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60 Cards in this Set
- Front
- Back
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State the purpose of Military Law.
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a. Promotes good order and discipline.
b. Provides a basis for the administration of justice for the Armed Forces |
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State who is empowered to uphold the UCMJ.
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a. Any person can report a violation of the UCMJ to competent military authority. The table below shows when a violation can be
reported. IF THE VIOLATOR CAN THEN REPORT THE VIOLATION TO Be identified The suspect's commander. Not be identified Law enforcement or investigative personnel, or the appropriate persons in the chain of command. b. Military law enforcement officials, commissioned, warrant, petty, and noncommissioned officers may apprehend violators. NOTE: Noncommissioned and petty officers not otherwise performing law enforcement duties should not apprehend commissioned officer unless directed to do so by a commissioned officer. c. Staff judge advocates and legal officers are responsible for administering the UCMJ. |
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State to whom the UCMJ applies
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a. Members of a regular or reserve component of the Armed Forces
b. Members of the Fleet Reserve and Fleet Marine Corps Reserve c. Members of a reserve component while on inactive-duty training d. Members of the Army National Guard and the Air National Guard only when federalized e. In time of war, all persons serving with or accompanying an Armed Force in the field f. Volunteers from the time of their muster or acceptance into the Armed Forces g. Inductees from the time of their actual induction into the Armed Forces 1-1-2 h. Cadets, aviation cadets, and midshipmen i. Retired members of a regular component who are entitled to pay j. Retired members of a reserve component who are receiving hospitalization from an Armed Force |
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Explain ARTICLE 86, Absent without leave
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You shall be punished by your commanding officer, or a court-martial may direct, if, without authority, you
(1) Fail to go to your appointed place of duty at the time prescribed. (2) Go from your appointed place of duty during the prescribed time you are required to be there. (3) Are absent from your unit, organization, or place of duty where you are required at the time prescribed. |
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Explain ARTICLE 89, Disrespect toward a superior commissioned officer
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You shall be punished by your commanding officer or a court-martial may direct, if, without authority, you behave with
disrespect toward your superior commissioned officer |
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Explain ARTICLE 90, Assault on or willfully disobey a superior commissioned officer.
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You shall be punished by your commanding officer or a court-martial may direct, if, without authority, you do any of the
following or, if the offense is committed in time of war, a court-martial may direct that you be punished by death. (1) Strike your superior commissioned officer (2) Draw or lift up any weapon against your superior commissioned officer (3) Offer any violence against your superior commissioned officer (4) Willfully disobey a lawful command by your superior commissioned officer while that superior commissioned officer is in the execution of the office |
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Explain ARTICLE 91, Insubordinate conduct toward a warrant officer, noncommissioned officer, or petty officer.
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You shall be punished by your commanding officer or court-martial may direct, if, without authority, you
(1) Strike or assault. (2) Willfully disobey. (3) Are disrespectful in language or deportment toward a warrant officer, noncommissioned officer, or petty officer while that officer is in the execution of the office. |
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Explain ARTICLE 121, Larceny and wrongful appropriation
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You shall be punished by your commanding officer or a court-martial may direct, if, without authority, you wrongfully take,
obtain, or withhold (by any means) any money, personal property, or article of value of any kind with the following intentions: - Intend to permanently or temporarily deprive or defraud another person of the use and benefit of property or appropriate it for your own use or the use of any person other than the owner, or steal that property |
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Explain ARTICLE 128, Assault
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You shall be punished by your commanding officer or a court-martial may direct, if, without authority, you do any of the
following: (1) Simple Assault -- Attempt with unlawful force or violence to do bodily harm to another person, whether or not the attempt is consummated. (2) Assault Consumed by Battery -- Commit an assault with a dangerous weapon or other means of force likely to cause death or grievous bodily harm. (3) Aggravated Assault -- Commit an assault and intentionally inflict grievous bodily harm with or without a weapon. |
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Explain ARTICLE 134, General article
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You shall be punished by your commanding officer or a court-martial may direct, if, without authority, you
(1) Cause any disorder or show neglect to the prejudice of good order and discipline in the armed forces. (2) Demonstrate any conduct of a nature to bring discredit upon the armed forces. (3) Commit any crime and offense that is not capital. |
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Explain reprimand
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A reprimand is a severe form of censure that adversely reflects upon the conduct of the person addressed.
