ࡱ>    !"#$%&'()*+,-./0123456789:;<=>?@ABCDEFGHIJKLMNOPQRSTUVWXYZ[\]^_`abcdefghijklmRoot EntryZ O2Hm`nCONTENTS CompObjVel) a date will be set for the court martial. 2. When accused of an offence under the Uniform Code of Military Justice all members of the United States Army are entitled to an assisting officer holding a commission in the United States Army. Should the defendant be unable to find an assisting officer, one may be assigned by the Judge Advocate General. 3. The three types of Court Martial are as follows: a) Summary Court Martial b) Special Court Martial c) General Court Martial 4. Summary Court Martial Authority & Procedures a) A summary court martial has the authority to issue a sentence that would include Rank freeze, additional duties, re-assignment, and a reduction in rank for a maximum of 1 rank. b) A summary court martial requires no jury. The Judge Advocate General will rule based on the information brought forward. c) With a summary court martial the charges will be presented by the Charging Officer to the Judge Advocate General. d) Once the charging officer makes his/her statements the accused will be given an opportunity to present his/her case. e) Once each side has presented their case an opportunity will be given to each side to counter the others statements. f) After each side has presented their counter to the claims of the other party the hearings will be closed. g) The Judge Advocate will announce the verdict and assign a punishment to any charges in which the accused has been found guilty. h) If the accused is found innocent of all charges, the case will be dismissed and no records will be retained. i) Should the accused be acquitted of any of the charges laid against him/her the case will be dismissed however the findings will be placed on the accused record. 5. Special Court Martial Authority & Procedures a) A sCHNKINK TEXTTEXTԷFDPPFDPPFDPPFDPPFDPPFDPPFDPPFDPPFDPPFDPPFDPCFDPCFDPCFDPCFDPCFDPCSTSHSTSHhSTSHSTSHhSYIDSYID^SGP SGP rINK INK vBTEPPLC z8BTECPLC (FONTFONTSTRSPLC t:PRNTWNPR Uniform Code of Military Justice GENERAL PROVISIONS 1. The rules and regulations within this document apply to all members of the United States Army. This document supersedes all other orders. 2. Personnel found in breach of the regulations within can be sentenced as applies to the regulation by the Judge Advocate General. 3. These regulations may only be revised with the mutual consent of the Judge Advocate General and the Chief of Staff of the United States Army. 4. Any and all other orders will be considered invalid and illegal commands if found in contradiction to the regulations within. PROCEDURES FOR COURT MARTIAL 1. To place charges against another member of the United States Army the following procedures must be adhered to: a) The charging member must inform a Staff Judge Advocate that they wish to place charges against another member of the United States Army and must give the reasons for these charges. b) Once specific charges are obtained the case will be brought before the Judge Advocate General to review the evidence. At this point the Judge Advocate General will decide if the evidence as it stands is enough to accuse a member of the United States Army of a crime. c) Should there not be enough evidence the case will be dismissed and no records will be kept. d) Should the Judge Advocate General decide enough evidence exists to continue with a Court Martial a level of court martial will be decided based on the severity of the charges and the amount of previous offences the accused has been found guilty of. e) Once a level of court martial has been determined, the accused will be informed of the charges laid against him and advised to seek legal counsel. f) Once legal counsel has been obtained (or the defendant refuses legal counspecial court martial has the authority to issue all sentences authorized under a Summary Court Martial in addition to the following: - Reduction in Rank to a maximum of 3 ranks - Loss of Commission b) A Special court martial requires a jury consisting of 3 commissioned officers of the United States Army. c) With a Special Court Martial a plea will be made by the accused d) should the accused plead guilty the Judge Advocate General will pass sentence e) should the accused plead not guilty the Charging officer followed by the accused assisting officer will make their opening statements. f) Once opening statements have been made the Judge Advocate General will determine a time for the Charging Officer to present his case. g) The Charging Officer followed by the assisting officer of the accused will present their cases. h) Opportunity will then be given to cross-examine the evidence presented to the jury. i) After cross-examination is complete each party will make their closing statements beginning with the Accusing officer. j) Once closing statements have been made the jury will confer privately to decide upon a verdict. All 3 members of the jury must agree to the verdict for each individual charge that has been filed. k) Once a verdict is found, it will be presented to the Judge Advocate General who will pass sentence on the accused. 