CHAPTER 2
MILITARY CONDUCT AND JUSTICE
I pledge allegiance to the flag of the United States of America and to the
country for which it stands, one nation, indivisible, under God, with
liberty and justice for all.
" Obeys the rules of military courtesy and etiquette
Because the United States Navy is a military service
as well as the rules of military law.
and since you are a member of the U.S. Navy, you are
" Demonstrates loyalty, self-control, honesty, and
expected to be military in the best sense of the term. You
truthfulness.
are expected to know the traditions of the Navy, its
customs, and its language. You should understand the
" Knows what to do in an emergency and how to do
organization and mission of the Navy and the  why
it with the least waste of time and with minimum
behind the Navy s discipline and its drills. In the front of
confusion
this manual is the Navy Creed; if you haven t read it,
As a Sailor, you represent the Navy. People form
read it now. You will see the importance of your
their opinions of the Navy based on your appearance
responsibilities and duties to your Country and to the
and actions. Always wear your uniform with pride.
Navy. Conduct yourself in a manner that will reflect credit on
you and the Navy. In effect, you conduct the business of
In this chapter, you will learn about military
public relations for the Navy. The way in which you sell
conduct, which includes the conduct expected of you if
the Navy to civilians and the way you sell yourself to
you should become a prisoner of war. You will also learn
your superiors and shipmates determines their opinion
about the military police, the purpose of discipline and
of you and of the Navy.
punishment, and the three sources that set forth the basic
A good Sailor is morally responsible. That means
disciplinary laws for the U.S. Navy. Those sources are
you know what s right and what s wrong, and you try to
U.S. Navy Regulations, Standard Organization and
do what is right. As a morally responsible person, you
Regulations of the U.S. Navy, and the Uniform Code of
perform all assigned duties as correctly and timely as
Military Justice (UCMJ).
humanly possible without worrying about personal gain
or inconveniences.
PERSONAL CONDUCT
To succeed in any line of work, you must be devoted
Learning Objective: When you finish this chapter, you
to duty and be able to take orders. Shipboard life is so
will be able to
exacting that a team of members must do many tasks;
one person alone cannot do them. In battle or in solving
" Identify the personal characteristics of a good
a battle problem, all personnel must work as a team; and
Sailor.
it doesn t make any difference whether the team
Every Sailor in the Navy should set an example of
consists of a few or many members.
high personal and military ideals. Every Sailor should
The Navy isn t the place for the immature
always set a good example for other, perhaps younger,
self-seeker who puts forth his/her best efforts only when
nonrated personnel. Remember, a good Sailor always
some personal advantage is to be gained. Also, the Navy
does the following:
doesn t have room for the resentful, hardheaded,
self-important person who can t take an order. Rules
" Acts in a military and seamanlike manner.
and regulations serve as guides for daily living and, if
followed by all, make life more pleasant and easier for
" Puts the good of the ship and the Navy before
personal likes and dislikes. all hands.
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THE CODE OF CONDUCT gender-neutral language. First expressed in written
form in 1955, the code is based on time-honored
Learning Objective: When you finish this chapter, you
concepts and tradition that date back to the days of the
will be able to
American Revolution. The six articles of the Code of
Conduct are as follows:
" Recognize the responsibilities stated in articles I
through VI of the Code of Conduct for members
ARTICLE I
of the Armed Forces of the United States.
I am an American, fighting in the forces which
Because of the conduct of a few Americans during
guard my country and our way of life. I am prepared to
the Korean conflict, President Dwight D. Eisenhower
give my life in their defense.
prescribed a Code of Conduct for members of the
armed forces in 1955. That code provides American
ARTICLE II
military personnel with a standard of conduct should
they be captured by an enemy. It provides a framework
I will never surrender of my own free will. If in
of ideals and ethical standards that will help personnel
command I will never surrender the members of my
resist the physical, mental, and moral onslaughts of
command while they still have the means to resist.
their captor.
ARTICLE III
Many Americans have been prisoners of war
(POWs), and they all agree that life as a POW is hard. A
If I am captured I will continue to resist by all means
few POWs were unprepared or lacked the ability to
available. I will make every effort to escape and aid
maintain their faith and loyalty under extreme pressure.
others to escape. I will accept neither parole nor special
The enemy broke their will, and they gave information
favors from the enemy.
and/or acted in a way that hurt their country and their
fellow prisoners.
ARTICLE IV
If you ever become a POW, don t make up stories;
your interrogator will eventually catch on and could
If I become a prisoner of war, I will keep faith with
resort to harsher methods to try to gain information. A
my fellow prisoners. I will give no information or take
simpler,  I don t know, is a better answer. Your captors
part in any action which might be harmful to my
will use many methods to gain information. They will
comrades. If I am senior, I will take command. If not, I
try to get prisoners to collaborate by torturing them or
will obey the lawful orders of those appointed over me
by trying to turn prisoners against each other. Although
and will back them up in every way.
forbidden by the Geneva Convention, history has shown
that some captors have resorted to physical and mental
ARTICLE V
forms of torture to get the information they want.
Maintain your faith in your God, your country, and your
When questioned, should I become a prisoner of
fellow prisoners.
war, I am required to give name, rank, service number
and date of birth. I will evade answering further
Remember the first sentence of the first article of the
questions to the utmost of my ability. I will make no oral
Code of Conduct,  I am an American, fighting in the
or written statements disloyal to my country and its
forces which guard my country&  If you live up to that
allies or harmful to their cause.
principle, you don t ever have to worry about an
investigation concerning your behavior. You won t live
ARTICLE VI
the rest of your life knowing that something you said
harmed your fellow prisoners, comrades in arms, or
I will never forget that I am an American, fighting
your country and its allies.
for freedom, responsible for my actions, and dedicated
In 1988, President Ronald Reagan issued Executive to the principles which made my country free. I will
Order 12633, amending the Code of Conduct to use trust in my God and in the United States of America.
Student Notes:
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REVIEW 1 QUESTIONS All branches of the armed forces assign personnel
to duties as military police. In the Air Force, they are
Q1. List the three sources that contain the basic
called security police; in the Army and Marine Corps,
disciplinary laws for the U.S. Navy. they are called military police (MP); and in the Navy,
they are called shore patrol (SP). The shore patrol
a.
consists of officers and petty officers assigned to assist
military personnel ashore. They are identified by
b. armbands bearing the letters SP.
In areas where units of different armed services are
located, the military police may be combined to form
c.
one unit instead of a separate unit for each service. This
single unit is known as an Armed Forces Police
Q2. What is one of the most important characteristics
Detachment (AFPD), and all members are identified by
of a good Sailor?
brassards (armbands) with the letters AFPD. The
primary duties of AFPD are to assist military personnel
ashore, maintain good order and discipline among
military personnel, and report conditions or practices
that appear prejudicial to the welfare of military
Q3. For you to succeed in your work in the Navy, you
personnel. They have authority to stop, question,
should possess what quality?
apprehend, or take into custody any member of the
armed forces.
When asked to do so by the military police, you
must show your ID card, leave authorization, and the
Q4. Why was the Code of Conduct established?
like. You must obey any orders given you by the military
police.
Some reminders are listed here for you to observe in
Q5. What total number of articles are there in the any dealings with the military police or shore patrol.
(For the remainder of our discussion, patrol is used to
Code of Conduct?
include all armed forces police.)
1. Obey the orders of the patrol.
Q6. When questioned under article V, what is the
2. Don t become argumentative if the patrol is
only information you are allowed to give?
questioning you. The patrol will rightfully
question you if you are out of uniform, appear
drunk, or act in a suspicious manner.
3. Never interfere with the members of the patrol
in the performance of their duty. If you are in a
MILITARY POLICE
place where a fight has begun or is about to
develop and the patrol orders you to leave, do so
Learning Objectives: When you finish this chapter, you
without protest.
will be able to
Don t feel that the patrol is trying to harass you. You
" Recognize the authority of the military
won t have to prove who you are or verify that you re
police/shore patrol.
entitled to be ashore every time you see a patrol. The
" Identify the functions of the military patrol will stop you only when you appear to be in, or to
police/shore patrol. be headed for, some kind of trouble or if you arouse their
Student Notes:
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suspicions in some other manner. The military patrol a.
can be a real friend in time of need. The patrol s orders
are to be courteous, fair, and reasonable in all dealings
b.
with members of the armed forces and with civilians.
Whenever you are away from your ship or station
c.
and need advice, directions, or help of any kind, call on
the nearest military patrolman or patrol headquarters.
PURPOSE OF DISCIPLINE
Aboard ships and stations, masters-at-arms
(MAAs) and police petty officers have functions similar
Learning Objective: When you finish this chapter, you
to those of the shore patrol. The master-at-arms force,
will be able to
headed by the chief master-at-arms (CMAA), works
" Recall the purpose of good order and military
directly for the executive officer. The master-at-arms
discipline.
force enforces Navy and ship regulations, musters
restricted personnel, holds reveille, and performs other
The word discipline comes from a Latin word
duties as are required for the maintenance of good order meaning  to teach. However, discipline involves a
certain type of teaching. Discipline is not peculiar to
and discipline.
military organizations. Discipline is the training that
The duties of police petty officers (PPOs) are about
develops self-control, character, and efficiency, or is the
the same as those of MAAs, but are on a divisional
result of such training. Discipline is a character
instead of a shipwide basis. Although PPOs stand their
builder, not a destroyer of individuality.
regular watches and perform their normal duties within
The Navy s discipline consists of training its Sailors
their divisions, they are assigned additional duties such
to behave in certain ways under certain circumstances.
as making reveille and taps, ensuring compartments are
It gets them to work as a unit with maximum efficiency.
cleaned, and maintaining order. At times they assist the
To encourage Sailors to work as a unit, the Navy uses a
MAA force in searching the ship, and providing bunks
system of motivation and correction through reward and
for new personnel or passengers. punishment. Studious Navy men and women, when
recommended by their commanding officers, are
rewarded by timely promotions; lazy or careless
REVIEW 2 QUESTIONS
individuals suffer a self-inflicted punishment by
missing out on those promotions. Fines, restriction,
Q1. In the Navy, the military police are known as
confinement, demotion, and other forms of disciplinary
the
action punish Sailors who get into trouble because they
are negligent or indifferent.
The signs of discipline are shown in smart salutes,
proper wearing of the uniform, prompt and correct
Q2. Shore patrol personnel are identified by
action in any emergency, and in battle efficiency that
brings victory in wars (fig. 2-1). Discipline, obviously,
is indispensable to a military organization. Without it
almost any effort would be defeated by lack of
Q3. When military police from different branches of
organization.
the armed forces combine to form one unit, they
The purpose of discipline in the military services is
are known as
to bring about an efficient military organization a
body of human beings trained and controlled for
Q4. List the primary duties of the shore patrol. concerted action for the attainment of a common goal.
Student Notes:
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Figure 2-1. The results of discipline are shown in prompt and correct action in an emergency,
and especially in battle efficiency.
Each individual understands how to fit into the
" Recall the Navy s concept of punishment.
organization as a whole. The members understand one
Based on the Navy s concept, punishment is not
another through the sharing of common knowledge.
personal, vindictive, or inflicted as revenge for
They are bound together by a unity of will and interest
misconduct. The Navy realizes punishment cannot right
expressed by their willingness to follow and obey their
the wrong resulting from an act of dereliction (failure).
leader. A group so organized is effective, not only for the
specific purpose intended, but also for an emergency. The value of punishment is the object lesson the
Thus, a gun crew may be readily converted into a repair
punishment teaches the wrongdoer and others the
party for carrying out any essential job within its
offense must not be repeated. That concept is referred to
capabilities; a company of midshipmen may be turned
as the deterrent theory of punishment.
into a fire-fighting organization. A well-disciplined
To accomplish its purpose, punishment must be
naval unit responds automatically to an emergency and
consistent and just and must be recognized as such by
is not subject to panic.
the recipients and their shipmates. Punishment should
neither be of such a nature that it lowers self-esteem, nor
PUNISHMENT
should it be so severe that it is out of proportion to the
offense. Recipients of Navy punishment should keep
Learning Objective: When you finish this chapter, you
will be able to two facts in mind:
Student Notes:
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1. Personnel are punished only as a result of their sources are the Uniform Code of Military Justice
misbehavior, and
(UCMJ) (contained in the Manual for Courts-Martial,
1995 Edition), United States Navy Regulations
2. They will not be punished again if they learn to
(commonly called Navy Regs), and the Standard
conform to Navy standards of conduct.
Organization and Regulations of the U.S. Navy .
The administration of punishment is not personal;
You probably have heard the saying:  Ignorance of
therefore, those who administer it should be shown no
malice (hate). They are carrying out their duties as the law is no excuse. This is a true saying. If it weren t,
required by Navy Regulations.
personnel could excuse their misconduct merely by
saying they didn t know there was a law against it.
REVIEW 3 QUESTIONS
When you entered the Navy, you agreed to live by the
Navy s laws and regulations. However, you do need
Q1. What method does the Navy use to help Sailors
time to learn all the rules you must obey. You should
work as a unit with maximum efficiency?
make every effort to learn them as soon as possible to
avoid embarrassing situations.
The U.S. Navy Regulations you must learn about are
discussed first. Then the Standard Organization and
Q2. What is the purpose of discipline in the military?
Regulations of the U.S. Navy and the UCMJ are
discussed.
U.S. NAVY REGULATIONS
Q3. What theory of punishment does the Navy use?
The articles published in United States Navy
Regulations describe the principal parts of the
Department of the Navy. They also describe the duties,
Q4. What two things should a recipient of Navy
authority, and responsibilities of some of the offices
punishment remember?
within the Department of the Navy, such as the
a.
Secretary of the Navy, the Chief of Naval Operations,
and the commanding officer. You will find the
b. regulations concerning the honors and ceremonies
given to civilian and military officials of the United
States and foreign governments in the Navy Regs.
REGULATIONS THAT GOVERN THE
U.S. NAVY
U.S. Navy Regulations describe the rights and
responsibilities of all Navy members. As you become
Learning Objectives: When you finish this chapter, you
more familiar with the regulations that govern the Navy,
will be able to
you can see that they are written to protect you and to
" Recall various parts of the Navy Regulations and
provide guidance affecting your day-to-day routine.
