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MODULE: NAVAL KNOWLEDGE

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1 MODULE: NAVAL KNOWLEDGE
CHAPTER 2 DISCIPLINE AND PUNISHMENT GFX: _DVIDS MODULE: NAVAL KNOWLEDGE UNIT 3: MILITARY LAW 1 1

2 Introduction

3 Strong Leadership Ensures Good Discipline

4 What Leaders Must Do • Praise when a good job is done.
• Correct and punish poor work or breaches in military discipline.

5 Breach of Discipline An infraction or violation, as of a law, trust, faith, or promise.

6 What Leaders Must Do A leader must be consistent and fair.

7 What Leaders Must Do (Continued)
Regulations must be consistently enforced.

8 What Leaders Must Do (Continued)
Leaders should reprimand in private.

9 What Leaders Must Do (Continued)
Leaders should evaluate all facts before taking disciplinary action.

10 What Leaders Must Do (Continued)
Punishment must be fair and just.

11 Why Punish These are positive reasons, not negative ones.
Deter offenders from breaking the rules again. Encourage Sailors to do their duty. Set an example for others. These are positive reasons, not negative ones.

12 Basis of Navy’s Positive Discipline
• Respect for leaders • Confidence in their justice and fairness • Compulsion of moral force

13 True Discipline True discipline develops loyalty and intelligent
initiative. John Paul Jones

14 It’s Nothing Personal • Punishment is NOT personal or vindictive.
• It is NOT inflicted as revenge for misconduct.

15 Being a Disciplinarian
All of history’s great leaders were sound disciplinarians. George Washington

16

17 Topic Review

18 Q. Why must discipline be handled in a consistent manner?
Reference Study Guide Question #1

19 Q. Why must discipline be handled in a consistent manner?
A. A breach of discipline cannot be disregarded one day and rebuked the next. Under such conditions, personnel do not know where they stand and cannot establish a pattern of conduct that is consistent. Reference Study Guide Question #1

20 Apprehension, Arrest, Restriction, and Confinement

21 Apprehension The taking of a person into custody.

22 Custody Imprisonment; legal restraint.

23 Arrest To seize (a person) by legal authority or warrant; take into custody.

24 Arrest • Not imposed as punishment.
• Restraint is binding by a moral and legal obligation. • Accused does NOT perform full military duties.

25 Restriction • Used sometimes instead of arrest.
• Accused restricted to a specified area. • Accused usually required to perform military duties.

26 Restriction A punishment whereby a Sailor is allowed to go only to certain places for a specified period of time. For example: allowed to go only to barracks room, work, church, the chow hall.

27 Confinement Physical restraint in a brig or jail.

28 How to Confine Confinement must be imposed legally by oral or written
orders.

29 Fifth Amendment Persons who are under arrest or confinement have
the right to consult with a lawyer.

30 Fifth Amendment Lawyers may be present at any investigation.

31 Right to Legal Counsel Lawyers are retained at the individual’s expense or appointed by military authority without cost.

32 UCMJ ARTICLE 31 COMPULSORY SELF-INCRIMINATION PROHIBITED.
No self-incriminating statement made in violation of Article 31 is admissible in a trial by court-martial.

33 Article 31 Article 31 forbids anyone subject to the Code to be
compelled to answer questions which may tend to incriminate them.

34 Self-incrimination The act of incriminating oneself or exposing oneself to prosecution, especially by giving evidence or testimony.

35 Topic Review

36 Q. What is the basic difference between arrest and restriction?
Reference Study Guide Question #2

37 Q. What is the basic difference between arrest and restriction?
A. Arrest is the restraint of a person by an order directing that person to remain within certain specified limits. Arrest is not punishment, but a binding restraint imposed on the arrested person to obey the arrest order. A person under arrest cannot be required to perform full military duty. Instead of arrest, an accused person may be restricted to specified areas. He or she may be required to perform all usual military duties while under such restriction. This is the usual form of restraint while awaiting mast or court-martial. Reference Study Guide Question #2

38 Initiating and Preferring Charges

39 Reporting to the XO The usual procedure for initiating and
preferring charges against enlisted personnel consists of submitting a written report to the Executive Officer (XO).

