Q. What Army Regulation covers military justice?
A. AR 27-10.

Q. How many articles are there in the UCMJ?
A. 140.

Q. What are articles 77 through 134 known as?
A. Punitive articles.

Q. Is military discipline punishment?
A. No, it is a state of order and obedience among military personnel resulting from training.

Q. Under what article is non-judicial punishment imposed?
A. Article 15.

Q. Do you have the right to demand trial by court martial?
A. Yes.

Q. What is the UCMJ?
A. The Uniform Code of Military Justice is the federal law that is the basis for the system of justice in the military. It discloses what conduct is a crime, establishes the types of court and sets forth procedures to be followed in administering military justice.

Q. When was the UCMJ enacted?
A. May 1950 (It replaced the articles of war).

Q. Who may be punished under the UCMJ?
A. All military personnel, including Warrant and Commissioned Officers (with the exception of ROTC cadets).

Q. Who has the power to reduce a soldier in grade?
A. The promotion authority.

Q. Who may impose an Article 15?
A. Any commander in the chain of command of the individual involved.

Q. Can a Warrant Officer administer an Article 15?
A. Only if he/she is the commander in charge of the individual.

Q. When is the accused entitled to a military lawyer?
A. When on trial in a special or general Court Martial. For any other disciplinary action he may be represented by his own counsel at his expense.

Q. Can an accused object to trial by summary Court Martial?
A. Yes, he will then be tried by a special Court Martial.

Q. What are the three types of court martials?
A. Summary, special, and general.

Q. What is a DD 458?
A. Court Martial Charge Sheet.

Q. What is the maximum sentence which may be given by special Court Martial?
A. Confinement at hard labor for six months, forfeiture of two-thirds pay per month for six months, reduction to the lowest grade.

Q. Can a trial by special or general Court Martial be a trial by a military judge alone?
A. Yes, if the accused requests so in writing?

Q. When can a bad conduct discharge be sentenced by a special Court Martial?
A. Only when a military judge is detailed to the trial.

Q. Who can prefer charges against a member of the services?
A. Any person subject to the UCMJ.

Q. What is meant by "Field Grade Article 15"?
A. Non-judicial punishment imposed by a field grade officer, normally a Battalion Commander.

Q. Can an NCO be given extra duty by an Article 15?
A. Yes, but only in a supervisory capacity.

Q. Can a member of the Armed Forces accused of a civilian offense be delivered to civilian authorities?
A. Yes, upon request.

Q. What is the highest court in the United States Army?
A. U.S. Army Court of Criminal Appeals.

Q. Who comprises the U.S. Court of Military Appeals?
A. It is composed of three (3) civilian judges appointed by the President of the United States.

Q. What is the length of time you have to appeal an Article 15?
A. A reasonable amount of time (normally no more than 5 calendar days).

Q. What is the maximum punishment that can be given for willfully disobeying the lawful order of a commissioned officer?
A. Dishonorable discharge and 5 years at hard labor.

Q. How long is a record of non-judicial punishment maintained in your military personnel (201) file?

A. Formal Grade Article 15 - Permanent; Summarized Article 15 - is not placed in 201 file. It remains at the unit level.

Q. To whom may an Article 15 be appealed to?
A. The next higher commander in the chain of command.

Q. What is the difference between disciplinary action under the provisions of Article 15 and trial by court martial?
A. A court martial conviction is a federal conviction. An Article 15 is non-judicial punishment.

Q. What is the purpose of an Article 15?
A. Expeditious handling of minor offenses.

Q. What is the maximum authorized punishment a company commander may impose?
A. 14 days extra duty; 14 days restriction; 7 days correctional custody; 7 days forfeiture of pay; 14 days detention of pay; 1 grade reduction in grade E-4 and below.

Q. What are the 5 types of discharges?
A. Honorable; General; Undesirable; Bad Conduct; Dishonorable.

Q. If a man has a Court Martial, does his record follow him after he leaves the Army?
A. Yes, a court martial conviction is a federal felony conviction.