UCMJ articles.
The Chief of Naval Operations is responsible for
ensuring the U.S. Navy Regulations conform to the
" Identify types of courts-martial, purpose of the
report of offense, and the procedures for redress
current needs of the Department of the Navy. U.S. Navy
of grievance.
Regulations and changes to it are issued by the
Secretary of the Navy after being approved by the
Figure 2-2 shows the three official sources that set
forth the basic disciplinary laws for the Navy. These President of the United States.
Student Notes:
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Figure 2-2. Three official sources for basic disciplinary laws.
Summaries and Excerpts from Navy
which the Navy operates. Many exist for your own
Regulations
protection. Failure to obey any regulation subjects the
offender to charges under article 92, UCMJ (Failure to
This section lists articles (with a condensation of
obey an order or a regulation).
their text, if appropriate) from United States Navy
The first two digits of the article number indicate
Regulations, 1990, that all personnel in the Navy should
the chapter of Navy Regs from which the article is taken.
know. This listing serves only as a starting place for you
If the article is self-explanatory, no further explanation
to learn about Navy regulations. You are responsible
is given; the article will be shown in block quotation
for learning and obeying all regulations. These
regulations are not punitive articles, but laws under exactly as stated in Navy Regs. Articles that are lengthy
Student Notes:
2-7
and, in some cases, difficult to interpret, have been b) Manual for Courts-Martial;
paraphrased (rewritten) to give you a brief overview of
c) Navy Regulations;
what the article contains. Remember that in Navy Regs,
d) Manual of the Judge Advocate
the words he, his, or him refers to both men and women
General;
Navy Sailors.
e) Marine Corps Manual (for Marine
0818. Publishing and Posting Orders and Corps personnel); and
Regulations
f) Naval Military Personnel Manual
(for Navy personnel) or Marine
1. In accordance with Article 137 of the
Corps Personnel Manual (for
Uniform Code of Military Justice, the articles
Marine Corps personnel).
specifically enumerated therein shall be
carefully explained to each enlisted person:
0917. Dealings With Foreigners
a) At the time of entrance on active
When in foreign ports, officers and enlisted
duty or within six days thereafter;
personnel should respect local laws, customs,
b) Again, after completion of six
ceremonies, and regulations; display courtesy and
months active duty; and
moderation; and cultivate a feeling of good will and
c) Again, upon the occasion of each mutual respect.
reenlistment.
1001. Officers of the Naval Service
2. A text of the articles specifically
enumerated in Article 137 of the Uniform Code
Officers of the United States naval service
of Military Justice shall be posted in a
shall be known as officers in the line, officers in
conspicuous place or places, readily accessible
the staff corps, chief warrant officers and
to all personnel of the command.
warrant officers.
3. Instructions concerning the Uniform
1002. Precedence of Officers
Code of Military Justice and appropriate
articles of Navy Regulations shall be included
This article discusses the precedence of officers.
in the training and educational program of the
command.
1003. Relative Rank and Precedence of
Officers of Different Services
4. Such general orders, orders from
higher authority, and other matters which the
This article explains the relative rank of grades of
commanding officer considers of interest to the
officers of the Army, Air Force, Marine Corps, Navy,
personnel or profitable for them to know shall
Coast Guard, and members of the National Oceanic and
be published to the command as soon as
Atmospheric Administration and Public Health Service
practicable. Such matters shall also be posted,
serving with the military.
in whole or in part, in a conspicuous place or
places readily accessible to personnel of the
1010. Manner of Addressing Officers
command.
5. Upon the request of any person on
This article describes the proper manner of
active duty in the armed services, the following
addressing officers orally and in writing.
publications shall be made available for that
person s personal examination:
a) A complete text of the Uniform
Code of Military Justice;
Student Notes:
2-8
1020. Exercise of Authority 1025. Authority of an Officer in Command
All persons in the naval service on active An officer in command, either of the line or of a staff
corps, has authority over all officers and other persons
service, and those on the retired list with pay,
attached to the command, whatever their rank and
and transferred members of the Fleet Reserve
whether they are of the line or of a staff corps.
and the Fleet Marine Corps Reserve, are at all
times subject to naval authority. While on
1033. Authority in a Boat
active service they may, if not on leave of
absence& , on the sick list, taken into custody,
This article provides the senior line officer eligible
under arrest, suspended from duty, in
for command at sea the authority over all persons
confinement or otherwise incapable of
embarked in a boat. It also delegates to the officer the
responsibility for the safety and management of the
discharging their duties, exercise authority over
boat.
all persons who are subordinate to them.
1034. Authority and Responsibility of a Senior
1021. Authority Over Subordinates
Officer Under Certain Circumstances
This article gives officers the authority necessary to
perform their duties. This article gives the senior person present, whether
an officer or an enlisted person, the authority to take
1022. Delegation of Authority
necessary action during a riot, a quarrel between naval
service members, or circumstances not covered by these
Although you may delegate authority, that does not
regulations.
relieve you of being responsible. You must make sure
the delegated authority is properly exercised and orders
1037. Authority of Warrant Officers,
and instructions are properly executed.
Noncommissioned Officers and Petty Officers
1023. Abuse of Authority
Chief warrant officers, warrant officers,
noncommissioned officers and petty officers
Persons in authority are forbidden to injure their
shall have, under their superiors, all necessary
subordinates by tyrannical or capricious conduct, or by
authority for the proper performance of their
abusive language.
duties, and they shall be obeyed accordingly.
1024. Contradictory and Conflicting Orders
1038. Authority of a Sentry
If an enlisted person in the naval service
A sentry, within the limits stated in his or
receives an order, which annuls, suspends or
her orders, has authority over all persons on his
modifies one received from another superior, he
or her post.
or she shall immediately represent the facts to
1052. Orders to Active Service
the superior from whom the last order was
received. If, after such representation, the
You may not be ordered to active service without
superior from whom the last order was received
permission of the Chief of Naval Personnel.
should insist upon the execution of that order, it
shall be obeyed. The person receiving and
1064. Detail of Enlisted Persons for Certain
executing such order shall report the
Duties
circumstances as soon as practicable to the
superior from whom the original order was
Petty officers will not be detailed to perform mess
received. duties, except when nonrated persons are unavailable.
Student Notes:
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1101. Demand for Court Martial
Persons under the influence of alcohol or other
drugs should not be confined in any place or manner that
Except as otherwise provided in the
may be dangerous to them in their condition.
Uniform Code of Military Justice, no person in
the naval service may demand a court martial
1110. Standards of Conduct
either on him- or herself or on any other person
All Department of the Navy personnel are
in the naval service.
expected to conduct themselves in accordance
with the highest standards of personal and
1102. Limitations on Certain Punishments
professional integrity and ethics. At a
minimum, all personnel shall comply with
Instruments of restraint, such as handcuffs,
directives issued by the Secretary of Defense
chains, irons and straitjackets, shall not be
and the Secretary of the Navy regarding the
applied as punishment. Other instruments of
Standards of Conduct and Government Ethics.
restraint may not be used except for safe
custody and no longer than is strictly
1111. Pecuniary Dealings with Enlisted
necessary& .
Persons
The punishments of extra duties and hard
No officer should have any dealings involving
labor without confinement are not performed
money with enlisted persons except as may be required
on Sunday, although Sunday counts in the
in the performance of the officer s duties or as involved
computation of the period for which such
in the sale of personal property. An officer may be
punishments are imposed.
designated by superior authority to accept deposits from
Guard duty shall not be inflicted as
enlisted personnel for the purpose of safeguarding those
punishment.
funds under emergency or operational situations.
1104. Treatment and Release of Prisoners
1112. Lending Money and Engaging in a Trade
or Business
Persons in confinement must not be subjected to
cruel or unusual treatment. They must be visited at least
Naval personnel must not lend money to another
once every 4 hours to check on their condition and to
member of the armed services at an interest rate, for the
care for their needs. In the event of an emergency, they
may be removed to a safe area or released within the period of the loan, that exceeds 18 percent simple
limits of the command. No greater force than that
interest per year. Personnel may not act as a salesperson
required to restrain or to confine an offender should be
or an agent or engage in a business on board without
used to take into custody a person under the influence of
permission of the commanding officer.
alcohol, marijuana, narcotic substances, or other
controlled substances.
1113. Endorsement of Commercial Product or
Process
1105. Places of Confinement
Except as necessary during contract
Prisoners must be confined only in brigs or other
administration to determine specification or
facilities designated as naval places of confinement by
other compliance, no person in the Department
the Secretary of the Navy. In case of necessary
of the Navy, in his or her official capacity, shall
temporary confinement, the senior officer present may
endorse or express an opinion of approval or
authorize confinement in spaces that provide sufficient
security, safety for both prisoner and guards, and disapproval of any commercial product or
adequate living conditions. process.
Student Notes:
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1115. Report of Fraud
Applications for corrections may be made
only after exhaustion of all other administrative
Any suspicions of fraud, collusion, or improper
remedies afforded by law or regulation.
conduct in matters concerning supplies and repairs
should be reported to the proper authority.
1127. Control of Official Records
No person, without proper authority, shall
1121. Disclosure, Publication and Security of
withdraw official records or correspondence
Official Information
from the files, or destroy them, or withhold
Naval personnel may not make speeches or write
them from those persons authorized to have
anything that might disclose information of interest to access to them.
foreign countries or that would aid persons with claims
1129. Records of Fitness
against the United States. If naval personnel publish
articles on Navy, political, or international subjects,
Records of fitness reflect each officer and enlisted
they must state the views are theirs and not those of the
person s fitness for service and fitness for the
Navy. When such articles are accepted for publication, performance of duties. These records are used to
determine promotions and duty assignments.
personnel must forward a complete copy of each article
to the Secretary of the Navy.
1132. Compliance with Lawful Orders
1122. Adverse Matter in Officer Fitness
All persons in the naval service are
Reports and Enlisted Performance Evaluation
required to obey readily and strictly, and to
Reports
execute promptly, the lawful orders of their
superiors.
Information of an adverse nature should not be
entered in the record of a person of the naval service
1133. Language Reflecting on a Superior
unless the member was first afforded an opportunity to
submit a written statement regarding the matter. Certain No person in the naval service shall use
language that may tend to diminish the
medical and dental entries are excepted.
confidence in or respect due to his or her
1125. Inspection of the Record of a Person in
superior officer.
the Naval Service
1134. Exchange of Duty
The record of a person in the naval service
which is maintained by the Chief of Naval An assigned duty may not be changed with another
Personnel or the Commandant of the Marine person (such as trading watches) without permission
Corps shall be available for inspection by the from proper authority.
person or a duly authorized agent, designated as
1135. Relations with Foreign Nations
such in writing by the person.
Naval service members must conform to
1126. Correction of Naval Records
international law and precedents set by the United
Any military record in the Department of
States in its relations with foreign nations.
the Navy may be corrected by the Secretary of
the Navy, acting through the Board for
1136. Foreign Religious Institutions
Correction of Naval Records, when the
Secretary considers that such action should be Navy personnel visiting foreign nations must
taken in order to correct an error or to remove an respect that country s religious institutions and
injustice. customs.
Student Notes:
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1137. Obligation to Report Offenses 1145. Service Examinations
Persons in the naval service shall report as No persons in the Navy, without proper authority,
should have or attempt to have in their possession, any
soon as possible to superior authority all
examination papers, any part or copy thereof, or any
offenses under the Uniform Code of Military
examination answer sheets. They also must not obtain,
Justice which come under their observation,
sell, publish, give, purchase, receive, or reproduce any
except when such persons are themselves
of these examination products.
already criminally involved in such offenses at
the time such offenses first come under their
1150. Redress of Wrong Committed by a
observation.
Superior
You should report all offenses under the UCMJ that
A person who believes a superior has wronged
you see to the proper authority unless reporting the
him/her or is guilty of misconduct should submit a
offense would incriminate yourself. This is known as
complaint to his/her commanding officer.
self-incrimination.
1151. Direct Communication with the
1138. Responsibilities Concerning Marijuana,
Commanding Officer
Narcotics and Other Controlled Substances
The right of any person in the naval service
Personnel may not bring on board any naval
to communicate with the commanding officer
activity, or have in their possession at any time,
in a proper manner, and at a proper time and
marijuana, narcotics, or any controlled substances.
place, shall not be denied or restricted.
1140. Capture by an Enemy
1152. Suggestions for Improvement
A person in the naval service who is captured by the
Any person in the Navy may submit suggestions or
enemy is required to give name, grade or rate, service
constructive criticism about efficiency or economical
number, and date of birth. That person will make no
methods of administration or management within the
statement disloyal to, critical of, or harmful to the
United States or its allies. Department of the Navy. Suggestions or criticism
should be submitted to the Secretary of the Navy
1142. Unavoidable Separation from a
through the chain of command.
Command
1154. Communications to the Congress
Persons who become separated from their ship,
station, or unit by shipwreck, disaster, or other
Personnel may not, in their official capacity, apply
unavoidable happening, should proceed to the nearest
to Congress for congressional action of any kind or
U.S. military activity as soon as possible.
provide information requested by Congress. The only
exception to this regulation is such communication as
1143. Report of a Communicable Disease
authorized by the Secretary of the Navy or as provided
by law.
Personnel should report any suspicions of
communicable disease to their medical representative.
1155. Dealings with Members of Congress
1144. Immunization
All persons may write to their congressmen in a
personal or private capacity on any subject as long as
Personnel must take the immunizations prescribed
for them as scheduled. they do not violate security regulations or the law.
Student Notes:
2-12
1156. Forwarding Individual Requests 1166. Sexual Harassment
Do not make offensive verbal comments, gestures,
Requests from persons in the naval service
or physical contact in the work environment. Do not use
shall be acted upon promptly. When addressed
implicit or explicit sexual behavior to control other
to higher authority, requests shall be forwarded
personnel.
without delay. The reason should be stated
when a request is not approved or
1167. Supremacist Activities
recommended.
