OVERVIEW Need For Military Justice System Sources of Military Law Uniform Code of Military Justice (UCMJ) Manual for Courts Martial (MCM) Maintaining Discipline DoD Homosexual Policy Your Rights and Responsibilities

NEED FOR A SEPARATE MILITARY JUSTICE SYSTEM Crimes Unique to the Military Discipline Worldwide Operations

NEED FOR A SEPARATE MILITARY JUSTICE SYSTEM Crimes Unique to the Military Absent Without Leave (AWOL) (Article 86) Fraudulent Enlistment (Article 83) Desertion (Article 85) Missing A Movement (Article 87) Disrespect Toward a Superior (Article 89) Failure to Obey a Lawful Order (Article 92) Misbehavior before the enemy (Article 99)

NEED FOR A SEPARATE MILITARY JUSTICE SYSTEM Discipline The military justice system is the driving force behind discipline. Discipline is critical to effective military operation.

NEED FOR A SEPARATE MILITARY JUSTICE SYSTEM World Wide Operations

SOURCES OF MILITARY LAW U.S. Constitution International Law

SOURCES OF MILITARY LAW U.S. Constitution, Article I, Section 8 “Congress shall have the power to make rules for the government and regulation of the land and naval forces.”

SOURCES OF MILITARY LAW U.S. Constitution, Article II, Section 2 “The President shall be Commander in Chief of the Army and Navy of the United States...”

SOURCES OF MILITARY LAW Congress - writes the law President - implements the laws through Executive Order

SOURCES OF MILITARY LAW International Law Law of War - Customary and Treaty Law Apply the amount and kind of force necessary for the purpose of war

SOURCES OF MILITARY LAW International Law Geneva Conventions Deals with humanitarian issues No attacks on civilian populations Avoidance of disproportionate suffering

UCMJ / MCM UCMJ (1950) Part of the U.S. Code Modified and consolidated the Articles of War Articles for the government of the Navy Disciplinary laws of the Coast Guard Contains the Punitive Articles (77-134)

UCMJ/MCM Manual for Courts-Martial (1995) Not just a guide Full force and effect of law Binding on all personnel subject to the UCMJ Implemented by Executive Order

MAINTAINING DISCIPLINE Preventive Discipline Action taken to encourage members to follow standards and regulations to prevent infractions The overall objective is to encourage self-discipline, rather than having discipline imposed by superiors

MAINTAINING DISCIPLINE Corrective Discipline Action subsequent to a rule infraction It seeks to discourage further infractions and to ensure that further acts are in compliance with standards

MAINTAINING DISCIPLINE Corrective Discipline - 3 GOALS To reform the offender To deter others from similar actions To maintain consistent, effective group standards

MAINTAINING DISCIPLINE Corrective Tools / Nonpunitive Actions Letter of Counseling Letter of Reprimand Unfavorable Information File Control Roster

MAINTAINING DISCIPLINE Letter of Counseling Document verbal counseling Late No Shows Sloppy Uniform Traffic Ticket

MAINTAINING DISCIPLINE Letter of Reprimand Official censure of inefficiency, impropriety, or misconduct.

UIF UIF UIF MAINTAINING DISCIPLINE Unfavorable Information File (UIF) Repository at MPF Contains information concerning a person’s duty performance and conduct

MAINTAINING DISCIPLINE UIF - What’s in it? Article 15 Letter of Reprimand Counseling Documents (as attachments only)

MAINTAINING DISCIPLINE Control Rosters List the names of people whose conduct, bearing, integrity, or duty performance require special attention, observation, evaluation, or rehabilitation. Assists commanders and supervisors in controlling and managing those members.

MAINTAINING DISCIPLINE Control Rosters Give the person a chance to improve in their deficient area within a specific time period. If placed on a control roster, the individual would be ineligible for reenlistment, promotion, PME in residence, or PCS.

MAINTAINING DISCIPLINE Punitive Actions Article 15 Summary Court-Martial Special Court-Martial General Court-Martial

MAINTAINING DISCIPLINE Nonjudicial Punishment - Article 15 For minor offenses Imposed by the commander Punishment depends on rank of offender/commander Member may request trial by court-martial in lieu of Article 15

MAINTAINING DISCIPLINE Judicial Punishment Summary Court-Martial Special Court-Martial General Court-Martial

MAINTAINING DISCIPLINE Summary Court-Martial Tries minor offenses For enlisted members only One officer acts as judge Limited punishment

MAINTAINING DISCIPLINE Special Court-Martial Tries intermediate offenses Military judge / 3 members (minimum) Limited Punishments

MAINTAINING DISCIPLINE General Court-Martial Most serious offenses Military judge / 5 members (minimum) Maximum punishment

YOUR LEGAL RIGHTS Involuntary self-incrimination Right to counsel Search & Seizure

DOD HOMOSEXUAL POLICY Homosexuality is inconsistent with military service. POPULARLY KNOWN AS: Don’t ask, don’t tell.

DOD HOMOSEXUAL POLICY Sexual orientation considered personal/private matter Air Force applicant or member will not be asked to reveal sexual orientation or whether they have engaged in homosexual conduct Homosexual orientation is not a bar to entry or continued service unless it’s manifested by homosexual conduct

DOD HOMOSEXUAL POLICY Homosexual Conduct: Act Statement Marriage/attempted marriage Between two persons of the same sex

DOD HOMOSEXUAL POLICY Homosexual Conduct Act: Bodily contact, actively taken or passively permitted, between members of the same sex for the purpose of satisfying sexual desires or any bodily contact that a reasonable person would understand to demonstrate a propensity or intent to engage in homosexual acts

DOD HOMOSEXUAL POLICY Homosexual Conduct Statement: When a member says he/she is homosexual or bisexual, or words to that effect

DOD HOMOSEXUAL POLICY Homosexual Conduct Marriage: Two members of the same sex marrying or attempting to marry

DOD HOMOSEXUAL POLICY Consequences of Homosexual Conduct Accessions: Applicant for entry shall be rejected if there is independent evidence demonstrating the applicant has engaged in homosexual conduct

DOD HOMOSEXUAL POLICY Consequences of Homosexual Conduct Separations: Mandatory for a commander to initiate administrative separation action against a member if there is probable cause to believe the person engaged in homosexual conduct If discharge board recommends discharge, the characterization will usually be either honorable or general (under honorable conditions)

DOD HOMOSEXUAL POLICY Inquiries and Investigations Prohibited if doing to solely determine sexual orientation. Limit to the facts surrounding a specific allegation of homosexual conduct

DOD HOMOSEXUAL POLICY Inquiries and Investigations Commanders should conduct fact-finding inquiries when they have credible information that a member has engaged in homosexual conduct If credible, commander should contact base staff judge advocate for further guidance

MAINTAINING DISCIPLINE Your Responsibilities Comply with standards Enforce standards Don’t condone misconduct

SUMMARY Need for Military Justice System Sources of Military Law Uniform Code of Military Justice (UCMJ) Manual for Courts Martial (MCM) Maintaining Discipline DoD Homosexual Policy Your Responsibilities