ACCOUNTABILITY

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					                           LEADERSHIP 2: UCMJ                                 UCMJ CONT.
1.   Purpose of Military Law                                                  14. Article 128-Assault
    Promote justice; maintain good order and discipline; promote              Simple assault-attempts or offers with unlawful force/violence to do
     efficiency and effectiveness; strengthen national security                   bodily harm; whether or not it happens doesn’t matter
                                                                               Assault Consummated by Battery-does bodily harm
2.   Persons Subject to the UCMJ                                               Aggravated Assault-assault with dangerous weapon likely to lead to
    Active duty; cadets, aviation cadets, Midshipmen, Candidates;                death or body harm
     military retirees; reservists while active; EPOW; prisoners; civilians
     in public health service and oceanic and atmospheric                     15. Article 134-Gerneral Article
     administration, and civilians serving with military in time of war        Covers other offenses not in punitive articles
                                                                               Covers behaviors prejudicial to good order and discipline of armed
3.   Article 31 (Rights of the accused) Before Non-Judicial Punishments           forces ex: animal abuse, bigamy, adultery, fraternization, bribery
    Right to know offense suspected prior to questioning
    Protects against being coerced into making a statement                   16.   Authorized Punishment for Violation of UCMJ
    Protects from being compelled to make statements or produce                   Reprimand-severe oral/written in record; ends or delays careers
     evidence in court martial that’s immaterial to the case and                   Forfeiture of pay and allowance
     degrading                                                                     Fine
    After right are read, statements can be used in court                         Reduction in grade-only for enlisted
    Statement obtained from coercion, unlawful influence cannot be                Restriction to specific limits-deprived liberty
     used                                                                          Hard labor without confinement
                                                                                   Confinement-at bribe or military prison
4.   Identify How to Report an Offense                                             Punitive Separation-as Dismissal, Dishonorable Discharge, or Bad
    If civilians reports offense its treated like military                         Conduct Discharge
    A report should be forwarded ASAP to suspect chain of command                 Death
                                                                                   Confinement on bread and water-assigned to ships brig
5.   Identify the Punitive Articles of the UCMJ                                    Arrest in Quarters-officers only
    Articles 77-134 define crimes punishable under UCMJ                           Extra Duty-can be menial tasks, but not degrading
                                                                                   Correctional custody unit (CCU)-not confinement, used for good
6.   Article 86-Absence Without Leave                                               Marines who got off-track, helps remotivate (maximum of 7 days)
    Fails to go to appointed place of duty at time prescribed
    Leaves from appointment place of duty                                    17. Types of Discharges
    Absents himself or remains absent from unit, organization, place          5 broken down into 2 categories: punitive and Non-Punitive (aka
     duty at time                                                                 Administrative Separation)
                                                                               PUNITIVE Discharges-punishments, 2 types: Dishonorable
                                                                                  Discharge-only awarded at general court martial (CM). Bad Conduct
                                                                                  Discharge-special or general C.M only
ELO 17 CONT: UCMJ                                                         UCMJ CONT.
 Non-Punitive Discharges:                                                7. Article 88-Contempt Towards Officials
     o Other than Honorable-service was less than honorable due to         Words/acts personally contemptuous against President, Vice
         the commission of 1 or more minor offenses not taken to             President, etc.
         court                                                             Adverse criticism can’t be charged
     o General, Under Honorable Conditions-performance was
         characterized by significant negative aspects by not meeting     8.   Article 89-Disrespect Toward a Superior Officer
         standards EX: overweight                                             Acts/words against commissioned officer who is: superior in rank or
     o Honorable-Average proficiency and conduct marking are                   command; in same armed force or if in another force, in the same
         greater 3.0/4.0                                                       chain of command; it’s not necessary the officer be in the execution
 Officers Retire, Resign, or are Dismissed-they’re not discharged             or office; accused must know it was a superior. Not necessary he
                                                                               knows rank, but must be aware or rank.
18. Non-Judicial Punishment
 Purpose is to provide CO’s a prompt and essential means for             9.   Article 90-Assaulting or Willfully Disobeying a Superior
    maintaining good order and discipline. Serves to correct misconduct        Commissioned Officer
    without attaching stigma of court conviction                              Striking; drawing or lifting weapon against them; offering any
 Provided for by Article 15                                                   violence against them; disobeying a lawful command while that
                                                                               superior is in the execution of his office
19. When the Administration of NJP is Appropriate
 Minor offenses (aka when max confinement in UCMJ is less than           10. Article 91-Insubordinate Conduct Toward a Warrant Officer, NCO,
    one year)                                                                 or Petty officer
 Person attached to or embarked on vessel-punishment may not be           Assault; willful disobedience of a lawful order; contemptuous or
    imposed under Article 15 if they demand trial by court martial            disrespectful treatment in language or department
    instead
 Any service member punished under Art. 15 can appeal if felt unjust     11. Article 92-Failure to obey an Order or Regulation
                                                                           Disobedience of a lawful order or regulation; failure to obey lawful
20. Summary Court-Martial                                                     order by member of Armed Forces
 Jurisdiction over everyone subject to UCMJ except: officers, cadets,    12. Article 112a-Wrognful Use, Possession, etc. of Controlled
    aviation cadets, and Midshipman                                           Substance
 For any non-capital offense made punishable by manual for C.M.           Heroin; cocaine; weed; etc, a drug listed in Controlled Substance Act
 Composition of court: one commanding officer                                or listed by President
 Max. punishment for E$ and lover: confinement 20 days, forfeit 2/3
    pay for 1 month, reduction to lowest grade, no punitive discharge     13. Article 121-Larceny and Wrongful Appropriation
    can be awarded                                                         Wrongfully takes, obtains, or withholds any money, personal
 Max pun. For E 5 and above: restriction 45 days, 2/3 pay 1 month,           property, or valuable
    reduce of one pay grade, no punitive discharge, no hard labor          Larceny-stealing properly permanently
    without confinement                                                    Wrongful Appropriation-temporarily depriving property
                                                                                             LEADERSHIP 2: MORAL LEADERSHIP
21. Special Court martial
 Anyone subject for any non-capital offense and under such from               1. Definition of “Military Professional”
    president, for capital offenses                                           A Person who has undergone special preparation and training
 Composition of Court: not less than 3 members; or a military jedge          Has the knowledge on which professional actions are based and
    and no less than 3; or judge, if one has been detailed to the court        ability to apply this knowledge in a practical way.
    and the accused so requests. Enlisted accused may request 1/3             Individual accepts the service motive of their work.
    court by enlisted                                                         Wages are not the primary purpose of their work.
 Max Punishment-confinment 12 months, 2/3 pay 1 year, reduced to
    lowest grade, bad0conduct discharge                                   2.   Select the basis of “Special Trust and Confidence”
                                                                              Based on a natural presumption that Marine Corps officers will
22. General Court Martial                                                      practice integrity, good manners, sound judgment, and discretion;
 Try anyone for any offense made punishable in manual for CM                  and that they will do so with honor and courage.
 Composition-judge and no less than 5; or jedge if the accused
    requests; if enlisted requests 2/3 court be enlisted                  3.   Who has “Special Trust and Confidence”
 Max Punishment-death, all pay and allowance reduce to lowest                The President of the United States has “special trust and
    grade, dishonorable discharge                                              confidence” in the patriotism, valor, fidelity, and abilities of an
                                                                               officer.
                       END OF UCMJ CHAPTER
NOTES:                                                                    4.   Four elements of “Special Trust and Confidence”
                                                                              Patriotism – love and loyalty to one’s country
                                                                              Valor – courage in battle; no person can truly know the depth of
                                                                               one’s personal courage until it is tested
                                                                              Abilities – talents and skills each of us possess
                                                                              Fidelity – faithful devotion to duty