6. General Court Martial Authority & Procedures a) A General Court-Martial is authorized to issue all sentences authorized under Special and Summary Court-Martial s in addition to the following: - Maximum reduction to the lowest enlisted rank - Leave of Absence from the United States Army - Dishonourable Discharge - Permanent Promotion Freeze b) A General court martial requires a jury consisting of 3 Commissioned Officers of the United States Army. None of the 3 selected officers may be under the control of the same person. c) With a General Court-Martial a plea will be made by the accused d) should the accused plead guilty the Judge Advocate General will pass sentence e) should the accused plead not guilty the Charging officer followed by the accused assisting officer will make their opening statements. f) Once opening statements have been made the Judge Advocate General will determine a time for the Charging Officer to present his case. g) The Charging Officer followed by the assisting officer of the accused will present their cases. h) Opportunity will then be given to cross-examine the evidence presented to the jury. i) After cross examination is complete each party will make their closing statements beginning with the Accusing officer. j) Once closing statements have been made the jury will confer privately to decide upon a verdict. All 3 members of the jury must agree to the verdict for each individual charge that has been filed. k) Once a verdict is found, it will be presented to the Judge Advocate General who will pass sentence on the accused. COURT OF MILITARY APPEALS 1. Is where any rulings made in a General or Special Court Martial may be appealed. 2. To file for appeal the following procedures must be adhered to: a) the convicted must inform a Staff Judge Advocate of his/her wish to appeal, naming the charge that the convicted would wish to appeal. b) The convicted will then be placed before a panel of 3 Field Grade Commissioned Officers to present the reasons for appeal. c) Should the 3 Officers accept the appeal, the Judge Advocate General will be informed. d) The Judge Advocate General will then review the officer s reasons for accepting the appeal and pass judgement. e) In the case that the Judge Advocate General accepts the appeal, the sentencing will be revoked and all charges dismissed. The service record of the member in question will be altered to show no records of the charges or sentence. f) Should the appeal be rejected at any time during this process another appeal may not be allowed for a period of six (6) months. PUNITIVE ARTICLES 1. ACCESSORY AFTER THE FACT Any person subject to this chapter who, knowing that an offence punishable by this chapter has been committed, receives, comforts, or assists the offender in order to hinder or prevent his apprehension, trial, or punishment shall be punished as a court-martial may direct. 2. CONVICTION OF LESSER OFFENCE An accused may be found guilty of an offence necessarily included in the offence charged or of an attempt to commit either the offence charged or an offence necessarily included therein. 3. ATTEMPTS (a) An act, done with specific intent to commit an offence under this chapter, amounting to more than mere preparation and tending, even though failing, to effect its commission, is an attempt to commit that offence. (b) Any person subject to this chapter who attempts to commit any offence punishable by this chapter shall be punished as a court-martial may direct, unless otherwise specifically prescribed. (c) Any person subject to this chapter may be convicted of an attempt to commit an offence although it appears on the trial that the offence was consummated. 4. CONSPIRACY Any person subject to this chapter who conspires with any other person to commit an offence under this chapter shall, if one or more of the conspirators does an act to effect the object of the conspiracy, be punished as a court-martial may direct. 5. SOLICITATION (a) Any person subject to this chapter who solicits or advises another or others to desert in violation of section 885 of this title (article 85) or mutiny in violation of section 894 of this title (article 94) shall, if the offence solicited or advised is attempted or committed, be punished with the punishment provided for the commission of the offence, but, if the offence solicited or advised is not committed or attempted, he shall be punished as a court-martial may direct. (b) Any person subject to this chapter who solicits or advises another or others to commit an act or misbehaviour before the enemy in violation of section 899 of this title (article 99) or sedition in violation of section 894 of this title (article 94) shall, if the offence solicited or advised is committed, be punished with the punishment provided for the commission of the offence, but, if the offence solicited or advised is not committed, he shall be punished as a court-martial may direct. 