No person in the Naval service shall
participate in any organization that espouses
1157. Leave and Liberty
supremacist causes; attempts to create illegal
discrimination based on race, creed, color, sex,
Leave and liberty will be granted to the
religion, or national origin; advocates the use of
maximum extent practicable.
force or violence against the government of the
United States or the government of any state,
1159. Possession of Weapons
territory, district, or possession thereof, or the
government of any subdivision therein; or
Personnel may not have any weapons or explosives
otherwise engages in efforts to deprive
in their possession without proper authority.
individuals of their civil rights.
1160. Possession of Government Property
STANDARD ORGANIZATION AND
REGULATIONS OF THE U.S. NAVY
Personnel shall not possess, without
permission, any property of the United States
The Standard Organization and Regulations of the
except what is needed in the performance of
U.S. Navy, OPNAVINST 3120.32, provides regulations
their duty.
and guidance governing the conduct of all members of
the Navy. This instruction specifies duties and
1162. Alcoholic Beverages
responsibilities of personnel within a unit
organization from the commanding officer down to
The personal possession of any alcoholic beverages
the messenger of the watch.
aboard any ship is prohibited. The transportation aboard
ship of alcoholic beverages for personal use ashore is
Naval personnel who fail to comply with
authorized subject to the discretion of and under
regulations may be awarded punishment based on the
regulations established by the commanding officer.
Uniform Code of Military Justice (UCMJ). Many
regulations are printed on large posters and posted in
1164. Equal Opportunity and Treatment
conspicuous locations aboard naval units.
All persons in the Department of the Navy
regardless of their race, color, religion, sex, or national
Excerpts from the Standard Organization and
origin, consistent with requirements for physical
Regulations of the U.S. Navy
capabilities, will be afforded equal opportunity and
This section contains some of the articles contained
treatment.
in chapter 5,  Regulations, of the OPNAVINST
1165. Fraternization Prohibited
3120.32. Self-explanatory articles are shown in block
quotation exactly as stated in the OPNAVINST
No person in the Navy is to enter a personal
3120.32. Sections that are lengthy or difficult to
relationship that is unduly familiar, does not respect
interpret are paraphrased to briefly explain the contents
differences in rank, and is prejudicial to good order and
discipline. of the regulation.
Student Notes:
2-13
510.5 Armed Forces Identification Cards and 510.16 Divine Services
Leave Papers
Accessible and appropriate space shall be
provided for divine services. No person shall
No person without proper authority shall:
conduct himself/herself in a manner that would
a. Have in his/her possession more than
interfere with properly authorized divine
one properly validated Armed Forces
services.
identification card.
b. Depart on liberty without his/her own
510.18 Emergency Equipment
properly validated identification card; or, in the
No person shall use emergency equipment
case of leave, without his/her own properly
for any purpose other than that for which it is
validated leave papers and identification card.
intended. Emergency equipment includes
c. Have in his/her possession a false or
items such as battle lanterns, emergency first
unauthorized identification card; or a
aid boxes, shoring, wrenches, life rings,
mutilated, erased, altered, or not properly
equipment in life rafts and boats, portable fire
validated identification card; or an
pumps, fire hoses, and fuel for emergency
identification card bearing false or inaccurate
machinery.
information concerning a name, grade, service
number, or date of birth.
510.21 Government Property
d. Return from leave without depositing
No person shall:
his/her leave papers with the proper authority.
Any person returning without an identification
a. Conceal or fail to report to proper
authority the loss, removal, destruction, or
card shall report the loss to the OOD in person.
damage of government property entrusted to
510.14 Customs
his/her care or custody.
b. Remove without proper authority from
Upon arrival of a naval unit in United
its regular place of stowage or location, for any
States territory after visiting a foreign port, it is
purpose whatever, any article of government
subject to customs and other inspections by
property, including hull and damage control
Federal authorities.
fittings, first aid equipment, life saving and
emergency equipment, and stores and
a. On such occasions, customs
foodstuffs.
declarations will be distributed to all hands in
sufficient time to be filled out and returned c. Have in his/her possession any article
of government property except as may be
before arrival in port.
necessary for the performance of his/her duty
b. It shall be the duty of all personnel to
or as may be authorized by proper authority.
accurately complete customs declarations prior
to arrival in port.
510.27. Intoxicated Persons
c. No person, without permission from
a. The officer of the deck or the command
the commanding officer, shall bring on board
duty officer shall ensure that the medical officer
any article, animal, or any other thing, the
or a qualified representative shall promptly
introduction of which into U.S. territory is
examine all persons who return on board in an
forbidden or restricted under current
intoxicated condition, or found on board
regulations. intoxicated.
Student Notes:
2-14
b. When restraint is imposed on an administer any narcotics or other controlled
individual, it should be in such a manner as to substances, either to oneself or to another
accomplish the desired degree of restraint with person, except to aid the injured during action
a minimum of force. Attachment of an or emergencies. The medical and dental
officers may authorize certain hospital
individual to a fixed or immovable object
corpsmen and dental technicians to
should only be authorized when all else fails,
administer narcotics and controlled drugs to
and then a continuous guard should be posted
patients in sick bay per the medical and dental
with specific instructions to care for the welfare
officer s prescription.
of the person under restraint in the event of an
emergency.
c. In units to which no medical officer is
attached, all narcotics and dangerous drugs
510.34 Motor Vehicles
shall be in the custody of the controlled
substances custodian, except small quantities
a. No person shall operate a
of necessary narcotics and dangerous drugs that
Government-owned motor vehicle assigned to
may be issued to the leading petty officer in the
a naval unit unless specifically designated to do
medical department. The narcotics and
so by the commanding officer, and then only for
dangerous drugs shall be kept in a
official unit business.
three-combination safe or, if this is not
b. Military personnel operating
possible, under lock and key. All transactions
Government-owned motor vehicles shall
between the bulk custodian and medical
comply with all post, station, local, state, and
department representative shall be receipted
federal directives. U.S. Government operator s
for. Issues from the working stock in the sick
permit is not required for vehicles under one
bay shall be covered by prescription. Narcotics
ton.
and dangerous drugs shall be inventoried
monthly by a special inventory board& .
c. All persons operating Government-
owned motor vehicles assigned to a naval unit
510.44 Photographic Equipment
shall obtain the permission of the OOD before
driving away from the unit and shall report to
No person shall:
the OOD upon return.
a. Possess or introduce on board a naval
unit any camera or other photographic
510.35 Working Stocks of Narcotics
equipment capable of exposing a photographic
All narcotics and other controlled plate or film without permission of the
substances authorized for medical purposes commanding officer or authorized
shall be in the custody of the medical or dental representative.
officer. No one shall have access to this material
b. Make photographs of a naval unit or its
except as prescribed by these officers or the
equipment, or of objects from the unit, without
commanding officer.
permission of the commanding officer, and
a. The medical and dental officers shall
then only of the objects for which permission
supervise in person all receipts and issues of
was specifically given.
narcotics and other controlled substances in
c. While on watch or duty as a sentry or
their custody and shall keep proper records of
member of a patrol, knowingly permit the
all transactions to ensure strict accountability
introduction of any camera or photographic
and detect losses promptly.
equipment on board a naval unit unless such
b. With the exception of medical and equipment is authorized by the commanding
dental officers, no person shall prescribe or officer or authorized representative.
Student Notes:
2-15
UNIFORM CODE OF MILITARY JUSTICE
Article Subject
Until 1951, the various branches of our armed
2 Persons subject to the Code
forces operated under different military codes. The
3 Jurisdiction to try certain persons even
Army s Articles of War guided the administration of
though they have been separated from
discipline and legal processes of the Army and Air
the service
Force. The Navy was guided by the Articles for the
Government of the Navy ( Rocks and Shoals ), and the
7-14 Apprehension and restraint
Coast Guard, by the Disciplinary Laws of the Coast
15 Nonjudicial punishment (captain s
Guard. Not surprisingly, an act considered an offense in
mast)
the eyes of the Navy might not have been judged so in
the Army. Even if an act was a breach of discipline in all
25 Membership of courts-martial
branches of the armed forces, the type of trial and
27 Detail of trial and defense counsel
severity of punishment awarded varied.
A standardized code of military justice was 31 Compulsory self-incrimination
prohibited
recognized as a logical and necessary unification
measure. Secretary of Defense, James Forrestal,
37 Unlawful influence on the court
appointed an interservice committee to study the
measure. After an intensive study, the committee 38 Duties of counsel
drafted what is now known as the Uniform Code of
55 Certain cruel and unusual punishments
Military Justice (UCMJ). The UCMJ was passed by
prohibited
Congress on 5 May 1950, signed into law by the
President, and became effective 31 May 1951.
77-134 Punitive articles
The Manual for Courts-Martial, United States,
137 Articles that must be explained
1951 (MCM), consolidated and standardized military
138 Complaints of wrongs
legal procedures. Effective 31 May 1951, the same date
as the original UCMJ, the MCM became the new
139 Payment for injury or loss of property
standard of military justice. Case decisions of the Court
of Military Appeals and changes in courts-martial
Navy Regulations supplements article 137 of the
procedures have made necessary several changes to the
UCMJ by requiring each command to post the text of
original manual. The current edition is the Manual for
those articles in the preceding list in a conspicuous
Courts-Martial, 1995 Edition.
place. Navy Regs also requires each command to include
Congress and the Navy have taken steps to ensure
these and other appropriate articles of Navy Regulations
you will know the disciplinary laws and regulations
in the command s training and education program.
most likely to affect your daily life. Article 137 of the
Copies of the complete UCMJ (140 articles), Navy
UCMJ states that certain articles of the Code must be
Regulations, and other general orders are available to
explained carefully to every enlisted person at certain
any person who wants to read them.
intervals. They must be explained
Excerpts from the Uniform Code of Military
" at the time the person enters on active duty,
Justice
" after 6 months of active duty, and
The purpose of this section is not to make you an
" when the person reenlists.
expert on the Uniform Code of Military Justice (UCMJ)
In general, these articles concern the following but to give you an overview of each of the articles
topics: prescribed by article 137. Those articles that are
:
2-16
self-explanatory are shown in block quotation as stated
" A reservist ordered into the active military
in the UCMJ; no further explanation is given. Some of
service is subject to the UCMJ beginning on the date
specified in the orders for the reservist to report for
the more lengthy articles have been shortened to present
active duty.
only portions of these articles. Articles that are lengthy
and, in some cases, difficult to interpret are paraphrased
" The United States Supreme Court has held
(rewritten) to give you a brief overview of what the
unconstitutional the exercise of court-martial
jurisdiction over civilians in time of peace.
article contains.
Art. 3. Jurisdiction to Try Certain Personnel
NOTE
Article 3 states that a person may be tried by
In this section of the chapter, the words  he,
court-martial, even after leaving the service, for
 his, and  him do not indicate gender and are
offenses committed while subject to the UCMJ.
used for economy of communication.
Art. 7. Apprehension
Art. 2. Persons Subject to this Code
(a) Apprehension is the taking of a person
The following persons are subject to this
into custody.
code:
(b) Any person authorized under
(1) Members of a regular component of
regulations governing the armed forces to
the armed forces, including those awaiting
apprehend persons subject to this code or to
discharge after expiration of their terms of
trial thereunder may do so upon reasonable
enlistment; volunteers from the time of their
belief that an offense has been committed and
muster or acceptance into the armed forces;
that the person apprehended committed it.
inductees from the time of their actual
induction into the armed forces; and other
(c) Commissioned officers, warrant
persons lawfully called or ordered into, or to
officers, petty officers, and noncommissioned
duty in or for training in, the armed forces, from
officers have authority to quell quarrels, frays,
the dates when they are required by the terms of
and disorders among persons subject to this
the call or order to obey it.
code and to apprehend persons subject to this
code who take part therein.
This article includes all persons on active duty,
certain retired persons, prisoners, and prisoners of war.
Enlisted persons performing police duties should
not apprehend an officer except on specific orders of a
You should specifically note the following
commissioned officer. The exception is when such
provisions of article 2:
apprehension is necessary to prevent disgrace to the
service, the commission of a serious offense, or the
" Any person serving a sentence imposed by a
escape of one who has committed a serious offense. In
court-martial remains subject to the UCMJ. Thus a
such cases, the apprehending individual immediately
prisoner who is serving a court-martial sentence may be
notifies the officer to whom he or she is responsible or an
tried for a crime committed while a prisoner. This
officer of the security police, military police, or shore
applies even though the prisoner s term of enlistment
patrol.
has expired at the time of commission of the crime.
An apprehension is effected by clearly notifying the
" A reservist on inactive-duty training is subject to
offender that he/she is thereby taken into custody. The
the UCMJ when (a) the training is authorized by written
order may be oral or written.
orders; (b) the orders are voluntarily accepted by the
reservist; and (c) the orders specify that the reservist is A clear distinction exists between the authority to
subject to the UCMJ. apprehend and the authority to arrest or confine (article
Student Notes:
2-17
9). Any person empowered to apprehend an offender, (e) Nothing in this article limits the
however, is authorized to secure the custody of an authority of persons authorized to apprehend
alleged offender until proper authority may be notified. offenders to secure the custody of an alleged
offender until proper authority may be notified.
Art. 8. Apprehension of Deserters
Art. 10. Restraint of Persons Charged with
Any civil officer having authority to Offenses
apprehend offenders under the laws of the
Any person subject to this chapter charged
United States or of a State, Territory,
with an offense under this chapter shall be
Commonwealth, or possession, or the District
ordered into arrest or confinement, as
of Columbia may summarily apprehend a
circumstances may require; but when charged
deserter from the armed forces and deliver him
only with an offense normally tried by a
into the custody of those forces.
summary court-martial, he shall not ordinarily
When a military service sends out a description of a
be placed in confinement. When any person
deserter, with a request for the deserter s apprehension,
subject to this chapter is placed in arrest or
the notice gives civil officers the authority to apprehend
confinement prior to trial, immediate steps
the person.
shall be taken to inform him of the specific
wrong of which he is accused and to try him or
Art. 9. Imposition of Restraint
to dismiss the charges and release him.