(1) A reprimand may be presented either orally or in writing; however, it is normally delivered in the written form. (2) The convening authority of a court-martial or a commanding officer may punish you by censure. |
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Explain forfeiture of pay and allowances.
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A forfeiture deprives you, as the accused, of all or a specific amount of money to be accrued (earned in the future) as a result of
service in the armed forces of the United States. |
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Explain fine.
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A fine is in the nature of a judgment and, when ordered executed, makes the accused immediately liable to the United States for
the entire amount of money specified in the sentence. A fine normally should not be adjudged against a member of the armed forces unless the accused was unjustly enriched as a result of the offense of which convicted. Ordinarily, a fine, rather than forfeiture, is the proper monetary penalty to be adjudged against a civilian subject to military law. b. Any court-martial may adjudge a fine instead of forfeitures. General courts-martial may also adjudge a fine in addition to forfeitures. Special and summary courts-martial may not adjudge any fine in excess of the total amount of forfeitures that may be adjudged in that case. To enforce collection, a fine may be accompanied by a provision in the sentence that, if the fine is not paid, you should, in addition to any period of confinement adjudged, be further confined until a fixed period considered an equivalent punishment to the fine has expired. The total period of confinement so adjudged shall not exceed the jurisdictional limitations of the court-martial. |
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Explain reduction in pay grade
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A court-martial may sentence you to a reduction to the lowest or any intermediate pay grade.
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Explain restrictions to specific limits.
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Restriction deprives you, the accused, of normal liberty privileges.
(1) The sentence will specify the physical and geographical locations in which you are allowed, how long the restrictions will last, and when you must be present at specific locations. (2) When being punished by restrictions, you are not exempt from performing normal duty requirements. |
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Explain hard labor without confinement
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You perform hard labor in addition to regular duties.
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Explain confinement
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a. Confinement deprives you of normal liberty privileges and is a form of physical restraint, which provides for the assignment of
quarters at a specific location (usually a correctional facility). b. Unless specified in the sentencing, you must perform hard labor |
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Explain confinement of bread and water or diminished rations
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a. A physical restraint to specific quarters (normally the ship's brig) while enduring a specific reduction of rations (normally bread
and water only). b. May only be assigned when you are sentenced aboard a Naval vessel and may not exceed 3 days |
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Explain punitive separation
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This form of punishment results in your separation from the service with either a dishonorable or a bad-conduct discharge.
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Explain death.
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a. This form of punishment results in execution.
b. Death may be adjudged only in accordance with R.C.M. 1004. |
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Explain summary court-martial
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a. A summary court-martia l is composed of one active duty commissioned officer with the rank of captain or higher.
b. The lowest level of authority to convene a summary court-martial is normally a battalion commander or other equivalent; however, under special circumstances, the superiors of a commanding officer of a separate or detached command may grant the authority. c. A summary court-martial may adjudge any punishment not forbidden by the UCMJ, except confinement for more than 1 month with hard labor, without confinement for more than 45 days, restriction for more than 2 months, or forfeiture of more than 1 month's pay. In the case of sergeants and above, a summary court-martial may not award a reduction of more than one rank and hard labor without confinement. d. Except aboard ship, you may refuse a summary court-martial and may request a special or general court-martial. However, a conviction at a special or general courts-martial results in a felony conviction. e. A summary court-martial may not try a commissioned officer, warrant officer, cadet, or midshipman for any capital offenses. You cannot be compelled to accept a summary court-martial. Since a summary court-martial is less formal than the other two types of court-martial, you may refuse to accept trial by summary courts-martial and may request a special court-martial. However, you should be aware that conviction by a special or general court-martial constitutes a felony conviction. |
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Explain special court-martial
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a. A special court-martial can be composed of a military judge alone, or a military judge and not less than three active-duty armed
service members. The impartial personnel can be commissioned officers, warrant officers, or enlisted personnel. If you, the accused, are a commissioned officer, no member can be a warrant officer or enlisted person. If you, the accused, are an enlisted person, you may request that at least one third of the members of the court be enlisted. b. The lowest level of authority to convene a special court-martial is normally a squadron or battalion commander or equivalent. However, under special circumstances, the superiors of a commanding officer of a separate or detached command may grant the authority. c. A special court-martial may adjudge any punishment not forbidden by the UCMJ, including confinement for 6 months, hard labor without confinement for 3 months, or forfeiture of more than two-thirds pay for 6 months, a bad conduct discharge, and reduction in rank. d. Normally, a special court-martial may not try any capital offense when there is a mandatory punishment beyond the maximum power of a special court-martial. |
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Explain general court-martial.
