to the proceedings.
  • All members of the 7th Cavalry Regiment are subject to the 7th Cavalry Regiment Uniform Code of Military Justice.
  • A Court Martial Judge shall be a member of 7th Cavalry Regiment with rank of not less than Colonel. The Accuser may not serve as judge.

Nonjudicial punishment

Go to: Article 15 Procedures

Court-Martial

Go to: Courts Martial Procedures

Trial Procedure

  1. The court shall appoint a chairperson.
  2. All evidence for submission to the court must be sent to the Chairperson prior to the court sitting and the Chairperson is to ensure that all parties have a full copy of that evidence before the hearing.
  3. The Chairperson shall be responsible for appointing a court recorder and ensuring an accurate record of events is kept.
  4. The chairperson shall be responsible for delivering a report of the court findings and deliberations to all parties involved including both 7th Cavalry Regiment Commanding Officer and Chief Judge Advocate General on completion of court business.
  5. It will be the duty of the JAG office to advise the accused of his right be represented at the hearing.
  6. Proceedings are not public and it shall be the duty of CJAG to publish on JAG site a précis of the court findings

Punitive Articles

7th Cavalry UCMJ Articles
Section Article Title
§ 877 77 Principals
  • Any person punishable under this chapter who
    1. commits an offense punishable by this chapter or aids, abets, counsels, commands, or procures its commission; or
    2. causes an act to be done which if directly performed by him would be punishable by this chapter; is a principal
§ 878 78 Accessory after the fact
  • Any person subject to this chapter who, knowing that an offense punishable by this chapter has been committed, receives, comforts, or assists the offender in order to hinder or prevent his apprehension, trial, or punishment shall be punished as a court-martial may direct
§ 879 79 Conviction of lesser included offense.
  • An accused may be found guilty of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged or an offense necessarily included therein.
§ 880 80 Attempts
  • An act, done with specific intent to commit an offense under this chapter, amounting to more than mere preparation and tending, even though failing, to effect its commission, is an attempt to commit that offense.
  • Any person subject to this chapter who attempts to commit any offense punishable by this chapter shall be punished as a court-martial may direct, unless otherwise specifically prescribed.
  • Any person subject to this chapter may be convicted of an attempt to commit an offense although it appears on the trial that the offense was consummated
§ 881 81 Conspiracy
  • Any person subject to this chapter who conspires with any other person to commit an offense under this chapter shall if one or more of the conspirators does an act to effect the object of the conspiracy, be punished as a court-martial may direct.
§ 882 82 Solicitation
  • Any person subject to this chapter who solicits or advises another or others to desert in violation of section 885 of this title (article 85) or mutiny in violation of section 894 of this title (article 94) shall, if the offense solicited or advised is attempted or committed, be punished with the punishment provided for the commission of the offense, but, if the offense solicited or advised is not committed or attempted, he shall be punished as a court-martial may direct.
  • Any person subject to this chapter who solicits or advises another or others to commit an act of misbehavior before the enemy in violation of section 899 of this title (article 99) or sedition in violation of section 894 of this title (article 94) shall, if the offense solicited or advised is committed, be punished with the punishment provided for the commission of the offense, but, if the offense solicited or advised is not committed, he shall be punished as a court-martial may direct.
§ 883 83 Fraudulent enlistment, appointment, or separation
  • Any person who—
    1. procures his own enlistment or appointment in the 7th Cavalry Regiment by knowingly false representation or deliberate concealment as to his qualifications for the enlistment or appointment; or
    2. procures his own separation from the 7th Cavalry Regiment by knowingly false representation or deliberate concealment as to his eligibility for that separation; shall be punished as a court-martial may direct
§ 884 84 Unlawful enlistment, appointment, or separation
  • Any person subject to this chapter who effects an enlistment or appointment in or a separation from the 7th Cavalry Regiment of any person who is known to him to be ineligible for that enlistment, appointment, or separation because it is prohibited by law, regulation, or order shall be punished as a court-martial may direct.
§ 885 85 Desertion
  • Any member of the 7th Cavalry Regiment who—
    1. without authority goes or remains absent from his unit, organization, or place of duty with intent to remain away there from permanently;
    2. quits his unit, organization, or place of duty with intent to avoid hazardous duty or to shirk important service; or
    3. without being regularly separated from the 7th Cavalry Regiment enlists or accepts an appointment in another clan without fully disclosing the fact to his Chain of Command except when authorized by the 7th Cavalry Regiment; is guilty of desertion
  • Any commissioned officer of the 7th Cavalry Regiment who, after tender of his resignation and before notice of its acceptance, quits his post or proper duties without leave and with intent to remain away there from permanently is guilty of desertion.
  • Any person found guilty of desertion or attempt to desert shall be punished, if the offense is committed in time of war, by death or such other punishment as a court-martial may direct, but if the desertion or attempt to desert occurs at any other time, by such punishment, other than death, as a court-martial may direct.
§ 886 86 Absence without leave
  • Any member of the 7th Cavalry Regiment who, without authority—
    1. fails to complete their weekly roll call with in the time prescribed;
    2. absents himself or remains absent from his unit, organization, or place of duty at which he is required to be at the time prescribed; shall be punished as a court-martial may direct.
§ 887 87 Missing movement (mandatory meetings without authorization or communicating intent)
  • General Order #4
  • Any person subject to this chapter who through neglect or design misses a section, platoon, company, battalion or regiment mandatory meeting which he is required in the course of duty to attend; without communicating his intentions to miss said meeting or obtaining prior authorization by other means shall be punished as a court-martial may direct.
§ 888 88 Contempt toward another member of 7th Cavalry
