5000_Words_on_Disrespecting_an_Nco

IN THIS ESSAY I WILL BE TALKING ABOUT THE RESEARCH I DID ON ARTICLE 88 AND 91 OF THE UNIFORMED CODE OF MILITARY JUSTICE AND ON DISRESPECT AND INSUBORDINATION IN THE ARMY AND HOW IT AFFECTS THE ABILITY OF A UNIT TO MAINTAIN DISCIPLINE AND OREDER. THE UNIFORMED CODE OF MILITARY JUSTICE (UCMJ) IS THE BEDROCK OF MILITARY LAW. THE UNIFORMED CODE OF MILITARY JUSTICE, (UCMJ), ARE KNOWN AS THE "PUNITIVE ARTICLES," THAT IS, SPECIFIC OFFENSES CAN RESULT IN COURT-MARTIAL. THE LAW REQUIRES THE COMMANDER IN CHIEF (THE PRESIDENT OF THE UNITED STATES OF AMERICA) TO IMPLEMENT THE PROVISIONS OF THE UNIFORMED CODE OF MILITARY JUSTICE (UCMJ). THE PRESIDENT DOES THIS VIA AN EXECUTIVE ORDER KNOWN AS THE "MANUAL FOR COURT MARTIAL" (MCM). cHAPTER FOUR OF THE MANUAL FOR COURT MARTIAL, AKA MCM, INCLUDES AND EXPANDS ON THE PUNITIVE ARTICLES. THE MANUAL FOR COURT MARTIAL, MCM, DIVIDES THE PUNITIVE ARTICLES INTO SIX PARTS, THE TEXT, ELEMENTS OF THE OFFENSE, AN EXPLANATION, LESSER INCLUDED OFFENSES, MAXIMUM PERMISSIVE PUNISHMENTS, AND SAMPLE SPECIFICATIONS. THE FIRST PART OF SIX OF THE MANUAL FOR COURT MARTIAL, MCM, IS THE TEXT. THIS IS THE EXACT TEXT OF THE ARTICLE, AS CONGRESS APPROVED IT AND THE UNIFORMED CODE OF MILITARY JUSTICE, UCMJ. THE SECOND PART OF SIX OF THE MANUAL FOR COURT MARTIAL, MCM, IS THE ELEMNTS, THESE ARE THE SPECIFICS OF THE OFFENSE. THE THIRD IS NEXT BUT, FIRST BACK TO THE ELEMENTS... IN ORDER TO SUPPORT A FINDING OF GUILTY, THE GOVERNMENT MUST PROVE EACH AND EVERY ELEMENT OF THE OFFENSE BEYOND A REASONABLE DOUBT. THE THIRD OF SIX OF THE MANUAL FOR COURT MARTIAL, MCM, IS THE EXPLANATION. THE EXPLANATION DEFINES TERMS, AND CLARIFIES THE ELEMENTS, BASED ON PREVIOUS DECISIONS. THE FOURTH OF THE SIXTH OF THE MANUAL FOR COURT MARTIAL, MCM, IS THE LESSER INCLUDED OFFENSE. THE LESSER INCLUDED OFFENSES ARE LESSER INCLUDED OFFENSES THAT A MILITARY COURT MAY STILL FIND AND ACCUSSED GUILTY OF, EVEN IF THE COURT FINDS THE ACCUSSED NOT GUILTY OF THE ORIGINALLY CHARGE OFFENSE. fOR EXAMPLE, MANSLAUGHTER, UNDER ARTICLE ONE HUNDRED NINETEEN IS A LESSER INCLUDED OFFENSE OF MURDER UNDER ARTICLE ONE HUNDRED EIGHTEEN. IF A MILITARY COURT FINDS THE ACCUSSED NOT GUILTY OF THE CRIME OF MURDER. THE COURT CAN STILL FIND THE ACCUSSED GUILTY OF MANSLAUGHTER, WITHOUT THE GOVERNMENT HAVING TO AMMEND THE CHARGES. THE FIFTH OF THE SIX OF THE MANUAL FOR COURT MARTIAL, MCM, IS THE MAXIMUM PERMISSABLE PUNISHMENTS. THESE ARE THE MAXIMUM PUNISHMENTS THAT A GENERAL COURT MARTIAL CAN AWARD TOWARD A PERTICULAR OFFENSE. WHILE NOT SPECIFICALLY STATED, A GENERAL COURT MARTIAL CAN ALSO REDUCE A PERSONS GRADE. MOST GENERAL COURT MARTIALS REDUCE THE CONVICTED PERSONS GRADE TO THE LOWEST ENLISTED RANK, E1. WHEN PUNISHMENT INCLUDES TIME IN PRISON AND/OR A PUNITIVE DISCHARGE. ARTICLE EIGHTY EIGHT IS ONE OF THE PUNITIVE ARTICLES OF THE UNIFORMED CODE OF MILITARY JUSTICE, UCMJ, REGARDING "CONTEMPT TOWARDS OFFICIALS". THE TEXT OF THIS ARTICLE EIGHTY EIGHT STATE, ANY COMMISIONED OFFICER WHO USES CONTEMPTUOUS WORDS AGAINST THE PRESIDENT, THE VICE PRESIDENT, CONGRESS, THE SECRETARY OF DEFENSE, THE SECRETARY OF MILITARY DEPARTMENT, THE SECRETARY OF TRANSPORTATION, OR THE GOVENOR, OR POSSESSION IN WHICH HE IS ON DUTY OR PRESENT SHALL BE PUNISHED AS A COURT MARTIAL MAY DIRECT. THE ELEMENTS OUTLINED IN THIS ARTICLE ARE ONE, THAT THE ACCUSED WAS A COMMISSIONED OFFICER OF THE UNITED STATES ARMED FORCES. TWO, THAT THE ACCUSSED USED CERTAIN WORDS AGAINST AN OFFICIAL OR LEGISLATURE NAMED IN THE ARTICLE. THREE, THAT BY AN ACT OF THE ACCUSSED THESE WORDS CAME TO THE KNOWLEDGE OF A PERSON OTHER THAN THE ACCUSSED. FINALLY FOUR, THAT THE WORDS USED WERE CONTIMPTUOUS EITHER IN WHICH THEY WERE USED. NOTE- IF THE WORDS WERE AGAINST A GOVENOR OR LEGISLATURE, ADD THE FOLLOWING ELEMENT: FIVE, THAT THE ACCUSSED WERE THEN PRESENT IN THE