1. MILITARY CONDUCT AND JUSTICE
BMR CHAPTER 2
HM1 VIDAL

2. THREE SOURCES THAT SET FORTH THE LAW!!!!
U.S. Navy Regulations
Standard Organization and Regulations of the U.S. Navy (SORN)
Uniform Code of Military Justice

3. PERSONAL CONDUCT

4. PERSONAL CONDUCT A good sailor always…
Acts in a military and seamanlike manner
Puts the good of the navy before personal likes and dislikes
Obeys the rules of military courtesy and etiquette
Demonstrates loyalty, self control, honesty and truthfulness
Knows what to do in an emergency and how to do it with the least waste of time and with minimum confusion

5. CODE OF CONDUCT

6. Code of Conduct Prescribed in 1955 by President Eisenhower
Provides American military personnel with a standard of conduct if captured by the enemy
Provides a framework of ideals and ethical standards that will help personnel resist the physical, mental and moral onslaughts of their captors

7. Code of Conduct Article I
I am an American, fighting in the forces which guard my country and our way of life. I am prepared to give my life in their defense.

8. Code of Conduct Article II
I will never surrender of my own free will. If in command I will never surrender the members of my command while they still have the means to resist.

9. Code of Conduct Article III
If I am captured, I will continue to resist by all means available. I will make every effort to escape and aid others to escape. I will accept neither parole nor special favors from the enemy.

10. Code of Conduct Article IV
If I become a prisoner of war, I will keep faith with my fellow prisoners. I will give no information or take part in any action which might be harmful to my comrades. If I am senior, I will take command. If not, I will obey the lawful orders of those appointed over me and will back them up in every way.

11. Code of Conduct Article V
When questioned, should I become a prisoner of war, I am required to give name, rank, service number and date of birth. I will evade answering further questions to the utmost of my ability. I will make no oral or written statements disloyal to my country and its allies or harmful to their cause.

12. Code of Conduct Article VI
I will never forget that I am an American, fighting for freedom, responsible for my actions, and dedicated to the principles which made my country free. I will trust in my God and in the United States of America.

13. WHAT ARE THE 3 SOURCES THAT GOVERN MILITARY CONDUCT AND JUSTICE?
U.S. NAVY REGULATIONS STANDARD ORGANIZATION AND REGULATIONS OF THE NAVY(SORN) UNIFORM CODE OF MILITARY JUSTICE

14. WHAT PROVIDES AMERICAN MILITARY PERSONNEL WITH A STANDARD OF CONDUCT IF CAPTURED BY THE ENEMY?
CODE OF CONDUCT

15. 1955 BY PRESIDENT DWIGHT D. EISENHOWER
THE CODE OF CONDUCT WAS PRESCRIBED IN WHAT YEAR AND BY WHICH PRESIDENT?
1955 BY PRESIDENT DWIGHT D. EISENHOWER

16. THE CODE OF CONDUCT IS COMPRISED OF HOW MANY ARTICLES?
SIX

17. NAME RANK SERVICE NUMBER DATE OF BIRTH
ACCORDING TO ARTICLE 5 OF THE CODE OF CONDUCT, WHAT IS THE ONLY INFORMATION YOU ARE REQUIRED TO DIVULGE IF CAPTURED?
NAME RANK SERVICE NUMBER DATE OF BIRTH

18. MILITARY POLICE

19. Military Police Air Force Security Police Army/Marine Corps
Military Police (MP)
Navy
Shore Patrol (SP)
In areas that are unified with combined forces
Armed Forces Police Detachment (AFPD)

20. DISCIPLINE

21. Discipline
The word discipline comes from a Latin word meaning “to teach”.
Discipline is a character builder, not a destroyer of individuality.
Signs of discipline are shown in:
Smart salutes
Uniforms
Reporting to stations on time

22. ARMED FORCES POLICE DEPARTMENT (AFPD)
MILITARY POLICE THAT PERFORM DUTIES IN A UNIFIED JOINT AREA ARE KNOWN AS WHAT?
ARMED FORCES POLICE DEPARTMENT (AFPD)

