Regulation 5 - JAG - Court Martial |

Regulation 5 - JAG - Court Martial Jan 12, 2018 16:12:22 GMT

Post by Tumon360 on Jan 12, 2018 16:12:22 GMT

Regulation 5

Department Of Defense

Judge Advocate General - Court Martial

Section 1, Persons Subject

All of the Department Of Defense personnel, are subject to the (MJUC)

Section 2, Authorised Discipline

Authorised Discipline may occur from a high rank at DoD, who is the judge advocate at DoD

Section 3, Military Justice for Uniform code

- Chapter 1. Punitive Articles

Any person punishable under this chapter who–

(1) commits an offense punishable by this chapter, or aids, abets, counsels, commands, or procures its commission or

(2) causes an act to be done which if directly performed by him/her would be punishable by this chapter, is a principal.

Under the Department Of Defense law, OSD have small power on dealing with this, is up to the (JAG)

Section 4, of Military Justice

. FRAUDULENT ENLISTMENT, APPOINTMENT, OR SEPARATION

Any person who–

(1) procures his own enlistment or appointment in the Department Of Defense by knowingly false representation or deliberate concealment as to his qualifications for the enlistment or appointment to receive pay or allowances or gain benefits there under; or

(2) procures his own separation from the armed forces by knowingly false representation or deliberate concealment as to his eligibility for that separation;

shall be punished as a court-martial may direct.

Section 5, Desertion

Any member of the DoD who–

without authority goes or remains absent from his unit, organization, or place of duty with intent to remain away therefrom.

quits his unit, organization, or place of duty with intent to avoid hazardous duty or to shirk important service; or

Any commissioned officer of the armed forces who, after tender of his resignation and before notice of its acceptance, quits his post or proper duties without leave and with intent to remain away therefrom permanently is guilty of desertion. Any person found guilty of desertion or attempt to desert shall be punished, if the offence is committed in time of war, or such other punishment as a court-martial may direct, but if it occurs at any other time, by such punishment, as a court-martial may direct.

DISRESPECT TOWARD SUPERIOR COMMISSIONED OFFICER

Any person subject to this chapter who behaves with disrespect toward his superior commissioned officer shall be punished as a court-martial may direct.

ASSAULTING OR WILFULLY DISOBEYING SUPERIOR COMMISSIONED OFFICER.

Any person subject to this chapter who–

(1) strikes his superior commissioned officer or draws or lifts up any weapon or offers any violence against him while he is in the execution of his officer; or

(2) wilfully disobeys a lawful command of his superior commissioned officer;

shall be punished, if the offense is committed in time of war, by NH or such other punishment as a court-martial may direct, and if the offence is committed at any other time, by such punishment, other than DD, as a court-martial may direct.

INSUBORDINATE CONDUCT TOWARDS A CHIEF WARRANT OFFICER, NON COMMISSIONED OFFICER, OR PETTY OFFICER

Any warrant officer or enlisted member who–

(1) strikes or assaults a warrant officer, non commissioned officer, or petty officer, while that officer is in the execution of his office;

(2) wilfully disobeys the order of a warrant officer, non commissioned officer, or petty officer; or

(3) treats with contempt 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.

FAILURE TO OBEY ORDER OR REGULATION

Anyone who does not obey the code of conduct here, at DoD Will face the court, for a consequence, this can take up to a week, to process.

SPIES

Any person who in time of war is found lurking as a spy or acting as a spy in or about any place, vessel, or aircraft, within the control or jurisdiction of any of the armed forces, or in or about any shipyard, any manufacturing or industrial plant, or any other place or institution engaged in work in aid of the prosecution of the war by the Unites States, or elsewhere, shall be tried by a general court-martial or by a military commission and on conviction shall be punished by Never Rehire

Requesting a trial

How do you request a trial? In order to request a trial you can ask a member of ONAVIG (red berets) or the OLA. Asking any officer can redirect you getting a trial date. As well as this if you are still a member you can go to the OLA board and request one.

General requirements are E4+ with a minimum of 14 days service as well as sufficient evidence to request a trial.

Office of the Chief of Naval Operations

Department Of Defense

Office of the Naval Education and Training Command

Office of the Chief of Naval Operations