STATE, TERRITORY, COMMON WEALTH, OR POSSESSION OF THE GOVENOR OR LEGISLATURE CONCERNED. NOW THE EXPLANATION I HAVE FOR ARTICLE EIGHTY EIGHT IS THAT THE OFFICIAL OR LEGISLATURE AGAINST WHOM THE WORDS ARE USED MUST BE OCCUPYING ONE OF THE OFFICES OR BE ONE OF THE LEGISLATURES NAMED IN ARTICLE EIGHTY EIGHT AT THE TIME OF THE OFFENSE. NEITHER CONGRESS NOR LEGISLATURE INCLUDES ITS MEMBERS INDIVIDUALS. GOVENOR DOES NOT INCLUDE LIEUTENANT GOVENOR. IT IS IMMATERIAL WEATHER THE WORDS ARE USED AGAINST THE OFFICIAL IN AN OFFICIAL OR PRIVATE CAPACITY. IF NOT PERSONALLY CONTEMPTUOUS, ADVERSE CRITISISM OF ONE OF THE OFFICIALS OR LEGISLATURES NAMED IN THE ARTICLE IN THE COURSE OF A POLITICAL DISCUSION, EVEN THOUGH INFATICALLY EXPRESSED, MAY NOT BE CHARGED AS A VIOLATION FO THE ARTICLE. SIMILARLY, EXPRESSIONS OF OPINION MADE IN FARELY PRIVATE CONVERSATION SHOULD NOT ORDINARILLY BE CHARGED. GIVING BROAD CIRCULATION TO A WRITTEN PUBLICATION CONTAINING CONTEMPTUOUS WORDS OF THE KIND MADE PUNISHABLE BY THIS ARTICLE, OR THE UTTERANCE OF CONTEMPTUOUS WORDS OF THIS KIND IN THE PRESENCE OF A MILITARY SUBORDINATES, AGGRIVATES THE OFFENSE. THE TRUTH OR FALSITY IS IMMATERIAL. THE NEXT ARTICLE THAT I WAS INSTRUCTED TO RESEARCH WAS ARTICLE NINETY ONE WHICH IS LABELED INSUBORDINATE CONDUCT TOWARD WARRANT OFFICER, NON COMMISSIONED OFFICER, OR PETTY OFFICER. THE ACTUAL TEXT OF ARTICLE NINETY ONE STATES THAT ANY WARRANT OFFICER OR ENLISTED MEMBER, ONE, STRIKES OR ASSAULTS A WARRANT OFFICER, NON COMMISSIONED OFFICER, OR PETTY OFFICER, WHILE THE OFFICER IS IN THE EXECUTION OF HIS OFFICE, TWO, WILLFULLY DISOBEYS THE LAWFUL ORDER AF A WARRANT OFFICER, NONCOMMISIONED OFFICER, OR PETTY OFFICER, OR THREE, TREATS WITH CONTENT OR IS DISRESPECTFUL IN LANGUAGE OR DEPORTMENT TOWARD A WARRANT OFFICER, NON COMMISSIONED OFFICER OR PETTY OFFICER, WHILE THAT OFFICER IS IN THE EXECUTION OF HIS OFFICE SHALL BE PUNISHED AS A COURT MARTIAL MAY DIRECT. THE ELEMENTS OF THIS ARTICLE NINETY ONE INCLUDE: ONE, STRIKING OR ASAULTING A WARRANT OFFICER, NON COMMISSIONED OFFICER, OR PETT OFFICVER. A- THAT THE ACCUSSED WAS A WARRANT OFFICER OR AN ENLISTE MEMBER, B- THAT THE ACCUSSED STRUCK OR ASSAULTED A CERTAIN WARRANT OFFICER, NON COMMISSIONED OFFIVER, OR PETTY OFFICER, C- THAT THE STRIKING OR ASSAULT WAS COMMITED WHILE THE VICTIM WAS IN EXECUTION OF HIS OFFICE, AND D- THAT THE ACCUSSED THEN KNEW THAT THE PERSON STRUCK OR ASSAULTED WAS A WARRANT OFFICER, NON COMMISSIONED OFFICER, OR PETTY OFFICER. NOTE- IF THE VICTIM WAS THE SUPERIOR NON COMMISSIONED OFFICER, OR PETTY OFFICER OF THE ACCUSED AND F- THAT THE ACCUSSED THAN KNEW THAT THE PERSON STRUCK OR ASSUALTED WAS THE ACCUSSEDS SUPERIOR NON COMMISSIONED OFFCER OR PETTY OFFICER. TWO, DISOBEYING A WARRANT OFFICER, NON COMMISSIONED OFFICER, OR PETTY OFFICER. A- THAT THE ACCUSSED WAS A WARRANT OFFICER OR ENLISTED MEMBER, B- THAT THE ACCUSSED A CERTAIN LAWFUL ORDER FROM A CERTAIN WARRANT OFFICER, NON COMMISSIONED OFFICER OR PETTY OFFICER. THAT THE ACCUSSED HAD A DUTY TO OBEY THE ORDER AND E- THAT THE WILLFULLY DISOBEYED THE ORDER. THREE, TREATING WITH CONTEMPT OR BEING DISRESPECTFUL IN LANGUAGE OR DEPARTMENT TOWARD A WARRANT OFFICER, NON COMMISSIONED OFFICER OR PETTY OFFICER. A- THAT THE ACCUSSED WAS A WARRANT OFFICER OR ENLISTED MEMBER. B- THAT THE ACCUSSED DID OR OMITTED CERTAIN ACTS, OR USED CERTAIN WARRANT OFFICER, NON COMMISSIONED OFFICER OR PETTY OFFICER, D- THAT THE ACCUSSED THAN KNEW THAT THE PERSON TOWARD WHOM THE BEHAVIOR OR LANGUAGE WAS DIRECTED WAS A WARRANT OFFICER, NON COMMISSIONED OFFICER, OR PETTY OFFICER. E- THAT THE VICTIM WAS THEN IN EXECUTION OF OFFICE, AND F- THAT UNDER THE CIRCUMSTANCES THE ACCUSSED BY SUCH BEHAVIOR OR LANGUAGE, TREATED WITH CONTEMPT OR WAS DISRESPECTFUL TO SAID WARRANT OFFICER, NON COMMISSIONED OFFICER, OR PETTY OFFICER. NOTE- IF THE VICTIM WAS THE SUPERIOR NON COMMISSIONED OFFICER OR PETTY