Military Justice and the UCMJ

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Description and Tags

Vocabulary flashcards covering key terms and definitions regarding the Uniform Code of Military Justice (UCMJ), Article 15 non-judicial punishment, court-martial types, and Soldier rights.

16 Terms

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Article 31 Rights

The rights given to a Soldier under the Uniform Code of Military Justice, consisting of the right to remain silent, the right to demand trial, and the right to an attorney.

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Types of Court-martial

The three classifications of court-martial in the military justice system:

Summary,

Special,

General.

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Extra training or instruction

Corrective training that relates directly to an observed deficiency and is oriented to correct it; used when a Soldier's duty performance is substandard or deficient, and may be conducted after duty hours.

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Court of military appeals

The highest military court, sitting in Washington, D.C. (except for ceremonial and special hearing sessions), originally composed of three civilian judges appointed by the President for a 15-year term and confirmed by the Senate, increased effective October 1, 1990, to five civilian judges.

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Right to refuse an Article 15

The right of a service member to turn down non-judicial punishment and demand a trial by court martial, which applies in all circumstances except when aboard a ship.

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NCO extra duty under Article 15

Supervisory duty only.

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UCMJ

The Uniform Code of Military Justice; the statute that prescribes criminal law for Soldiers, declares what conduct is a crime, establishes the various types of courts, and sets forth basic procedures for administering military justice.

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Articles of War

The historical military regulations existing in various forms since 1775, which were replaced when Congress enacted the UCMJ in 1950.

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UCMJ Article Total

146 Articles, with 12 nested sub-articles, making an accurate total of 158 Articles (146 Articles+12 Sub-articles146 \text{ Articles} + 12 \text{ Sub-articles}).

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Field Grade Article 15

An Article 15 imposed by an officer of rank O4 or above.

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Article 15 Imposing Authority

Any commanding officer, including a warrant officer exercising command.

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Classifications of Article 15s

The three categories of non-judicial punishment: Summarized, Company grade, and Field grade.

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DA Form 2627-1

The official form used to record Summarized Article 15 proceedings.

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Punitive Articles

Articles 77 through 134 of the Uniform Code of Military Justice (UCMJ).

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Article 15

The article of the UCMJ under which Non-judicial punishment is imposed.

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Company Commander Maximum Punishments under Article 15

Punishments limited to: 14 days extra duty, 14 days restriction, 7 days correctional custody (E3 and below), 7 days forfeiture of pay, one grade reduction for E4 and below, and an oral or written letter of reprimand.