6. FRAUDULENT ENLISTMENT, APPOINTMENT, OR SEPARATION Any person who-- (1) procures his own enlistment or appointment in the armed forces by knowingly false representation or deliberate concealment as to his qualifications for the enlistment or appointment and receives pay or allowances thereunder; or (2) procures his own separation from the armed forces by knowingly false representation or deliberate concealment as to his eligibility for that separation; shall be punished as a court-martial may direct. 7. UNLAWFUL ENLISTMENT, APPOINTMENT, OR SEPARATION Any person subject to this chapter who effects an enlistment or appointment in or a separation from the armed forces of any person who is known to him to be ineligible for that enlistment, appointment, or separation because it is prohibited by law, regulation, or order shall be punished as a court-martial may direct. 8. DESERTION (a) Any member of the armed forces who-- (1) without authority goes or remains absent from his unit, organization, or place of duty with intent to remain away therefrom permanently; (2) quits his unit, organization, or place of duty with intent to avoid hazardous duty or to shirk important service; or (3) without being regularly separated from one of the armed forces enlists or accepts an appointment in the same or another on of the armed forces without fully disclosing the fact that he has not been regularly separated, or enters any foreign armed service except when authorized by the United States; is guilty of desertion. (b) Any commissioned officer of the armed forces who, after tender of his resignation and before notice of its acceptance, quits his post or proper duties without leave and with intent to remain away therefrom permanently is guilty of desertion. (c) Any person found guilty of desertion or attempt to desert shall be punished, if the offence is committed in time of war, by death or such other punishment as a court-martial may direct, but if the desertion or attempt to desert occurs at any other time, by such punishment, other than death, as a court-martial may direct. 9. ABSENCE WITHOUT LEAVE Any member of the armed forces who, without authority-- (1) fails to go to his appointed place of duty at the time prescribed; (2) goes from that place; or (3) absents himself or remains absent from his unit, organization, or place of duty at which he is required to be at the time prescribed; shall be punished as a court-martial may direct 10. MISSING MOVEMENT Any person subject to this chapter who through neglect or design misses the movement of a ship, aircraft, or unit with which he is required in the course of duty to move shall be punished as a court-martial may direct. 11. CONTEMPT TOWARD OFFICIALS Any commissioned officer who uses contemptuous words against the President, the Vice President, Congress, the Secretary of Defense, the Secretary of a military department, the Secretary of Transportation, or the Governor or legislature of any State, Territory, Commonwealth, or possession in which he is on duty or present shall be punished as a court-martial may direct. 12. DISRESPECT TOWARD SUPERIOR COMMISSIONED OFFICER Any person subject to this chapter who behaves with disrespect toward his superior commissioned officer shall be punished as a court-martial may direct. 13. ASSAULTING OR WILFULLY DISOBEYING SUPERIOR COMMISSIONED OFFICER Any person subject to this chapter who-- (1) strikes his superior commissioned officer or draws or lifts up any weapon or offers any violence against him while he is in the execution of his officer; or (2) wilfully disobeys a lawful command of his superior commissioned officer; shall be punished, if the offence is committed in time of war, by death or such other punishment as a court-martial may direct, and if the offence is committed at any other time, by such punishment, other than death, as a court-martial may direct. 14. INSUBORDINATE CONDUCT TOWARD WARRANT OFFICER OR A NON-COMMISSIONED OFFICER Any warrant officer or enlisted member who-- (1) strikes or assaults a warrant officer, or non-commissioned officer while that officer is in the execution of his office; (2) wilfully disobeys the lawful order of a warrant officer, or non-commissioned officer; or (3) treats with contempt or is disrespectful in language or deportment toward a warrant officer, or non-commissioned officer while that officer is in the execution of his office; shall be punished as a court-martial may direct. 15. FAILURE TO OBEY ORDER OR REGULATION Any person subject to this chapter who-- (1) violates or fails to obey any lawful general order or regulation; (2) having knowledge of any other lawful order issued by any member of the armed forces, which it is his duty to obey, fails to obey the order; or (3) is derelict in the performance of his duties; shall be punished as a court-martial may direct. 