Q. Can a court martial be appealed?
A. Yes, conviction by a general Court Martial, and by a special Court Martial in which a Bad Conduct Discharge was adjudged, can be appealed to the Court of Military Review, or the Court of Military Appeals. All other cases will be appealed to the Judge Advocate General.

Q. Explain what is a reduction, suspended for 30 days?
A. The reduction will be held up for 30 days and then is nullified, unless the offender gives causes for the suspension to be vacated. In that case the reduction will become effective on the date of the Article 15.

Q. If a person accepts an Article 15, does he acknowledge guilt?
A. No.

Q. When offered an Article 15, does a person have the right to present a defense, call a witness or present a statement?
A. Yes.

Q. What is the maximum number of hours extra duty per day that can be given under Article 15?
A. Extra duties may be required to be performed at any time and within the duration of the punishment for any length of time.

Q. Who may be placed in correctional custody?
A. E-3's and below.

Q. Can a POW be Court Martialed for acts committed in an enemy camp?
A. Yes, the UCMJ applies as long as you are in the service, no matter what the location is.

Q. What are the two classifications of Article 15?
A. Company Grade and Field Grade.

Q. What is Article 31?
A. This Article specifies an individual's right to remain silent and to have legal counsel. It protects against self-incrimination.

Q. What is Article 91 in the Manual for Courts-Martial?
A. The article giving an NCO his/her authority.

Q. Does the company commander have to read you your rights under Article 31 of the UCMJ when preparing to impose punishment upon you under Article 15?
A. Yes.

Q. Is the punishment under Article 15 required to be posted on unit bulletin boards?
A. Yes, for 7 days following imposition of punishment for E-4's and below. It is the commander's discretion for E-5's and above.

Q. Is it legal for a commander to administer two Article 15's to you for two separate offenses, if he is aware of both offenses?
A. No, he must combine both charges into one Article 15.

Q. How many days or hours do you have to accept punishment under Article 15?
A. Summarized - Reasonable amount of time (normally 24 hours).
Formal - Reasonable amount of time (normally 48 hours).

Q. Can a company grade commander reduce a person in pay grade of E-5 or above?
A. No.

Q. Must you accept punishment under Article 15?
A. No, you may demand trial by Court Martial (unless attached to or embarking on a vessel).

Q. Must you accept trial by summary Court Martial?
A. No, you can demand trial by special Court Martial.

Q. What is the maximum punishment you can receive from a field grade Article 15?
A. Reduction to E-1 (E-4's and below); Reduction one rank (E-5's & E-6's); Forfeiture of 1/2 of 1 months pay for two months; Detention of pay (1/2 of 1 months pay for three months); Restriction for 60 days; Correctional custody for 30 days (E-3's and below).

Q. What is the difference between detention and forfeiture?
A. Forfeiture is not returned, detention is held for a certain period of time and then returned.

Q. What is done with the pay forfeited under Article 15?
A. It is donated to the Old Soldier's Home.

Q. If you appeal an Article 15 and it is denied, can the appealing authority increase the punishment given by the commander?
A. No.

Q. What is the lowest form of legal punishment?
A. Summarized Article 15.

Q. What is meant by matters in extenuation or mitigation?
A. Any further information which might have a bearing on the case.

Q. Who is the president of a Court Martial?
A. The senior officer present.

Q. Who is the law officer on a special Court Martial?
A. The military judge. If there is a non-military, then it is the president of the Court Martial.

Q. Under Article 15 proceedings, may you have an open hearing?
A. It is up to the commander.

Q. If an Article 15 is appealed, what action can the Appealing Authority take?
A. Leave it the same, reduce the punishment or drop the Article 15.

Q. What is a reprimand?
A. A reprimand is an act of formal censure which reproves or rebukes the offender for his misconduct.