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hello this is WJ AG news I'm major heights and I'm Staff Sergeant wood and we're from we're here today because article 137 of the UCMJ says we have to be article 137 requires that we carefully explain certain articles of the UCMJ to both enlisted members and commissioned officers at certain points in their careers this briefing will cover many many articles at Lee's cmj will also talk about punitive and administrative discharges service characterization and the benefits and disadvantages of discharges with those service characterizations will close today's briefing with a detailed review of sexual misconduct at the end of the briefing an attorney or a paralegal from will be here to answer any questions that you may have as you know or reasonably should know the military has a unique set of rules that only apply to those who serve as members of the Armed Forces you're not only expected to obey civilian loss but also military specific laws the uniform we wear and the oaths we take demand that we are held to a higher standard with that in mind Congress and the president have established military law through the UCMJ there are certain crimes that are unique to the military for example showing up late to work if your civilian may not be a crime however if you show up late in the military that is called failure to go which is against article 86 of the UCMJ another example would be drug network it might not get you arrested or land you any jail time if you are a civilian however in the military being drunk on duty is a violation of article 112 and can land you up to nine months of jail time and a bad conduct discharge the purpose of military law is to establish justice and maintain good order and discipline within the Armed Forces good order and discipline promotes efficiency and effectiveness within the military which leads to stronger national security but bluntly military justice equals national security the Constitution and US criminal law do not normally apply beyond our nation's border but we have to be ready to serve anytime anywhere and we can't leave military justice behind so the military requires a source of jurisdiction that's not based on territory but rather based on the military's authority over military personnel that's why article 2 of the UCMJ identifies who is subject to the UCMJ all active duty members retirees entitled to a retirement pay reservists on active duty or in active duty training members of the National Guard on title 10 orders and someone serving a sentence imposed by a court-martial are all subjects that UCMJ regardless of where they may be that means that even after retirement or discharge the UCMJ can still apply article 3 says that a person commits a crime while subject to the same je as later discharged or otherwise removed from orders they can be recalled to duty to be prosecuted for the offense committed while on duty under certain circumstances for example if the Reserve Component member violates the UCMJ while on active duty they can be ordered to active duty and face judicial proceedings or if a retiree committed tml fraud while processing they can be recalled to active duty for a court-martial article 7 through 14 discuss apprehension and restraint in the military justice system article 7 defines apprehension as taking a person into custody and requires that there be a reasonable belief that an offense has been committed and that the person apprehended committed said offense article 8 permits civilian law enforcement officers to apprehend a deserter and deliver that service member into the custody of the Armed Forces article 9 pilots difference between arrest and confinement arrest is their strength of a person by an order it is not imposed as a punishment for the offense confinement is a physical restraint of a person any order for arrest or confinement must be based on probable cause any commissioned officer may order an enlisted member into arrest or confinement by oral or written order a commander may delegate this authority to an NCO in regard to commissioned officers warrant officers or civil subject to this chapter only a commander may order a commissioned officer into arrests or confinement this authority is not delicate however Security Forces personnel may hold an offender and until the proper authority is notified article 10 addresses another variety of restraint that of members charged with an offense under the UCMJ a commander may order a service movers with an offense into arrest or confinement if thickets circumstances require typically this pre-trial confinement is only appropriate when the member is considered likely to commit further serious misconduct or is unlikely to attend trial when a person is placed in arrest or compliant prior to trial they must be informed of the specific role of which they are accused importantly pre-trial confinement or restraint begins a 120 day speedy trial clock in other words beginning the day that they are placed in confinement the government must begin court-martial proceedings within 120 days where all charges must be dismissed article 11 creates reporting requirements for prisoners within 24 hours of receiving a prisoner a comparative facility commander must report the prisoners name alleged offenses in the name of the person who authorized the imprisonment article 12 says that no member of the Armed Forces may be confined with enemy prisoners or other foreign nationals who have been detained under the law or and are not a member of the Armed Forces article 13 prohibits punishment before trial arrests and confinement are specifically excluded and are not considered punishment so long as they are no more restrictive than