OFFICER OF THE ACCUSSED, ADD THE FOLLOWING ELEMENTS: G- THAT THE VICTIM WS THE SUPERIOR NON COMMISSIONED OFFICER OR PETTY OFFICER OF THE ACCUSSED AND H- THAT THE ACCUSSED THAN KNEW THAT THE PERSON TOWARD WHOM THE BEHAVIOR OR LANGUAGE WAS DIRECTED WAS THE ACCUSSEDS SUPERIOR NON COMMISSIONED OFFICER OR PETTY OFFICER. THE EXPLANATION I HAVE FOR THE SAID TEST OF ARTICLE NINETY ONE STATES THAT ONE, IN GENERAL, ARTICLE NINETY ONE HAS THE SAME GENERAL OBJECTS WITH RESPECT TO WARRANT OFFICERS, NON COMMISSIONED OFFICERS, AND PETTY OFFICERS AS ARTICLES EIGHTY NINE AND NINETY HAVE RESPECT WITH RESPECT TO COMMISSIONED OFFICERS, NAMELY TO ENSURE OBEDIANCE TO THEIR LAWFUL ORDERS, AND TO PROTECT THEM FROM VIOLENCE, INSULT, OR DISRESPECT. UNLIKE ARTICLES EIGHTY NINE AND NINETY HOWEVER, THIS ARTICLE DOES NOT REQUIRE A SUPERIOR SUBORDINATE RELATIONSHIP AS AN ELEMENT OF ANY OF THE OFFENSES DENOUNCED. THIS ARTICLE DOES NOT PROTECT AN ACTING NON COMMISSIONED OFFICER OR ACTING PETTY OFFICER, NOR DOES IT PROTECT, MILITARY POLICE OF THE SHORE PATROL WHO ARE NOT WARRANT OFFICERS, NON COMMISSIONED OFFICERS, OR PETTY OFFICERS. TWO, KNOWLEDGE. ALL OF THE OFFENSES PROHIBITED BY ARTICLE NINETY ONE REQUIRE THAT THE ACCUSSED HAD ACTUAL KNOWLEDGE THAT THE VICTIM WAS A WARRANT OFFICER, NON COMMISSIONED OFFICER, OR PETTY OFFICER. AN ASSAULT BY A PRISONER WHO HAS BEEN DISCHARGED FROM THE SERVICE, OR BY ANY OTHER CIVILIAN, SUBJECT TO MILITARY LAW, UPON A WARRANT OFFICER, A NON COMMISSIONED OFFICER, OR PETTY OFFICER SHOULD BE CHARGED UNDER ARTICLE ONE HUNDRED TWENTY EIGHT OR ONE HUNDRED THIRTY FOUR. FOUR, DISOBEYING A WARRANT OFFICER, NON COMMISSIONED OFFICER, OR PETTY OFFICER SEE PARAGRAPH 14C2 FOR A DISCUSSION OF LAWFULNESS, PERSONAL NATURE, FORM, TRANSMISSION, AND SPECIFICITY OF THE ORDER NATURE OF THE DISOBEDIANCE AND TIME FOR COMPLIANCE WITH THE ORDER. FIVE) TREATING WITH CONTEMPT OR BEING DISRESPECTFUL IN A LANGUAGE OR DEPORTMENT TOWARD A WARRANT OFFICER, NON COMMISSIONED, OR PETTY OFFICER. TOWARD REQUIRES THAT THE BEHAVIOR AND LANGUAGE BE WITHIN THE SIGHT OR HEARING OF THE WARANT NONCOMMISSIONED OR PETTY OFFICER CONCERNED. FOR A DISCUSSION OF IN THE EXECUTION OF HIS OFFICES, SEE PARAGRAPH 14C. FOR A DISCUSSION OF DISRESPECT, SEE PARAGRAPH 13C. LESSER INCLUDED OFFENSES INCLUDE BUT ARE NOT ENTIRELY LIMITED TO 1 STRIKING OR ASSAULTING WARANT, NONCOMMISSIONED, OR PETTY OFFICER IN THE EXECUTION OF OFFICE. A) ARTICLE 128: ASSAULT OR ASSAULT CONSUMMATED BY A BATERY ASSAULT WITH A DANGEROUS WEAPON. B) ARTICLE 128: ASSAULT UPON WARRANT, NON COMMISSIONED, OR PETTY OFFICER NOT IN THE EXECUTION OF OFFICE. C) ARTICLE 80: ATTEMPTS. 2. DISOBEYING A WARRANT, NCO, OR PETTY OFFICER. A. ARTICLE 92- FAILURE TO OBEY A LAWFUL ORDER. B. ARTICLE 80- ATTEMPTS 3. TREATING WITH CONTEMPT OR BEING DISRESPECTFUL IN LANGUAGE OR DEPORTMENT TOWARD WARRANT, NCO, PETTY OFFICER IN THE EXECUTION OF OFFICER. A. ARTICLE 117- USING, PROVOKING, OR REPROACHFUL SPEECH. B. ARTICLE80- ATTEMPTS. MAXIMUM PUNISHMENT-- 1. sTRIKING OR ASSAULT WARRANT OFFICER. DISHONORABLE DISCHARGE, FORFITURE OF ALL PAY AND ALLOWANCES AND CONFINEMENT FOR FIVE YEARS. 2. STRIKING OR ASSUAULT SUPERIOR NCO OR PETTY OFFICER. DISHONORABLE DISCHARGE, FORFITURE OF ALL PAY AND ALLOWANCES AND CONFINEMENT FOR THREE YEARS. 3. STRIKING OR ASSAULTING OTHER NCO OR PETTY OFFICERS. DISHONORABLE DISCHARGE, FORFITURE OF ALL PAY AND ALLOWANCES, AND CONFINEMENT FOR ONE YEAR. 4. WILLFULLY DISOBEYING THE LAWFUL ORDER OF A WARRANT OFFICER. DISHONORABLE DISCHARGE, FORFITURE OF ALL PAY AND ALLOWANCES, AND CONFINEMENT FOR TWO YEARS. 5. WILLFULLY DISOBEYING THE LAWFUL ORDER OF A NCO OR PETTY OFFICER. BAD CONDUCT DISCHARGE, FORFITURE OF ALL PAY AND ALLOWANCES AND CONFIMENT FOR ONE YEAR. 6. CONTEMPT OR DISRESPECT TO WARRANT OFFICERS, BAD CONDUCT DISCHARGE, FORFITURE OF ALL PAY AND ALLOWANCES AND CONFINEMENT FOR NINE MONTHS. 