16. CRUELTY AND MALTREATMENT Any person subject to this chapter who is guilty of cruelty toward, or oppression or maltreatment of, any person subject to his orders shall be punished as a court-martial may direct. 17. MUTINY OR SEDITION (a) Any person subject to this chapter who-- (1) with intent to usurp or override lawful military authority, refuses, in concert with any other person, to obey orders or otherwise do his duty or creates any violence or disturbance is guilty of mutiny; (2) with intent to cause the overthrow or destruction of lawful civil authority, creates, in concert with any other person, revolt, violence, or disturbance against that authority is guilty of sedition; (3) fails to do his utmost to prevent and suppress a mutiny or sedition being committed in his presence, or fails to take all reasonable means to inform his superior commissioned officer or commanding officer of a mutiny or sedition which he knows or has reason to believe is taking place, is guilty of a failure to suppress or report a mutiny or sedition. (b) A person who is found guilty of attempted mutiny, mutiny, sedition, or failure to suppress or report a mutiny or sedition shall be punished by death or such other punishment as a court- martial may direct. 18. NON-COMPLIANCE WITH PROCEDURAL RULES Any person subject to this chapter who-- (1) Is responsible for unnecessary delay in the disposition of any case of a person accused of an offence under this chapter; or (2) Knowingly and intentionally fails to enforce or comply with any provision of this chapter regulating the proceedings before, during, or after trial of an accused; shall be punished as a court-martial may direct. 19. MIS-BEHAVIOUR BEFORE THE ENEMY Any person subject to this chapter who before or in the presence of the enemy-- (1) Runs away; (2) Shamefully abandons, surrenders, or delivers up any command, unit, place, or military property, which it is his duty to defend; (3) Through disobedience, neglect, or intentional misconduct endangers the safety of any such command, unit, place, or military property; (4) Casts away his arms or ammunition; (5) Is guilty of cowardly conduct; (6) Quits his place of duty to plunder or pillage; (7) Causes false alarms in any command, unit, or place under control of the armed forces; (8) Wilfully fails to do his utmost to encounter, engage, capture, or destroy any enemy troops, combatants, vessels, aircraft, or any other thing, which it is his duty so to encounter, engage, capture, or destroy; or (9) Does not afford all practicable relief and assistance to any troops, combatants, vessels, or aircraft of the armed forces belonging to the United States or their allies when engaged in battle; shall be punished by death or such punishment as a court-martial may direct. 20. SUBORDINATE COMPELLING SURRENDER Any person subject to this chapter who compels or attempts to compel the commander of any place, vessel, aircraft, or military property, or of any body of members of the armed forces, to give it up to an enemy or to abandon it, or who strikes the colours or flag to any enemy without proper authority, shall be punished by death or such other punishment as a court-martial may direct. 21. CAPTURED OR ABANDONED PROPERTY Any person subject to this chapter who, with intent to deceive, signs any false record, return, regulation, order, or other official document, knowing it to be false, or makes any other false official statement knowing it to be false, shall be punished as a court-martial may direct. 22. RIOT OR BREACH OF PEACE Any person subject to this chapter who causes or participates in any riot or breach of the peace shall be punished as a court-martial may direct. 23. PROVOKING SPEECHES OR GESTURES Any person subject to this chapter who uses provoking or reproachful words or gestures towards any other person subject to this chapter shall be punished as a court-martial may direct. 24. FORGERY Any person subject to this chapter who, with intent to defraud-- (1) Falsely makes or alters any signature, to, or any part of, any writing which would, if genuine, apparently impose a legal liability on another or change his legal right or liability to his prejudice; or (2) Utters, offers, issues, or transfers such a writing, known by him to be so made or altered; is guilty of forgery and shall be punished as a court-martial may direct. 25. ESPIONAGE 1) Any person subject to this chapter who, with intent or reason to believe that it is to be used to the injury of the United States Army or the advantage of an outside organization, communicates, delivers, or transmits, or attempts to communicate, deliver, or transmit, to any entity described in paragraph (2), either directly or indirectly, any thing described in paragraph (3) shall be punished as a court martial may direct. 