40 Disposition of Offenses
Report and Disposition of Offense(s), NAVPERS 1626/7 (front)

41 Disposition of Offenses
Report and Disposition of Offense(s), NAVPERS 1626/7 (back)

42 Disposition of Offenses
The front of the form records information on the accused, details of the offense, and military witnesses by seniority followed by civilian witnesses.

43 Preliminary Inquiry It determines if an offense warrants
disciplinary action, and if so, a charge sheet on the accused is filled out.

44 Infraction A breach; violation; infringement of the rules.

45 Allegation An assertion made by a party in a legal proceeding, which the party then undertakes to prove.

46 Preliminary Inquiry If court-martial is
not warranted, the accused is brought to nonjudicial punishment (captain’s mast), for alleged offense.

47 Topic Review

48 Q. Who may place offenders on report, and under what circumstances?
Reference Study Guide Question #3

49 Q. Who may place offenders on report, and under what circumstances?
A. Any commissioned officer or petty officer who sees a breach of discipline afloat or ashore may place naval personnel on report. Reference Study Guide Question #3

50 Preliminary Inquiry

51 Preliminary Inquiry An investigation conducted to determine whether or not an offense is chargeable under the UCMJ.

52 Preliminary Inquiry (Continued)
The officer making the preliminary inquiry collects and examines all evidence that could bear on the guilt or innocence of the accused.

53 Preliminary Inquiry (Continued)
The investigating officer looks for facts in mitigation or extenuation.

54 Mitigation and Extenuation
Mitigation - A circumstance making a situation less severe. Extenuation - Circumstances that render conduct less serious and thereby serve to reduce the damages to be awarded or the punishment to be imposed.

55 Disciplinary Actions

56 Two Classes of Official Naval Disciplinary Action
Court-Martial NJP Captain’s Mast Article 15

57 Captain’s Mast A session at which the captain of a naval command hears and acts on the cases of enlisted personnel charged with committing offenses.

58 Nonjudicial Punishment
Punishment that the CO may impose for minor offenses upon subordinate officers and enlisted personnel. Also known as Captain’s Mast or an Article 15.

59 Early Captain’s Mast Early captain’s mast, simply referred to as “mast.”

60 Early Mast Punishment

61 “Office Hours” In the Marine Corps, captain’s mast proceedings are referred to as office hours.

62 NJP for Minor Offenses Commanding officers can impose NJP for minor offenses.

63 When NJP Authority Can be Delegated
NJP authority cannot be delegated unless the: • Commanding Officer is a general or flag officer • Commanding Officer has senior responsibility for exercising general court-martial jurisdiction

64 Jurisdiction The right, power, or authority to administer justice by hearing and determining controversies.

65 Captain’s Mast (Continued)
Captain’s mast is the cornerstone of the whole structure of naval justice and discipline.

66 Two Classes of Military Offenses
1. Neglect of duty 2. Deliberate violations of instructions, orders, or regulations

67 Correctional Custody Unit (CCU)
Neglect of duty may result in punishment ranging from loss of liberty to a court-martial.

68 Court-Martial Deliberate violation of instructions, orders, or regulations are usually tried by COURT-MARTIAL.

69 Theft, forgery, and assault are court-martial offenses.

70 Military Court Military courts are conducted with the same care and
formality as civilian courts.

71 Uniform Code of Military Justice
MANUAL FOR COURTS - MARTIAL Being dealt with fairly and forthrightly is the right of every accused.

72 Nonjudicial Punishment

73 Screening Mast The executive officer conducts XO’s screening mast.

74 XO’s Screening Mast • Determines gravity of case.
• Verifies the facts. • Recommends action to CO.

75 Actions of the XO’s Screening
CO DISMISS

76

77 Division Officer’s Comments
The CO may ask the accused’s division officer for comments concerning performance of duty.

78 Review of Personnel Records
The CO reviews the personnel record of the accused before making a decision.

79

80 CO’s Decision The CO decides guilty or not guilty and imposes
punishment.

81 What CO May do at NJP • Dismiss the case.
• Officially warn the accused. • Administer an oral or written admonition or reprimand.

82 Reprimand A severe reproof or rebuke, especially a formal one by a person in authority.

83 What CO Can Do • Administer punishment.
• Order the accused to be tried by court- martial.

84 Court-Martial A court consisting of military personnel appointed by a commander to try charges of offenses by military members against military law.