7. CONTEMT OR DISRESPECT TO SUPERIOR NCO OR PETTY OFFICER. BAD CONDUCT DISCHARGE, FORFITURE OF ALL PAY AND ALLOWANCES AND CONFINEMENT FOR SIX MONTHS. 8. CONTEMPT OR DISRESPECT TO NCO OR PETTY OFFICER. FORFITURE OF TWO THIRDS PAY PER MONTH FOR THREE MONTHS AND CONFINEMENT FOR THREE MONTHS.THIS CONCLUDES ARTICLE NINETY ONE. UPON REVIEWING THESE TWO ARTICLES I HAVE FOUND OUT THAT THERE IS A WIDE VARIETY OF PUNISHMENTS THAT CAN BE ENFORCED BECAUSE OF THIS BEHAVIOR. IT IS NOT GOOD TO DISRESPECT OR SENIOR NON COMMISSIONED OFFICERS, ESPECIALLY IN FRONT OF OTHER SUBORDINATE SOLDIER BECAUSE IT NOT ONLY MAKES YOU LOOK LIKE A BAD SOLDIER BUT IT CAN ALSO MAKE THAT NCO LOOK BAD BECAUSE YOU ARE HIS SOLDIER AND HIS RESPONSIBILITY AND THAT COULD BE FROWNED UPON THAT YOUR SOLDIERS ARE ACTING IN A VERY DISRESPECTFUL MANNER. I HAVE ALSO DONE SOME RESEARCH ON THE UNIFORM CODE OF MILITARY JUSTICE AND EVERYTHING THAT IT ENTAILS PLUS SOME. THE UNIFORM CODE OF MILITARY JUSTIC UCMJ IS THE FOUNDATION OF MILITARY LAW IN THE UNITED STATES. IT WAS ESTABLISHED BY THE UNITED STATES CONGRESS IN ACCORDANCE WITH THE AUTHORITY GIBEN BY THE UNITED STATES CONSTITUTION IN ARTICLE i, SECTION EIGHT, WHICH PROVIDES THAT THE CONGRES SHALL HAVE POWER... TO MAKE RULES FOR THE GOVERNMENT AND REGULATION OF THE LAND AND NAVAL FORCES. JURISDICTION. cOURT mARTIALS. cOURT mARTIALS ARE CONDUCTED UNDER THE UCMJ AND THE MANUELS OF COURT MARTIAL. IF THE TRIAL RESULTS IN A CONVICTION, THE CASE IS REVIEWED BY THE CONVENING AUTHORITY_ THE OERSON WHO REFERRED THE CASE FOR TRIAL BY COURT MARTIAL. THE CONVENING AUTHORTY HAS DISCRETION TO MITIGATE THE FINDINGS AND SENTECNCE. iF THE SENTENCE, AS APPROVED BYT THE CONVENING AUTHORITY, INCLUDES DEATH, A BAD CONDUCT DISCHARGE, A DISHONORABLE DISCHARGE, DISMISSEL OF AN OFFICER, PR CONFINEMENT FOR ONE YEAR OR MORE, THE CASE IS REVIEWED BY AN INTERMEDIATE COURT. tHERE ARE FOUR SUCH COURTS- THE ARMY COURT OF CRIMINAL APPEALS, THE NAVY-MARINE CORPS COURT OF CRIMINAL APPEALS, THE AIR FPRCE COURT OF CRIMINAL APPEALS AND THE COAST GUARD COURT OF CRIMINAL APPEALS. AFTER REVIEW BY ANY OF THESE INTERMEDIATE COURTS, THE NEXT LEVEL OF APPEALS IS THE UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES (CAAF). THE SURPREME COURT OF THE UNITED STATES HAS DISCRETION UNDER 28 USC 1259 TO REVIEW CASES UNDER THE UCMJ ON DIRECT APPEAL WHERE THE CAAF HAS CONDUCTED A MANDATORY REVIEW (DEATH PENELTY AND CERTIFIED CASES), GRANTED DISCRETIONARY REVIEW OF PETITION OR OTHERWISE GRANTED RELIEF. IF THE CAAF DENIES A PETITION FOR REVIEW ON WRIT APPEAL, CONSIDERATION BY THE SURPREME COURT MAYBE OBATINED ONLY THROUGH COLATORAL REVIEW (EG A WRIT OF HABEAS CORPUS) SINCE 2007, SEVERAL BILLS HAVE BEEN INTRODUCEDINTO THE CONGRESS TO EX[AND THE ACESSIBILITY OF SERVICE MEMBERS TO THE SURPREME COURT. PERSONAL JURISTICTION. THE UCMJ APPLIES TO ALL MEMBERS OF THE UNIFORMED SERVICES OF THE UNITED STATES: THE AIR FORCE, ARMY, COAST GUARD, MARINE CORPS, NAVY, NATIONAL OCEANIC QND AUTMOSPHERIC ADMINISTRATION COMMISIONED CORPS, AND PUBLIC HEALTH AND SERVICE COMMISOIONED CORPS. THE COAST GUARD IS ADMINISTERED UNDER TITLE 14 OF THE UNITED STATES CODE WHEN NOT OPERATING AS PART OF THE US NAVY. hOWEVER, COMMISIONED MEMBER OF THE NOAA AND PHS ARE ONLY SUBJECT TO THE UCMJ WHEN ATTACHED OR DTEAILED TO A MILITARY UNIT OR ARE MILITARIZED BY PRESIDENTIAL EXECUTIVE ORDER. MEMBERS OF THE MILTARY RESERVE COMPONENTS UNDER TITLE 10 OF THE UNITED STATES CODE ( ARMY RESERVE, NABY RESERVE, MARINE FORCES RESERVE, AND AIR FORCE RESERVE) OT TITLE 14 OF THE UNITED STATES CODE COAST GUARD RESERVE WHEN NOT OPERATING AS PART OF THE US NAVY ARE SUBJECT TO THE UCMJ OF THEY ARE EITHER A) ACTIVE DUTY FULL TIME SUPPORT PERSONNEL SUCH AS FTS OR ACTIVE GUARD AND RESERVE, AGR, OR B) TRADITIONAL PART TIME RESERVISTS PERFORMING EITHER A) FULL TIME ACTIVE DUTY FOR A SPECIFIC PURPOSE IE ANNUAL