MILITARY CONDUCT AND JUSTICE BMR CHAPTER 2 HM1 VIDAL

MILITARY CONDUCT MILITARY CONDUCT AND JUSTICEAND JUSTICE

BMR CHAPTER 2BMR CHAPTER 2

HM1 VIDALHM1 VIDAL

THREE SOURCES THAT SET FORTH THREE SOURCES THAT SET FORTH THE LAW!!!!THE LAW!!!!

U.S. Navy RegulationsU.S. Navy Regulations

Standard Organization and Standard Organization and Regulations of the U.S. Navy (SORN)Regulations of the U.S. Navy (SORN)

Uniform Code of Military JusticeUniform Code of Military Justice

PERSONAL CONDUCTPERSONAL CONDUCT

PERSONAL CONDUCTPERSONAL CONDUCT

A good sailor always…A good sailor always… Acts in a military and seamanlike Acts in a military and seamanlike

mannermanner Puts the good of the navy before Puts the good of the navy before

personal likes and dislikespersonal likes and dislikes Obeys the rules of military courtesy and Obeys the rules of military courtesy and

etiquetteetiquette Demonstrates loyalty, self control, Demonstrates loyalty, self control,

honesty and truthfulnesshonesty and truthfulness Knows what to do in an emergency and Knows what to do in an emergency and

how to do it with the least waste of time how to do it with the least waste of time and with minimum confusionand with minimum confusion

CODE OF CONDUCTCODE OF CONDUCT

Code of ConductCode of Conduct

Prescribed in 1955 by Prescribed in 1955 by President EisenhowerPresident Eisenhower

Provides American military Provides American military personnel with a standard of personnel with a standard of conduct if captured by the conduct if captured by the enemyenemy

Provides a framework of ideals Provides a framework of ideals and ethical standards that will and ethical standards that will help personnel resist the help personnel resist the physical, mental and moral physical, mental and moral onslaughts of their captorsonslaughts of their captors


Article IArticle I I am an American, fighting in the I am an American, fighting in the

forces which guard my country and forces which guard my country and our way of life. I am prepared to give our way of life. I am prepared to give my life in their defense.my life in their defense.


Article IIArticle II I will never surrender of my own free I will never surrender of my own free

will. If in command I will never will. If in command I will never surrender the members of my surrender the members of my command while they still have the command while they still have the means to resist.means to resist.


Article IIIArticle III If I am captured, I will continue to If I am captured, I will continue to

resist by all means available. I will resist by all means available. I will make every effort to escape and aid make every effort to escape and aid others to escape. I will accept neither others to escape. I will accept neither parole nor special favors from the parole nor special favors from the enemy.enemy.


Article IVArticle IV If I become a prisoner of war, I will If I become a prisoner of war, I will

keep faith with my fellow prisoners. I keep faith with my fellow prisoners. I will give no information or take part in will give no information or take part in any action which might be harmful to any action which might be harmful to my comrades. If I am senior, I will take my comrades. If I am senior, I will take command. If not, I will obey the lawful command. If not, I will obey the lawful orders of those appointed over me orders of those appointed over me and will back them up in every way.and will back them up in every way.


Article VArticle V When questioned, should I become a When questioned, should I become a

prisoner of war, I am required to give prisoner of war, I am required to give name, rank, service number and date name, rank, service number and date of birth. I will evade answering further of birth. I will evade answering further questions to the utmost of my ability. questions to the utmost of my ability. I will make no oral or written I will make no oral or written statements disloyal to my country and statements disloyal to my country and its allies or harmful to their cause.its allies or harmful to their cause.


Article VIArticle VI I will never forget that I am an I will never forget that I am an

American, fighting for freedom, American, fighting for freedom, responsible for my actions, and responsible for my actions, and dedicated to the principles which dedicated to the principles which made my country free. I will trust in made my country free. I will trust in my God and in the United States of my God and in the United States of America.America.

WHAT ARE THE 3 SOURCES THAT WHAT ARE THE 3 SOURCES THAT GOVERN MILITARY CONDUCT AND GOVERN MILITARY CONDUCT AND

JUSTICE?JUSTICE?U.S. NAVY REGULATIONSU.S. NAVY REGULATIONS

STANDARD ORGANIZATION AND STANDARD ORGANIZATION AND REGULATIONS OF THE NAVY(SORN)REGULATIONS OF THE NAVY(SORN)

UNIFORM CODE OF MILITARY JUSTICEUNIFORM CODE OF MILITARY JUSTICE

WHAT PROVIDES AMERICAN MILITARY WHAT PROVIDES AMERICAN MILITARY PERSONNEL WITH A STANDARD OF PERSONNEL WITH A STANDARD OF

CONDUCT IF CAPTURED BY THE ENEMY?CONDUCT IF CAPTURED BY THE ENEMY?