needed to ensure the member appears at court-martial article 14 allows military authorities to deliver military personnel to civilian authorities if they have committed a civilian crime now it's time for everyone's favorite article 15 article 15 gives commanders the authority to impose non-judicial punishment or njp on members under their command this allows commanders to handle certain offenses without a trial by court-martial however the member is able to turn down njp and demand trial by court-martial accepting njp is not an admission of guilt it is strictly a forum choice that's right Plus in JP proceed are not criminal convictions further the amount and type of punishment available at njp is limited and that is determined based upon the grade of the offender at the time punishment is imposed and the greater the commander imposing punishment I am Staff Sergeant Choi spray and today I'll be talking to you about the punishments through article 15 the punishments through article 15 is based on two factors the commander's grade and the offender's grade if the commander is a lieutenant or captain the maximum punishment they may impose is seven days forfeiture of base pay 14 days of extra duty 14 days of restriction and a reprimand they may reduce members in the ranks of e 2 through e4 down to an army basic it may reduce a staff sergeants by one grade lieutenants and captains cannot reduce an e6 or above in grade nor may they impose njp for senior or the chief master sergeants a major may impose a maximum punishment of forfeiture of one-half month's pay per month for two months 45 days extra duty 60 days of restriction and a reprimand majors may reduce an e 2 through an e 4 to the grade of e 1 and they may reduce a 5 sandy 6s to the next inferior grade majors cannot reduce a master sergeant in grade and they cannot impose njp on senior or chief master sergeants lieutenant Colonel's and Colonels have similar punishment restrictions to majors except for they may also reduce the best sergeants by one grade only the match com commander or promotion Authority delegated us a senior or chief master sergeant by one grade if the member is receiving non-traditional punishment is an officer the commander must hold the rank of colonel or above Colonels may impose 30 days of restriction and may issue a reprimand while general officers may impose forfeiture of one-half month's pay for two months 30 days of arrest in quarters 60 days of restriction and a reprimand the next major portion of the UCMJ addresses the composition of courts did you know that the plural form of court-martial is not court martials but courts martial the more you know right and now with that out of the way we'll begin article 25 article 25 lays out who may serve on a court-martial those individuals include any commissioned officer on active duty and any enlisted member on active duty who is not junior in rank or grade to the accused the community Authority will detail individuals best qualified for the role taking into consideration factors such as the members age education experience and length service article 27 provides that government trial counsel and defense counsel will be detailed to each general and special court-martial it also establishes certain conditions that can disqualify a Jag as trial or defense counsel in a particular case such as serving as preliminary hearing officer judge or court member in the same case article 31 is an extremely important article of the UCMJ it provides certain rights service members that do not exist in civilian Criminal Procedure most importantly compulsory self-incrimination is prohibited that means that you cannot be forced to provide testimony against yourself if you are subjected to a crime you cannot be questioned unless you are given these advisements and warnings first you must be informed of the nature of the alleged offense next you are not required to make a statement about the offense but if you do make a statement after a rices advisement it may be used as evidence against you you have the right to an attorney an ADC can be appointed to you free of charge or you may choose to have a civilian attorney act on your behalf however this option comes at your own expense finally you have the right to stop the questioning at any time the next section of the UCMJ provides rules for trial procedures article 37 forbids commanders and court-martial convening authorities from taking actions that might coerce or influence the action of a court-martial and article 38 defines the duties of trial counsel and defense counsel in short trial counsel act as prosecutors for the government while the defense counsel represent the accused the next section discusses the sentence a court-martial may give article 55 prohibits cruel and unusual punishment specifically a court-martial may not sentence a member to flogging brandy marking or to on the body article 77 through 134 other punitive articles this collection of laws specifies crimes within the military justice system along with their elements and the punishments that may be adjudged in fact when you think of the articles within the UCMJ you are probably thinking of the punitive articles the first few punitive articles identify theories of criminality article 77 says that anyone involved in committing a crime whether it's the person who actually committed the criminal act or someone who aids abets councils commands or otherwise causes the criminal acts who occur may be punished for violating the law similarly article 78 says that someone who hides that a crime has been committed or helps a criminal evade apprehension trial or punishment may be punished as an accessory after the fact article 79 says that if an accused is found not