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Uniform Code of Military Justice

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Uniform Code of Military Justice Empty Uniform Code of Military Justice

Post  Admin Fri Oct 28, 2011 11:54 pm

Uniform Code of Military Justice 1stRB
Uniform Code of Military Justice Confidentialstamp-1

[size=14pt]1st Ranger Battalion
Uniform Code of Military Justice[/size]

[size=14pt]Chapter 1. General Provisions[/size]
Article 1. Persons subject to this code

(a) The following persons are subject to this code:

(1) Members of the regular component of this unit, including those awaiting discharge; volunteers from the time of their acceptance into the unit.

(2) Members of a reserve component while on inactive-duty training.

(b) The voluntary enlistment of any person who has the capacity to understand the significance of enlisting in this unit shall be valid for purposes of jurisdiction under subsection (a) and change of status from civilian to member of this unit shall be effective upon the acceptance of their application.

Article 2. Jurisdiction

(a) Subject to Article 1, no person charged with having committed, while in a status in which he was subject to this chapter, an offense against this chapter, punishable by discharge, may be subject to trial by court-martial for the determination of said discharge.

(b) Each person discharged from this unit who is later charged with having fraudulently obtained his discharge is, subject to Article 1, will be recommended for a category Dishonorable Discharge, as voted upon in a regular meeting of Command Staff.

(c) No person who has deserted from this unit may be reinstated at their previous rank and privilege.

(d) A member of the reserve component who is subject to this chapter is not relieved from jurisdiction of this chapter for an offense against this chapter committed during such period of active duty or inactive-duty training.

Article 3. Dismissed Officer's Rights

(a) If any commissioned office resigned of his own free will and accord, makes a written application for reinstatement, setting forth that the conditions in which caused his resignation to be absent, the Commanding Officer, as soon as practicable, shall convene a general Command Staff meeting to hear the conditions on which the officer was dismissed and determine if reinstatement is in the best interest of the unit. This meeting may fully reinstate said officer, partially, or at a reduced paygrade.

(b) If the the Commanding Officer does not approve, he has the right to deny any reinstatement.

(c) If an officer is discharged by administrative or punitive action, he has no right to trial under this article.

Article 4. Territorial Applicability of Rights

(a) This chapter applies in all places.

(1) This includes, but is not limited to, forums, site, server, steam, or any instant messaging program.

[size=14pt]Chapter 2. Non-Judicial Punishment[/size]
Article 1. Commanding Officer's Non-Judicial Punishment

(a) Under such regulations as the Commanding Officer may prescribe, and under such additional regulations as may be prescribed by the Company First Sergeant or Platoon Leader concerned, limitations may be placed on the powers granted by this article with respect to the kind and amount of punishment authorized, the applicability of this article to an accused who demands trial by court-martial, and the kinds of courts-martial to which the case may be referred upon such a demand.

(b) Subject to subsection (a) the Commanding Officer, First Sergeant, or Platoon Leader may, in addition to or in lieu of admonition or reprimand, impose one or more of the following disciplinary punishments for minor offenses without the intervention of a court-martial--

(1) upon officers of his command -

(A) general physical training including up-downs, bazooka laps, or any form thereof;

(B) forfeiture of admin for no more than 30 consecutive days;

Article 2. Platoon Leadership Non-Judicial Punishment

(a) Any officer or senior non-commissioned officer may impose upon enlisted members assigned to the unit of which he is in charge such of the punishment authorized under Chapter 2, Article (a)(1)(A)-(B) as the First Sergeant concerned may specifically prescribe by regulation.

(b) The officer who imposes the punishment authorized in subsection (a), or his successor in command, may, at any time, suspend probationally any part or amount of the unexecuted punishment imposed.

(c) A person punished under this article who considers his punishment unjust or disproportionate to the offense may, through proper channels, appeal to the next superior authority. The appeal shall be promptly forwarded and decided, but the person punished may in the meantime be required to undergo the punishment assigned. The superior authority may exercise the same powers with respect to punishment imposed as may be exercised under subsection (d) by the officer who imposed the punishment.

(1) Should the next higher authority deem the appeal reasonable, the person assigned punishment shall be rewarded with 1 week of free weapon's pass for every 20 units of punishment. Should the assigned punishment equate to, or less than, 20 units of punishment, the punishment shall be expunged from personnel records and reflect no punishment issued.

[size=14pt]Chapter 3. Types of Discharge[/size]
Article 1. General Information

The three types of discharge are as follows:

(1) Honorable Discharge, consisting of;

(A) Retired tag
(B) May re-join at any time, and be reinstated as Private First Class.

(2) General Discharge, consisting of;

(A) No special rights or benefits
(B) May re-join after 30 days, subject to a hearing by Command Staff.

(3) Dishonorable Discharge, consisting of;

(A) Banned from site and server
(B) May never rejoin.

[size=14pt]Chapter 4. Punitive Articles[/size]
Article 1. Principals

Any person punishable under this chapter who--

(1) commits an offense punishable by this chapter, or aids, abets, counsels, commands, or procures its commission or

(2) causes an act to be done which if directly performed by him would be punishable by this chapter, is a principal.

Article 2. Accessory after the fact

Any person subject to this chapter who, knowing that an offense punishable by this chapter has been committed, receives, comforts, or assists the offender in order to hinder or prevent his apprehension, trial, or punishment shall be punished as the First Sergeant may direct.

Article 3. Attempts

(a) An act, done with specific intent to commit an offense under this chapter, amounting to more than mere preparation and tending, even though failing, to effect its commission, is an attempt to commit that offense.

(b) Any person subject to this chapter who attempts to commit any offense punishable by this chapter shall be punished as the First Sergeant may direct.

