Now, some of you may be like, its a weed eater, you cant hear it in the. You can presume an order to perform a military duty is legal, but following an order that an ordinary person would know to. I am an attorney with over 12 years military law experience. I thought i read in an ar or a fm a few weeks back that a soldier who is on extra duty for an article 15 cannot be used for cq or staff duty until the extra duty period is complete. We had an nco on extra duty for 14 days who only served a week because he went on. Under ar 2710, paragraph 321b, i request that all the punishments that i received under the article 15 which involve deprivation of liberty specifically my extra duty and restriction be interrupted pending a decision on my appeal. The second type is the company grade article 15, also. Ok, so ive heard from a few soldiers that if you are on extra duty and you have a break in service because of other dutys ie going to the field, tdy that you are not supposed to have a break in your extra duty so you do not finish the rest of your extra duty. Although corrective training may be accomplished after normal duty hours, the measures must be training or instructive in nature, not punishment.
Consequences of a criminal conviction for service members. If, in a field grade article 15, you get 45 days extra duty, you may only receive 45 days restriction. Summarized record of proceedings under article 15, ucmj. One of the most effective nonpunitive measures available to a commander is extra training or instruction see ar 60020.
It is the commanders discretion as to which type of article 15 should be imposed. Restriction and extra duty, if you receive both, they must be served at the same time. Ar 2710, 3 october 2011 chapter 3 nonjudicial punishment. Punishment cannot exceed 14 days extra duty, 14 days restriction, oral admonition or reprimand, or any combination thereof. Ar 2710 military justice this major revision, dated 3 october 2011o modifies requirements for da forms 2627, 26271, and 26272 figs 31 through 33. T h i s p u b l i c a t i o n i s a m a j o r revision. Data required by the privacy act of 1974 authority. Both corrective training and extra duty are designed to help soldiers improve. There are three types of nonjudicial punishment established by article 15 of the uniform code of military justice. Corrective training and extra duty whats the difference. I just received an company grade article 15 on the 9th of.
Extra duty soldier hard at work grateful that he only got extra duty and restriction developmental counseling form for use of this form see fm 22100. The offenses of failure to go to and going from the appointed place of duty require proof that the accused actually knew of the appointed time and place of duty. No two or more punishments involving deprivation of liberty may be combined, in. E1e4 45 extra duty45 restriction 60 if no extra duty. The law requires the president of the united states. Failure to obey the lawful order of one not a superior is an offense under article 92 2, provided the accused had a duty to obey the order, such as one issued by a sentinel or a member of the armed forces police. My question is regarding ar 2710 about extra duty hours. For more information, reference fm 622 army leadership, ar 60020 army command policy, and ar 2710 military justice. With the following exception, punishment authorized under ucmj, art. How to impose the article 15 the commander records the formal article 15 proceedings on da form 2627 or summarized proceedings on da form 26271 army regulation 2710, appendix b contains a suggested guide for conducting the proceedings. Human resources senior leaders course facilitating the discussion.
Many chaplains and religious affairs specialists have received other medals for valor. Legal services claims army regulation 2720 effective 8 march 2008 h i s t o r y. The punishments that may be imposed are limited to. 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. I cannot find that stipulation now and need it to get a soldier relieved from the cq roster so their extra duty does not get extended past the original 14 days assigned.
Ar 2710, paragraph 33, adds to the discussion with similar verbiage. Army regulation 2710 legal services military justice headquarters department of the army washington, dc 24 june 1996 unclassified. It determines what conduct is criminal, establishes the various types of courts, and sets forth the procedures to be followed in the administration of military justice. No two or more punishments involving the deprivation of liberty may be combined to run either consecutively or concurrently, except that restriction and extra duty may be combined but not to run for a period in excess of the maximum duration allowed for extra duty. The offense of absence from the unit, organization, or place of duty with intent to avoid maneuvers or field exercises requires proof that the accused actually knew that the. I appeal and submit additional matters a summarized article 15 may only be used for enlisted personnel. Extra duty in the form of corrective training is allowed, provided that the corrective training is specifically tailored to address the alleged misconduct or deficiency. E5e6 45 extra duty45 restriction 60 if no extra duty. Im only an e4, but when ncos treat junior enlisted what i feel i wrong, i get pissed off. The information in this handout is given to you as a guide, but it is not a substitute for actual legal advice from a td s attorney.
Legal services military justice library of congress. Typically the level of article 15 should be commensurate with the type of offense ensuring that an escalation of. T h i s r e g u l a t i o n s e t s f o r t h guiding policies and legal principles for i n v e s t i g a t i n g, p r o c e s s i n g, a n d s e t t l i n g. The ucmj defines the military justice system and lists criminal offenses under military law. If you are thinking of asking for a courtmartial, you must talk with. Bragg policy according to the mp station who wouldnt do shit about it at that. One of the most effective nonpunitive measures available to a commander is extra training or instruction. Consequences of a criminal conviction for service members maj michael gould united states army reserve.
It is used when a soldiers duty performance has been substandard or deficient. All assignments to detail, except authorized special duty details, or other exceptions see. Ar 190, the army physical security program, 25 february 2011. Commanders and first sergeants quick reference guide to. The ucmj is a federal law and the basis of our military justice system. We strive to provide information on this website that is accurate, complete and timely, but we make no guarantees about the information, the selection of schools, school accreditation status, the availability of or eligibility for financial aid, employment opportunities or education or salary outcomes. If we store extra m16s in the chapel or in a shack adjacent. Legal services military justice united states army. Basic things every soldier facing an article 15 should do. The proponent of fm 105 is the united states army combined arms center. You can find the ucmj in appendix 2 of the mcm, united states, 1984 or in 10. The law of armed conflict loac is a series of broadbased rules defining how we fight a war. Is regulation supers8des ar 2710, dated 8 august 1994, and interim change 101, dated 16 december 1994. Ar 6009, table 31 weight for height tablescreening table weight 10.
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