According the Soldier’s First Offense article, "Under the Uniform Code of Military Justice (UCMJ), both Article 15 (or nonjudicial punishment (NJP) and summary courts-martial (SCMs) enable commanders to swiftly dispose of “minor offenses.”(Takashi, 2014). NJP is a way for a military member if they desire to be tried by their commanding officer and not have to worry about having court-martial proceedings on his permanent military record. Other punishments including under NJP are extra duties, reprimand and not being allowed to leave the military installation.
Types of Military Discharges
Once a member has completed his military service commitment he or she is no longer obligated to service in the military. However, upon release their records
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VA looks at these discharges case by case. Other Than Honorable Discharge (OTH) and Bad Conduct Discharge. OTH means the military service members have displayed unfavorable conduct and performance. According to the VA such conducts includes, “security violations, serious misconduct that endangers other members of the military, or use of deliberate force to seriously hurt another person” (n.d.). With Bad Conduct discharges indicates disciplinary actions enforced by court-martial. These crimes usually involve punishment for a military crime. Even though the VA looks at Bad Conduct case by case, no benefits will be received if discharge was due to a general court-martial. General discharges means satisfactory service and able to receive most VA …show more content…
The Non-judicial Punishment gives the commanding officers the power to do just that. The military legal system is used to provide punishments and maintain order through the Uniform Code of Military Justice system. The UCMJ compose of articles which provides details of how punishment should be implemented based on the crime as well as who can convene over court martial proceedings. The three types of court-martials are convene according to the rank and types of crimes committed by the military member. Every military personnel will eventually separate from the military; however it is important that they receive an honorable discharge. Any other discharge can result in the loss of Veterans Affairs
Antwone serves as a Petty Officer in the United States Navy. He is single and heterosexual, with no children. Antwone was referred to the U.S. Navy Pacific Fleet Medical Center for psychiatric evaluation, after pleading guilty to assault on a superior, non-commissioned officer. As a result of his physical aggression, he was demoted from ships serviceman Petty Officer, third class, to ships serviceman Seaman. Antwone has a history of physical aggression and poor impulse control. Antwone was referred for three sessions of psychiatry service for assessment of physical aggression, anger management, and supportive treatment. At the end of treatment, a recommendation by Dr. Davenport will be submitted to Antwone’s commanding officer, for the purpose of determining reinstatement to active duty. Antwone sees no need for evaluation and states that the cause of physical assault was a result of racial remarks by the victim. Antwone’s attitude towards fighting is stated in his words, “It’s the only way some people learn.”
Another possible recommendation is discharge from the military from a General with honorable conditions (which is the lowest) to a Dishonorable discharge (which is the highest, and worst you can get). Getting a dishonorable discharge means you can’t get a job (if you do get a job it won’t be a good one), no benefits, or etc. Getting a general or other than honorable (OTH) you may lose health benefits, educational benefits, and etc.
Professional Military Education schools teach the Army Ethic and evaluation reports for leaders affirm this ethic. The Army punishes individuals, especially leaders, who violate this code. The Army administratively punishes Soldiers who do not adhere to this code, and the severity of punishment increases with rank. One recent and highly visible example of this is former General Petraeus’s adultery and the subsequent professional sanctions he experienced. The Army grows its own ethical code and maintains it through the American people.
...les within the Uniform Code of Military Justice, such as Articles 91 and 92, are created to help keep junior ranked individuals within the services in line and to be as professional as possible. Integrity is a core value of the Army, and maintaining my Integrity as a soldier is a well looked upon aspect. Having the Personal Courage to speak up because of your Integrity is key as well. I violated the Articles 91 and 92, as well as my own Integrity, with my actions concerning Study Hall, and caused a much larger problem for myself as a result. My conduct, how I act professionally, all reflects on me as a soldier.
This paper will not bore with the definition of a profession. The United States Army is about more than words, it is about action. The action of over 238 years of tradition and service. The Army is a profession. A profession requires its members to adhere to prolonged training and learn specialized skills. A member of a profession must wholly commit himself and his skills to a calling which is entrusted by the public. A profession provides its members with intrinsic value which motivates beyond financial gain. The Army is a higher calling which demands all of these qualities and more.
The Marine Corps Values exemplify Honor, Courage, and Commitment in a service member 's character. Honor details expectations of one’s ethical and moral conduct, Courage focuses on honor in action, and Commitment deals with total dedication to the Marine Corps and the country. If one fails to maintain the Marine Corps values they face disciplinary action and the possibility of a dishonorable discharge, depending on the nature of their actions. The honor values of the Marine Corps Values place one 's personal life, as well as their action in service, under scrutiny. Lieutenant Colonel Shane Tomko was dishonorably discharged and stripped of all Service Medals and Awards on February 12th, 2015 due to actions in his personal life. Lieutenant Tomko had an affair, which breaks the Honor Code’s clause that states “A U.S. Marine must never lie, never cheat, never steal. . . Each Marine must cling to an uncompromising code of personal integrity. . . And, above all, honor mandates that a Marine never sully the reputation of his Corps.” A spokesman for the Marine Corps, Major Dolan, made a statement that the actions taken against Lieutenant Tomko were “due to a loss of confidence in his leadership” (Marine Corps Times). The affair was seen as such a dishonor on the Marine Corps as a whole and on Lieutenant Tomko’s service as an individual that he was stripped of all of the accomplishments and
The current military system is based on obedience and respect for authority. From entering boot camp where personnel are mentally reconditioned to be a soldier, airman, or sailor in the United States Armed Forces, they’re taught that following orders comes before personal feelings or beliefs. Following orders is paramount to accomplishing a mission and ensuring that the job is done correctly, and that what you think or feel isn’t worth shari...
