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30 Cards in this Set
- Front
- Back
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What does UCMJ |
Uniform code of military justice |
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What does MCM stand for |
Manual for courts martial |
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Why should Comanders use Nonpunitive measures to the fullest extent? |
A: to further the efficiency of the command before resorting to Nonjudicial punishment |
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what cases is the use of Nonjudicial punishment considered appropriate? |
A: Use of Nonjudicial punishment is proper in all cases involving minor offenses in which Nonpunitive measures are considered inadequate or inappropriate |
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What should be done if it is clear that Nonjudicial punishment will not be sufficient? |
If Nonjudicial punishment will not be sufficient to meet the ends of justice, more stringent measures must be taken |
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What is essential for Nonjudicial punishment to have the proper corrective effect? |
A: Prompt Action |
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What are the three reasons that Nonjucicial Punishment should be imposed?
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A: 1. Correct, educate, and reform offenders whom the imposing commander determines cannot benefit from less stringent measures. 2. Preserve a Soldier’s record of service from unnecessary stigma by record of court-martial conviction. 3. Further military efficiency by disposing of minor offenses in a manner requiring less time and personnel than trial |
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What is Nonjudicial punishment used to correct? |
: to correct misconduct in violation of the UCMJ |
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What are Nonpunitive measures?
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A: are primarily tools for teaching proper standards of conduct and performance and do not constitute punishment |
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What are some Nonpunitive measures? |
A: denial of pass or other privileges, counseling, administrative reduction in grade, administrative reprimands and admonitions, extra training, bar to reenlistment, and military occupational specialty (MOS) reclassification |
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Who has the Authority to give admonitions or reprimands either as an administrative measure or as Nonjudicial punishment? |
A: Commanding officers have authority to give admonitions or reprimands |
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What is One of the most effective Nonpunitive measures available to a commander? |
A: Extra training or instruction |
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When is Extra training or instruction used? |
A: It is used when a Soldier’s duty performance has been substandard or deficient; for example, a Soldier who fails to maintain proper attire may be required to attend classes on the wearing of the uniform and stand inspection until the deficiency is corrected |
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How must the training or instruction be given? |
A: must relate directly to the deficiency observed and must be oriented to correct that particular deficiency |
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When can Extra training or instruction be given?
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A: Extra training or instruction may be conducted after duty hours |
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Who can direct that a subordinate authority impose punishment under UCMJ, Art. 15? |
: No superior can direct that a subordinate authority impose punishment under UCMJ, Art. 15 |
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What does SCM stand for? |
A: Summary Court Martial |
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What does GCM stand for? |
A: General Court Martial |
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3-12 How long after an incident can Nonjudicial Punishment be imposed?
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A: Not more than 2 years before the date of imposition |
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What is the Statute of Limitations for Nonjudicial Punishment?
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A: 2 Years; unless the Soldier concerned is absent without authority; fleeing from justice; outside the territory where the United States has authority to apprehend; in the custody of civil authorities; or, in the hands of the enemy |
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What are the two types of Nonjudicial Punishment that a Company Commander may impose? |
A: Summary or Company Grade |
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What is the maximum punishment for a Summary Article 15?. |
A: 1. Extra duties for 14 days. 2. Restriction for 14 days . 3. Oral reprimand or admonition. 4. Any combination of the above |
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35. Para 3-16 Under a Summary Article 15 how long is normally given to the Soldier to decide if they choose to demand trial by court martial? |
A: usually 24 hours |
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Para 3-16 How long is a Soldier normally given to Appeal a Summary Article 15? |
A: Normally no longer than 5 days |
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Can a Commander delegate the notification of Article 15 to authorize a commissioned officer or NCO? , |
A: Yes as long as it is a SFC or above and provided such person is senior to the Soldier being notified |
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18 Who should the NCO performing the notification normally be? |
A: The First Sergeant or Senior NCO of the Organization |
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Does the Soldier have right to counsel if it is a Company Grade or Higher Article 15? |
A: Yes |
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How long will a Soldier be given to consult with Counsel? |
Normally 48 hours unless it proves difficult at the duty station at which Legal will advise the Commander of the time frame |
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Who are commanders are encouraged to consult prior to giving punishment under UCMJ? |
: Their NCO’s |
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Can the Article 15 be published on Bulletin Boards? |
: Yes after Social Security number has been removed |