  • Any commissioned officer who uses contemptuous words against any other member of the 7th Cavalry Regiment, regardless of rank, shall be punished as a court-martial may direct.
§ 889 89 Disrespect toward superior commissioned officer
  • Any person subject to this chapter who behaves with disrespect toward his superior commissioned officer shall be punished as a court-martial may direct.
§ 890 90 Assaulting or willfully disobeying superior commissioned officer
  • Any person subject to this chapter who—
    1. assaults his superior commissioned officer by written attacks by any medium while he is in the execution of his office; or
    2. willfully disobeys a lawful command of his superior commissioned officer; shall be punished, if the offense is committed in time of war, by death or such other punishment as a court-martial may direct, and if the offense is committed at any other time, by such punishment, other than death, as a court-martial may direct
§ 891 91 Insubordinate conduct toward warrant officer or noncommissioned officer
  • Any warrant officer or enlisted member who
    1. assaults a warrant officer, noncommissioned officer, or higher ranking or superior (by position) enlisted member, while that member is in the execution of his office;
    2. willfully disobeys the lawful order of a warrant officer, noncommissioned officer, or higher ranking or superior (by position) enlisted member; or
    3. treats with contempt or is disrespectful in language or deportment toward a warrant officer, noncommissioned officer, or higher ranking or superior (by position) enlisted member while that member is in the execution of his office; shall be punished as a court-martial may direct
§ 892 92 Failure to obey general 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 7th Cavalry Regiment, 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
§ 894 94 Mutiny or sedition
  • Any person subject to this chapter who—
    1. with intent to usurp or override lawful military authority, refuses, in concert with any other person, to obey orders or otherwise do his duty or creates any violence or disturbance is guilty of mutiny;
    2. with intent to cause the overthrow or destruction of the 7th Cavalry Regiment, creates, in concert with any other person, revolt, violence, or other disturbance against that authority is guilty of sedition;
    3. fails to do his utmost to prevent and suppress a mutiny or sedition being committed in his presence, or fails to take all reasonable means to inform his superior commissioned officer or commanding officer of a mutiny or sedition which he knows or has reason to believe is taking place, is guilty of a failure to suppress or report a mutiny or sedition.
  • A person who is found guilty of attempted mutiny, mutiny, sedition, or failure to suppress or report a mutiny or sedition shall be punished by death or such other punishment as a court-martial may direct.
§ 898 98 Noncompliance with (7th Cavalry Regiment UCMJ) procedural rules
  • Any person subject to this chapter who—
    1. is responsible for unnecessary delay in the disposition of any case of a person accused of an offense under this chapter; or
    2. knowingly and intentionally fails to enforce or comply with any provision of this chapter regulating the proceedings before, during, or after trial of an accused; shall be punished as a court-martial may direct
§ 899 99 Misbehavior before the enemy
  • Any person subject to this chapter who before or in the presence of the enemy—
    1. runs away;
    2. shamefully abandons, surrenders, or delivers up any command, unit, place, or 7th Cavalry Regiment property which it is his duty to defend;
    3. through disobedience, neglect, or intentional misconduct endangers the safety of any such command, unit, place, or military property;
    4. casts away his arms or ammunition;
    5. is guilty of cowardly conduct;
    6. quits his place of duty to plunder or pillage;
    7. causes false alarms in any command, unit, or place under control of the armed forces;
    8. willfully fails to do his utmost to encounter, engage, capture, or destroy any enemy troops, combatants, vessels, aircraft, or any other thing, which it is his duty so to encounter, engage, capture, or destroy; or
    9. does not afford all practicable relief and assistance to any troops, combatants, vessels, or aircraft of the armed forces belonging to the United States or their allies when engaged in battle; shall be punished by death or such other punishment as a court-martial may direct.
§ 900 100 Subordinate compelling surrender
  • Any person subject to this chapter who compels or attempts to compel the commander of any place, vessel, aircraft, or other military property, or of any body of members of the armed forces, to give it up to an enemy or to abandon it, or who strikes the colors or flag to any enemy without proper authority, shall be punished by death or such other punishment as a court-martial may direct.
§ 901 101 Improper use of countersign (server RCON passwords)
  • Any person subject to this chapter, who discloses the countersign to any person not entitled to receive it, shallbe punished by death or such other punishment as a court-martial may direct.
§ 902 102 Forcing a safeguard
  • Any person subject to this chapter who forces a safeguard (an order form a commanding officer given to protect from attack a person, or another clan etc.) shall suffer death or such other punishment as a court-martial may direct.
§ 904 104 Aiding the enemy
  • Any person who—
    1. aids, or attempts to aid, the enemy with arms, ammunition, supplies, money, or other things; or
    2. without proper authority, knowingly harbors or protects or gives intelligence to or communicates or corresponds with or holds any intercourse with the enemy, either directly or indirectly; shall suffer death or such other punishment as a court-martial or military commission may direct
§ 906 106 Spies
  • Any person who in time of war is found lurking as a spy or acting as a spy in or about any place, within the control or jurisdiction of any of the 7th Cavalry Regiment, or in any server, any forum or any other medium, or any other place or institution engaged in work in aid of the prosecution of the war by the 7th Cavalry Regiment, or elsewhere, shall be tried by a general court-martial or by a military commission and on conviction shall be punished by death.
§ 906a 106a Espionage