guilty of a charged offense they may still be found guilty of a lesser included offense if all the elements of that crime are met for example a lesser included offense of robbery is larceny the elements of larceny include taking someone else's property without permission while the elements of robbery include taking someone else's without permission by force or the threat of force if we were to charge a member with robbery the court martial may find that they stook the other person's property without permission but did not find the element that they took it by force or the threat of force in this case the court martial must find the defendant not guilty of robbery however they may find them guilty of the lesser included offense of larceny since the elements of that crime are many articles 80 81 and 82 address attempt conspiracy and solicitations simply put they say that trying to commit a crime planning with others to commit a crime and ask someone else to commit a crime for you are all treated the same as if you had in fact committed that crime the remainder of the punitive articles details specific criminal acts there are over 80 punitive articles detailing more than 100 crimes but how well do Airmen know the UCMJ we asked around and here's what we learned thanks major Heinz I'm Major Heinz and I'm here from we're here today it stung that's people about that UCMJ see what they know let's go what do you know about malingering breach of medical quarantine so you're sick and they got you quarantined off just leaving what's missing movement what about what about escaping correctional custody so you're a fugitive what is disrespecting the superior commissioned officer article 90 is willfully disobeying a superior commissioned officer don't do that you tell me about insubordinate conduct towards an NCO that is disobeying orders failure to obey an order or regulation or dereliction of duty that's actually this one covers a lot of things but basically if someone gives you an order you have to follow it that also means that if there's a regulation that's been published or if there's a general order that whether you know about it or not you still have to follow all of the requirements that are in that what is cruelty or maltreatment basically treating someone lower than what you I like that it's pretty good what about prohibited activities with military recruits or military trainees oh that's when you're not supposed to have like an unauthorized relationship what is mutiny basically our overthrowing your supervisors and Department that's pretty close it's a lot of a lot of the right notes what is disrespect towards us any disrespect towards the Sentinel is anything that puts disrespect on the uniform basically so if you're coming up just being plain rude or making offensive gestures or march towards the security forces member and augmentee sending out here they can also launch you up in a lot of trouble so what is a release of a prisoner without authority basically just giving them a get-out-of-jail-free card yeah what about misconduct has a prisoner of war doing something as a prisoner of war in order to receive better treatment yeah it's a improper use of a counter sign so basically if we have a designated sonic counter saw and use it wrong in the wrong manner then you could basically give away your sonic counter song like cuz that's confidential nobody said the people that need to know we're supposed to know that spying spying any information that article 103 a espionage in a person who with intent or reason to believe that it is to be used to the injury of the US or to the advantage of a foreign nation who does or attempts to communicate deliver or transmit to an entity article 103 be aiding the enemy any person who aids or attempts to the enemy with arms ammunition supplies money or other things or without proper authority knowingly harbors or protects or give intelligence to or communicates or corresponds with or holds any intercourse with the enemy either directly or indirectly can you give me examples of some public records offenses altering concealing or removing different records or public records right so false or unauthorized pass obviously don't fake passes yeah but it's also a threat because we don't know who that person is what they've done in the past and what their intentions are for the base if they're trying to hurt personnel or if they're trying to hurt resources what is impersonating a commissioned officer sir what is no I'm asking you what is what is that what is ask you the same question what it's what is know about wearing unauthorized insignia or decals stolen valor there you go no that's like if you see somebody that's not in the military or is prior military or any reason that they're wearing rank or uniform items or anything like that the direction authorized to wear what is parole violation that is when so you have like a your list of things you can and cannot do in parole we break them that is rule loss damage destruction or wrongful disposition of military property so for that I would think I have an iPad or something that I want to get rid of and some counted equipment I'm gonna destroy it when I'm not supposed to get rid of evidence basically and it kind of comes or anything like that you're not supposed to have authority to destroy and you do it anyway sure responsibilities in regards to captured or abandoned enemy property so there's an accountability process for any kind of items like that so if I'm say if I'm out in the field and I take on me somebody up the prison which property anything like that that could be evidence any case and I just leave it without having the proper chain of command have it or in possession of who it's supposed