85

86

87 Correctional Custody Unit (CCU)
Correctional custody is not to exceed 30 days.

88

89 NJP for Officers Officers can receive NJP, but they may not be:
• Confined • Put in correctional custody • Given extra duty • Reduced in rank

90

91 In Hack Officers may be placed under arrest in quarters, referred
to as “being in hack.”

92 Topic Review

93 Q. What is the purpose of the executive officer’s screening mast?
Reference Study Guide Question #4

94 Q. What is the purpose of the executive officer’s screening mast?
A. The XO’s screening mast is a preliminary mast held prior to the captain’s mast. The purpose is to determine the seriousness of the case and to ascertain the facts so the XO may recommend action to the CO. The XO may not assign punishment, but he or she may dismiss the charges if conditions justify so doing. Reference Study Guide Question #4

95 Q. What five judgment possibilities exist for the commanding officer after hearing a mast case?
Reference Study Guide Question #5

96 Q. What five judgment possibilities exist for the commanding officer after hearing a mast case?
A. The five possibilities open to the CO after hearing a mast case are: 1) dismiss the case, 2) officially warn the accused, 3) administer an oral or written admonition or reprimand, 4) administer punishment, or 5) order the accused to be tried by court-martial. Reference Study Guide Question #5

97 The Military Courts-Martial

98 Three Types of Court-Martial
Three types of court-martial in increasing order of severity are: Summary Special General

99 Summary Court-Martial
• Administers prompt justice for minor offenses • Tries only enlisted personnel

100 Summary Court-Martial (Continued)
• Consists of one commissioned officer, lieutenant or senior

101 Summary Court-Martial (Continued)
The summary court must check the charges and specifications prior to the trial to ensure that they are legally correct.

102 Summary Court-Martial (Continued)
The summary court advises the accused of: • Charges • Witnesses • Accuser • Rights concerning trial • Constitutional rights under UCMJ

103 Summary Court-Martial (Continued)
The summary court officer is trial counsel, defense counsel, judge, and jury.

104 Summary Court-Martial (Continued)
An investigation is NOT required if the accused pleads guilty and understands the charges.

105 Summary Court-Martial (Continued)
If found guilty, the accused is advised of the right to present matters in extenuation or mitigation, prior to being awarded punishment.

106 Summary Court-Martial (Continued)
Punishments are similar to those awarded at NJP except time and dollar amounts may be increased.

107

108 Summary Court-Martial (Continued)
Any court-martial conviction remains in the military record.

109 Special Court-Martial

110 Special Court-Martial (Continued)
The special court-martial is convened to try cases that involve offenses warranting greater punishment than a summary court can award. Special Court-Martial (Continued)

111 Special Court-Martial (Continued)
The special court-martial has jurisdiction to try any noncapital offense and some capital offenses if authorized by the President. Special Court-Martial (Continued)

112 Convening Order • Specifies the time and place of the court
• Appoints at least three members to the court

113 Military Judge Appointment
The convening authority may appoint a military judge—a law officer certified by the Judge Advocate General—to the court.

114 Convening Authority A unit or organization commander who decides whether to refer a case to a court-martial, what type of court-martial, and then appoints the members of the court (i.e., the jury). Rarely is the convening authority a lawyer.

115 Special Court-Martial (Continued)
An accused enlisted person may also request that one-third of the special court be enlisted. Special Court-Martial (Continued)

116 All members of any court should be senior to the accused.

117 Military Judge A military judge is always president
if assigned, or, if requested by the accused, can be the only member of the court.

118 Rank of Senior Officer The senior officer is president of the
court and should be lieutenant or above.

119 President of the Court • Rules on legal procedures
• Instructs the court on each offense prior to vote on sentence • Advises on maximum authorized punishment for each offense

120 Trial Counsel Trial counsel acts for the government.

121 Defense Counsel Defense counsel acts for the accused.

122 Government-Appointed Counsel
• Civilian counsel at accused’s own expense • Military counsel selected by the accused

123 Peremptory Challenge “I want to use a peremptory
SIR, I REQUEST A MEMBER OF THE COURT TO TESTIFY ON MY BEHALF. “I want to use a peremptory challenge on a member of the court.” When used, the member is dismissed from the court.

124 Peremptory Challenge A formal objection to the service of a juror by a party to a criminal prosecution or a civil action that requires no showing of cause.