CODE OF CONDUCTCODE OF CONDUCT

THE CODE OF CONDUCT WAS THE CODE OF CONDUCT WAS PRESCRIBED IN WHAT YEAR AND PRESCRIBED IN WHAT YEAR AND

BY WHICH PRESIDENT?BY WHICH PRESIDENT?

1955 BY PRESIDENT DWIGHT D. 1955 BY PRESIDENT DWIGHT D. EISENHOWEREISENHOWER

THE CODE OF CONDUCT IS THE CODE OF CONDUCT IS COMPRISED OF HOW MANY COMPRISED OF HOW MANY

ARTICLES?ARTICLES?

SIXSIX

ACCORDING TO ARTICLE 5 OF THE CODE OF ACCORDING TO ARTICLE 5 OF THE CODE OF CONDUCT, WHAT IS THE ONLY CONDUCT, WHAT IS THE ONLY

INFORMATION YOU ARE REQUIRED TO INFORMATION YOU ARE REQUIRED TO DIVULGE IF CAPTURED?DIVULGE IF CAPTURED?

NAMENAME

RANKRANK

SERVICE NUMBERSERVICE NUMBER

DATE OF BIRTHDATE OF BIRTH

MILITARY POLICEMILITARY POLICE

Military PoliceMilitary Police

Air ForceAir Force– Security PoliceSecurity Police

Army/Marine CorpsArmy/Marine Corps– Military Police (MP)Military Police (MP)

NavyNavy– Shore Patrol (SP)Shore Patrol (SP)

In areas that are unified In areas that are unified with combined forceswith combined forces– Armed Forces Police Armed Forces Police

Detachment (AFPD)Detachment (AFPD)

DISCIPLINEDISCIPLINE

DisciplineDiscipline The word The word disciplinediscipline comes comes

from a Latin word meaning from a Latin word meaning “to teach”.“to teach”.

Discipline is a character Discipline is a character builder, not a destroyer builder, not a destroyer of individualityof individuality..

Signs of discipline are Signs of discipline are shown in:shown in:– Smart salutesSmart salutes– UniformsUniforms– Reporting to stations on Reporting to stations on

timetime

MILITARY POLICE THAT PERFORM MILITARY POLICE THAT PERFORM DUTIES IN A UNIFIED JOINT AREA ARE DUTIES IN A UNIFIED JOINT AREA ARE

KNOWN AS WHAT?KNOWN AS WHAT?

ARMED FORCES POLICE DEPARTMENTARMED FORCES POLICE DEPARTMENT

(AFPD)(AFPD)

T OR F? DISCIPLINE SHOULD NOT T OR F? DISCIPLINE SHOULD NOT BE USED AS A CHARACTER BE USED AS A CHARACTER

BUILDER.BUILDER.

FALSEFALSE

PUNISHMENTPUNISHMENT

PunishmentPunishment Punishment is not personal, vindictive, Punishment is not personal, vindictive,

or inflicted as revenge for misconductor inflicted as revenge for misconduct Punishment must be consistent and Punishment must be consistent and

justjust Should NEVER lower self esteem or be Should NEVER lower self esteem or be

out of proportion to the offenseout of proportion to the offense***Personnel are punished as a result of ***Personnel are punished as a result of

their behaviortheir behavior***They will not be punished again if ***They will not be punished again if

they learn to conform to Navy they learn to conform to Navy standards of conductstandards of conduct

REGULATIONS THAT REGULATIONS THAT GOVERN THE U.S. NAVYGOVERN THE U.S. NAVY


Describes:Describes:– Principal parts of the Department of the NavyPrincipal parts of the Department of the Navy– Duties, authority, and responsibilities of some Duties, authority, and responsibilities of some

of the offices within the DoNof the offices within the DoN– Rights and responsibilities of all Navy Rights and responsibilities of all Navy

personnelpersonnel CNO is responsible for ensuring the U.S CNO is responsible for ensuring the U.S

Navy Regs conform to the current needs Navy Regs conform to the current needs of the DoN.of the DoN.