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a. A general court-martial can be composed of a military judge alone or a military judge and not less than five impartial active-duty
armed services personnel. The impartial personnel can be commissioned officers, warrant officers, or enlisted personnel. If you, the accused, are a commissioned officer, no member can be a warrant officer or enlisted person. If you, the accused, are an enlisted person, you may request that at least one third of the court's members be enlisted. b. The lowest level of authority to convene a general court-martial is usually the commanding general of a division, wing, base, or the equivalent. However, under special circumstances, the commanding officer of a separate or detached command may be granted the authority by his superiors. c. A general court-martial may adjudge any punishment not forbidden by the UCMJ. |
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Rights of the accused as described in Article 31 of the UCMJ.
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a. General provisions of Article 31.
(1) No person may be forced to incriminate himself or answer any questions that may tend to incriminate himself. b. Article 31 applied to the rights of the accused. (1) The accused may not be interrogated or questioned without first informing him (a) Of the nature of the accusation against him. (b) Of his right to remain silent. (c) That any statement made by him may be used against him. (2) The accused may not be compelled to provide a statement or evidence that is not relevant to the issue and that may tend to degrade him. (3) No statement obtained from any person through the use of coercion, unlawful influence, or inducement may be used as evidence against the accused. |
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Rights of the accused at any preliminary investigation
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a. To be informed of the purpose of the investigation
b. To be informed of the right against self-incrimination (Article 31) c. To be informed of the charges under investigation d. To be informed of the identity of the accuser e. To be informed of the witnesses and other evidence f. To be present throughout the taking of evidence g. To be represented by counsel 1-1-10 h. To cross-examine witnesses i. To present anything in defense j. To make a statement in any form |
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State the purpose of NJP.
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The purpose of NJP is to give the commander the ability to maintain good order and discipline.
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State when NJP can be administered
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NJP is given for minor offenses of the UCMJ. A minor offense is one for which the maximum sentence, if tried by a general
court-martial, does not include a dishonorable discharge or confinement of greater than one year. |
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Explain the right to refuse NJP.
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Before the imposition of NJP proceedings, the accused may demand trial by court-martial in lieu of NJP.
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Explain the right to appeal.
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The accused may appeal the punishment if he considers it unjust or disproportionate to the offense
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Explain the procedures for appeal
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The Marine may appeal the NJP
(1) By submitting a written statement describing why he considers the punishment unjust or disproportionate (2) Within 5 days of imposition of punishment (3) Through the chain of command to the next superior authority |
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Explain the use of the chain of command to solve problems
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a. To solve a problem, a Marine can communicate his complaint to his commanding officer, and then to each successive
commanding officer in his chain of command. All that is required is for the Marine to follow the chain of command, one step at a time. The chain of command is the system which the Corps uses to ensure that each military member has one immediate supervisor and that each supervisor has an immediate supervisor, the process continuing on up to the Commandant of the Marine Corps. In this way, each supervisor links together the different levels of command. b. The leaders in the chain of command must be a cohesive, harmonized team so that the chain may communicate clear messages. Strong bonds of trust, confidence, respect, and understanding between and among all leaders in the system lead to an effective command channel |
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Explain Request Mast and how it can be used to solve problems.