(a) Arrest is the restraint of a person by an
As the words normally and ordinarily imply, the
order not imposed as a punishment for an
provisions of this article may not apply in exceptional
offense, directing him to remain within certain
cases. Whether to confine, arrest, or restrict a person in
specified limits. Confinement is the physical
lieu of arrest is with the discretion of the officer having
restraint of a person.
the power to do so. What this article says, in effect, is
that in most instances confinement is not necessary for
(b) An enlisted member may be ordered
persons accused of minor offenses.
into arrest or confinement by any
commissioned officer by an order, oral or
Art. 11. Reports and Receiving of Prisoners
written, delivered in person or through other
persons subject to this code. A commanding
(a) No provost marshal, commander of a
officer may authorize warrant officers, petty
guard, or master-at-arms may refuse to receive
officers, or noncommissioned officers to order
or keep any prisoner committed to his charge by
enlisted members of his command or subject to
a commissioned officer of the armed forces,
his authority into arrest or confinement.
when the committing officer furnishes a
(c) A commissioned officer, a warrant statement, signed by him, of the offense
officer, or a civilian subject to this code or to
charged against the prisoner.
trial thereunder may be ordered into arrest or
(b) Every commander of the guard or
confinement only by a commanding officer to
master-at-arms to whose charge a prisoner is
whose authority he is subject, by an order, oral
committed shall, within twenty-four hours after
or written, delivered in person or by another
that commitment or as soon as he is relieved
commissioned officer. The authority to order
from guard, report to the commanding officer
such persons into arrest or confinement may not
the name of the prisoner, the offense charged
be delegated.
against him, and the name of the person who
(d) No person may be ordered into arrest
ordered or authorized the commitment.
or confinement except for probable cause.
An arrest is imposed by notifying the person to be
arrested that the person is under arrest and informing the
Student Notes:
2-18
person of the limits of the arrest. The order of arrest may delivery, if followed by conviction in a civil
be oral or written. A person to be confined is placed
tribunal, interrupts the execution of the
under guard and taken to the place of confinement.
sentence of the court-martial, and the offender
after having answered to the civil authorities for
Art. 12. Confinement with Enemy Prisoners
this offense shall, upon the request of
Prohibited
competent military authority, be returned to
military custody for the completion of his
No member of the armed forces may be
placed in confinement in immediate sentence.
association with enemy prisoners or other
Art. 15. Commanding Officer s Nonjudicial
foreign nationals not members of the armed
Punishment
forces.
Members of the armed forces may be confined in
Article 15 explains commanding officers
the same jails, prisons, or other confinement facilities,
nonjudicial punishment. For some offenses,
however, so long as they are separated from the other
commanders may offer an article 15 instead of
categories mentioned.
court-martial. If accepted, the commander may impose
punishment as permitted by regulations (usually at
Art. 13. Punishment Prohibited Before Trial
captain s mast). Receiving an article 15 is not a
conviction, and it does not give a person a criminal
No person, while being held for trial, may
record. This article will be explained in greater detail
be subjected to punishment or penalty other
later in this chapter under  Nonjudicial Punishment.
than arrest or confinement upon the charges
pending against him, nor shall the arrest or
Art. 25. Who May Serve on Courts-Martial
confinement imposed upon him be any more
rigorous than the circumstances required to
Any commissioned officer, including
ensure his presence, but he may be subjected to
commissioned warrant officers, on active duty with the
minor punishment during that period for
armed forces is eligible to serve on a court-martial. Any
infractions of discipline.
warrant officer on active duty with the armed forces is
eligible to serve on a general court-martial (GCM) and
The minor punishment permitted under article 13
special court-martial (SPCM) for the trial of any person,
includes that authorized for violations of discipline set
other than a commissioned officer. Any enlisted person
forth by the place in which the person is confined. The
on active duty with the armed forces who is not a
article does not prevent a person from being required to
member of the same unit as the accused is eligible to
do ordinary cleaning or policing or from taking part in
serve on general and special courts-martial for the trial
routine training and duties not involving the bearing of
of enlisted persons. However, enlisted personnel may
arms.
serve as a member of a court-martial only if, before the
assembling of such court, the accused has personally
Art. 14. Delivery of Offenders to Civil
requested in writing that enlisted personnel serve as
Authorities
members of the court.
(a) Under such regulations as the
Art. 27. Detail of Trial Counsel and Defense
Secretary concerned may prescribe, a member
Counsel
of the armed forces accused of an offense
against civil authority may be delivered, upon
Each general and special court-martial must have a
request, to the civil authority for trial.
trial counsel and a defense counsel, with such assistants
(b) When delivery under this article is as the convening authority deems necessary. The terms
made to any civil authority of a person counsel, trial counsel, and defense counsel should be
undergoing sentence of a court-martial, the interpreted to mean the detailed counsel named in the
Student Notes:
2-19
convening order. The term individual counsel refers to
" You cannot be forced to answer questions or give
the military counsel selected by the accused or the evidence that may help to prove your guilt.
civilian counsel provided by the accused at his/her own
" You must be told the nature of the offense of
expense.
which you are accused; that you do not have to
make any statement; and that if you do, it can be
The trial counsel and defense counsel detailed for a
used against you.
general court-martial must have equivalent legal
qualifications. Each must be a judge advocate of the
" You cannot be forced to make a statement or give
Army, Navy, Air Force, or Marine Corps who is a
evidence in a trial that is not related to the case or
graduate of an accredited law school or is a member of that may degrade you.
the bar of a federal court or of the highest court of a state.
" No statement obtained from you by threats or
Each must be certified as competent to perform such
trickery can be used against you in a
duties by the Judge Advocate General of the armed
court-martial trial.
forces of which he/she is a member. A civilian counsel
Art. 37. Unlawfully Influencing Action of
must be a member of the bar of a federal court or of the
Court
highest court of a state.
In a special court-martial, the accused must be (a) No authority convening a general,
special, or summary court-martial, nor any
afforded the opportunity to be represented by counsel
other commanding officer, may censure,
qualified under article 27, UCMJ, unless such counsel
reprimand, or admonish the court or any
cannot be obtained because of the geographical location
member, military judge, or counsel thereof,
or pressing military requirements. If qualified defense
with respect to the findings or sentence
counsel cannot be obtained, the court may be convened
adjudged by the court, or with respect to any
and the trial held. The convening authority makes a
other exercise of its or his functions in the
written statement that states why qualified counsel
conduct of the proceedings. No person subject
cannot be obtained. The following conditions must be
to this chapter may attempt to coerce or, by any
met:
unauthorized means, influence the action of a
court-martial or any other military tribunal or
" If the detailed trial counsel or any assistant trial
any member thereof, in reaching the findings
counsel is qualified to act as counsel before a
or sentence in any case, or the action of any
general court-martial, the defense counsel must
convening, approving, or reviewing authority
be a qualified person; and
with respect to his judicial acts.
" If the detailed trial counsel or any assistant trial
Article 37 is designed to ensure that every court,
counsel is a judge advocate or a member of the
its members, and its officers are completely free to
bar of a federal court or the highest court of a
fulfill their functions without fear of reprisal.
state, the defense counsel detailed by the
convening authority must be one of the
Art. 38. Duties of Trial Counsel and Defense
foregoing.
Counsel
Art. 31. Compulsory Self-Incrimination
The trial counsel prosecutes in the name of the
Prohibited
United States and, under the direction of the court,
prepares the record of proceedings. The duties of the
Article 31 explains your rights not to provide
trial counsel might be compared to those of a civil
evidence against yourself (self-incrimination), a right
district attorney. The prosecution must prove beyond a
given to all citizens under the Fifth Amendment to the
reasonable doubt the guilt of the accused for each
U.S. Constitution. The following statements explain
offense charged. Of course, such burden of proof is
your rights against self-incrimination:
Student Notes:
2-20
relieved by a plea of guilty. The many duties of the trial other hand, if unscrupulous dealers are gouging you, see
counsel vary widely beginning at the time of assignment your legal officer for assistance.
to the trial. The duties change throughout the
The punitive articles that follow are those that you
preparation for trial, the trial itself, and the preparation
are required to know. If you have any questions about
and disposition of the record of trial.
their meaning, ask your division officer for guidance.
All accused persons have the right to be represented
Art. 77. Principals
before special and general courts-martial by defense
counsel. This counsel may be a civilian or military
The mere fact that a person is at the scene of a crime
lawyer selected by the accused or the convening
does not make the person a principal. To be a principal
authority may appoint a defense counsel. If a civilian
of a crime, the person must be guilty of intent to aid or
counsel is selected, the accused must pay the counsel s
encourage the person(s) who committed the crime.
expenses. If the accused prefers to select a civilian
counsel, the detailed counsel and assistant counsel act A person who witnesses a crime can be a principal.
as associate counsel if the accused so desires; otherwise, Evidence must show the witness had a duty to interfere
and the witness s noninterference was intended to
they may be excused.
operate and did operate to encourage or protect the
Art. 55. Cruel and Unusual Punishments
perpetrator.
Prohibited
A person may be a principal even though not at the
scene of the crime if he/she commanded, advised, or
Article 55 prohibits any cruel or unusual
obtained another person to commit an offense.
punishment. In particular, courts-martial are forbidden
to award sentences that include flogging, branding,
Art. 78. Accessory After the Fact
marking, or tattooing the body. The use of irons is also
prohibited except for the purpose of safe custody.
Any person subject to this chapter who,
knowing that an offense punishable by this
Punitive Articles of the UCMJ
chapter has been committed, receives,
comforts, or assists the offender in order to
The punitive articles of the UCMJ are those
hinder or prevent his apprehension, trial, or
numbered 77 through 134. They are the laws of
punishment shall be punished as a court-martial
Congress telling you what you must do and must not do,
may direct.
under pain of punishment.
A person who voluntarily gives an escaped prisoner
What about civil laws? Can you be given military
provisions that permit him/her to avoid pursuers
punishment for nonmilitary offenses? Yes, you can. For
becomes an accessory after the fact to the prisoner s
example, the only UCMJ regulations against
escape. Provisions include transportation, clothing,
drunkenness are for drunken driving and being drunk on
money, or any other necessities.
duty. Many civilian communities, though, have laws
against public intoxication. If you are found guilty in
Art. 79. Conviction of Lesser Included Offense
civil court and spend time in jail for public intoxication,
the Navy can try you for being absent without leave
An accused may be found guilty of an
(UCMJ, article 86) and for bringing discredit upon the
offense necessarily included in the offense
Navy (UCMJ, article 134).
charged or of an attempt to commit either the
offense charged or an offense necessarily
If you willfully refuse to pay just debts, you will be
included therein.
warned to pay them by your commanding officer.
Continued failure to pay your debts can lead to an Examples of what generally are held to be
undesirable type of discharge. The Navy has no use for lesser-included offenses contained in a principal
people who don t exhibit integrity and honesty. On the offense include the following:
Student Notes:
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attempt to commit larceny, even though the pocket is
empty.
ART PRINCIPAL ART LESSER
OFFENSE INCLUDED
Art. 81. Conspiracy
OFFENSE
Conspiracy is defined as an agreement between two
94 Mutiny 92 Failure to obey
or more persons to commit a crime. Conspiracy refers to
order or regulation
such a plan by a group whose intent usually is to commit
94 Sedition 116 Riot or breach of
a crime of a bold nature, such as overthrowing a
peace
government.
The agreement in a conspiracy need not be formal.
95 Resistance, 134 General article
The agreement need only be a common understanding
breach of
in the minds of the parties to accomplish the objective of
arrest, and
the conspiracy.
escape
118 Murder 119 Manslaughter
Art. 82. Solicitation
122 Robbery 121 Larceny and
(a) Any person subject to this chapter who
wrongful
solicits or advises another or others to desert in
appropriation
violation of& (article 85) or mutiny in violation
of& (article 94) shall, if the offense solicited or
124 Maiming 128 Assault
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
Art. 80. Attempts
attempted, he shall be punished as a
court-martial may direct.
(a) An act, done with specific intent to
commit an offense under this chapter,
(b) Any person subject to this chapter who
amounting to more than mere preparation and
solicits or advises another or others to commit
tending, even though failing, to effect its
an act of misbehavior before the enemy in
commission, is an attempt to commit that
violation of& (article 99) or sedition in
offense.
violation of& (article 94) shall, if the offense
solicited or advised is committed, be punished
(b) Any person subject to this chapter who
with the punishment provided for the
attempts to commit any offense punishable by
commission of the offense, but, if the offense
this chapter shall be punished as a court-martial
solicited or advised is not committed, he shall
may direct, unless otherwise specifically
be punished as a court-martial may direct.
prescribed.
Solicitation may be accomplished by other means
(c) Any person subject to this chapter may
than by word of mouth or by writing. Any act or conduct
be convicted of an attempt to commit an offense
that may reasonably be considered as a serious request
although it appears on the trial that the offense
or advice to commit one of the offenses named in the
was consummated.
article may constitute solicitation. The accused may act
An accused may be guilty of an attempt even though
through other persons in committing this offense.
the crime turns out to be impossible to commit because
of an outside intervening circumstance. For example, a
pickpocket who puts a hand in the pocket of another
person with the intent to steal a billfold is guilty of an
Student Notes:
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Art. 83. Fraudulent Enlistment, Appointment,
The status of an absentee changes to that of a
or Separation deserter after 30 days of absence, or sooner if the intent
to desert is apparent. For example, suppose a Navy
Any person who:
member goes ashore without permission, taking all
personal belongings and announcing to shipmates that
(1) procures his own enlistment or
he/she is leaving the service for good. That person could
appointment in the armed forces by knowingly
be immediately declared a deserter.
false representation or deliberate concealment
as to his qualifications for that enlistment or
After an individual is declared a deserter,
appointment and receives pay or allowances
notification is forwarded to the next of kin, the deserter s
thereunder; or
hometown police, and various other law enforcement
(2) procures his own separation from the agencies, including the FBI. Deserters are nearly
armed forces by knowingly false representation
always caught and identified because of nationwide
or deliberate concealment as to his eligibility
fingerprinting and identification practices.
for that separation;
Furthermore, expenses incurred in the return of the
deserter to military control are chargeable to the
shall be punished as a court-martial may direct.
returned absentee.