Changes are issued by the SECNAV after Changes are issued by the SECNAV after being approved by the Presidentbeing approved by the President


Examples:Examples: 1037. Authority of CWO, NCOs and Petty 1037. Authority of CWO, NCOs and Petty

OfficersOfficers– CWOs, Warrant Officers, NCOs and petty officers CWOs, Warrant Officers, NCOs and petty officers

shall have, under their superiors, all necessary shall have, under their superiors, all necessary authority for the proper performance of their authority for the proper performance of their duties, and they shall be obeyed accordinglyduties, and they shall be obeyed accordingly

1064. Detail of Enlisted Persons for Certain 1064. Detail of Enlisted Persons for Certain DetailsDetails– Petty officers will not be detailed to perform Petty officers will not be detailed to perform

mess duties, except when nonrated personnel mess duties, except when nonrated personnel are not availableare not available

1157. Leave and Liberty1157. Leave and Liberty– Leave and liberty will be granted to the Leave and liberty will be granted to the

maximum extent practicablemaximum extent practicable

Standard Organization and Standard Organization and Regulations of the U.S. NavyRegulations of the U.S. Navy

Found in OPNAVINST 3120.32Found in OPNAVINST 3120.32 Provides regulation and guidance of Provides regulation and guidance of

all membersall members Specifies duties and responsibilities Specifies duties and responsibilities

within a unit organizationwithin a unit organization

Standard Organization and Standard Organization and Regulations of the U.S. NavyRegulations of the U.S. Navy

510.18 Emergency Equipment510.18 Emergency Equipment– No person shall use emergency No person shall use emergency

equipment for any purpose other than equipment for any purpose other than that for which it is intended….that for which it is intended….

510.27 Intoxicated Persons510.27 Intoxicated Persons– The OOD or the CDO shall ensure that the The OOD or the CDO shall ensure that the

medical officer or a qualified rep shall medical officer or a qualified rep shall promptly examine all persons who return promptly examine all persons who return onboard in an intoxicated condition or onboard in an intoxicated condition or found onboard intoxicatedfound onboard intoxicated

Uniform Code of Military Uniform Code of Military JusticeJustice

Until 1951, the various military branches Until 1951, the various military branches operated under different military codesoperated under different military codes

Secretary of Defense James Forrestal Secretary of Defense James Forrestal initiated the interservice committee that initiated the interservice committee that drafted the UCMJ, which was passed by drafted the UCMJ, which was passed by congress on 5 MAY 1950 and signed into congress on 5 MAY 1950 and signed into law and became effective on 31 MAY law and became effective on 31 MAY 19511951

The The Manual for Courts-MartialManual for Courts-Martial (MCM) (MCM) consolidated and standardized military consolidated and standardized military legal procedureslegal procedures

UCMJUCMJ

Article 137 (Articles to be explained)Article 137 (Articles to be explained) Must be explained to every enlisted Must be explained to every enlisted

person at certain intervalsperson at certain intervals– At time of enlistmentAt time of enlistment– After 6 months of ADAfter 6 months of AD– During reenlistmentDuring reenlistment

UCMJUCMJ

ExamplesExamples Art 15 COs Nonjudicial PunishmentArt 15 COs Nonjudicial Punishment

– For some offenses, COs may offer an For some offenses, COs may offer an article 15 instead of court-martial. article 15 instead of court-martial. Receiving an article 15 is not a Receiving an article 15 is not a conviction and does not give a person a conviction and does not give a person a criminal recordcriminal record

Art 134 General ArticleArt 134 General Article

WHEN ISSUING PUNISHMENT, LEADERS WHEN ISSUING PUNISHMENT, LEADERS MUST CONSIDER ALL OF THE FOLLING MUST CONSIDER ALL OF THE FOLLING

EXCEPT WHAT?EXCEPT WHAT?

A.A.Punishment is not personal, vindictive, Punishment is not personal, vindictive, or inflicted as revenge for misconductor inflicted as revenge for misconductB.B.Delivered with intent to embarrass the Delivered with intent to embarrass the perpetratorperpetratorC.C.Punishment must be consistent and Punishment must be consistent and justjustD.D.Should NEVER lower self esteem or be Should NEVER lower self esteem or be out of proportion to the offenseout of proportion to the offense

WHEN ISSUING PUNISHMENT, LEADERS WHEN ISSUING PUNISHMENT, LEADERS MUST CONSIDER ALL OF THE FOLLING MUST CONSIDER ALL OF THE FOLLING

EXCEPT WHAT?EXCEPT WHAT?