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a. The command request program will do the following:
(1) Provides and protect the right of a Marine to communicate with his or her (immediate) commanding officer at a designated time and place, the right to appear personally before a commanding officer, and the right to correspond with the commanding officer in writing. (2) Provide Marines with an approved channel through which to air grievances and/or seek advice. (3) Provide superiors with first-hand knowledge of the morale and general welfare of the command. b. An application for request mast must be submitted in writing via the chain of command to the commanding officer with which mast is requested. c. All applications for request mast must be prepared via instructions or directives. d. To make the request, applications should include the identification of the initial point of contact by billet. Also provide the identification, by billet, of each commanding officer in the chain of command with whom a Marine may request mast, if necessary. 1-1-14 e. Request mast is conducted at the earliest reasonable time and not later than 72 hours after submission whenever possible. Emergencies should be heard within 24 hours. f. Expect a waiting period of at least 24 hours between levels of the chain of command. g. Upon completion of request mast, the Marine makes a written statement regarding the degree of satisfaction with the outcome of the request. |
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Explain honorable discharge
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To receive an honorable discharge, you must have met the standards of acceptance, conduct, and performance of duty for military
personnel, or be otherwise so meritorious that any other characterization would be clearly inappropriate. |
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Explain general, under honorable conditions, discharge
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To receive a general discharge under honorable conditions, significant negative aspects that reflected your performance or
conduct must have characterized your service. This type of discharge is normally awarded when a Marine's average proficiency and conduct marks are below 3.0 and 4.0, respectfully. |
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Explain general, under other than honorable conditions, discharge.
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To receive a discharge under other than honorable conditions, your service must have been characterized by conduct that was a
significant departure from the conduct expected of a Marine. This usually involves illegal acts or commission of acts that are characterized by violence that result in serious bodily injury, breech of special trust, disregard for the normal superiorsubordinate relationships, drug abuse or trafficking, or endangering the security of the Marine Corps. |
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Explain a bad-conduct discharge
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To receive a bad-conduct discharge, you must have been convicted by a general or special court-martial of an offense under the
UCMJ which warrants this form of discharge. A bad-conduct discharge is less severe than a dishonorable discharge and is designed as a punishment for bad conduct rather than as a punishment for serious offenses. It is also appropriate for an accused who has been convicted repeatedly of minor offenses. |
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Explain dishonorable discharge
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To receive a dishonorable discharge, you must be convicted by a general court-martial of an offense of a dishonorable nature.
These are offenses generally recognized by the civilian courts as being serious felonies. However, you may also be awarded a dishonorable discharge if you have been convicted by a court-martial of three or more offenses in the last year, regardless of whether any of the charges were severe enough to result in a dishonorable discharge. |
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The nine principles of the law of war are
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· Fight only enemy combatants.
· Do not harm enemies who surrender: disarm them and turn them over to your superior. · Do not kill or torture prisoners. · Collect and care for the wounded, whether friend or foe. · Do not attack medical personnel, facilities, or equipment. · Do not destroy more than the mission requires. · Do not steal; respect private property and possessions. · Do your best to prevent violations of the law of war; report all violations to your superiors, a military lawyer, a chaplain, or provost marshal. |
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Identify why Marines fight only an enemy combatant
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a. All persons in uniform, carrying a weapon or participating in any way in military operations or activities, are known as
combatants. Under the laws of armed conflict, only combatants are considered proper targets and may be fired upon. All others are called noncombatants. b. If you are in doubt in differentiating between combatants and noncombatants, consult your superior before pursuing any course of action. |
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Identify that Marines do not harm enemies who surrender. They must disarm them and turn them over to their superiors.