An essential element of the offense of fraudulent
The effects of desertion can be many; some can be
enlistment or appointment is that the accused shall have
severe. If tried and convicted of desertion, the deserter is
received pay or allowances while under that enlistment
almost certainly imprisoned; in time of war, the deserter
or appointment. Acceptance of food, clothing, shelter,
may be executed. A person whose conviction of
or transportation from the government constitutes
desertion in time of war results in a dishonorable
receipt of allowances.
discharge can never hold any office of trust or profit in
After apprehension, an accused charged with
the United States government.
having fraudulently obtained separation from a branch
of the armed forces is subject to the UCMJ. The accused Art. 86. Absence without Leave
is subject to the UCMJ while in the custody of the armed
Any member of the armed forces who,
forces and while awaiting trial for the fraudulent
without authority
separation.
(1) fails to go to his appointed place of
Art. 84. Unlawful Enlistment, Appointment, or
duty at the time prescribed;
Separation
(2) goes from that place; or
Any person subject to this chapter who
(3) absents himself or remains absent
effects an enlistment or appointment in or a
from his unit, organization, or place of duty at
separation from the armed forces of any person
which he is required to be at the time
who is known to him to be ineligible for that
prescribed;
enlistment, appointment, or separation because
it is prohibited by law, regulation, or order shall
shall be punished as a court-martial may direct.
be punished as a court-martial may direct.
This article covers every case not provided for in the
other punitive articles in which an armed forces
Art. 85. Desertion
member, through that member s own fault, is not in a
required location at a specified time. As opposed to
Members of the armed forces who, without
desertion, whether or not the member intended to
permission, leave their place of duty or organization
with the intent to remain away permanently are guilty of remain away makes no difference. The intent is
desertion.
expressed by the member s absence.
Student Notes:
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Art. 90. Assaulting or Willfully Disobeying
Make sure you avoid the bad habit of taking the last
Superior Commissioned Officer
bus, train, or plane when returning from leave. Always
allow time for unexpected delays.
Any person subject to this chapter who
Art. 87. Missing Movement
(1) strikes his superior commissioned
officer or lifts up any weapon or offers any
Any person subject to this chapter who
violence against him while he is in the
through neglect or design misses the movement
execution of his office; or
of a ship, aircraft, or unit with which he is
(2) willfully disobeys a lawful command
required in the course of duty to move shall be
of his superior commissioned officer;
punished as a court-martial may direct.
Provisions of article 87 should be self-explanatory.
shall be punished, if the offense is committed in
However, note that the violator, to be found guilty, need
time of war, by death or such other punishment
as a court-martial may direct, and if the offense
not have known the exact hour or even the exact date of
is committed at any other time, by such
the scheduled movement. If a person had knowledge of
punishment, other than death, as a court-martial
only the approximate date, the court may convict the
may direct.
absentee on the charge of missing movement. Missing
An officer is in the  execution of his office when
movement is a serious offense in the Navy. It leaves the
performing any act the officer is required or authorized
ship shorthanded and requires someone else to do the
to do. Note that the article is not confined to striking a
absentee s work and stand the absentee s watches.
superior commissioned officer; it takes in brandishing a
weapon or waving a fist at that officer.
Art. 88. Contempt Toward Officials
Willful disobedience, as used here, means
Any commissioned officer who uses intentional defiance of a lawful order. You must
contemptuous words against the President, the
presume that any order given by an officer is legal. If you
Vice President, Congress, the Secretary of
disobey because you think otherwise, you do so at your
Defense, the Secretary of a military
own risk. It is better to do your questioning after you
department, the Secretary of the Treasury, or
have carried out the order.
the Governor or legislature of any State,
Territory, Commonwealth, or possession in
Art. 91. Insubordinate Conduct Toward
which he is on duty or present shall be punished
Warrant Officer, Noncommissioned Officer, or
as a court-martial may direct.
Petty Officer
Art. 89. Disrespect Toward Superior
Any warrant officer or enlisted member
Commissioned Officer
who
Any person subject to this chapter who
(1) strikes or assaults a warrant officer,
behaves with disrespect toward his superior
noncommissioned officer, or petty officer,
commissioned officer shall be punished as a
while that officer is in execution of his office;
court-martial may direct.
(2) willfully disobeys the lawful order of a
A superior commissioned officer is a commissioned
warrant officer, noncommissioned officer, or
officer that is superior in rank or command. Disrespect
petty officer; or
includes insulting words, insolence, impertinence,
(3) treats with contempt or is
undue familiarity or other rudeness, and failing to
disrespectful in language or deportment toward
salute. a warrant officer, noncommissioned officer, or
Student Notes:
2-24
petty officer, while that officer is in the duties efficiently, but performed them inefficiently
nevertheless.
execution of his office;
Art. 93. Cruelty and Maltreatment
shall be punished as a court-martial may direct.
Any person subject to this chapter who is
This article has the same general objectives with
guilty of cruelty toward, or oppression or
respect to warrant officers, noncommissioned officers,
maltreatment of, any person subject to his
and petty officers as articles 89 and 90 have with respect
orders shall be punished as a court-martial may
to commissioned officers. Namely, it ensures obedience
direct.
to their lawful orders and protects them from violence,
insult, or disrespect.
The cruelty, oppression, or maltreatment must be
real, although not necessarily physical. To assault and to
Art. 92. Failure to Obey Order or Regulation
subject to improper punishment are examples of this
offense. The assignment of necessary or proper duties
Any person subject to this chapter who
and the requirement for their correct performance will
(1) violates or fails to obey any lawful not constitute this offense even though such duties may
be arduous and/or hazardous.
general order or regulation;
(2) having knowledge of any other lawful
Art. 94. Mutiny or Sedition
order issued by a member of the armed forces,
(a) Any person subject to this chapter
which it is his duty to obey, fails to obey the
who
order; or
(1) with intent to usurp or override
(3) is derelict in the performance of his
lawful military authority, refuses, in concert
duties;
with any other person, to obey orders or
otherwise do his duty or creates any violence
shall be punished as a court-martial may direct. or disturbance is guilty of mutiny;
A general order or regulation is one that applies (2) with intent to cause the overthrow
generally to an armed force. The President or the or destruction of lawful civil authority,
Secretary of Defense, the Secretary of Transportation, creates, in concert with any other person,
or the Secretary of a military department may issue it. revolt, violence, or disturbance against that
An officer having general court-martial jurisdiction, a authority is guilty of sedition;
general or flag officer in command, or a commander
(3) fails to do his utmost to prevent and
superior to one of these may also issue it.
suppress a mutiny or sedition being
Disobedience of  any other lawful order requires committed in his presence, or fails to take all
that the person must have had a duty to obey the order reasonable means to inform his superior
and must have had knowledge of the order. An accused commissioned officer or commanding officer
may be charged with disobedience of the lawful order of of a mutiny or sedition which he knows or has
one not a superior, provided the accused had a duty to reason to believe is taking place, is guilty of a
obey such order. Examples are lawful orders of a failure to suppress or report a mutiny or
sentinel or of members of the armed forces police. sedition.
Dereliction in the performance of duties occurs (b) A person who is found guilty of
when a person willfully or negligently fails to perform attempted mutiny, mutiny, sedition, or failure to
them or performs them in a culpably inefficient manner. suppress or report a mutiny or sedition shall be
To be guilty of inefficiency, an accused must have had punished by death or such other punishment as
the ability and opportunity to perform the assigned a court-martial may direct.
Student Notes:
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Art. 95. Resistance, Breach of Arrest, and
(3) through disobedience, neglect, or
Escape
intentional misconduct endangers the safety of
any such command, unit, place, or military
Any person subject to this chapter who
property;
resists apprehension or breaks arrest or who
(4) casts away his arms or ammunition;
escapes from custody or confinement shall be
punished as a court-martial may direct.
(5) is guilty of cowardly conduct;
(6) quits his place of duty to plunder or
Art. 96. Releasing Prisoner without Proper
pillage;
Authority
(7) causes false alarms in any command,
Any person subject to this chapter who,
unit, or place under control of the armed forces;
without proper authority, releases any prisoner
(8) willfully fails to do his utmost to
committed to his charge, or who through
encounter, engage, capture, or destroy any
neglect or design suffers any such prisoner to
enemy troops, combatants, vessels, aircraft, or
escape, shall be punished as a court-martial
may direct, whether or not the prisoner was any other thing, which it is his duty so to
committed in strict compliance with law.
encounter, engage, capture, or destroy; or
(9) does not afford all practicable relief
Art. 97. Unlawful Detention
and assistance to any troops, combatants,
vessels, or aircraft of the armed forces
Any person subject to this chapter who,
belonging to the United States or their allies
except as provided by law, apprehends, arrests,
or confines any person shall be punished as a when engaged in battle;
court-martial may direct.
shall be punished by death or such other
Art. 98. Noncompliance with Procedural Rules
punishment as a court-martial may direct.
Any person subject to this chapter who
Art. 100. Subordinate Compelling Surrender
(1) is responsible for unnecessary delay in
Any person subject to this chapter who
the deposition of any case of a person accused
compels or attempts to compel the commander
of an offense under this chapter; or
of any place, vessel, aircraft, or military
(2) knowingly and intentionally fails to
property, or of any body of members of the
enforce or comply with any provision of this
armed forces, to give it up to an enemy or to
chapter regulating the proceedings before,
abandon it, or who strikes the colors or flag to
during, or after trial of an accused;
any enemy without proper authority, shall be
punished by death or such other punishment as
shall be punished as a court-martial may direct.
a court-martial may direct.
Although these offenses are similar to mutiny, they
Art. 99. Misbehavior before the Enemy
do not require concert of action. The compulsion to
Any person subject to this chapter who surrender must be by acts, rather than words. To  strike
before or in the presence of the enemy the colors or flag is to surrender. The offense is
committed by anyone subject to the UCMJ who
(1) runs away;
assumes the authority to surrender a military force or
(2) shamefully abandons, surrenders, or
position when that person is not authorized to do so
delivers up any command, unit, place, or
either by competent authority or by the necessities of
military property, which it is his duty to defend;
battle.
Student Notes:
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Art. 101. Improper Use of Countersign
(1) fails to carry out the duties
prescribed in subsection (a);
Any person subject to this chapter who in
(2) buys, sells, trades, or in any way
time of war discloses the parole or countersign
to any person not entitled to receive it or who
deals in or disposes of captured or abandoned
gives to another who is entitled to receive and
property, whereby he receives or expects any
use the parole or countersign a different parole
profit, benefit, or advantage to himself or
or countersign from that which, to his
another directly or indirectly connected with
knowledge, he was authorized and required to
himself; or
give, shall be punished by death or such other
punishment as a court-martial may direct.
(3) engages in looting or pillaging;
A countersign is a word designated by the principal
headquarters of a command to aid guards and sentinels
shall be punished as a court-martial may
in their scrutiny of persons who apply to pass the lines.
direct.
It consists of a secret challenge and a password. A
parole is a word used as a check on the countersign; it is Immediately upon its capture from the enemy,
imparted only to those who are entitled to inspect
public property becomes the property of the United
guards and to commanders of guards.
States. Persons subject to military law have an
immediate duty to take those steps within their power
Art. 102. Forcing a Safeguard
and functions to secure such property to the service of
Any person subject to this chapter forces a
the United States. They then have the duty to protect
safeguard shall suffer death or such other
that property from destruction or loss.
punishment as a court-martial may direct.
A safeguard is a detachment, guard, or detail Art. 104. Aiding the Enemy
posted by a commander. It protects persons, places, or
Any person who
property of the enemy or of a neutral affected by the
relationship of the opposing forces in their prosecution
(1) aids, or attempts to aid, the enemy
of war or during a state of conflict. The term also
with arms, ammunition, supplies, money or
includes a written order left by a commander with an
other things; or
enemy subject or posted upon enemy property for the
protection of the individual or property concerned. The
(2) without proper authority, knowingly
effect of a safeguard is a pledge of honor by a nation
harbors or protects or gives intelligence to, or
that its armed force will respect the person or property
communicates or corresponds with or holds
concerned.
any intercourse with the enemy, either directly
or indirectly;
Art. 103. Captured or Abandoned Property
shall suffer death or such other punishment as a
(a) All persons subject to this chapter will
secure all public property taken from the court-martial or military commission may
enemy for the service of the United States, and
direct.
shall give notice and turn over to the proper
This article applies to all persons whether or not
authority without delay all captured or
they are otherwise subject to military law. Enemy
abandoned property in their possession,
custody, or control. denotes citizens as well as members of military
organizations. All the citizens of hostile nations, as
(b) Any person subject to this chapter
who well as their government, are our enemies.
Student Notes:
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Art. 105. Misconduct as Prisoner
spacecraft or satellites, early warning systems,
or other means of defense or retaliation against
Any person subject to this chapter who,
large scale attack, war plans, communications
while in the hands of the enemy in time of
intelligence or cryptographic information, or
war
any other major weapons system or major
(1) for the purpose of securing favorable
element of defense strategy, the accused shall
treatment by his captors acts without proper
be punished by death or such other punishment
authority in a manner contrary to law, custom,
as a court-martial may direct.
or regulation, to the detriment of others of
The term entity can be any of the following:
whatever nationality held by the enemy as
civilian or military prisoners; or
" A foreign government
(2) while in a position of authority over
" A faction or party or military force within a
such persons maltreats them without justifiable
foreign country&
cause; shall be punished as a court-martial may
direct.
" A representative, officer, agent, & . of such
government, faction, party, or force
Art. 106. Spies
Art. 107. False Statements
Any person who in time of war is found
lurking as a spy or acting as a spy in or about
Any person subject to this chapter who,
any place, vessel, or aircraft, within the control
with intent to deceive, signs any false record,
or jurisdiction of any of the armed forces, or in
return, regulation, order, or other official
or about any shipyard, any manufacturing or
document, knowing it to be false, or makes any
industrial plant, or any other place or institution
other false official statement knowing it to be
engaged in work in aid of the prosecution of the
false, shall be punished as a court-martial may
war by the United States, or elsewhere, shall be
direct.
tried by a general court-martial or by a military
commission and on conviction shall be
Several articles of the UCMJ provide for the
punished by death.
punishment of untruths: articles 83 and 84 (fraudulent
and unlawful enlistment, appointment, or separation),
The words any person brings within the jurisdiction
article 107 (false statements), article 131 (perjury), and
of courts-martial and military commissions all persons
article 132 (fraud). You can see how highly truth is
of whatever nationality or military or civilian who
regarded in the military service.
commit the offense of spying.