23. T OR F? DISCIPLINE SHOULD NOT BE USED AS A CHARACTER BUILDER.
FALSE

24. PUNISHMENT

25. Punishment
Punishment is not personal, vindictive, or inflicted as revenge for misconduct
Punishment must be consistent and just
Should NEVER lower self esteem or be out of proportion to the offense
***Personnel are punished as a result of their behavior
***They will not be punished again if they learn to conform to Navy standards of conduct

26. REGULATIONS THAT GOVERN THE U.S. NAVY

27. U.S. Navy Regulations Describes:
Principal parts of the Department of the Navy
Duties, authority, and responsibilities of some of the offices within the DoN
Rights and responsibilities of all Navy personnel
CNO is responsible for ensuring the U.S Navy Regs conform to the current needs of the DoN.
Changes are issued by the SECNAV after being approved by the President

28. U.S. Navy Regulations Examples:
1037. Authority of CWO, NCOs and Petty Officers
CWOs, Warrant Officers, NCOs and petty officers shall have, under their superiors, all necessary authority for the proper performance of their duties, and they shall be obeyed accordingly
1064. Detail of Enlisted Persons for Certain Details
Petty officers will not be detailed to perform mess duties, except when nonrated personnel are not available
1157. Leave and Liberty
Leave and liberty will be granted to the maximum extent practicable

29. Standard Organization and Regulations of the U.S. Navy
Found in OPNAVINST
Provides regulation and guidance of all members
Specifies duties and responsibilities within a unit organization

30. Standard Organization and Regulations of the U.S. Navy
Emergency Equipment
No person shall use emergency equipment for any purpose other than that for which it is intended….
Intoxicated Persons
The OOD or the CDO shall ensure that the medical officer or a qualified rep shall promptly examine all persons who return onboard in an intoxicated condition or found onboard intoxicated

31. Uniform Code of Military Justice
Until 1951, the various military branches operated under different military codes
Secretary of Defense James Forrestal initiated the interservice committee that drafted the UCMJ, which was passed by congress on 5 MAY 1950 and signed into law and became effective on 31 MAY 1951
The Manual for Courts-Martial (MCM) consolidated and standardized military legal procedures

32. UCMJ Article 137 (Articles to be explained)
Must be explained to every enlisted person at certain intervals
At time of enlistment
After 6 months of AD
During reenlistment

33. UCMJ Examples Art 15 COs Nonjudicial Punishment
For some offenses, COs may offer an article 15 instead of court-martial. Receiving an article 15 is not a conviction and does not give a person a criminal record
Art 134 General Article

34. WHEN ISSUING PUNISHMENT, LEADERS MUST CONSIDER ALL OF THE FOLLING EXCEPT WHAT?
Punishment is not personal, vindictive, or inflicted as revenge for misconduct
Delivered with intent to embarrass the perpetrator
Punishment must be consistent and just
Should NEVER lower self esteem or be out of proportion to the offense

35. B. Delivered with intent to embarrass the perpetrator
WHEN ISSUING PUNISHMENT, LEADERS MUST CONSIDER ALL OF THE FOLLING EXCEPT WHAT?
B. Delivered with intent to embarrass the perpetrator

36. WHO IS RESPONSIBLE FOR ENSURING THAT NAVY REGULATIONS CONFORM TO THE CURRENT NEEDS OF THE NAVY?
CNO

37. CHANGES TO NAVY REGULATIONS ARE ISSUED BY THE SECRETARY OF THE NAVY AFTER BEING APPROVED BY WHO?
THE PRESIDENT

38. ON WHAT DAY DID THE UCMJ BECOME EFFECTIVE?
MAY 31, 1951

39. WHICH ARTICLE OF THE UCMJ GRANTS COs THE AUTHORITY TO ISSUE NONJUDICIAL PUNISHMENT?

40. STANDARD ORGANIZATION AND REGUALTIONS OF THE U.S. NAVY (SORN)
WHAT DOCUMENT SOURCE SPECIFIES DUTIES AND RESPONSIBILITIES WITHIN A NAVY UNIT ORGANIZATION?
STANDARD ORGANIZATION AND REGUALTIONS OF THE U.S. NAVY (SORN)