                                                                          5.   Desired Traits of a Professional
                                                                              Competent – Marines must study and work to become an expert in
                                                                               their field while continually striving to improve their knowledge and
                                                                               expertise in all military related skills appropriate to their rank and
                                                                               assignment.
                                                                              Responsible – Marine must first make sure that they know what is
                                                                               expected, and the must work to fulfill those expectations.
                                                                              Dedicated – A marine must be willing to make personal sacrifices.
                                                                               One must put self and personal needs secondary to the needs of the
                                                                               Corps. Duty, honor, and country are the guideposts for a military
                                                                               professional.
MORAL LEADERSHIP CONT.                                                                        LEADERSHIP 2-MISSION AND ORGANIZATION
6. Definition of “Morals”                                                     1.   SECNAV
 Morals - Pertaining to, or concerned with right conduct or the                  Civilian head of Department of Navy, responsible for organization,
   distinction between right and wrong. Morals are much like ethics,               operation and efficiency
   except morals are a balance of societal and personal standards.
                                                                              2.   CNO
7.   Sources of the military code of ethics                                       Senior military officer of Navy, sits as member of Joint Chiefs Staff
    Establishes moral opinion and defines expected or acceptable
     behavior in specialized fields that often encounter new and unique       3.   Commandant of the Marine Corps
     problems.                                                                    Responsibility to SECNAV for admin, discipline, internal
    Written: The USMC does not have a specific code of ethics written             organization, unit training, efficiency, and overall readiness of corps
     into one document. It is primarily a continuation of unwritten               Reports to SNO for the readiness of FMF with Navy operations
     practices accepted and advocated by our society and supported by
     our legal system. In written form, documents may include:                4.   Organization of USMC
       o The oath of office                                                       4 establishments within USMC organization:
       o Commissioning Document                                                    a. HQ-at Pentagon in Arlington, contains departments as
       o The Uniform Code of Military Justice (UCMJ)                                    manpower, installations and logistics; plans, policies and
       o The Code of Conduct                                                            operations are done here
       o The Code of Ethics for Government Employees                               b. Operating Forces-divides into 3 organizations 1)Marine Corps
    Unwritten: There are many standards of conduct not found in any                    Forces (MARFOR) organized as marine-Air Ground Task Forces
     manual or document. These are the same of the time-honored                         and are employed as part of naval expeditionary forces or
     traditions we learn as Marines.                                                    separate as part of larger joint or combined forces. 2) Marine
                                                                                        Corps Security Forces (MCSF)—includes 3,400 Marines who
8.   Definition of “Noblesse Oblige”                                                    protect key installations. 3) Marine Security Guards-provide to
    “Noblesse Oblige” – literal translation means “nobility obligates”                 Department of State for embassy security. 138 diplomatic posts

