Military Counseling: Military “Justice”

Uniform Code of Military Justice (UCMJ)

The UCMJ, Uniform Code of Military Justice, Articles 77 through 134, lists the military's crimes and the maximum punishments for each offense. For example: Article 86 says that the maximum punishment for an Unauthorized Absence of:

• Less than three days is 1 month confinement and forfeiture of 2/3 pay for 1 month.
• 3 to 30 days is 6 months confinement and forfeiture of 2/3 pay for 6 months.
• Over 30 days is Dishonorable Discharge, 1 year confinement and forfeiture.

Non-Judicial Punishment, NJP, (called “Captains Mast” in the Navy, “Office Hours” in the USMC, “Article 15” in Army & Air Force.) Many GIs admit guilt and agree to accept NJP from the commanding officer trying to avoid the more severe punishments of a court martial. Appeals to the CO's commander that the punishment was too harsh are possible but rarely succeed.

In the Navy you can be put on “bread & water” for 3 days. Otherwise the maximum punishment depends on the commander's rank. Most of the time it's:

• “Correctional custody” for up to 7 days, (30 days if CO is O-4 and above)
• Forfeiture of up to 7 days pay, (1/2 pay up to 2 months if ...“...)
• Extra duty for up to 14 days, (45 days if ...”...)
• Restriction for up to 14 days. (60 days if ...”...)
• Reduction in pay grade depending on ranks of GI and commander.

Types of Military Courts-Martial

• Summary CM Judged by one commissioned officer, no lawyers needed. Maximum Punishments:

  • Confinement for up to 30 days
  • Hard labor without confinement for up to 45 days
  • Restriction for up to 45 days
  • Forfeiture of 2/3 pay for up to 1 month
  • Reduction in grade to E-1
  • *E-4 & up: NO labor/confinement, reduction of only one pay grade.

• Special CM Military judge alone, 3 members or judge and 3 members (2/3 to convict). Maximum Punishments:

  • Confinement for up to 1 year or
  • Hard labor without confinement for up to 3 months
  • Forfeiture of 2/3 pay for up to 1 year
  • Reduction in pay grade
  • Bad Conduct Discharge (BCD)
  • If no Judge, lawyers or record kept: confinement & forfeiture up to 6 months, no BCD.

• General CM Military judge or five members and a military judge. Maximum Punishments: anything

Appeals

The “Convening Authority” who ordered the court martial, reviews and approves or modifies the CM decision. Sometimes the case is reviewed by Judge Advocate or appealed to the service’s Court of Criminal Appeals and the Court of Appeals for Armed Forces.