What is Article 137 of the UCMJ?

What is Article 137 of the UCMJ?

This includes an amendment to Article 137, UCMJ, which requires officers with authority to convene general or special courts-martial or to administer non-judicial punishment (NJP) to receive training on the purpose and administration of the UCMJ.

When should Article 137 be explained?

Article 137 states these articles must be explained upon entry to active duty, after a member has completed six months of service, and at EVERY re-enlistment. Your local legal office has been given the responsibility of giving this briefing and tracking who and when members receive it.

What is Article 134 of the UCMJ?

Adultery in the military is addressed under Article 134 of the UCMJ, also known as the “General Article,” which is a list of prohibited conduct that is of a nature to bring discredit upon the armed forces or is prejudicial to good order and discipline.

What is the article for fraternization?

The Manual for Courts-Martial (UCMJ) describes fraternization as an offense between an officer and enlisted person in Article 134 of the UCMJ.

What is the Article 137 briefing?

The Article 137 briefing originates from the Uni- form Code of Military Justice. It outlines specific articles within the UCMJ that must be “carefully explained” to en- listed members at certain times during their career. If you are an enlisted member of the Armed Forces then this brief- ing will apply to you.

What is an Article 138 complaint?

Article 138, Uniform Code of Military Justice, provides that any member of the armed forces who believes himself wronged by his commander, and refused redress, may make a complaint to any superior commissioned officer, who will forward the complaint up to the General Court Martial Convening Authority (GCMCA).

Are spouses subject to UCMJ?

A civilian spouse is NOT subject to the Uniform Code of Military Justice.

What is Article 138 of the UCMJ?

Article 138, UCMJ, provides, “[a]ny member of the armed forces who believes himself wronged by his commanding officer, and who, upon due application to that commanding officer, is refused redress, may complain to any superior commissioned officer, who shall forward the complaint to the officer exercising general court- …

What is Article 136 of the UCMJ?

136. Authority to administer oaths and to act as notary. (a) The following persons on active duty or performing inactive-duty training may administer oaths for the purposes of military administration, including military justice: (1) All judge advocates.

Who gets in trouble for fraternization?

UCMJ Article 134 FRATERNIZATION. If the military finds a relationship between an officer and enlisted member brings discredit on the service or prejudicial to good order and discipline, the service considers that relationship to be in violation of Article 134 Fraternization or potentially Article 92 Fraternization.

Can enlisted date other enlisted?

Yes, this relationship is acceptable under Army policy. While intimate relationships between officer and enlisted personnel are prohibited, team-building associations are exempt from this prohibition.

What is Article 80 of the UCMJ?

Article 80 reads that a crime must go beyond “mere preparation and tending.” In other words, you cannot be convicted of an Article 80 offense simply by arranging or plotting a crime. There must be a substantial step towards the commission of the offense before you can be convicted of violating Article 80 of the UCMJ.

How do I file a UCMJ Article 138?

The formal filing of the Article 138. The law states that you can submit the complaint to “any superior commissioned officer.” Generally your complaint would go up your chain of command to the officer exercising general court-martial jurisdiction over the officer from whom you initially requested redress.

Can I sue my commanding officer?

Think of the military as any big company — if that company is responsible for a wrong you have suffered, you are generally able to seek financial compensation. Unfortunately, most active duty members of the military CANNOT sue the military.

What happens if a soldier cheats on his wife?

The maximum punishment for adultery, defined in the Uniform Code of Military Justice as Extramarital Sexual Conduct is a dishonorable discharge, forfeiture of all pay and allowances, and confinement for up to a year.

What happens if a military man cheats on his wife?

What sort of punishment do soldiers face for cheating on their spouses? The military penalty remains pretty harsh: up to a year in confinement plus a dishonorable discharge, which entails the forfeiture of all retirement pay.

Can you kiss your wife in uniform?

Hand-holding, hugging and kissing are generally not allowed while in uniform.

What is Article 135 of the UCMJ?

Courts of inquiry. (a) Courts of inquiry to investigate any matter may be convened by any person authorized to convene a general court-martial or by any other person designated by the Secretary concerned for that purpose, whether or not the persons involved have requested such an inquiry.

What is Article 120 of the UCMJ?

Article 120 of the UCMJ address illegal sexual conduct that is committed by members of the armed forces. These charge include rape, sexual assault, aggravated sexual contact, and abusive sexual contact.

Can a private date a sergeant?

Dating & intimate relationships between NCOs and junior enlisted soldiers is prohibited. Marriage will not prevent command action for the fraternization prior to the marriage.

Can officers sleep with enlisted?

Can an NCO marry a junior enlisted?

NYNG Non-Commissioned Officers (NCO) and Junior Enlisted members (E4 and below) may not engage in: a. Personal Relationships. Dating, shared living accommodations, and intimate or sexual relationships.

What is Article 88 of the UCMJ?

What is Article 88 of the UCMJ? Contempt toward officials under Article 88 of the UCMJ takes place when a commissioned officer of the United States Armed Forces uses contemptuous words against officials of any branch of the U.S. government or any state government.

Can a NCO touch you?

These types of contacts are entirely reasonable, per- missible, and within the normal activities of law enforcement personnel and commanders—they are not detentions in any sense. Officers, NCOs, and MPs may initiate contact with persons in any place they are lawfully situated.