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101 Cards in this Set
- Front
- Back
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What AR covers UCMJ?
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AR 27-10
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What are some other pubs of interest that deal with the military legal system?
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FM 27-1 Legal Guide for Comm.
FM 27-10 Legal Guide for Sold Misc Pub 27-7 MCM |
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How did the UCMJ come about?
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In 1951 Congress enacted the UCMJ which replaced the Articles of War
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What does the UCMJ establish?
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Declares what conduct is criminal, establishes the courts and sets basic procedures
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The UCMJ is compromised of how many punitive articles?
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61
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In what Army publication will you find the Consitution?
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Manual for Courts Martial
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Military Justice is administered at what 2 levels?
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Nonjudicial-Article 15s
Judicial- Courts Martial |
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What is the purpose of nonjudicial punishment?
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To educate and reform offenders
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Who may impose an A15?
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Any commanding officer
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When might a CO choose to use A15 punishment?
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When less stringent methods have failed
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What are the 3 classifications of A15s?
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Summarized
Company grade Field grade |
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What is a field grade A15?
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An A15 imposed by an 0-3 or above
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Does a SM have to accept an A15?
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No, they have the right to demand a trial by courts martial
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What are the advantages of disposing of cases by A15s?
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No court martial
No federal conviction preserves offenders record |
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Can an individual appeal an A15?
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Yes.
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Does the offender have the right to counsel when offered an A15?
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Yes, offender must be informed of rights to see JAG
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What is the time frame to appeal an A15?
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Normally within 5 days after punishment is imposed
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Does an individual have the right to call a witness when under A15 proceedings?
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Yes, at any time
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What is the purpose of announcing punishments at unit formations or posted on bulletin boards?
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To preclude perceptions of unfairness of punishment and as a deterent to other SM
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Can an NCO be given extra duty by an A15?
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Yes, but only in a supervisory capacity
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What six things should be considered when deciding whether or not to announce punishment of soldiers in the rank of SGT and above?
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Nature of the offense
Individuals military record Deterrent effect impact on unit morale impact on victim impact on the leadership effectiveness of the individual concerned |
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Maximum punishment a company commander may impose?
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14 days extra duty/restriction
7 days custody (E-3 below) 7 days pay 1 grade reduction oral or written letter of reprimand |
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What is the max number of days extra duty that may be given by a field grade commander?
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45 days
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What is the statute of limitations for punishment by A15?
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>2 years from imposition
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Who may be placed in correctional custody?
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PFC and below
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Who may be reduced for misconduct under A15?
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PV2-SSG
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How many grades can a soldier be reduced for inefficiency/misconduct?
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one for each, respectively
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What form is designed for the purpose of notifying a soldier of A15 proceedings?
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DA form 2627
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What form is used to record A15 proceedings?
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DA form 2627-1
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What is the dispostion of the DA form 2627-1?
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Maintained locally in nonjudicial punishment files, they will be destroyed at the end of 2 years or when soldier transfers from unit
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What article is designed to protect the rights of the soldier?
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Article 31
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What does Article 31 specify?
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Noone may question a soldier suspected of commiting a crime until SM understands the Charges, his right to remain silent, and right to counsel
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What right does a SM have in addition to article 31?
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Right to: remain silent/ have counsel present/ due process/ search and seizure/ protection against double jeopardy/ sentence reveiw/ speedy trial/ call favourable witnesses/ trial by courts martial
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What are articles 77-134 of the UCMJ known as?
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Punitive articles
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When should punitive articles be explained to service members?
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Upon entry to active service, after completion of 6 months active duty, upon reenlistment
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What is the purpose of Article 32 investigation?
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To investigate and determine the validity of charges
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What are the 3 types of Court martial?
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Summary
General Special |
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If a SM has a court martial conviction does his record follow him after he leaves the service?
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Yes, forever
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Can a court martial be appealed?
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Yes
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Can you refuse a court martial?
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Summary Yes
Special/General Nada |
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How many members on a court martial boards?
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Summary-1
Special-3 General-5 |
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Who may be tried by court martial?
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Anyone who is subject to UCMJ, except officers, warants, cadets and midshipmen
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A summary court may confine you to how many days at hard labor?
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1-30 days if E-4 or below
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What is the max punishment imposed by a special courts martial?
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Confinement for 6 months
Forfeiture of 2/3 pay per month for 6 months Reduction to lowest enlisted grade |
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What is the max sentence you can be judged by a general court martial?
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DEATH
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What is the major difference betwixt a General and Special court martial?
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General has a military judge who may impose the death penalty
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Is a military judge considered part of the court?
What does a military judge do? |
No, insure the accused rights are protected, and insure correct legal procedure is followed, impose death penalty
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May an enlisted member serve on a court martial?
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Yes, when the accused is from a different unit and junior in grade and the accused requests enlisted members servce on board
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In a special or general CM does the accused have the right to be represented by a civilian counsel?
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Yes at our expense
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Who is the president of the CM? Who is the law officer on a special CM?
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Senior officer present, the president
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Who must reveiw the case in a summary or special CM before sentence is finalized?
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Staff JAG
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What are the 5 types of discharges?
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honorable/ general/ other that honorable/ bad conduct/ dishonorable
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What is the purpose of a flagging action?