125 Special Court-Martial (Continued)
Members of special court-martial: • Hear the evidence. • Determine guilt or innocence. • If guilty, adjudge a proper sentence. Special Court-Martial (Continued)

126 Adjudge To declare or pronounce formally; decree; to decide by a judicial opinion or sentence.

127 Special Court-Martial (Continued)
In most cases, convictions and sentences require a two-thirds majority. Voting is by secret ballot, and all members must vote. Special Court-Martial (Continued)

128 Special Court-Martial (Continued)
A special court-martial may adjudge any punishment not forbidden by the Code except: • Death • Dishonorable discharge • Confinement for more than 6 months

129 Dishonorable Discharge
The discharge of a person from military service for an offense more serious than one for which a bad-conduct discharge is given.

130 Special Court-Martial (Continued)
A special court-martial may adjudge any punishment not forbidden by the code except: • Hard labor without confinement for more than 3 months • Forfeiture of pay exceeding two-thirds pay per month for more than 6 months

131 Highest Military Tribunal
General court-martial Highest Military Tribunal

132 General Court-Martial
A general court-martial may be convened by: • The president of the U.S. • The secretaries of the various services

133 General Court-Martial (Continued)
• A flag officer in command of a unit or activity of the Navy or Marine Corps • A general officer in command • The commanding officer of a naval station or larger shore activity beyond the continental limits of the United States • Other commanding officers specifically designated by the president or service secretary

134 General Court-Martial (Continued)
Consists of a military judge and at least five members. Enlisted members may serve on the court if the accused requests them.

135 General Court-Martial (Continued)
A general court-martial has jurisdiction to try anyone subject to the UCMJ or any person subject to trial by military tribunal.

136 General Court-Martial (Continued)
Punishments authorized by general court-martial include: • Death (for desertion in time of war, mutiny, sedition, or spying) • Confinement for life • Dishonorable discharge • Bad conduct discharge

137 General Court-Martial (Continued)
• Dismissal of an officer • Total forfeiture of pay during the remaining period of a person’s obligated service • All punishments authorized for a special or summary court-martial

138 Topic Review

139 Q. What are the three types of court-martial, in ascending order of seriousness?
Reference Study Guide Question #6

140 Q. What are the three types of court-martial, in ascending order of seriousness?
A. Types of court-martial in ascending order of seriousness are summary court-martial, special court-martial, and general court-martial. Reference Study Guide Question #6

141 Q. What is unique about the tasks of a summary court officer?
Reference Study Guide Question #7

142 Q. What is unique about the tasks of a summary court officer?
A. The summary court officer is unique in that he or she represents both the government and the accused; in other words, he or she is both prosecuting attorney and defense counsel. He or she investigates both sides of the matter and ensures that the interests of both the government and the accused are safeguarded. Reference Study Guide Question #7

143 Q. What are the duties of the convening authority concerning a court-martial?
Reference Study Guide Question #8

144 Q. What are the duties of the convening authority concerning a court-martial?
A. The convening authority of a summary or special court is the commanding officer. He or she draws up a convening order that specifies the time and place of meeting of the court and assigns the members to it; he or she may have a military judge appointed to the court if one is available. If the accused requests enlisted persons on a special court, the convening authority may grant this if they are available. In a special court, the convening authority appoints an officer as trial counsel to conduct the case for the government, and another officer to act as defense counsel for the accused. Reference Study Guide Question #8

145 Q. What are the tasks of a military judge if assigned to a four-person special court?
Reference Study Guide Question #9

146 Q. What are the tasks of a military judge if assigned to a four-person special court?
A. If a military judge is detailed to a four-person special court, he or she will be the president of the court. As president, he or she rules on legal procedures during the trial and instructs the court on the elements of each offense charged prior to closure of the court for vote, as well as what constitutes the presumption of innocence, reasonable doubt, and burden of proof. The military judge advises as to the maximum authorized punishment for each offense. Reference Study Guide Question #9

147 Q. What are the court duties of the trial and defense counsels?
Reference Study Guide Question #10

148 Q. What are the court duties of the trial and defense counsels?
A. The trial counsel acts as the prosecuting attorney on behalf of the government. The defense counsel acts on behalf of the accused. Reference Study Guide Question #10

