Article 86 - Essay 1
If a soldier is late for a formation he is in violation of Article 86 of the UCMJ, Failure to Report to Appointed Place of Duty. The supervisor must then counsel his soldier and attempt to correct this behavior. The supervisor has a lot of latitude to decide how to punish this soldier. He can make the soldier report 30 minutes prior to the first formation for the day for five consecutive days. This would typically have him reporting at 0600 hours rather than 0630 hours. He could have him report to the Staff Duty NCO every 4 hours through the night for a specified number of days. This would take away the soldier 's time creating an unpleasent situation for that soldier.
This form of correction provides both specific and general deterrence. It specifically deters because that soldier will not want to go through whatever punishment was dealt out to him. He would also be aware that the penalties get stiffer the next violation of the same instance. It generally deters because all other soldiers in that platoon or company see what happened to that soldier and do not want that same thing to happen to them.
Most infractions of the UCMJ can be dealt with by nonjudicial punishment. Nonjudicial punishment is Article 15 of the UCMJ. The authority of commanders to give an Article 15 is found in Article 15 of the Uniform Code of Military Justice. An Article 15 is considered non-judicial punishment, because it is not a judicial proceeding. Non-judicial punishment is a military justice option available to commanders. It permits commanders to resolve allegations of minor misconduct against a soldier without resorting to higher forms of discipline, such as a court-martial. The commander has complete discretion about whether to impose an Article 15. A soldier may, however, refuse to accept the Article 15 and instead demand trial by court-martial. (Powers, Nonjudicial Punishment)
There are three types of Article 15 's. Summarized any company grade commander may administer this
This form of correction provides both specific and general deterrence. It specifically deters because that soldier will not want to go through whatever punishment was dealt out to him. He would also be aware that the penalties get stiffer the next violation of the same instance. It generally deters because all other soldiers in that platoon or company see what happened to that soldier and do not want that same thing to happen to them.
Most infractions of the UCMJ can be dealt with by nonjudicial punishment. Nonjudicial punishment is Article 15 of the UCMJ. The authority of commanders to give an Article 15 is found in Article 15 of the Uniform Code of Military Justice. An Article 15 is considered non-judicial punishment, because it is not a judicial proceeding. Non-judicial punishment is a military justice option available to commanders. It permits commanders to resolve allegations of minor misconduct against a soldier without resorting to higher forms of discipline, such as a court-martial. The commander has complete discretion about whether to impose an Article 15. A soldier may, however, refuse to accept the Article 15 and instead demand trial by court-martial. (Powers, Nonjudicial Punishment)
There are three types of Article 15 's. Summarized any company grade commander may administer this
References: Department of the Army. (2002) AR 21-10 Military Justice. Washington D.C.: United States Army Publishing Authority. Department of the Army. (1992) FM 21-1 Legal Guide For Commanders. Washington D.C.: United States Army Publishing Authority. Department of the Army. (2002) Manual for Courts-Martial. Washington D.C.: United States Army Publishing Authority. Powers, R. (n.d.). Nonjudicial Punishment. Retrieved February 13, 2005, from http://usmilitary.about.com/od/justicelawlegislation/a/article15_1.htm Powers, R. (n.d.). Military Justice 101. Retrieved February 13, 2005, from http://usmilitary.about.com/od/justicelawlegislation/a/miljustice.htm