On 25 of August 2011, I accompanied SGT Williams off post. Although it seems to be nothing at all by that statement. The consequences of that night and the things I should have done are possibly going to cost a good NCO his career, and landed me in this punishment. Before I get in to the actual circumstances of this incident I want to cover my references Article 92 and article 89 of the UCMJ.
First what is UCMJ? The Uniform Code of Military Justice (UCMJ) is the base of military law. The UCMJ is a federal law, enacted by Congress in1950. The UCMJ was based upon and replaced the Articles of War. Which had been in various forms since 1775. Articles 77 through 134 of the UCMJ are known as the "punitive articles,". Specific offenses which can result in punishment by a court-martial. The law requires the Commander-in-Chief (The President of the United States) to implement the rules of the UCMJ. The President accomplishes this by an executive order known as the Manual for Court Martial or MCM. Chapter 4 of the MCM covers , and expands on the punitive articles. The MCM divides the punitive articles into six parts: The text, elements of the offense, an explanation, lesser included offenses, maximum permissible punishments, and sample specifications.
To facilitate order and discipline society as a whole need laws. The military no matter what branch of service and or job is no different. The military has a special set of rule and regulations separate for khedivial laws that we also have to fallow. These are specific to laws of war, conduct, discipline area s that hold the military to a higher standard of professional conduct that is needed to perform the task at hand. Some of the things that are not illegal in regular sociality that are highly frowned upon are illegal my the standers that we as soldiers live by. Although UCMJ is just one of the tools used to monitor a military personals conduct, it is the most important because of it being the base for all of military conduct. Next I am going cover the violations of my personal conduct. Article 92 and Article 89.
Uniform Code of Military Justice (UCMJ) ￼ART. 92. FAILURE TO OBEY ORDER OR REGULATION: ￼Any person subject to this chapter who- (1) violates or fails to obey any lawful general order or regulation; (2) having knowledge of any other lawful order issued by any member of the armed forces, which it is his duty to obey, fails to obey the order; or (3) is derelict in the performance of his duties; shall be punished as a court-martial may direct. (http://usmilitary.about.com/library/milinfo/ucmj/blart-92.htm) . In the most sever instances disobeying a direct order can result in loss of life. The fact of being stationed in Korea it can also result in a major hurtle that the relationship of the Republic of Korea and The United States have to get over. We have seen evidence of this many times. The protests of post, and the constant revisions to policy. Failure to obey orders is an example of lack discipline.
One of most detrimental things that will cripple the United States Army is a lack of discipline. If you think about it discipline is the first thing you are taught while in basic training. With out this the military would be nothing but a bunch or random people with out any sense of responsibility, duty, respect, or order. This applies to a broad spectrum when dealing with the military. There are many things as soldiers that we would rather not do. It is sense a discipline and duty that keeps the United States Army so effective. Everything from the patrols we go on, deployments, guard duty and myriad of other things that the Army requires us to perform. All in all the military as a force would completely crumble as an organization and be completely dysfunctional.
As soldiers we take an Oath when we enlist in the Army. Part of that is “I will obey the orders...