Results for ucmj

What rights does Article 31, UCMJ, give a Soldier?

Before questioning a Soldier suspected of an offense, the questioner must tell the Soldier of the nature of the accusation, advise the Soldier of the right not to make any statement about the offense, and warn that any statement may be used as evidence in a trial by court-martial. No one may compel a Soldier to incriminate himself or herself.

Can a Soldier refuse an Article 15?

Yes. A Soldier may demand trial by court-martial instead of accepting nonjudicial punishment, unless the Soldier is attached to or embarked in a vessel. Refusing an Article 15 does not guarantee the case goes to trial, but the commander may not impose the Article 15 over the Soldier's demand.

What are the three types of courts-martial?

Summary, special, and general. The summary court-martial handles minor offenses by enlisted Soldiers and consists of one commissioned officer. The special court-martial is the intermediate level and can adjudge confinement of up to one year and a bad-conduct discharge. The general court-martial is the highest level and may adjudge any punishment authorized for the offense, including a dishonorable discharge and, where the law allows, death.

What form records an Article 15?

DA Form 2627, the Record of Proceedings Under Article 15, UCMJ. Summarized proceedings are recorded on DA Form 2627-1.

What is the difference between an Article 15 and a court-martial?

An Article 15 is nonjudicial punishment imposed by a commander for minor offenses. It is not a criminal conviction, the commander decides the case, and punishments are limited by the commander's grade. A court-martial is a federal criminal trial with a military judge, counsel, and in most cases a panel. A conviction at a court-martial is a criminal conviction and can include a punitive discharge and confinement.

What is the Uniform Code of Military Justice?

It is the federal law that establishes the military justice system, enacted by Congress in 1950 and effective in 1951. It defines military criminal offenses, sets out the types of courts-martial, and provides for nonjudicial punishment.