Naval Science 402 Leadership and Ethics

1. Naval Science 402Leadership and Ethics Lesson 17 UCMJ and Naval Regulations

2. Objectives • Familiarize yourself with the content of basic texts concerning military law: the UCMJ, the MCM, the JAGMAN, and Naval Regulations.

3. Objectives • Comprehend the purpose, scope, and constitutional basis of U.S. Navy Regulations and relate these regulations to personal conduct in the military.

4. Objectives • Comprehend the purpose, scope, and constitutional basis of the Uniform Code of Military Justice (UCMJ) and relate it to personal conduct in the military.

5. Objectives • Comprehend how the UCMJ, practice of military law, and applications of regulations may affect a junior officer's performance of his duties.

6. Navy Regulations

7. Naval Regulations • Chap 1 Statutory Authority • Chap 2 Department of the Navy • Chap 3-8 Duties of SECNAV- CO • Chap 9 Senior Officer Present Duties

8. Naval Regulations • Chap 10 Precedence, Authority and Command • Chap 11 General Regulations • Chap 12 Flags, Pennants, Honors, Ceremonies and Customs

9. Interesting Regulations • 1088 - Relief of a Commanding Officer by a Subordinate • 1111 - Pecuniary Dealings with Enlisted Personnel • 1122 - Adverse Matter in Officer FITREPS and Enlisted Performance EVALS

10. Interesting Regulations • 1140 - Capture by an Enemy • 1151 - Direct Communication with the CO • 1165 - Fraternization Prohibited • 1167 - Supremacist Activities

11. UCMJ Purpose Constitutional Basis History General Discussion

12. UCMJ Breakdown • Art 1-6 General Provisions • Art 7-14 Apprehension and Restraint • Art 15 Non-judicial Punishment • Art 16-21 Court-martial Jurisdiction

13. UCMJ Breakdown • Art 22-29 Court-martial Composition • Art 30-35 Pretrial Procedures • Art 36-54 Trial Procedures • Art 55-58 Sentences

14. UCMJ Breakdown • Art 59-76 Post-trial Procedures and Review • Art 77-134 Punitive Articles • Art 135-140 Miscellaneous Provisions • Art 141-146 Court of Military Appeals

15. MCM

16. Manual for Courts-martial • Part 1 Preamble • Part 2 Rules for Courts-Martial • Part 3 Military Rules of Evidence • Part 4 Punitive Articles • Part 5 NJP Punishment Procedure • Appendices • Constitution, UCMJ, Charge Sheet, etc

17. MCM - Punitive Articles Text Elements Explanation Lesser Included Offense Maximum Punishment Sample Specification

18. Article 92Failure to Obey Order or Regulation • Text (lawful order or regulation) • violates/fails to obey • issued an order, fails to obey • derelict in performance of duties

19. Article 92Failure to Obey Order or Regulation • Elements (ex. Dereliction) • accused had certain duties • knew, or reasonably should have known, of those duties • was (willfully, or through culpable inefficiency) derelict in their performance

20. Article 92Failure to Obey a Order or Regulation • Explanation (ex. Dereliction) • Duty - by treaty, regulation, lawful order, SOP, or custom of service • Knowledge - circumstantial evidence sufficient, just show the requirement

21. Article 92Failure to Obey a Order or Regulation • Derelict - fails to perform. “Willful” means intentional. “Negligent” means lack of due care. “Culpable” means no reasonable or just excuse • Ineptitude - not punishable if the accused just can’t do it

22. Article 92Failure to Obey Order or Regulation • Lesser included offense • Article 80 - Attempts

23. Article 92Failure to Obey Order or Regulation • Maximum Punishment (ex. Dereliction) • Through neglect or culpable inefficiency • Forfeit 2/3 Pay per month for 3 months • Confinement for 3 months

24. Article 92Failure to Obey Order or Regulation • Willful • Bad Conduct Discharge (BCD) • Forfeit ALL pay and allowances • Confinement for 6 months

25. Sample Punitive Articles • Article 86 Unauthorized Absence • Article 88 Contempt Toward Officials • Article 89 Disrespect Toward Superior Commissioned Officer

26. Sample Punitive Articles • Article 95 Resistance, Flight, Breach of Arrest, and Escape

27. Sample Punitive Articles • Article 112 Drunk on Duty • Article 134 General Article

28. JAGMAN • The Uniform Code of Military Justice (UCMJ) and the Manual for Courts-Martial (MCM), authorize "the Secretary concerned" or "the Judge Advocate General concerned“ to…

