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
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
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
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
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
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.
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
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)
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
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
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
END OF CODE OF CONDUCT/LAW OF WARFARE