Term
| Who may impose non-judicial punishment under Article 15, UCMJ? |
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Definition
| Any commander upon members of his/her unit. |
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Term
| What is the purpose of non-judicial punishment? |
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Definition
a. Correct, educate and reform those who the commander feels cannot benefit from less stringent measures.
b. preserve the member's record of service from unnecessary stigma by a record of court-martial conviction.
c. Further military efficiency by disposing of minor offenses in a manner requiring less time and personnel than trial by court-martial. |
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Term
| What is the maximum punishment under the Summarized Article 15( DA form 2627-1)? |
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Definition
- a. Oral reprimand or Admonition
- Restriction for 14 days
- Extra Duty for 14 days
- Any combination of the above.
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Term
| What "rights" under Article 31, UCMJ, must a soldier be made aware of when he/she is notified of being considered for punishment under Article 15, UCMJ? |
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Definition
a. The right to remain silent.
b. The right to counsel
c. The right to demand a trial.
d. The right to present his/her case, in the presence of the imposing commander.
e. call witnesses
f.Present evidence
g. Request that they may be accompanied by a spokesperson
h. REquest an open hearing
I. Examine available evidence.
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Term
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Definition
| Act of formal censure, which reproves or rebukes the offender for misconduct. A reprimand may be oral or written. |
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Term
| What is meant by remission? |
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Definition
| Action whereby any portion of the unexecuted punishment is canceled. |
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Term
| Do you have the right to consult with a defense counsel under the Summarized Article 15? |
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Definition
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Term
| Where is the summarized Article 15 allowed to be filed? |
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Definition
| In the local personnel file. |
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Term
| What are the three types of court-martials and what is the maximum punishment for each court martial? |
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Definition
a. Summary- Confinement at hard labor for one month, forfeiture of 1/3 pay for one month, Reduction in grade.
b. Special- Confinement at hard labor for six months, Reduction to lowest enlisted grade, Possible bad conduct dishcharge.
c. General- Confinement at hard labor for life reduction to lowest enlisted grade, dishonorable discharge, Death |
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Term
| What is the purpose of a military judge? |
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Definition
| To insure that rights are protected and correct legal procedures are followed. |
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Term
| Who may demand a trial by court-martial? |
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Definition
| All members of the Army may demand a trial by court-martial in lieu of punishment under Article 15 except Army personnel attached to or embarked on a vessel (ship) |
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Term
| How many extra duty days and how many hours per day can a company grade commander make an enlisted soldier work? |
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Definition
| Fourteen days and for any length of time |
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Term
| What grades can a commanding officer reduce under Article 15? |
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Definition
| Only those grades that he/she is authorized to promote |
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Term
| What type of extra duty may not be imposed? |
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Definition
a. Duty that is considered cruel and unusual
b. Duty not sanctioned by customs of the service.
c. Duty normally considered as an honor.
d. Duty required to be performed in a degrading or ridiculous manner.
e. Duty constituting a safety or health hazard?
f. Duty demeaning to the Soldier's rank |
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Term
| To whom may you appeal punishment when an Article 15 is given by your unit commander? |
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Definition
| To the next higher in your chain of command |
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Term
If an Article 15 is appealed, what three(3) actions may the appealing authority take?
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Definition
a. Leave it the same
b. Reduce the punishment
c. set the whole thing aside |
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Term
| What does article 138 deal with? |
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Definition
| Formal complaint against an officer in your chain of command when you feel that you have been wronged. The complaint will be investigated and reviewed by the Staff Judge Advocate |
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Term
| What regulation covers elimination from the service due to misconduct or unsatisfactory performance? |
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Definition
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Term
| What does the term "minor" mean in reference to Article 15, UCMJ? |
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Definition
| The term "minor" generally means the maximum punishment would not include a dishonorable discharge or confinement at hard labor for more than one year. This is not a hard fact rule. The commander must give due regard to the circumstances surrounding the commision of the offense and the personal history of the offender. |
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Term
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Definition
| The MCM explains what conduct is a violation of the UCMJ, sets forth rules of evidence, and contains a list of maximum punishments for each offense. |
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Term
| If an inddividual punished under article 15 believes that punishment imposed is too severe for the offense commited or that he/she should not have been punished at all, what action can he/she take? |
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Definition
| THe individual can appeal to the next higher authority. |
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