149 Q. What is a peremptory challenge?
Reference Study Guide Question #11

150 Q. What is a peremptory challenge?
A. A peremptory challenge may be exercised by the accused on advice of his or her defense counsel. This means that the challenged member of the court is dismissed from court duties by the president. No reason for the peremptory challenge need be given, but if this reduces the court membership below three, the convening authority must appoint another member. Reference Study Guide Question #11

151 Q. When may a general court-martial try civilians?
Reference Study Guide Question #12

152 Q. When may a general court-martial try civilians?
A. A general court-martial may try civilians in situations in which martial law has been officially declared because of a breakdown of normal civilian authority. Reference Study Guide Question #12

153 Q. What punishments may be awarded by a general court-martial?
Reference Study Guide Question #13

154 Q. What punishments may be awarded by a general court-martial?
A. A general court-martial can decree the most severe punishments, including death (for desertion in time of war, mutiny, sedition, or spying), confinement for life, dishonorable discharge, bad conduct discharge, dismissal of an officer, and total forfeiture of pay during the remaining period of a person’s obligated service. Reference Study Guide Question #13

155 Review of Courts-Martial

156 Review of Court-Martial
Review by higher authority of the findings and sentence of any court-martial is automatic.

157 Review of Court-Martial (Continued)
Higher authorities automatically review court records to make sure: • Trial court acted correctly • Accused was NOT denied any rights • Sentence was NOT illegal or too severe

158 Review of Court-Martial (Continued)
Higher authority review may: Approve or disapprove the findings and sentence. Change the findings and/or sentence. Reduce or suspend the sentence. Change the sentence, but not increase the severity of punishment. When a trial results in an acquittal, the convening authority may not change it or send the case back for retrial.

159 Review of Court-Martial (Continued)
Review in a military court is similar to an appeal in a civilian court to a higher court.

160 Review of Court-Martial (Continued)
Reviews of court-martial are provided automatically.

161 Review of Court-Martial (Continued)
A civilian offender is not automatically granted an appeal.

162 Review of Court-Martial (Continued)
The convening authority may, after careful review: • Approve or disapprove the findings and sentence, or any part of them • Direct a rehearing

163 Review of Court-Martial (Continued)
If a trial results in acquittal, the convening authority may not change it or send the case back for retrial.

164 Review In the case of a summary or special court-martial, the
convening authority forwards the record to the next superior with general court- martial jurisdiction for review.

165 Review of Court-Martial (Continued)
If an error is found, the senior may: • Call a rehearing. • Set aside in whole or in part findings of guilty and the sentence. • Mitigate and suspend any part of an unexecuted portion of the sentence.

166 JAG The findings of any court-martial that
awards a bad conduct discharge must be sent to the Office of the Judge Advocate General (JAG) of the Navy.

167 Court of Military Review
The Court of Military Review consists of a three-judge panel.

168 Court of Military Review
A three-judge appellate review panel reviews all cases: • Affecting flag officers • Imposing the death penalty • Dismissing an officer

169 Appellate Having the power or authority to review and decide appeals, as a court.

170 Court of Military Review (Continued)
A three-judge appellate review panel reviews all cases: • Imposing a dishonorable or bad conduct discharge • Imposing confinement for a year or more

171 Court of Military Review (Continued)
The Court of Military Review may: • Reduce the sentence to a lesser penalty. • Set aside the entire findings and sentence.

172 Court of Military Review (Continued)
• Order a rehearing. • Dismiss the charges.

173 Court of Military Appeals
The Court of Military Appeals is higher than the Court of Military Review and is the “supreme court” of military justice.

174 Civilian Judges The court is composed of three civilian judges
appointed by the President and confirmed by the Senate.

175 Right to Petition The accused has the right to petition
the Court of Military Appeals, but appeals are not automatic.

