I'm in irag and my C.O. said he smelled alcohol on my breath, so he took me to the tmc for testing. What regulation covers this? Also what regulation covers useing counseling statements to recommend umcj action?
- Anonymous1 decade agoFavorite Answer
Offenses Punishable Under Article 15
To initiate Article 15 action, a commander must have reason to believe that a member of his/her command committed an offense under the UCMJ. Article 15 gives a commanding officer power to punish individuals for minor offenses. The term minor offense" has been the cause of some concern in the administration of NJP. Article 15, UCMJ, and Part V, para. 1e, MCM (1998 ed.), indicate that the term "minor offense" means misconduct normally not more serious than that usually handled at summary court-martial (where the maximum punishment is thirty days' confinement). These sources also indicate that the nature of the offense and the circumstances surrounding its commission are also factors which should be considered in determining whether an offense is minor in nature. The term "minor offense" ordinarily does not include misconduct which, if tried by general court-martial, could be punished by a dishonorable discharge or confinement for more than one year. The military services, however, have taken the position that the final determination as to whether an offense is "minor" is within the sound discretion of the commanding officer.
Nature of offense. The Manual for Courts-Martial, 1998 edition, also indicates in Part V, para. 1e, that, in determining whether an offense is minor, the "nature of the offense" should be considered. This is a significant statement and often is misunderstood as referring to the seriousness or gravity of the offense. Gravity refers to the maximum possible punishment, however, and is the subject of separate discussion in that paragraph. In context, nature of the offense refers to its character, not its gravity. In military criminal law, there are two basic types of misconduct-disciplinary infractions and crimes. Disciplinary infractions are breaches of standards governing the routine functioning of society. Thus, traffic laws, license requirements, disobedience of military orders, disrespect to military superiors, etc., are disciplinary infractions. Crimes, on the other hand, involve offenses commonly and historically recognized as being particularly evil (such as robbery, rape, murder, aggravated assault, larceny, etc.). Both types of offenses involve a lack of self-discipline, but crimes involve a particularly gross absence of self-discipline amounting to a moral deficiency. They are the product of a mind particularly disrespectful of good moral standards. In most cases, criminal acts are not minor offenses and, usually, the maximum imposable punishment is great. Disciplinary offenses, however, are serious or minor depending upon circumstances and, thus, while some disciplinary offenses carry severe maximum penalties, the law recognizes that the impact of some of these offenses on discipline will be slight. Hence, the term "disciplinary punishment" used in the Manual for Courts-Martial, 1998 edition, is carefully chosen.
Sounds like you're going to the stockade and looking for a way out. Oh well, you shouldn't have been drinking on duty in a combat zone. You should have stuck to shooting up heroin like everyone else... enjoy your article 15 or courtmartial.
- 4 years ago
Here's a better question... If he's abusing you why don't you just leave him instead of figuring out how you can better position yourself or how it's going to effect his career? If you're inquiring for the right reasons you should be looking into divorce proceedings, looking up Army regulations is only being vindictive. Otherwise, good luck with trying to prosecute a case against someone for being a dick.
- Dr.BucksnortLv 71 decade ago
your commanding officer has the authority under ucmj article 15
- Tapestry6Lv 71 decade ago
Depends upon the test results, where you drinking?