A statement, whether oral or in writing, is official
Art. 106a. Espionage
when it is made pursuant to regulations. A statement is
also official when made in response to a request or
Any person subject to this chapter who,
question from one s commanding officer or a person
with intent or reason to believe that it is to be
acting under the commanding officer s authority.
used to the injury of the United States or to the
Official statements thus include all those made in the
advantage of a foreign nation, communicates,
line of duty.
delivers, or transmits, or attempts to
communicate, deliver, or transmit, to any entity
Art. 108. Military Property of the United
described & either directly or indirectly, any
States Loss, Damage, Destruction, or
thing described & shall be punished as a
Wrongful Disposition
court-martial may direct, except that if the
accused is found guilty of an offense that Any person subject to this chapter who, without
directly concerns nuclear weaponry, military proper authority
Student Notes:
2-28
(1) sells or otherwise disposes of; shall suffer death or such punishment as a
court-martial may direct.
(2) willfully or through neglect damages,
destroys, or loses; or (b) Any person subject to this chapter who
negligently hazards or suffers to be hazarded
(3) willfully or through neglect suffers to
any vessel of the armed forces shall be
be lost, damaged, sold, or wrongfully disposed
punished as a court-martial may direct.
of;
The word suffers means to allow or permit. A
person suffers a ship to be hazarded who, although not
any military property of the United States,
in direct control of the vessel, knows a danger to be
shall be punished as a court-martial may
imminent but takes no steps to prevent it. For example,
direct.
a plotting officer of a ship under way inadvertently fails
Whether the property in question was issued to the
to report observation of a radar target on a collision
accused, whether it was issued to someone other than
course with, and dangerously close to, the ship. The
the accused, or whether it was issued at all is
officer has negligently suffered the ship to be hazarded.
immaterial.
Art. 111. Drunken or Reckless Driving
Willful means intentional. Neglect means
inattention to duty or failure to take action that, under
Any person subject to this chapter who
the circumstances, should have been taken to prevent
operates any vehicle while drunk, or in a
the loss, destruction, or damage of any military
reckless or wanton manner, or while impaired
property.
by a substance described in& (article
112a(b)), shall be punished as a court-martial
Art. 109. Property Other Than Military
may direct.
Property of United States Waste, Spoilage,
or Destruction
Operating a vehicle includes not only driving or
guiding it while in motion, it also includes starting it or
Any person subject to this chapter who
manipulating its controls to cause the vehicle to move.
willfully or recklessly wastes, spoils, or
The term vehicle applies to all types of land
otherwise willfully and wrongfully destroys or
transportation, whether motor-driven or passenger
damages any property other than military
carrying. Drunken or reckless operation of water or air
property of the United States shall be punished
transportation may be charged as a violation of article
as a court-martial may direct.
134. For the meaning of drunk(en), see the remarks
following article 112.
Wastes and spoils refer to wrongful acts of
voluntary destruction, such as burning down buildings,
Art. 112. Drunk on Duty
burning piers, tearing down fences, or cutting down
trees. To be destroyed, property need be only
Any person subject to this chapter, other
sufficiently damaged to be useless for the purpose for
than a sentinel or lookout, who is found drunk
which it was intended. Damage consists of any
on duty, shall be punished as a court-martial
physical injury to the property. The property must be
may direct.
other than military property of the United States and
must belong to one other than the accused.
The term on duty in article 112 refers to routine or
detailed duties on board a ship or station. The term does
Art. 110. Improper Hazarding of Vessel
not cover periods of leave or liberty (which come under
a different article), but does include duties of a standby
(a) Any person subject to this chapter who
nature. A person whose mental or physical abilities are
willfully and wrongfully hazards or suffers to
impaired by either liquor or drugs may be considered
be hazarded any vessel of the armed forces drunk.
Student Notes:
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Art. 112a. Wrongful Use, Possession, etc., of
covers periods when you are performing any other duty
Controlled Substances
that requires you to remain alert at all times.
(a) Any person subject to this chapter who
A sentinel on post who is found asleep or drunk is
wrongfully uses, possesses, manufactures,
guilty of a serious offense. In time of war, the offense
distributes, imports into the customs territory of
may be punishable by death. For persons in the armed
the United States, exports from the United
forces, drunkenness is prejudicial to good order and
States, or introduces into an installation, vessel,
discipline whenever and wherever it appears. Being
vehicle, or aircraft used by or under the control
of the armed forces a substance described in
drunk in public, whether a person is in uniform or
subsection (b) shall be punished as a
civilian clothes, may bring discredit upon the service,
court-martial may direct.
while being drunk on station is a breach of military
(b) The substances referred to in
discipline. But being drunk while on duty as a sentinel
subsection (a) are the following:
or lookout in time of war endangers every person in the
(1) Opium, heroin, cocaine,
command.
amphetamine, lysergic acid diethylamide
[LSD], methamphetamine, phencyclidine,
Art. 114. Dueling
barbituric acid, and marijuana and any
compound or derivative of any such Any person subject to this chapter who
substance. fights or promotes, or is concerned in or
connives at fighting a duel, or who, having
(2) Any substance not specified in
knowledge of a challenge sent or about to be
clause (1) that is listed on a schedule of
sent, fails to report the fact promptly to the
controlled substances prescribed by the
proper authority, shall be punished as a
President for the purposes of this article.
court-martial may direct.
(3) Any other substance not specified
in clause (1) or contained on a list prescribed Art. 115. Malingering
by the President under clause (2) that is listed
Any person subject to this chapter who for
in schedules I through V of section 202 of the
the purpose of avoiding work, duty, or
Controlled Substances Act (21 U.S.C. 812).
service
Don t do drugs! Just say NO!
(1) feigns illness, physical disablement,
Art. 113. Misbehavior of Sentinel mental lapse or derangement; or
(2) intentionally inflicts self-injury;
Any sentinel or lookout who is found drunk
or sleeping upon his post, or leaves it before
shall be punished as a court-martial may direct.
being regularly relieved, shall be punished, if
the offense is committed in time of war, by
Malingering is an offense defined as any act to
death or such other punishment as a
avoid duty by feigning (pretending) to be ill or
court-martial may direct, but if the offense is at
physically/mentally disabled.
any other time, by such punishment other than
death as a court-martial may direct.
Art. 116. Riot or Breach of Peace
Some actual or imaginary line does not limit a post,
nor is it confined to those times when you may be on Any person subject to this chapter who
watch as a sentry. This article covers all periods when causes or participates in any riot or breach of
you are standing a watch of any kind, such as guarding the peace shall be punished as a court-martial
stores or prisoners or acting as a bow lookout. It also may direct.
Student Notes:
2-30
The term riot is used when a disturbance is caused and shall be punished as a court-martial may
by a group of three or more persons and is engaged
direct.
against anyone who may oppose them.
(b) Any person subject to this chapter who,
Breach of the peace is an unlawful disturbance by
without an intent to kill or inflict great bodily
violent or turbulent means that disturbs the peace of the
harm, unlawfully kills a human being
community. Engaging in a fight and using abusive
(1) by culpable negligence; or
words in public are examples of breach of the peace. As
(2) while perpetrating or attempting to
used in this article, community includes any military
perpetrate an offense, other than those named
installation or ship, as well as a civilian community.
in clause (4) of& article 118, directly
Art. 117. Provoking Speeches or Gestures
affecting the person;
Any person subject to this chapter who
uses provoking or reproachful words or
is guilty of involuntary manslaughter and shall
gestures towards any other person subject to
be punished as a court-martial may direct.
this chapter shall be punished as a court-martial
Manslaughter is the unlawful killing of another.
may direct.
There are two basic types of manslaughter: voluntary
and involuntary.
Art. 118. Murder
Voluntary manslaughter is the unlawful killing of
Any person subject to this chapter who,
another when there is intent to kill or inflict great bodily
without justification or excuse, unlawfully kills
harm, but the act is committed in the heat of sudden
a human being, when he
passion caused by adequate provocation.
(1) has a premeditated design to kill;
Involuntary manslaughter is the unlawful killing of
(2) intends to kill or inflict great bodily
another committed without intent to kill or inflict great
harm;
bodily harm.
(3) is engaged in an act that is inherently
Art. 120. Rape and Carnal Knowledge
dangerous to another and evinces a wanton
disregard of human life; or
(a) Any person subject to this chapter who
(4) is engaged in the perpetration or
commits an act of sexual intercourse, by force
attempted perpetration of burglary, sodomy,
and without consent, is guilty of rape and shall
rape, robbery, or aggravated arson;
be punished by death or such other punishment
is guilty of murder, and shall suffer such as a court-martial may direct.
punishment as a court-martial may direct,
(b) Any person subject to this chapter who,
except that if found guilty under clause (1) or
under circumstances not amounting to rape,
(4), he shall suffer death or imprisonment for
commits an act of sexual intercourse with a
life as a court-martial may direct.
female not his wife who has not attained the age
Art. 119. Manslaughter
of sixteen years, is guilty of carnal knowledge
(a) Any person subject to this chapter who,
and shall be punished as a court-martial may
with an intent to kill or inflict great bodily
direct.
harm, unlawfully kills a human being in the
(c) Penetration, however slight, is
heat of sudden passion caused by adequate
provocation is guilty of voluntary manslaughter sufficient to complete either of these offenses.
Student Notes:
2-31
Art. 121. Larceny and Wrongful
(2) utters, offers, issues, or transfers such
a writing, known by him to be so made or
Appropriation
altered;
(a) Any person subject to this chapter who
is guilty of forgery and shall be punished as a
wrongfully takes, obtains, or withholds, by any
court-martial may direct.
means, from the possession of the owner or of
A forgery may be committed by a person signing
any other person any money, personal property,
his/her own name to an instrument. For example,
or article of value of any kind
presume a check payable to the order of a certain person
(1) with intent permanently to deprive
comes into the hands of another person of the same
or defraud another person of the use and
name. The receiver commits forgery if, knowing the
benefit of property or to appropriate it to his
check to be another person s, he/she endorses it with
own use or the use of any person other than the his/her own name with the intent to defraud.
owner, steals that property and is guilty of
Some of the instruments most frequently subject to
larceny; or
forgery are checks, orders for delivery of money or
(2) with intent temporarily to deprive goods, military orders directing travel, and receipts. A
or defraud another person of the use and writing may be falsely  made by materially altering an
existing writing; by filling in or signing the blanks in a
benefit of property or to appropriate to his own
paper, such as a blank check; or by signing an
use or the use of any person other than the
instrument already written.
owner, is guilty of wrongful appropriation.
(b) Any person found guilty of larceny or
Art. 123a. Making, Drawing, or Uttering
wrongful appropriate shall be punished as a Check, Draft, or Order Without Sufficient
Funds
court-martial may direct.
Any person subject to this chapter who
Art. 122. Robbery
(1) for the procurement of any article or
Any person subject to this chapter who
thing of value, with intent to defraud; or
with intent to steal takes anything of value from
(2) for the payment of any past due
the person or in the presence of another, against
obligation, or for any other purpose, with intent
his will, by means of force or violence or fear of
to deceive;
immediate or future injury to his person or
property or to the person or property of a
makes, draws, utters, or delivers any check,
relative or member of his family or of anyone in
draft, or order for the payment of money upon
his company at the time of the robbery, is guilty
any bank or other depository, knowing at the
of robbery and shall be punished as a
time that the maker or drawer has not or will not
court-martial may direct.
have sufficient funds in, or credit with, the bank
or other depository for the payment of that
Art. 123. Forgery
check, draft, or order in full presentment, shall
Any person subject to this chapter who, be punished as a court-martial may direct& .
with intent to defraud
This article provides specific statutory authority for
(1) falsely makes or alters any signature, the prosecution of bad-check offenses. In the absence of
to, or any part of, any writing which would, if evidence indicating otherwise, bad faith might be
genuine, apparently impose a legal liability on shown by the maker s or drawer s failure to effect
another or change his legal right or liability to redemption within the 5-day period provided for in the
his prejudice; or article. The offense of wrongfully and dishonorably
Student Notes:
2-32
failing to maintain sufficient funds for payment of (b) Any person subject to this chapter who
checks upon presentment is a violation. willfully and maliciously burns or sets fire to
the property of another, except as provided in
Art. 124. Maiming
subsection (a), is guilty of simple arson and
shall be punished as a court-martial may direct.
Any person subject to this chapter who,
In aggravated arson, danger to human life is the
with intent to injure, disfigure, or disable,
essential element; in simple arson, it is injury to the
inflicts upon the person of another an injury
property of another. In either case, the fact that no one is
which
injured is immaterial.
(1) seriously disfigures his person by a
mutilation thereof;
Art. 127. Extortion
(2) destroys or disables any member or
Any person subject to this chapter who
organ of his body; or
communicates threats to another person with
(3) seriously diminishes his physical
the intention thereby to obtain anything of
vigor by the injury of any member or organ;
value or any acquaintance, advantage, or
immunity is guilty of extortion and shall be
is guilty of maiming and shall be punished as a
punished as a court-martial may direct.
court-martial may direct.
A threat may be communicated by word of mouth
Maiming includes putting out a person s eye;
or in writing, the essential element of the offense being
cutting off a person s hand, foot, or finger; or knocking
the knowledge of the threat to the victim. An
out a person s front teeth, as these injuries destroy or
acquittance is, in general terms, a release or discharge
disable those members or organs. Maiming also
from an obligation.
includes cutting off a person s ear or scaring a person s
Art. 128. Assault
face, as these injuries seriously disfigure the person.
Injuring an internal organ so as to seriously diminish the
(a) Any person subject to this chapter who
physical vigor of a person is also considered maiming.
attempts or offers with unlawful force or
violence to do bodily harm to another person,
Art. 125. Sodomy
whether or not the attempt or offer is
(a) Any person subject to this chapter who
consummated, is guilty of assault and shall be
engages in unnatural carnal copulation with
punished as a court-martial may direct.
another person of the same or opposite sex or
(b) Any person subject to this chapter
with an animal is guilty of sodomy. Penetration,
who
however slight, is sufficient to complete the
offense.