176 Topic Review

177 Q. What is the purpose of a court-martial review?
Reference Study Guide Question #14

178 Q. What is the purpose of a court-martial review?
A. Review by higher authority of the findings and sentence of any court-martial is automatic. The court records are gone over to see that the trial court acted correctly, the accused person was not denied any rights to which he or she was entitled, and the sentence was not illegal or too severe. After this review the convening authority may approve or disapprove the findings and sentence, and change either or both of them. He or she may reduce or suspend the sentence, or change it to a different one providing the severity of the punishment is not increased. Reference Study Guide Question #14

179 Q. How does the military review of a court-martial compare with a civilian appeal?
Reference Study Guide Question #15

180 Q. How does the military review of a court-martial compare with a civilian appeal?
A. The military review is similar to the appeal of a civil court conviction, except that in the military the review is done by higher authority in the chain of command, and is automatic. An appeal of a civilian court conviction is made to a higher court in the system, and will only be granted if reasonable grounds for one can be shown. Reference Study Guide Question #15

181 Q. What are the functions of the Court of Military review and the Court of Military appeals?
Reference Study Guide Question #16

182 Q. What are the functions of the Court of Military review and the Court of Military appeals?
A. A finding of any court-martial that awards a bad conduct discharge must be sent beyond the officer exercising general court-martial jurisdiction to the office of the judge Advocate General (JAG) of the Navy. There, a court of Military review consisting of a three-judge appellate review panel carefully reviews every case in which an approved sentence affects a flag officer, or in which a sentence imposing the death penalty, dismissal of an officer, a dishonorable or bad-conduct discharge, or confinement for one year or more has been imposed. Reference Study Guide Question #16

183 Q. What are the functions of the Court of Military Review and the Court of Military Appeals?
A. The Court of Military Appeals is the supreme court of military justice. It is composed of three civilian judges appointed by the president and confirmed by the U.S. Senate. An offender whose conviction has been upheld by the Court of Military Review has the right to petition the Court of Military Appeals to review the case. Such appeals are not automatic. If the petition is granted, the convicted person is entitled to a lawyer who will prepare a brief and argue the case before the court. Reference Study Guide Question #16

184 Civil Jurisdiction

185 Civil Jurisdiction Naval personnel are subject to civil courts
when a crime is committed within a civil jurisdiction.

186 Civil Authorities Civil authorities may hold a military member.

187 Civil Jurisdiction (Continued)
Military members who are charged and held by civil authorities often have military charges filed against them, like unauthorized absence. Other military charges may also be filed, depending upon the circumstances.

188 Civil Jurisdiction (Continued)
If the accused is found guilty and detailed, the entire period of absence is considered as lost time for pay purposes, and that period is charged as unexcused absence.

189 Topic Review

190 Q. When are service personnel subject to civil law?
Reference Study Guide Question #17

191 Q. When are service personnel subject to civil law?
A. Military personnel are subject to civil courts and law when they are within civil jurisdiction. In general, offenses committed by service personnel off base in civilian clothes against a civilian or against some element of the civil government lack the necessary service connection to be punishable under the UCMJ. Reference Study Guide Question #17

192 Separations from Service

193 Types of Discharges Types of discharges from military service
by court-martial: • Bad conduct – by either a special or general court-martial • Dishonorable – only by a general court-martial

194 Revoked Commission Officers may have their commission revoked prior to the time they complete three continuous years of commissioned service. This may be for disciplinary reasons or for other needs of the naval service.

195 Possible Discharge Navy officers who hold permanent commissions may
be discharged prior to completion of 20 years service if performance is unsatisfactory.

196 Character of Discharge
The “character” of the discharge from the naval service is important.

197 Conditions of Discharge
The separation may be: • Under honorable conditions • Under conditions other than honorable

198 Benefits Affected The type of discharge affects veterans’
benefits such as: • G.I. Bill education • Job preference • Pensions

199 Character of Discharge
Work Force College REMEMBER: the “character” of a discharge could affect entry into the civilian work force or school.

200 Causes of Undesirable Discharges
Causes of administrative “undesirable” separations include: • Incompatibility with service life • Performance below standards

201 Administrative Discharge
A non-punitive discharge prior to completion of an enlistment. A way for the military to move someone out without effecting post-service benefits.

202 Administrative Discharge (Continued)
Causes of administrative “undesirable” separations include: • Financial irresponsibility • Immoral conduct • Abnormal social behavior

203 Topic Review

204 Q. What two kinds of adverse discharges may be awarded by court-martial?
Reference Study Guide Question #18

205 Q. What two kinds of adverse discharges may be awarded by court-martial?
A. A bad conduct discharge may be awarded by either a special or general court-martial. A dishonorable discharge may be awarded only by a general court-martial. Reference Study Guide Question #18


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