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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.

Conditions: You are a soldier in the U.S. Army. 
You are responsible for identifying,
understanding, and complying with the
provisions of the U.S. Army’s military
justice system, including the Uniform Code
of Military Justice (UCMJ). 
You must understand the ramifications
you might face for violating the UCMJ, your
commander’s disciplinary options, and your
legal rights in these proceedings.

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.

 

Performance
Steps

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) 
Describe whether an
accused is entitled to be
represented by defense counsel at
a summary court-martial.

(8) 
Describe the
requirement for a soldier to
consent to trial by summary
court-martial.

(9) 
Describe what happens
if an accused refuses trial by
summary court-martial.

(10)    Describe
the procedures of a summary
court-martial.

(11)    Describe
the standard of proof for
conviction at a summary
court-martial.

(12)    Identify
who must establish or meet the
standard of proof.

(13)    Describe
the maximum punishment that a
summary court-martial may impose.

(14)    Describe
the appellate rights of a soldier
tried and convicted by a summary
court-martial.

b.
Define a special
court-martial.

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

(2) 
Describe what soldiers
may be tried by a special
court-martial.

(3)  Describe whether a
military judge presides at a
special court-martial.

(4) 
Describe the duties and
responsibilities of a military
judge at a special court-martial.

(5) 
Describe whether a jury
or panel exists at a special
court-martial and its composition.

(a)  
Describe the duties and
responsibilities of a jury or
panel at a special court-martial.

(b)  
Describe the minimum
number of jury or panel members.

(6) 
Describe whether an
accused is entitled to be
represented by defense counsel at
a special court-martial.

(7) 
Describe the
requirement for a trial counsel to
represent the U.S. Government at a
special court-martial.

(8) 
Describe the procedures
of a special court-martial.

(9) 
Describe the Standard of
Proof for conviction at a special
court-martial and identify who
must establish or meet this
standard of proof.

(10)
Describe the maximum
punishment that a special
court-martial may impose.

(11) Describe a soldier’s
appellate rights if convicted by a
special court-martial.

(12) Describe the differences
between a special court-martial
and a special court-martial
empowered to adjudge a bad conduct
discharge.

c.
Define a general
court-martial.

(1) 
Identify who convenes a
general court-martial.

(2) 
Describe what soldiers
may be tried by a general
court-martial.

(3) 
Describe what types of
offenses are typically tried by a
general court-martial.

(4) 
Describe the
requirement and procedures for a
pre-trial investigation, or
Article 32 investigation, prior to
convening a general court-martial.

(5) 
Describe whether a
military judge presides at a
General Court-Martial.

(6) 
Describe the duties and
responsibilities of a military
judge at a General Court-Martial.

(7) 
Describe whether a jury
or panel exists at a general
court-martial and its composition.

(a)  
Describe the duties
and responsibilities of a jury
or panel at a general
court-martial.

(b)  
Describe the minimum
number of panel or jury members.

(8) 
Describe whether an
accused is entitled to be
represented by defense counsel at
a general court-martial.

(9) 
Describe the
requirement for a trial counsel to
represent the U.S. Government at a
general court-martial.

(10)
Describe the procedures
of a general court-martial.

(11)
Describe the standard
of proof required for conviction
at a general court-martial and
identify who must establish or
meet this Standard of Proof.

(12)
Describe the maximum
punishment that a general
court-martial may impose

(13)
Describe a soldier’s
appellate rights if convicted by a
general court-martial.

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 identify,
understand, and comply with the provisions
of the U.S. Army’s military justice system,
including the UCMJ. 
Tell the soldier that he will also be
evaluated on his ability to understand the
potential ramifications for violating the
UCMJ, the commander’s disciplinary options,
and the soldier’s legal rights in these
proceedings.

 

Performance
Measures

GO

NO
GO

1.   Defined
military justice.

—

—

2.   Described the military justice system.

—

—

a.
Described the purpose of
the military justice system.

 

 

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

 

 

c.    
Described the UCMJ and to
whom it applies.

 

 

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

—

—

4.   Described a commander’s responsibility to conduct a
preliminary investigation into
misconduct allegedly committed by a
soldier under his 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 Criminal Investigation
Command (CID) to conduct a criminal
investigation.

 

 

5.   Listed the 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 may wish to use
nonpunitive or administrative
disciplinary measures rather than
impose nonjudicial punishment or
proceed to court-martial.

 

 

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

 

 

d.
Defined
judicial punishment and how a
commander can use judicial
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 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 nonpunitive or administrative
disciplinary actions.

—

—

a.
Defined an admonition or
reprimand.

 

 

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

 

 

(2) 
Described whether an
admonition or reprimand may be
written, oral, or both.

 

 

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

 

 

(4) 
Described the
commander’s filing determination
for a written admonition or
reprimand.

 

 

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

 

 

b.
Defined
counseling of a soldier.

 

 

(1) 
Described the purpose
of counseling.

 

 

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

 

 

(3) 
Described the soldier’s
rights during counseling.

 

 

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

 

 

c.
Defined
withholding a soldier’s privileges
as an administrative disciplinary
action.

 

 

(1) 
Described the purpose
for withholding privileges.

 

 

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

 

 

d.
Defined
extra duty as an administrative
disciplinary action.

 

 

(1) 
Described the purpose
of extra duty.

 

 

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

 

 

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

 

 

e.
Defined
administrative separations.

