Department of Defense - U.S. Navy

United States Navy: Uniform Code of Military Justice

J2001

United States Navy: Uniform Code of Military Justice
« on: February 09, 2018, 01:27:22 PM »


United States Navy
Material Reference: Uniform Code of Military Justice

Index
Chapter 1 - General Provisions
Section 1.1 - Definitions
Section 1.2 - Persons Subject to the UCMJ
Section 1.3 - Jurisdiction
Section 1.4 - Amendments to the UCMJ

Chapter 2 - Non-Judicial Punishment
Section 2.1 - Enlisted/Warrant Officer Non-Judicial Punishment
Section 2.2 - Commissioned Officer Non-Judicial Punishment
Section 2.3 - Rights of the Accused
Section 2.4 - Letter of Admonition

Chapter 3 - Punitive Articles
Article 1 - Aiding the Enemy
Article 2 - Absence without Leave
Article 3 - Disrespect to Fellow Soldier/Superior
Article 4 - Insubordinate Conduct
Article 5 - Cruelty and Maltreatment
Article 6 - Desertion
Article 7 - Perjury
Article 8 - Riot or Breach of Peace
Article 9 - Violation of Sulake Terms and Agreement
Article 10 - Unstable Account Security
Article 11 - Malfeasance in Office
Article 12 - Operational Security Risk
Article 13 - Resignation to Avoid Punishment
Article 14 - General Article

Chapter 4 - Demotions and Discharges
Section 4.1 - Demotions
Section 4.2 - Honorable Discharge
Section 4.3 - General Discharge
Section 4.4 - Dishonorable Discharge

Chapter 5 - Appeals Process

Chapter 1 - General Provisions
Section 1.1 - Definitions
CNO - Chief of Naval Operations
VCNO - Vice Chief of Naval Operations
DNS - Director, Naval Staff
DCNO MPTE - Deputy Chief of Naval Operations for Manpower, Training and Education
NAVINSGEN - Naval Inspector General
ONAVINSGEN - Office of the Naval Inspector General
AWOL - Absence without Leave
NJP - Non-Judicial Punishment
UCMJ - Uniform Code of Military Justice

Section 1.2 - Persons Subject to the UCMJ
All personnel of the United States Navy, whether on active duty or reserves.

Section 1.3 - Jurisdiction
The Uniform Code of Military Justice (UCMJ) is administered by the Office of Vice Chief of Naval Operations. The Naval Inspector General is solely responsible for the sustained enforcement of the UCMJ.

Section 1.4 - Amendments to the UCMJ
Amendments to the UCMJ are made by the Vice Chief of Naval Operations with consent and approval from the Chief of Naval Operations. The CNO may make changes to the UCMJ as needs of the United States Navy may change at any given notice. An announcement will be made following any amendments made to the UCMJ.

Chapter 2 - Non-Judicial Punishment
Non-Judicial Punishment, herein referred to as NJP, is any form of punishment prescribed by a commanding officer to any member of the United States Marine Corps without the need for further review by the NAVINSGEN and/or the CNO and/or VCNO and/or DNS.

Section 2.1 - Enlisted/Warrant Officer Non-Judicial Punishment
The following are the types of NJP able to be imposed on enlisted and warrant officer personnel:

Letter of Admonition (Infraction Slip)
Removal of AIT's
Temporary reduction of rank for no more than 7 days
Permanent reduction of one rank

Section 2.2 - Commissioned Officer Non-Judicial Punishment
The following are the types of NJP able to be imposed on commissioned officer personnel:

Letter of Admonition (Infraction Slip)
Removal of AIT's

Section 2.3 - Letter of Admonition
A letter of admonition (also known as an infraction slip) is given to a subordinate ranking member by a superior commissioned officer, or by a member of the ONAVINSGEN (Military Police). Master-at-Arms officers have the obligation to submit letters of admonition to any ranking member of the United States Navy, regardless of rank. A letter of admonition will be distributed for every offense against the UCMJ that is committed. The handling of letters of admonition will be charted by members of the ONAVINSGEN.

Chapter 3 - Punitive Articles
Art. 1: Aiding the enemy; any person who, without proper authority, knowingly harbors, protects, or gives intelligence to, or communicates/corresponds with, or holds any intercourse with the enemy.
First offence: dishonorable discharge

Art. 2: Absence without leave; any person who, without authority, withdraws or remains absent from his duties as a soldier for seven (7) or more days.
First offence: general discharge; see HQDON, DCNO MPTE, or BUPERs staff for reinstatement.

