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Military Justice AR 27-10
1. What does AR 27-10 CH 3 cover?
A: UCMJ Nonjudicial Punishment.
2. What publication covers nonjudicial punishment?
A: AR 27-10 Chapter 3.
3. What does the acronym UCMJ stand for?
A: Uniformed Code of Military Justice.
4. What does the acronym MCM stand for?
A: Manual for Courts Martial.
5. Paragraph 3-2 Why should Comanders use nonpunitive measures to the fullest extent?
A: to further the efficiency of the command before resorting to Nonjudicial punishment .
AR 27-10 Military Justice . The purpose is to help Soldiers become better educated and earn quicker Army promotions by assisting in not only their army educations but also their college educations as well. The source for Army Doctrine 2015, NCO 2020 and Doctrine 2020. The New Army Study Guide. This site contains questions and answers for Army boards. It has been designed to assist Soldiers in preparing for promotion boards and competition boards. All the questions and answers are directly from Army publications and are designed in a way for Soldiers to learn these publications while also preparing for boards. It is also managed and updated frequently to keep up with changing army publications so please inform TOP if there is outdated material so that he can keep the material relevant and updated. Also, Please do not hesitate to contact TOP if there is a board subject that you would like to see added.
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6. Para 3-2 In what cases is the use of nonjudicial punishment considered appropriate?
A: cases involving minor offenses in which Nonpunitive measures are considered inadequate or inappropriate.
7. Para 3-2 What should be done if it is clear that nonjudicial punishment will not be sufficient?
A: If Nonjudicial punishment will not be sufficient to meet the ends of justice, more stringent measures must be taken
8. Para 3-2 What is essential for nonjudicial punishment to have the proper corrective effect?
A: Prompt Action
9. Para 3-2 What are the three reasons that nonjucicial punishment should be imposed?
A: 1. Correct, educate, and reform offenders.
2. Preserve a Soldier’s record of service.
3. Further military efficiency by disposing of minor offenses.
10. Para 3-3 What is nonjudicial punishment used to correct?
A: to correct misconduct in violation of the UCMJ.
11. Para 3-3 What does misconduct in violation of the UCMJ usually result from?
A: Such conduct may result from intentional disregard of, or failure to comply with, prescribed standards of military conduct.
12. Para 3-3 What type of conduct does nonpunitive measures usually deal with?
A: it usually deals with misconduct resulting from simple neglect, forgetfulness, laziness, inattention to instructions, sloppy habits, immaturity, difficulty in adjusting to disciplined military life, and similar deficiencies.
13. Para 3-3 What are nonpunitive measures?
A: are primarily tools for teaching proper standards of conduct and performance and do not constitute punishment.
14. Para 3-3 What are some nonpunitive measures?
A: denial of pass or other privileges, counseling, administrative reduction in grade, administrative reprimands and admonitions, extra training, bar to reenlistment, and military occupational specialty (MOS) reclassification.
15. Para 3-3 Who has the authority to give admonitions or reprimands either as an administrative measure or as nonjudicial punishment?
A: Commanding officers have authority to give admonitions or reprimands.
16. Para 3-3 What is One of the most effective Nonpunitive measures available to a commander?
A: Extra training or instruction.
17. Para 3-3 When is extra training or instruction used?
A: when a Soldier’s duty performance has been substandard or deficient.
18. Para 3-3 How must the training or instruction be given?
A: must relate directly to the deficiency observed and must be oriented to correct that particular deficiency.
19. Para 3-3 When can extra training or instruction be given?
A: Extra training or instruction may be conducted after duty hours.
20. Para 3-4 Who can direct that a subordinate authority impose punishment under UCMJ, Art. 15?
A: No superior can direct that a subordinate authority impose punishment under UCMJ, Art. 15.
21. Para 3-4 Can a BDE or BN Commander issue regulations, orders, or so-called “guides” that either directly or indirectly suggest to subordinate commanders to impose UCMJ for certain offenses?
22. Para 3-8 Who can nonjudicial punishment may be imposed upon?
A: Military personnel of a commander’s command.
23. Para 3-9 What is considered minor offenses?
A: misconduct not involving any greater degree of criminality.
24. Para 3-9 What does SCM stand for?
A: Summary Court Martial.
25. Para 3-9 What does GCM stand for?
A: General Court Martial.