TRAINING, ACTIVE DUTY FOR TRAINING AND ACTIVE FOR OPERATIONA; SUPPORT, ACTIVE DUTY SPECIAL WORK, ONE YEAR RECALL, THREE YEAR RECALL, CANVASSER RECRUITER, MOBUILIZATIONOR B) PERFORMING INACTIVE DUTY ( IE INACTIVE DUTY TRAINING INACTIVE DUTY TRAVEL AND TRAINTING, UNIT TRAINING ASSEMBLY ADDITIONA TRAINING PERIODS, ADDITIONAL FLYING TRAINING PERIODS, RESERVE MANAGEMENT PERIODS, ECT.,ALL OF WHICH ARE COLLOQUIALY KNOWN AS DRILLS. SOLDIERS AND AIRMEN IN THE NATIONAL GUARD OF THE UNITED STATES ARE SUBJCT TO THE UCMJ ONLY IF ACTIVATED IN A FEDERAL CAPACITY UNDER TITLE 10 BY AN EXCUTIVE ORDER ISSUED BY THE PRESIDENT OR DURING THEIR ANNUAL TRAINING PERIODS, WHICH ARE ORDERS ISSUED UNDER TITLE 10. OTHERWISE, MEMBER OF THE NATIONAL GUARD OF THE UNITED STATES EXEMPT FROM THE UCMJ. HOWEVER, UNDER TITLE 32 ORDERS, NATIONAL GUARD SOLDIERS ARE STILL SUBJECT TO THEIR RESPECTIVE STATE CODES OF MILITARY JUSTICE. CADETS AND MIDSHIPMEN AT HE UNITED STATES MILITARY ACADEMY, UNOTED STATES NAVEL ACADEMY, UNITED STATES AIR FORCE ACADEMY AND UNITED STATES COAST GUARD ACADEMY ARE ALSO SUBJECT TO THE UCMJ. ON HE OTHER HAND, RESERVEE OFFICERS TRAINING CORPS (ROTC) CADETS AND MIDSHIPMEN ARE BY LAW EXEMPT FROM THE UCMJ ( EVEN WHILE ON ACTIVE DUTY FOR TRAINING SUCH AS CTLC, LTC, LDAC, OR WHILE ATTENDING VARIOUS TRAINING SCHOOLS SUCH AS AIRBOURNE SCHOOL, AIR ASSAULT SCHOOL, MOUNTAIN WARFARE SCHOOL, ETC) MEMBERS OF AUXILIARIES SUCH AS THE CIVIL WAR PARTOL AND THE COAST GUARD AUXILLARY ARE NOT SUBJECT TO THE UCMJ, EVEN WHEN PARTICIPATING IN MISSIONS ASSIGNED BY THE MILIARY OR OTHER BRANCHES OF GOVERNMENT. HOWEVER, MEMBERS OF THE COAST GUARD AUXILLARY CAN BE CALLED BY THE COMMANDENT OF THE COAST GUARD INTO THE TEMPOARY RESERVE, IN WHICH CASE THE BECOME SUBJECT TO THE UCMJ. RETIRED MEMBERS OF THE UNOFORMED SERVICES WHO ARE ENTITLED TO RETIREMENT PAY ARE ALSO SUBJECT TO THE UCMJ, ARE ARE RETIRED SERVISTS WHO ARE RECIEVING HOSPITAL CARE IN THE VA SYSTEM. BEING DISRESPECTFUL IS DEFINITLY NOT A POSITIVE ATTITUDE TO HAVE, ESPECIALLY INFRONT OF FELLOW SOLDIERS. RESPECT IS ONE THING THAT YOU SHOULD HAVE FOR YOUR NCO'S. A NONCOMMISIONED OFFICER HAS TO GUIDE THEIR SOLDIERS IN WHATEVER TASK, NO MATTER HOW DIFFICULT IT MAYBE. NON COMMSIONED OFFICERS ARE HAVE TO HAVE THAT RESPECT TO TAKE CONTROL OF WHATEVER MUST BE DONE. WHEN ONE JOINS THE UNITED STATES MILITARY, ONE BECOMES SUBJECT TO A COMPLETELY NEW JUSTICE SYSTEM, WHILE THE PRIMARY PURPOSE OF THE UNITED STATES JUSTICE SYSTEM IS TO DISPENSE JUSTICE THAT IS NOT THE PRIMARY REASON FOR THE CREATION OF A SEPERATION JUSTICE SYSYTEM FOR THE AMERICA'S ARMED FORCES. THE PRIMARY PURPOSE OF THE MILITARY COMMANDER WITH THE NECESSARY TOOLS TO ENFORCE GOOD ORDER AND DISCIPLINE. THATS WHY, FOR EXAMPLE, ITS NOT CONSIDERED A CRIME TO BE LATE FOR WORK AT YOUR CIVILIAN JOB, BUT IT IS A CRIME TO BE LATE FOR WORK IN THE MILITARY ( VILOLATION OF ARTICLE 86 OF THE UNIMFOR CODE OF MILITARY JUSTICE, OR UCMJ, AS PREVIOUSLY STATED.THIS ARTICLE STATES THAT ANY MEMBER OF THE ARMED FORCES WHO, WITHOUT AUTHORITY- 1) FAILS TO GO TO HIS/HER APPOINTED PLACE OF DUTY AT THE TIME PRESCIBED; 2) GOES FROM THAT PLACE; OR 3) ABSENTS HIMSELF OR REMAINS ABSENT FROM HIS UNIT, ORGANIZATION, OR PLACE OF DUTY AT WHICH HE IS REQUIRED TO BE AT THE TIME PRESCRIBED; SHALL BE PUNISHED AS A COURT MARTIAL MAY DIRECT. THE PUNISHEMENT COME IN THE ELEMENT OF FAILURE TO GO TO APPOINTED PLACEOF DUTY. A) THAT A CERTAIN AUTHORITY APPOINTED A CERTAIN TIME AND PLACE OF DUTY FOR THE ACCUSED; B) THATS THE ACCUSED KNEW THAT TIME AND PLACE; AND C) THAT THE ACCUSED, WITHOUT AUTHORITY, FAILED TO GO TO THE APPOINTED PLACE OF DUTY AT THE TIME PRECRIBED. 2) GOING FROM APPOINTED PLACE OF DUTY. A) THAT A CERTAIN AUTHORITY APPOINTED A CERTAIN TINE AND PLACE OF DUTY FOR THE ACCUSED; AND B) THAT THE ACCUSED KNEW THAT TIME AND PLACE; AND C) THAT THE ACCUSED, WITHOUT AUTHORITY, WENT FROM THW APPOINTED PLACE OF SUTY AFTER HAVING REPORTED AT SUCH PLACE. 