Art. 3: Disrespect toward fellow sailor/superior; any person subject to this article who behaves with disrespect toward his subordinate(s) or superiors shall be punished.
First offence: verbal warning up to letter of admonition, depending on severity of offense
Second offence: temporary demotion (7 days), promotion lock x1 month.
Third offence: dishonorable discharge

Art. 4: Insubordinate conduct; any person subject to this article who wilfully disobeys a lawful, dutiful command of a superior.
First offence: letter of admonition
Second offence: demotion by one rank (temporary demotion may be utilised with discretion of the officer in relation to the severity of the offence)
Third offence: dishonorable discharge

Art. 5: Cruelty and maltreatment; any person subject to this article who is cruel toward, or provides maltreatment, towards any other member.
First offense: letter of admonition with temporary demotion (7 days), promotion lock x1 month.
Second offence: dishonorable discharge

Art. 6: Desertion; any person who seeks out and accepts a position in another place of employment in addition to the United States Marine Corps shall be punished.
First offence: general discharge (pardon request not necessary for return)

Art. 7: Perjury; any marine who in a judicial proceeding or in a course of justice wilfully and corruptly, 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.
First offence: dishonorable discharge

Art. 8: Riot or breach of peace; any person who causes or participates in any riot or breach of peace shall be punished.
First offense: letter of admonition with demotion by three ranks, promotion lock x1 month.
Second offence: dishonorable discharge

Art. 9: Violation of Sulake terms and agreement; any person found guilty of violating the “Habbo Way,” shall be punished.
All punishments are based on discretion of the officer.

Art. 10: Unstable account security; any member who poses a security risk by means of allowing access to their account(s) (e.g. Habbo account, forum account) by a third party without consent of the CNO/VCNO/DNS/NAVINSGEN.
First offence: letter of admonition and demotion by two ranks
Second offence: dishonorable discharge

Art. 11: Malfeasance in office; any member who uses their rank, position or title to abuse their authority in a conduct unbecoming manner towards personnel, civilians, or members of foreign agencies; or, the commission of an unlawful act, done in an official capacity, which affects the performance of official duties.
First offense: letter of admonition with demotion by one rank and removal from command position.
Second offence: dishonorable discharge

Art. 12: Operational security risk; any member who intentionally promotes, releases, exploits, or advertises files and/or directives pertaining to operational security (OPSEC), shall be punished.
First offence: dishonorable discharge

Art. 13: Resignation to avoid punishment; any member who intentionally submits a letter of resignation as a form of avoiding a punishment served by a superior.
First offence: dishonorable discharge

Art. 14: General article; though not specifically mentioned previously, all disorders and neglects to the prejudice of good order and discipline in the United States Navy, all conduct of a nature to bring discredit upon the United States Navy, and crimes and offences not capital, of which persons subject to this article may be guilty, shall be taken cognisance of by a general, special, or summary court martial, according to the nature and degree of the offence, and shall be punished.

All punishments are based on discretion of the officer, but shall include a letter of admonition.

Chapter 4 - Demotions and Discharges
Section 4.1 - Demotions
All demotions must be carried out by a sailor’s commanding officer. For conduct that violates the UCMJ that is observed by a superior who is not the sailors's commanding officer, said behavior must be documented and submitted via Complaint Form (CF) to the commanding officer of the sailor in violation. The commanding officer shall review the CF and distribute punishment as appropriate, following the guidelines set forth by the UCMJ. Any commissioned officer may deliver a demotion to a sailor who does not belong to a military occupational specialty. All permanent demotions must be documented using the appropriate Dishonorable Discharge & Demotion Record Form on the Personnel Tracking System (PTS).

Section 4.2 - Honorable Discharge
Honorable discharges are granted by members of Bureau of Naval Personnel. To receive an honorable discharge, a sailor must have received a good rating for their service and have served in the United States Navy for no less than sixty (60) days. The sailor’s direct commanding officer must affirm that the marine requesting the honorable discharge served admirably.  If a member who received an honorable discharge wishes to return to the United States Navy, said member may return at the same rank he or she was honorably discharged with in accordance with the Time-in-Grade table.

Section 4.3 - General Discharge
General discharges are granted by members of Bureau of Naval Personnel. To receive a general discharge, a sailor must have received a satisfactory rating for their service and have served in the United States Sailor for no less than ten (10) days. The sailor’s direct commanding officer must affirm that the sailor requesting the general discharged served with satisfaction. A sailor with more than sixty days of service may also receive a General Discharge if their service within the United States Navy was less than honorable. If a member who received a general discharge wishes to return to the United States Navy, said member may return with a -1 rank demotion in accordance with the Time-in-Grade table.

Section 4.4 - Dishonorable Discharge
A dishonorable discharge can be delivered by any commissioned officer of the United States Navy for any reason listed under Chapter 3 of the UCMJ, or for any reason deemed appropriate by the Headquarters, Department of the Navy. Dishonorable discharges will also be administered to those resigning from the United States Marine Corps with less than ten (10) days served.  If a member who received a dishonorable discharge wishes to return to the United States Marine Corps, said member must submit a pardon request to the ONAVINSGEN. The pardon request will be investigated and reviewed to determine whether the request will be granted or denied.

Chapter 5 - Appeals Process
Any member who has received a punishment may request a punishment appeal if he or she feels as though the punishment is unjust. The ONAVINSGEN will investigate the appeal request and render it granted or denied within five (5) days of appeal submission.

If the ONAVINSGEN appeal review is not accepted by said member, he or she may request a review by the CNO/VCNO. The CNO/VCNO will investigate the appeal request and render it granted or denied within seven (7) days of appeal submission. This is the final appeal stage.
« Last Edit: October 14, 2018, 08:10:45 PM by J2001 »