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a. Never attack enemy soldiers who surrender or enemy soldiers who are captured, sick or wounded.
b. When you have POWs, you should follow the six Ss: SEARCH, SECURE, SILENCE, SEGREGATE, SAFEGUARD, and SPEED the prisoners to the rear. |
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Identify that Marines do not kill or torture prisoners
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a. You must never kill, torture, or mistreat a prisoner because such actions are violations of the law and the prisoners may provide
you with vital information about the enemy. b. Treating prisoners well reflects on how the enemy will treat our fellow Marines that may have been taken capture. Humane treatment of POWs is right, honorable, and required under the laws of armed conflict. Improper treatment of prisoners by us is punishable by court-martial. |
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Identify that Marines collect and care for the wounded, whether friend or foe.
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a. You should also provide medical care to the wounded whether friend or foe.
b. You are required under the laws of armed conflict to provide the same kind of medical care to the sick and wounded as you would provide to your own |
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Identify that Marines do not attack medical personnel, facilities, or equipment
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Noncombatants include civilians, medical personnel, and chaplains. Humane treatment of noncombatants may also assist you in
obtaining valuable intelligence to allow you to better pursue your mission. |
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Identify that Marines destroy no more than the mission requires
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a. Under the laws of armed conflict, you are not permitted to attack villages, towns, or cities. You are allowed to engage the
enemy that is in a village, town, or city and destroy any equipment or supplies that the enemy has when your mission requires it. b. In all cases, you must not create more destruction than is necessary to accomplish your mission. When you use firepower in a populated area, you must attack only the military targets. c. Marines do not attack protected property. Examples of protected property include buildings dedicated to religion, art, science, or charitable purposes; historical monuments; hospitals and places where the sick and wounded are collected and cared for; and schools and orphanages for children. |
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Identify that Marines treat all civilians humanely
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a. Treat civilians humanely and private property as if it were your own. Become familiar with the country you are in, its traditions,
and customs of its citizens. This will assist you in the proper treatment of civilians. b. Under no circumstance should you fire upon any medical personnel or equipment used for medical welfare of the people or the enemy. Most medical personnel and facilities are marked with a red cross on a white background. However, a few countries use a different symbol. This is one reason why it is important to be familiar with the customs of the country in which you are operating. Similarly, never pose as a Red Cross person when you are not one. Your life may depend on the proper use of the Red Cross symbol. |
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Identify that Marines do not steal. Marines respect private property and possessions
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Marines do not steal from civilians. Failure to obey these rules is a violation of the laws of armed conflict and punishable by
court-martial. |
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State the fourth element of the purpose for close order drill
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Teach discipline by instilling habits of precision and automatic response to orders.
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Explain how violations of the laws of war can have an impact on the accomplishment of the mission during combat
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As Marines, we all recognize that full compliance with the laws of armed conflict is not always easy, especially in the confusion
and passion of battle. For instance, you might be extremely angry and upset because your unit has taken a lot of casualties from enemy boobytraps or hit-and-run tactics. But, you must never engage in reprisals or acts of revenge that violate the laws of armed conflict. |
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State how the official mission of the Marine Corps is established
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The official mission of the Marine Corps is established in the National Security Act of 1947, amended in 1952. Marines are
trained, organized, and equipped for offensive amphibious employment and as a "force in readiness." According to the Act, Marines stand prepared to meet mission requirements |
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State the seven elements of the Marine Corps mission.
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a. Provide Fleet Marine Forces with combined arms and supporting air components for service with the United States Fleet in the
seizure or defense of advanced naval bases and for the conduct of such land operations as may be essential to the execution of a naval campaign. b. Provide detachments and organizations for service on armed vessels of the Navy and security detachments for the protection of naval property at naval stations and bases. c. Develop, in coordination with the Army, Navy, and Air Force, the doctrine, tactics, techniques, and equipment employed by landing forces in amphibious operations. d. Provide Marine forces for airborne operations, in coordination with the Army, Navy, and Air Force, according to the doctrine established by the Joint Chiefs of Staff. e. Develop, in coordination with the Army, Navy, and Air Force, the doctrine, procedures, and equipment for airborne operations. f. Expand peacetime components to meet wartime needs according to the joint mobilization plans. g. Perform such other duties as the President may direct |
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Identify that Marines do not kill or torture prisoners
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a. You must never kill, torture, or mistreat a prisoner because such actions are violations of the law and the prisoners may provide
you with vital information about the enemy. b. Treating prisoners well reflects on how the enemy will treat our fellow Marines that may have been taken capture. Humane treatment of POWs is right, honorable, and required under the laws of armed conflict. Improper treatment of prisoners by us is punishable by court-martial. |
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Identify that Marines collect and care for the wounded, whether friend or foe.