to go to the security forces OS fire and some of that and I just abandon it and don't have someone of authority watching over and staying with it maintaining it what about destruction of property other than government property I guess that would be a lot of memorizing article 109 8 deals with male matter wrongful taking opening etc any person who wrongfully takes open secretes destroys or steals mail before the mail is delivered to or received by the addressee what about leaving the scene of an accident so my first thought for that would be if I'm in a motor vehicle accident and it's like hit-and-run and I leave or if the other person is military member and they leave so you're not there to make the police report to make sure there's any information on insurance exchanges things like that what is drunkenness underneath when you drink before duty you know you have your eight hours of duty in every fixin up call before you get to work wrongful use possession and distribution etc of controlled substances obviously you don't want people doing drugs obviously because one Eric's mission what is the drunk or reckless operation of a vehicle aircraft or vessel Bradon any of them while intoxicated by anything communicating a threat telling somebody that you're going to farm them in some way with cheaper form riots and breach of peace so I guess an example of that would be like there's an opportunity Marcus what is provoking speech or gestures anything chains to get something that's bad wrongful broadcast or distribution of intimate visual images is basically revenge porn it's taking intimate images of another person and either publishing them on the internet or sharing them with people without the other person's permission death or injury of an unborn child so first thing that comes to my mind if a woman's pregnant she's physically assaulted and you're the one that did this all and it results in a miscarriage there's some kind of loss of life in the child that's what I think of and then what is child endangerment we already talked a little bit about endangerment but there's a specific one for child in danger the caretaker primary caregiver and you put that child in danger does that to be the parent can be any kind of caregiver just putting a child in harm's way okay can you give me a definition of rape yeah so rape is facts about consent okay what about depositing obscene materials in the mail putting bad things and someone's mailbox okay what about rape or sexual assault of a child so that is um sex with somebody that is under the age of 16 because they cannot consent what about indecent recording or indecent broadcasting I'm photographing someone naked or having fixed without their permission what about forcible pandering that is four things I want to be a prostitute okay and then what is indecent exposure flashing someone thank you what is what is robbery article 122 a is receiving stolen property any person who wrongfully receives thieves or concealed stolen property this use of a government computer is when you use a government computer to access classified information or information that you don't have permission to access or when you use a computer in order to share Act information that you do have access but don't have permission to share article 123 a making drawing or uttering a check draft or order without sufficient funds any person who for the procurement of any article or thing of value with intent to defraud or for the payment of any past due obligation or for any other purpose with intent to deceive 124 is about frauds against the United States don't knowingly make false or fraudulent claims against the United States what is kidnapping stealing somebody okay what is it's torsion I think it's like blackmail it's a lot like what is burglary stealing things what is retaliation so that's like if you were to report somebody for something and they were like a supervisor they retaliate against you what do you know about conduct unbecoming an officer contact on becoming an officer so basically any conduct that I would do that would be considered they're not of an officer's conduct or not gentlemanlike is basically pure you know insubordinate or you're lying cheating stealing that's basically a charge that you would get for not being what an ideal officers performance should be have the last of the punitive articles is article 134 it is a general article that prohibits any behavior that is to the prejudice of good order and discipline or is likely to bring discredit upon the Armed Forces the manual for courts-martial provides several examples for violations including child pornography threaten ization animal abuse extramarital sexual conduct or drunken and disorderly conduct however any civilian crime can be treated as a military crime so long as it meets this additional element that it is likely to bring discredit upon the United States Armed Forces or that it is to the prejudice of good order and discipline article 138 provides a way for members to submit formal complaints any member who submits a complaint to their commander may file a complaint under article 138 if their commander fails to resolve the complaint the member may complain to any superior commissioned officer and the complaint will be forwarded to the general court-martial convening authority typically at least a to start commander the convening authority must then examine and take proper measures to address the members complaint the convening authority must then forward a copy of the complaint to the Secretary of the Air Force article 139 allows any person military or otherwise to make a complaint to a commander alleging that a military member damaged or stole their property the commander may convene