3) ABSENCE FROM THE UNIT ORGANIZATION, OR PLACE OF DUTY. A) THAT THE ACCUSED ABSENTED HIMSELF OR HERSELF FROM HIS OR HER UNIT, ORGANIZATION, OR PLACE OF DUTY AT WHICH HE OR SHE WAS REQUIREED TO BE; C) THAT THE ABSENCE WAS FOR A CERTAIN PERIOD OF TIME. NOTE: IF THE ABSENCE WAS TERINATED BY APPREHENSION, ADD THE FOLLOWING ELEMENT D) THAT THE ABSENCE WAS TERMINATED BY APPREHENSIO. 4) ABANDONONG WATCH OR GUARD. A) THAT THE ACCUSED WAS A MEMBER OF A GUARD, WATCH OR DUTY; B) THAT THE ACCUSED ABSNETED HIMSELF OR HERSELF FROM HIS OR HER GUARD, WATCH OR DUTY SECTION; C) THAT HE ABSENCE OF THE ACCUSED WAS WITHOUT THE AUTHORITY; AND NOTE: IF THE ABSENCE WAS WITH THE INTENT TO ABANDON THE ACCUSED'S GUARD WATCH, OR SUTY SECTION, ADD THE FOLLOWING ELEMENT d) THAT THE ACCUSED INTENDED TO ABANDON HIS OR HER GUARD, WATCH O DUTY SECTION. 5) ABSNECE FROM UNIT ORGANIZATION OR PLACE OF DUTY WITH INTENT TO AVOID MANEUVERS OR FIELD EXERCISES. A) THAT THE ACCUSED ABSENTED HIMSELF OR HERSELF FROM HIS OR HER UNIT, ORGANIZATION, OR PLACE OF DUTY AT WHICH HE OR SHE WAS REQUIRED TO BE; B) THAT HE ABSENCE WAS FIR THE CERTAIN PERIOD OF TIME; C) THAT THE ABSENCE OF THE ACCUSED WAS WITHIUT AUTHORITY D) THAT THE ACCUSED KNEW THAT THE ABSENCE WOULD OCCUR DURINGA PART OF A PERIOD OF MANEUVERSOR FIELD EXERCISES; AND E)THAT THE ACCUSED INTENDED TO AVIOD ALL OR PART OF A PERIOD OF AMNEUVERS OR FIELD EXERCIES. TO BETTER EXPLAIN THIS IN GENERAL, THIS IS DESIGNED TO COVER EVERY BASE NOT ELSEWHERE PROVIDED IN WHICH ANY MEMBER OF THE ARMED FORCES IS THROGH THE MEMBERS OWN FAULT NOT AT THE PLACE WHERE THE MEMBER IS REQUIRED TO BE AT A PRESCIBED TIME. IT IS NOTNECESSARY THAT THAT PERSON BE ABSENT ENTIRELY FROM MILITARY JURISDICTION AND CONTROL. THE FIRST PART OF THIS RE;ATIN TO THE APPOINTED PLACE OF DUTY APPLIES WHETHER THE PLACE IS APPOINTED AS RENDEZVOUS FOR SEVERAL OR ONLY ONE. 2) ACTUAL KNOWLEDGE THAT THE OFFENSES OF FAILURE TO GO TO AND GOING FROM APPOINTED PLACE OF DUTY REQUIRE PROOF THAT THE ACCUSED ACTUALLY KNEW OF THE APPOINTED TIME AND PLACE OF DUTY. THE OFFENSE OF ABSENCE FROM UNIT, ORGANIZATION OR PLACE OF DUTY WITH INTENT TO AVOID MANEUVERSOR FIELD EXERCISES REQUIRES PROOF THAT THE ACCUSED ACTUALLY KNEW THAT THE ABSENCE WOULD OCCUR DURING A PART OF A PERIOD OF MANEUVERS OR FILD EXERCISES. ACTUAL KNOWLEDGEMAY BE PROVED BY CIRCUMSTANCIAL EVIDENCE. 30 THE INTENT, A SPECIFIC INTENT IS NOT AN ELEMENT OF UNAUTHORIZED ABSENCE. SPECIAL INTENT IS AN ELEMENT FOR CERTAINAGGRAVATED UNAUTHORIZED ABSENCES. 4) THE AGGRAVATED FORMS OF UNAUTHORIZED ABSENCE, THERE ARE VARIATIONS OF UNAUTHORIZED ABSENCE WHICH ARE MORE SERIOUS BEACUSE OF AGGRAVATINV CIRCUMSTANCES SUCH AS DURATION OF THE ABSENCE, A SPECIAL TYPE OF DUTY FROM WHICH THE ACCUSED ABSENCE HIMSELF OR HERSELF, AND A PARTICULAR SPECIFIC INTENT WHICH ACCOMPAINES THE ABSENCE. THE CIRCUMSTANCES ARE NOT ESSENTIAL ELEMENTS OF A VIOLATION OF THE ARTICLE EIEGHTY SIX. THEY SIMPLY CONSTITUTE SPECIAL MATTERS IN AGGRAVATION. THE FOLLOWING ARE UNAUTHORIZED ABSNECES: A) UNAUTHORIZED ABSENCE FOR MORE THEN 3 DAYS ( DURATION) B) UNAUTHORIZED ABSENCE FOR 30 DAYS (DURATION) C) UNAUTHORIZED FROM A GUARD, WATCH OR DUTY (SPECIAL TYPE OF DUTY) D)UNAUTHORIZED ABSNCE FROM GUARD WATCH OR DUTY SECTION WITH THE INTENT TO ABANDON IT(SPECIAL TYPE OF DUTY AND SPECIAL INTENT) E) UNAUTHORIZED ABSNECE WITH THE INTENT TO AVOID MANEUVERS OR FIELD EXERCISES SPECIAL TYPE OF DUTY AND SPECIFIC INTENT) 5) CONTROL BY CIVILIAN AUTHORITIES, A MEMBER OF THE ARMED FORCES TURNED OVER TO THE CIVILIAN AUTHORITIES UPON REQUEST ARTIVLE 14 IS OT ABSENT WITHOUT LEAVE WHILE HELD BY THEN UNDER DELIEVERY. WHEN A MEMBER OF THE ARMED FORCES, BEING ABSENT WITH LEAVE, IS HELD, TRIED, AQUITTED BY CIVILIAN AUTHORITIES, THE MEMBERS STATUS AS ABSENT WITH LEAVE OR ABSENT WITHOUT LEAVE, IS