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

8.   Described nonjudicial, or Article 15, punishment.

—

—

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

 

 

(1) 
Defined who constitutes
a "commander."

 

 

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

 

 

(3) 
Described 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.
Described
the circumstances under which a
commander may impose nonjudicial or
Article 15 punishment.

 

 

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

 

 

d.
Described
for which offenses a commander may
impose nonjudicial or Article 15
punishment.

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

l.  
Described the standard of
proof required when imposing
nonjudicial or Article 15
punishment.

 

 

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

 

 

n.
Described
a soldier’s appellate rights
subsequent to an Article 15 hearing.

 

 

(1) 
Described who serves as
the appellate authority.

 

 

(2) 
Described the time to
act on an appeal.

 

 

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

 

 

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

—

—

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

 

 

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

 

 

10. Defined "pretrial
restraint" of a soldier.

—

—

a.
Defined the purposes of
pretrial restraint.

 

 

b.
Listed
the types of restraint.

 

 

(1) 
Defined apprehension
and its purpose.

 

 

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

 

 

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

 

 

(2) 
Defined conditions on
liberty and its purpose.

 

 

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

 

 

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

 

 

(5) 
Defined confinement and
its purpose.

 

 

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

 

 

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

 

 

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

 

 

11.
Defined "referral" of
court-martial charges and identified
who may refer a court-martial charge.

—

—

12.
Defined "convening
authority" for a court-martial
and identified the duties and
responsibilities of a convening
authority.

—

—

13. Listed the different levels of courts-martial.

—

—

a.
Defined a summary
court-martial.

 

 

(1) 
Identified the
convening authority for a summary
court-martial.

 

 

(2) 
Described what types of
offenses are typically handled by
a summary court-martial.

 

 

(3) 
Described what soldiers
may be tried by a summary
court-martial.

 

 

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

 

 

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

 

 

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

 

 

(7) 
Described whether an
accused is entitled to be
represented by defense counsel at
a summary court-martial.

 

 

(8) 
Described the requirement
for a soldier to consent to trial
by summary court-martial.

 

 

(9) 
Described what happens if
an accused refuses trial by
summary court-martial.

 

 

(10)  Described the
procedures of a summary
court-martial.

 

 

(11)  Described the
standard of proof for conviction
at a summary court-martial.

 

 

(12)  Identified who
must establish or meet this
standard of proof.

 

 

(13)  Described the
maximum punishment that a summary
court-martial may impose.

 

 

(14)  Described the
appellate rights of a soldier
tried and convicted by a summary
court-martial.

 

 

b.
Defined
a special court-martial.

 

 

(1) 
Identified the
convening authority for a special
court-martial.

 

 

(2) 
Described what soldiers
may be tried by a special
court-martial.

 

 

(3) 
Described whether a
military judge presides at a
special court-martial.

 

 

(4) 
Described the duties and
responsibilities of a military
judge at a special court-martial.

 

 

(5) 
Described whether a
jury or panel exists at a special
court-martial and its composition.

 

 

(a)  
Described the duties
and responsibilities of a jury or
panel at a special court-martial.

 

 

(b)  
Described the minimum
number of jury or panel members.

 

 

(6) 
Described whether an
accused is entitled to be
represented by defense counsel at
a special court-martial.

 

 

(7) 
Described the
requirement for a trial counsel to
represent the U.S. Government at a
special court-martial.

 

 

(8) 
Described the
procedures of a special
court-martial.

 

 

(9) 
Described the standard of
proof for conviction at a special
court-martial and identified who
must establish or meet this
standard of proof.

 

 

(10)  Described the
maximum punishment that a special
court-martial may impose.

 

 

(11)  Described the
appellate rights of a soldier’s
convicted by a special
court-martial.

 

 

(12)  Described the
differences between a special
court-martial and a special
court-martial empowered to adjudge
a bad conduct discharge.

 

 

c.
Defined
a general court-martial.

 

 

(1) 
Identified who convenes
a general court-martial.

 

 

(2) 
Described what soldiers
may be tried by a general
court-martial.

 

 

(3) 
Described what types of
offenses are typically tried by a
general court-martial.

 

 

(4) 
Described the
requirement and procedures for a
pre-trial investigation, or
Article 32 investigation, prior to
convening a general court-martial.

 

 

(5) 
Described whether a
military judge presides at a
general court-martial.

 

 

(6) 
Described the duties and
responsibilities of a military
judge at a general court-martial.

 

 

(7) 
Described whether a
jury or panel exists at a general
court-martial and its composition.

 

 

(a)  
Described the duties
and responsibilities of a jury or
panel at a general court-martial.

 

 

(b)  
Described the minimum
number of panel or jury members.

 

 

(8) 
Described whether an
accused is entitled to be
represented by a defense counsel
at a general court-martial.

 

 

(9) 
Described the
requirement for a trial counsel to
represent the U.S. Government at a
general court-martial.

 

 

(10)  Described the
procedures of a general
court-martial.

 

 

(11)  Described the
standard of proof required for
conviction at a general
court-martial and identified who
must establish or meet this
standard of proof.

 

 

(12)  Described the
maximum punishment that a general
court-martial may impose.

 

 

(13)  Described a
soldier’s appellate rights if
convicted by a general
court-martial.

 

 

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
what was done wrong and how to do it
correctly.

References:

Required

AR
15-6

 


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