a board to investigate the complaint this board is authorized to assess damages if applicable any damages approved by the commander are charged to the offending military member if you're here today it's because you're either new to the Air Force or you're recommitting yourself to serve another enlistment well today marks a new beginning in your time in the middle it's important to understand that whether through discharge dismissal or retirement your time in the uniform will eventually come to an end for more on discharges and service characterizations let's go to captain Warren oh hi I didn't see you there Thank You sergeant wood for your lovely introduction so discharge has come in one of two major varieties depending on how the decision for discharge was reached the first of which is court martials so discharges awarded as a part of a sentence of court-martial are called punitive discharges a bad conduct discharge may be sentenced by a general court-martial or by a special court-martial while a dishonorable discharge may only be a part of a sentence at a general court-martial bad conduct discharge --is are considered less severe than dishonorable discharges apart from the death sentence a dishonorable discharge and it's considered the most severe punishment available at a court-martial while officers cannot be discharged they can be dismissed a dismiss a dismissal is equivalent to a dishonorable discharge and applies only to commissioned officers commissioned warrant officers cadets and Midshipmen and may be a judge only by a general court-martial so not all discharges come as a part of a court-martial sentence there are other types of administrative separations which are the type of separation you and I would most likely receive and for example when you reach the end of your enlistment or the end of your Commission commitment you would likely receive an honorable service characterization but there are other types of involuntary administra administrative separations such as minor disciplinary infractions those that have a medical basis for some type of a personality disorder or mental health disorder and failure to advance in training training and fraudulent and lyft's mints so as with punitive discharges administrative discharges are divided into several categories based upon the characterization of the member service an honorable service characterization is the most common an honorable characterization is available when the quality of the airman service generally has met for standards of acceptable conduct and performance of duty a general or under other than honorable service characterization is warranted when an airman service has been honest and faithful but significant significant negative aspects of the Airman's conduct or performance of duty outweigh positive aspects of the Airman's military record and under other than honorable conditions discharge is given when the reason for separation is based on a pattern of behavior or one or more acts or emissions that constitute a significant departure from the conduct expected of airmen an entry-level separation is given to airmen who have served less than 180 days of continuous active military service if someone is discharged during this period there's no characterization of service service characterizations are important because they determine benefits eligibility at the end of your service while separating with an honorable service characterization entitled service members to all benefits from the Department of Veterans Affairs many benefits including the post 9/11 GI bill education benefits become unavailable with lesser service characterizations federal law requires that certain benefits will be denied in the event you fail to complete two years of service there are exceptions for those who separate with hardship discharges or disability discharges and this does not apply to insurance education or employment benefits all right we have a paralegals here who are going to discuss the remaining articles and major Hines is going to wrap it up with a discussion of article 120 if you want to hang around we put some bloopers at the end thanks article 83 malingering anyone who feigns illness or intentionally harms himself to avoid work article 85 desertion anyone who remains absent from their place of work with the intent to remain away permanently article 86 absence without leave also known as AWOL when a member fails to go goes from that place or absences themselves from their appointment place of duty article 87 alpha resistance flight breach of arrest and escape any person who resists or fleas apprehension break arrest or escapes from custody article 88 contempt Hort officials any commissioned officer who uses contempt contemptuous words against the President Vice President Congress or other designated officials article 89 disrespecting or assaulting a superior commissioned officer any person who behaves with just disrespect toward or strikes their superior commissioned officer article 91 any warrant officer or enlisted member who assaults willfully dispo disobeys a lawful order or is a disrespectful towards a Warrant Officer NCO or petty officer article 95 offenses by a sentinel or look out any sentinel who is drunk on post sleeps on post leaves post without proper authorization who wrongfully loiters on post article 97 unlawful detention article 99 misbehavior before the enemy article 100 subordinate compelling surrender any person who compels or attempts to compel the commander to give up to an enemy or to abandon it or who strikes the colors of the flag of the enemy without proper authority article 102 forcing a safeguard applicable to anyone who forces a safe guard a safe guard is a protection of enemy