(1) commits an assault with a
dangerous weapon or other means of force
(b) Any person found guilty of sodomy
likely to produce death or grievous bodily
shall be punished as a court-martial may direct.
harm; or
Art. 126. Arson
(2) commits an assault and
intentionally inflicts grievous bodily harm
(a) Any person subject to this chapter who
with or without a weapon;
willfully and maliciously burns or sets on fire
an inhabited dwelling, or any other structure,
is guilty of aggravated assault and shall be
movable or immovable, wherein to the
punished as a court-martial may direct.
knowledge of the offender there is at the time a
human being, is guilty of aggravated arson and Section (a) describes the offense of simple assault.
shall be punished as court-martial may direct. Swinging your fist, pointing a gun at a person, or raising
Student Notes:
2-33
a club over someone s head, even though no harm is occupied. A breaking is not essential. The entry may be
actually done, is each an act of simple assault. When the either in the nighttime or in the daytime. The criminal
threat is consummated and force is applied to the victim,
intent is not limited to those offenses punishable under
the offense becomes assault and battery.
articles 118 through 128.
Section (b) describes aggravated assault, of which
Art. 131. Perjury
there are two types. The first is assault with a dangerous
weapon and other means of force likely to kill or
Any person subject to this chapter who in a
grievously harm the victim (like shoving a person over
judicial proceeding or in a course of justice
the fantail). The second type takes place when an
willfully and corruptly
assailant intentionally inflicts severe bodily harm, with
(1) upon a lawful oath or in any form
or without a weapon. If, after you have knocked an
allowed by law to be substituted for an oath,
individual down, you repeatedly kick him/her so as to
gives any false testimony material to the issue
break the person s ribs, you have committed aggravated
or matter of inquiry; or
assault.
(2) in any declaration, certificate,
Art. 129. Burglary
verification, or statement under penalty or
perjury as permitted under section 1746 of title
Any person subject to this chapter who,
28, United States Code, subscribes any false
with intent to commit an offense punishable
statement material to the issue or matter of
under& articles 118 - 128, breaks and enters, in
inquiry;
the nighttime, the dwelling house of another, is
guilty of burglary and shall be punished as a
is guilty of perjury and shall be punished as a
court-martial may direct.
court-martial may direct.
The house must be a dwelling place at the time of
Art. 132. Frauds against the United States
the breaking and entry, but the residents do not have to
actually be in it. A simple act such as opening a closed
Any person subject to this chapter
door or window or some other similar fixture or cutting
(1) who, knowing it to be false or
out the glass of a window or the netting of a screen
fraudulent
constitutes breaking. Entry gained through a trick, false
pretense, impersonation, intimidation, or collusion also
(A) makes any claim against the
constitutes breaking. For the intruder to succeed in
United States or any officer thereof; or
carrying out the intent for which the house was broken
(B) presents to any person in the civil
into is not an essential element.
or military service thereof, for approval or
payment, any claim against the United States
Art. 130. Housebreaking
or any officer thereof;
Any person subject to this chapter who
(2) who, for the purpose of obtaining the
unlawfully enters the building or structure of
approval, allowance, or payment of any claim
another with intent to commit a criminal
against the United States or any officer
offense therein is guilty of housebreaking and
thereof
shall be punished as a court-martial may direct.
(A) makes or uses any writing or other
The initial entering must amount to trespassing; this
paper knowing it to contain any false or
article is not violated if the accused entered the building
fraudulent statements;
or structure lawfully, even though the person had the
intent to commit an offense therein. This offense is (B) makes any oath to any fact or to any
broader than burglary in that the place entered need not writing or other paper knowing the oath to be
be a dwelling house; also, the place need not be false; or
Student Notes:
2-34
(C) forges or counterfeits any prejudice of good order and discipline in the
armed forces, all conduct of a nature to bring
signature upon any writing or other paper, or
discredit upon the armed forces, and crimes and
uses any such signature knowing it to be
offenses not capital, of which persons subject to
forged or counterfeited;
this chapter may be guilty, shall be taken
(3) who, having charge, possession,
cognizance of by a general, special or summary
custody, or control of any money, or other
court-martial, according to the nature and
property of the United States, furnished or
degree of the offense, and shall be punished at
intended for the armed forces thereof,
the discretion of that court.
knowingly delivers to any person having
authority to receive it, any amount thereof less
Article 134 makes punishable acts or omissions not
than that for which he receives a certificate or
specifically mentioned in other articles. Those acts
receipt; or
include wearing an improper uniform, abusive use of a
military vehicle, the careless discharge of a firearm, or
(4) who, being authorized to make or
impersonating an officer. They also include offenses
deliver any paper certifying the receipt of any
involving official passes, permits, and certificates; and
property of the United States furnished or
the wrongful possession of a habit-forming narcotic
intended for the armed forces thereof, makes or
drug.
delivers to any person such writing without
having full knowledge of the truth of the
Discredit means to injure the reputation of; that is,
statements therein contained and with intent to
to bring the service into disrepute. Examples include
defraud the United States;
acts in violation of state or foreign laws, failure to pay
one s debts, adultery, bigamy, and indecent acts.
shall, upon conviction, be punished as a
Crimes and offenses not capital include those acts
court-martial may direct.
or omissions, not punishable by another article,
This article deals with frauds against the United
denounced as crimes or offenses by enactment of
States. It pertains to making false claims against the
Congress or under authority of Congress and made
government to obtain money or property.
triable in the federal civil courts. Some of these offenses
are punishable wherever committed; others are
It also pertains to the offense of making a writing or
punishable only if committed within the geographical
other paper known to contain a false statement for the
boundaries of the areas in which they are applicable.
purpose of obtaining the approval, allowance, or
payment of a claim. The offense is complete when the
Art. 137. Articles to be explained
writing or paper is made for that purpose, whether or not
the use of either one has been attempted and whether or
Articles 2, 3, 7 through 15, 25, 27, 31, 37,
not the claim has been presented.
38, 55, 77 through 134 and 137 through 139 of
this chapter shall be carefully explained to each
Art. 133. Conduct Unbecoming an Officer and
a Gentleman enlisted member at the time of his entrance on
active duty, or within six days thereafter. They
Any commissioned officer, cadet, or
shall be explained again after he has completed
midshipman who is convicted of conduct
six months of active duty, and again at the time
unbecoming an officer and a gentleman shall be
when he reenlists. A complete text of the
punished as a court-martial may direct.
Uniform Code of Military Justice and of the
regulations prescribed by the President
Art. 134. General Article
thereunder shall be made available to any
Though not specifically mentioned in this person on active duty upon his request, for his
chapter, all disorders and neglects to the
personal examination.
Student Notes:
2-35
Art. 138. Complaints of wrongs
parties of the damages as assessed and
approved.
Any member of the armed forces who
(b) If the offenders cannot be ascertained,
believes himself wronged by his commanding
but the organization or detachment to which
officer, and who, upon due application to that
they belong is known, charges totaling the
commanding officer, is refused redress, may
amount of damages assessed and approved may
complain to any superior commissioned
be made in such proportion as may be
considered just upon the individual members
officer, who shall forward the complaint to the
thereof who are shown to have been present at
officer exercising general court-martial
the scene at the time the damages complained
jurisdiction over the officer against whom it is
of were inflicted, as determined by the
made. The officer exercising general
approved findings of the board.
court-martial jurisdiction shall examine into
the complaint and take proper measures for
Nonjudicial Punishment
redressing the wrong complained of; and he
If you break a rule or are negligent, careless, or
shall, as soon as possible, send to the Secretary
unmilitary in your conduct, an officer or petty officer
concerned a true statement of that complaint,
may put you on report. Being put on report means you
with the proceedings had thereon.
may appear before the commanding officer at a
This article provides for redress of wrongs inflicted
specified time for nonjudicial punishment (UCMJ, art.
by a commanding officer on subordinates, and it
15); that is, you may appear at captain s mast.
prescribes the procedure to be followed by subordinates
Art. 15. Commanding Officer s nonjudicial
to apply for such redress.
punishment
Art. 139. Redress of injuries to property
(a) Under such regulations as the
(a) Whenever complaint is made to any President may prescribe, and under such
commanding officer that willful damage has additional regulations as may be prescribed by
been done to the property of any person or that the Secretary concerned, limitations may be
his property has been wrongfully taken by placed on the powers granted by this article
members of the armed forces, he may, under with respect to the kind and amount of
such regulations as the Secretary concerned punishment authorized, the categories of
may prescribe, convene a board to investigate commanding officers and warrant officers
the complaint. The board shall consist of from exercising command authorized to exercise
one to three commissioned officers and, for the those powers, the applicability of this article to
purpose of that investigation, it has power to an accused who demands trial by court-martial,
summon witnesses and examine them upon and the kinds of courts-martial to which the
oath, to receive depositions or other case may be referred upon such a demand.
documentary evidence, and to assess the However, except in the case of a member
damages sustained against the responsible attached to or embarked in a vessel, punishment
parties. The assessment of damages made by may not be imposed upon any member of the
the board is subject to the approval of the armed forces under this article if the member
commanding officer, and in the amount has, before the imposition of such punishment,
approved by him shall be charged against the demanded trial by court-martial in lieu of such
pay of the offenders. The order of the punishment. Under similar regulations, rules
commanding officer directing charges herein may be prescribed with respect to the
authorized is conclusive on any disbursing suspension of punishments authorized
officer for the payment by him to the injured hereunder. If authorized by regulations of the
Student Notes:
2-36
Secretary concerned, a commanding officer The punishments permitted at captain s mast
exercising general court-martial jurisdiction or depend upon the rank of the officer holding mast. Figure
an officer of general or flag rank in command 2-3 shows the punishment that may be awarded.
may delegate his powers under this article to a
A commanding officer that decides an offense
principal assistant.
deserves a punishment more severe than he/she is
(b) Subject to subsection (a) any authorized to award at mast may order a court-martial.
commanding officer may, in addition to or in
The following paragraphs explain some of the
lieu of admonition or reprimand, impose one or
punishments that may be given at captain s mast.
more of the following disciplinary punishments
for minor offenses without the intervention of a RESTRICTION. Restriction is the requirement
court-martial&
to remain within certain specified limits (ship, station,
etc.). Although required to muster at certain times, the
Commanding officer s nonjudicial punishment is
restricted person usually continues to perform his/her
often referred to as captain s mast. Captain s mast gets
regular duties.
its name from the old sailing days when the setting for
this form of naval justice was the weather deck near the
CORRECTIONAL CUSTODY. Correctional
ship s mainmast.
custody is the physical restraint (confinement) of a
Cases are heard and punishments given at captain s
person during duty or nonduty hours, or both. The
mast. Anyone who is not attached to or embarked in a
person may be required to perform extra duties or hard
vessel may, however, demand trial by court-martial in
labor. A typical example is an individual who is free to
lieu of punishment at mast, before such punishment is
carry out regular duties during the day but is confined in
imposed.
a confinement facility at night.
ENLISTED
Any officer commanding, Commanding officers below
LCDR and above LCDR; OICs, any grade
Admonition or Yes Yes
reprimand
Confinement on 3 consecutive days 3 consecutive days
B&W or (aboard ship) (aboard ship)
diminished rations E-3 and below E-3 and below
Correctional custody 30 consecutive days 7 consecutive days
E-3 and below
Forfeiture of pay 1/ 2 of 1 month pay per 7 days pay
month for 2 months
Reduction in grade To next inferior grade To next inferior grade
Extra duty 45 consecutive days 14 consecutive days
Restriction 60 consecutive days 14 consecutive days
Figure 2-3. One or more of the maximum punishment authorized
by article 15, UCMJ.
Student Notes:
2-37
CONFINEMENT ON BREAD AND WATER talking. For the purpose of hearing valid requests or
OR DIMINISHED RATIONS. Confinement on
complaints from crew members, the CO sets certain
breadandwater or diminishedrations maybe imposed
times aside. This practice is called request mast. The
onlyonenlistedpersons E-3andbelowaboardship.
person having a request or grievance should first try to
EXTRADUTY. Extra duty is the assignment of resolve the problem through the chain of command.
any duty (except guard duty) to be performed after the
Failingthat, the personmayrequest mast.
person s regular working hours. Extra duty is not to
COURTS-MARTIAL
exceed 2 hours daily or to be performed on holidays.
Petty officers may not be assigned extra duties that
Basedonarticle16of theUCMJ, courts-martial are
woulddemeantheir grade or position.
of three types: summary, special, and general. The
FORFEITUREOFPAY. Forfeiture of pay is a
captaindecidesthetypeof court-martial toawardbased
permanent loss of a specified amount or a temporary
onthe nature, time, andplace of the offense.
withholding of a certain amount of pay. The detention
period must be specified. The money detained is
SummaryCourts-Martial
normallyreturnedat theendof thedetentionperiod, but
it canbe detainedfor a periodof 1year.
A summary court-martial consists of one
APPEALS. If personsconsider their punishment commissionedofficer. If the commandingofficer is the
under article 15tobe unjust or out of proportiontothe
only officer with the command, that officer acts as the
offense, they may appeal to the next superior authority
summarycourt officer. Asummarycourt canawardany
in the chain of command. The appeal must be made
sentencethat maybegivenat mast. It canalsoawardthe
within a reasonable time (generally 5 days) and
additional punishmentsof confinement for 1monthand
promptly forwarded. If the superior authority upholds
hardlaborwithout confinement for45days. Anyperson
the appeal, all rights, privileges, and property are
awarded confinement at a summary court-martial will
restored.
thenbe held, as appropriate.
PROTECTION AGAINST SELF-
INCRIMINATION. Under article 31 of the UCMJ,
Special Courts-Martial
compulsory self-incrimination is prohibited. The
accused must be informed of the nature of the charges
A special court-martial consists of not less than
against him/her. The accusedmust alsobe advisedthat
three members; or a military judge and not less than
he/she does not have to make any statement regarding
three members; or only a military judge. When a
the offense of which accused, but that any statement
military judge (a qualified lawyer) is detailed to the
mademaybeusedas evidenceagainst him/her inatrial
court, the accused has the right to knowthe identity of
bycourt-martial. Nostatement obtainedthroughtheuse
the military judge. The accused also has the right to
of coercion, unlawful influence, or unlawful
consult withthedefensecounsel andtorequest that the
inducement may be used as evidence against the
court consist of only the military judge. The request
accused.
must be in writing, submitted before the court is
MERITORIOUS AND REQUEST MASTS.
assembled, and approved by the military judge. A
Not all masts are for disciplinary purposes. A
special court-martial may award the same punishment
meritorious mast may be held by the commanding
as a summary court, or it may award a more severe
officer to give awards or commendations to those
persons whohave earnedthem.
punishment. For example, it can award a bad-conduct
discharge, confinement for 6months, loss of two-thirds
Article 1107 of Navy Regs grants the right for any
pay per month for 6 months, and hard labor without
person to communicate with the commanding officer.