29. JAGMAN “…prescribe regulations implementing or supplementing certain provisions of the UCMJ or the MCM.”

30. JAGMAN • Some Areas Addressed Include…. • Non Punitive Measures • NJP • Courts Martial • Administrative Investigations • Complaints of Wrong • FOIA • Legal Assistance • International Law

31. Questions ?

32. Murphy’s Laws of Combat Operations One enemy soldier is never enough, but two is entirely too many.

33. Article 86Absence Without Leave • Any member…who, without authority… • (1) fails to go to appointed place of duty at the time prescribed; • (2) goes from that place; or • (3) absents himself or remains absent from…at the time prescribed; • Shall be punished as a court-martial may direct

34. Article 88Contempt Toward Officials • Any commissioned officer who uses contemptuous words against the President …Secretary of Military Department…Governor... In which he is on duty or present... • Shall be punished as a court-martial may direct

35. Article 89Disrespect Toward a 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

36. Article 95 Resistance, Flight, Breach of Arrest, and Escape • Any person subject to this chapter who… • (1) resists apprehension • (2) flees from apprehension • (3) breaks arrest; or • (4) escapes from custody or confinement • Shall be punished as a court-martial may direct

37. Article 112Drunk on Duty • Any person subject to this chapter OTHER THAN A SENTINEL OR LOOK OUT (see Article 113), who is found drunk on duty… • Shall be punished as a court-martial may direct

38. Article 134General Article • Though not specifically mentioned in this chapter, all disorders and neglects to the prejudice of good order and discipline…conduct of a nature to bring discredit…crimes and offenses not capital... • Shall be taken cognizance of by a general, special, or summary court-martial ...

39. Regulation 1088 Relief of a Commanding Officer by a Subordinate • …Conceivable…extraordinary circumstances…arrest or sicklist…requires CMC, CNP, or SOPA approval…except when the delay is impracticable • …obvious and clear... single conclusion... irretrievably prejudice the public interests… • Prerequisites...

40. Regulation 1111Pecuniary Dealings with Enlisted Personnel No officer shall borrow money or accept deposits from, or have any pecuniary dealings with an enlisted person, except as may be required in the performance of his or her duty, and except for the sale of an item of personal property which is for sale to other persons under the same conditions of guarantee and for the same consideration, and never having been the property of the Government.

41. Regulation 1122Adverse Officer FITREPS or Enlisted EVALS If adverse matter appears in a fitness report of an officer of the Navy and Marine Corps, or in a performance evaluation report of an enlisted member, E-5 and above, of the Navy and Marine Corps, or in related correspondence, ...may not be placed in the official record unless the member reported on was first afforded an opportunity to submit a written statement regarding the matter. Any statement...shall comply with the regulations prescribed by the Chief of Naval Personnel or the Commandant of the Marine Corps,...couched in temperate language and limited to pertinent facts, and shall not question or impugn the motives of another person. If the person reported on does not desire to make a statement, that person shall so state in writing.

42. Regulation 1140Capture by an Enemy A person in the naval service who is captured by the enemy is required to give his or her name, rank, service number and date of birth. In order to communicate with his or her family, as guaranteed in the Geneva Convention Relative to the Treatment of Prisoners of War, he or she may give the names and addresses of his or her parents, guardians or next of kin. …evade answering further questions...

43. Regulation 1151Direct Communication with Commanding Officer The right of any person in the naval service to communicate with the commanding officer in a proper manner, and at a proper time and place, shall not be denied or restricted. …department heads… …officers senior to the executive officer...

44. Regulation 1165Fraternization Prohibited Personal relationships between officer and enlisted members that are unduly familiar and that do not respect differences in grade or rank are prohibited. Such relationship are prejudicial to good order and discipline and violate longstanding traditions of the naval service.

45. Regulation 1167Supremacist Activities No Person In the Naval Service Shall Participate In Any Organization That Espouses Supremacist Causes; Attempts To Create Illegal Discrimination Based on Race, Creed, Color, Sex, Religion, Or National Origin ; Advocates The Use Of Force Or Violence Against The Government Of The United States Or The Government Of Any State, Territory, District, Or Possession Thereof, Or The Government Of Any Subdivision Therein; Or Otherwise Engages In Efforts To Deprive Individuals Of Their Civil Rights .