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To suspend all favourable action on an individual while SM is under investigation
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When may a CO initiate flagging action on a member of his/her command?
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When it appears action may be initiated which could result in CM, or disciplinary action
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Can the 1SG give you company punishment?
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No, but he can recommend it
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Which amendment protects SM from unreasonable search and seizures?
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the 4th amendment
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What amendment provides that no person shall be compelled to bear witness against himself?
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the 5th amendment, fif, 1,2,3,4,fiiif,
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The right to a speedy trial is guaranteed by what amendment?
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6th amendment and Article 10 of UCMJ
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Under UCMJ, a SM must not be questioned until SM has been informed of right to counsel. This is pursuant to what Supreme Court Case?
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Miranda vs Arizona
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In the Army who may issue search authorization and when?
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A commanding officer, military judge, military magistrate when probable cause exists.
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If enlisted members serve on a court, what percentage can be enlisted?
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1/3rd
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What does MCM stand for and what does it do?
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Manual for Courts Martial
Explains what conduct is a violation of UCMJ, sets rules of evidence, list max punishment for each offense |
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What is the role of the Staff Judge Advocate?
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SJA insures that criminal justice in the command is administered fairly
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In what areas can the SJA or JAG assist service members?
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Court Martials, tax returns,personal propery damage while on duty, wills, powers of attorney, explanation of legal rights
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Administrative discharges are different from court martial discharges, how are they classified?
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Involuntary, voluntary
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In conducting an investigation, what 3 questions must be answered?
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Was on offense committed?
Was the SM involved in the offense? What is the character and military record of the suspected SM? |
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A major or higher can impose what punishment with an A15?
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1/2 months forfeiture of pay for 2 months, 45 days restriction, 45 days extra duty
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If an A15 is appealed, what actions may the appealing authority take?
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Suspend, vacate, mitigate, remit, or set aside punishment
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Can a soldier be placed on diminished rations?
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Yes, PFC or below
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Can a punishment be administered under the provision of A15 if the service member refuses to sign the DA form 2627?
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Yes, after being afforded a reasonable opportunity in which to make a decision
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What steps are involved in the imposition of nonjudicial punishment?
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Inquiry/Notification and explanation of rights/ decision period/ hearing/ appeal/ recording and filing of DA form 2627/2627-1
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When nonjudicial punishment is imposed on an NCO, what are the 3 types of punishment it may not include?
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Correctional Custody
diminished rations Extra duty not customarily performed by an NCO |
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Where can a CO or NCO find a guide for conducting the proceedings of a formal or summarized A15?
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Appendix B of AR 27-10
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What are the punitive measures?
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Denial of Pass privileges/counseling/admin reduction in grade/reprimand/extra training/bar to reenlist/MOS reclass/ admin reduction/ revocation of security clearence
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What are the 3 primary objectives of punishment, punitive or nonpunitive?
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protect society against repetition of offense/reform the offender/deter others
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What is the highest court in the Army?
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the court of appeals for the armed forces
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upon whom may nonjudicial punishment be imposed?
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any member of that CO's unit who has committed a minor offense that does not demand a trial by court martial
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What Article authorizes CO to delegate their authority to NCO's to order enlisted personnel into arrest or confinement?
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Article 9
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What article of the UCMJ gives NCOs the authority to apprehend?
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Article 7
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What article on the UCMJ protects SM from former jeopardy?
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Article 44
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What article of the UCMJ prohibits punishment of a soldier under trial?
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Article 13
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What article of the UCMJ protects soldiers from cruel and unusual punishment?
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Article 55
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What article of the UCMJ covers investigations and dispostions of charges?
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Article 32
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What article of the UCMJ sets forth a soldiers specific counsel rights?
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Article 27
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What article of the UCMJ prohibits compulsory self-incrimination?
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Article 31
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What article of the UCMJ covers commanding Officers Nonjudicial punishment?
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Article 15
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What article of the UCMJ gives soldiers guidance if they have been wronged by a CO?
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Article 138
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What article of the UCMJ covers AWOL?
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Article 86
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What article of the UCMJ covers disrespect or insubordinate conduct toward a superior officer? To warrants and NCOs?
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Article 89/91
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What article of the UCMJ covers assault or willful disobeyance of a superior Commissioned Officer?
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Article 90
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What article of the UCMJ covers failure to obey an order or regulation from a warrant or NCO?
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Article 92
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What article of the UCMJ covers the improper use of the countersign?
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Article 101
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What article of the UCMJ covers the sale, loss, damage, destruction, or wrongful disposition of military property?
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Article 108
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What article of the UCMJ covers drunken or reckless driving?
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Article 111
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What articles of the UCMJ covers being intoxicated while on duty? use of controlled substances?
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Article 112, 112a
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What article of the UCMJ covers fighting? malignering?
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Article 114, 115\
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What article of the UCMJ covers provoking speech and or gestures?
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Articel 117
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What article of the UCMJ writing bad checks?
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Article 123a
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What article of the UCMJ covers conduct unbecoming an officer and a gentleman?
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Article 133
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What is the general article of the UCMJ?
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Article 134
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What is the Lautenberg amendment?
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makes it a felony offense for those convicted of misdemeanor crimes of domestic violence to ship, transport, possess, or receive firearms or ammo.
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