41. ARTICLE 15 - NJP (CAPTAINS MAST)

42. Article 15 - NJP (Captains Mast)
If you break a rule or are negligent, careless, or unmilitary in your conduct, an officer or petty officer may put you on report
Being “put on report” means you may see “the man”
Anyone who is not attached to or embarked in a vessel may demand trial by court-martial
Punishments permitted at captain’s mast depend on the rank of the officer holding mast
A CO that decides an offense deserves punishment more severe than he is authorized to give may order court-martial

43. Article 15 - NJP (Captains Mast)
Punishments
Restriction
The requirement to remain within certain specified limits
Although required to muster at certain times, the restricted personnel usually continues to perform their regular duties
Correctional Custody (confinement)
Confinement on Bread and Water or Diminished Rations
May be imposed only on enlisted persons E-3 and below aboard ship

44. Article 15 - NJP (Captains Mast)
Punishments
Extra Duty
Performed after regular working hours
Not to exceed 2 hours daily
Not to be performed on holidays
Forfeiture of Pay
Detention period must be specified
Money is normally returned at the end of the detention period, up to 1 year

45. Article 15 - NJP (Captains Mast)
Appeals
Must be made within a reasonable time, usually 5 days
Meritorious and Request Masts
May be held by CO to give awards/commendations

46. COURTS-MARTIAL

47. COURTS-MARTIAL Summary Courts-martial
Consists of one commissioned officer
Can award any sentence that may be given at mast
Can also award additional punishments
1 month confinement
Hard labor without confinement for 45 days

48. COURTS-MARTIAL Special Courts-Martial Must consist of:
Not less than three members Or
Only a military judge
The accused has the right to:
Know the identity of the military judge
Consult with the defense counsel and request that the court consist of only the military judge
May award the same punishment of a summary court-martial, or it may add additional punishment such as:
“Big Chicken Dinner”
6 months confinement
Loss of 2/3 pay x 6 months
Hard labor without confinement for 3 months

49. COURTS-MARTIAL General Court-martial Consists of:
Didn’t I tell you? She told me she was in “school” She didn’t’ say “high school”!
General Court-martial
Consists of:
Military judge and not less than 5 members Or
Only a military judge
Accuser may request only a military judge
Can award any punishment not forbidden by the UCMJ, including death
Defense counsel may be a civilian or a military lawyer selected by the accused
****If a civilian counsel is selected, the accused must pay the counsel’s expenses, regardless of the outcome

50. PUNISHMENT ISSUED AT CAPTAIN’S MAST IS BASED ON THE PRESIDING OFFICER’S WHAT?
RANK

51. T OR F? A CO THAT DECIDES THAT AN OFFENSE DESERVES PUNSISHMENT MORE SEVERE THAN HE IS AUTHORIZED TO GIVE MAY ORDER COURTS MARTIAL.
TRUE

52. CONFINEMENT ON BREAD AND WATER MAY BE AWARDED TO PERSONNEL ABOARD SHIP OF WHAT RANKS?
E-3 AND BELOW

53. EXTRA DUTY WILL NOT EXCEED HOW MANY HOURS IN A DAY?

54. CAPTAIN’S MAST APPEALS SHOULD USUALLY BE MADE WITHIN HOW MANY DAYS?

55. A SUMMARY COURTS MARTIAL CONSISTS OF HOW MANY COMMISSIONED OFFICERS?

56. GENERAL COURTS MARTIAL
WHAT COURTS MARTIAL CAN AWARD ANY PUNISHMENT GRANTED BY THE UCMJ, INCLUDING DEATH?
GENERAL COURTS MARTIAL

57. WHO DAT WHO GOT QUESTIONS?????!!!!!