Article 4. Conspiracy

Any person subject to this chapter who conspires with any other person to commit an offense under this chapter shall, if one or more of the conspirators does an act to effect the object of the conspiracy, be punished as the First Sergeant may direct.

Article 5. Solicitation

(a) Any person subject to this chapter who solicits or advises another shall, if the offense solicited or advised is attempted or committed, be punished with the punishment provided for the commission of the offense, but, if the offense solicited or advised is not committed or attempted, he shall be punished as the First Sergeant may direct.

(b) Any person subject to this chapter who solicits or advises another or others to commit an act or misbehavior before another unit, shall be punished twice as the original punishment for the offense dictates. If the offense is not committed or attempted, he shall be punished as the First Sergeant may direct.

Article 6. Fraudulent Enlistment or Separation

Any person who--

(1) procures his own enlistment or separation in this unit by knowingly false representation or deliberate concealment as to his credentials for the enlistment and receives acceptance thereunder; or

(2) procures his separation from the unit by knowingly false representation or deliberate concealment as to his eligibility for that separation;

shall be punished by a category Dishonorable Discharge

Article 7. Desertion

(a) Any member of this unit who--

(1) without authority goes or remains absent from his unit with intent to remain away therefrom permanently;

(2) without being regularly separated from this unit, and enlists or accepts an appointment in another without fully disclosing the fact that he has not been regularly separated;

is guilty of desertion.

(b) Any commissioned or non-commissioned officer of this unit who, after tender of his resignation and before notice of its acceptance, quits his post or proper duties without leave and with intent to remain away therefrom permanently is guilty of desertion.

(c) Any person found guilty of desertion or attempt to desert shall be punished by category Dishonorable Discharge.

Article 8. Absent Without Leave

Any member of this unit who, without authority--

(1) fails to report for duty at the time prescribed;

(2) absents himself or remains absent from his unit at which he is required to be at the time prescribed;

shall be punished with one demerit for each infraction. For every week of being deemed AWOL, one demerit shall be added to personnel record.

Article 9. Contempt towards Commissioned Officer

Any person subject to this chapter who behaves with disrespect toward his superior commissioned officer shall be punished by a category Dishonorable Discharge.

Article 10. Contempt towards Non-Commissioned Officer

Any person subject to this chapter who--

(1) willfully disobeys a lawful command of his superior non-commissioned officer;

shall be punished with one demerit for each infraction.

Article 11. Insubordination

Any person subject to this chapter who--

(1) willfully impedes his superior commissioned, non-commissioned officer, or enlisted man while that officer is in the execution of his office;

shall be punished with one demerit for each infraction.

Article 12. Failure to obey order or regulation

Any person subject to this chapter who--

(1) violates or fails to obey any lawful order or regulation;

(2) having knowledge of any other lawful order issued by any member of the unit, which it is his duty to obey, fails to obey the order; or

(3) is derelict in the performance of his duties;

shall be punished with one demerit for each infraction.

Article 13. Cruelty and Maltreatment

Any person subject to this chapter who is guilty of cruelty toward, or oppression or maltreatment of, any person subject to his orders shall be punished under conduct unbecoming of a member of this unit and subject to a hearing by the Company First Sergeant.

Article 14. Mutiny or Sedition

(a) Any person subject to this chapter who--

(1) with intent to usurp or override lawful authority, refuses, in connection with any other person, to obey orders or otherwise do his duty or creates any disturbance is guilty of mutiny;

(2) with intent to cause the overthrow or destruction of lawful authority, creates, in connection with any other person, or disturbance against that authority is guilty of sedition;

(3) fails to do his utmost to prevent and suppress a mutiny or sedition being committed in his presence, or fails to take all reasonable means to inform his superior commissioned officer or commanding officer of a mutiny or sedition which he knows or has reason to believe is taking place, is guilty of a failure to suppress or report a mutiny or sedition.

(b) A person who is found guilty of attempted mutiny, mutiny, sedition, or failure to suppress or report a mutiny or sedition shall be punished by category Dishonorable Discharge.

Article 15. Spying/Espionage

(a) Any person who is found as a spy or acting as a spy in or about any place within the control or jurisdiction of this unit shall be permanently banned.

(b)If said person is a member of this unit, they shall be guilty of Espionage and punished by category Dishonorable Discharge.

Article 16. False Statements

Any person subject to this chapter who, with intent to deceive, makes any false official statement knowing it to be false, shall be punished with one demerit for each infraction and subject to a hearing by the Company First Sergeant.

Article 17. Malingering

Any person subject to this chapter who for the purpose of avoiding drill, duty, or service--

(1) feigns illness, physical disablement, mental lapse or derangement; or

(2) intentionally inflects self-injury;

shall be punished by up to and including removal of duty, demotion to lesser grade, category General Discharge, or any combination thereof.

Article 18. Prejury

Any person subject to this chapter who in a judicial proceeding or in a course of justice willfully and corruptly--

(1) upon a lawful oath or in a form allowed by law to be substituted for an oath, gives any false testimony material to the issue or matter of inquiry; or

(2) in any declaration, certificate, verification, or statement under penalty or perjury subscribes any false statement material to the issue or matter of inquiry;

is guilty of perjury and shall be punished by category Dishonorable Discharge.

Article 19. General Article

Though not specifically mentioned in this chapter, all disorders and neglects to the prejudice of good order and discipline in this unit, all conduct of a nature to bring discredit upon the unit, and crimes and offenses not capital, of which persons subject to this chapter may be guilty, shall be taken recognition of by a general court-martial, according to the nature and degree of the offense, and shall be punished at the discretion of the Company First Sergeant.

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