NOT THEREBY CHANGED, REGUARDLESS HOW LONG HELD. THE FACT THAT A MEMBER OF THE ARMED FORCES IS CONVICTED BY A CIVILIAN AUTHOITIES OR ADJUDICATED TO BE A JUEVNILE OFFENDER OR THE CASE IS DIVERTED OUT OF THE REGULAR CRIMINAL PROCESS FOR A PROBATIONARY PERIOD DOES NOT EXCUSE ANY UNAUTHORIZED ABSENCE, BECAUSE THE MEMBERS INABILITY TO RETURN WAS A RESULT OF WILLFUL MISCONDUCT. IF A MEMBER IS RELEASED BY THE CIVILIAN AUTHORITIES WITH OUT TRIAL AND WAS ON THE AUTHORIZED LEAVE TIME OF ARREST OR DETENTION, THE MEMBER MAYBE FOUND GUILTY OF UNAUTHORIZED ABSENCE ONLY IF IT IS PROVED THAT THE MEMBER ACTUALLY COMMITED THE OFFENSE FOR WHICH DETAINED, THUS ESTABLISHING THAT THE ABSENCE WAS THE RESULT OF THE MEMBER OWN MISCONDUCT.6) THE INABILITY OT RETUR. THE STATUS OF ABSENCE WITHOUT LEAVE IS NOT CHANGED BY AN INABILITY TO RETURN THROUGH SICKNESS, LACK OF TRANSPORTATION FACILITIES, OR OTHER DISABILTIES. BUT THE FACT THAT ALL OR PART OF A PERIOD OF UNAUTHORIZED ABSENCE WAS IN A SENSE ENFORCED OR INVOULNTARY IS A FACTOR IN EXTENUATION AND SHOLD BE IVEN DUE WEIGHT WHEN CONSIDERING THE INITIAL DISPOSITON OF THE OFFENSE OF ABSENCE WITHOUT LEAVE. 7) DETERMINING THE UNIT OR ORGANIZATON OF AN ACCUSED. A PERSON UNDERGOING TRANSFER BETWEEN ACTIVITIES IS ORDINARILY CONSIDERED TO BE ATTACHED TO THE ACTIVITY TO WHICH ORDERED TO REPORT. A PERSON ON TEMPORARY ADDITIONAL DITY CONTINUES AS A MEMBER OF THE REGULARLY ASIGNED UNIT AND IF THE PERSON IS ABSENT FROM THE TEMPORARY DUTY ASSIGNMENTUNIT AND THE PERSON BECOMES ABSENT WITHOUT LEAVE FROM BOTH UNITD, AND MAYBE CHARGED WITH BEING ABSENT WITHOUT LEAVE FROM EITHER UNIT. 8) tHE DURATION IS UNAUTHORIZED ABSENCE UNDER ARTICLE EIGHTY SIX IS AN INSTANTANEOUS OFFENSE. IT IS COMPOLETE AT THE INSTANT AN ACCUSED ABSENTS HIMSELF OR HERSELF WITHOUT AUTHORITY. DURATION OF THE ABSENCE IS A MATTER IN AGRAVATION FOR THE PURPOSE OF INCREASING THE MAXIMUM PUNISHMENT AUTHORIZED BY THE OFFENSE. EVEN IF THE DURATION OF THE ABSENCE US NOT OVER 3 DAYS, IT IS ORDINALILY ALLEGED BUTBOT PROVED AN ACCUSED CAN BE CONVICTED OF A PUNISHMENT FOR ONLY ONE DAY OF UNAUTHORIZED ABSENSE.9) COMPUTATION OF DURATION. IN COMPUTING THE DURATION OF AN UNAUTHORIZED ABSENCE, ANYONE CONINUOUS PERIOD OF ABSENCE FOUND THAT TOTALS MORE THN 24 HOURS IS COUNTED AS ONE DAY; ANY SUCH OERIOS THAT TOTALS MORE THEN 24 HOURS AND NOT MORE THEN FOURTY EIGHT HOURS IS COUNTED AS TWO DAYS AND SO ON. THE HOURS OF DEPARTURE AND RETURN ON DIFFERENT DATES ARE ASSUMED TO BE THE SAME IF NOT ALLEGED AND PROVED. FOR EXAMPLE, IF AN ACCUSED IS FOUND GUILTY OF UNAUTHORIZED ABSENSE FROM 0600 HOURS, FOUR APRIL TO 1000 HOURS 7 APRIL OF THE SAME YEAR, WHICH TOTALS 76 HOURS) THE MAXIMUM PENALTYWOULD BE BASED ON AN ABSENSE OF 4 DAYS. HOWEVER, IF THE ACCUSED IS FOUND GUILTY SIMPLY OF UNAUTHORIZED ABSENSE FOR 76 HOURS 10) TERMINATION. METHODS OF RETUEN TO MILTARY CONTROL. A) SURRENDER TO MILTARY AUTHORITY. A SURRENDER OCCURS WHEN A PERSON PRESERNTS HIMSELF OR HERSELF TO ANY MILITARY AUTHORITY WHETHER OR NOT A MEMBER OF THE SAME ARMED FORCE NOTIFILES THAT AUTHORITY OF HIS OR HER UNAUTHORIZED ABSENSE STATUS, AND SUBMITS OR DEMONSTRATES A WILLINGNESS TO SUBMIT TO MILTARY CONTROL. SUCH A SURRENDER TERMINATES THE UNAUTHORIZED ABSENCE B) APPREHENSION BY MILITARY AUTHORITY.aPPREHENSION BY MILITARY AUTHORITY OF A KNWONABSENTEE TEMINATES AN UNAUTHORIZED ABSENCE. C) DELIEVERY IF A KNOWN ABSENTEE BY ANYINE TO MILTARY AUTHOIRYT TERMINATES THE UNAUTHORIZED ANSENCE. D) aPPREHENSION BY CIVILIAN AUTHORITES AT THE REQUEST OF THE MILITARY. WHEN AN ABSENTEE IS TAKEN INTO CUSTODY BY THE CIVILIAN AUTHORITES AT THE REQUEST OF MILITARY AUTHORITES, THE ABSENCE IS TERMINATED. E) aPPREHENSIN BY CIVILIAN AUTHORITES WITHOUT PRIOR MILITARY REQUEST. WHEN ABSENTEE IS IN THE HANDS OF CIVILIAN AUTHORITIES FOR OTHER REASONS AND THESE AUTHORITES MAKE THE ABSENTEE AVAILABLE FOR MILITARY CONTROL, THE ABSENCE IS TERMINATED EHENTHE MILITARY AUTHORITIES ARE INFORMED BY THE ABSENTEES AVAVILABILITY. 