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181-101-2023 (SL2) - Enforce the Uniform Code of Military Justice (UCMJ)

Standards: Understood that disciplinary action against a soldier for misconduct was a command responsibility. Understood the military justice system, including the Uniform Code of Military Justice (UCMJ) and the disciplinary options available to a commander. Identified potential violations of the UCMJ and expeditiously reported them to the appropriate authorities for investigation and processing.

Conditions:
You are a noncommissioned officer (NCO) in a
leadership position in the U.S. Army. You are
responsible for understanding that
disciplinary action against a soldier for
misconduct is a command responsibility. You
are responsible for understanding the military
justice system, including the Uniform Code of
Military Justice (UCMJ) and disciplinary
options available to a commander. You are
responsible for identifying potential
violations of the UCMJ and expeditiously
reporting them to the appropriate authorities
for investigation and processing.

Standards:
Understood that disciplinary action against a
soldier for misconduct was a command
responsibility. Understood the military
justice system, including the Uniform Code of
Military Justice (UCMJ) and the disciplinary
options available to a commander. Identified
potential violations of the UCMJ and
expeditiously reported them to the appropriate
authorities for investigation and processing.

Performance
Steps

1.   Describe how disciplinary action against a soldier
is a command responsibility.

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

3.   Describe a soldier’s responsibility to identify
potential or actual violations of the
Uniform Code of Military Justice (UCMJ)
and expeditiously report these
violations to the appropriate
authorities for investigation and
processing.

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 Division (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
would wish to use nonpunitive or
administrative disciplinary measures
rather than impose nonjudicial
punishment or proceed to
court-martial.

(3) 
Describe how an NCO
leader may be involved in the
imposition of nonpunitive or
administrative disciplinary measures
(such as counseling or corrective
training) to a subordinate soldier.

c.
Describe how a commander
can use nonjudicial punishment.

(1) 
Define nonjudicial
punishment.

(2) 
List the different types
of nonjudicial punishment.

(3) 
Describe nonjudicial
punishment procedures.

(4) 
Describe a soldier’s
legal rights during nonjudicial
punishment procedures.

(5) 
List the maximum
punishment available under
nonjudicial punishment.

(6) 
Describe a soldier’s
appellate rights under nonjudicial
punishment.

d.
Describe how a commander
can use judicial punishment.

(1) 
Define judicial
punishment.

(2) 
List the different types
of court-martial in the military
justice system.

(3) 
Describe judicial or
court-martial procedures.

(4) 
Describe a soldier’s
legal rights during judicial or
court-martial punishment.

(5) 
List the maximum
punishment available under judicial
or court-martial punishment.

(6) 
Describe a soldier’s
appellate rights under judicial or
court-martial 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 or her 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 the permissibility of a commander
discussing and gaining input from an NCO
leader regarding which disciplinary
option to pursue against a subordinate
soldier within the unit.

8.   Describe the authority of an NCO to issue a lawful
order to a subordinate soldier.

a.
Describe the duty of a
subordinate soldier to follow this
order.

b.
Describe the potential
adverse ramifications for a soldier
violating this order.

c.
Describe the elements and
maximum punishment available under
Article 91, UCMJ.

Evaluation
Preparation:

Setup:
Evaluate this task at the end of military
justice training.

Brief
Soldier:
Tell the soldier that he will be
evaluated on his ability to understand that
disciplinary action against a soldier for
misconduct is a command responsibility. Tell
the soldier that he will also be evaluated on
his ability to understand the military justice
system, including the UCMJ; the disciplinary
options available to a commander; and the
ability to identify potential violations of
the UCMJ and expeditiously report them to the
appropriate authorities for investigation and
processing.

Performance
Measures

GO

NO
GO

1.   Described how disciplinary action against a soldier
is a command responsibility.





2.   Identified who has authority to take disciplinary
action against a soldier for misconduct.





3.   Described a soldier’s responsibility to identify
potential or actual violations of the
UCMJ and expeditiously report these
violations to the appropriate
authorities for investigation and
processing.





4.   Described a commander’s responsibility to conduct a
preliminary investigation into
misconduct allegedly committed by a
soldier under his or her command.





a.
Described the basis and
procedures of a commander’s inquiry.

 


 


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

 


 


c.
Described
the requirement for the military
police or CID to conduct a criminal
investigation.

 


 


5.   Listed disciplinary options available to the
commander.





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

 


 


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

 


 


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

 


 


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

 


 


(3) 
Described how an NCO
leader may be involved in the
imposition of nonpunitive or
administrative disciplinary
measures, such as counseling or
corrective training, to a
subordinate soldier.

 


 


c.
Described
how a commander can use nonjudicial
punishment.

 


 


(1) 
Defined nonjudicial
punishment.

 


 


(2) 
Listed the different
types of nonjudicial punishment.

 


 


(3) 
Described nonjudicial
punishment procedures.

 


 


(4) 
Described a soldier’s
legal rights during nonjudicial
punishment procedures.

 


 


(5) 
Listed the maximum
punishment available under
nonjudicial punishment.

 


 


(6) 
Described a soldier’s
appellate rights under nonjudicial
punishment.

  

 


d.
Described
how a commander can use judicial
punishment.

 


 


(1) 
Defined judicial
punishment.

 


 


(2) 
Listed the different
types of court-martial in the
military justice system.

 


 


(3) 
Described judicial or
court-martial procedures.

 


 


(4) 
Described a soldier’s
legal rights during judicial or
court-martial punishment.

 


 


(5) 
Listed the maximum
punishment available under judicial
or court-martial punishment.

 


 


(6) 
Described a soldier’s
appellate rights under judicial or
court-martial punishment.

 


 


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





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

 


 


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

 


 


c.
Described
whether a commander should consider
the needs of the Service and the
probable effect of his or her decision
on the command and the military
community.

 


 


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

 


 


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

 


 


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

 


 


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

 


 


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

 


 


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

 


 


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

 


 


7.   Described the permissibility of a commander
discussing and gaining input from an NCO
leader regarding which disciplinary
option to pursue against a subordinate
soldier within the unit.





8.   Described the authority of an NCO to issue a lawful
order to a subordinate soldier.





a.
Described the duty of a
subordinate soldier to follow this
order.

 


 


b.
Described
the potential adverse ramifications
for a soldier violating this order.

 


 


c.
Described
the elements and maximum punishments
available under Article 91, UCMJ.

 


 


Evaluation
Guidance:
Score the soldier GO if all
performance measures are passed. Score the
soldier NO GO if any performance measure is
failed. If the soldier scores NO GO, show him
what was done wrong and how to do it
correctly.


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