  • Any person subject to this chapter who, with intent or reason to believe that it is to be used to the injury of the United States or to the advantage of a foreign nation, communicates, delivers, or transmits, or attempts to communicate, deliver, or transmit, to any entity described in paragraph (2), either directly or indirectly, any thing described in paragraph (3) shall be punished as a court-martial may direct, except that if the accused is found guilty of an offense that directly concerns (A) nuclear weaponry, military spacecraft or satellites, early warning systems, or other means of defense or retaliation against large scale attack, (B) war plans, (C) communications intelligence or cryptographic information, or (D) any other major weapons system or major element of defense strategy, the accused shall be punished by death or such other punishment as a court-marital may direct.
  • An entity referred to in paragraph (1) is—
    1. a foreign government;
    2. a faction or party or military or naval force within a foreign country, where the recognized or unrecognized by the United States; or
    3. a representative, officer, agent, employee, subject, or citizen of such a government, faction, party, or force.
  • A thing referred to in paragraph (1) is a document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, note, instrument, appliance, or information relating to the national defense.
  • No person may be sentenced by court-martial to suffer death for an offense under this section (article) unless—
    1. the members of the court-martial unanimously find at least one of the aggravating factors set out in subsection (3); and
    2. the members unanimously determine that any extenuating or mitigating circumstances are substantially outweighed by any aggravating circumstances, including the aggravating factors set out under subsection (3).
  • Findings under this subsection may be based on—
    1. evidence introduced on the issue of guilt or innocence;
    2. evidence introduced during the sentencing proceeding; or
    3. all such evidence.
  • The accused shall be given broad latitude to present matters in extenuation and mitigation.
  • A sentence of death may be adjudged by a court-martial for an offense under this section (article) only if the members unanimously find, beyond a reasonable doubt, one or more of the following aggravating factors:
    The accused has been convicted of another offense involving espionage or treason for which either a sentence of death or imprisonment for life was authorized by statute.
    In the commission of the offense, the accused knowingly created a grave risk of substantial damage to the national security.
    In the commission of the offense, the accused knowingly created a grave risk of death to another person.
    Any other factor that may be prescribed by the President by regulations under section 836 of this title (Article 36).
§ 907 107 False official statements
  • Any person subject to this chapter who, with intent to deceive, submits any false record, report, regulation, order, or other official document, knowing it to be false, or makes any other false official statement knowing it to be false, shall be punished as a court-martial may direct.
§ 908 108 Military property of the 7th Cavalry Regiment —Damage, destruction, or wrongful disposition
  • Any person subject to this chapter who, without proper authority—
    1. discards or otherwise disposes of;
    2. willfully or through neglect damages, or destroys; or
    3. willfully or through neglect suffers to be damaged, or wrongfully disposed of; any military property (forum, game or Ventrillo servers, or any other tangible or intangible asset) of the 7th Cavalry Regiment, shall be punished as a court-martial may direct
§ 910 110 Improper hazarding of 7th Cavalry Regiment Servers
  • Any person subject to this chapter who willfully and wrongfully endangers any server of the 7th Cavalry Regiment shall suffer death or such punishment as a court-martial may direct.
  • Any person subject to this chapter who negligently hazards (disobeys General Order #5) any server of the 7th Cavalry Regiment shall be punished as a court-martial may direct.
§ 913 113 Misbehavior of sentinel
  • Any sentinel (RCON Administrator) who is found in derelict of enforcing the 7th Cavalry Regiment server rules and regulation during his shift before being regularly relieved, shall be punished, if the offense is committed in time of war, by death or such other punishment as a court-martial may direct, but if the offense is at any other time, by such punishment other than death as a court-martial may direct.
§ 915 115 Malingering
  • Any person subject to this chapter who for the purpose of avoiding work, duty, or service—
    1. feigns illness, physical disablement, mental lapse, or derangement; or
    2. intentionally inflicts self-injury; shall be punished as a court-martial may direct
§ 916 116 Riot or breach of peace
  • Any person subject to this chapter who causes or participates in any riot or breach of the peace shall be punished as a court-martial may direct.
§ 917 117 Provoking speeches or gestures
  • Any person subject to this chapter who uses provoking or reproachful words or gestures towards any other person subject to this chapter shall be punished as a court-martial may direct.
§ 923 123 Forgery
  • Any person subject to this chapter who, with intent to defraud—
    1. falsely makes or alters any part of, any writing which would, if genuine, apparently impose a legal liability on another or change his legal right or liability to his prejudice; or
    2. utters, offers, issues, or transfers such a writing, known by him to be so made or altered; is guilty of forgery and shall be punished as a court-martial may direct.
§ 927 127 Extortion
  • Any person subject to this chapter who communicates threats to another person with the intention thereby to obtain anything of value or any acquittance, advantage, or immunity is guilty of extortion and shall be punished as a court-martial may direct
§ 931 131 Perjury
  • Any person subject to this chapter who in a judicial proceeding or in a course of justice willfully and corruptly—
    1. upon a lawful oath or in any form allowed by law to be substituted for an oath, gives any false testimony material to the issue or matter of inquiry; or
    2. in any declaration, certificate, verification, or statement under penalty or perjury, subscribes any false statement material to the issue or matter of inquiry; is guilty of perjury and shall be punished as a court-martial may direct
§ 933 133 Conduct unbecoming an officer and a gentleman
  • Any commissioned officer who is convicted of conduct unbecoming an officer and a gentleman shall be punished as a court-martial may direct.
§ 934 134 General article
  • Though not specifically mentioned in this chapter, all disorders and neglects to the prejudice of good order and discipline in the armed forces, all conduct of a nature to bring discredit upon the armed forces, and crimes and offenses not capital, of which persons subject to this chapter may be guilty, shall be taken cognizance of by a general, special or summary court-martial, according to the nature and degree of the offense, and shall be punished at the discretion of that court.

