Naval Science 402 Leadership and Ethics Lesson 17 UCMJ and Naval Regulations

Objectives Familiarize yourself with the content of basic texts concerning military law: the UCMJ, the MCM, the JAGMAN, and Naval Regulations.

Objectives Comprehend the purpose, scope, and constitutional basis of U.S. Navy Regulations and relate these regulations to personal conduct in the military.

Objectives Comprehend the purpose, scope, and constitutional basis of the Uniform Code of Military Justice (UCMJ) and relate it to personal conduct in the military.

Objectives Comprehend how the UCMJ, practice of military law, and applications of regulations may affect a junior officer's performance of his duties.

Navy Regulations

Naval Regulations Chap 1Statutory Authority Chap 2Department of the Navy Chap 3-8Duties of SECNAV- CO Chap 9Senior Officer Present Duties

Naval Regulations Chap 10Precedence, Authority and Command Chap 11General Regulations Chap 12Flags, Pennants, Honors, Ceremonies and Customs

Interesting Regulations Relief of a Commanding Officer by a Subordinate Pecuniary Dealings with Enlisted Personnel Adverse Matter in Officer FITREPS and Enlisted Performance EVALS

Interesting Regulations Capture by an Enemy Direct Communication with the CO Fraternization Prohibited Supremacist Activities

UCMJ Purpose Constitutional Basis History General Discussion

UCMJ Breakdown Art 1-6 General Provisions Art 7-14 Apprehension and Restraint Art 15 Non-judicial Punishment Art Court-martial Jurisdiction

UCMJ Breakdown Art Court-martial Composition Art Pretrial Procedures Art Trial Procedures Art Sentences

UCMJ Breakdown Art Post-trial Procedures andReview Art Punitive Articles Art Miscellaneous Provisions Art Court of Military Appeals

MCM

Manual for Courts-martial Part 1Preamble Part 2Rules for Courts-Martial Part 3Military Rules of Evidence Part 4Punitive Articles Part 5NJP Punishment Procedure Appendices – Constitution, UCMJ, Charge Sheet, etc

MCM - Punitive Articles Text Elements Explanation Lesser Included Offense Maximum Punishment Sample Specification

Article 92 Failure to Obey Order or Regulation Text (lawful order or regulation) – violates/fails to obey – issued an order, fails to obey – derelict in performance of duties

Article 92 Failure to Obey Order or Regulation Elements (ex. Dereliction) – accused had certain duties – knew, or reasonably should have known, of those duties – was (willfully, or through culpable inefficiency) derelict in their performance

Article 92 Failure to Obey a Order or Regulation Explanation (ex. Dereliction) – Duty - by treaty, regulation, lawful order, SOP, or custom of service – Knowledge - circumstantial evidence sufficient, just show the requirement

Article 92 Failure to Obey a Order or Regulation – Derelict - fails to perform. “Willful” means intentional. “Negligent” means lack of due care. “Culpable” means no reasonable or just excuse – Ineptitude - not punishable if the accused just can’t do it

Article 92 Failure to Obey Order or Regulation Lesser included offense – Article 80 - Attempts

Article 92 Failure to Obey Order or Regulation Maximum Punishment (ex. Dereliction) – Through neglect or culpable inefficiency Forfeit 2/3 Pay per month for 3 months Confinement for 3 months

Article 92 Failure to Obey Order or Regulation – Willful Bad Conduct Discharge (BCD) Forfeit ALL pay and allowances Confinement for 6 months

Sample Punitive Articles Article 86Unauthorized Absence Article 88Contempt Toward Officials Article 89Disrespect Toward Superior Commissioned Officer

Sample Punitive Articles Article 95Resistance, Flight, Breach of Arrest, and Escape

Sample Punitive Articles Article 112Drunk on Duty Article 134General Article

JAGMAN The Uniform Code of Military Justice (UCMJ) and the Manual for Courts- Martial (MCM), authorize "the Secretary concerned" or "the Judge Advocate General concerned“ to…

JAGMAN “…prescribe regulations implementing or supplementing certain provisions of the UCMJ or the MCM.”