B. Delivered with intent to embarrass B. Delivered with intent to embarrass the perpetratorthe perpetrator

WHO IS RESPONSIBLE FOR ENSURING WHO IS RESPONSIBLE FOR ENSURING THAT NAVY REGULATIONS CONFORM THAT NAVY REGULATIONS CONFORM

TO THE CURRENT NEEDS OF THE TO THE CURRENT NEEDS OF THE NAVY?NAVY?

CNOCNO

CHANGES TO NAVY REGULATIONS ARE CHANGES TO NAVY REGULATIONS ARE ISSUED BY THE SECRETARY OF THE ISSUED BY THE SECRETARY OF THE NAVY AFTER BEING APPROVED BY NAVY AFTER BEING APPROVED BY

WHO?WHO?

THE PRESIDENTTHE PRESIDENT

ON WHAT DAY DID THE ON WHAT DAY DID THE UCMJ BECOME EFFECTIVE?UCMJ BECOME EFFECTIVE?

MAY 31, 1951MAY 31, 1951

WHICH ARTICLE OF THE UCMJ GRANTS WHICH ARTICLE OF THE UCMJ GRANTS COs THE AUTHORITY TO ISSUE COs THE AUTHORITY TO ISSUE

NONJUDICIAL PUNISHMENT?NONJUDICIAL PUNISHMENT?

ARTICLE 15ARTICLE 15

WHAT DOCUMENT SOURCE SPECIFIES WHAT DOCUMENT SOURCE SPECIFIES DUTIES AND RESPONSIBILITIES WITHIN DUTIES AND RESPONSIBILITIES WITHIN

A NAVY UNIT ORGANIZATION?A NAVY UNIT ORGANIZATION?

STANDARD ORGANIZATION AND STANDARD ORGANIZATION AND REGUALTIONS OF THE U.S. NAVYREGUALTIONS OF THE U.S. NAVY

(SORN) (SORN)

ARTICLE 15 - NJP ARTICLE 15 - NJP (CAPTAINS MAST)(CAPTAINS MAST)

Article 15 - NJP (Captains Article 15 - NJP (Captains Mast)Mast)

If you break a rule or are negligent, careless, If you break a rule or are negligent, careless, or unmilitary in your conduct, an officer or or unmilitary in your conduct, an officer or petty officer may put you on reportpetty officer may put you on report

Being “put on report” means you may see Being “put on report” means you may see “the man”“the man”

Anyone who is not attached to or embarked Anyone who is not attached to or embarked in a vessel may demand trial by court-martialin a vessel may demand trial by court-martial

Punishments permitted at captain’s mast Punishments permitted at captain’s mast depend on the rank of the officer holding depend on the rank of the officer holding mastmast

A CO that decides an offense deserves A CO that decides an offense deserves punishment more severe than he is punishment more severe than he is authorized to give may order court-martialauthorized to give may order court-martial


PunishmentsPunishments RestrictionRestriction

– The requirement to remain within certain The requirement to remain within certain specified limitsspecified limits

– Although required to muster at certain times, Although required to muster at certain times, the restricted personnel usually continues to the restricted personnel usually continues to perform their regular dutiesperform their regular duties

Correctional Custody (confinement)Correctional Custody (confinement) Confinement on Bread and Water or Confinement on Bread and Water or

Diminished RationsDiminished Rations– May be imposed only on enlisted persons E-3 May be imposed only on enlisted persons E-3

and below aboard shipand below aboard ship


PunishmentsPunishments Extra DutyExtra Duty

– Performed after regular working hoursPerformed after regular working hours– Not to exceed 2 hours dailyNot to exceed 2 hours daily– Not to be performed on holidaysNot to be performed on holidays

Forfeiture of PayForfeiture of Pay– Detention period must be specifiedDetention period must be specified– Money is normally returned at the end Money is normally returned at the end

of the detention period, up to 1 yearof the detention period, up to 1 year


AppealsAppeals Must be made within a reasonable Must be made within a reasonable

time, usually 5 daystime, usually 5 days Meritorious and Request MastsMeritorious and Request Masts

– May be held by CO to give May be held by CO to give awards/commendationsawards/commendations

