1. Legal

A Guide to Understand UCMJ Punitive Articles

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The UCMJ clearly outlines the legal expectations of every member of the United States military. articles 1 to 76 mainly deal with administration and procedures under the UCMJ. Articles 135 to 146 also relate to proceedings under the UCMJ. If you are facing a criminal case in your service industry, the UCMJ sanctions provisions, articles 77 through 134, are probably the best fit for your situation. 

These articles outline all potential offences that could lead to administrative separation or military court. There are some of the most frequently cited UCMJ Punitive Articles that could lead to administrative separation or military court 

Article 86: Absence Without Leave (AWOL). Going AWOL is a big violation. As a member of the military, you must remain at your post and report on duty as directed by your Commanding Officer. If you leave the base or leave your post without the permission of your commanding officer, you risk serious fines under the UCMJ. 

Article 91: The purpose of article 91 is to protect non-commissioned officers, non-commissioned officers or non-commissioned officers from disrespect and violence, and ensure compliance with their lawful orders. Charged with an article 91 violation, the defendant knew that the victim was a Warrant, NCO, or NCO. 

Article 92: Failure to comply with orders and regulations. Members must obey orders and comply with all applicable military regulations while performing their duties. 

Article 104: Helping the enemy. This violation may or may not be intentional. Intentionally assisting enemy fighters in any way could  lead to more serious charges, including treason. 

Article 112: Drunk while on duty. Drinking while on duty is a punishable offence under the UCMJ. While violations of this type may result in the commanding officer not being prosecuted under the law, repeated violations will result in more serious action under the UCMJ.

Article 121: Crime of theft and appropriation of property. Simply put, this UCMJ article is about theft. Larceny refers to theft to keep another party's property, while misappropriation refers to the temporary unauthorised appropriation of property. 

Article 125: Sodomy.  UCMJ prohibits “unnatural sexual intercourse” between soldiers of the same or opposite sex. 

Article 133: Disrespectful behaviour of soldiers. Members of the armed forces are expected to reflect the best of American values. What constitutes inappropriate behaviour for an officer? Although Article 133 may seem vague, this UCMJ article generally deals with indecent, cruel, dishonest and unfair practices. Article 134: This is one of the most extensive articles of the UCMJ and includes a variety of crimes of gross misconduct and gross negligence. Some examples of offences listed in Article 134 UCMJ include negligent shooting, adultery, solicitation of  prostitution, rioting, endangering children, violating medical isolation orders and illegal cohabitation. Can you get fired from the military for having an affair? Many people are surprised to learn that yes, adultery can  lead to severe punishments, including humiliating dismissal and salary deductions.

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