possessions or persons conducted by our own forces article 103 spies any person who is found lurking as a spy or acting as a spy and in or about any place article 104 a fraudulent enlistment any person who knowingly false representation for deliberate concealment as to his qualifications for the enlistment article 104 be unlawful enlistment appointment or separation article 105 forgery any person who with an intent to defraud falsely makes or alters any signature or document article 106 impersonation of officer noncommissioned officer or agent or official article 107 false official statements false swearing article 110 and properly hazarding a vessel or aircraft article 112 any person who is drunk incapacitated on duty due to drugs and alcohol article 112 a any person who uses makes distributes it controlled substance article 114 endangerment offences any person who engages in conduct that is wrongful and reckless and is likely to produce death or grievous bodily harm article 118 murder premeditated killing of a human being article 119 manslaughter the killing of a human being in the heat of the moment article 121 larceny and wrongful appropriation stealing or borrowing without permission and then article 121 a fraudulent use of credit cards debit cards and other access devices article 121 be false pretenses to attain services any person who with intent to defraud knowingly uses false pretenses to obtain services article 124 a robbery any person who uses their official position to wrongfully ask for accept or receive anything of value in exchange for official actions or any person who wrongfully promises offers or gives a thing of value to a person in an official position in exchange for influencing their official actions 124 be graffed any person in an official position who wrongfully asked for accepts or receives compensation for performance of their official duties or any person who wrongfully promises offers or gives compensation to a person for performance of their official duties article 126 arson starting a fire to someone's property or structure knowing they're inside or setting a fire with the intent to defraud article 128 assault attempting offering or doing bodily harm to someone or 128 a maiming any person who intentionally and seriously disfigures another person or destroys or disables any organ of another person eirick 128 be domestic violence abusing or intimidating your spouse intimate partner or immediate family member or 129 burglary breaking and entering with the intent to commit a crime article 130 stalking is when a person commits a repeated behavior that places another person in fear article 131 perjury lying under oath article 131 a sovereign nation of perjury persuading a person to lie under oath article 131 be obstructing justice someone who correctly attempts to obstruct the proper administration of the law article 131 see miss prison of a serious offense the accused having knowledge of the crime and not revealing it to the proper authorities article 131 D wrongful refusal to testify a service member who refuses to testify in the presence of an official of the court article 131 e prevention of authorized seizure of property someone who disposes of property to prevent the seizure article 131 F non-compliance with procedural rules a person who causes unnecessary delays in a case article 131 G wrongful interference with adverse administrative proceedings a person who interferes with an administrative proceeding and now on the major Hynes for article 120 UCMJ has gone through several major evolutions in the past few decades and nowhere is this more evident than in its treatment of sexual misconduct from expanding the definitions of sexual assault and rape to eliminating prohibitions on sodomy the UCMJ has adapted as society's understanding of sexual misconduct improves articles 117 a and 120 through 120 see each prohibits some form of sexual misconduct additionally some article 134 offenses such as child pornography address sexual misconduct the act committed against a victim or the egregious 'no seven offence may change whether it's called rape or sexual assault or abuse of sexual conduct but ultimately each of these offences boils down to one thing consent or rather a lack of the victims consent consent is a mutual agreement to a course of action by all parties involved an unconscious person is unable to give consent a child under the age of 16 is not able to give consent to sexual conduct consent is not established by a history of sexual conduct or a reputation for sexual promiscuity or by persons clothing a dating relationship or even marriage does not equal consent consent cannot be coerced if a person feels that they or another person are at risk of injury or death they are not able to give consent if a person has been drugged or it's too intoxicated to make a sound decision then they are not able to give consent consent can be revoked at any time that's it for our coverage if you'd like to know more about any of the subjects covered today they'll be an attorney or paralegal from to answer any questions that you may have please have your appointment letter ready for signature thanks and have a great airforce day back three to one in roller no under certain snow escapes mmm certain circumstances I'm pausing and I'm starting over male or is not I'm starting over you need to the millage starting over sorry GMO fraud mmm sentence is starting over that is [Music] what is burglary sir Berkeley Berg builder recently either sorry I'm like getting tripped up I look terrible and requires that there be a reasonable [Music] that's right struggle to keep ice what is maiming I'm only thinking of a line see you next time a wanton disregard of human life