Article 86 Essay Example

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 type of Article 15. Soldiers who are read a summarized Article 15 are not entitled to consult with a defense attorney. They may, however, turn down the Article 15 and demand trial by court-martial.The maximum punishment authorized at a summarized Article 15 is any combination of: extra duty for 14 days, restriction for 14 days, oral reprimand or admonition. Company grade, any company grade commander may administer this type of Article 15. The maximum punishment authorized at a company grade Article 15 is any combination of, extra duty for 14 days, restriction for 14 days, oral reprimand or admonition, forfeiture of 7 days base pay, reduction in rank of one grade (E-4 & below only).

A Field Grade commander in the rank of Major or above may administer this type of Article 15. The maximum punishment authorized at a field grade Article 15 is, extra duty for 45 days, restriction for 60 days (maximum of 45 days if combined with extra duty), oral reprimand or admonition, forfeiture of half of their base pay per month for two months, reduction in rank to E-1(E-4 & below) or reduction in rank of one grade (E-5 & E-6 only). (AR 27-10, 2002, p. 10-12) Nonjudicial punishment serves as an excellent means to help hinder violations of the UCMJ in the military.Nonjudicial punishment is fast, there is

less paperwork, and punishment comes quicker. In the Manual for Courts Martial under Article 16, the UCMJ provides for three different types of court-martials.

They are summary, special, and general. These types of courts-martial are different in their administration, and the level of punishment each court can impose. Summary court-martial consists of one commissioned officer, and may try only enlisted soldiers for minor offences. The punishment that can be imposed is only slightly higher than a field grade article 15.

A court-martial conviction however is a federal conviction, while a Field Grade Article 15 is not. For soldiers in the pay grade of E-4 and above, a summary court martial may sentence a soldier to 60 days restriction, forfeiture of two-thirds one month's base pay and demotion of one rank. For soldiers in the pay grade of E-3 and below, a summary court-martial may sentence a soldier to 60 days restriction or one month confinement, demotion to lowest rank, and forfeiture of two thirds pay for one month. Manual for Courts Martial, 2002, pg A2-6) A special court-martial is often classified as a misdemeanor court, all persons subject to the UCMJ, including officers and warrant officers can be tried by a special court martial.

A special court-martial may impose extra duty, admonition, restriction, reprimand, and confinement for not more than six months, and forfeiture of two-thirds of a month's base pay for six months. Enlisted soldiers can be demoted to the lowest pay grade, and receive a bad-conduct discharge. Manual for Courts Martial, 2002, pg A2-6)A general court-martial consists of no less than five members and a military judge, or the soldier can be tried by

military judge alone upon the request of the solder being tried. A general court-martial is often classified as a felony court. The general court-martial can try all persons subject to the UCMJ including officers.

A general court-martial may consider any sentence allowed by the UCMJ. This could include lengthy incarceration, hard labor, life in prison and the death penalty. Manual for Courts Martial, 2002, pg A2-6) Although there are differences in the administration, and underlying philosophy, the ultimate goal is the same. Corrections, whether it is in the Army or in the civilian world is there to deter crime. The UCMJ does just that from the least of crimes, showing up late to work, or to capital crimes. The UCMJ serves as a deterrent to deviant behavior in the military.