Note that Article 134 encompasses offenses that are not specifically listed in the manual for Court-Martial: all disorders and neglects to the prejudice of good order and discipline in the 7th Cavalry, all conduct of a nature to bring discredit upon the 7th Cavalry, and crimes and offenses not capital, of which persons subject to this chapter may be guilty. Article 134 is often considered to be a "catch-all" for various offenses that aren't necessarily covered by the other articles in the UCMJ. It reflect acts that are not specifically listed, but nevertheless committed, by 7th Cavalry personnel that negatively impact the service, unit, etc.

Miscellaneous provisions

  1. JAG officers are members of the 7th Cavalry Regiment with rank of 2LT and above.
  2. JAG officers are appointed by the 7th Cavalry Regiment Commanding Officer after recommendation by the Chief Judge Advocate General.
  3. Any member may be dismissed from the 7th Cavalry Regiment by administrative order made by the 7th Cavalry Regiment Commanding Officer.
  4. A Review Board shall consist of the next higher-ranking member in the offenders Chain of Command not previously involved in the case plus one JAG officer. In event of no final decision is reached it shall be passed to the Command Staff for consideration.
  5. Any member dismissed by Administrative action may appeal to the office of Chief Judge Advocate General for a full investigation and subsequent review if the application is made in writing within fourteen (14) days of the order being received.
  6. If Chief Judge Advocate General receives such a request appealing against an administrative action it shall be the duty of Chief Judge Advocate General to initiate an investigation and to convene a Review board of three (3) officers consisting of Colonel rank and higher to consider the action. The review board will report its findings to the 7th Cavalry Regiment Commanding Staff with a copy to Chief Judge Advocate General.
  7. If the findings of the review board conflict with the 7th Cavalry Regiment Commanding Officer's decision, and a compromise cannot not reached to satisfy all parties, then a Court-Martial shall be convened charging the member with the original offences.
Regimental Disciplinary Process
Counseling Developmental Counseling Statement (DCS)
Repeated Minor Offences or Serious Offences Letter of Reprimand (LOR) • Article 15 - Commander's Investigation and Hearing
Repeated Serious Offences or Gravely Serious Offences Article 32 - Pre-Trial Investigation and Court Martial
Retrieved from "https://wiki.7cav.us/index.php?title=Uniform_Code_of_Military_Justice&oldid=10847"