2) An entity referred to in paragraph (1) is-- (A) another Role Playing/ Play by Email/ Play by message board game; (B) any outside group not authorized to have the information (C) any form of media or search engine (D) any group or individual whom would slander or disrepute the United States Army. 3) A thing referred to in paragraph (1) is a document, information, file, image, plan, order, record, code, note, or anything deemed secure or classified for any reason. 26. FALSE STATEMENTS Any person subject to this chapter who, with intent to deceive, signs any false record, return, regulation, order, or other official document, knowing it to be false, or makes any other false official statement knowing it to be false, shall be punished as a court-martial may direct. 27. FRAUDS AGAINST THE UNITED STATES Any person subject to this chapter-- (1) who, knowing it to be false or fraudulent--(A) makes any claim against the United States or any officer thereof; or (B) presents to any person in the civil or military service thereof, for approval or payment, any claim against the United States or any officer thereof; (2) who, for the purpose of obtaining the approval, allowance, or payment of any claim against the United States or any officer thereof (A) makes or uses any writing or other paper knowing it to contain false or fraudulent statements; (B) makes any oath to any fact or to any writing or other paper knowing the oath to be false; or (C) forges or counterfeits any signature upon any writing or other paper, or uses any such signature knowing it to be forged or counterfeited; (3) who, having charge, possession, custody, or control of any money, or other property or the United States, furnished or intended for the armed forces thereof, knowingly delivers to any person having authority to receive it, any amount thereof less than that for which he receives a certificate or receipt; or (4) who, being authorized to make or deliver any paper certifying the receipt of any property of the United States furnished or intended for the armed forces thereof, makes or delivers to any person such writing without having full knowledge of the truth of the statements therein contained and with intent to defraud the United States; shall, upon conviction, be punished as a court-martial may direct. 28. CONDUCT UNBECOMING AN OFFICER AND A GENTLEMAN Any commissioned officer, or cadet who is convicted of conduct unbecoming an officer and a gentleman shall be punished as a court-martial may direct. 29. UNLAWFUL ACCESS TO SECURE AREAS Any person who without authority accesses any site restricted areas, documents, pages, rooms, boards, memos, plans, or conversations of which they did not have appropriate authorization to do so, shall be punished as a court-martial may direct. 30. GENERAL ARTICLE Though not specifically mentioned in this chapter, all disorders and neglects to the prejudice of good order and discipline in the armed forces, ill conduct of a nature to bring discredit upon the armed forces, and crimes and offences not capital, of which persons subject to this chapter may be guilty, shall be taken cognizance of by a general, special or summary court-martial, according to the nature and degree of the offence, and shall be punished at the discretion of that court. DISCLAIMER This document is produced for the use of the United States Army Role-Playing Game, and is no way associated or applies to actual US Army or Military documents or procedures. THIS DOCUMENT WAS LAST REVISED: 12 August 2003 BY DIRECTION, R Bellmon Robert Bellmon Brigadier General USA Judge Advocate General feited; (3) who, havRBDjlpR T t v 6 8 24bd\^8:n8:tvRT\^@B fp r !!""##$$J%L%SL%B&D&''(((()*)R*T**+R+++----6.8.N/P/d0f0.1011122j4l4Z55586:666778899v:x:L<N<V=X=Z=~=====?? @"@AAAAhCD(F*FFFHF8H:HZH\H LPPpPrPPQPPjRT TpTrTVV WWbWXzY\\]^`````8a:aa bccccfeheeehhhh,j.jjj k kRlnn~oooopqbsdsssttuvvvv8x:xhxjxxvz|X` "|N^` *@؇@ΌЌ fhڒܒHJ֕ؕZ\Z\xzdfڞ*,df:ƨZ\bdNPxzHJL " "v "|Lbd¸ĸ"$@BVtιйҹԹ(2"'( ) @S ?D====???@"@AAAAA(F0FDFHF6H8H@HXHZH^HL LPP PnPrPPPhRjRTTTVVV`WbWXXxYzY \\]]`````8a:aaab b. "PS" $ 08  " (" $ 08 "  " " D bcchh*j,j k kPlRlooppqq`sbsttttuu6x8xBxxxtzvz||VX^` (*>@և؇>@̌Ό،(. "PS" $ 08 " (" $ 08) ƕZ\,bdn8:ĨƨZ\z$@BV̹ιԹvH. " $  08* " $ 08. "PS" $ 08(" $ 08 " T@dTSH8>b4Definition TermDefinition ListH1H2H3H4H5H6Address Blockquote Preformattedz-Bottom of Form z-Top of Form AdTSHp~ 0:P`vf " " " " " "|  ""|e " "  e  "| " "  e  " " "  e " "  e  " " "  e  " " "  e  "   " "|"|" " d, "$  08U)P2J' (@ J   O +%( u.0 78 c A@ (VJH SP \. " $  08u. " $  08u ttL%PLԹ bԹJEdONT4ZvTimes New RomanSignet Roundhand Courier NewArial[ " " " ,,K KHHP DeskJet 690C Series Printer7d,,HP DeskJet 690C Series PrinterLPT1 ,,0winspoolHP DeskJet 690C Series PrinterLPT1:F"\""V"i"` "``""A."@"\""V"i"` "``"."code.wps""p"pp (" )"^8:n8:tvRT\^@B fp r !!""##$$J%L%FRAMFRAMTITLTITLBDOP DOP T" Z O2Quill96 Story Group Class9q