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a. You should also provide medical care to the wounded whether friend or foe.
b. You are required under the laws of armed conflict to provide the same kind of medical care to the sick and wounded as you would provide to your own |
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Identify that Marines do not attack medical personnel, facilities, or equipment
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Noncombatants include civilians, medical personnel, and chaplains. Humane treatment of noncombatants may also assist you in
obtaining valuable intelligence to allow you to better pursue your mission. |
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Identify that Marines destroy no more than the mission requires
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a. Under the laws of armed conflict, you are not permitted to attack villages, towns, or cities. You are allowed to engage the
enemy that is in a village, town, or city and destroy any equipment or supplies that the enemy has when your mission requires it. b. In all cases, you must not create more destruction than is necessary to accomplish your mission. When you use firepower in a populated area, you must attack only the military targets. c. Marines do not attack protected property. Examples of protected property include buildings dedicated to religion, art, science, or charitable purposes; historical monuments; hospitals and places where the sick and wounded are collected and cared for; and schools and orphanages for children. |
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Identify that Marines treat all civilians humanely
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a. Treat civilians humanely and private property as if it were your own. Become familiar with the country you are in, its traditions,
and customs of its citizens. This will assist you in the proper treatment of civilians. b. Under no circumstance should you fire upon any medical personnel or equipment used for medical welfare of the people or the enemy. Most medical personnel and facilities are marked with a red cross on a white background. However, a few countries use a different symbol. This is one reason why it is important to be familiar with the customs of the country in which you are operating. Similarly, never pose as a Red Cross person when you are not one. Your life may depend on the proper use of the Red Cross symbol. |
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Identify that Marines do not steal. Marines respect private property and possessions
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Marines do not steal from civilians. Failure to obey these rules is a violation of the laws of armed conflict and punishable by
court-martial. |
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State the fourth element of the purpose for close order drill
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Teach discipline by instilling habits of precision and automatic response to orders.
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Explain how violations of the laws of war can have an impact on the accomplishment of the mission during combat
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As Marines, we all recognize that full compliance with the laws of armed conflict is not always easy, especially in the confusion
and passion of battle. For instance, you might be extremely angry and upset because your unit has taken a lot of casualties from enemy boobytraps or hit-and-run tactics. But, you must never engage in reprisals or acts of revenge that violate the laws of armed conflict. |
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State how the official mission of the Marine Corps is established
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The official mission of the Marine Corps is established in the National Security Act of 1947, amended in 1952. Marines are
trained, organized, and equipped for offensive amphibious employment and as a "force in readiness." According to the Act, Marines stand prepared to meet mission requirements |
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State the seven elements of the Marine Corps mission.
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a. Provide Fleet Marine Forces with combined arms and supporting air components for service with the United States Fleet in the
seizure or defense of advanced naval bases and for the conduct of such land operations as may be essential to the execution of a naval campaign. b. Provide detachments and organizations for service on armed vessels of the Navy and security detachments for the protection of naval property at naval stations and bases. c. Develop, in coordination with the Army, Navy, and Air Force, the doctrine, tactics, techniques, and equipment employed by landing forces in amphibious operations. d. Provide Marine forces for airborne operations, in coordination with the Army, Navy, and Air Force, according to the doctrine established by the Joint Chiefs of Staff. e. Develop, in coordination with the Army, Navy, and Air Force, the doctrine, procedures, and equipment for airborne operations. f. Expand peacetime components to meet wartime needs according to the joint mobilization plans. g. Perform such other duties as the President may direct |
