Military Justice & Discipline

Article 32 Hearing

The military equivalent of a civilian grand jury preliminary hearing.

Uniquely Military Crimes

Offenses like desertion, AWOL, dereliction of duty, and fraternization.

UCMJ Jurisdiction over Persons

Applies to active duty, cadets, retirees, EPWs, and deployed civilians.

UCMJ Jurisdiction over Offenses

Worldwide jurisdiction over applicable military offenses.

Soldiers' Rights

Includes presumption of innocence, right against self-incrimination, and right to counsel.

Corrective Training Limit

Must be training to fix a weakness, NOT a punishment.

Administrative Reprimand (AR 600-37)

Formal document recording misconduct or poor performance in official files.

Reprimand Filing Options

Can be filed in a local file or the AMHRR.

Bar to Continued Service (AR 601-280)

Action taken to prevent soldiers with misconduct or poor performance from reenlisting.

Administrative Separation

An administrative action to discharge a soldier, similar to firing.

Honorable, General, and Other than honorable

Honorable Discharge

Given for no/minor misconduct; retains entitlement to all veteran benefits.

General Discharge

Given for minor misconduct; retains entitlement to most veteran benefits.

Other Than Honorable (OTH)

Given for serious misconduct; results in forfeiture of most benefits.

Standard of Proof for Admin Separation

Preponderance of the evidence.

Article 15 (Nonjudicial Punishment)

Allows commanders to punish minor offenses without trial by court-martial.

Summarized Article 15 Limits

Up to 14 days restriction and 14 days extra duty.

Company Grade Article 15 Limits

7 days forfeiture, 1 grade reduction (E1-E4), 14 days restriction/extra duty.

Field Grade Article 15 Restriction

Up to 60 days restriction (or 45 days if with extra duty).

Court-Martial

Formal military legal trial used primarily for serious criminal offenses.