COURTS-MARTIALCOURTS-MARTIAL

COURTS-MARTIALCOURTS-MARTIAL

Summary Courts-martialSummary Courts-martial Consists of one commissioned officerConsists of one commissioned officer Can award any sentence that may be Can award any sentence that may be

given at mastgiven at mast Can also award additional Can also award additional

punishmentspunishments– 1 month confinement1 month confinement– Hard labor without confinement for 45 Hard labor without confinement for 45

daysdays

COURTS-MARTIALCOURTS-MARTIALSpecial Courts-MartialSpecial Courts-Martial Must consist of:Must consist of:

– Not less than three membersNot less than three membersOrOr– Only a military judgeOnly a military judge

The accused has the right to:The accused has the right to:– Know the identity of the military judgeKnow the identity of the military judge– Consult with the defense counsel and request that the court Consult with the defense counsel and request that the court

consist of only the military judgeconsist of only the military judge May award the same punishment of a summary court-May award the same punishment of a summary court-

martial, or it may add additional punishment such as:martial, or it may add additional punishment such as:– ““Big Chicken Dinner”Big Chicken Dinner”– 6 months confinement6 months confinement– Loss of 2/3 pay x 6 monthsLoss of 2/3 pay x 6 months– Hard labor without confinement for 3 monthsHard labor without confinement for 3 months

COURTS-MARTIALCOURTS-MARTIALGeneral Court-martialGeneral Court-martial Consists of:Consists of:

– Military judge and not less than Military judge and not less than 5 members5 members

OrOr– Only a military judgeOnly a military judge

Accuser may request only a Accuser may request only a military judgemilitary judge

Can award any punishment Can award any punishment not forbidden by the UCMJ, not forbidden by the UCMJ, including deathincluding death

Defense counsel may be a Defense counsel may be a civilian or a military lawyer civilian or a military lawyer selected by the accusedselected by the accused

****If a civilian counsel is ****If a civilian counsel is selected, the accused must selected, the accused must pay the counsel’s expenses, pay the counsel’s expenses, regardless of the outcomeregardless of the outcome

Didn’t I tell you? She told me she was in “school” She didn’t’ say “high school”!

PUNISHMENT ISSUED AT CAPTAIN’S PUNISHMENT ISSUED AT CAPTAIN’S MAST IS BASED ON THE PRESIDING MAST IS BASED ON THE PRESIDING

OFFICER’S WHAT?OFFICER’S WHAT?

RANKRANK

T OR F? A CO THAT DECIDES THAT AN OFFENSE T OR F? A CO THAT DECIDES THAT AN OFFENSE DESERVES PUNSISHMENT MORE SEVERE THAN HE DESERVES PUNSISHMENT MORE SEVERE THAN HE

IS AUTHORIZED TO GIVE MAY ORDER COURTS IS AUTHORIZED TO GIVE MAY ORDER COURTS MARTIAL.MARTIAL.

TRUETRUE

CONFINEMENT ON BREAD AND WATER CONFINEMENT ON BREAD AND WATER MAY BE AWARDED TO PERSONNEL MAY BE AWARDED TO PERSONNEL ABOARD SHIP OF WHAT RANKS?ABOARD SHIP OF WHAT RANKS?

E-3 AND BELOWE-3 AND BELOW

EXTRA DUTY WILL NOT EXTRA DUTY WILL NOT EXCEED HOW MANY HOURS IN EXCEED HOW MANY HOURS IN

A DAY?A DAY?

2 HOURS2 HOURS

CAPTAIN’S MAST APPEALS CAPTAIN’S MAST APPEALS SHOULD USUALLY BE MADE SHOULD USUALLY BE MADE WITHIN HOW MANY DAYS?WITHIN HOW MANY DAYS?

5 DAYS5 DAYS

A SUMMARY COURTS MARTIAL A SUMMARY COURTS MARTIAL CONSISTS OF HOW MANY CONSISTS OF HOW MANY

COMMISSIONED OFFICERS?COMMISSIONED OFFICERS?

ONEONE

WHAT COURTS MARTIAL CAN AWARD WHAT COURTS MARTIAL CAN AWARD ANY PUNISHMENT GRANTED BY THE ANY PUNISHMENT GRANTED BY THE

UCMJ, INCLUDING DEATH?UCMJ, INCLUDING DEATH?

GENERAL COURTS MARTIALGENERAL COURTS MARTIAL

WHO DAT WHO GOT WHO DAT WHO GOT QUESTIONS?????!!!!!QUESTIONS?????!!!!!

Documents

MILITARY CONDUCT AND JUSTICE BMR CHAPTER 2 HM1 VIDAL