26. Para 3-9 If a Soldier is given nonjudicial punishment for what is thought to be a minor offense that was actually not a minor offense can the Soldier still be tried by a court martial?
27. Para 3-9 When nonjudicial punishment has been imposed for an offense can punishment be imposed again for the same offense under UCMJ, Art. 15?
A: No; Once Nonjudicial punishment has been imposed, it may not be increased, upon appeal or otherwise.
28. Para 3-9 Can a Commander issue multiple punishments to a Soldier under UCMJ?
29. Para 3-12 How long after an incident can nonjudicial punishment be imposed?
A: Not more than 2 years before the date of imposition.
30. Para 3-12 What is the statute of limitations for nonjudicial punishment?
A: 2 Years.
31. Para 3-16 What are the two types of nonjudicial punishment that a company commander may impose?
A: Summary or Company Grade.
32. Para 3-16 What is the maximum punishment for a summary article 15?
A: 1. Extra duties for 14 days.
2. Restriction for 14 days.
3. Oral reprimand or admonition.
4. Any combination of the above.
33. Para 3-16 Is the Soldier allowed to consult defense if receiving a summary article 15?
34. Para 3-16 Is a Soldier allowed to demand trial by court martial if receiving a summary article 15?
35. Para 3-16 Under a summary article 15 how long is normally given to the Soldier to decide if they choose to demand trial by court martial?
A: usually 24 hours.
36. Para 3-16 How long is a Soldier normally given to appeal a summary article 15?
A: Normally no longer than 5 days.
37. Para 3-18 Can a Commander delegate the notification of an article 15 to authorize a commissioned officer or NCO?
38. Para 3-18 Who should the NCO performing the notification normally be?
A: The First Sergeant or Senior NCO of the Organization.
39. Para 3-18 Does the Soldier have right to counsel if it is a company grade or higher article 15?
40. Para 3-18 How long will a Soldier be given to consult with counsel?
A: Normally 48 hours.
41. Para 3-19 Who are commanders are encouraged to consult prior to giving punishment under UCMJ?
A: Their NCO’s.
42. Para 3-19 What are the kinds and amounts of punishment authorized under the UCMJ, Art. 15?
A: Company Level or Field Grade and Higher Level.
43. Para 3-22 Can the punishment be made public and put out at formation?
A: Yes; after the Appeal is completed.
44. Para 3-22 Can the Article 15 be published on bulletin boards?
A: Yes after Social Security number has been removed.
45. Para 3-22 What would be the purpose of announcing or posting the article 15’s?
A: to preclude perceptions of unfairness of punishment and to deter similar misconduct by other Soldiers.
46. Para 3-24 What does punishment is suspended mean?
A: Suspension is a grant of probational period.
47. Para 3-24 How long can a punishment be suspended for company and higher article 15’s?
A: punishment of reduction or forfeiture may be suspended only within a period of 4 months.
48. Para 3-24 How long can a punishment be suspended for summarized article 15’s?
A: No more than 3 months.
49. Para 3-25 What is vacation of any suspended punishment?
A: if a Commander believes that a Soldier that is on Suspension has committed misconduct he can cancel the Suspension.
50. Para 3-26 What is mitigation?
A: Mitigation is a reduction in either the quantity or quality of a punishment.
51. Para 3-27 What is remission?
A: This is an action whereby any portion of the unexecuted punishment is canceled.
52. Para 3-28 What is setting aside and restoration?
A: This is an action whereby the punishment or any part or amount, whether executed or unexecuted, is set aside.
53. Para 3-28 What does clear injustice mean?
A: “Clear injustice” means that there exists an unwaived legal or factual error that clearly and affirmatively injured the substantial rights of the Soldier.
54. Para 3-28 How long does a Commander have to set aside a punishment or perform a restoration if a reduction in grade to a forfeiture of pay, absent unusual circumstances?
A: It must be exercised only within 4 months after the punishment has been executed.
55. Para 3-29 How many appeals can a soldier make to an article 15 hearing?
A: Only one appeal is permissible under UCMJ, Art. 15 proceedings.
56. Para 3-30 Who may act on an appeal?
A: The next superior authority to the commanding officer who imposed the UCMJ.
57. Para 3-36 What is the form used for article 15’s?
A: DA Form 2627.
58. Para 3-4 Who may request the transfer of a record of nonjudicial punishment from the performance section of their OMPF to the restricted section?
A: SGT and above.
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