Youcan t just walkuptothecaptain, however, andstart confinement for 3months.
Student Notes:
2-38
General Court-Martial
Q6. What was the purpose for developing and
signing into law the Uniform Code of Military
A general court-martial consists of a military judge
Justice?
and not less than five members; or only a military judge.
Under the conditions described for a special court, the
accused may request that the court consist of only a
military judge. A general court-martial can award any
Q7. When was the UCMJ signed into law?
punishment not forbidden by the UCMJ, including
death when specifically authorized for the offense.
All accused persons have the right to be represented
Q8. Article 137 of the UCMJ states that certain
before special and general courts-martial by defense
articles of the Code must be explained carefully
counsel. This counsel may be a civilian or a military
lawyer selected by the accused or a defense counsel to every enlisted person at what minimum
appointed by the convening authority. If a civilian interval?
counsel is selected, the accused must pay the counsel s
expenses.
Q9. List the three types of court-martials.
REVIEW 4 QUESTIONS
a.
Q1. What chapter of the Navy Regs deals with your
responsibility and authority while carrying out
orders? b.
c.
Q2. What chapter of the Navy Regs deals with rights
SUMMARY
and responsibilities?
Discipline is training that develops self-control,
character or orderliness, and efficiency. Justice is
impartiality fairness. Conduct is the way one
Q3. Who is responsible for ensuring the Navy Regs
acts behavior. We all deal with discipline, justice, and
conforms to the current needs of the Department
conduct in our day-to-day dealings as members of the
of the Navy?
U.S. Navy. We have certain standards of behavior, both
on and off duty, by which we must abide. Our justice
system sets those standards of behavior; therefore, it
should not intimidate us.
Q4. New Navy Regs and changes to it are issued by
We also have standards of conduct by which we
whom and approved by whom?
must abide if we are taken prisoner. These standards are
fundamental to our safety and to our fellow prisoners.
Discipline or conduct could sometimes make the
difference between saving or losing a unit. Without
Q5. The instructions found in the OPNAVINST
discipline, ships would not have the efficient fire or
3120.32 provide guidance and regulations for
repair parties that have kept many of them afloat after
major damage. Imagine the panic that would take place
Student Notes:
2-39
if Sailors didn t have the discipline, self-control, and A3. When military police are from different armed
efficiency they have been taught.
forces and combined to form one unit, they are
Our justice system has its own checks and balances. known as an Armed Forces Police Detachment
For example, if a person does something wrong, the
(AFPD).
commanding officer is restricted as to the type of
A4. The primary duties of the shore patrol are to
punishment he/she may award. A person also has a right
to appeal punishment awarded a right all people a. Render assistance to military personnel
enjoy. A person also has the right to communicate with
ashore
the commanding officer.
b. Maintain good order and discipline among
Our justice system protects us. Because of naval
military personnel
regulations and standards of conduct, we know what the
c. Report conditions or practices that appear
Navy expects of us. Our conduct, both on and off duty,
prejudicial to the welfare of military
should reflect our pride in the Navy and in our unit.
personnel
REVIEW 1 ANSWERS
REVIEW 3 ANSWERS
A1. The three sources that contain the basic
A1. Motivation and correction through reward
disciplinary laws for the U.S. Navy are
and punishment are used to help Sailors work
a. U.S. Navy Regulations
as a unit.
A2. The purpose of discipline in the military is to
b. Standard Organization and Regulations of
the U.S. Navy bring about an efficient military organization.
c. Uniform Code of Military Justice (UCMJ) A3. Deterrent theory of punishment is used by the
Navy.
A2. One of the most important characteristics of a
A4. The two things a recipient of Navy punishment
good Sailor is a sense of moral responsibility.
should remember are
A3. To succeed in your work in the Navy, you should
a. Punishment is a result of their behavior.
value and take part in teamwork.
A4. The Code of Conduct was established to govern
b. They won t be punished again if they learn
situations where Sailors were prisoners of
to conform to Navy s standard of conduct.
war.
A5. There are six articles in the Code of Conduct.
REVIEW 4 ANSWERS
A6. Under article V, the only information you are
A1. Chapter 10 of the Navy Regs deals with your
allowed to give is your name, rank, service
responsibility and authority while carrying out
number, and date of birth.
orders.
REVIEW 2 ANSWERS
A2. Chapter 11 of the Navy Regs deals with your
rights and responsibilities.
A1. In the Navy, the military police are known as the
shore patrol. A3. Chief of Naval Operations is responsible for
making sure that the Navy Regs conform to the
A2. Shore patrol personnel are identified by
armbands bearing the letters SP. current needs of the Department of the Navy.
Student Notes:
2-40
A4. Secretary of the Navy issues and the President to every enlisted person at the time of entrance
or no later than 6 days later, 6 months on
approves new Navy Regs and changes to Navy
active duty, and every reenlistment.
Regs.
A9. The three types of courts-martial are
A5. The instructions found in the OPNAVINST
3120.32 provide guidance and regulations for
a. Summary
the duties and responsibilities for all
personnel within a unit or organization.
b. Special
A6. The purpose for developing and signing into law
the Uniform Code of Military Justice was to
c. General
standardize legal procedure and discipline
throughout all branches of service.
A7. The UCMJ was signed into law on 31 May 1951.
A8. Article 137 of the UCMJ states that certain
articles of the Code must be explained carefully
2-41
CHAPTER COMPREHENSIVE TEST
1. Which of the following are sources that set 7. When, if ever, may you voluntarily surrender
forth the basic disciplinary laws for the U.S. to the enemy?
Navy?
1. If alone and completely isolated from
friendly troops
1. U.S. Navy Regulations
2. If no longer able to inflict casualties on the
2. Standard Organization and Regulations of
enemy
the U.S. Navy
3. If able to detain the enemy and let others
3. Uniform Code of Military Justice (UCMJ)
escape capture
4. Each of the above
4. Never
2. Which of the following characteristics are
8. Who may be assigned shore patrol duties?
traits of a good Sailor?
1. Officers only
1. Puts the good of the ship and the Navy
2. Petty officers only
above personal likes and dislikes
3. Officers and petty officers
2. Obeys the rules of military courtesy and
4. All Navy personnel
etiquette
3. Demonstrates loyalty, self-control,
9. In areas where different armed services are
honesty, and truthfulness
located, the military police from each service
4. All of the above
may be combined to form one unit. What term
3. In what year was the Code of Conduct first
identifies this unit?
prescribed?
1. Armed Forces Police Department
1. 1965 2. Armed Forces Police Detachment
2. 1955 3. Armed Forces Police Service
3. 1945 4. Armed Forces Police Group
4. 1935
10. Aboard ship, the master-at-arms (MAA) force
4. The Code of Conduct was adopted to provide
is headed by the chief master-at-arms
guidance for service personnel in which of the
(CMAA). The CMAA works directly for
following circumstances?
which of the following officers?
1. When stationed on foreign soil
1. Weapons officer
2. When traveling at home and abroad
2. Security officer
3. When facing the enemy as prisoners of war
3. Executive officer
4. All of the above
4. Administrative officer
5. In what year was Executive Order 12633
11. Discipline training develops which of the
issued amending the Code of Conduct to use
following personal traits?
neutral-gender language?
1. Character
1. 1987 2. Efficiency
2. 1988 3. Self-control
3. 1989 4. All of the above
4. 1990
12. Discipline is important to the Navy for which
6. How many articles make up the Code of
of the following reasons?
Conduct?
1. To instill fear of punishment
1. Two 2. To decrease command responsibility
2. Four 3. To provide punishment for wrongdoers
3. Six 4. To enable personnel to function as a unit
4. Eight with a high degree of efficiency
2-42
13. Punishment is administered in the Navy for 19. What article of the Navy Regs gives officers
which of the following reasons? the authority necessary to perform their
duties?
1. To serve as an object lesson to the
wrongdoer and others 1. 1021
2. To pacify those who have suffered a wrong 2. 1023
3. To correct a wrong 3. 1025
4. To avenge a wrong 4. 1033
14. What chapter of the United States Navy 20. Navy Regs, article 1033, Authority in a Boat,
Regulations describes the rights and provides which of the following officers the
responsibilities of all Navy members? authority and responsibility over all persons
embarked?
1. 12
2. 11 1. The senior line officer eligible for
3. 10 command at sea
4. 9 2. The junior line officer eligible for
command at sea
15. What person is responsible for making sure
3. The senior staff officer
that the Navy Regs conforms to the current
4. The junior staff officer
needs of the Department of the Navy?
21. Which of the following Navy Regulations
1. The Secretary of the Navy
articles outlines the authority of a sentry?
2. The Judge Advocate General
3. The Chief of Naval Operations 1. 1037
4. The Commandant of the Marine Corps 2. 1038
3. 1052
16. Navy Regs and changes to it are issued by the
4. 1053
Secretary of the Navy after what person
approves them? 22. You may not be ordered to active duty without
the permission of which of the following
1. The President
persons?
2. The Vice President
3. The Attorney General 1. Commandant of the Marine Corps
4. The Chairman of the Joint Chiefs of Staff 2. Commandant of the Coast Guard
3. Chief of Naval Operations
17. Failure to obey any regulation subjects the
4. Chief of Naval Personnel
offender to charges under what UCMJ article?
23. Navy Regulations, article 1104, Treatment and
1. 91
Release of Prisoners, prohibits cruel and/or
2. 92
unusual treatment. According to this article,
3. 93
prisoners must be checked on at what
4. 94
minimum interval?
18. What article of the Navy Regs lists the
1. 10 hours
publications that must be made available upon
2. 8 hours
request by any active-duty person?
3. 6 hours
1. 1020
4. 4 hours
2. 1010
24. During a Saturday duty day, one of your
3. 0917
shipmates asks you to change watches with
4. 0818
him/her. You agree but fail to get permission
from proper authority. Under what article of
Navy Regs could you be charged?
1. 1138
2. 1134
3. 1133
4. 1129
2-43
25. Sexual harassment is offensive and illegal. 30. Article 137 of the UCMJ states,  & certain
articles of the code must be explained
Under what article of Navy Regs may a person
carefully to every enlisted person& at the time
be charged with sexual harassment?
the person enters active duty and after 6
1. 1166
months of active duty. At what other time
2. 1164
interval must article 137 be explained?
3. 1162
1. Every 6 months thereafter
4. 1160
2. Every 12 months thereafter
26. Aboard your ship or station, you could find the
3. Every 24 months thereafter
regulatory articles of the Standard
4. Each time the person reenlists
Organization and Regulations of the U.S. Navy
31. Which of the following UCMJ articles
posted in which of the following locations?
explains the commanding officer s nonjudicial
1. On bulletin boards punishment?
2. In the log room
1. 55
3. On the quarterdeck
2. 35
4. All of the above
3. 15
27. Ships arriving in U.S. territory after visiting a 4. 5
foreign port are subject to customs inspection.
32. When an accused person selects a civilian
Which of the following personnel must
counsel, who must bear the expense of such
complete a customs declaration?
counsel?
1. Only personnel possessing articles with a
1. The accused only
monetary value that exceeds $50
2. The military only
2. Enlisted personnel only
3. The accused and the military
3. Officer personnel only
4. The accused if convicted, otherwise the
4. All hands
military
28. Actions the officer of the deck may take in
33. Petty Officer Pistol, knowing that SN Brush
dealing with intoxicated persons are outlined has committed a robbery, loans Brush a car so
that Brush can return to the ship to establish
in which of the following articles of the
an alibi. What offense has Petty Officer Pistol
Standard Organization and Regulations of the
committed?
U.S. Navy ?
1. Accessory after the fact to robbery
1. 510.21
2. Principal to the offense of robbery
2. 510.27
3. Conspiracy
3. 510.34
4. Robbery
4. 510.44
34. The status of an absentee changes from
29. On what date did the original Uniform Code of
absence without leave to deserter after how
Military Justice become effective?
many days absence?
1. 5 February 1950
1. 10
2. 5 May 1950
2. 20
3. 31 May 1951
3. 30
4. 31 August 1951
4. 40
2-44
35. SN Doe oversleeps after having the weekend 39. Under UCMJ, article 116, Riot or Breach of
off and fails to return to the ship before it got Peace, the term riot is used when a
under way Monday morning. Under what disturbance is caused by what minimum
UCMJ article can SN Doe be charged? number of people?
1. 84 1. Six
2. 87 2. Five
3. 90 3. Four
4. 93 4. Three
36. If the chief master-at-arms (CMAA) of a ship 40. Petty Officer Frost takes a neckerchief from
strikes the colors to an enemy without another person s locker, wears it on liberty,
authorization by competent authority, the and replaces it upon return to the ship. What
CMAA is in violation of what UCMJ article? offense of the UCMJ has Petty Officer Frost
committed?
1. 94
2. 98 1. Purposeful mislocation
3. 99 2. Wrongful appropriation
4. 100 3. Robbery
4. Larceny
37. Weapons or other public property taken from
captured enemy forces becomes the property 41. What UCMJ article provides specific statutory
of the authority for the prosecution of bad-check
offenses?
1. enemy
2. United States 1. 123
3. person who captured the enemy 2. 123a
4. person from whom they were taken 3. 125
4. 126
38. Seaman Door tries to bring a small container
of crack cocaine on board his ship. Which of 42. If a person considers his/her punishment under
the following UCMJ articles has he violated? UCMJ, article 15, unjust, the person has the
right to appeal to the next superior authority in
1. 112
the chain of command. How many days is
2. 112a
generally considered reasonable for submitting
3. 113
an appeal?
4. 113a
1. 5
2. 10
3. 15
4. 20
2-45


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