JAGMAN Some Areas Addressed Include…. – Non Punitive Measures – NJP – Courts Martial – Administrative Investigations – Complaints of Wrong – FOIA – Legal Assistance – International Law

Questions ?

Murphy’s Laws of Combat Operations One enemy soldier is never enough, but two is entirely too many.

Article 86 Absence Without Leave Any member…who, without authority… – (1) fails to go to appointed place of duty at the time prescribed; – (2) goes from that place; or – (3) absents himself or remains absent from…at the time prescribed; Shall be punished as a court-martial may direct

Article 88 Contempt Toward Officials Any commissioned officer who uses contemptuous words against the President …Secretary of Military Department…Governor... In which he is on duty or present... Shall be punished as a court-martial may direct

Article 89 Disrespect Toward a 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

Article 95 Resistance, Flight, Breach of Arrest, and Escape Any person subject to this chapter who… – (1) resists apprehension – (2) flees from apprehension – (3) breaks arrest; or – (4) escapes from custody or confinement Shall be punished as a court-martial may direct

Article 112 Drunk on Duty Any person subject to this chapter OTHER THAN A SENTINEL OR LOOK OUT (see Article 113), who is found drunk on duty… Shall be punished as a court-martial may direct

Article 134 General Article Though not specifically mentioned in this chapter, all disorders and neglects to the prejudice of good order and discipline…conduct of a nature to bring discredit…crimes and offenses not capital... Shall be taken cognizance of by a general, special, or summary court-martial...

Regulation 1088 Relief of a Commanding Officer by a Subordinate …Conceivable…extraordinary circumstances…arrest or sicklist…requires CMC, CNP, or SOPA approval…except when the delay is impracticable …obvious and clear... single conclusion... irretrievably prejudice the public interests… Prerequisites...

Regulation 1111 Pecuniary Dealings with Enlisted Personnel No officer shall borrow money or accept deposits from, or have any pecuniary dealings with an enlisted person, except as may be required in the performance of his or her duty, and except for the sale of an item of personal property which is for sale to other persons under the same conditions of guarantee and for the same consideration, and never having been the property of the Government.

If adverse matter appears in a fitness report of an officer of the Navy and Marine Corps, or in a performance evaluation report of an enlisted member, E-5 and above, of the Navy and Marine Corps, or in related correspondence,...may not be placed in the official record unless the member reported on was first afforded an opportunity to submit a written statement regarding the matter. Any statement...shall comply with the regulations prescribed by the Chief of Naval Personnel or the Commandant of the Marine Corps,...couched in temperate language and limited to pertinent facts, and shall not question or impugn the motives of another person. If the person reported on does not desire to make a statement, that person shall so state in writing. Regulation 1122 Adverse Officer FITREPS or Enlisted EVALS

Regulation 1140 Capture by an Enemy A person in the naval service who is captured by the enemy is required to give his or her name, rank, service number and date of birth. In order to communicate with his or her family, as guaranteed in the Geneva Convention Relative to the Treatment of Prisoners of War, he or she may give the names and addresses of his or her parents, guardians or next of kin. …evade answering further questions...

Regulation 1151 Direct Communication with Commanding Officer The right of any person in the naval service to communicate with the commanding officer in a proper manner, and at a proper time and place, shall not be denied or restricted. …department heads… …officers senior to the executive officer...

Regulation 1165 Fraternization Prohibited Personal relationships between officer and enlisted members that are unduly familiar and that do not respect differences in grade or rank are prohibited. Such relationship are prejudicial to good order and discipline and violate longstanding traditions of the naval service.

Regulation 1167 Supremacist Activities No Person In the Naval Service Shall Participate In Any Organization That Espouses Supremacist Causes; Attempts To Create Illegal Discrimination Based on Race, Creed, Color, Sex, Religion, Or National Origin ; Advocates The Use Of Force Or Violence Against The Government Of The United States Or The Government Of Any State, Territory, District, Or Possession Thereof, Or The Government Of Any Subdivision Therein; Or Otherwise Engages In Efforts To Deprive Individuals Of Their Civil Rights.