Results for military justice

Military Justice

AR 27-10 is the Army's implementing regulation for military justice: nonjudicial punishment, courts-martial administration, and the Army's policies under the Manual for Courts-Martial. Leaders reach for it most often for Article 15 procedures and filing decisions. It is revised frequently -- always confirm the current edition with your servicing judge advocate.

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.

UCMJ

Uniform Code of Military Justice

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.

How long does a Soldier have to appeal an Article 15, and to whom?

Five calendar days from the imposition of punishment, submitted to the next superior authority above the commander who imposed it. An appeal filed after that may be rejected as untimely.

What are the maximum punishments under a summarized Article 15?

Extra duty for up to 14 days, restriction for up to 14 days, an oral reprimand or admonition, or any combination of those. A summarized Article 15 cannot reduce a Soldier or take pay.

What are the three types of Article 15?

Summarized, company grade, and field grade.

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 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.