Non-judicial punishment consist of normally and article 15. It is the most common type of punishment in the military. Non-judicial punishment is often called mast in the Navy and Coast Guard, and office hours in the Marine Corps (military). In an article 15 hearing the commanding officer is the judge and jury. There are 3 grades of article 15’s. There is summarized, company grade and field grade. In summarized and company grade, any commander can carry out the punishment. The punishment for a summarized article 15 is extra duty for 14 days. With a company grade service members may lose 7 days of base pay or even be reduced one pay grade for E4 and below. For field grade the commander administering the article 15 must be a major in rank or higher. Punishment is (a.) extra duty for 45
Missed appointments are a huge issue in the Army. A missed appointment affects the readiness of both individual Soldiers and their supporting units. The first and most obvious detriment to the readiness of a Soldier with a missed appointment is the ever-present threat of UCMJ action taken under article 86, Absent Without Leave. To be charged under article 86 of the UCMJ you merely have to be not present at the given place of your appointment at the specified time. Receiving an article 15 for the above charge can have a domino effect on both the Soldier’s professional and personal life. Depending on the severity of the punishment exacted through the article 15 the Service Member runs the risk of losing time, money, and freedom. In an extreme case the loss of these things can cause a fit of depression that firstly could cause the Service Member to seek further help through behavioral health services to feel better. Secondly, if the Service Member is not resilient in the face of this adversity they may not get back on the metaphorical horse and their work suffers for this they can come under even more scrutiny. With an article 15 the lost time for work is not always noticed when it come to the multiple reading and the time it takes to prepare the paperwork. First the commander takes time out of his busy day to read the Service Member not only once but twice. Administration not only takes the time to prepare but also deliver the necessary paperwork to trial defense services. If the offense is repetitive the possibility of court martial can come into play. Now all the work that went into an article 15 grows exponentially. Not only does jag have to pull together a case to prosecute a Soldier, but also the Soldier and their attorney hav...
Earlier in March 2014 the senior leadership of the Air Force, to include the Secretary of the Air Force, the Chief of Staff, and the Chief Master Sergeant of the Air Force, made a statement to all airmen. They stated that “being an Airman is more than a job, when we voluntarily raised our right hands and took an oath to support and defend the Constitution, we became members of the profession of arms”, they also said that along with our profession of arms we are given and accept a sacred trust given to us by the American people, that to be worthy of this trust we must “build our lives and shape our service on the foundation of our core values”, and that when Airmen fail to live up to our core values, the reputation of all who serve is tarnished” (letter to airman, Mar 2014). Recently, I was tasked to deliver a briefing for the J3 monthly training day. This tasking was a result of my negligence in updating a certain system that is vital to the J3 watch floor. My briefing, although filled with correct information and guidance, was also slaked with profanity and unprofessional gestures. Regardless of any circumstances that may have been the cause for these actions, the actions needed correction. Correction was given, which was responded to by more profanity and provoking actions. After I showed such disrespect to my non-commissioned officer in charge, he escorted me to my supervisor and my actions were made known to him. During this time I was still acting very contentious and disrespectful, making snide comments and standing with such contempt as if to say “are you done now”. This of course escalated into more serious action by my leadership which very well could have been avoided had I done my duty correctly in the first place. The...
The most simple dictionary definition I have found is: The quality or state of being accountable; an obligation or willingness to accept responsibility or to account for one 's actions. Accountability can be applied to many situations in the daily life and it can easily be overlooked in the civilian world, but when it comes to the US Army or any military branch, accountability is one of the most important things. That is why is instilled in every soldier since the moment they are shipped out to Basic Combat Training. The whole Army needs accountability to keep operations running 24/7. From the PVTs, all the way up to high ranking officers, we all need to be accountable for our assigned equipment, location/status, personnel, and our actions. If we are not held accountable of our
Judge Advocate General (JAG): These words represent greatness not only in the military world but in the civilian realm too. JAG officers have that type of toughness that is just giving to make you want to respect them. A JAG officer to earn respect in the military. Being a JAG officer lets an individual have an outstanding career due to the toughness of the selection process and also because of all of the hard work that this career requires. The research describes and evaluates everything from the duties of the officer to qualifications of the field.
Lack of discipline starts by letting a Soldier off, or slide on what would be a minor infraction
A war crime is an unjust act of violence in which a military personnel violates the laws and acceptable behaviors of a war. Despite all the violence in a war, a soldier shooting another is not considered a war crime because it is not a violation to the laws and practices of a war, and it is considered just. A war crime is defined as a “violations [violation] of the laws and customs of war” (“War Crimes”), and are attacks “against civilian populations, prisoners of war, or in some cases enemy soldiers in the field” (Friedman). War crimes are typically committed with weapons or by uncommon, cruel, devastating military methods and are “…Committed primarily by military personnel” (Friedman). There are many different types of war crimes one can commit, including “murder, ill treatment…murder or ill treatment of prisoners of war or persons on the seas, killing of hostages, plunder of public or private property, wanton destruction of cities, towns, or villages or devastation not justified by military necessity” (Friedman). Originally constructed as international law by the London Charter on August 8th, 1945 and further developed by the Hague Conventions of 1899, 1907 and the Nuremberg trials, war crimes are aggressive, unacceptable and unjust actions performed by military workforce that occur during a war.
If I am perceived to be a bad soldier, that is the way I will be treated. I will continue to strive to do the right thing and follow the advice of my leaders.