Law School Admission Test /The Army Study Guide: Military Justice AR 27-10 Part 3
The Army Study Guide: Military Justice AR 27-10 Part 3
This flashcard deck covers key concepts and procedures related to military justice under AR 27-10, including UCMJ punishments, appeals, and administrative actions.
Para 3-19 Who are commanders are encouraged to consult prior to giving punishment under UCMJ?
Their NCO’s
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Key Terms
Term
Definition
Para 3-19 Who are commanders are encouraged to consult prior to giving punishment under UCMJ?
Their NCO’s
Para 3-19 What are the kinds and amounts of punishment authorized under the UCMJ, Art. 15?
Company Level: 1. Correctional custody for PFC and below: 7 days company 2. Confinement on bread and water or diminished rations: for PFC and below fo...
Para 3-22 Can the Punishment be made public and put out at formation?
Yes after Social Security number has been removed
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Para 3-22 What would be the purpose of Announcing or Posting the Article 15’s?
The purpose of announcing and posting the results of punishments is to preclude perceptions of unfairness of punishment and to deter similar misconduc...
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Para 3-22 Can the Article 15 be published on Bulletin Boards?
Yes after Social Security number has been removed
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Para 3-24 What does punishment is suspended mean?
Suspension is a grant of probation period during which a Soldier may show that the Soldier deserves a remission of the remaining suspended punishment
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| Term | Definition |
|---|---|
Para 3-19 Who are commanders are encouraged to consult prior to giving punishment under UCMJ? | Their NCO’s |
Para 3-19 What are the kinds and amounts of punishment authorized under the UCMJ, Art. 15? | Company Level: 1. Correctional custody for PFC and below: 7 days company 2. Confinement on bread and water or diminished rations: for PFC and below for personnel attached to or embarked on a vessel 3 days company level 3. Restriction: 14 days for Company 4. Arrest in quarters: None 5. Extra duties: 14 days for Company 6. Reduction in grade: 1 grade Company Level 7. Forfeiture of pay: 7 days pay for Company level 8. Combination and apportionment Field Grade and Higher Level: 8. Correctional custody: for PFC and below 30 days 9. Confinement on bread and water or diminished rations: for PFC and below for personnel attached to or embarked on a vessel: 4 days battalion or higher 10. Restriction: 60 days for Battalion and higher 11. Arrest in quarters: 30 days Battalion and higher 12. Extra duties: 45 days for Battalion and higher 13. Reduction in grade: 1 or more grades for E-4 and Below at BN and for 1 Grade for E-5& E-6 BN Or higher Level 14. Forfeiture of pay: ½ of one month’s pay for 2 months BN and above 15. Combination and apportionment can be a combination of above |
Para 3-22 Can the Punishment be made public and put out at formation? | Yes after Social Security number has been removed |
Para 3-22 What would be the purpose of Announcing or Posting the Article 15’s? | The purpose of announcing and posting the results of punishments is to preclude perceptions of unfairness of punishment and to deter similar misconduct by other Soldiers |
Para 3-22 Can the Article 15 be published on Bulletin Boards? | Yes after Social Security number has been removed |
Para 3-24 What does punishment is suspended mean? | Suspension is a grant of probation period during which a Soldier may show that the Soldier deserves a remission of the remaining suspended punishment |
Para 3-24 How long can a punishment be suspended for Company and Higher Article 15’s? | punishment of reduction or forfeiture may be suspended only within a period of 4 months after the date imposed other suspensions can be for 6 months in length |
Para 3-24 How long can a punishment be suspended for Summarized Article 15’s? | No more than 3 months |
Para 3-25 What is Vacation of any suspended punishment? | if a Commander believes that a Soldier that is on Suspension has committed misconduct he can cancel the Suspension and uphold the punishments suspended without any formal proceedings |
What is Mitigation? | Mitigation is a reduction in either the quantity or quality of a punishment, for example, a punishment of correctional custody for 20 days reduced to 10 days or to restriction for 20 days but the days cannot be more than previous day |
Para 3-27 What is Remission? | This is an action whereby any portion of the unexecuted punishment is canceled |
Para 3-28 What is Setting aside and restoration? | This is an action whereby the punishment or any part or amount, whether executed or unexecuted, is set aside and any rights, privileges, or property affected by the portion of the punishment set aside are restored |
Para 3-28 What does Clear injustice mean? | “Clear injustice” means that there exists an unwaived legal or factual error that clearly and affirmatively injured the substantial rights of the Soldier |
Para 3-28 How long does a Commander have to set aside a punishment or perform a restoration if a reduction in grade to a forfeiture of pay, absent unusual circumstances? | It must be exercised only within 4 months after the punishment has been executed |
Para 3-29 How many Appeals can a soldier make to an Article 15 hearing? | Only one appeal is permissible under UCMJ, Art. 15 proceedings |
Para 3-30 Who may act on an appeal? | The next superior authority to the commanding officer who imposed the UCMJ, Art. 15 punishment will act on an appeal if the Soldier punished is still of the command of that officer at the time of appeal |
Para 3-36 What is the form used for Article 15’s? | DA Form 2627 |
Para 3-4 Who may request the transfer of a record of Nonjudicial punishment from the performance section of their OMPF to the restricted section? | GT and above |