11) fINDINGS OF MORE THEN ONE UNDER OE SPECIFICATION. AN ACCUSED MAY PROPERLY BE FOUND GUILTY OF TWO OR MORE SEPERATE UNAUTHORIZED ABSENCES UNDER ONE SPECIFICATIN AND PROVIDED THAT THE ACCUSED IS FOUND GUILTY OF TWO OR MORE UNAUTHORIZED ABSENCWES UNDER A SUNGLE SPECIFICATION, THE MAXIMUM AUTHORIZED PUNISHMENTIF THE ACCUED HAS BEEN FOUND GUILTY AS CHARGED IN THE SPECIFICATION. THE MAXIMUM PUNICHEDMENT IN THOSE LESSER OF A OFFENSE ARE 1) FAILING TO GO TO OR GOING FROM THE APPOINTED PLACE OF DUTY. CONFINMENT FOR ONE MONTH AND FORFEITURE OF TWO THIRDS PAY PER MONTH FO ONE MONTH. 2) ABSENCE FROM UNIT, ORGANIZATION OR OTHER PLACE OF DUTY. A) FOR NOT MORE THEN 3 DAYS BUT NOT MORE THEN 30 DAYS. CONFINEMEMNT FOR 6MONTHS AND FORFEITURE OF TWO THIRDS PAY PER MONTH PER 6 MONTHS. C) FOR MORE THAN 30 DAYS. DISHONORABLE DISCHARGE, FOREITURE OF ALL PAY AND ALLOWANCES AND CONFINEMENT FOR ONE YEAR. D) FOR MORE THEN 30 DAYS AND TERMINATED BY APPREHENSION. DISHONORABLE DISCHARGE, FORFEITURE OF ALL PAY AND ALLOWANCES AND CONFINMENT FOR EIGHTEEN MONTHS. 3) FROM GUARD OR WATCH. CONFINEMENT FOR 3MTHS AND FORFEITURE OF TWO THIRDS PAY PER MONTH FOR 3 MONTHS.4) FROM GUARD IR WATCH WITH INTENT TO ABANDON. BAD CONDUCT DISCHARGE, FORFEITURE OF ALL PAY AND ALOWANCES AND CONFINEMENT FOR 6 MONTHS. 5) WITH INTENT TO AOID MANEUVERS OR FIELD EXERCIES. BAD CONDUCT DISCHARGE, FORFEITHURE OF ALL OAY AND ALLOWANCES AND CINFUNEMENT FIR 6MONTHS. THE MILITARY COMMANDER HAS SEVERAL METHODS AVAILABLE TO ENFORCE GOOD ORDER AND DISCIPLINE WITHIN THE UNIT, RANGING FROM MILD ADMINISTRATIVE MEASURES SUCH AS FORMAL OR INFORMAL COUSEKING, TO FULL BLOWN GENERAL COURT MARTIALS, IN WHICH A PERSON CAN BE SENTENCED TO HARD LABOR OR EVEN EXECUTED. A REPRIMAND OR AN ADMONITION IS A CHEWING OUT. THEY CAN BE VERBAL OR THEY CAN BE WRITTEN. WRITTEN REPRIMANDS AND ADMONITIONS CAN PRVIDE A TRACK RECORD WHICH COULD LATER BE JUSTIFY PUNISHMENT UNDER ARTICLE 15 OR ADMINISTRATIVE DEMOTIONS AND DISCHARGES. EXTRA TRAINING IS NOT THE SAME AS EXTRA DUTIES IMPOSED UNDER ARTICLE 15. EXTRA DUTIES ARE PUNISHMENT, EXTRA TRAINING IS NOT. IN ORDER TO BE LEGAL, EXTRA TRAINING MUST LOGICALY RELATE TO THE DEFIENCENY TO BE CORRECTED. ADMINITRATIVE DISCHARGES ARE AUTHORIZED FOR A VARIETY OF REASONS. THE CHARACTERIZATION FOR ANADMINISTRAIVE DISCHARGE CAN BE HONORABLE, GENERAL ( UNFER HONORABLE CONDITIONDS) AND OTHER THEN HONORABLE.ALSO KNOWN AS NONJUDICIAL PUNISHMENT OR MAST IN THE NAVY/COAST GUARD AND MARINES) THIS IS THE SORT OF A MINI COURT MARTIAL WITH THE COMMANDER ACTING AS JUDGE AND JUDY. ITS USED FOR RELATIVELY MINOR/ MISDEAMNOR, CRIMES UNDER THE UCMJ. THE PUNISHMENT AUTHORIZED IS LIMITED BY THE RANK OF THE COMMANDER AND THE RANK OF THE ACCUSED. IN MOST CASES A PERSON CAN REFUSE AN ARTICLE 15 PUNISHMENT AND DEMAND A TRIAL BY COURT MARTIAL INSTEAD. CIVILIANS ARE PROTECTED FROM INVOULUNTARY SELF INCRIMINATION BY THE FIFTH AMENDMENT. MILITARYPERSONNEL ARE ALSO PROTECTED. THE MILITARY HAS NO BAIL SYSTEM. BUT THERE ARE SPECIAL RULES WHICH MUST BE FOLLOWED IF A MILITARY MEMBER IS CONFINES PRIOR TO COURT MARTIAL. THE COURT MATTIALS ARE THE "BIGGIES" HTERE ARE THREE TYPES OF COURT MARTIALS: SUMMARY, SPECAIAL AND GENERAL. A CONVICTION BY A SPECIAL OR GENERALCOURT MAYBE FELONY CONVICTION. COURT MARTIALS CAN AWARD FINES, REDUCTIONS, PUNITIVE DISCHARGES AND PRISON TIME (AT HARD LABOR). GENERAL COURT MARTIALS CAN EVEN IMPOSE THE DEATH PENELTY FOR CERTAIN OFENSES. AS YOU CAN SEE, MAINTAINING DISCIPINE IN THE OUR UNITS IS VERY IMPORTANT. WHEN YOU HAVE RESPECT FOR THE NCO THINGS SEEM TO WORK OUT SMOOTHLY. WHEN WE ALL RESPECT THE NCO, WE ARE CAPABLE PF KEEPING OUR ATTENTION FOCED ON THE MISSION/ TASK AT HAND. THE "NCO CORPS" IS OFTEN REFERRED TO AS THE BACKBONE IN THE ARMY. THEY DESERVE RESPECT.