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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 .
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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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