ANSWERS: 5
  • Yes, insomuch as the corrective action is deemed remedial rather than punitive in nature.
  • As taken from http://usmilitary.about.com/library/pdf/armyietguide.pdf Under legal rights: "Protection against double jeopardy. If found innocent by court-martial, you cannot be tried again by a court-martial for the same crime." Hope this helps.
  • The CO is GOD and if he says to take your butt outside and shoot you that is what will happen! He has the final say concerning his company!
  • It is possible to generate multiple A15 charges from a single incident. For example, let's say you went into a restricted establishment off-post and your NCOIC went in to pull you out. You got PO'd, refused his direct, verbal order to leave the establishment, and then popped him a good one. Under UCMJ, you have: 1 - Disobeyed a standing order (entering the off-limits establishment) 2 - Disobeyed a direct order (ignoring your NCOIC) 3 - Assaulted a superior (hanging a mouse on your NCOIC). If the CO wanted, he could send you up to a court-martial for any of the above UCMJ violations. He could choose to fold all 3 charges into a single A15. He could really drop a hammer on you by bringing each one up separately. He could choose one and ignore the rest. Let's say he went for the biggest infraction and decided to handle it with an A15. You exercised your right to a court-martial and won. He can still file A15s for the other two but you would probably have a very good run back to the court-martial as you were not charged in a timely manner and the behavior of the CO could reasonably be viewed as retribution for making him look like the ass he seems to be.
  • You cannot be brought up on the SAME charges/violations by either courts-martial OR Article 15 (NJP, or Captain's Mast, as it's known in the Navy). HOWEVER, you CAN be written up for related charges. If you look at UCMJ Art. 79: "An accused may be found guilty of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged or an offense necessarily included therein." Let's say that you were U/A (Art. 86: AWOL, as it's known outside the Navy). This is a pretty minor infraction, not likely to got to courts-martial, but let's say it does and you "win" your case. Your CO cannot afterwards give you an Art. 15 NJP for the same offense. However, if you missed movement of your unit (Art. 87) because you were AWOL, then he CAN charge you for this. Or, if you were AWOL multiple times, and the courts-martial only covered some of those times, your CO can bring you up on violations for those other dates. And, if charges are "withdrawn without prejudice" at a courts-martial, then they MAY be re-prefered on you again later, if they so choose. In addition to this, your CO may decide to process you for Administrative Separation...another process which does NOT require a courts-martial or an Art. 15. In general, what is thought of as 'double jeopardy' does NOT exist within the bounds of strictly military legal applications of the UCMJ. For example, like the civilian world, once you've been tried for a specific crime and been judged innocent, you cannot be tried again for the same offense. But you can STILL be tried for related offenses not included in the original trial, or if the trial was a criminal trial, you may be charged of related offenses in a civil trial. OJ Simpson is a good example of this. He was found innocent in a criminal trial for murder, but afterwards went to a civil trial and lost. What IS thought of as 'double jeopardy' by many, with respect to the military, is the fact that you CAN be tried twice for the same offense THIS way: Let's say that while you're in the military, you are tried by civilian authorities for DUI. The civilian courts find you guilty and take away your drivers license, blah, blah, blah. The military can then turn around and charge you with violation of UCMJ Art. 111 (Drunken or Reckless Driving) and convict you again either in NJP or courts-martial. This is because you, as a member of the military, are subject to military law in addition to the civilian laws of your country, or the countries you may serve in. They are two different legal realms. Because of this, it's not actually double jeopardy. This distinction is VERY CLEARLY covered in great detail during training at boot camp. I still remember it quite well more than 20 years later, because it really grabs EVERYBODY'S attention when they start talking about 'double jeopardy'. <EDIT> IMPORTANT THING TO THINK ABOUT WITH RESPECT TO ART. 15 AND COURTS-MARTIAL: If you are brought up for charges under Art. 15 (NJP) think VERY carefully about asking for trial by courts-martial. NJP is NON-JUDICIAL PUNISHMENT. A conviction under Art. 15 carries NO CRIMINAL RECORD afterwards. It's all "in house" if you will. Rules of evidence do not apply, and the CO's punishment is restricted by the guidelines of Art. 15. He can place you on restriction for only certain amounts of time, fine you only certain amounts, assign only a limited amount of extra duties, and so forth. But a conviction by Art. 15 carries absolutely NO criminal record of any kind, other than a service record entry. Courts-martial, however, is QUITE different. A conviction in a courts-martial is a FELONY CONVICTION, no matter WHAT the offense is. That WILL follow you everywhere you go, for the rest of your life. Rules of evidence DO apply in courts-martial, but a conviction by courts-martial means they can levy the maximum penalty for whatever you are convicted of...including Bad Conduct Discharge, up to life in prison, or the death penalty for certain violations.

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