181-101-1013 (SL1) - Comply With the Uniform Code of Military Justice (UCMJ)
Standards: The soldier identified, understood, and complied with the provisions of the U.S. Army's military justice system, including UCMJ. He understood the potential ramifications for violating the UCMJ, the commander's disciplinary options, and his legal rights in these proceedings.

1.   Define military justice.

2.   Describe the military justice system.

a. Describe the purpose of the military justice system.

b. Describe the similarities and differences between the military justice system and the American civil legal system.

c. Describe the UCMJ and identify to whom it applies.

3.   Identify who has authority to take disciplinary action against a soldier for misconduct.

4.   Describe a commander's responsibility to conduct a preliminary investigation into misconduct allegedly committed by a soldier under his command.

a. Describe the basis and procedures of a commander's inquiry.

b. Describe the basis and procedures of an AR 15-6 investigation.

c. Describe the requirement for the military police or Criminal Investigation Command (CID) to conduct a criminal investigation.

5.   List the disciplinary options available to the commander.

a. Describe how a commander can take no action at all or close a case.

b. Describe how a commander can use administrative or nonpunitive measures.

(1)  List administrative or nonpunitive disciplinary measures available to a commander.

(2)  Describe why a commander may wish to use nonpunitive or administrative disciplinary measures rather than impose nonjudicial punishment or proceed to court-martial.

c. Define nonjudicial punishment and how a commander can use nonjudicial punishment.

d. Define judicial punishment and how a commander can use judicial punishment.

6.   List factors a commander should consider when determining what disciplinary option to pursue.

a. Describe whether a commander should consider the character and military service of the accused.

b. Describe whether a commander should consider the nature and circumstances of the offense and the extent of the harm caused.

c. Describe whether a commander should consider the needs of the service and the probable effect of his decision on the command and the military community.

d. Describe whether a commander should consider the disposition of similar offenses in the past and the general disciplinary trends within the command.

e. Describe whether a commander should consider the appropriateness of the authorized punishment to the particular accused and offense.

f.  Describe whether a commander should determine whether he has jurisdiction over the accused and the offense.

g. Describe whether a commander should consider the availability and admissibility of evidence against the accused.

h. Describe whether a commander should consider the cooperation of the accused in the apprehension or conviction of others.

i.   Describe whether a commander should consider the possible improper motives of the accuser.

j.   Describe whether a commander should consider that the victim or others are reluctant to testify.

7.   Describe nonpunitive or administrative disciplinary actions.

a. Define an admonition or reprimand.

(1)  Describe the purposes of an admonition or reprimand.

(2)  Describe whether an admonition or reprimand may be in writing, orally, or both.

(3)  Describe the soldier's legal rights in regards to an admonition or reprimand.

(4)  Describe the commander's filing determination for a written admonition or reprimand.

(5)  Describe whether an administrative admonition or reprimand is punitive.

b. Define counseling of a soldier.

(1)  Describe the purpose for counseling.

(2)  Describe whether counseling may be written, oral, or both.

(3)  Describe the soldier's rights during counseling.

(4)  Describe where a commander may file a written counseling statement.

c. Define withholding a soldier's privileges as an administrative disciplinary action.

(1)  Describe the purpose for withholding privileges.

(2)  Describe what privileges may be withheld and under what circumstances.

d. Define extra duty as an administrative disciplinary action.

(1)  Describe the purpose of extra duty.

(2)  Describe what forms or methods of extra duty may be imposed and under what circumstances.

(3)  Describe the requirement that extra duty be tailored to address training deficiency, not used as punishment.

e. Define administrative separations.

(1)  List administrative separations available under AR 635-200.

(2)  Describe the purposes for an administrative separation action.

(3)  Describe the procedures for an administrative separation action.

(4)  Describe the circumstances under which a soldier is entitled to an administrative separation board.

(a)   Describe the composition of an administrative separation board.

(b)   Describe the duties and responsibilities of an administrative separation board.

(5)  Describe a soldier's right to legal counsel for consultation and/or representation during an administrative separation action.

(6)  Describe the types of discharges a soldier may receive from an administrative separation action.

(7)  Identify the approval authority for an administrative separation action.

8.   Describe nonjudicial, or Article 15, punishment.

a. List who may impose nonjudicial or Article 15 punishment.

(1)  Define who constitutes a "commander".

(2)  Describe a superior commander's authority to withhold nonjudicial or Article 15 authority over specific offenses or persons.

(3)  Describe the prohibition against a superior commander directing a subordinate commander to take action under Article 15 or dictating to the subordinate commander the type or quantity of punishment to be administered under Article 15.

b. Describe the circumstances under which a commander may wish to impose nonjudicial or Article 15 punishment.

c. Describe the advantages of disposing of offenses by imposing nonjudicial or Article 15 punishment.

d.  Describe offenses for which a Commander may impose nonjudicial or Article 15 punishment.

e. Define a "minor" offense under the UCMJ.

f.  Define a "summarized" Article 15 and a "formal" Article 15.

g. List the procedures and maximum punishment that may be imposed by a summarized Article 15.

h. Define a "company grade" Article 15 and a "field grade" Article 15.

i.   Describe an accused soldier's legal rights under nonjudicial or Article 15 punishment, including the right to consultation or representation by a defense counsel.

j.   Describe a soldier's right to turn down an Article 15 and demand trial by court-martial and the time period in which the soldier must make that decision.

k. Describe the procedures of a nonjudicial or Article 15 hearing.

l.   Describe the “standard of proof” required when imposing nonjudicial or Article 15 punishment.

m.   Describe the maximum punishments that may be imposed by a company grade or field grade Article 15.

n. Describe a soldier's appellate rights subsequent to an Article 15 action.

(1)  Describe who serves as the appellate authority.

(2)  Describe the time period to act on an appeal.

(3)  Describe the actions that the appellate authority may take.

9.   Define "preferral" of court-martial charges.

a. Identify who may prefer a court-martial charge.

b. Describe the requirement and procedures typically used to notify the accused of the charges as soon as possible after preferral.

10. Define "pretrial restraint" of a soldier.

a. Define the purposes of pretrial restraint.

b. List the types of restraint.

(1)  Define apprehension and its purpose.

(a)   List who is authorized to apprehend persons subject to the UCMJ.

(b)   List the factors that must be present and later articulated in order to properly apprehend a person subject to the UCMJ.

(2)  Define conditions on liberty and its purpose.

(3)  Define restriction, its purpose, and whether a soldier may be required to perform military duties while on restriction.

(4) Define arrest, its purpose, and the differences between arrest and restriction.

(5)  Define confinement and its purpose.

(a)   Define the factors that must exist in order to properly place a soldier in pretrial confinement.

(b)   Identify who has the authority to place a soldier in pretrial confinement.

(c)   Describe the review and approval procedures for pretrial confinement.

11. Define "referral" of court-martial charges and identify who may refer a court-martial charge.

12. Define "convening authority" for a court-martial and identify the duties and responsibilities of a convening authority.

13. List the different levels of courts-martial.

a. Define a summary court-martial.

(1)  Identify who is the convening authority for a summary court-martial.

(2)  Describe the types of offenses that are typically handled by a summary court-martial.

(3)  Describe the types of offenses for which soldiers may be tried by a summary court-martial.

(4)  Describe whether a military judge presides at a summary court-martial.

(5)  Describe the presiding official at a summary court-martial.

(6)  Describe whether a jury or panel exists at a summary court-martial.

(7)