                      th     th
     Originated in 18 & 19 century as men of position saw that by                       in 124 counties.
     virtue of their position, it was incumbent upon them to render                c. Supporting Establishment-consists of personnel, bases,
     appropriate public service.                                                        activities supporting USMC forces.
    As officers, noblesse oblige is a principle that applies to personal          d. Marine Corps Forces Reserve (MARFORRES)
     behavior
    Officers who violate the code of their profession must expect to be                  END OF MISSION AND ORGANIZATION CHAPTER
     punished. The rank or position is not a shield from justice. The price   NOTES:
     officers pay for “special trust and confidence” is exacting and
     unremitting personal accountability.
                           END OF MORAL LEADERSHIP
     NOTES:
       LEADERSHIP 2: CODE OF CONDUCT/LAW OF WARFARE
1) Article I of the Code of Conduct:
 I am an American fighting in the forces which guard my country and
   our way of life. I am prepared to give my life in their defense.

2) Article II of the Code of Conduct:
 I will never surrender of my own free will. If in command, I will
   never surrender the members of my command while they still have
   the means to resist.
3) Article III of the Code of Conduct:
 If I am captured I will continue to resist by all means available. I will
   make every effort to escape and aid others to escape. I will accept
   neither parole nor special favors from the enemy.

4) Article IV of the Code of Conduct:
 If I become a prisoner of war, I will keep faith with my fellow
   prisoners. I will give no information or take part in any action which
   might be harmful to my comrades. If I am senior, I will take
   command. If not, I will obey the lawful orders of those appointed
   over me and will back them up in every way.

5) Article V of the Code of Conduct:
 When questioned, should I become a prisoner of war, I am required
   to give name, rank, service number and date of birth. I will evade
   answering further questions to the utmost of my ability. I will make
   no oral or written statements disloyal to my country and its allies or
   harmful to their cause.

6) Article VI of the Code of Conduct:
 I will never forget that I am an American fighting for freedom,
   responsible for my actions, and dedicated to the principles which
   made my country free. I will trust in my God and in the United
   States of America.
CODE OF CONDUCT/LAW OF WARFARE CONT.
7) Information POW’s are Required to Surrender to their Captors:
 Ever Prisoner of war, when questioned on the subject, is bound to
     give only his surname, first names and rank, date of birth, and army,
     regimental, personal or serial number, or equivalent information.

8) Consequences of Failing to Surrender Required Information:
 If he/she willfully infringes this rule, he/she may render himself
    liable to a restriction of the privileges accorded to his/her rank or
    status.

9) Rules Applicable in the Law of War:
 The articles of the Geneva Convention.
 The UCMJ (Uniform Code of Military Justice).
 The Code of Conduct (Executive Order 10631).
 The laws of the Detaining Power are all applicable to a POW.

10) 9 Principles in the Laws of War:
1. Fight only enemy combatants.
2. Do not harm enemies who surrender, disarm them and turn them
     over to your superior.
3. Do not kill or torture prisoners.
4. Collect and care for the wounded, whether friend or foe.
5. Do not attack medical personnel, facilities, or equipment.
6. Destroy no more than the mission requires.
7. Treat all civilians humanely.
8. Do not steal; respect private property and possessions.
9. Do your best to prevent violations of the law of war; report all
     violations to your superior, a military lawyer, a chaplain, or provost
     marshal.
             END OF CODE OF CONDUCT/LAW OF WARFARE
NOTES: